N00259-16-T-0096.pdf

SEE ADDENDUM

(No Collect Calls)

N00259-16-T-0096 14-Mar-2016

b. TELEPHONE NUMBER

(619) 532-8106

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 29 Mar 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.

N002599. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DEADRICK ROBINSON

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N3594916RC50002

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL MEDICAL CENTER SAN DIEGO

MATERIAL MANAGEMENT

34800 BOB WILSON DRIVE

SAN DIEGO CA 92134-5000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N35949 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL HOSPITAL TWENTYNINE PALMS

RECEIVING OFFICER

BLDG 1343 MCAGCC MAGTFTC

TWENTYNINE PALMS CA 92278-8250

TEL: 760-830-2665 FAX: 760-830-2115

619-532-5596FAX:

TEL: 619-532-8110

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325120

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

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF56

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 60 Cylinder

NITROUS OXIDE SIZE H

FFP

BASE YEAR

POP: 01 April 2016 - 31 Mar 2017

FOB: Destination

MILSTRIP: N3594916RC50002

PURCHASE REQUEST NUMBER: N3594916RC50002

ADDITIONAL MARKINGS: POC:ROBERT RUSSELL 760.830.2400 SAFTEY

DEPT.

NET AMT

0002 15 Cylinder

CARBON DIOXIDE SIZE E

FFP

FOB: Destination

MILSTRIP: N3594916RC50002

PURCHASE REQUEST NUMBER: N3594916RC50002

0003 20 Cylinder

CARBON DIOXIDE SIXE H

FFP

FOB: Destination

0004 60 Cylinder

BREATHING AIR SIZE E

FFP

FOB: Destination

0005 50 Cylinder

NITROGEN LIQUID SIZE 35 LITER

FFP

FOB: Destination

0006 12 Cylinder

OXYGEN SIZE M

FFP

FOB: Destination

0007 100 Cylinder

OXYGEN SIZE D

FFP

FOB: Destination

0008 20 Cylinder

OXYGEN SIZE H

FFP

FOB: Destination

0009 100 Cylinder

OXYGEN SIZE E

FFP

FOB: Destination

1001 60 Cylinder

OPTION NITROUS OXIDE SIZE H

OPTION YEAR 1

POP: 1 April 2017 - 31 Mar 2018

MILSTRIP: N3594916RC50002

1002 15 Cylinder

OPTION CARBON DIOXIDE SIZE E

FFP

1003 20 Cylinder

OPTION CARBON DIOXIDE SIXE H

FFP

1004 60 Cylinder

OPTION BREATHING AIR SIZE E

FFP

1005 50 Cylinder

OPTION NITROGEN LIQUID SIZE 35 LITER

FFP

1006 12 Cylinder

OPTION OXYGEN SIZE M

FFP

1007 100 Cylinder

OPTION OXYGEN SIZE D

FFP

1008 20 Cylinder

OPTION OXYGEN SIZE H

FFP

1009 100 Cylinder

OPTION OXYGEN SIZE E

FFP

2001 60 Cylinder

OPTION NITROUS OXIDE SIZE H

OPTION YEAR 2

POP: 1 April 2018 - 31 Mar 2019

MILSTRIP: N3594916RC50002

2002 15 Cylinder

OPTION CARBON DIOXIDE SIZE E

FFP

2003 20 Cylinder

OPTION CARBON DIOXIDE SIXE H

FFP

2004 60 Cylinder

OPTION BREATHING AIR SIZE E

FFP

2005 50 Cylinder

OPTION NITROGEN LIQUID SIZE 35 LITER

FFP

2006 12 Cylinder

OPTION OXYGEN SIZE M

FFP

2007 100 Cylinder

OPTION OXYGEN SIZE D

FFP

2008 20 Cylinder

OPTION OXYGEN SIZE H

FFP

2009 100 Cylinder

OPTION OXYGEN SIZE E

FFP

3001 60 Cylinder

OPTION NITROUS OXIDE SIZE H

OPTION YEAR 3

POP: 1 April 2019 - 31 Mar 2020

MILSTRIP: N3594916RC50002

3002 15 Cylinder

OPTION CARBON DIOXIDE SIZE E

FFP

3003 20 Cylinder

OPTION CARBON DIOXIDE SIXE H

FFP

3004 60 Cylinder

OPTION BREATHING AIR SIZE E

FFP

3005 50 Cylinder

OPTION NITROGEN LIQUID SIZE 35 LITER

FFP

3006 12 Cylinder

OPTION OXYGEN SIZE M

FFP

3007 100 Cylinder

OPTION OXYGEN SIZE D

FFP

3008 20 Cylinder

OPTION OXYGEN SIZE H

FFP

3009 100 Cylinder

OPTION OXYGEN SIZE E

FFP

4001 60 Cylinder

OPTION NITROUS OXIDE SIZE H

OPTION YEAR 4

POP: 1 April 2020 - 31 Mar 2021

MILSTRIP: N3594916RC50002

4002 15 Cylinder

OPTION CARBON DIOXIDE SIZE E

FFP

4003 20 Cylinder

OPTION CARBON DIOXIDE SIXE H

FFP

4004 60 Cylinder

OPTION BREATHING AIR SIZE E

FFP

4005 50 Cylinder

OPTION NITROGEN LIQUID SIZE 35 LITER

FFP

4006 12 Cylinder

OPTION OXYGEN SIZE M

FFP

4007 100 Cylinder

OPTION OXYGEN SIZE D

FFP

4008 20 Cylinder

OPTION OXYGEN SIZE H

FFP

4009 100 Cylinder

OPTION OXYGEN SIZE E

FFP

CLAUSES INCORPORATED BY FULL TEXT

Deadrick O. Robinson

Purchasing Agent

Phone: (619) 532-8106

Fax: (619) 532-5596

E-mail:deadrick.o.robinson.civ@mail.mil

NHTP MEDICAL GASES (SOW)

STATEMENT OF WORK FOR MEDICAL GAS SERVICES FOR NAVAL

HOSPTIAL, TWENTYNINE PALMS SECTION A: GENERAL WORK

STATEMENT

A. The purpose of the contact is to provide medical gas compressed gas cylinders weekly delivery to the Naval Hospital, Twenty-nine Palms, CA for the period of one year from 01April 2016 to 31 March 2016. Deliveries to Naval Hospital, Twenty-nine Palms will either be in hospital owned or contractor owned compressed gas cylinders as noted below.

SECTION B: EQUIPMENT

B.1. GOVERNMENT OWNED EQUIPMENT

Naval Hospital Twenty-nine Palms owns the following compressed gas cylinders:

QUANTITY CYLINDER SIZE GAS

18 E COMPRESSED AIR

4 H OXYGEN

3 M OXYGEN

80 D OXYGEN

33 E OXYGEN

12 E CARBON DIOXIDE

5 H NITROUS OXIDE

3 H NITROGEN

4 25 LITERS LIQUID NITROGEN

B.2. CONTRACTOR-OWNED EQUIPMENT

The contractor shall provide the following compressed gas cylinders in addition to those that Naval Hospital Twenty-nine Palms has in its inventory. The mailto:deadrick.o.robinson.civ@mail.mil responsibility for the purchase, maintenance and replacement of these cylinders required to support this contract shall be the sole responsibility of the contractor.

9 H OXYGEN

3 M OXYGEN

2 H CARBON DIOXIDE

4 H NITROUS OXIDE

SECTION C: DESCRIPTION/SPECIFICATIONS

C.1. SPECIFICATI ONS FOR THE NAVAL HOSPITAL

All work under this contract shall be accomplished in accordance with specifications in MIL-STD 1411B, with amendments and revisions thereto, and with any Military Specifications of Standards cited herein. In addition, because of the uniqueness of hospital requirements, the contractor shall maintain adequate procedures for collecting, transporting, processing, storage and testing of medical gases.

C.2. SCOPE

The contractor shall pick-up empty compressed gas cylinders from Naval Hospital Twenty-nine Palms at least once a week. The contractor shall ensure that the minimum number of full reserve .compressed gas cylinder inventory at Naval Hospital Twenty-nine Palms is maintained at the following levels:

10 E COMPRESSED AIR

5 H OXYGEN

2 M OXYGEN

30 D OXYGEN

15 E OXYGEN

3 E CARBON DIOXIDE

1 H CARBON DIOXIDE

2 H NITROUS OXIDE

If Naval Hospital Twenty-nine Palms has a special need for medical gas replenishment, the contractor shall respond to the special request within one standard business of being notified. Delivery of the compressed gas shall be within two standard business days.

Emergency orders for medical gases shall be delivered within 24 hours of being ordered.

C.2.1. LIQUID NITROGEN REPLISHMENT

Liquid nitrogen shall be replenished on site as needed. Naval Hospital Twenty-nine Palms shall contact the contractor at least one week in advance to order liquid nitrogen. The number of 25 liters to be replenished will be noted in the order. The contractor is required to replenish the liquid nitrogen containers on site at Naval Hospital Twenty-nine Palms.

C.2.2. AVERAG E ANNUAL COMPR ESSED GAS AND LIQUID NITROGEN USAGE

The average annual usage of compressed gases and liquid nitrogen are provided in the table below:

QUANTITY OF

CYLINDERS

CYLINDER SIZE GAS

75 CYLINDERS E COMPRESSED A1R

20 H OXYGEN

20 M OXYGEN

90 D OXYGEN

30 E OXYG EN

15 E CARBON DIOXIDE

10 H CARBON DIOXIDE

I

40 I H I NITROUS OXIDE

LITERS I C YLINDER SIZE I SUBSTANCE

1125 I 25 LITER I LIQUID NITROGEN

C.3. COMPRESSED GAS CYCLINDER HYDROSTATIC TESTING

The contractor is responsible for completing all hydrostatic testing of compressed gas cylinders as specified in MIL-STD 1411B. When requested, the contractor shall provide supporting documentation to verify hydrostatic testing on all cylinders own by Naval Hospital Twenty-nine Palms.

C.4. CERTIFICATION OF GAS

The contractor is responsible for ensuring that all medical gases provided by them meet the purity requirements specified in Mil-STD 1411B. Copies of the medical gas testing shall be provided when requested by Naval Hospital Twenty-nine Palms.

C.5. COMPRESSED GAS CYLINDER REPAI R

The contractor is responsible for maintaining and repairing all gas cylinders owned by Naval Hospital Twenty-nine Palms. In the event that a cylinder becomes unserviceable, the contractor shall inform Naval Hospital Twenty-nine Palms as to why the compressed gas cylinder cannot be repaired and returned to service.

C.6. PICK-UP AND DELIVERY

The contractor must be within 30 miles. The contractor shall routinely pickup and deliver compressed gas cylinders on Thursday. The contractor is responsible for loading and unloading all compressed gas cylinders from and to the compressed gas storage room(s). All transportation charges for deliveries and pickups shall be included in the price of the compressed gas. Additional charges such as delivery fees, hazardous materials fees, fuel surcharges, etc. shall NOT be billed to or collected from the Naval Hospital Twenty-nine Palms for orders received under this contract. This shall include special or emergent orders as well. The contractor shall only accept orders from Material Management or from the Safety Office. In the event that a holiday falls on Thursday, the contractor is to contact the Safety Office to schedule an alternate date and time for pickup and delivery. The contractor shall pick up empty compressed gas cylinders at least weekly. Delivery of replenished compressed gas cylinders maybe concurrent with picking up empty cylinders. In the event that the contractor has no compressed gas cylinders to deliver, it is acceptable for the contractor to contact the Safety Office prior to a scheduled pickup date to ensure that there are no empty compressed gas cylinders to be picked up. In the event that Naval Hospital Twenty-nine Palms has no empty compressed gas cylinders to be picked up or liquid nitrogen containers to be replenished, nor the contractor any replenished compressed gas cylinders to be delivered, the contractor shall not be required to stop by Naval Hospital Twenty-nine Palms.

C.6.1 HOURS OF OPERATION

N00259-16-T-0096

Routine delivery and pick up times shall be from Monday to Friday between the hours of 07:30AM to 3:00PM.

C.6.2. COMMUNICATI ONS

The contractor is responsible for ensuring their personnel are fluent in speaking and writing English. The contractor shalt provide emergency contract name(s) and telephone numbers for contingency and emergency situations.

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

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

1007 Destination Government Destination Government

1008 Destination Government Destination Government

1009 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

2007 Destination Government Destination Government

2008 Destination Government Destination Government

2009 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

3006 Destination Government Destination Government

3007 Destination Government Destination Government

3008 Destination Government Destination Government

3009 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

4006 Destination Government Destination Government

4007 Destination Government Destination Government

4008 Destination Government Destination Government

4009 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-APR-2016 TO

31-MAR-2017

N/A NAVAL HOSPITAL TWENTYNINE PALMS

RECEIVING OFFICER

BLDG 1343 MCAGCC MAGTFTC

TWENTYNINE PALMS CA 92278-8250

760-830-2665

N35949

0002 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4009 POP 01-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-1 Instructions to Offerors--Commercial Items OCT 2015

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.217-5 Evaluation Of Options JUL 1990

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

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

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

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

NMCAR SUBPART 5237.102 (90) —SERVICE CONTRACTS GENERAL

“The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the (NAMED COMPONENT) via a secure data collections site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year

(FY), which runs October 1 through September30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the Help desk link at http:://www.ecmra.mil”

NAVY COMMERCIAL ACCESS CONTROL SYSTEM (NCACS) PROGRAM IMPLEMENTATION

INSTRUCTION (August 2011)

(a) In accordance with CNICNOTE 5530 dated May 2, 2011, NCACS credentialing should be established in order to avoid unnecessary delay at military installation entry control points (ECP).

(b) NCACS guidance for Vendors/Contractors to obtain a pass is accessible through the following website:

http://www.cnic.navy.mil/regions/cnrsw/installations/navbase_san_diego/om/force_protection/rapid_gate.html and popular links.

For more information or to enroll in the NCACS Program call: 1.877.727.4342.

For Naval Base San Diego Pass and Decal Office, call: 1.619.556.1653

(c) Vendors, contractors, suppliers and other service providers shall present their pass upon entry at ECP.

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) delivery per statement of work (SOW)

Technical and delivery, when combined, are more important, when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 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:acquisition.gov/FAR. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) 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.

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

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

Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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://acquisition.gov/FAR. 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 (q) 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:

Line Item No. Country of Origin

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

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

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

Peruvian End Products) or Israeli End Products:

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

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

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

Other End Products:

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

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

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

(1) The offeror and/or any of its principals ( ___ ) 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. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

(D) The taxpayer has filed for bankruptcy protection. 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 Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countriesof Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this…