N68836-14-R-0005.pdf

NAVSUP FLC JACKSONVILLE

CONTRACTS DIVISION

ROGELIO SOLIMAN

110 YORKTOWN AVE, 3RD FL

JACKSONVILLE FL 32212-0097

904-790-4538 904-542-1098

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$25.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N68836-14-R-0005 09-Oct-2013

b. TELEPHONE NUMBER

904-790-4538

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 12 Nov 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

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

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

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N68836

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ROGELIO V. SOLIMAN

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

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

SEE SCHEDULE

541519

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

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N6588613RX3A336

ARE NOT ATTACHED

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

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

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

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

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

N68836-14-R-0005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

CHARON VAX XM PLUS PERPETUAL SOFTWARE

FFP

MANUFACTURER: STROMASYS; PLUS PERPETUAL SOFTWARE

LICENSES FOR WINDOWS

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: CHVX-221-PD-WI

PURCHASE REQUEST NUMBER: N6588613RX3A336

SIGNAL CODE: A

NET AMT

0002 1 Each

ONE YR OF CHARON VAX XM PLUS

FFP

MANUFACTURER: STROMASYS; GOLD SUPPORT (9X5)

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: CHVX-221-UD-WI

0003 1 Each Spare 360 hours usage license key

FFP

Spare 360 hours usage license key for Charon VAX XM plus for Windows on one host system; MANUFACTURER: STROMASYS FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: CHVX-221-SD-WI

0004 1 Each Charon AXP SMA perpetual software

FFP

Charon AXP SMA(Small and Medium Alpha) perpetual software license for windows: unlimited individual license for Charon AXP SMA for Windows on one host system. Includes software, license key, and documentation. Implements 1 virtual CPU and 8GB of Alpha memory; MFR: STROMASYS FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: CHAXP-800IP-WI

0005 1 Each One year of Alpha SMA Gold Software

FFP

MFR: Stromasys; Gold Support (9X5) FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: CHAXP-800IU-WI

0006 1 Each Spare key for Charon AXP SMA

FFP

Spare key for Charon AXP SMA (Small and Medium Alpha) for Windows; Spare 360 hours usage license key for Charon- AXP SMA for Windows on one host system ; MFR: Stromasys FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: CHA-XP-800IS-WI

0007 1 Each Dig Fortran VA TRADITIONAL LICENSE

FFP

MFR: Hewlett Packard; HP Fortran for openVMS/ALPHA Department License.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-MV1AG-AA

0008 1 Each DEC C VA License

FFP

MFR: Hewlett Packard; HP C for openVMS/Alpha Department License.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-MU7AG-AA

0009 1 Each DECset VA TRADITIONAL LICENSE

FFP

MFR: Hewlett Packard; HP DECset for OpenVMS/Alpha Department License.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-MUPAG-AA

0010 1 Each OpenVMS Concurrent 16 Licenses.

FFP

MFR: Hewlett Packard; OpenVMS/VAX and Alpha Operating Systems Concurrent License 16 User.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-MT3AA-3F

0011 1 Each

DEC PASCAL VA TRADITIONAL LICENSE

FFP

MFR: Hewlett Packard; Pascal for OpenVMS/Alpha Departmental License.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-098AG-AA

0012 2 Each TCPware License Alpha WorkGroup

FFP

MFR: Process Software FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: A-CPU-TCPW-WRK

0013 2 Each TCPware Annual Standard Maintenance

FFP

MFR: Process Software FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: N-STD-TCPW-WRK

0014 2 Each TCPware Media and Documentation

FFP

MFR: Process Software FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: N-MCD-TCPW-001

0015 1 Each Dig FORTRAN VV TRAD LIC

FFP

MFR: Hewlett Packard; Fortran 77 for OpenVMS/VAX Workgroup License.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-100AB-AA

0016 1 Each

DEC C VV TRADITIONAL LICENSE

FFP

MFR: Hewlett Packard; HP C for OpenVMS/VAX Workgroup License.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-015AB-AA

0017 1 Each Open VMS V Base VAX 4400 LICENSE

FFP

MFR: Hewlett Packard FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-005A2-6Y

0018 1 Each

OPEN VMS VAX IA 16 USR LIC

FFP

MFR: Hewlett Packard; OpenVMS/VAX Operating System Individual Interactive 16 User Licence.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-XULA9-BF

0019 1 Each

DIGITAL CMS VV TRADITIONAL LICENSE

FFP

MFR: Hewlett Packard; CODE MANAGEMENT SYSTEM OPENVMS VAX

TRADITIONAL LICENSE DEPARTMENT

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-007A2-AA

0020 1 Each

DIGITAL MMS VV TRADITIONAL LICENSE

FFP

MFR: Hewlett Packard; DIGITAL MMS OPENVMS VAX TRADITIONAL

LICENSE.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: QL-VADA2-AA

0021 1 Each HP DL380G7 SFF CTO Server

FFP

MFR: Hewlett Packard; ProLiant DL380 G7 SFF Configure-to-order Server.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 583914-B21

0022 1 Each U.S. English localization

FFP

MFR: Hewlett Packard FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 583914-B21 ABA

0023 1 Kit HP DL380G7 X5690 FIO Kit

FFP

MFR: Hewlett Packard; Pro Liant DL 380 Generation 7 Intel Xeon Processor X5690 (3.46GHz, 6 core, 12 MB/130 W).

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 633410-L21

0024 2 Kit HP 4GB 1Rx4 PC3 10600R 9 Kit

FFP

HP 4GB (1x4GB) Single Rank x4 PC3-10600 (DDR3-1333) Registered CAS-9 Memory Kit.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 593339-B21

0025 6 Each HP 146GB 6G SAS 15K 2.5in DP ENT HDD

FFP

MFR: Hewlett Packard; 146GB 6G SAS 15K SFF (2.5-inch) Dual Port Enterprise 3yr Warranty Hard Drive.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 512547-B21

0026 1 Each HP Slim 12.7mm SATA DVDRW Optical Drive

FFP

MFR: Hewlett Packard; HP Slim 12.7mm SATA DVD-RW Optical Drive

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 481043-B21

0027 1 Each HP SC11Xe HBA

FFP

MFR: Hewlett Packard; SC11Xe Ultra320 Single Channel/ PCIe x4 SCSI Host Bus Adapter.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 412911-B21

0028 1 Each HP 512MB P Series BBWC Upgrade

FFP

MFR: Hewlett Packard; 512MB P-series Battery Backed Write Cache Upgrade FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 462967-B21

0029 2 Each HP NC382T PCIe Dp Gigabit Svr Adptr

FFP

MFR: Hewlett Packard; NC382T PCI Express Dual Port Multifunction Gigabit Server Adapter.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 458492-B21

0030 2 Kit HP 460W CS Gold Ht Plg Pwr Supply Kit

FFP

MFR: Hewlett Packard; 460W Common Slot Gold Hot Plug Power Supply Kit.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 503296-B21

0031 1 Each HP Raid 1 Drive 1 FIO Setting

FFP

MFR: Hewlett Packard; ProLiant Storage - CTO,HP Raid 1 Drive 1 FIO Setting

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 339778-B21

0032 1 Each MS WS08 R2 STD Ed FIO E F I G S SW

FFP

MFR: Hewlett Packard; Microsoft Windows Server 2008 R.2 Standard Edition 64-bit.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: 589248-B21

0033 1 Each HP 3 Yr 4 Hour 24x7 with DMR HW Support

FFP

MFR: Hewlett Packard; Care Pack Hardware Support with Defective Media Retention - 3 Year - 24 x 7 x 4 Hour FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: HG927A3

0034 1 Each HP Proliant DL38x p Hardware Support

FFP

MFR: Hewlett Packard FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: HG927A3 7G3

0035 1 Each HP Installation Service

FFP

MFR: Hewlett Packard FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: HA113A1

0036 1 Each 300 Series Hardware Installation Service

FFP

MFR: Hewlett Packard FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: HA113A1 5A6

HP Insight Control ML DL BL Bundle E-LTU

FFP

MFR: Hewlett Packard; Insight Control including 1yr 24x7 Support ProLiant ML/DL/BL-bundle Electronic License

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: TC278AAE

0038 1 Each HP 3y 24x7 Software Support

FFP

MFR: Hewlett Packard; HP Care Pack 24x7 Software Technical Support - 3 years.

FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: HA107A3

0039 1 Each HP IC ML-DL-BL Software Support

FFP

MFR: Hewlett Packard FOB: Destination

MILSTRIP: N6588613RX3A336

MFR PART NR: HA107A3 4YD

0040 1 Each Install Host Server and Windows software

FFP

FOB: Destination

MILSTRIP: N6588613RX3A336

0041 1 Each Migrate virtual images

FFP

Migrate virtual images for existing VAX and Alpha systems FOB: Destination

MILSTRIP: N6588613RX3A336

0042 1 Each Install software

FFP

Install software to create one additional emulated VAX and one additional emulated Alpha system.

FOB: Destination

MILSTRIP: N6588613RX3A336

Provide basic instruction

FFP

Provide basic instruction on installation, setup, maintenance of Charon systems, and one year product support.

FOB: Destination

MILSTRIP: N6588613RX3A336

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government 0030 Destination Government Destination Government 0031 Destination Government Destination Government 0032 Destination Government Destination Government 0033 Destination Government Destination Government 0034 Destination Government Destination Government 0035 Destination Government Destination Government 0036 Destination Government Destination Government 0037 Destination Government Destination Government 0038 Destination Government Destination Government 0039 Destination Government Destination Government 0040 Destination Government Destination Government 0041 Destination Government Destination Government 0042 Destination Government Destination Government 0043 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 90 dys. ADC 1 N/A

FOB: Destination

0002 90 dys. ADC 1 N/A

0003 90 dys. ADC 1 N/A

0004 90 dys. ADC 1 N/A

0005 90 dys. ADC 1 N/A

0006 90 dys. ADC 1 N/A

0007 90 dys. ADC 1 N/A

0008 90 dys. ADC 1 N/A

0009 90 dys. ADC 1 N/A

0010 90 dys. ADC 1 N/A

0011 90 dys. ADC 1 N/A

0012 90 dys. ADC 2 N/A

0013 90 dys. ADC 2 N/A

0014 90 dys. ADC 2 N/A

0015 90 dys. ADC 1 N/A

0016 90 dys. ADC 1 N/A

0017 90 dys. ADC 1 N/A

0018 90 dys. ADC 1 N/A

0019 90 dys. ADC 1 N/A

0020 90 dys. ADC 1 N/A

0021 90 dys. ADC 1 N/A

0022 90 dys. ADC 1 N/A

0023 90 dys. ADC 1 N/A

0024 90 dys. ADC 2 N/A

0025 90 dys. ADC 6 N/A

0026 90 dys. ADC 1 N/A

0027 90 dys. ADC 1 N/A

0028 90 dys. ADC 1 N/A

0029 90 dys. ADC 2 N/A

0030 90 dys. ADC 2 N/A

0031 90 dys. ADC 1 N/A

0032 90 dys. ADC 1 N/A

0033 90 dys. ADC 1 N/A

0034 90 dys. ADC 1 N/A

0035 90 dys. ADC 1 N/A

0036 90 dys. ADC 1 N/A

0037 90 dys. ADC N/A

0038 90 dys. ADC 1 N/A

0039 90 dys. ADC 1 N/A

0040 90 dys. ADC 1 N/A

0041 90 dys. ADC 1 N/A

0042 90 dys. ADC 1 N/A

0043 90 dys. ADC N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Items JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items JUL 2013 52.247-34 F.O.B. Destination NOV 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7000 Buy American--Balance Of Payments Program Certificate JUN 2012 252.225-7001 Buy American And Balance Of Payments Program DEC 2012 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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 lowest price technically acceptable source selection process will be utilized. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The following factors shall be used to evaluate offers:

Technical Capability – Offeror shall demonstrate an understanding of the solicitation requirements by describing in detail, their approach and plan to perform and manage the work specifically required by the statement of work (SOW). The technical approach must identify the methodology and analytical techniques the offeror will use to fulfill the SOW requirements.

1. The offeror shall describe how data copied by USG personnel from the existing Charon virtual servers at Lakehurst will be migrated onto the system being installed at FRCSE.

2. The offeror shall describe the process that will be used to demonstrate that their proposed set of server hardware and host software meets or exceeds the requirement that the server duplicate the function of the Lakehurst Charon installation in all modes of operation.

3. The offeror shall describe what protocols and standards are in use that allows the virtual servers to be accessible from within the local area network.

4. The offeror shall describe the depth of knowledge transfer to the USG system administrator that is to occur during the installation period.

The following adjectival ratings apply for technical capability:

Acceptable – Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable - Proposal does not clearly meet the minimum requirements of the solicitation.

Past Performance – Offeror shall submit a minimum of two Past Performance Surveys for the past three years for work that is the same to that required in the Statement of Work (SOW). The survey shall be submitted by the individual completing the questionnaire prior to RFP closing date. Offeror can provide other information (verifiable references) that may be relevant in determining past performance history for the same work. Please ensure the point of contact information is current at time of submission.

The following adjectival ratings apply for past performance:

Acceptable - Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Or, the offeror’s performance record is unknown.

Unacceptable - Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Price – The Offeror’s price proposal shall be evaluated to determine if it is complete, consistent and reasonable with the Offeror’s technical approach, and reflects a clear understanding of the solicitation requirements. Price is not scored or numerically weighted; it will be determined fair and reasonable utilizing price analysis and/or cost analysis if required.

If needed in its evaluation, the Government may use commercial published data, same or similar DOD contracts, Government Estimates, industry standard, DCAA audit information, or other information as deemed appropriate by the Government.

The Government will evaluate proposal for award purposes by adding the total price for all options, if options are included, 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 the options shall not obligate the Government to exercise the option(s).

All non-cost factors are of equal importance. If the contractor receives an “unacceptable” rating in any one factor or sub factor, they will be considered overall “unacceptable”.

Note: Failure to furnish a complete package may render the offer/proposal unacceptable.

The Government may award a contract on the basis of initial offers received without discussions. Therefore, each initial offer must contain the Offeror’s best terms for meeting the requirements of the SOW, providing the information required by the selection criteria, and for providing the best possible service and product to the Government.

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 and 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 (AUG 2013)

ALTERNATE I (APR 2011)

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

(a) Definitions. As used in this provision:

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

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

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

https://www.acquisition.gov/

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

https://www.acquisition.gov/

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ballot] is, [ballot] 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

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

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

____Black American.

____Hispanic American.

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

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

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

____Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--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 Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,”

“domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-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 Act--Free Trade Agreements--Israeli Trade Act'':

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

[List as necessary]

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

Other Foreign End Products:

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

(2) Buy American 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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—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 Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

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

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

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

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

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

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

Other End Products

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

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

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

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

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

(4) [ballot] Have, [ballot] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

Listed End Product • Listed Countries of 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,…