N00178-16-R-2055.pdf

SEE ADDENDUM

(No Collect Calls)

N00178-16-R-2055 19-Aug-2016

b. TELEPHONE NUMBER

540-643-9864

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 29 Aug 2016

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.

N001789. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MIRENDA F ROBERTSON

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

1 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

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 BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NSWCDD 3

ATTN: MIRENDA ROBERTSON/CODE 026

MIRENDA.ROBERTSON@NAVY.MIL

17632 DAHLGREN ROAD STE 157

DAHLGREN VA 22448-5110

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A7

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

540-653-7276FAX:

TEL: 540-653-9864 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334112

X

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

X EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF64

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.

N00178-16-R-2055

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each

FAS8040A-001-R6

FFP

NETAPP FAS8040 HIGH AVAILABILITY SYSTEM

Technical Point of Contact: Thomas Holmes, Code 1041, 540-653-3299 FOB: Destination

NET AMT

0002 2 Each

SW-2-8040A-PREMBNDL

FFP

NETAPP SW-2,PREMIUM BNDL,8040A,-C

0003 1 Each X6227-R6-C

FFP

NETAPP CHASSIS,FAS8040/60/80 W/CNTRL SLOTS,AC PS,-C

0004 20 Each X6553-R6-C

FFP

NETAPP CABLE,CNTLR-SHELF/SWITCH,2M,LC/LC,OP,-C

0005 4 Each X6559-R6-C

FFP

NETAPP CABLE,SAS CNTLR-SHELF/SHELF-SHELF/HA,5M,-C

0006 3 Each X6562-R6-C

FFP

NETAPP CABLE,ETHERNET,5M RJ45 CAT6,-C

0007 2 Each X6566B-05-R6-C

FFP

NETAPP CABLE,DIRECT ATTACH CU SFP+ 10G,0.5M,-C

0008 2 Each

X1132A-EN-R6-C

FFP

NETAPP ADPT 4-PORT FCP 8GB TARGET ADAPTER PCIE,EN,-C

0009 2 Each X2069-R6-C

FFP

NETAPP HBA,4-PORT SAS 3/6/12GBPS QSFP PCIE,-C

0010 4 Each X6599A-R6-C

FFP

NETAPP SFP+ OPTICAL 10GB SHORTWAVE,FAS80X0,-C

0011 1 Each X5515A-R6-C

FFP

NETAPP RACKMOUNT KIT,4N2,DS14-MIDDLE,-C,R6

0012 1 Each X5526A-R6-C

FFP

NETAPP RACKMOUNT KIT,4-POST,UNIVERSAL,-C,R6

0013 8 Each X6596-R6-C

FFP

NETAPP SFP+ FC OPTICAL 16GB,-C

0014 1 Each

DS2246-SL001-24M-0P-

FFP

NETAPP DSK SHLF,4X400GB,20X1.2TB,MIXED,0P,-C

0015 240 Each

OS-ONTAP-CAP2-0P-C

FFP

NETAPP OS ENABLE,PER-0.1TB,ONTAP,PERF-STOR,0P,-C

0016 16 Each

OS-ONTAP-CAP3-0P-C

FFP

NETAPP OS ENABLE,PER-0.1TB,ONTAP,ULTRA-STOR,0P,-C

0017 1 Each

DOC-80XX-C

FFP

NETAPP DOCUMENTS,80XX,-C

0018 4 Each X800E-R6-C

FFP

NETAPP POWER CABLE NORTH AMERICA,-C,R6

0019 1 Each

CS-SEC-NBDD-VA

FFP

NETAPP SE SECURE,NEXT BUS DAY PARTS DELIVERY,VA

0020 1 Each

CS-NRD2-Y

FFP

NETAPP NON RETURNABLE DISK PLUS,Y

0021 1 Each

SW-2-CL-BASE

FFP

NETAPP SW-2,BASE,CL,NODE

0022 1 Each

SW-2-CL-BASE

FFP

NETAPP SW-2,BASE,CL,NODE

0023 1 Each

FAS2554-R6

FFP

FAS2554-001-R6 NETAPP FAS2554 STAND ALONE SYSTEM

0024 1 Each

SW-2-2554-PREMBNDL-C

FFP

NETAPP SW-2,PREM BNDL,2554,-C

0025 1 Each

FAS2554-322-C

FFP

NETAPP FAS2554,24X6TB,NSE,-C

0026 1 Each

DOC-2554-C

FFP

NETAPP DOCUMENTS,2554,-C

0027 4 Each X6589-R6-C

FFP

NETAPP SFP+ OPTICAL 10GB SHORTWAVE,-C

0028 4 Each X800E-R6-C

FFP

NETAPP POWER CABLE NORTH AMERICA,-C,R6

0029 1,440 Each

OS-ONTAP-CAP1-1P-C

FFP

NETAPP OS ENABLE,PER-0.1TB,ONTAP,CAP-STOR,1P,-C

0030 4 Each X6553-R6

FFP

NETAPP CABLE,CNTLR-SHELF/SWITCH,2M,LC/LC,OP

0031 1 Each X5526A-R6

FFP

NETAPP RACKMOUNT KIT,4-POST,UNIVERSAL,R6

0032 1 Each

CS-SEC-NBDD

FFP

NETAPP SE SECURE,NEXT BUS DAY PARTS DELIVERY

0033 1 Each

CS-NRD2-E

FFP

NETAPP NON RETURNABLE DISK PLUS,E

0034 2 Each

FAS2554-EXP-R6 - X6558-R6

FFP

X6558-R6 - NETAPP CABLE,SAS CNTLR-SHELF/SHELF-SHELF/HA,2M

0035 1 Each X6561-R6

FFP

NETAPP CABLE,ETHERNET,2M RJ45 CAT6

0036 1 Each X6562-R6

FFP

NETAPP CABLE,ETHERNET,5M RJ45 CAT6

0037 2 Each X6557-R6

FFP

NETAPP CABLE,SAS CNTLR-SHELF/SHELF-SHELF/HA,0.5M

0038 2 Each X6560-R6

FFP

NETAPP CABLE,ETHERNET,0.5M RJ45 CAT6

0039 2 Each X5526A-R6

FFP

NETAPP RACKMOUNT KIT,4-POST,UNIVERSAL,R6

0040 2 Each

DS4246-07-6-24N-1P-SK

FFP

NETAPP DSK SHLF,24X6.0TB,7.2K,NSE,1P,-SK

0041 2,880 Each

OS-ONTAP-CAP1-1P-P

FFP

NETAPP OS ENABLE,PER-0.1TB,ONTAP,CAP-STOR,1P,-P

0042 1 Each

CS-SEC-NBDD

FFP

NETAPP SE SECURE,NEXT BUS DAY PARTS DELIVERY

0043 1 Each

CS-NRD2-E

FFP

NETAPP NON RETURNABLE DISK PLUS,E

0044 1 Each

KEYSECURE-R5 - X-SFNET-KM-94712-NSE

FFP

NETAPP SAFENET,KEYSECUREK460,W/NSE10 KEYMGR,-C

0045 2 Each

X-SFNET-91204-R5-C

FFP

NETAPP POWER CABLE,SAFENET,110 VAC NORTH AMERICA,-C

0046 1 Each

SVCVN-SAFENETK460-PL

FFP

NETAPP HW SUPPORT,SAFENET,KEYSECURE 460 PLUS

0047 1 Each

X-SFNET-AKIT-94746-

FFP

NETAPP ADMIN KIT,SAFENET STORAGESECURE

0048 1 Each

KEYSECURE-R5 - X-SFNET-KM-94712-SS-

FFP

NETAPP SAFENET,KEYSECUREK460,BASE KEYMGR,-C

0049 2 Each

X-SFNET-91204-R5-C

FFP

NETAPP POWER CABLE,SAFENET,110 VAC NORTH AMERICA,-C

0050 1 Each

SVCVN-SAFENETK460-PL

FFP

NETAPP HW SUPPORT,SAFENET,KEYSECURE 460 PLUS

0051 66,137 Each

PS-SOW-SOL-MIGRATE

FFP

NETAPP DATA MIGRATION CONSULTING,CUSTOM

0052 1 Each

DD254REQUIRED

FFP

NETAPP DD254 OR EQUIVALENT SECURITY ADDENDUM

0053 96 Each

ED-TU-1-ZA

FFP

NETAPP TRAINING UNITS, 1, ZA, EXP 1 YR FROM INVOICE DATE

STATEMENT OF WORK

C1.0 BACKGROUND

The Information Technology Division (Code 104) at the Naval Surface Warfare Center, Dahlgren Division (NSWCDD) requires installation of NetApp hardware. This includes clustered Data ONTAP (cDOT) design, implementation, and data migration. Design and implementation is also required for OnCommand Unified Manager (OCUM) and KeySecure appliances.

C2.0 APPLICABLE DOCUMENTS

2.1 Original Equipment Manufacturer Specifications; and

2.2 Deliverables List (attached for reference)

C3.0 REQUIREMENTS

3.1 The contractor shall provide support and expertise for the required installation of the NetApp hardware listed in the attached deliverables list.

3.2 The contractor shall begin performance within four (4)

weeks after contract award.

3.3 The contractor shall coordinate with the technical point of contact (TPOC) listed below upon award to schedule and attend a project kickoff meeting;

3.3.1 The contractor shall develop a project schedule (CDRL

A001) to be discussed during the kickoff meeting;

3.3.2 The contractor shall present and review project scope, expectations, deliverables, and coordinate timelines during the kickoff meeting.

3.4 The contractor shall review implementation requirements with Code 104, to include collection and/or confirmation of additional setup information.

3.4.1 The contractor shall work with Code 104 to design the

complete storage layout and configuration of the NetApp cDOT storage controllers, storage cluster, and virtual servers.

3.4.2 The contractor shall coordinate with the TPOC to

accommodate movement of data, verify window outages, and verify number of cutovers.

3.4.3 The contractor shall provide a cDOT Transition Plan (CDRL A002).

3.5 The contractor shall perform cDOT physical hardware

installation to include physical inspection, component racking, power connections, cabling configuration, cluster management, Ethernet ports, and retrieval of Code 104 purchased cluster and node licenses.

3.6 The contractor shall perform controller and disk shelves

power-on and basic configuration (per node) to include variable settings, initial system boot, disk initialization, root aggregate creation, RLM setup and password sync, and cluster implementation.

3.6.1 The contractor shall configure and verify system services, high availability/storage fail over, cluster software update, verification, and licensing

3.6.2 The contractor shall perform storage and network

configuration and verification to include additional disk assignments, storage aggregates, network port trunks, and data port settings.

3.6.3 The contractor shall perform virtual server, volume, and protocol server configuration.

3.6.4 The contractor shall configure and integrate migration

tools into the existing NAS environment and verify connectivity with source and destination storage.

3.6.5 The contractor shall provide a pilot data migration with test data for proof of concept and testing purposes.

3.6.6 The contractor shall perform data migration using

applicable tools and devices.

3.7 The contractor shall configure and test AutoSupport

function.

3.7.1 The contractor shall verify protocol connections to the virtual servers.

3.7.2 The contractor shall perform storage failover testing.

3.8 The contractor shall define the KeySecure deployment

configuration, schedule implementation, and develop validation test procedures.

3.8.1 The contractor shall setup KeySecure and generate

necessary keys and passwords.

3.8.2 The contractor shall configure KeySecure servers.

3.8.3 The contractor shall create Certificate Authority (CA) on KeySecure.

3.8.4 The contractor shall install SSL certificate for each

storage system on each key management server.

3.8.5 The contractor shall link storage system controller to key management servers.

3.8.6 The contractor shall set necessary Boot loader environment variables.

3.8.7 The contractor shall install certificates into Data ONTAP (both controllers).

3.8.8 The contractor shall link storage system controller to

external key management server.

3.8.9 Validate encryption is enabled on storage controllers.

3.8.10 The contractor shall determine Code 104 operational

processes and procedures impacted by key management and storage implementation.

3.9 The contractor shall define the OCUM deployment

configuration; schedule implementation and configuration tasks;

and validate all planned implementation components are compatible.

3.9.1 The contractor shall install OCUM software on DFM server.

3.9.2 The contractor shall configure OCUM device management

3.9.3 The contractor shall configure and verify OCUM device

monitoring for object health, capacity utilization, storage system performance, and event alerts.

3.9.4 The contractor shall configure OCUM Role Based Access

Controls.

3.9.5 The contractor shall create a standard storage system

configuration and verify configuration management pull/push functionality.

3.9.6 The contractor shall perform database backup and high

availability configuration of DFM server.

3.9.7 The contractor shall configure OCUM Performance Manager

3.9.8 The contractor shall assist Code 104 with validating

functionality of OCUM configuration.

