Sol_140F0421Q0082.pdf

140F0421Q0082

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/23/2021 0040533581

1 20

300 WESTGATE CENTER DRIVE

HADLEY MA 01035-9589

FWS, DIVISION OF CONTRACTING AND GE

12/31/2021

FWS MCFADDIN NWR

P.O. BOX 358

SABINE PASS

TX 77655-0358

505 248-6446Joni Dutcher

07/09/2021 1200 ES

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

A-1 Limestone Road Base for Legacy Region 2 FWS McFaddin NWR, TX

Contracting POC: joni_dutcher@fws.gov Technical POC: ernie_crenwalge@fws.gov

This is a Request for Quote as described in the Specification to provide A-1 Limestone Road Base.

Note: In the event of uncontrollable occurrences (i.e. pandemic, natural disasters, defense against attack on the USA, Federal furlough, etc.) affecting the completion of this order, the contractor shall only bill for product received up to the date and time of the uncontrollable occurrence. Any remaining funds will be Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 20

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140F0421Q0082 de-obligated from the order without further claim or compensation, including a Fixed-Price contract/Order.

** Vendors must be registered in SAM (www.SAM.gov

- registration is free) to be eligible for award.

All questions shall be in writing and emailed to joni_dutcher@fws.gov

Period of Performance: 08/01/2021 to 07/31/2022

00030 7700 tons Limestone road base belly dump

Period of Performance: 05/04/2021 to 12/31/2021

00040 2310 tons Limestone road base delivered

Period of Performance: 05/04/2021 to 12/31/2021

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

COMBINED SYNOPSIS/SOLICITATION

LIMESTONE ROAD BASE FOR MCFADDIN NWR, TX

140F0121Q0082

XIV. Provisions and Clauses:

FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

FAR 52.202-1 Definitions (JUN 2020)

FAR 52.203-3 Gratuities (APR 1984)

FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014)

FAR 52.203-3 Gratuities (APR 1984)

FAR 52.203-7 Anti-Kickback Procedures (JUN 2020)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)FAR FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (Oct 2018)

FAR 52.232-1 Payments (APR 1984)

FAR 52.232-11 Extras (APR 1984)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

FAR 52.242-13 Bankruptcy (JUL 1995)

FAR 52.243-1 Changes-Fixed-Price (AUG 1987)

FAR 52.246-2 Inspection of Supplies-Fixed-Price (AUG 1996)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

FAR 52253-1 Computer Generated Forms (JAN 1991)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2021)

DIAR 1452.201-70 Authorities and delegations (SEP 2011)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

NOTICE TO CONTRACTORS (CPARS)

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)(APR 2013)

Additional Information

FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

(SEPT 2007)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

140F0121Q0082

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015)17

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

52.217-5 Evaluation of Options (JUL 1990)

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020)

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.212-1 Instructions to Offerors -- Competitive Acquisition (Jan 2017)

52.212-2 Evaluation - Commercial Items. (OCT 2014)

52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

52.216-1 Type of Contract (APR 1984)

52.233-2 Service of Protest (SEPT 2006)

List of Attachments:

140F0121Q0082

I. This is a solicitation for commercial items prepared in accordance with the format in Subpart 12.6. This is a combined synopsis/solicitation and this announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04, Effective 19 January 2021.

II. This procurement is for five (5) customized native seed mixes for the U.S. Fish & Wildlife Service, McFaddin National Wildlife Refuge, Sabine Pass, TX.

III. This requirement is being procured in accordance with FAR Part 12, Acquisition of Commercial Items; and in accordance FAR Part 13, Simplified Procedures for Certain Commercial Items. This requirement is being solicited as full and open competition with small business set-aside. The NAICS Code associated with this requisition is 212319 with a small business size standard of 500. Buyer intends to issue a firm-fixed price Purchase Order (PO).

Period of Performance: The effective period of this PO shall extend from August 1, 2021 to July 31, 2022.

IV. Offerors are cautioned that the Contracting Officer (CO) is the only authorized Government Representative who can make contractual changes once an award is made. No unauthorized person(s) shall make any commitment, in any form or manner that will modify or otherwise affect the terms and conditions of the contract. In the event the contractor effects any such change at the direction of any unauthorized person, the change shall be considered to have been made without authority and no adjustment shall be made to the contract price to cover any increased costs incurred as a result thereof.

V. Government Representative (GR): Authorized Government Point of Contact for this order is Ernie Crenwelge, Ernie_Crenwelge@fws.gov.Ernie does not have the authority to make any changes to the PO.

VI. Description: Prospective bidders shall bid on per ton of the following line item based on the information provided in the specifications. Quote shall be submitted on a cost per ton basis to include delivery charges.

VII. Delivery Location: The location is approximately 13.7 miles south/southeast of the intersection of Highway 73 and Big Hill Road with coordinates being 29.732664° N, -94.098802° W

The contractor shall provide the Refuge Manager, Ernie Crenwelge, McFaddin NWR, 7950 South Gulfway Drive, Sabine Pass, TX 77655; 409-971-2909; kevin_goldie@fws.gov with notice at least 24 hours prior to delivery to ensure Government staff and equipment will be available to receive and inspect delivery.

Deliveries shall be delivered between Monday thru Friday from 8:00 AM to 4:30 PM (PST), except Federal Holidays The designated Government Inspector will inspect and inventory upon delivery by the Technical POC or their designee.

VIII. Material: Reference Specifications.

IX. Local conditions (bridge restrictions, weather conditions, water levels, road flooding, etc.) that may affect travel to location: Reference Specifications mailto:Ernie_Crenwelge@fws.gov mailto:kevin_goldie@fws.gov

140F0121Q0082

X. System for Award Management (SAM) Registration - A prospective awardee shall be registered in the SAM database prior to award. Information on registration may be obtained via the Internet at:

https://www.sam.gov/portal/public/SAM/#1 or by calling 866-606-8220. Failure to maintain a current/active account so will render your offer non-responsive.

XI. RFQ Due Date: Telephone quotes will NOT be accepted. All quotes must be received at this office no later than July 9, 2021, 12:00 PM Local Eastern Time. ONLY EMAILED QUOTES WILL BE ACCEPTED. Email to joni_dutcher@fws.gov. Reference/subject: solicitation number. Quotes should be attached document that is either Microsoft Word compatible or PDF. The anticipated award date is on or about July 31, 2021. Please do not request award status prior to this date.

XII. All questions regarding this solicitation must be emailed to joni_dutcher@fws.gov. All questions must be submitted no later than July 2, 2021; 12:00 AM local eastern standard time.

XIII. All interested Contractors shall provide a quote as follows:

(1) Parties responding to this solicitation please submit the following:

a. SF 18

b. Past Performance/References

c. Price

d. technical specification of product (per the Specifications)

i. SF 18: Provide a completed SF 18 with signature. Provide all signed amendments (SF 30), if issued for this notice.

ii. Past Performance/References: Complete accompanying past performance form with a minimum of one (1)/maximum three (3) of your most recent, relevant contracts for similar type requirements. Requirement is to demonstrate similar requirements. (Maximum 4 pages)

Any offeror who demonstrated unsatisfactory past performance shall not be considered eligible for award.

If the Government does not obtain past performance information for the projects identified by the offeror and cannot establish a past performance record for the offeror through other sources, or if the offeror has no past performance record proposed for this project to cited past performance will be evaluated neither favorably nor unfavorably.

Note: Offerors that cannot provide past performance information must provide a statement citing no past performance and provide explanation on their company ability to effectively meet the requirements with no past experience. (Maximum 1 page); the Government may also use past performance information obtained from sources other than those identified by the offeror.

iii. Price Quote and Reasonableness/ Provide firm fixed price of the following:

140F0121Q0082

Base Item

Item No.

Description Qty Unit of Measure

Unit Price Total

00010 A-1 Limestone Road Base Material

1 TN

GRAND TOTAL

TN - Ton

iv. Technical Specifications: Contractor shall provide native seed mix per the technical specifications.

NOTE: The final quoted price(s), both total and individual, MUST include all applicable fees, service charges, etc. THE FEDERAL GOVERNMENT IS TAX EXEMPT. Please ensure your quoted price is your best and final offer.

NOTE: Shipping Costs must be included in the price of the A-1 limestone road base material

XIV. Provisions and Clauses:

FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

FAR 52.202-1 Definitions (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (Oct 2018) FAR 52.232-1 Payments (APR 1984) FAR 52.232-11 Extras (APR 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-1 Changes-Fixed-Price (AUG 1987) FAR 52.246-2 Inspection of Supplies-Fixed-Price (AUG 1996) FAR 52.247-34 F.o.b. Destination. (NOV 1991) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) FAR 52253-1 Computer Generated Forms (JAN 1991) http://farsite.hill.af.mil/

140F0121Q0082

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

140F0121Q0082

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _x_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_x_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_x_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

140F0121Q0082

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_x_ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

_x_ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

_x_ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

140F0121Q0082

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

140F0121Q0082

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

140F0121Q0082

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

DIAR 1452.201-70 Authorities and delegations (SEP 2011)

The terms and conditions of this clause are determined by the contracting officer to be necessary for this acquisition and consistent with customary practices.

(End of clause)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

The terms and conditions for this provision apply to this acquisition with addendums found within the solicitation guidelines.

Policy number 2011-04- Department of Interior, Processing Platform System (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the Contractor’s generated invoice is to be submitted as an attachment to the IPP invoice.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

NOTICE TO CONTRACTORS (CPARS)

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

140F0121Q0082

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions.

If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/

140F0121Q0082

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)(APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: attach/submit hard copy invoice on company letterhead

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver in writing to the Contracting Officer with its Quote or quotation.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far or www.doi.gov/pam/aindex

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) http://www.ipp.gov/ mailto:ippgroup@bos.frb.org http://www.arnet.gov/far http://www.doi.gov/pam/aindex

140F0121Q0082

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.217-5 Evaluation of Options (JUL 1990) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020) 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.212-1 Instructions to Offerors -- Competitive Acquisition (Jan 2017)

Section 1: SUBMISSION of OFFERS

Offers are due no later than Monday, June 19, 2021 at 12:00 p.m. EST. Submit offers by e-mail only to joni_dutcher@fws.gov. Offers will only be accepted by e-mail.

Offers will not be accepted via fax. Offers must be e-mailed only.

Submittals received after deadline date and time will be determined unacceptable and remain unopened.

In an effort to maintain a better log of inquiries/questions and to provide more detailed and quicker responses, all questions shall be in writing via e-mail (no phone inquiries). Inquiries may be e-mailed to joni_dutcher@fws.gov. Inquiries received within 48 hours of the closing date may not receive a response.

Addenda to 52.212-1

144804.01 System for Award Management (formerly Central Contractor Registration)

A contractor/vendor must be registered in the System for Award Management referred to as SAM https://www.sam.gov/index.html) in order to receive contracts, purchase orders, and payments from most federal agencies, including the U.S. Fish and Wildlife Service. By having all agencies use the same listing system, vendors will no longer need to submit separate Standard Form 129, Solicitation Mailing List Applications, to each agency.

SAM is a self-service database. Vendors register themselves and maintain their own information through the SAM web site. In order to register or learn more about SAM, go to:

https://www.sam.gov/index.html. You will need to know your Dun and Bradstreet (D&B) number;

however, if you do not have this number, you can contact Dun and Bradstreet at 800-333-0505.

The Offeror shall identify and explain/justify any deviations, exceptions, or conditional assumptions taken to any of the instructions or requirements of this solicitation in the appropriate part of the offer.

1. Provide a cover letter outlining general information regarding your company's history, organizational structure, size, primary expertise, e-mail address, website address, and any other pertinent information.

(Maximum two pages, one-sided, Font size 10 to 12) mailto:joni_dutcher@fws.gov

140F0121Q0082

2. Completed Standard Form 18, Solicitation, Offer, and Award. (Blocks 11, 13, 14, 15, & 16 as appropriate)

3. Provide DUNS number; if you do not have a DUNS number, you may request one at http://fedgov.dnb.com/webform

4. Quote/Proposal Sheet (as applicable)

5. Print-out of System for Award Management (https://www.sam.gov/index.html) registration.

6. Applicable attachments such as Past Experience & References and Questionnaire of Bidder’s Responsibility.

7. If applicable, provide a list of related equipment/supplies in the Offeror’s inventory related to the work requirement sufficient for successful contract performance.

8. If sub-contractor(s) will be used, the (prime) Contractor must provide the company name of the sub-contractor and contact information for sub-contractor (i.e. name, e-mail, and phone number) when submitting quote/offer.

9. Include a statement stating the following: “We, the undersigned, have carefully examined the RFQ and all addenda and herewith-forming part of this quotation/offer submission, have carefully examined the specification, and fully understand the full-scope of the technical specifications required and is so represented by our submitted offer/quote.”

52.212-2 Evaluation - Commercial Items. (OCT 2014)

(a) The Government intends to award a Purchase Order resulting from this solicitation to the responsible offer conforming to the requirements contained within that provides the Lowest Price Technically Acceptable (LPTA).

At the discretion of the Contracting Officer, the Government intends to evaluate quotes and award a PO without discussions with offerors but reserve the right to conduct discussions if deemed necessary.

1. Initial Review of quote will check for completeness of solicitation requirements as identified in section XIII; “All interested Contractors shall provide a quote as follows:”

2. Quote that passes the requirements for submission will be evaluated using LPTA. Each area of the Contractor’s Quote will be reviewed for technical acceptability. Contractor with the LPTA will be awarded the PO.

Evaluation Factors:

Note: Quotes will be evaluated pursuant to FAR 12 and 13.106-2 on a Lowest Priced Technically Acceptable (LPTA) basis. Upon receipt of all offers at the closing of the solicitation, the lowest priced offer will be evaluated first to assess technical acceptability. If that lowest priced offer is technically acceptable, the other offers will not be evaluated. If the lowest priced offer is not technically acceptable, then the next lowest priced offer will be evaluated following the same aforementioned review cycle and thereafter for successive offers.

http://fedgov.dnb.com/webform https://www.sam.gov/index.html

140F0121Q0082

1) Technical

a) Meets identified specification

i) A-1 limestone road base material

2) Past Performance There can be no instances of poor/unacceptable Past Performance

3) Price

(End of Provision)

52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) 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 liability until the taxpayer has exercised all judicial appeal rights.

(ii) 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. § 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 https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5

140F0121Q0082 is not a delinquent tax because it is not a final tax liability.