22Q0013 Solicitation.pdf
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- Attached to
- Cedar Creek Day Use, OHB Day Use (A), and Laguardo Day Use at Old Hickory Area for Park Attendant Services
- Solicitation number
- W912P522Q0013
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Other files
| File | Type | Posted |
|---|---|---|
| 2022 Laguardo Calendar.xlsx | XLSX spreadsheet | |
| 2022 OHB A Calendar.xlsx | XLSX spreadsheet | |
| 2022 Cedar Creek DU Calendar.xlsx | XLSX spreadsheet |
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SEE ADDENDUM
(No Collect Calls)
W912P522Q0013
b. TELEPHONE NUMBER
615-736-7932
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 24 Feb 2022
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
18-Feb-2022
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912P59. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
STEPHANIE A RICHARDSON
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W38XDD12990053
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
US ARMY CORPS OF ENG.-NASHVILLE- W912P5
CELRN-CT, ROOM A604
110 NINTH AVE. SOUTH
P O BOX 1070
NASHVILLE TN 37203-1070
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W912P5 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
NASH. AREA OFC,OLD HICKORY LA
CRYSTAL TINGLE
OLD HICKORY LAKE #5 POWER PLANT ROAD
HENDERSONVILLE TN 37075-3467
TEL: 615-822-4846 FAX:
(615) 736-7124FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,000,000
NAICS:
721211
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF41
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
Section SF 1449 - CONTINUATION SHEET
QUOTE INSTRUCTIONS
INSTRUCTIONS TO SUBMIT A QUOTE
1. Please read and follow these instructions to submit quotes for the Park Attendant positions within the Nashville District. You may submit a quote for multiple locations, but a separate Price Schedule must be sent for each location and only one contract award will be issued to a contractor. Therefore, if you submit for multiple locations, it is in your best interest to rank-order your preferences.
2. PLACES OF PERFORMANCE: In FY22, there are (3) three positions offered for Park Attendants at
Old Hickory Lake, Hendersonville, TN 37075-3465: Cedar Creek Day Use Area, Old Hickory Beach (OHB) Day Use Schedule A, and Laguardo Day Use Area.
3. PERIOD OF PERFORMANCE: A base year period with the work to be performed during the recreation season of 2022 and three one-year option periods. Options will be exercised if in the Government’s best interest.
4. SITE VISIT: PROSPECTIVE PARK ATTENDANTS ARE URGED TO INSPECT THE RECREATION
AREAS BEFORE THEY SUBMIT A QUOTE IN ORDER TO BECOME FAMILIAR WITH THE SIZE AND
SCOPE OF THE DIFFERENT AREAS AND THEIR REQUIRED DUTIES. The Resource Manager or his representative will accompany the prospective attendants on this inspection. An appointment for an inspection tour should be arranged with the Resource Manager prior to arrival at the project. See the “Work Schedule” section for each location for contact information.
5. SYSTEM FOR AWARD MANAGEMENT REGISTRATION. All contractors must be registered in the System for Award Management and obtain a Unique Entity Identifier (formerly known as a DUNS number) before quotes can be accepted. To register, go to www.sam.gov.
6. WHAT, WHEN & WHERE TO SUBMIT YOUR QUOTE. Your quote must include all information including:
Part I - TECHNICAL PROPOSAL. Submit the following as the Technical Proposal:
a) Resume.
b) Complete “Attachment A, Experience Data For Park Attendant Contract.”
c) Color photo of your camping trailer or motor home
PART II - PRICE. Complete and sign the “Price Schedule” for the areas you wish to compete. If quoting for more than one campground, please annotate order of preference in block provided.
PART III – Standard Form 1449. Complete block 17a, 30a, 30b and 30c and submit the form.
PART IV – Quoter Representations and Certifications—Commercial Items . In provision
52.212- 3(b)(2), indicate if you have completed your annual representations and certifications electronically by writing “NONE” in the blank after “ ….except for paragraphs”, and submit with your quote.
If you have completed your annual representations and certifications electronically, but need to amend any of them, indicate which paragraphs are amended in the blank, complete the appropriate changes, and submit with your quote.
If you have not completed your annual representations and certifications electronically, complete the applicable blocks and fill-in blanks of provision 52.212-3 and submit with your quote.
Submit the above information as your quote. Quotes must be received no later than the time stated in Block 8 of the Standard Form 1449:
Send documents via email, courier service, or US Postal Service to:
U.S. Army Corps of http://www.sam.gov/
Engineers Rivers Contracting Division
W912P522Q0013
Nashville Contracting Branch (CELRN-RC-N) Attn: Stephanie Richardson
110 Ninth Ave. South, Room A405 Nashville, TN 37203
If you have questions, please submit them in writing via email or to the contact below:
U.S. Army Corps of Engineers Rivers
Contracting Division Nashville Contracting Branch (CELRN-RC-
N) Attn: Stephanie Richardson Email: stephanie.a.richardson@usace.army.mil
Note: Questions regarding the solicitation must be submitted via email no later than 72 hours prior to the closing date indicated in Block 8 of the SF1449
7. BASIS FOR AWARD: The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, based on a Best Value evaluation. Experience, past performance, and price (for the Base Year and all Options) shall be used to evaluate quotes; with past performance slightly more important than experience, and price approximately equal to experience and past performance combined. See FAR provision 52.212-2
EVALUATION-COMMERCIAL ITEMS, found in the “Clauses” section of this solicitation for further details on the evaluation of quotes.
CEDAR CREEK DU - PWS
OLD HICKORY LAKE
PARK ATTENDANT SCHEDULE
FY 2022
OLD HICKORY LAKE, CEDAR CREEK DAY USE
1. GENERAL.
PROSPECTIVE PARK ATTENDANTS ARE URGED TO INSPECT THE RECREATION AREAS BEFORE
THEY SUBMIT AN OFFER IN ORDER TO BECOME FAMILIAR WITH THE SIZE AND SCOPE OF THE
DIFFERENT AREAS AND THEIR REQUIRED DUTIES. The Resource Manager or his representative will accompany the prospective attendants on this inspection. An appointment for an inspection tour should be arranged with the Resource Manager prior to arrival at the project. For an on-site inspection contact:
Old Hickory Lake Resource Manager
5 Power Plant Road Hendersonville, TN 37075 Phone: (615) 822-4846
Attn: Emily Johnson Emily.z.johnson@usace.army.mil
CEDAR CREEK DAY USE. 9264 Saundersville Road, Mt. Juliet, TN 37122. Cedar Creek Day Use is located in Wilson County approximately 4 miles from U.S. Hwy 70 off Nonaville Road, then right approximately 2 miles at the end of Saundersville Road in the City of Mt. Juliet, Tennessee near the confluence of Cedar Creek and the main channel. Heavily used throughout the year, this site is classified as a multi-purpose day use recreation area. Cedar Creek Day Use contains a one lane boat ramp with courtesy float, swimming beach, a comfort facility, group picnic shelter, 13 non-sheltered picnic sites, volleyball court, horseshoe pits, playground, and five parking lots with 117 car spaces and 21 trailer spaces.
mailto:stephanie.a.richardson@usace.army.mil mailto:Emily.z.johnson@usace.army.mil
2. PERIOD OF PERFORMANCE.
The Base year (CY 2022) will be 12 May 2022 through 6 September 2022 (73 work days). In Option year 1, the number of work days will be a minimum of 73 days, up to a maximum of 95 days during the Period of Performance. Twenty-one (21) days prior to the end of the current contract year, the contractor will be notified, in writing, of the Government’s intent to exercise the next contract year Option. The Period of Performance
(open/closing dates and associated number of work days) for the Option year will be defined in this notification. The Contract modification to exercise the Option year will be completed prior to the end of the current contract year.
IT IS SOLELY AT THE GOVERNMENT'S DISCRETION WHETHER OR NOT TO EXERCISE THE
"OPTION YEARS". THE CONTRACTOR SHOULD BE AWARE THAT THEY ARE OBLIGATED TO
THE FULL TERM OF THE CONTRACT WHICH INCLUDES THE BASE YEAR AND ANY OPTION
YEARS. CONTRACTORS SHALL NOT SUBMIT A PROPOSAL FOR THIS CONTRACT IF THEY
ARE NOT COMMITTED TO THE FULL TERM - IN THIS CASE 2 YEARS (BASE + 1 OPTION).
SCHEDULED HOURS OF OPERATION**
Standard Week Holiday Week (Memorial Day, Independence
Day, Juneteenth, and Labor Day) Sunday 10 AM-6 PM (8 HOURS) Sunday 10 AM-8 PM (10 HOURS) Monday OFF Monday 10 AM-8 PM (10 HOURS)
Tuesday OFF Tuesday OFF Wednesday OFF Wednesday OFF
Thursday 10 AM-6 PM (8 HOURS) Thursday 10 AM-6 PM (8 HOURS) Friday 10 AM-8 PM (10 HOURS) Friday 10 AM-6 PM (8 HOURS) Saturday 10 AM-8 PM (10 HOURS) Saturday 10 AM-8 PM (10 HOURS)
NOTE**
HOURS INDICATED REFLECT HOURS ENTRANCE STATION WILL BE OPEN. HOURS ARE
SUBJECT TO CHANGE, DEPENDING ON WORK LOAD.
3. ADDITIONAL REQUIREMENTS.
Park attendants are required to provide and use a golf cart as part of their area patrol duties (can be privately owned or rented). Information pertaining to golf cart rentals can be provided upon request.
Prospective park attendants must consist of a two (2) person team, at least 21 years of age, with no minor children, who are both physically and mentally capable of performing the duties specified here and in the enclosed additional scopes of work, for the duration of the contract. Work to be performed under this contract may not be subcontracted.
OHR CEDAR CREEK DU PRICE SCHED
OHB DU A - PWS
Old Hickory Lake - Cedar Creek Day Use
BASE YEAR -
Est. Unit
Item # Quant. Unit Price Total
0001 Park Attendant Services - Cedar Creek Day Use
73 Day $ -
(Base year quantity includes orientation day, if needed)
Subtotal $ -
Option Year 1 - 2023
Item # Quant. Unit Price Total
1001 Park Attendant Services - Cedar Creek Day Use
95 Day $ -
Totals by Contract Year - Cedar Creek Day Use
Base Year (2022) $ -
Option Year #1 (2023) $ -
Grand Total (Base + 1 option year) $ -
PARK ATTENDANT SCHEDULE
OLD HICKORY LAKE, OLD HICKORY BEACH
THEY SUBMIT AN OFFER IN ORDER TO BECOME FAMILIAR WITH THE SIZE AND SCOPE OF THE
DIFFERENT AREAS AND THEIR REQUIRED DUTIES. The Resource Manager or his representative will accompany the prospective attendants on this inspection. An appointment for an inspection tour should be arranged
Hendersonville, TN 37075 Phone: (615) 822-4846
OLD HICKORY BEACH. 876 Burnett Road, Old Hickory, TN 37138. Old Hickory Beach is located in Davidson County approximately 2 miles off Old Hickory Boulevard in the municipality of Old Hickory, Tennessee. Heavily used throughout the year, this site is classified as a multi-purpose day use recreation area. The area contains 22 picnic sites, each with table and grill, a restroom, beach, playground, picnic shelter, boat ramp, and nature trail.
The Base year (CY 2022) will be 12 May 2022 through 6 September 2022 (73 work days). In Option year 1, the
Performance. Twenty-one (21) days prior to the end of the current contract year, the contractor will be notified, in writing, of the Government’s intent to exercise the next contract year Option. The Period of Performance
(open/closing dates and associated number of work days) for the Option year will be defined in this notification. The Contract modification to exercise the Option year will be completed prior to the end of the current contract year.
THE FULL TERM OF THE CONTRACT WHICH INCLUDES THE BASE YEAR AND ANY OPTION
YEARS. CONTRACTORS SHALL NOT SUBMIT A PROPOSAL FOR THIS CONTRACT IF THEY
Sunday 10 AM-6 PM (8 HOURS) Sunday 10 AM-8 PM (10 HOURS) Monday OFF Monday 10 AM-8 PM (10 HOURS)
Tuesday OFF Tuesday OFF Wednesday OFF Wednesday OFF
Thursday 10 AM-6 PM (8 HOURS) Thursday 10 AM-6 PM (8 HOURS)
SUBJECT TO CHANGE, DEPENDING ON WORK LOAD. ADDITIONAL HOURS MAY BE REQUIRED
TO OPEN AND CLOSE PARK GATES DAILY.
Park attendants are required to provide and use a golf cart as part of their area patrol duties (can be privately owned
Prospective park attendants must consist of a two (2) person team, at least 21 years of age, with no minor children, who are both physically and mentally capable of performing the duties specified here and in the enclosed additional scopes of work, for the duration of the contract. Work to be performed under this contract may not be subcontracted.
OHR OHB DU A PRICE SCHEDULE
Old Hickory Lake - Old Hickory Beach "A"
BASE
YEAR -
0001 Park Attendant Services - Old Hickory Beach "A" 73 Day
1001 Park Attendant Services - Old Hickory Beach "A" 95 Day $ -
Totals by Contract Year -Old Hickory Beach "A"
LAGUARDO PWS
PARK ATTENDANT SCHEDULE
OLD HICKORY LAKE, LAGUARDO RECREATION AREA
THEY SUBMIT AN OFFER IN ORDER TO BECOME FAMILIAR WITH THE SIZE AND SCOPE OF THE
DIFFERENT AREAS AND THEIR REQUIRED DUTIES. The Resource Manager or his representative will accompany the prospective attendants on this inspection. An appointment for an inspection tour should be arranged
Hendersonville, TN 37075
Phone: (615) 822-4846
LAGUARDO RECREATION AREA. 7680 Highway 109 N, Lebanon, TN 37087. Laguardo Recreation Area is located in Sumner County Area off HWY 109 N approximately 5 miles from Gallatin. It contains 26 picnic sites, each with table and grill, a restroom, picnic shelter, beach, two playgrounds, boat ramp, courtesy dock, and a handicapped accessible swim area. Moderately used throughout the year, this site is classified as a multi-purpose day use recreation area.
The Base year (CY 2022) will be 12 May 2022 through 6 September 2022 (73 work days). In Option year 1, the
Performance. Twenty-one (21) days prior to the end of the current contract year, the contractor will be notified, in writing, of the Government’s intent to exercise the next contract year Option. The Period of Performance
(open/closing dates and associated number of work days) for the Option year will be defined in this notification. The Contract modification to exercise the Option year will be completed prior to the end of the current contract year.
THE FULL TERM OF THE CONTRACT WHICH INCLUDES THE BASE YEAR AND ANY OPTION
YEARS. CONTRACTORS SHALL NOT SUBMIT A PROPOSAL FOR THIS CONTRACT IF THEY
Sunday 10 AM-6 PM (8 HOURS) Sunday 10 AM-8 PM (10 HOURS) Monday OFF Monday 10 AM-8 PM (10 HOURS)
Tuesday OFF Tuesday OFF Wednesday OFF Wednesday OFF
Thursday 10 AM-6 PM (8 HOURS) Thursday 10 AM-6 PM (8 HOURS)
SUBJECT TO CHANGE, DEPENDING ON WORK LOAD. ADDITIONAL HOURS MAY BE REQUIRED
TO OPEN AND CLOSE PARK GATES DAILY.
Park attendants are required to provide and use a golf cart as part of their area patrol duties (can be privately owned
Prospective park attendants must consist of a two (2) person team, at least 21 years of age, with no minor children, who are both physically and mentally capable of performing the duties specified here and in the enclosed additional scopes of work, for the duration of the contract. Work to be performed under this contract may not be subcontracted.
OHR LAGUARDO PRICE SCHEDULE
Old Hickory Lake - Laguardo Day Use
BASE YEAR -
0001 Park Attendant Services - Laguardo Day Use
73 Day $ - $ -
Item # Quant. Unit Price Total
1001 Park Attendant Services - Laguardo Day Use
95 Day $ - $ -
Totals by Contract Year - Laguardo Day Use
ATTACHMENT A
ATTACHMENT A
EXPERIENCE DATA FOR PARK ATTENDANT CONTRACT
(Complete all applicable information, attach additional sheets if needed, with photo of camping equipment and return with bid package) Campground/Day Use Area applying for:______________________________________
Rank Preference for this campground: 1 2 3 4 5 (If you are applying for more than one campground)
NAME 1: ________________________________________
NAME 2: ________________________________________
ADDRESS: ________________________________________
PHONE: __________________________________
Email address:______________________________________
PRESENT OCCUPATIONS: _____________________________________
COMPANY EMPLOYED BY: _____________________________________
BRAND, LENGTH, MODEL & YEAR OF CAMPER OR MOTORHOME:
THIS DATA SHEET SHOULD BE RETURNED WITH EXPERIENCE DATA ATTACHED TO
SUBSTANTIATE THE FOLLOWING:
a. Knowledge / experience in campground or day use operation.
List the names and addresses of campgrounds or day use areas which you have worked.
b. Ability to deal courteously and tactfully with the public.
c. Ability to effectively communicate orally.
d. Ability to keep records.
e. Knowledge / Experience with Computers:
f. Three references from individuals knowledgeable of your work experience (relatives excluded). Please include addresses, telephone numbers, and email addresses of references.
(1) Name: ______________________________________________ Address: ____________________________________________
Phone: _____________________________________________ Email: ______________________________________________
(2) Name: ______________________________________________
(3) Name: ______________________________________________
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 73 Days
FY22 PARK ATTENDANT CEDAR CREEK DU
FFP
FY22 PARK ATTENDANT CEDAR CREEK DU
FOB: Destination
MILSTRIP: W38XDD12990053
PURCHASE REQUEST NUMBER: W38XDD12990053
NET AMT
0002 73 Days
FY22 PARK ATTENDANT OHB DU
FFP
FY22 PARK ATTENDANT OHB DU
FOB: Destination
0003 73 Days
FY22 PARK ATTENDANT LAGUARDO DU
FFP
FY22 PARK ATTENDANT LAGUARDO DU
FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government
0003 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAR-2022 TO
28-FEB-2023
N/A NASH. AREA OFC,OLD HICKORY LA
CRYSTAL TINGLE
OLD HICKORY LAKE #5 POWER PLANT
ROAD
HENDERSONVILLE TN 37075-3467
615-822-4846 FOB: Destination
W912P5
0002 POP 01-MAR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-MAR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
DEC 2021
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
DEC 2021
52.223-10 Waste Reduction Program MAY 2011 52.228-14 Irrevocable Letter of Credit NOV 2014
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2021
52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-15 Stop-Work Order AUG 1989 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021
252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --https://www.sam.gov/
“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Po wers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror
Representations and Certifications--Commercial Products and Commercial Services , have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that --
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and http://www.sam.gov/
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR
Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line item No. Country of origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.
(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product,"
"Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian
End Products) or Israeli End Products:
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--
Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products:
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line item No.
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line item No. Country of origin
(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American --Free Trade Agreements--Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements".
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting
Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689) . (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when…
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