solicitation_M6700118Q1352.pdf

SEE ADDENDUM

(No Collect Calls)

M6700118Q1352 20-Aug-2018

b. TELEPHONE NUMBER

910-451-3017

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 05 Sep 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

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.

M67001

9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ZACHARY S. WILSON

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

SEE SCHEDULE

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

M67001

CONTRACTING DEPARTMENT

PO BOX 8368 (BLDG 1116)

CAMP LEJEUNE NC 28547-8368

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 MMP100 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MMP100

FRANK MATTSON

1101 BIRCH STREET BLDG 1101, DOOR 4

CAMP LEJEUNE NC 28547

TEL: 910-451-2738 FAX: 910-451-2724

910-451-2332FAX:

TEL:

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332410

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 OF76

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.

M6700118Q1352

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Each Integrated Control Board

FFP

"Brand-name only"

Manufacturer: Lochinvar

Part number: 100208477

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MILSTRIP: MMP10018SSM1166

PURCHASE REQUEST NUMBER: MMP10018SSM1166

NET AMT

0002 8 Each Ignitor Cable

FFP

"Brand-name only"

Manufacturer: Aerco

Part number: 95611593

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0003 18 Each Flame Detector Cable

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 95611085

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0004 10 Each Air Pressure Switch

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 95263767

0005 10 Each Air Pressure Switch

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 95263756

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0006 3 Each Gas Pressure Switch

FFP

"Brand-name only"

Part Number: 95262333

0007 8 Each Ignitor Cable

FFP

"Brand-name only"

Part Number: 95262216

0008 10 Each Modulex E8 Controller

FFP

"Brand-name only"

Part Number: 95262207

0009 8 Each Air Pressure Switch

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 95261215

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0010 20 Each Flame Detector

FFP

"Brand-name only"

Part Number: 95251274

0011 10 Each Flame Detector with Gasket

FFP

"Brand-name only"

Part Number: 95251246

0012 10 Each Ignitor with Gasket

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 95251245

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0013 30 Each Graphite Electrode Gasket

FFP

"Brand-name only"

Part Number: 95251210

0014 20 Each Ignitor

FFP

"Brand-name only"

Part Number: 95250624

0015 2 Each BCM Control Unit

FFP

"Brand-name only"

Part Number: 95110063

0016 6 Each BCM Control Unit

FFP

"Brand-name only"

Part Number: 95000962

0017 6 Each Electronic Board

FFP

"Brand-name only"

Part Number: 95000963

0018 6 Each Over-temp Auto Reset Switch

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 123966

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0019 6 Each Over-temp Manual Reset Switch

FFP

"Brand-name only"

Part Number: 123552

0020 6 Each Temperature Sensor

FFP

"Brand-name only"

Part Number: 123449

0021 6 Each Low Water Cut-off

FFP

"Brand-name only"

Part Number: 69126

0022 4 Each Pressue Relief Valve, 1 1/4, 75 PSI

FFP

"Brand-name only"

Manufacturer: Apollo

Part Number: 19KGFA75

MILSTRIP: MMP10018SSM1180

PURCHASE REQUEST NUMBER: MMP10018SSM1180

0023 5 Each Flame Detector Replacement Kit

FFP

"Brand-name only"

Part Number: 24356-1

0024 2 Each Flame Detector Replacement Kit

FFP

"Brand-name only"

Part Number: 65182

0025 4 Each Sample Cooler

FFP

"Brand-name only"

Manufacturer: Neptune

Part Number: SC-316

0026 10 Each Burner Plate Insulation, Door

FFP

"Brand-name only"

Manufacturer: Lochinvar Knight

Part Number: 100208059

0027 6 Each FBN 3000 Kit, Manifold Gasket

FFP

"Brand-name only"

Manufactuerer: Lochinvar Crest

Part Number: 100190886

0028 6 Each Limit Control Temp

FFP

"Brand-name only"

Part Number: 64088

0029 2 Each Gas Pressure Switch

FFP

"Brand-name only"

Part Number: 60032

0030 3 Each Blower Replacement Kit

FFP

"Brand-name only"

Part Number: 58038

0031 4 Each Ignitor Assembly

FFP

"Brand-name only"

Part Number: 29700

0032 2 Each Blower

FFP

"Brand-name only"

Part Number: 58039

0033 6 Each Blocked Inlet Switch

FFP

"Brand-name only"

Part Number: 61002-5

0034 4 Each High Gas Pressure Switch

FFP

"Brand-name only"

Part Number: 61002-12

0035 2 Each Low Pressure Switch

FFP

"Brand-name only"

Part Number: 61002-1

0036 3 Each Blower Proff Switch Assembly

FFP

"Brand-name only"

Part Number: 61002-11

0037 4 Each Low Gas Pressure Switch

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 61002-11

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0038 3 Each High Gas Pressure Switch

FFP

"Brand-name only"

Part Number: 61002-22

0039 5 Each C-More Controller

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 69186-4

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0040 2 Each Maxitrul regulator w/ spring

FFP

"Brand-name only"

Part Number: 24384

0041 5 Each Ignitor-Injector Replacement Kit

FFP

"Brand-name only"

Manufacturer: Aerco

Part Number: 58023

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0042 2 Each Gas Pressure Switch

FFP

"Brand-name only"

Part Number: 60020

0043 6 Each Outlet Temp Sensor

FFP

"Brand-name only"

Part Number: 61030

0044 6 Each FBN 3000 Gasket Set

FFP

"Brand-name only"

Manufacturer: Lochinvar Crest

Part Number: 61002-22

0045 10 Each Divider Plate Insulation

FFP

"Brand-name only"

Manufacturer: Lochinvar Knight

Part Number: 100208061

0046 10 Each User Interface Control

FFP

"Brand-name only"

Part Number: 100208458

MILSTRIP: MMP10018SSM1181

PURCHASE REQUEST NUMBER: MMP10018SSM1181

0047 5 Each Pressure Switch

FFP

"Brand-name only"

Part Number: 100208386

0048 10 Each Air Pressure Switch

FFP

"Brand-name only"

Part Number: 100208382

0049 6 Each Flame Sensor w/ Gasket

FFP

"Brand-name only"

Part Number: 100165930

0050 15 Each Ignitor w/ Gasket

FFP

"Brand-name only"

Part Number: 100165924

0051 15 Each Flame Sensor w/ Gasket

FFP

"Brand-name only"

Part Number: 100073343

0052 8 Each Pressure Switch

FFP

"Brand-name only"

Part Number: 100289706

0053 12 Each Outlet Sensor

FFP

"Brand-name only"

Part Number: 100208557

0054 15 Each Inlet Sensor

FFP

"Brand-name only"

Part Number: 100208549

0055 10 Each Integrated Control Board

FFP

"Brand-name only"

Part Number: 100167795

0056 8 Each Integrated Control Board

FFP

"Brand-name only"

Part Number: 100167807

0057 15 Each Bulbwell Thermostat

FFP

"Brand-name only"

Manufacturer: Lochinvar

Part Number: 100233695

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0058 10 Each High Limit Switch

FFP

"Brand-name only"

Part Number: 100271315

0059 12 Each Inlet Sensor

FFP

"Brand-name only"

Part Number: 100208552

0060 15 Each Flame Sensor w/ Gasket

FFP

"Brand-name only"

Part Number: 100165923

0061 15 Each Ignitor w/ Gasket

FFP

"Brand-name only"

Part Number: 100073342

0062 6 Each Ignitor w/ Gasket

FFP

"Brand-name only"

Part Number: 100165929

0063 10 Each Gauge, Temperature/Pressure

FFP

"Brand-name only"

Part Number: 100208153

0064 5 Each Pressure Switch

FFP

"Brand-name only"

Part Number: 100208386

0065 10 Each Gas Pressure Switch

FFP

"Brand-name only"

Part Number: 100208385

0066 15 Each Outlet Sensor

FFP

"Brand-name only"

Part Number: 100208544

0067 3 Each Integrated Control Board

FFP

"Brand-name only"

Manufacturer: Lochinvar

Part Number: 100167805

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0068 3 Each Integrated Control Board

FFP

"Brand-name only"

Part Number: 100167794

0069 5 Each Integrated Control Board

FFP

"Brand-name only"

Part Number: 100208472

0070 8 Each Connection Board

FFP

"Brand-name only"

Part Number: 100208459

0071 3 Each Integrated Control Board

FFP

"Brand-name only"

Part Number: 100167824

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

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DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30 dys. ADC 4 MMP100

FRANK MATTSON

1101 BIRCH STREET BLDG 1101, DOOR 4

CAMP LEJEUNE NC 28547

910-451-2738

MMP100

0002 30 dys. ADC 8 (SAME AS PREVIOUS LOCATION)

0003 30 dys. ADC 18 (SAME AS PREVIOUS LOCATION)

0004 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0005 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0006 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0007 30 dys. ADC 8 (SAME AS PREVIOUS LOCATION)

0008 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0009 30 dys. ADC 8 (SAME AS PREVIOUS LOCATION)

0010 30 dys. ADC 20 (SAME AS PREVIOUS LOCATION)

0011 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0012 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0013 30 dys. ADC 30 (SAME AS PREVIOUS LOCATION)

0014 30 dys. ADC 20 (SAME AS PREVIOUS LOCATION)

0015 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0016 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0017 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0018 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0019 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0020 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0021 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0022 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0023 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0024 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0025 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0026 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0027 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0028 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0029 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0030 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0031 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0032 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0033 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0034 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0035 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0036 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0037 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0038 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0039 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0040 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0041 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0042 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0043 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0044 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0045 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0046 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0047 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0048 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0049 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0050 30 dys. ADC 15 (SAME AS PREVIOUS LOCATION)

0051 30 dys. ADC 15 (SAME AS PREVIOUS LOCATION)

0052 30 dys. ADC 8 (SAME AS PREVIOUS LOCATION)

0053 30 dys. ADC 12 (SAME AS PREVIOUS LOCATION)

0054 30 dys. ADC 15 (SAME AS PREVIOUS LOCATION)

0055 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0056 30 dys. ADC 8 (SAME AS PREVIOUS LOCATION)

0057 30 dys. ADC 15 (SAME AS PREVIOUS LOCATION)

0058 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0059 30 dys. ADC 12 (SAME AS PREVIOUS LOCATION)

0060 30 dys. ADC 15 (SAME AS PREVIOUS LOCATION)

0061 30 dys. ADC 15 (SAME AS PREVIOUS LOCATION)

0062 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0063 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0064 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0065 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0066 30 dys. ADC 15 (SAME AS PREVIOUS LOCATION)

0067 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0068 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0069 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0070 30 dys. ADC 8 (SAME AS PREVIOUS LOCATION)

0071 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

MAR 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7008 Sources of Electronic Parts MAY 2018

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (Tailored)

(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.

THIS IS A BRAND NAME ONLY PROCUREMENT.

The proposed acquisition is a 100% small business set-aside for NAICS code 332410, Power Boiler and Heat

Exchanger Manufacturing and the small business size standard is 750 employees.

The Government intends to award a single firm-fixed price contract to satisfy this requirement. The Government reserves the right to award without discussions, but reserves the right to engage in discussions if later determined to be in the best interest of the Government. This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items and FAR 13, Simplified Acquisition Procedures.

BASIS OF AWARD: Award will be made on the basis of Lowest Price Technically Acceptable (LPTA). LPTA will be evaluated based on (1) price; (2) technical capability of the item offered to meet the Government’s requirement; and (3) delivery.

TECHNICAL ACCEPTABILITY: A mere statement that the vendor “will meet the Government’s requirements” is insufficient; the vendor must demonstrate how it will meet the requirement. To ensure technical acceptability, vendor quotes shall include the following information:

a. Item Information: The manufacturer’s name and manufacturer’s complete part numbers of all items quoted shall be submitted in the quote. To be considered technically acceptable, the quoter must clearly indicate that the quoted parts exactly match the brand-names and part numbers listed in the solicitation.

b. Price: The price quote must reflect unit prices, extended amounts per line item, and overall total.

(Note: All prices must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government).

c. Delivery Information: Clearly state if the quoter can meet the required delivery as stated in each line item. Quoters who cannot meet the required delivery date will not be considered technically acceptable.

PREPARATION OF QUOTE: Quotes submitted shall include the following:

(a) Technical Quote to include quoted delivery date.

(b) Price Quote

(c) Completed FAR provision 52.212-3. The offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certification electronically via the System for Award

Management (SAM) website accessed through https://www.sam.gov. If the offeror has not completed the annual representations and certification electronically, the offeror shall complete only paragraphs (c) through (r) of this provision.

(d) Provide the following: CAGE Code and DUNS Number.

SUBMISSION OF QUOTES: Quotes related to this RFQ shall be received by the Contracting Department within the date and time specified in Block 8 on the first page of this solicitation, to be considered for award. The information submitted shall be clear and legible.

Quotes may be submitted via email (no larger than 2MB) to zachary.s.wilson1@usmc.mil; (PREFERRED

METHOD) or via hand delivery/courier to Contracting Department, Bldg. 1116, Birch Street, Camp Lejeune, NC

28542. It is solely the Contractor’s responsibility to ensure proposals are received within the required timeframe.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“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;

https://www.sam.gov/portal

(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.

“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 Powers 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” 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.

“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.

“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 its stock 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 the stock of which is owned by one or more women; and

(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 posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (u) 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 is to 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.

https://www.acquisition.gov/

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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

(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.

(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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, 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) 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 to the Equal

Opportunity clause of this solicitation; 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 parts

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) 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—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) 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, Panamanian, 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--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:

LINE ITEM NO. COUNTRY OF ORIGIN

[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—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—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. 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:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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:

Line Item No.: Country of Origin:

[List as necessary]

(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

Line Item No.: Country of Origin:

[List as necessary]

(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 $3,500 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. §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…