3.10 The contractor shall provide Knowledge Transfer sessions for cDOT, KeySecure, and OCUM.

C4.0 DELIVERABLES

4.1 The contractor shall provide project schedules and updates

IAW CDRL A001;

4.2 The contractor shall provide a cDOT Transition Plan IAW

CDRL A002;

4.3 The contractor shall provide Migration log files IAW CDRL A003;

4.4 The contractor shall provide “As Built” Storage

Configuration Document for CDOT, Keysecure, and OCUMLT IAW CDRL A004; and

4.5 The contractor shall provide Disk Sanitization Procedure

Output Log IAW CDRL A004.

C5.0 SECURITY

All work to be done under this contract is UNCLASSIFIED.

C6.0 TRAVEL

The contractor will be required to travel in performance of this contract. The number of trips and types of personnel traveling shall be limited to the minimum required to accomplish work requirements and shall be coordinated with the technical point of contact. All travel shall be conducted in accordance with FAR 31.205-46, “Travel Costs”, and the Federal Travel Regulations (FTR). Travel for up to two - four (2-4) personnel to Dahlgren, Virginia throughout the period of performance is anticipated to complete the work.

C7.0 TECHNICAL POINT OF CONTACT (TPOC)

Sandra K. Halter NSWCDD/Code 1041 IT Operations Branch 17632 Dahlgren Road, Suite 238 Dahlgren, VA 22448 Phone: 540-653-9373 Email: sandra.halter@navy.mil

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 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government 0030 Destination Government Destination Government 0031 Destination Government Destination Government 0032 Destination Government Destination Government 0033 Destination Government Destination Government 0034 Destination Government Destination Government 0035 Destination Government Destination Government 0036 Destination Government Destination Government 0037 Destination Government Destination Government 0038 Destination Government Destination Government 0039 Destination Government Destination Government 0040 Destination Government Destination Government 0041 Destination Government Destination Government 0042 Destination Government Destination Government 0043 Destination Government Destination Government 0044 Destination Government Destination Government 0045 Destination Government Destination Government 0046 Destination Government Destination Government 0047 Destination Government Destination Government 0048 Destination Government Destination Government 0049 Destination Government Destination Government 0050 Destination Government Destination Government 0051 Destination Government Destination Government 0052 Destination Government Destination Government 0053 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

0014 N/A N/A N/A N/A

0015 N/A N/A N/A N/A

0016 N/A N/A N/A N/A

0017 N/A N/A N/A N/A

0018 N/A N/A N/A N/A

0019 N/A N/A N/A N/A

0020 N/A N/A N/A N/A

0021 N/A N/A N/A N/A

0022 N/A N/A N/A N/A

0023 N/A N/A N/A N/A

0024 N/A N/A N/A N/A

0025 N/A N/A N/A N/A

0026 N/A N/A N/A N/A

0027 N/A N/A N/A N/A

0028 N/A N/A N/A N/A

0029 N/A N/A N/A N/A

0030 N/A N/A N/A N/A

0031 N/A N/A N/A N/A

0032 N/A N/A N/A N/A

0033 N/A N/A N/A N/A

0034 N/A N/A N/A N/A

0035 N/A N/A N/A N/A

0036 N/A N/A N/A N/A

0037 N/A N/A N/A N/A

0038 N/A N/A N/A N/A

0039 N/A N/A N/A N/A

0040 N/A N/A N/A N/A

0041 N/A N/A N/A N/A

0042 N/A N/A N/A N/A

0043 N/A N/A N/A N/A

0044 N/A N/A N/A N/A

0045 N/A N/A N/A N/A

0046 N/A N/A N/A N/A

0047 N/A N/A N/A N/A

0048 N/A N/A N/A N/A

0049 N/A N/A N/A N/A

0050 N/A N/A N/A N/A

0051 N/A N/A N/A N/A

0052 N/A N/A N/A N/A

0053 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-8 Annual Representations and Certifications APR 2016 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law

FEB 2016

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

OCT 2015

52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.244-6 Subcontracts for Commercial Items FEB 2016 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

252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Nov 2014)

NOV 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.239-7010 Cloud Computing Services AUG 2015 252.239-7018 Supply Chain Risk OCT 2015 252.239-7018 Supply Chain Risk OCT 2015 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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;

(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 posted electronically on the SAM website.

(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 representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (r) 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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

Note to paragraphs (c)(8) and (9): 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.

(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:

(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. 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 until the taxpayer has exercised all judicial appear rights.

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

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

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products…