4.0 20Q0045 SOL.pdf

SEE ADDENDUM

(No Collect Calls)

N0040620Q0045 13-Dec-2019

b. TELEPHONE NUMBER

360-476-7172

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 27 Dec 2019

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.

N004069. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CASSANDRA J. ALLEN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

R501259330S202

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

NAVSUP FLC PUGET SOUND

467 W STREET, 2ND FLR

ATTN: CASSANDRA ALLEN

BREMERTON WA 98314

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

360-476-1115FAX:

TEL: 360-476-7172 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811420

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 OF46

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.

N0040620Q0045

Section SF 30 - BLOCK 14 CONTINUATION PAGE

NOTICE TO OFFERORS

**** THIS SOLICITATION MUST BE COMPLETED AND RETURNED IN FULL TO BE CONSIDERED

RESPONSIVE****

ALL QUESTIONS REGARDING THIS SOLICITATION SHOULD BE SUBMITTED IN WRITING TO THE

NAVSUP POC, CASSANDRA ALLEN AT CASSANDRA.J.ALLEN@NAVY.MIL

THIS IS A 100% SMALL BUSINESS SET ASIDE.

PRIOR TO QUOTE SUBMISSION THERE WILL BE A MANDATORY ONSITE WALK TROUGH OF

THE NAVY VESSEL. THIS WILL TAKE PLACE ON 12/19/2019 AT 10:00AM PST. CONTACT THE

CONTRACTING OFFICIAL FOR DETAILS.

OFFERORS SHALL SUBMIT THEIR SIGNED OFFERS ELECTRONICALLY TO:

CASSANDRA.J.ALLEN@NAVY.MIL

QUOTES DUE BY 12/27/2019 AT 12:00PM PST

CONTACT CONTRACTING OFFICIAL:

E-MAIL: CASSANDRA.J.ALLEN@NAVY.MIL

PHONE 360-476-7172

PLEASE PROVIDE:

YOUR NAME:________________________________________________________________________

YOUR SAM CAGE CODE NUMBER:_____________________________________________________

YOUR E-MAIL ADDRESS:_____________________________________________________________ YOUR PHONE NUMBER: ______________________________________________________________ YOUR FAX NUMBER: ________________________________________________________________

LIST YOUR COMPANY SIZE: LARGE OR SMALL

YOUR COMPANY MUST BE REGISTERED WITH SAM (SYSTEM AWARD FOR MANAGEMENT) IN

ORDER TO RECEIVE A GOVERNMENT AWARD. THIS IS ALWAYS A FREE SITE TO REGISTER. WEB

ADDRESS FOR SAM IS: HTTPS://WWW.SAM.GOV

PAYMENT INFORMATION WILL BE ENTERED IN ANY RESULTING AWARD BY GOVERNMENT

CREDIT CARD

RETURN QUOTE TO THE EMAIL ADDRESS ABOVE

BASE ACCESS

Beginning in April 2017, the Navy will transition all bases and installations in the United States, including Hawaii and Guam, from the Navy Commercial Access Control System (NCACS) to DBIDS for access to Navy installations and facilities.

CLAUSES INCORPORATED

ADDENDUM TO 52.212-2, EVALUATION-COMMERCIAL ITEMS

THIS SOLICITATION WILL UTILIZE THE PROCEDURES IN FAR PART 12 AND 13.

(A) THE GOVERNMENT WILL AWARD A FIRM FIXED PRICE PURCHASE ORDER

RESULTING FROM THIS SOLICITATION TO THE RESPONSIBLE VENDOR WHOSE

QUOTE 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) PAST PERFORMANCE; EVALUATION OF PAST PERFORMANCE WILL BE

BASED ON INFORMATION OBTAINED FROM FAPIIS/SPRS AS WELL AS ANY

OTHER SOURCES, WHICH MAY HAVE RELEVANT INFORMATION.

(II) PRICE (INCLUSIVE OF TRANSPORTATION CHARGES); SINGLE AWARD EVALUATION

PER THE PARAGRAPH ENTITLED "SINGLE AWARD FOR ALL ITEMS".

(B) RESERVED

(C) AWARD:

1) AWARD WILL BE MADE ON A BEST VALUE TRADEOFF DETERMINATION TO

THE QUOTE/OFFER THAT REPRESENTS THE BEST VALUE TO THE

GOVERNMENT.

2) THE GOVERNMENT INTENDS TO AWARD A PURCHASE ORDER AS A RESULT

OF THIS SOLICITATION. WRITTEN ACCEPTANCE BY THE CONTRACTOR IS

NOT REQUIRED.

(END OF PROVISION)

STATEMENT OF WORK

NAVAL VESSEL is in need of Wardroom, Chief Petty Officer’s Mess and CMC office upgrades

Statement of work for renovations for the Wardroom, CPO Mess, and CMC office. Contractor has from 15 FEB through 10 MAR 2020 to accomplish all requirements listed below. Contractor may need to work weekends and nights to meet requirement.

For the entire order: Ship’s Representatives to select colors upon award of contract. All shipboard furnishings shall be constructed IAW MIL-PRF-32038A. All materials shall meet the fire performance requirements of MIL-STD-1623. The following certificates will be required: a habitability certificate, objective evidence of fire tests and a certificate of conformance to certify the fabrics have been treated so they are not flammable. Contractor must provide sketches for approval prior to fabrication of requested items.

Wardroom:

Fabricate Salad Bar & Sneeze Shield Display

Contractor shall remove sideboard cabinets directly under service window and dispose of material, grinding the base of the current sideboard flush with the deck and redo PRC, same color blue as the rest of the deck in space.

Contractor must keep sideboard cabinet to the left of PKP bottle intact for use. Paint as needed.

Contractor shall fabricate and install cold food counter and cabinet. Size approx. 49”L x 25”W and be flush in height with adjacent sideboard. Countertop shall be fabricated from 12 GA CRES #4 with front and right side marine edges, 6”H back and left side splash with kink.

Contractor to fabricate cold food counter cabinet with wood replica laminate covering matching existing countertop laminate in wardroom mess with CRES edge protectors, (2) pair double pan CRES edge doors with laminate inlay, continuous CRES hinges and CRES paddle latches. Install with (6) each 8”H CRES adjustable legs with deck pads and (2) each height adjustable shelves and fully removable inside the salad bar.

Contractor shall fabricate and install (1) each CRES shelf display mounted on top of salad bar sneeze guard with a clear acrylic shelf and one angled clear acrylic sneeze shield with stainless steel top and sea retainer, panel on right side, and left side or back mount of counter top. Shall be fabricated from 1-1/4” stainless steel tubing frame, 1/4” acrylic panels shall have CRES edge channels and be removable for easy replacement. .

Contractor shall install single tube LED lighting under sneeze shield for salad bar. Contractor will be responsible for ensuring fixture is compatible with shipboard LED bulbs utilized in overhead. Contractor shall route wiring to any lighting junction box in the overhead utilizing existing circuits and ensure salad bar lights have their own switch.

Contractor shall fabricate and install an insulated CRES ice pan fabricated from 16 GA CRES #4 approx. 36”L X 20”W X 8”D with drain, install on left side of counter. Contractor shall install 3/4” CRES drain piping and cut-off valve from pan through bulkhead under service window piping shall be routed to the deck drain located under toaster counter in wardroom galley.

Provide and install the following equipment: (1) each bowl lowerator APW/WYOTT, Model L-6.5. Salad bowl size is 9-1/2”.

Renew False Overhead.

Contractor shall replace all of the overhead grid panels with new metal, insulated architectural powder coated metal panels Type “F” IAW type drawing 804-5000994 and MIL-I-22023.

Provide Chairs and Dining Table Cover

Contractor shall provide wardroom with 17 new upholstered and cushioned chairs per MIL-STD-1623 chairs of type B-3b-3A made out of blue vinyl to match the remainder of the wardroom mess. Contractor shall provide sample of vinyl prior to execution. Chair frames must have a clear satin finish and non-slip glides as per NAVSEA DWG S3200-860055.

Contractor shall provide vinyl chair covers for all 17 chairs provided. Cover shall fit chair properly with 2” space between cover and deck to avoid deterioration from contact between deck and cover. 10 of the 12 chair covers shall have a gold embroidered surface warfare officer device approximately 12”L x 5”W. (1) each chair cover shall have the letters “CO” embroidered on the back with 3”H gold letters and have a gold command-at-sea pin emblem directly embroidered underneath measuring 5” x 5”. (1) each chair cover shall have the letters “XO” embroidered on the back with 3”H gold letters. Contractor shall provide design and drawing prior to fabrication.

Computer Desk

Contractor shall fabricate computer desk similar to SFC B-5A-2 DWG No 805-2224391 measuring 19”W x 39”L x 34-1/2”H. Desk shall only have one drawer on the top left side and have no drawers on the bottom L side, contractor shall fabricate a compartment approximately 18”W x 19”D to serve as a printer housing. Contractor shall ensure that back of desk has access holes to pass wires through. Desk shall also have a pull-out writing shelf, 4”H back splash and 3”H aluminum legs. Desktop and frame shall be laminated to match remainder of wood like laminate in wardroom.

CPO Mess:

Sofa fabrication and installation

Contractor shall remove existing sofa and 6’ counter partition behind sofa, cut, grind, prime and paint any existing deck frames located where items were removed and dispose of material. Contractor shall fabricate and install an L-shaped sofa as per SFC No B-3A-13 and its sections. Right arm section 2 seat (B-3A-13b) shall measure 50”W x 32”D x 34”H, corner section (B-3A-13b) shall measure 32”W X 32”D x 34”H and Left arm section (B-3A-13A) shall measure 64”W x 32”D x 34”H. Sofa shall be upholstered in Vinyl. Sub-base shall be aluminum and color shall match rest of deck. Contractor shall install 4 secure-for-sea lanyards with CRES latching clips on in each corner of the left and right sections and lanyard shall be long enough to properly secure the couch to the 4 eyelets being installed.

Contractor shall weld 4 secure-for-sea eyelets installed in specific locations where the left and right side seating corners will be located to allow for proper securing for sea.

Current Table modifications

Contractor shall fabricate and replace top for existing table located near fan coil unit. Contractor shall utilize existing base and dispose of material removed from original table. New tabletop shall match the current table in laminate color and material and have sea rails installed in all 4 sides. New tabletop shall measure 63”L x 30”W.

Table shall be centered in a way where there is enough room between fan coil unit and table for someone to pass through. Table must also have room between itself and adjacent table on right for personnel to enter and exit properly.

Contractor shall fabricate and replace top for existing table located near entrance door. Contractor shall utilize existing base and dispose of material removed from original table. New tabletop shall match the current table in laminate color and material and have sea rails installed in all 4 sides. New tabletop shall measure 81”L x 30”W.

Table shall be centered in a way where there is space between front door and table where personnel can walk in and utilize table simultaneously.

CMC Office

Contractor shall remove existing bookcase located above desk, dispose of material and install double door cabinet SFC No B-6A-4 measuring 40”L X 14-1/2”D x 31”H. Cabinet shall have 4 adjustable and removable shelves.

Contractor shall remove existing desk and install new desk measuring SFC No B-5A-2 measuring 39-3/4“L x 30”W x 34-1/2”H. Desk shall have wood like laminate, a pull-out writing shelf and box/box/file drawer configuration installed on the left side of the desk. Frame shall be painted eggshell to match compartment color.

Contractor shall remove filing cabinet located in far left corner of space, grind, sand and refinish PRC where base was for filing cabinet. Contractor shall remove trim currently holding filing cabinet and paint as needed.

Contractor shall install (1) each 3-man transom seat SFC B-3A-19 Type II with 3 lockers with hinged seat pans for 3 men without drawers. Seating shall measure 72”L x 21”D x 35”H. Seating shall be upholstered with light brown vinyl and base material shall be painted the same color as the rest of the space.

Milestone Plan

Contractor is to provide POAM and schedule Level 1 work plan to ships representative and attend status meetings as required. NAVSEA standard items are applicable where required and lead testing is required prior to hot work.

Contractor shall comply with requirements of NAVSEA TS9090-310D and have a NAVSEA approved QA manual.

Contractor shall comply and manufacture furniture with materials and construction details according to type and standard drawings as referenced.

ECMRA

Per NMCARS 5237.102-90 (and KM Highlight 18-54):

ALL ACTIONS FOR SERVICES AND SUPPLIES W/ DEFINED REQUIREMENTS FOR SERVICES (except excluded PSCs) THE FOLLOWING STANDARD LANGUAGE MUST BE INCLUDED IN PWS:

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for MESS DECK RENOVATION AND OFFICE UPGRADE via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs).

The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom-Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY

The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil/Default.aspx. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

Contractors may direct questions to the help desk, linked at https://www.ecmra.mil/Default.aspx.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

RENOVATION WARDROOM

FFP

SEE STATEMENT OF WORK

FOB: Destination

MILSTRIP: R501259330S202

PURCHASE REQUEST NUMBER: R501259330S202

PSC CD: 7125

NET AMT

000101

HABITABILITY CERTIFICATE

FFP

A copy of the Habitability Certificate must be submitted to the FLCPS POC identified herein, AND must accompany the invoice submission for each delivery.

000102

OBJECTIVE EVIDENCE OF FIRE TESTS

FFP

A copy of the Objective Evidence of Fire Tests must be submitted to the FLCPS POC identified herein, AND must accompany the invoice submission for each delivery.

000103

CERTIFICATE OF CONFORMANCE

FFP

A copy of the Certificate of Conformance required at FAR 52.246-15 must be submitted to the FLCPS POC identified herein, AND must accompany the invoice submission for each delivery.

RENOVATION, CPO MESS

FFP

SEE STATEMENT OF WORK

000201

HABITABILITY CERTIFICATE

FFP

000202

OBJECTIVE EVIDENCE OF FIRE TESTS

FFP

A copy of the Objective Evidence of Fire Tests must be submitted to the FLCPS

000203

CERTIFICATE OF CONFORMANCE

FFP

A copy of the Certificate of Conformance required at FAR 52.246-15 must be submitted to the FLCPS POC identified herein, AND must accompany the invoice submission for each delivery.

RENOVATION, CMC OFFICE

FFP

SEE STATMENT OF WORK

000301

HABITABILITY CERTIFICATE

FFP

000302

OBJECTIVE EVIDENCE OF FIRE TESTS

FFP

A copy of the Objective Evidence of Fire Tests must be submitted to the FLCPS

000303

CERTIFICATE OF CONFORMANCE

FFP

A copy of the Objective Evidence of Fire Tests must be submitted to the FLCPS

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 000101 N/A N/A N/A N/A 000102 N/A N/A N/A N/A 000103 N/A N/A N/A N/A 0002 Destination Government Destination Government 000201 N/A N/A N/A N/A 000202 N/A N/A N/A N/A

000203 N/A N/A N/A N/A 0003 Destination Government Destination Government 000301 N/A N/A N/A N/A 000302 N/A N/A N/A N/A 000303 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-FEB-2020 TO

10-MAR-2020

N/A N/A

FOB: Destination

000101 N/A N/A N/A N/A

000102 N/A N/A N/A N/A

000103 N/A N/A N/A N/A

0002 POP 15-FEB-2020 TO

10-MAR-2020

FOB: N/A

000201 N/A N/A N/A N/A

000202 N/A N/A N/A N/A

000203 N/A N/A N/A N/A

0003 POP 15-FEB-2020 TO

10-MAR-2020

FOB: N/A

000301 N/A N/A N/A N/A

000302 N/A N/A N/A N/A

000303 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May

2011) Alternate I

MAY 2011

52.223-5 Alt II Pollution Prevention and Right-to-Know Information (May 2011) Alt II

MAY 2011

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

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

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-17 Government Delay Of Work APR 1984 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

252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

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

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

(b) The Offeror represents that--

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

ALTERNATE I (OCT 2014)

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

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

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

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

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

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

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

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

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

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

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

Line Item No.: Country of Origin:

[List as necessary]

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

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

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

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax…