USCG C130 MAGNETIC ETHERNET CLOCK AND LICENSE

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This requirement will be satisfied using commercial acquisition procedures specified in FAR Part 12 and FAR Part 13.1 This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation number HSCG38-09-Q-300029 is being assigned to this procurement for tracking purposes only. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-31. The North American Industry Classification System Code is 541511. This procurement is being solicited on an unrestricted basis. The U.S. Coast Guard, Aviation Logistics Center (ALC), intends to award a Purchase Order using Simplified Acquisition Techniques on a sole source basis to Qqest Software Systems, Inc., Cage Code 043A2, for the procurement of model # IQ1000 Magnetic Ethernet Time Clock, quantity of 21 each; and Timeforce Employee Licensing, quantity 150 each. It is necessary to use Qqest time clocks and Timeforce software due to compatibility constraints with the timekeeping hardware and software currently in use. The Coast Guard does not own, nor can it provide drawings or technical data related to this requirement. All items are to be delivered to Aviation Logistics Center, Bldg 63, Elizabeth City, NC. 27909-5001. Required delivery time is 10 days from receipt of order. All responsible sources may submit an offer, which will be considered. Submissions may be faxed to +1 (555) 000-0000 or emailed to contact@example.gov Closing date for submission of offers is 20 April, 2009; 1500 EDT. Packaging of the items for shipment shall be in accordance with the Contractor's best commercial practices with the following exceptions: Packaging material shall not consist of the following material: popcorn, shredded paper, Styrofoam of any type, or peanut style packaging. FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Feb 2009): Offerors shall include a completed copy of this provision with their offer or complete only paragraph (j) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2008); FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2008) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2009); FAR 52.215-5 Facsimile Proposal (Oct 1997); FAR 52.203-6 Restrictions on Subcontractors Sales to the Government (Sept 2006), Alternate 1 (Oct 1995); FAR 52.219-28 Post Award Small Business Program Representation (Jun 2007); FAR 52.243-1 Changes Fixed Price (Aug 1987); FAR 52.247-34 FOB Destination (Nov 1991); FAR 52.222-3 Convict Labor (Jun 2003); FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Feb 2008); FAR 52.222-21 Prohibition of Segregated Facilities (Feb 1999); FAR 52.222-26 Equal Opportunity (Mar 2007); FAR 52.222-36 Affirmative Action For Workers with Disabilities (Jun 1998); FAR 52.225-1 Buy American Act - Supplies (June 2003) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008); FAR 52.222-50 Combating Trafficking in Persons (Feb 2009); FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003); FAR 52.233-3 Protest After Award (Aug 1996); FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) Full text of these clauses may be found in Federal Acquisition Regulations (FAR) at http://www.arnet.gov/far/index.html HSAM 3052.209-70 Prohibition on Contracts with Corporate Expatriates. (JUN 2006) (a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: - Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. - Foreign Incorporated Entity means any entity which is, or but for subsection (b) of Section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. - Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions) (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. - Person, - domestic, and - foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule For Related Partnerships. For purposes of applying Section 835(b) of Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for a waiver pursuant to 3009-104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009-104.70 through 3009-104.73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision)