N00253-14-T-0483.pdf

NAVAL UNDERSEA WARFARE CENTER

ATTN: JUAN WALKER

JUAN.WALKER@NAVY.MIL

610 DOWELL ST C/182

KEYPORT WA 98345-7610

360-315-3337

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

X

DO-C9

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N00253-14-T-0483 04-Sep-2014

b. TELEPHONE NUMBER

360-315-3337

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 11 Sep 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N00253

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE N35266 16. ADMINISTERED BY

NAVAL UNDERSEA WARFARE CENTER

SUPPLY OFFICER

NUWC DETACHMENT PACIFIC

1894 WASP BLVD., BLDG.133

PEARL HARBOR HI 96860

TEL: (808) 472-0314 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUAN WALKER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

334513

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

N00253-14-T-0483

Section SF 30 - BLOCK 14 CONTINUATION PAGE

STATEMENT OF WORK

CLIN 0001

Speed Reducer, Worm Gear, Right

Manufacture: Emerson Power Transmission Corporation /Brand Name or Equal

Part Number: 154 UR5

Style: U (Universal-Basic Unit) Style

Center Distance: 1.54 inches

Type of Input: Universal, Shaft In

Output Shaft Arrangement: Right Output

Ratio: 5

Input Horsepower (@100 Revolutions Per Minute Driver-5:1 Ratio-20 Revolutions Per Minute

Output): 0.14

Output Torque (@100 Revolutions Per Minute Driver-5:1 Ratio-20 Revolutions Per Minute

Output): 376 inch-pounds

Maximum Overhung Load (@100 Revolutions Per Minute Driver-5:1 Ratio-20 Revolutions Per

Minute Output): 388 pounds (output shaft)

Thrust Load (@100 Revolutions Per Minute Driver-5:1 Ratio-20 Revolutions Per Minute

Output): 1399 pounds (output shaft)

Housing Material: Cast Iron

Integral Worm and Shaft Features: Carburized and Hardened to 58 Rockwell C

Input Shaft Bearing Type: Single Row Ball Bearings

Output Shaft Bearing Type: Heavy Duty Tapered Roller Bearings

Worm Gear Material: Forged Bronze

Shaft Seals: Double Lip

Overall Height: 5.38 inches

Overall Length (shaft included): 7.25 inches

Overall Width (shaft included): 6.76 inches

Input Shaft Diameter: 0.625 inches

Input Shaft Keyway Size: 0.188 inches square X 0.94 inches length

Output Shaft Diameter: 0.75 inches

Output Shaft Keyway Size: 0.188 inches square X 1.25 inches length

Weight: 18.0 pounds

CLIN 0002

Speed Reducer, Worm Gear, Left

Manufacture: Emerson Power Transmission Corporation /Brand Name or Equal

Part Number: 154 UL5

Worm Gear Speed Reducer Style: U (Universal-Basic Unit) Style

Center Distance: 1.54 inches

Type of Input: Universal, Shaft In

Output Shaft Arrangement: Left Output

Ratio: 5

Input Horsepower (@100 Revolutions Per Minute Driver-5:1 Ratio-20 Revolutions Per Minute

Output): 0.14

Output Torque (@100 Revolutions Per Minute Driver-5:1 Ratio-20 Revolutions Per Minute

Output): 376 inch-pounds

Maximum Overhung Load (@100 Revolutions Per Minute Driver-5:1 Ratio-20 Revolutions Per

Minute Output): 388 pounds (output shaft)

Thrust Load (@100 Revolutions Per Minute Driver-5:1 Ratio-20 Revolutions Per Minute

Output): 1399 pounds (output shaft)

Housing Material: Cast Iron

Integral Worm and Shaft Features: Carburized and Hardened to 58 Rockwell C

Input Shaft Bearing Type: Single Row Ball Bearings

Output Shaft Bearing Type: Heavy Duty Tapered Roller Bearings

Worm Gear Material: Forged Bronze

Shaft Seals: Double Lip

Overall Height: 5.38 inches

Overall Length (shaft included): 7.25 inches

Overall Width (shaft included): 6.76 inches

Input Shaft Diameter: 0.625 inches

Input Shaft Keyway Size: 0.188 inches square X 0.94 inches length

Output Shaft Diameter: 0.75 inches

Output Shaft Keyway Size: 0.188 inches square X 1.25 inches length

Weight: 18.0 pounds

CLIN 0003

Horizontal Standard Base Kit for 1.54 inch Center Distance Worm Gear Speed Reducer

Manufacture: Emerson Power Transmission Corporation/Brand Name or Equal

Part Number: 154S-BK

Material: Cast Iron

Overall Length: 6.44 inches

Overall Width (one half): 2.04 inches

Thickness: 0.59 inches

Weight (pair): 1.5 pounds

CLIN 0004

Jaw Type Coupling, 5/8 “ Bore

Manufacture: Lovejoy Incorporated/Brand Name or Equal

Coupling Type: Jaw AL110 Type

Hub Material: Aluminum

Part Number: AL110X5/8

UPC Number: 38888

Bore Diameter: 5/8 inch

Keyway Dimension: 3/16 inch X 3/32 inch

Outside Diameter: 3.31 inches

Overall Length of Coupling Pair: 4.25 inches

Shaft Retention Method: Set Screw

Set Screw Size: 5/16 – 18

Number of Jaws: Three

Basic Horse Power Ratings at 100 Revolutions Per Minute: 1.260

Torque Rating: 792 inch-pounds

Maximum Revolutions Per Minute Rating: 5000

CLIN 0005

Jaw Type Coupling, 1-1/2 “ Bore

Manufacture: Lovejoy Incorporated/Brand Name or Equal

Coupling Type: Jaw AL110 Type

Hub Material: Aluminum

Part Number: AL110X1-1/2

UPC Number: 17988

Bore Diameter: 1-1/2 inch

Keyway Dimension: 3/8 inch X 3/16 inch

Outside Diameter: 3.31 inches

Overall Length of Coupling Pair: 4.25 inches

Shaft Retention Method: Set Screw

Set Screw Size: 5/16 – 18

Number of Jaws: Three

Basic Horse Power Ratings at 100 Revolutions Per Minute: 1.260

Torque Rating: 792 inch-pounds

CLIN 0006

Coupling Elastomer, Jaw Type/Brand Name or Equal

Manufacture: Lovejoy Incorporated

Coupling Elastomer Type: Jaw AL110 Type, Solid Center Spider

Spider Material: SOX (NBR) Rubber

Part Number: AL110SOX (Solid)

UPC Number: 11724

Outside Diameter: 3.31 inches

Hub Counterbore Diameter: 1.19 inches

Hub Counterbore Depth: 0.25 inches

Spider Thickness: 0.75 inches

Number of Radial Segments: Six

Segment Width: 0.45 inches

Basic Horse Power Ratings at 100 Revolutions Per Minute: 1.260

Torque Rating: 792 inch-pounds

Effective Operating Temperature Range: -40 degrees to 450 degrees Fahrenheit

CLIN 0007

Shaft Support Rail, Type SR

Manufacture: Danaher Motion Corporation, Thomson Industries, Incorporated/Brand Name or

Equal

Part Number: SR-24

Shaft Support Rail Material: Aluminum Alloy Extrusion

Nominal Supported Shaft Diameter: 1.5 inches

Mean Centerline Height: 2.500 inches

Base Width: 3 inches

Support Pedestal Width: 11/16 inch

Base Thickness: 3/8 inch

Length: 24 inches

Features: No Pre-Drilled Holes

CLIN 0008

Manufacture: Linn Gear Company/Brand Name or Equal

Part Number: SHAFT-1

Shaft Material: Stainless Steel, 15-5PH, Condition A

Heat Treatment: yes, Condition H900 Rockwell C40-47 minimum

Shaft Diameter: 1-1/2 inches

Shaft Length: 124.38 inches

Special Features: Threaded mounting holes (.375-18 UNC - 2B to full thread depth of .75 inches, 1 inch maximum tap drill depth, 14 places on 9.0 inch centers)

CLIN 0009

Bearing, Ball Bushing

Manufacture: Danaher Motion Corporation, Thomson Industries, Incorporated/Brand Name or

Equal

Part Number: SUPER 24-OPN-CR

Ball Bushing Bearing Type: SUPER Open Type (Open Type for continuously supported applications)

Size: 24

Nominal Diameter: 1.5 inches

Ball Bearing Material: Stainless Steel Type 316

Retainer and Outer Sleeve Material: Engineered Polymer

Overall Length: 3.000/2.970 inches

Recommended Housing Bore Diameter: 2.3760/2.3750 inches

Retention Method: External Type “C” Retaining Ring

Distance Between Retaining Rings: 2.410/2.390 inches

Minimum Retaining Ring Groove Width: .086 inches

Minimum Slot Width: 0.75 inches

Number of Ball Circuits: 5

Dynamic Load Capacity: 1560 pounds

CLIN 0010

Gear Rack -1, Stainless Steel

Manufacture: Linn Gear Company/Brand Name or Equal

Part Number: RACK-1

Shaft Material: Stainless Steel, Type 316

Gear Rack Cross Sectional Dimensions: 1.50 inches X 2.00 inches

Gear Rack Length: 109 inches

Gear Pressure Angle: 20

Diameteral Pitch: 6

CLIN 0011

Gear Rack -2, Stainless Steel

Manufacture: Linn Gear Company/Brand Name or Equal

Part Number: RACK-2

Shaft Material: Stainless Steel, Type 316

Gear Rack Cross Sectional Dimensions: 1.50 inches X 2.00 inches

Gear Rack Length: 109 inches

Gear Pressure Angle: 20

Diameteral Pitch: 6

NOTES TO VENDORS

Solicitation Information

NOTE 1: Government Point of Contact for this Solicitation / Request for Quote (RFQ) is: Juan Walker Purchasing Agent, Phone: 360-315-3337, Fax: 360-396-5657 Email: juan.walker@navy.mil

NOTE 2: All questions regarding this solicitation should be submitted in writing as soon as practicable after receipt of solicitation. Email questions to juan.walker@navy.mil. Questions received after a reasonable time may not be entertained.

NOTE 3: Utilize the pages in this solicitation to list all unit prices, extended prices, manufacturers and their part numbers, along with description changes (if any). Each Item No. or “CLIN” must be filled out.

Company quote forms may be used, but not substituted for a completed solicitation / amendment pages.

NOTE 4: If you cannot meet the requested delivery date / Period of Performance (POP), line through and replace with your availability. All line items must state the unit price and extended price. Quote quantities as stated in this RFQ.

NOTE 5: Offers shall be FOB Destination pricing to NUWC DET-JBPP, Ford Island HI, 96860.

NOTE 6: You must supply Manufacturers information as requested in provision C.108. Supply city/state if in the United States and/or the country of origin if outside the United States.

NOTE 7: “Vendor shall certify that it is a Manufacturer Authorized Channel Partner as of date of the submission of their offer, and that it has the certification/specialty level required by the Manufacturer to support both the product sale and product pricing, in accordance with the applicable Manufacturer certification/specialization requirements. Unless otherwise specified, Vendor shall warrant that the mailto:juan.walker@navy.mil mailto:juan.walker@navy.mil products are new, in their original box. The Vendor confirms to have sourced all Manufacturer products submitted in this offer from Manufacturer or through Manufacturer Authorized Channels only, in accordance with all applicable laws and policies at the time of purchase. Vendor shall provide Buyer with a copy of the End User license agreement, and shall warrant that all Manufacturer software.”

NOTE 8: Failure to provide all required information from this solicitation and any subsequent amendment(s) may deem your company to be considered non-responsive.

NOTE 9:: On-site contractors must comply with Publication “Safety Requirements for Contractors and Subcontractors” revision I., and NUWC Keyport publication “Contractor’s Guide to Environmental Compliance”. An electronic copy can be obtained at the following links:

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Speed Reducer, Worm Gear, Right

FFP

Speed Reducer, Worm Gear, Right, P/N: 154 UR5.

The item must ability to meet the physical and operational constraints of the MK 30

Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part. Substitutes shall be provided with complete product specifications from which comparison evaluations can be performed.

FOB: Destination

NET AMT

0002 1 Each Speed Reducer, Worm Gear, Left, P/N: 154

FFP

Speed Reducer, Worm Gear, Left, P/N: 154 UL5.

The item must ability to meet the physical and operational constraints of the MK 30

Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part. Substitutes shall be provided with complete product specifications from which comparison evaluations can be performed. "See

Statement of Work."

0003 2 Each Base Kit, Speed Reducer, Worm Gear, FFP

The item must ability to meet the physical and operational constraints of the MK 30

Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part. Substitutes shall be provided with complete product specifications from which comparison evaluations can be performed. "See

Statement of Work."

