H92240-10-R-G051 MLTS ANCILLARY DEVICES.rtf

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ANCILLARY DEVICES TO SUPPORT THE MARITIME LASER TRAINING SYSTEM (MLTS)
Solicitation number
H92240-10-R-G051
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SF-1449 SOLICITATION #H92240-10-R-G051

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H92240-10-R-G051

Section SF 1449 - CONTINUATION SHEET

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

NEW EQUIPMENT TRAINING

FFP

PRODUCT CODES: TECHSUPNET

DESCRIPTION: NEW EQUIPMENT TRAINING

FOB: Destination

PURCHASE REQUEST NUMBER: N0007410RC33001

NET AMT

QUANTITY

UNIT

UNIT PRICE

AMOUNT

HAND GRENADE KIT

PRODUCT CODES: HG1

DESCRIPTION: HAND GRENADE KIT - INCLUDES 12 HG1 RE-USABLE HAND GRENADES, 36 POWDER PACK EXPENDABLES, FOUR (4) REPLACEMENT BATTERIES AND ONE (1) CUT OUT PELICAN CASE. THESE HAND GRENADES ARE NOT MILES COMPATIBLE.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

COMPLETE CO2 FILL STATION KIT

PRODUCT CODES: K01FS

DESCRIPTION: COMPLETE CO2 FILL STATION KIT - INCLUDES FS090PF, FS315FS, FS01OL, & R08OSC

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REFILL KIT FOR T48SBV

PRODUCT CODES: RKT48SBV

DESCRIPTION: 100 DETONATION EXPENDABLES REFILL KIT FOR T48SBV - INCLUDES FOUR (4) EST100M, FOUR (4) ESF016GC, & FOUR (4) E12G100.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REFILL KIT FOR T80PM

PRODUCT CODES: RKT80

DESCRIPTION: 100 DETONATION EXPENDABLES REFILLKIT FOR T80PM - INCLUDES ONE (1) EST100LM, ONE (1) ESF016GC, & ONE (1) E12G100

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REFILL KIT FOR T12TWC

PRODUCT CODES: RKT12

DESCRIPTION: 100 DETONATION EXPENDABLES REFILL KIT FOR T12TWC - INCLUDES ONE (1) EST100M, ONE (1) ESF016GC, & ONE (1) E12G100.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

MEDIUM IMPROVISED EXPLOSIVE DEVICE TRAIN

PRODUCT CODES: T120FT

DESCRIPTION: MEDIUM IMPROVISED EXPLOSIVE DEVICE TRAINER

QUANTITY

UNIT

UNIT PRICE

AMOUNT

50MM PIPE BOMB TRAINER

PRODUCT CODES: T50PB

DESCRIPTION: 50MM PIPE BOMB TRAINER

QUANTITY

UNIT

UNIT PRICE

AMOUNT

50MM SHOULDER FIRED LAUNCHER

PRODUCT CODES: TS0SFL

DESCRIPTION: 50MM SHOULDER FIRED LAUNCER TRAINER WITH 9 oz. CO2

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FOUR (4) GANG SUICIDE BOMBER VEST TRAINE

PRODUCT CODES: T485BV

DESCRIPTION: FOUR (4) - GANG SUICIDE BOMBER VEST TRAINER.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

PRESSURE SENSITIVE LANDMINE

PRODUCT CODES: T80PM

DESCRIPTION: PRESSURE SENSITIVE LANDMINE TRAINER WITH SAFETY LANYARD.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

TRIP-WIRE BOOBY TRAP

PRODUCT CODES: T12TWC

DESCRIPTION: TRIP-WIRE BOOBY TRAP TRAINER WITH PULL-PIN DETONATION

QUANTITY

UNIT

UNIT PRICE

AMOUNT

81MM MORTAR LAUNCHER TRAINER

PRODUCT CODES: T81MSD

DESCRIPTION: 81MM MORTAR LAUNCHER TRAINER WITH 20 oz. CO2 CHARGING.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FLASH EFFECTS SIMULATOR

PRODUCT CODES: T250FES

DESCRIPTION: FLASH EFFECTS SIMULATOR

QUANTITY

UNIT

UNIT PRICE

AMOUNT

68-CALIBER A-5EFX AK SIMULATOR

PRODUCT CODES: T8A5AK

DESCRIPTION: 68-CALIBER A-EFX AK SIMULATOR WITH 3.5 oz. CO2 CHARGING.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

SHORT RANGE 1-CHANNEL

PRODUCT CODES: RT005SAK

DESCRIPTION: SHORT-RANGE 1-CHANNEL WIRELESS TRANSMITTER/RECEIVER WITH 24v RECHARGEABLE BATTERY AND PROTECTIVE CASE

QUANTITY

UNIT

UNIT PRICE

AMOUNT

LONG RANGE 4-CHANNEL

PRODUCT CODES: KRT01K4

DESCRIPTION: LONG RANGE 4-CHANNEL WIRELESS TRANSMITTER/RECEIVER WITH 24v RECHARGEABLE BATTERY AND PROTECTIVE CASE.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

RT01K4 DEPROGRAMMING DEVICE

PRODUCT CODES: RT0300J

DESCRIPTION: RT01K4 DEPROGRAMMING DEVICE.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

50MM PAINT ROUND

PRODUCT CODES: E50MR

DESCRIPTION: 50MM PAINT ROUND USED IN THE T50SFL, 100 PACK

QUANTITY

UNIT

UNIT PRICE

AMOUNT

12 GRAM CO2 CARTRIDGE-100 PACK

PRODUCT CODES: E12G100

DESCRIPTION: 12 GRAM CO2 CARTRIDGE - 100 PACK

QUANTITY

UNIT

UNIT PRICE

AMOUNT

68 CALIBER CLEAR PAINT BALLS

PRODUCT CODES: E68PBC

DESCRIPTION: 68 CALIBER CLEAR PAINT BALLS (2,000/CASE)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

68 CALIBER ORANGE PAINT BALLS

PRODUCT CODES: E68PBO

DESCRIPTION: 68 CALIBER ORANGE PAINT BALLS (2,000/CASE)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

68 CALIBER BLUE PAINT BALLS

PRODUCT CODES: E68PBB

DESCRIPTION: 68 CALIBER BLUE PAINT BALLS (2,000/CASE)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

EXPLOSION BOTTLE W/GREY SMOKE

PRODUCT CODES: ESFB032GC

DESCRIPTION: EXPLOSION BOTLE W/GREY SMOKE SIMULATION POWDER (20/CASE).

QUANTITY

UNIT

UNIT PRICE

AMOUNT

CO2 PUMP WITH FILL STATION

PRODUCT CODES: FS059P

DESCRIPTION: CO2 PUMP WITH FILL STATION

QUANTITY

UNIT

UNIT PRICE

AMOUNT

320 oz. BULK C02 CHARGING TANK

PRODUCT CODES: FS320CT

DESCRIPTION: 320 oz. BULK CO2 CHARGING TANK WITH FILL APPARATUS

QUANTITY

UNIT

UNIT PRICE

AMOUNT

BOTTLE ADAPTOR

PRODUCT CODES: FSUFADP

DESCRIPTION: BOTTLE ADAPTOR

QUANTITY

UNIT

UNIT PRICE

AMOUNT

20' 16 GAUGE 2 CONDUCTOR WIRE

PRODUCT CODES: A202CW

DESCRIPTION: 20' 16 GAUGE 2 CONDUCTOR WIRE

QUANTITY

UNIT

UNIT PRICE

AMOUNT

T120FT BOTTLE BOMB ATTACHMENT

PRODUCT CODES: A120BB

DESCRIPTION: T120FT BOTTLE BOMB ATTACHMENT

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT PARTS T120FT

PRODUCT CODES: R10HPO

DESCRIPTION: REPLACEMENT RESERVOIR COVERS (8 SMALL / 2 LARGE)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

QUICK DISCONNECT (QD) DUST CAP

PRODUCT CODES: R41052DC

DESCRIPTION: QUICK DISCONNECT (QD) DUST CAP (2 PACK)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT PARTS T50PB

PRODUCT CODES: RT50RC

DESCRIPTION: REPLACEMENT T50PB RESERVOIR CAP

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT PARTS T12TWC/T48SBV

PRODUCT CODES: R12ETC

DESCRIPTION: EXPLOSION TUBE CAP ( 2 PACK)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

HITCH PIN CLIPS (4 PACK)

PRODUCT CODES: R12LP

DESCRIPTION: HITCH PIN CLIPS (4 PACK)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

CO2 CARTRIDGE CAP (2 PACK)

PRODUCT CODES: R12O2C

DESCRIPTION: CO2 CARTRIDGE CAP ( 2 PACK)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

STAKES (10 PACK)

PRODUCT CODES: R12STK

DESCRIPTION: STAKES (10 PACK)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

TRIP CORD (5 PACK)

PRODUCT CODES: R12RTW

DESCRIPTION: TRIP CORD (5 PACK)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT PULL CORD

PRODUCT CODES: R48PC

DESCRIPTION: REPLACEMENT PULL CORD

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT APRON

PRODUCT CODES: R48APR

DESCRIPTION: REPLACEMENT APRON

QUANTITY

UNIT

UNIT PRICE

AMOUNT

T250FES REPLACEMENT CHARGER

PRODUCT CODES: R01CHGR

DESCRIPTION: REPLACEMENT CHARGER

QUANTITY

UNIT

UNIT PRICE

AMOUNT

RT00SSR1 REPLACEMENT REMOTE CONTROL

PRODUCT CODES: RRT05RMT

DESCRIPTION: REPLACEMENT REMOTE CONTROL

QUANTITY

UNIT

UNIT PRICE

AMOUNT

RT00SSR1 REPLACEMENT "AA" BATTERY HOLDER

PRODUCT CODES: RRT05BH

DESCRIPTION: REPLACEMENT "AA" BATTERY HOLDER

QUANTITY

UNIT

UNIT PRICE

AMOUNT

RT01K4 TRANSMITTER ANTENNA

PRODUCT CODES: T01K4

DESCRIPTION: TRANSMITTER FOR RT01K4 WITH ANTENNA

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT ANTENNA FOR RECEIVER

PRODUCT CODES: R01ANTR

DESCRIPTION: REPLACEMENT ANTENNA FOR RECEIVER

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT ANTENNA FOR TRANSMITTER

PRODUCT CODES: R01ANTT

DESCRIPTION: REPLACEMENT ANTENNA FOR TRANSMITTER

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT RECEIVER LEARN BUTTON

PRODUCT CODES: RRLBNS

DESCRIPTION: REPLACEMENT RECEIVER LEARN BUTTON NYLON SCREW

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT TRANSMITTER BATTERY COVER

PRODUCT CODES: RTBCOPLT

DESCRIPTION: REPLACEMENT TRANSMITTER BATTERY COVER PLATE & SCREWS

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REPLACEMENT SLIDE CHECK ORINGS

PRODUCT CODES: R08OSC

DESCRIPTION: REPLACEMENT SLIDE CHECK O-RINGS (6 LARGE AND 2 SMALL)

QUANTITY

UNIT

UNIT PRICE

AMOUNT

2,500

50MM FOAM ROUND

PRODUCT CODES: E50FR

DESCRIPTION: 50MM FOAM ROUND USED IN THE T50SFL

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN

INSPECT AT

INSPECT BY

ACCEPT AT

ACCEPT BY

Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government

DELIVERY INFORMATION

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

UIC

30-SEP-2010

NAVAL SPECIAL WARFARE GROUP 1

RECEIVING SUPERVISOR

3632 GUADALCANAL ROAD

BLDG. 165 WEST END

SAN DIEGO CA 92155

(619) 437-3438

R57100

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

(SAME AS PREVIOUS LOCATION)

2,500

(SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities

APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper

AUG 2000

52.204-10 Reporting Exeuctive Compensation and First-Tier Subcontract Awards

JUL 2010

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

JUL 2009

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-17 Delivery of Excess Quantities

SEP 1989

52.212-1 Instructions to Offerors--Commercial Items

JUN 2008

52.212-4 Contract Terms and Conditions--Commercial Items

JUN 2010

52.219-8 (DEV)

Utilization of Small Business Concerns (DEVIATION)

MAY 2004

52.219-25 (DEV)

Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEVIATION)

APR 2008

52.222-3 Convict Labor

JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies

JUL 2010

52.222-21 Prohibition Of Segregated Facilities

FEB 1999

52.222-26 Equal Opportunity

MAR 2007

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities

JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons

FEB 2009

52.222-54 Employment Eligibility Verification

JAN 2009

52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 200&0 Alternate I

DEC 2007

52.225-13 Restrictions on Certain Foreign Purchases

JUN 2008

52.225-18 Place of Manufacture

SEP 2006

52.227-1 Authorization and Consent

DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

DEC 2007

52.232-28 Invitation to Propose Performance-Based Payments

MAR 2000

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration

OCT 2003

52.233-3 Protest After Award

AUG 1996

52.242-13 Bankruptcy

JUL 1995

52.242-15 Stop-Work Order

AUG 1989

52.247-34 F.O.B. Destination

NOV 1991

52.253-1 Computer Generated Forms

JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

JAN 2009

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

JAN 2009

252.204-7003 Control Of Government Personnel Work Product

APR 1992

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A

SEP 2007

252.205-7000 Provision Of Information To Cooperative Agreement Holders

DEC 1991

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.211-7003 Item Identification and Valuation

AUG 2008

252.211-7007 Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry

NOV 2008

252.225-7002 Qualifying Country Sources As Subcontractors

APR 2003

252.225-7012 Preference For Certain Domestic Commodities

JUN 2010

252.225-7013 Duty-Free Entry

DEC 2009

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings

MAR 2006

252.225-7021 Trade Agreements

NOV 2009

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.232-7010 Levies on Contract Payments

DEC 2006

252.233-7001 Choice of Law (Overseas)

JUN 1997

252.239-7001 Information Assurance Contractor Training and Certification

JAN 2008

252.243-7001 Pricing Of Contract Modifications

DEC 1991

252.243-7002 Requests for Equitable Adjustment

MAR 1998

252.246-7000 Material Inspection And Receiving Report

MAR 2008

252.247-7023 Transportation of Supplies by Sea

MAY 2002

252.247-7024 Notification Of Transportation Of Supplies By Sea

MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

(End of provision)

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS
PRICE
ITEMQUANTITYQUOTATIONTOTAL _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

i) Technical capability of the iem offered to meet the Government requirement.

ii) Price

iii) Past performance

(b) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this 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.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 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.

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.

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" 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.

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 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 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.

(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 posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database 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 Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) 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 on ORCA.]

(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, for general statistical purposes, 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.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) (The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(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 $100,000.) 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 Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--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 Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “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 Act-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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO.

COUNTRY OF ORIGIN

[List as necessary]

(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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—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 Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.:

Country of Origin:

(4) 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)(4)(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 Line Item No.:

Country of Origin:

(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 Act. 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; and

(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) [ballot] Have, [ballot] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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 full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection.

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