This Is An Rfq Set Aside To Small Businesses With The Naics Code 339113 Size Standard Of 750 Employees This Is A Firm Fixed Price Request For Quotation Issued For Personal Protective Equipment Cloth Masks Rfq 70Rdad20q00000117 Date Of Rfq May 26 2020 Questions Due Date And Time May 27 2020 At 3 00 Pm Eastern Time Et Responses Due Date And Time May 28 2020 At 10 00 Am Et Responses Shall Be Emailed To The Individuals Below By The Response Due Date And Time Contracting Specialist Francisco Mendozafrancisco Mendoza Hq Dhs Gov Contracting Officer Donald Nusbaumdonald Nusbaum Hq Dhs Gov Contracting Office Address Department Of Homeland Security Dhs Office Of Procurement Operations Opo Dept Operations Acquisition Div 245 Murray Lane Sw 0115 Washington Dc 20528 0115 This Is A Combined Synopsis Solicitation For Commercial Items Prepared In Accordance With Format In Far 12 6 As Supplemented With Additional Information Included In This Notice And Under The Authority To Use Simplified Procedures For Commercial Requirements As Provided In Far 13 This Announcement Constitutes The Only Solicitation And A Separate Written Solicitation Will Not Be Issued This Solicitation No 70Rdad20q00000117 Includes All Applicable Provisions And Clauses In Effect Through Fac 2020 06 05 06 2020 Simplified Procedures For Commercial Items Only One Award Will Be Made As A Result Of This Solicitation This Will Be Awarded As A Firm Fixed Price Type Contract Product The Vendor Shall Furnish Cloth Masks Cloth Masks 3 Ply Cotton Fabric Antimicrobial Finish That Contains Silver And Copper Elastic To Form Ear Loops Each 50 694 Pricing Shall Include All Shipping Costs Delivery The Cloth Masks Shall Be Delivered Within 30 Days From Award Date To The Addresses Under The Attached Shipping Schedule If Requested By The Co Or The Cor The Vendor Shall Provide Tracking Information Defective Or Damaged Products Products Delivered That Are Found To Be Damaged Or In An Unacceptable Condition May At The Discretion Of The Co Be Returned To The Vendor At The Vendor S Expense Within Thirty 30 Days Of Receipt Credit For Returned Goods Shall Be Made Immediately After The Vendor Receives The Returned Products Invoicing Instructions Invoices Shall Be Submitted Electronically To Invoicemgt Consolidation Ice Dhs Gov With A Courtesy Copy To The Contracting Officer Donald Nusbaum Hq Dhs Gov Contract Specialist Francisco Mendoza Hq Dhs Gov And To The Contracting Officer s Representative Invoices Shall Be Prepared In Accordance With Far 52 212 4 Contract Terms And Conditions Commercial Items And Should Also Include The Order Number And Applicable Clins Information To Be Included In The Invoice Should Be 1 Invoice 2 Dhs Contracting Officer Co Name And E Mail 3 Dhs Contracting Officer Representative Cor Name And E Mail 4 Name And Address 5 Duns Number 7 Purchase Order 9 Total Invoice 10 Accounting And Appropriation Data By Clin Contracting Officer The Contracting Officer Is The Only Individual Who Can Legally Commit Or Obligate The Government For The Expenditure Of Public Funds And Authorize Revisions Of The Terms And Conditions Of This Purchase Order The Contracting Officer Shall Authorize Any Such Revision In Writing If The Contractor Makes Any Purchase Order Changes At The Direction Of Any Person Other Than The Contracting Officer The Change Will Be Considered To Have Been Made Without Authority And No Adjustment Will Be Made In The Purchase Order To Cover Any Increases In Changes That May Result The Contracting Officer Has The Authority To Perform Any And All Post Award Functions In Administering And Enforcing The Purchase Order In Accordance With Its Terms And Conditions The Contracting Officer Is Donald Nusbaum E Mail Donald Nusbaum Hq Dhs Gov The Contract Specialist Is Francisco Mendoza E Mail Francisco Mendoza Hq Dhs Gov Contracting Officer s Representative Cor The Contracting Officer Will Designate A Cor To Assist In Monitoring The Work Under This Purchase Order Order The Cor Is Responsible For The Technical Administration Of The Purchase Order And Technical Liaison Between The Contractor And The Government The Cor Is Not Authorized To Change The Scope Of Work Or Specifications Stated In The Purchase Order To Make Any Commitments Or Otherwise Obligate The Government Or Authorize Any Changes Which Affect The Purchase Order Price Delivery Schedule Period Of Performance Or Other Terms And Conditions Provisions And Clauses This Contract Incorporates One Or More Clauses By Reference With The Same Force And Effect As If They Were Given In Full Context Full Text Of Clauses Can Be Viewed At Https Www Acquisition Gov Far 52 212 4 Contract Terms And Conditions Commercial Items Oct 2018 52 212 5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items Jan 2020 A The Contractor Shall Comply With The Following Federal Acquisition Regulation Far Clauses Which Are Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items 1 52 203 19 Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements Jan 2017 Section 743 Of Division E Title Vii Of The Consolidated And Further Continuing Appropriations Act 2015 Pub L 113 235 And Its Successor Provisions In Subsequent Appropriations Acts And As Extended In Continuing Resolutions 2 52 204 23 Prohibition On Contracting For Hardware Software And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities Jul 2018 Section 1634 Of Pub L 115 91 3 52 204 25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment Aug 2019 Section 889 A 1 A Of Pub L 115 232 4 52 209 10 Prohibition On Contracting With Inverted Domestic Corporations Nov 2015 5 52 233 3 Protest After Award Aug 1996 31 U S C 3553 6 52 233 4 Applicable Law For Breach Of Contract Claim Oct 2004 Public Laws 108 77 And 108 78 19 U S C 3805 Note B The Contractor Shall Comply With The Far Clauses In This Paragraph B That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items X 1 52 203 6 Restrictions On Subcontractor Sales To The Government Sept 2006 With Alternate I Oct 1995 41 U S C 4704 And 10 U S C 2402 2 52 203 13 Contractor Code Of Business Ethics And Conduct Oct 2015 41 U S C 3509 3 52 203 15 Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 June 2010 Section 1553 Of Pub L 111 5 Applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009 X 4 52 204 10 Reporting Executive Compensation And First Tier Subcontract Awards Oct 2016 Pub L 109 282 31 U S C 6101 Note 5 Reserved 6 52 204 14 Service Contract Reporting Requirements Oct 2016 Pub L 111 117 Section 743 Of Div C 7 52 204 15 Service Contract Reporting Requirements For Indefinite Delivery Contracts Oct 2016 Pub L 111 117 Section 743 Of Div C 8 52 209 6 Protecting The Government S Interest When Subcontracting With Contractors Debarred Suspended Or Proposed For Debarment Oct 2015 31 U S C 6101 Note 9 52 209 9 Updates Of Publicly Available Information Regarding Responsibility Matters Jul 2013 41 U S C 2313 10 Reserved 11 I 52 219 3 Notice Of Hubzone Set Aside Or Sole Source Award Nov 2011 15 U S C 657A X 12 I 52 219 4 Notice Of Price Evaluation Preference For Hubzone Small Business Concerns Oct 2014 If The Offeror Elects To Waive The Preference It Shall So Indicate In Its Offer 15 U S C 657A Ii Alternate I Jan 2011 Of 52 219 4 13 Reserved 14 I 52 219 6 Notice Of Total Small Business Set Aside Nov 2011 15 U S C 644 Ii Alternate I Nov 2011 Iii Alternate Ii Nov 2011 15 I 52 219 7 Notice Of Partial Small Business Set Aside June 2003 15 U S C 644 Ii Alternate I Oct 1995 Of 52 219 7 Iii Alternate Ii Mar 2004 Of 52 219 7 16 52 219 8 Utilization Of Small Business Concerns Nov 2016 15 U S C 637 D 2 And 3 17 I 52 219 9 Small Business Subcontracting Plan Jan 2017 15 U S C 637 D 4 Ii Alternate I Nov 2016 Of 52 219 9 Iii Alternate Ii Nov 2016 Of 52 219 9 Iv Alternate Iii Nov 2016 Of 52 219 9 V Alternate Iv Nov 2016 Of 52 219 9 18 52 219 13 Notice Of Set Aside Of Orders Nov 2011 15 U S C 644 R 19 52 219 14 Limitations On Subcontracting Jan 2017 15 U S C 637 A 14 20 52 219 16 Liquidated Damages Subcon Tracting Plan Jan 1999 15 U S C 637 D 4 F I 21 52 219 27 Notice Of Service Disabled Veteran Owned Small Business Set Aside Nov 2011 15 U S C 657 F X 22 52 219 28 Post Award Small Business Program Rerepresentation Jul 2013 15 U S C 632 A 2 23 52 219 29 Notice Of Set Aside For Or Sole Source Award To Economically Disadvantaged Women Owned Small Business Concerns Dec 2015 15 U S C 637 M 24 52 219 30 Notice Of Set Aside For Or Sole Source Award To Women Owned Small Business Concerns Eligible Under The Women Owned Small Business Program Dec 2015 15 U S C 637 M X 25 52 222 3 Convict Labor June 2003 E O 11755 X 26 52 222 19 Child Labor Cooperation With Authorities And Remedies Jan 2018 E O 13126 X 27 52 222 21 Prohibition Of Segregated Facilities Apr 2015 X 28 52 222 26 Equal Opportunity Sept 2016 E O 11246 29 52 222 35 Equal Opportunity For Veterans Oct 2015 38 U S C 4212 X 30 52 222 36 Equal Opportunity For Workers With Disabilities Jul 2014 29 U S C 793 31 52 222 37 Employment Reports On Veterans Feb 2016 38 U S C 4212 32 52 222 40 Notification Of Employee Rights Under The National Labor Relations Act Dec 2010 E O 13496 X 33 I 52 222 50 Combating Trafficking In Persons Mar 2015 22 U S C Chapter 78 And E O 13627 Ii Alternate I Mar 2015 Of 52 222 50 22 U S C Chapter 78 And E O 13627 34 52 222 54 Employment Eligibility Verification Oct 2015 Executive Order 12989 Not Applicable To The Acquisition Of Commercially Available Off The Shelf Items Or Certain Other Types Of Commercial Items As Prescribed In 22 1803 35 I 52 223 9 Estimate Of Percentage Of Recovered Material Content For Epa Designated Items May 2008 42 U S C 6962 C 3 A Ii Not Applicable To The Acquisition Of Commercially Available Off The Shelf Items Ii Alternate I May 2008 Of 52 223 9 42 U S C 6962 I 2 C Not Applicable To The Acquisition Of Commercially Available Off The Shelf Items 36 52 223 11 Ozone Depleting Substances And High Global Warming Potential Hydrofluorocarbons Jun 2016 E O 13693 37 52 223 12 Maintenance Service Repair Or Disposal Of Refrigeration Equipment And Air Conditioners Jun 2016 E O 13693 38 I 52 223 13 Acquisition Of Epeat Registered Imaging Equipment Jun 2014 E O S 13423 And 13514 Ii Alternate I Oct 2015 Of 52 223 13 39 I 52 223 14 Acquisition Of Epeat Registered Televisions Jun 2014 E O S 13423 And 13514 Ii Alternate I Jun 2014 Of 52 223 14 40 52 223 15 Energy Efficiency In Energy Consuming Products Dec 2007 42 U S C 8259B 41 I 52 223 16 Acquisition Of Epeat Registered Personal Computer Products Oct 2015 E O S 13423 And 13514 Ii Alternate I Jun 2014 Of 52 223 16 X 42 52 223 18 Encouraging Contractor Policies To Ban Text Messaging While Driving Aug 2011 E O 13513 43 52 223 20 Aerosols Jun 2016 E O 13693 44 52 223 21 Foams Jun 2016 E O 13693 45 I 52 224 3 Privacy Training Jan 2017 5 U S C 552A Ii Alternate I Jan 2017 Of 52 224 3 46 52 225 1 Buy American Supplies May 2014 41 U S C Chapter 83 X 47 I 52 225 3 Buy American Free Trade Agreements Israeli Trade Act May 2014 41 U S C Chapter 83 19 U S C 3301 Note 19 U S C 2112 Note 19 U S C 3805 Note 19 U S C 4001 Note Pub L 103 182 108 77 108 78 108 286 108 302 109 53 109 169 109 283 110 138 112 41 112 42 And 112 43 Ii Alternate I May 2014 Of 52 225 3 Iii Alternate Ii May 2014 Of 52 225 3 Iv Alternate Iii May 2014 Of 52 225 3 48 52 225 5 Trade Agreements Oct 2016 19 U S C 2501 Et Seq 19 U S C 3301 Note X 49 52 225 13 Restrictions On Certain Foreign Purchases June 2008 E O S Proclamations And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury 50 52 225 26 Contractors Performing Private Security Functions Outside The United States Oct 2016 Section 862 As Amended Of The National Defense Authorization Act For Fiscal Year 2008 10 U S C 2302 Note 51 52 226 4 Notice Of Disaster Or Emergency Area Set Aside Nov 2007 42 U S C 5150 52 52 226 5 Restrictions On Subcontracting Outside Disaster Or Emergency Area Nov 2007 42 U S C 5150 53 52 232 29 Terms For Financing Of Purchases Of Commercial Items Feb 2002 41 U S C 4505 10 U S C 2307 F 54 52 232 30 Installment Payments For Commercial Items Jan 2017 41 U S C 4505 10 U S C 2307 F X 55 52 232 33 Payment By Electronic Funds Transfer System For Award Management Jul 2013 31 U S C 3332 56 52 232 34 Payment By Electronic Funds Transfer Other Than System For Award Management Jul 2013 31 U S C 3332 57 52 232 36 Payment By Third Party May 2014 31 U S C 3332 58 52 239 1 Privacy Or Security Safeguards Aug 1996 5 U S C 552A 59 52 242 5 Payments To Small Business Subcontractors Jan 2017 15 U S C 637 D 12 60 I 52 247 64 Preference For Privately Owned U S Flag Commercial Vessels Feb 2006 46 U S C Appx 1241 B And 10 U S C 2631 Ii Alternate I Apr 2003 Of 52 247 64 2 If An Applicable Statute Requires Or If It Has Been Determined Under Agency Procedures That The Supplies To Be Furnished Under The Contracts Must Be Transported Exclusively In Privately Owned U S Flag Commercial Vessels See 47 502 A 1 And 47 503 B Use The Clause With Its Alternate I 3 Except For Contracts Or Agreements For Ocean Transportation Services Or Construction Contracts Use The Clause With Its Alternate Ii If Any Of The Supplies To Be Transported Are Commercial Items That Are Shipped In Direct Support Of U S Military I Contingency Operations Ii Exercises Or Iii Forces Deployed In Connection With United Nations Or North Atlantic Treaty Organization Humanitarian Or Peacekeeping Operations C The Contractor Shall Comply With The Far Clauses In This Paragraph C Applicable To Commercial Services That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items 1 52 222 17 Nondisplacement Of Qualified Workers May 2014 E O 13495 2 52 222 41 Service Contract Labor Standards May 2014 41 U S C Chapter 67 3 52 222 42 Statement Of Equivalent Rates For Federal Hires May 2014 29 U S C 206 And 41 U S C Chapter 67 4 52 222 43 Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment Multiple Year And Option Contracts May 2014 29 U S C 206 And 41 U S C Chapter 67 5 52 222 44 Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment May 2014 29 U S C 206 And 41 U S C Chapter 67 6 52 222 51 Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance Calibration Or Repair Of Certain Equipment Requirements May 2014 41 U S C Chapter 67 2 The Contracting Officer Shall Insert The Clause At 52 222 51 Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance Calibration Or Repair Of Certain Equipment Requirements I In Solicitations That Include The Provision At 52 222 48 Or The Comparable Provision Is Checked As Applicable In The Clause At 52 204 8 C 2 Or 52 212 3 K 1 And Ii In Resulting Contracts In Which The Contracting Officer Has Determined In Accordance With 22 1003 4 C 3 That The Service Contract Labor Standards Statute Does Not Apply 7 52 222 53 Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements May 2014 41 U S C Chapter 67 8 52 222 55 Minimum Wages Under Executive Order 13658 Dec 2015 9 52 222 62 Paid Sick Leave Under Executive Order 13706 Jan 2017 E O 13706 10 52 226 6 Promoting Excess Food Donation To Nonprofit Organizations May 2014 42 U S C 1792 D Comptroller General Examination Of Record The Contractor Shall Comply With The Provisions Of This Paragraph D If This Contract Was Awarded Using Other Than Sealed Bid Is In Excess Of The Simplified Acquisition Threshold And Does Not Contain The Clause At 52 215 2 Audit And Records Negotiation 1 The Comptroller General Of The United States Or An Authorized Representative Of The Comptroller General Shall Have Access To And Right To Examine Any Of The Contractor S Directly Pertinent Records Involving Transactions Related To This Contract 2 The Contractor Shall Make Available At Its Offices At All Reasonable Times The Records Materials And Other Evidence For Examination Audit Or Reproduction Until 3 Years After Final Payment Under This Contract Or For Any Shorter Period Specified In Far Subpart 4 7 Contractor Records Retention Of The Other Clauses Of This Contract If This Contract Is Completely Or Partially Terminated The Records Relating To The Work Terminated Shall Be Made Available For 3 Years After Any Resulting Final Termination Settlement Records Relating To Appeals Under The Disputes Clause Or To Litigation Or The Settlement Of Claims Arising Under Or Relating To This Contract Shall Be Made Available Until Such Appeals Litigation Or Claims Are Finally Resolved 3 As Used In This Clause Records Include Books Documents Accounting Procedures And Practices And Other Data Regardless Of Type And Regardless Of Form This Does Not Require The Contractor To Create Or Maintain Any Record That The Contractor Does Not Maintain In The Ordinary Course Of Business Or Pursuant To A Provision Of Law E 1 Notwithstanding The Requirements Of The Clauses In Paragraphs A B C And D Of This Clause The Contractor Is Not Required To Flow Down Any Far Clause Other Than Those In This Paragraph E 1 In A Subcontract For Commercial Items Unless Otherwise Indicated Below The Extent Of The Flow Down Shall Be As Required By The Clause I 52 203 13 Contractor Code Of Business Ethics And Conduct Oct 2015 41 U S C 3509 Ii 52 203 19 Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements Jan 2017 Section 743 Of Division E Title Vii Of The Consolidated And Further Continuing Appropriations Act 2015 Pub L 113 235 And Its Successor Provisions In Subsequent Appropriations Acts And As Extended In Continuing Resolutions Iii 52 204 23 Prohibition On Contracting For Hardware Software And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities Jul 2018 Section 1634 Of Pub L 115 91 Iv 52 204 25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment Aug 2019 Section 889 A 1 A Of Pub L 115 232 V 52 219 8 Utilization Of Small Business Concerns Oct 2018 15 U S C 637 D 2 And 3 In All Subcontracts That Offer Further Subcontracting Opportunities If The Subcontract Except Subcontracts To Small Business Concerns Exceeds 700 000 1 5 Million For Construction Of Any Public Facility The Subcontractor Must Include 52 219 8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities Vi 52 222 17 Nondisplacement Of Qualified Workers May 2014 E O 13495 Flow Down Required In Accordance With Paragraph L Of Far Clause 52 222 17 Vii 52 222 21 Prohibition Of Segregated Facilities Apr 2015 Viii 52 222 26 Equal Opportunity Sept 2015 E O 11246 Ix 52 222 35 Equal Opportunity For Veterans Oct 2015 38 U S C 4212 X 52 222 36 Equal Opportunity For Workers With Disabilities Jul 2014 29 U S C 793 Xi 52 222 37 Employment Reports On Veterans Feb 2016 38 U S C 4212 Xii 52 222 40 Notification Of Employee Rights Under The National Labor Relations Act Dec 2010 E O 13496 Flow Down Required In Accordance With Paragraph F Of Far Clause 52 222 40 Xiii 52 222 41 Service Contract Labor Standards Aug 2018 41 U S C Chapter 67 Xiv A 52 222 50 Combating Trafficking In Persons Jan 2019 22 U S C Chapter 78 And E O 13627 B Alternate I Mar 2015 Of 52 222 50 22 U S C Chapter 78 And E O 13627 Xv 52 222 51 Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance Calibration Or Repair Of Certain Equipment Requirements May 2014 41 U S C Chapter 67 Xvi 52 222 53 Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements May 2014 41 U S C Chapter 67 Xvii 52 222 54 Employment Eligibility Verification Oct 2015 E O 12989 Xviii 52 222 55 Minimum Wages Under Executive Order 13658 Dec 2015 Xix 52 222 62 Paid Sick Leave Under Executive Order 13706 Jan 2017 E O 13706 Xx A 52 224 3 Privacy Training Jan 2017 5 U S C 552A B Alternate I Jan 2017 Of 52 224 3 Xxi 52 225 26 Contractors Performing Private Security Functions Outside The United States Oct 2016 Section 862 As Amended Of The National Defense Authorization Act For Fiscal Year 2008 10 U S C 2302 Note Xxii 52 226 6 Promoting Excess Food Donation To Nonprofit Organizations May 2014 42 U S C 1792 Flow Down Required In Accordance With Paragraph E Of Far Clause 52 226 6 Xxiii 52 247 64 Preference For Privately Owned U S Flag Commercial Vessels Feb 2006 46 U S C Appx 1241 B And 10 U S C 2631 Flow Down Required In Accordance With Paragraph D Of Far Clause 52 247 64 2 While Not Required The Contractor May Include In Its Subcontracts For Commercial Items A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations End Of Clause Far 52 247 34 F O B Destination Nov 1991 Hsar 3052 203 70 Instructions For Contractor Disclosure Of Violations Sep 2012 Hsar 3052 205 70 Advertisements Publicizing Awards And Release Alternate I Sep 2012 Hsar 3052 242 72 Contracting Officer s Technical Representative Dec 2003 Hsar 3052 209 70 Prohibition On Contracts With Corporate Expatriates Jun 2006 A Prohibitions Section 835 Of The Homeland Security Act 6 U S C 395 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 An Acquisition Described In Section 835 B 1 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 The 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 108 7001 Through 3009 108 7003 It Is A Foreign Incorporated Entity That Should Be Treated As An Inverted Domestic Corporation Pursuant To The Criteria Of Hsar 48 Cfr 3009 108 7001 Through 3009 108 7003 But It Has Submitted A Request For Waiver Pursuant To 3009 108 7004 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 108 7001 Through 3009 108 7003 But It Plans To Submit A Request For Waiver Pursuant To 3009 108 7004 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 Clause Evaluation Basis For Award Award Will Be Made To The Responsible Quoter Submitting The Lowest Priced Technically Acceptable Lpta Quote Meeting The Acceptability Standards For Non Cost Factors A Technically Acceptable Quote Is One In Which The Quoter Demonstrates The Capability To Provide The Products And Or Services Requested In This Rfq And Does Not Take Exception Nor Object To Any Of The Terms Of The Rfq The Quoter Shall Submit Information On 3 Recent Orders With Any Other Company Or Government Agency The Information Must Include The Quantity Of Cloth Masks Contact Information And Name Of The Company Agency Who Placed The Order And The Dates In Which The Order Took Place A Similar Order Is Considered One With Similar Cloth Masks And With A Quantity Higher Than 5 000 Masks The Orders Must Have Been Placed In The Last Three Years If There Are No Recent Orders Please State So In Your Quote And Submit A Statement On How You Will Fulfill The Order At The Discretion Of The Government The Information Submitted May Be Verified The Quoter Shall Submit The Specifications Of The Cloth Masks With The Quote In Order To Be Considered For Award Price Will Be Evaluated For Reasonableness For A Price To Be Reasonable It Must Represent A Price To The Government That A Prudent Person Would Pay When Consideration Is Given To Prices In The Market Normally Price Reasonableness Is Established Through Adequate Price Competition But May Also Be Determined Through Price And Or Cost Analysis Techniques
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