0004 2 Each Coupling, Jaw Type, 5/8"

FFP

Coupling, Jaw Type, 5/8" I.D., P/N: AL110X5/8. The item must ability to meet the physical and operational constraints of the MK 30 Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part.

Substitutes shall be provided with complete product specifications from which comparison evaluations can be performed. "See Statement of Work."

0005 2 Each Coupling, Jaw Type

FFP

Coupling, Jaw Type, 1-1/2" I.D., P/N: AL110X1-1/2. The item must ability to meet the physical and operational constraints of the MK 30 Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part.

Substitutes shall be provided with complete product specifications from which

0006 2 Each Coupling Elastomer

FFP

Coupling Elastomer, Jaw AL110 Type, P/N: AL110SOX. The item must ability to meet the physical and operational constraints of the MK 30 Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part.

Substitutes shall be provided with complete product specifications from which

0007 6 Each Shaft Support Rail

FFP

Shaft Support Rail, Type SR, P/N: SR-24. The item must ability to meet the physical and operational constraints of the MK 30 Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part.

Substitutes shall be provided with complete product specifications from which

0008 1 Each Linear Bearing Shaft

FFP

Linear Bearing Shaft, Stainless Steel, P/N: SHAFT-1. The item must ability to meet the physical and operational constraints of the MK 30 Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part.

Substitutes shall be provided with complete product specifications from which

0009 24 Each Bearing, Ball Bushing

FFP

Bearing, Ball Bushing, P/N: SUPER 24-OPN-CR. The item must ability to meet the physical and operational constraints of the MK 30 Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part.

Substitutes shall be provided with complete product specifications from which

0010 1 Each Gear Rack P/N: RACK

FFP

Gear Rack P/N: RACK -1. The item must ability to meet the physical and operational constraints of the MK 30 Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part. Substitutes shall be provided with complete product specifications from which comparison evaluations can be performed. "See Statement of Work."

0011 1 Each Gear Rack, FFP

Gear Rack, P/N: RACK -2. The item must ability to meet the physical and operational constraints of the MK 30 Target Rack Launcher system into which it is integrated. Substitutes are acceptable provided it meets the specifications, physical and operational characteristics of the requisitioned part. Substitutes shall be provided with complete product specifications from which comparison evaluations can be performed. "See Statement of Work."

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 31-DEC-2014 1 NAVAL UNDERSEA WARFARE CENTER

SUPPLY OFFICER

NUWC DETACHMENT PACIFIC

1894 WASP BLVD., BLDG.133

PEARL HARBOR HI 96860

(808) 472-0314

N35266

0002 31-DEC-2014 1 (SAME AS PREVIOUS LOCATION)

0003 31-DEC-2014 2 (SAME AS PREVIOUS LOCATION)

0004 31-DEC-2014 2 (SAME AS PREVIOUS LOCATION)

0005 31-DEC-2014 2 (SAME AS PREVIOUS LOCATION)

0006 31-DEC-2014 2 (SAME AS PREVIOUS LOCATION)

0007 31-DEC-2014 6 (SAME AS PREVIOUS LOCATION)

0008 31-DEC-2014 1 (SAME AS PREVIOUS LOCATION)

0009 31-DEC-2014 24 (SAME AS PREVIOUS LOCATION)

0010 31-DEC-2014 1 (SAME AS PREVIOUS LOCATION)

0011 31-DEC-2014 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996

52.204-7 System for Award Management JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

MAY 2011

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.212-1 Instructions to Offerors--Commercial Items APR 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

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

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013

252.211-7003 Item Unique Identification and Valuation DEC 2013

252.225-7001 Buy American And Balance Of Payments Program DEC 2012

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011

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

252.243-7001 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)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations

System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014)

ALTERNATE I (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

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

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

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue

Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

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.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern—

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

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

"Women-owned small business concern" means a small business concern—

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

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

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted 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 (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

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

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

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

States or its outlying areas. Check all that apply.

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

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

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

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

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

Note 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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation

Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM

Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13

CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private

Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) 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)(11)(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.

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

___ Black American.

___ Hispanic American.

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

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

Opportunity clause of this solicitation, the and

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

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

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

Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition

Regulation (FAR) 52.225-1, Buy American--Balance of Payments Program--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”

“end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy

American--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.)

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) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—

Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United

States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

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

Canadian End Products:

Line Item No.:

(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 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 Act--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; and

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

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

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

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed.