W564KV-19-Q-0004_Amendment_III.pdf

SEE ADDENDUM

(No Collect Calls)

W564KV19Q0004 31-Dec-2018

b. TELEPHONE NUMBER

06111435426847

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 12 Feb 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.

W564KV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAYTEN REDFEARN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TCC-KAISERSLAUTERN

KLEBER KASERNE MANNHEIMER STRASSE 238

BLDG 3233

67657 KAISERSLAUTERN

GERMANY

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 WK4UT1 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ATTN; SCOTT SEITZ/TAVIS MOSHIER

ATTN; SCOTT SEITZ/TAVIS MOSHIER

14TH SUITE MIHAIL KOLGANICEAU

907195 CONSTANA ROMANIA

ROMANIA

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

333241

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 OF37

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.

W564KV19Q0004

Section SF 1449 - CONTINUATION SHEET

DFAC EQUIP SPECIFICATIONS

Salient Characteristics

ELIN Requested Item Item Description/Item # /Source

A001 Table Napkin Holder Table Top Napkin Holder- Polished stainless steel - Holds 3 1/2" x 7" napkins -

A002 Table Server Organizer Diner rack holds sugar packets, salt and pepper shakers up to 2/8" diameter, and 2 standard 12 oz. squeeze dispenser. Racks also include space for a napkin holder for full or half size napkins and menu slot

A003 Countertop Organizer

Countertop organizer with included napkin dispenser. Silverware condiment and napkin Durable black polystyrene construction size: 4-1/2 " - 5 x 6-1/2 " 14-3/4" H x 10"W x 17" D Min dimensions: 3 ½” - 4x4” 12”1/2” H x 8”W x 14” D, Max dimensions: 6” - 6 ½” 14-3/4” H x 12”W x 18”D

A004 Slush Machines Double Hoppers Adjustable slush mode/cold beverage mode self-closing spigots; 27 3/4" H x 18 1/4" D Min dimensions 26”H x 16”D, Max 28 ½” H x 20”D Capacity 10 liters required for Romania: 230V/50Hz/1Ph, with Schuko plug and CE-certification

A005 Salt and pepper shakers Height 3 7/16" Maximum diameter 2 " Capacity - 2 oz., color- clear, lid type-stainless steel, material-glass, shape-round. Min dimensions: 2 /12” H x Min diameter 1 ½ “ Max dimensions: 3 ½” H x Max diameter 2 ½”

A006 Self-service slant front display cases Front hinged single door, double hinged rear doors for restocking. Size Medium: 14" W x 17 1/2 D x 17" H Min dimensions: 12” W x 14 ½ D x 16”, Max dimensions: 16” W x 18 D x 18” H

A007 Chafer Cover Rectangular pasty/food cover, Dome shape with end cutout for serving and chrome handles, Clear polycarbonate, 12" x 20 x 7 1/2" high. Fits full size food pans and chafers Min dimensions: 6”x 10” x 7 ½” high, Max dimensions: 12” x 20” x 8” high

A008 Salad and Pasta Tongs Made from high grade nylon heat resistant to 204C/400F. Can be used for hot or cold products, dishwasher safe 2 year warranty, color: black 12 each, beige 12 each, and white 12 each

A009 Catering Carriers Insulated compartments to keep food hot or cold for up to 6 hours, flexible pans sizes and arrangements, accommodating up to 10 pans, Includes 5" heavy-duty non marking swivel casters; 2 swivel with 1 non-locking and 1 locking for easy transport

A010 Plastic Serving Spoons Large flat edge for easy scooping, Long handles for easy reach durable SAN material , dishwasher safe, sleek classic styling; hand washable; heat resistant to 204C/400F

A011 Carly Tongs Made of strong plastic material, dishwasher safe NSF listed, one piece polycarbonate construction is durable break resistant, resists food acids and oils.

A012 Indoor/Outdoor -Trash Container with Casters

Heavy duty construction with double reinforced stress ribs, super strength axle and oversize traction wheels for hauling heavy loads. Sturdy hinged lids flips open 270 degrees and snaps shut tight, 50 gallon capacity No less than 36 gallon capacity

A013 Trash Containers Kitchen Heavy duty seamless construction for maximum strength, stackable with lid on and nest able with lid off, 55 gallon capacity No less than 36 gallon capacity

A014 Buffet Hot Food Electric

Five (5) well capacity, stainless steel top with 4" casters w/glass over shelf and tray wells, (Requested dimensions per equipment location: H Between 145 & 149 centimeters, L between 176 & 180 centimeters , D between 66 & 70 centimeters. 400V/50Hz/3Ph, respective special plug. No cutting board is required. but a stainless steel tray rack is required.

A015 Serving Line, Cold Stainless steel casters and sneeze guards, 5 or 6 pan capacity, (Requested dimensions per equipment location, H Between 145 & 149 centimeters, L between 176 & 180 centimeters , D between 66 & 70 centimeters. 230V/50Hz/1Ph, with Schuko plug and CE-certification

A016 Tray Silverware Holder Stainless steel tray and utensil holder made for trays & utensils, must organize trays and accessories for self-service all in one compact unit. Holds silverware 32-3/8" X 21-1/4 " x 45-1/2" Min dimensions: 24 1/2” x 12 ½”x 24”, Max dimensions: 36” x 24” x 46”

A017 Heated Cabinet Mobile, Double Door

Warmer food electric, single phase, heats up to 200 F High temperature ceramic magnetic latches, twist lock catch secures door during transport, recessed push/pull handles on both sides prevents damage to walls, allows easy maneuvering. 230V/50Hz/1Ph, with Schuko plug and CE-certification. 24 Pan Capacity 18x26”.

A018 Heated Cabinets, Single Door Min dimensions: H 192 centimeters, W 70 centimeters, D 80 centimeters. Max dimensions: H 208 centimeters, W 72 centimeters, D 80 centimeters. 230V/50Hz/1Ph, with Schuko plug and CE-certification. 12 Pan Capacity 18x26”.

A019 Commercial Microwave Ovens

Stainless Steel construction inside and out, designed for heavy volume in line kitchens or front of house accommodates up to a 13" platter of food, 5 power levels, 4 cooking stages.

(Requested dimension's per equipment locations, L Between 53 min & 57 max centimeters, H between 35 min & 39 max centimeters, D 51 min & 55 max centimeters.

230V/50Hz/1Ph, with Schuko plug and CE-certification.

A020 Panini Grills Heavy duty cast iron plates, temperature control 120F - 570F Grill size 8" x 8", removable stainless steel oil tray double grill includes two electric cords for independent use.

230V/50Hz/1Ph, with Schuko plug and CE-certification.

A021 Waffle Maker 7" Round Belgian Double waffle maker, diameter 1-1/4" 230V/50Hz/1Ph, with Schuko plug and CE-certification

A022 Soup Kettles with Full-size Warmer w/Pan

Adjustable temperature control, black powder coat exterior, stainless steel hinged lid and food insert, holds 10 1/2 quarts, 230V/50Hz/1Ph, with Schuko plug and CE-certification

A023 Refrigerated Pastry Display Case

Pastry Display Cabinet , Fluorescent lighting, two (2) rear doors, durable non-peel or chip laminated white vinyl exterior, hold temperature 38 F - 40 F, stainless steel top 37.2 cubic feet storage capacity Min dimensions: 48”W x 39”D x 49”H, Max dimensions: 59” W x 36”D x 44” H 230V/50Hz/1Ph, with Schuko plug and CE-certification

A024 Horizontal Freezer Curved Lid, temperature range 12F to -8F Includes baskets, dividers, and locks, 2 1/2 casters includes 4 baskets 13.6 cubic feet storage capacity. Min capacity 9 cubic feet 230V/50Hz/1Ph, with Schuko plug and CE-certification

A025 Ice Cream Cabinets (Lighted)

White Laminated vinyl clad steel exterior 300 series stainless steel top with raised rim to protect the cabinet and reduce spillage into the interior, white enamel powder coated galvanized steel interior, stainless steel frame canopy with tempered hard coated, storage capacity 20 tubs 230V/50Hz/1Ph, with Schuko plug and CE-certification

A026 Soft Serve Ice Cream Machine

Soft serve ice cream and frozen yogurt machine is high volume floor unit. Features durable stainless steel exterior and produces up to (14) 4 oz. servings per minute. Three dispensing heads and a pressurized cabinet deliver even consistent products during the busiest rushes. 230V/50Hz/1Ph, with Schuko plug and CE-certification

A027 High Power Blenders Heavy duty 3.5 HP peak output motor, 64 oz. unbreakable polycarbonate container. One piece dishwasher safe removable jar pad. 230V/50Hz/1Ph, with Schuko plug and CE-certification.

A028 Crowd Guidance System Heavy duty stainless steel stanchions feature a 4-way cassette, includes black retractable belt, plastic bottom and black powder coated stainless steel finish

A029 Garment Rack Garment rack with adjustable hanging rod/hat shelf, constructed of durable chrome finish, chrome hangers, bottom shelf provide additional storage and

A030 Reach In Refrigerators (Single Door)

Single glass door, temperature range 33F - 38F, stainless steel, fluorescent interior lighting, dial exterior mounted thermometers, 4" swivel casters, storage capacity 23 1/2 cubic feet. Min storage capacity 12 cubic feet. 230V/50Hz/1Ph, with Schuko plug and CE-certification.

A031 Reach In Refrigerators (Double Door) Double Door, Temperature range 33F - 38 F, 49 cubic feet storage capacity, 8 storage shelves, 4" swivel casters. 230V/50Hz/1Ph, with Schuko plug and CE-certification.

A032 Countertop Ice Dispenser Stainless Steel cabinet with ice sign, dispense any size cube ice up to 1" square push level dispenser , large drain pan, holds 150 lbs. of ice, does not produce ice Min storage capacity 90 lbs. of ice. 230V/50Hz/1Ph, with Schuko plug and CE-certification.

A033 Paper Cup Dispenser for dispensing beverages, accommodates cups from 8 to 46 oz., includes 4 pre-cut easy to change gaskets

A034 Bulk Straw Dispenser Properly aligns straws, heavy gauge metal housing, durable and easily cleanable

A035 Coffee Peculators

Automatic temperature control continuously keeps coffee warm and ready to serve. Red indicator light signals when coffee is done brewing. Heat resistant handles and knob. Clear water level gauge. 60 cup capacity Min cup capacity 40 cup. 230V/50Hz/1Ph, with Schuko plug and CE-certification.

A036 Double Coffee Urn

10 gallons (5 gallon each) 20 gallon water tank capacity, two separate spigots (Requested dimensions per equipment locations H 59 centimeters, L 100, D 50 centimeters. Min dimensions H 80 centimeters, W 96 centimeters, D 52 centimeters. 400V/50Hz/3Ph, respective special plug required.

A037 Sink Four (4) Compartment XXX Large Sink capable to fit 25 gallon pots, stainless steel construction, Heavy duty support legs. L114”xW28”xH36”. SINK: 24L X 24W X 16D, 14 gauge 304 stainless steel

A038 Ventilated Storage Shelving Heavy duty plastic, ventilated design for moisture and dust free storage, quick assembly socket and column system. L48”xH70”xD36”

A039 Bus Cart Min dimensions 32”W x 16” D x 28” H, Max dimensions 36”W x 18”D x 32” H.

A040 Utility Cart Heavy Duty smooth plastic construction, will not chip, crack, rust or dent 200 lbs. shelf capacity. Two fixed swivel 5" non-marking casters for stability and maneuverability

A041 Folding Utility Platform Cart (Truck) 32 1/2 " Fold Down handles for asy storage 2 swivel /2 rigid rubber wheel casters, protective vinly bumpers, solid non-skid vinly deck with enamel frame finish, 600 lb capacity truck has 19x29" deck and 4" casters

A042 Pan Rack/Cover/Pan Kit Front load aluminum pan rack, 3" shelf spacing, Heavy Duty 5" caster, reinforced uprights, 18 Pan capacity

A043 Grease Proof Mat Grease proof provides excellent foot comfort and traction, 1/2 thick and beleled on all sides, mold and mildew resistant

A044 Color Coded Cutting Boards Polyethylene material, durable and dishwasher safe. Dimensions: 18”x24”

A045 Stainless Steel Knife Rack Durable stainless steel knife rack, dishwasher safe, holds up to 5 knives, 2 cleavers, and 2 sharpening stones.

A046 Safety Glove PVC coated space age filaments allow the glove to remain soft and flexible.

Ambidextrous, washable and bleach safe, medium and large size

A047 Extra Large Mixing Bowl and Stand 30 Quart, stainless steel mixing bowl with mirror finish. Chrome plated tubular stand with undershelf and casters Min 20 quart capacity

A048 Mobile Ingredient Bins Two Section tilt and slide lid for easy access. lid design must prevent cross contamination.

Non-marking 3" casters fixed and 2 swivel

A049 Onion / Vegetables Slicer heavy duty metal blades

A050 Heat Lamp 2 Bulb Anodized aluminum shades 12" x 20 heating area, on-off switch, adjustable in height from 20" to 29 " (Requested Dimensions per equipment locations: L 71 centimeters, H 58 centimeters, D 50 centimeters. 230V/50Hz/1Ph, with Schuko plug and CE-certification.

A051 Heat Lamp Carving Station

Coated shatter resistant incandescent light bulbs, temperature settings for the ceramic heat element, heights can be adjusted 17 1/2" up to 23 1/2" (Requested Dimensions per equipment locations: L 71 centimeters, H 58 centimeters D 50 centimeters) Min dimensions: L 69 centimeters, H 54 centimeters D 50 centimeters. Max dimension: L 78 centimeters, H 78 centimeters, D 66 centimeters. 230V/50Hz/1Ph, with Schuko plug and CE-certification

A052 Holding Drawers (Bread Warmer)

2 Drawer, heavy duty stainless steel construction, fully insulated on all sides, electronic controls 100F -200F digital temperature control LED temperature display and moisture and crispness control. Width 20 7/8 Inches, Depth 27 Inches, Height 21 1/8 Inches Installation Type Freestanding. 230V/50Hz/1Ph, with Schuko plug and CE-certification

A053 Pre-Rinse Faucet Pre-Rinse Unit Pre-Rinse Faucet Wall Mounted 37 1/2" High Pre-Rinse Faucet with Adjustable 8" Centers, Ergonomic Spray Valve, 36" Hose, 12" Add-On Faucet, and 6" Wall Bracket

A054 Rotisserie Oven 34 cubic feet cooking capacity, fast cooking capability and large capacity for high demand periods of food. Unit should be versatile to cook beef, poultry and fish products. Min capacity 32 cubic feet. 400v/50Hz/3Ph, respective special plug required.

A055 Convection Ovens (Double Stack)

Stainless Steel Front, Sides and Top, temperature control adjust from 150F to 500F, 60 minute audible alarm, oven cool switch, 5 oven racks with 11 positions (Requested dimensions per equipment locations: H 180 centimeters, D 75 centimeters, L 103 centimeters Min dimensions. 400v/50Hz/3Ph Special plug required.

H 178 centimeters, L 101 centimeters, D 72 centimeters, Max dimensions: H 180 centimeters, L 102 centimeters, D 74 centimeters

A056 Steamer Combi - Oven

Stainless Steel Front, Sides and Top, Holds 20 each 18" x26" food pans or 40 each 12" x 20 food pans Min dimensions: H 94 centimeters, D 76 centimeters, L 84 centimeters. Max dimensions: H 98 centimeters, D 80 centimeters, L 86 centimeters. 400v/50Hz/3Ph, respective special plug required, CE- Certification.

A057 Work Tables (6 Feet)

6 feet stainless steel tables galvanized steel legs and 72 inches long Min dimensions: H 90 centimeters, W 76 centimeters, L 182 centimeters, Max dimensions: H 91 centimeters, W 80 centimeters, L 182 centimetersWORK TABLE STAINLESS STEEL - GALVINIZED

STEEL 14 GAUGE THICKNESS

A058 Work Tables (4 Feet)

Deluxe Work table with open base and backsplash 24" wide 48" long turned down edges, adjustable cross bracing Min dimensions: H 90 centimeters, W 76 centimeters, L 122 centimeters, Max dimensions: H 91 centimeters W 80 centimeters, L 122 centimeters

WORK TABLE STAINLESS STEEL - GALVINIZED STEEL 14 GAUGE THICKNESS

A059 Griddle Cooking 6 feet cooking surface, 48" stainless steel stands with base. 400v/50Hz/3Ph, respective special plug required, CE- Certification.

A060 Reach In Blast Chiller Two Stage self-contained refrigeration systems energy efficient ,Self closing and stay open features, stainless steel construction. 230V/50Hz/1Ph, with Schuko plug and CE-certification.

A061 Electric Range Unit

Six (6) burner coiled and sealed burner elements, Electro-mechanical heavy duty oven thermostat, (Requested dimensions per equipment locations: H between 108 min & 112 max centimeters, L 158 min & 162 max centimeters D 89 min & 92 max centimeters.

400v/50Hz/3Ph, respective special plug required, CE- Certification.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job DFAC Equipment, Romania

FFP

DFAC Equipment IAW the Salient Characteristics

See Price Exibit FOB: Destination

PSC CD: 7310

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Shipping and Installation, Romania

FFP

Delivery / Ship to Address to MK Air Base, Romania:

Military: US Army Black Sea Area SP SSA Michail Kogalniceanu Airbase PFOS DN2A, Tudor Vladimirescu Street no.8, Constanta, Romania Zip Code 907195

PSC CD: 7310

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 60 dys. ADC 1 ATTN; SCOTT SEITZ/TAVIS MOSHIER

ATTN; SCOTT SEITZ/TAVIS MOSHIER

14TH SUITE MIHAIL KOLGANICEAU

907195 CONSTANA ROMANIA

ROMANIA

WK4UT1

0002 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

WK4UT1

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

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

AUG 2018

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.209-7993 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law -- Fiscal Year 2014 Appropriations (Deviation)

FEB 2014

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7020 Trade Agreements Certificate--Basic NOV 2014 252.225-7021 Trade Agreements--Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation

2015-O0016)

SEP 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

The Government will award a contract resulting from this solicitation to the responsible offeror 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 quotes:

Factor 1- Technical

Quotes will be evaluated on whether the proposed items meet the salient characteristics outlined in the solicitation, and whether the proposed products are Trade Agreement Act (TAA) compliant as demonstrated by the offerors certification listed in 52.212-1. Quotes which fail to meet the salient characteristics or are not TAA compliant will be determined "unacceptable" and will not be considered for award.

Factor 2 – Price

a. The Government will calculate the Total Evaluated Price offered for award purposes by adding the sum of the total price for all priced CLINs. The offeror’s price will be calculated by adding the total of all CLIN/SLIN/ELIN extended prices.

b. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to the intended quote and the total recomputed accordingly. If the quote provides a total amount for a contract item but fails to enter the unit price, the amount divided by the specified quantity will be held to be the intended unit price.

(End of provision)

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

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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

(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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products:

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

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

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

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

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

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

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax…