N00167-20-Q-0232 00002.pdf

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The NSWCCD intends to solicit for SEACON brand components. Award based on lowest price, technically acceptable. Item descriptions are included on the solicitation document as applicable (document N00167-20-Q-0232). This announcement constitutes the only solicitation and a written solicitation will not be issued.

Quotes are being requested under RFQ N00167-20-Q-0232. The NSWCCD intends to award a firm fixed price purchase order using Simplified Acquisition Procedures. The NAICS code is

334417 and the business size is 1000 employees.

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular FAC 2005-92 and the Defense Federal Acquisition

Regulation Supplement (DFARS) DPN 20161104 SEE ATTACHED FILE FOR CLAUSES

AND PROVISIONS.

Evaluation Factors (in order of importance)

1. Technical – Offerors must quote products that reflect the desired specifications outlined in the

RFQ.

2. Price – Offerors must include all applicable costs.

Questions/clarification regarding this solicitation must be submitted via email to michael.bonaiuto@navy.mil and gary.whitney@navy.mil no later than September 3, 2020 at

11:59AM. All questions will be answered in an amendment to the solicitation.

Quote packages are due by September 8, 2020 by 11:59AM and must be submitted via email to michael.bonaiuto@navy.mil and gary.whitney@navy.mil. Late quotes will not be considered.

Quote packages should contain a cover sheet that provides the following information:

a) Official Company Name;

b) Point of Contact including name and phone number;

c) Cage code/DUNS number.

mailto:michael.bonaiuto@navy.mil mailto:gary.whitney@navy.mil mailto:michael.bonaiuto@navy.mil mailto:gary.whitney@navy.mil

N0016720Q0232

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 6 Each

COAX, PLUG, ASSEMBLY

FFP

Part CX50P-S-6-2-0048, delivered to Bethesda, MD.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300868002

PSC CD: 5985

NET AMT

0002 6 Each

COAX, RECEP, ASSEMBLY

FFP

Part CX50R-S-6-2-0024., delivered to Bethesda, MD.

FOB: Destination

PSC CD: 5935

0003 4 Each

COAX PLUG KIT, NO CABLE, NO P2

FFP

Part CX50P/N-0-0, delivered to Bethesda, MD.

FOB: Destination

0004 4 Each

COAX RECEPTACLE KIT

FFP

Part CX50R-0-0, delivered to Bethesda, MD.

FOB: Destination

0005 4 Each

DUMMY SEALING PLUG FOR CX50R

FFP

Part CX50-DSP, delivered to Bethesda, MD.

FOB: Destination

0006 4 Each

DUMMY SEALING RECP., CX50P

FFP

Part CX50-DSR, delivered to Bethesda, MD.

FOB: Destination

0007 4 Each

HUML18BCR

FFP

Part HUL-S042, delivered to Bethesda, MD.

FOB: Destination

0008 4 Each

HUML18(6#22,12#28)CCP

FFP

Part HUL-S021, delivered to Bethesda, MD.

FOB: Destination

0009 3 Each

MIND4#22CCP

FFP

Part MIND4CCP, delivered to Bethesda, MD.

FOB: Destination

0010 3 Each

MIND4#22FCR

FFP

Part MIND4FCR, delivered to Bethesda, MD.

FOB: Destination

0011 4 Each

MIND8#28CCP

FFP

Part MIND8CCP, delivered to Bethesda, MD.

FOB: Destination

0012 2 Each

97-2-400/B,DUMMY ASSEMBLY

FFP

Part MINDDSP, 97-2-400/B,DUMMY ASSEMBLY,MIND DSP,316LSST PER

MSBA-003, delivered to Bethesda, MD.

FOB: Destination

0013 11 Each

MINE19#28CCP

FFP

Part MINE19CCP, delivered to Bethesda, MD.

FOB: Destination

PSC CD: 6150

0014 22 Each

97-2-500/A,DUMMY ASSEMBLY,MINE DSP,316SS

FFP

Part MINEDSP, 97-2-500/A,DUMMY ASSEMBLY,MINE DSP,316SST PER

MSBA-002, delivered to Bethesda, MD.

FOB: Destination

0015 4 Each

MING10#22CCP, CABLE CONNECTOR PLUG

FFP

Part MING10CCP, delivered to Bethesda, MD.

FOB: Destination

0016 4 Each

MINFCR,G,10,#22 MING10FCR

FFP

Part MING10FCR, delivered to Bethesda, MD.

FOB: Destination

0017 8 Each

MINCCP,G,4,#22

FFP

Part MING4CCP, delivered to Bethesda, MD.

FOB: Destination

0018 8 Each

MINFCR,G,4,#22

FFP

Part MING4FCR, delivered to Bethesda, MD.

FOB: Destination

0019 8 Each

MING5#22CCP

FFP

Part MING5CCP, delivered to Bethesda, MD.

FOB: Destination

0020 8 Each

MINFCR,G 5#22 KIT

FFP

Part MING5FCR, delivered to Bethesda, MD.

FOB: Destination

0021 10 Each

80-2-105/F,DUMMY ASSEMBLY,MING DSP,316SS

FFP

Part MINGDSP, 80-2-105/F,DUMMY ASSEMBLY,MING DSP,316SST PER

MSBA-002, delivered to Bethesda, MD.

FOB: Destination

0022 3 Each

MINK10(2#14/8#20)CCPL

FFP

Part MINK10CCPL, delivered to Bethesda, MD.

FOB: Destination

0023 5 Each

MINCCP,K,10,#20

FFP

Part MINK10CCP, delivered to Bethesda, MD.

FOB: Destination

0024 5 Each

ND,MINFCR,K,10,#20

FFP

Part MINK10FCR, delivered to Bethesda, MD.

FOB: Destination

0025 3 Each

MINFCRL,K,10,2#14,8#20

FFP

Part MINK10FCRL, delivered to Bethesda, MD.

FOB: Destination

0026 3 Each

MINCCP,K,12,#22

FFP

Part MINK12CCP, delivered to Bethesda, MD.

FOB: Destination

0027 3 Each

ND,MINFCR,K,12,#22 MINK12FCR

FFP

Part MINK12FCR, delivered to Bethesda, MD.

FOB: Destination

0028 7 Each

ND,MINCCP,K,16,6#20,10#22 KITTED, NO DWG

FFP

Part MINK16CCP, delivered to Bethesda, MD.

FOB: Destination

0029 7 Each

ND,MINFCR,K,16,6#20,10#22

FFP

Part MINK16FCR, delivered to Bethesda, MD.

FOB: Destination

0030 3 Each

MINK19#22CCP

FFP

Part MINK19CCP, delivered to Bethesda, MD.

FOB: Destination

0031 3 Each

ND,MINFCR,K,19,#22

FFP

Part MINK19FCR, delivered to Bethesda, MD.

FOB: Destination

0032 15 Each

80-2-205/F,DUMMY ASSEMBLY,MINK DSP,316LS

FFP

Part MINKDSP, 80-2-205/F,DUMMY ASSEMBLY,MINK DSP,316LSST PER

MSBA-003, delivered to Bethesda, MD.

FOB: Destination

0033 5 Each

80-2-207/B,DUMMY ASSEMBLY,MINK DSPL,316S

FFP

Part MINKDSPL, 80-2-207/B,DUMMY ASSEMBLY,MINK DSPL,316SST PER

MSBA-002, delivered to Bethesda, MD.

FOB: Destination

0034 5 Each

80-2-206/G,DUMMY,MINK,DSR,316L SST PER M

FFP

Part MINKDSR, 80-2-206/G,DUMMY,MINK,DSR,316L SST PER MSBA-003, delivered to Bethesda, MD.

FOB: Destination

0035 3 Each

MINCCP,L,20,6#20,14#22

FFP

Part MINL20CCP, delivered to Bethesda, MD.

FOB: Destination

0036 3 Each

MINFCR,L,20,6#20,14#22

FFP

Part MINL20FCR, delivered to Bethesda, MD.

FOB: Destination

0037 8 Each

MINCCP,L,24,#22

FFP

Part MINL24CCP, delivered to Bethesda, MD.

FOB: Destination

0038 8 Each

ASSY,MINL,FCR,24,#22,

FFP

Part MINL24FCR, delivered to Bethesda, MD.

FOB: Destination

0039 13 Each

80-2-305/G,DUMMY ASSEMBLY,MINL DSP,316LS

FFP

Part MINLDSP, 80-2-305/G,DUMMY ASSEMBLY,MINL DSP,316LSST PER

MSBA-003, delivered to Bethesda, MD.

FOB: Destination

0040 4 Each

MINM18(6#16,12#20)CCPL

FFP

Part MINM18CCPL, delivered to Bethesda, MD.

FOB: Destination

0041 4 Each

MINFCRL,M,18,6#16,12#20

FFP

Part MINM18FCRL, delivered to Bethesda, MD.

FOB: Destination

0042 25 Each

80-2-405/G,DUMMY ASSEMBLY,MINM DSP,316SS

FFP

Part MINMDSP, 80-2-405/G,DUMMY ASSEMBLY,MINM DSP,316SST PER

MSBA-002, delivered to Bethesda, MD.

FOB: Destination

0043 2 Each

80-2-407/B,DUMMY ASSEMBLY,MINM DSPL,316S

FFP

Part MINMDSPL, 80-2-407/B,DUMMY ASSEMBLY,MINM DSPL,316SST PER

MSBA-002, delivered to Bethesda, MD.

FOB: Destination

PSC CD: 5995

0044 4 Each

MINO16#22CCP

FFP

Part MINO16CCP, delivered to Bethesda, MD.

FOB: Destination

0045 4 Each

ND,MINFCR,O,16,#22

FFP

Part MINO16FCR, delivered to Bethesda, MD.

FOB: Destination

0046 4 Each

80-2-505/K,DUMMY ASSEMBLY,MINO DSP,316LS

FFP

Part MINODSP, 80-2-505/K,DUMMY ASSEMBLY,MINO DSP,316LSST PER

MSBA-003, delivered to Bethesda, MD.

FOB: Destination

0047 4 Each

80-2-605/F,DUMMY ASSEMBLY,MINP DSP,316SS

FFP

Part MINPDSP, 80-2-605/F,DUMMY ASSEMBLY,MINP DSP,316SST PER

MSBA-002, delivered to Bethesda, MD.

FOB: Destination

0048 3 Each

77-2-605/F,DUMMY ASSEMBLY,MSSP DSP,316LS

FFP

Part MSSPDSP, 77-2-605/F,DUMMY ASSEMBLY,MSSP DSP,316LSST PER

MSBA-003, delivered to Bethesda, MD.

FOB: Destination

0049 3 Each

MSSP3#8CCP

FFP

Part MSSP3CCP, delivered to Bethesda, MD.

FOB: Destination

0050 3 Each

MSSFCR,P,3,#8

FFP

Part MSSP3FCR, delivered to Bethesda, MD.

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

0051 26 Each

VMINE19#28CCP

FFP

Part VMINE19CCP, delivered to Bethesda, MD.

FOB: Destination

0052 4 Each

MIND8#28FCR

FFP

Part MIND8FCR, delivered to Bethesda, MD.

FOB: Destination

0053 11 Each

MINE19#28FCR

FFP

Part MINE19FCR, delivered to Bethesda, MD.

FOB: Destination

0054 26 Each

VMINE19#28FCR

FFP

Part VMINE19FCR, delivered to Bethesda, MD.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0002 N/A N/A N/A Government

0003 N/A N/A N/A Government

0004 N/A N/A N/A Government

0005 N/A N/A N/A Government

0006 N/A N/A N/A Government

0007 N/A N/A N/A Government

0008 N/A N/A N/A Government

0009 N/A N/A N/A Government

0010 N/A N/A N/A Government

0011 N/A N/A N/A Government

0012 N/A N/A N/A Government

0013 N/A N/A N/A Government

0014 N/A N/A N/A Government

0015 N/A N/A N/A Government

0016 N/A N/A N/A Government

0017 N/A N/A N/A Government

0018 N/A N/A N/A Government

0019 N/A N/A N/A Government

0020 N/A N/A N/A Government

0021 N/A N/A N/A Government

0022 N/A N/A N/A Government

0023 N/A N/A N/A Government

0024 N/A N/A N/A Government

0025 N/A N/A N/A Government

0026 N/A N/A N/A Government

0027 N/A N/A N/A Government

0028 N/A N/A N/A Government

0029 N/A N/A N/A Government

0030 N/A N/A N/A Government

0031 N/A N/A N/A Government

0032 N/A N/A N/A Government

0033 N/A N/A N/A Government

0034 N/A N/A N/A Government

0035 N/A N/A N/A Government

0036 N/A N/A N/A Government

0037 N/A N/A N/A Government

0038 N/A N/A N/A Government

0039 N/A N/A N/A Government

0040 N/A N/A N/A Government

0041 N/A N/A N/A Government

0042 N/A N/A N/A Government

0043 N/A N/A N/A Government

0044 N/A N/A N/A Government

0045 N/A N/A N/A Government

0046 N/A N/A N/A Government

0047 N/A N/A N/A Government

0048 N/A N/A N/A Government

0049 N/A N/A N/A Government

0050 N/A N/A N/A Government

0051 N/A N/A N/A Government

0052 N/A N/A N/A Government

0053 N/A N/A N/A Government

0054 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 20 wks. ADC 6 N/A

FOB: Destination

0002 20 wks. ADC 6 N/A

0003 20 wks. ADC 4 N/A

0004 20 wks. ADC 4 N/A

0005 20 wks. ADC 4 N/A

0006 20 wks. ADC 4 N/A

0007 20 wks. ADC 4 N/A

0008 20 wks. ADC 4 N/A

0009 20 wks. ADC 3 N/A

0010 20 wks. ADC 3 N/A

0011 20 wks. ADC 4 N/A

0012 20 wks. ADC 2 N/A

0013 20 wks. ADC 11 N/A

0014 20 wks. ADC 22 N/A

0015 20 wks. ADC 4 N/A

0016 20 wks. ADC 4 N/A

0017 20 wks. ADC 8 N/A

0018 20 wks. ADC 8 N/A

0019 20 wks. ADC 8 N/A

0020 20 wks. ADC 8 N/A

0021 20 wks. ADC 10 N/A

0022 20 wks. ADC 3 N/A

0023 20 wks. ADC 5 N/A

0024 20 wks. ADC 5 N/A

0025 20 wks. ADC 3 N/A

0026 20 wks. ADC 3 N/A

0027 20 wks. ADC 3 N/A

0028 20 wks. ADC 7 N/A

0029 20 wks. ADC 7 N/A

0030 20 wks. ADC 3 N/A

0031 20 wks. ADC 3 N/A

0032 20 wks. ADC 15 N/A

0033 20 wks. ADC 5 N/A

0034 20 wks. ADC 5 N/A

0035 20 wks. ADC 3 N/A

0036 20 wks. ADC 3 N/A

0037 20 wks. ADC 8 N/A

0038 20 wks. ADC 8 N/A

0039 20 wks. ADC 13 N/A

0040 20 wks. ADC 4 N/A

0041 20 wks. ADC 4 N/A

0042 20 wks. ADC 25 N/A

0043 20 wks. ADC 2 N/A

0044 20 wks. ADC 4 N/A

0045 20 wks. ADC 4 N/A

0046 20 wks. ADC 4 N/A

0047 20 wks. ADC 4 N/A

0048 20 wks. ADC 3 N/A

0049 20 wks. ADC 3 N/A

0050 20 wks. ADC 3 N/A

0051 20 wks. ADC 26 N/A

0052 20 wks. ADC 4 N/A

0053 20 wks. ADC 11 N/A

0054 20 wks. ADC 26 N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL ITEMS

(a) Basis for Award

The Government has determined that an award to the responsible Quoter that submits the Lowest-Priced, Technically Acceptable (LPTA) quote in response to this solicitation will represent the best value to the

Government. Quotes will be evaluated to determine the LPTA quote based on the following factors:

Factor 1 Price

Factor 2 Technical Capability/Approach

A quote must be rated "ACCEPTABLE" for each non-price factor to be eligible for award. An "UNACCEPTABLE" rating for any non-price factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall. Each of the evaluation factors will be rated as set forth below. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability.

The Government will evaluate the lowest priced quote for technical acceptability. If it is not acceptable, the

Government will evaluate the next lowest quote for technical acceptability, and so forth, to determine the lowest-priced, technically acceptable quote, at which point all evaluations will stop.

The Government reserves the right to request that the awardee reduce its total price, or adjust CLIN prices with no change to total price, in order to reduce administrative costs and avoid unnecessary burdens for the agency pursuant to FAR 13.002.

(b) Evaluation Factors

Factor 1: Price

Quotes must include a proposed price for each Contract Line Item Number (CLIN). The Government will determine prices by adding the total proposed price for all CLINS, including all options. Quotes will be ranked from lowest- to highest-priced.

Factor 2: Technical Capability

The Government will evaluate the lowest priced Quoter for acceptability of Technical Capability. If the quote is not found to be acceptable, the Government will evaluate the next lowest quote for acceptability of technical capability, and so forth, to determine the lowest-priced quote that is acceptable for Technical Capability, at which point evaluators will evaluate of the acceptability of that quoter’s Past Performance.

Technical Capability evaluations will result in one of the following ratings:

TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical

Capability factor:

1) (Insert minimum requirements needed to be technical acceptable)

PRICE

Quoters responding to this solicitation are advised that, prior to award, the government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Michael Bonaiuto by email at michael.bonaiuto@navy.mil and Gary Whitney by email at gary.whitney@navy.mil. The cut-off date for questions is Noon on 08/11/2020.

(c) Contract Award

The Government shall email a written notice of award to the successful quoter. Once an authorized representative of the successful quoter has signed the award, a binding contract is formed; the signature represents that the Quoter accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Please notify the Government that the contract has been signed by returning the signed contract via mail or email within 5 days of receiving the award notice.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

https://www.sam.gov/

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

http://www.sam.gov/

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $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.