Sol_140P5325Q0054.pdf
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- MACA - CYCLIC HVAC UPGRADES Federal contract opportunity
- Solicitation number
- 140P5325Q0054
About this file
This is a Request for Proposal (RFP) for HVAC replacements at Mammoth Cave National Park, issued by the National Park Service (NPS), North Major Acquisition Buying Office. The solicitation is a total small business set-aside with a NAICS code of 333415 for Air Conditioning and Warm Air Heating Equipment Manufacturing, and a size standard of 1,250 employees. The specific requirement is for supply of HVAC units for the Mammoth Cave location, with a delivery date of 12/01/2025 and a performance period from 09/29/2025 to 12/01/2025.
Key dates include questions due by 9/10/2025 at 12:00 PM ET and quotes due by 9/18/2025 at 3:00 PM ET. The evaluation will be based on two factors: 1) Technical acceptability of HVAC units meeting material specifications in the Statement of Work, and 2) Price. Contractors must be registered in the System for Award Management (SAM) and submit electronic invoices through the Invoice Processing Platform (IPP). The solicitation includes standard federal contract provisions and requires compliance with various federal regulations regarding small business, veteran-owned businesses, and other procurement standards.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140P5325Q0054_Amd_0001.pdf | ||
| Q_A_S_0001.pdf | ||
| A05_Serial_Numbers.pdf | ||
| A04_SOW_Part_1.pdf | ||
| A04_SOW_Part_2.pdf |
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
PSN
Gatlinburg TN 37738 107 Park Headquarters Road DOI, NPS, SER - North MABO
0011283058 CODE 16. ADMINISTERED BYCODE
X
X
X
333415
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORPSN
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
09/18/2025 1500 ED
09/04/2025
Marilia Mateo (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140P5325Q0054
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 0044012028OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Mammoth Cave KY 42259 NPS Warehouse, 61 Maintenance Rd P O Box 7 NPS, Mammoth Cave NP
15. DELIVER TO
Gatlinburg TN 37738 107 Park Headquarters Road
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,250
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
NPS, SER - North MABO
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
MACA - HVAC REPLACEMENTS (SUPPLY ORDER ONLY)
QUESTIONS DUE: 9/10/2025 @ 12:00 PM ED
QUOTES DUE: 9/18/2025 @ 3:00 PM ED
Delivery: 12/01/2025 Period of Performance: 09/29/2025 to 12/01/2025
00010 HVAC Replacements Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Marilia Mateo
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Product/Service Code: 4530
Product/Service Description: FUEL BURNING
EQUIPMENT UNITS
00020 HVAC Replacements
Product/Service Code: 4530
Product/Service Description: FUEL BURNING
EQUIPMENT UNITS
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
SolicitaƟon Number: 140P5325Q0054
ContracƟng AcƟvity: North Major AcquisiƟon Buying Office (NPS)
Government RepresentaƟve: Ms. Marilia Mateo
Phone: 470-819-0933 Email: Marilia_mateo@nps.gov
Title/Place of Performance: MACA – HVAC REPLACEMENT (SUPPLY ORDER)
Mammoth Cave NaƟonal Park
General InformaƟon
Document Type: Combined Synopsis/SolicitaƟon Product or Service Code: 4530 Set Aside: Total Small Business NAICS Code: 333415 – Air CondiƟoning and Warm Air HeaƟng Equipment and Commercial and Industrial RefrigeraƟon Equipment Manufacturing Size Standard: 1250 Employees
This document and incorporated provisions and clauses are those in effect through Federal AcquisiƟon Circular FAC 2025- 03 January 17, 2025.
Request for purchase of the items/service listed below. Please provide a quote no later than: 3:00 PM EST September 18th, 2025.
DUE DATE FOR QUESTIONS: Email any quesƟons to Marilia_mateo@nps.gov by 12:00 PM EST September 10th, 2025 to be considered with subject line: “QUESTIONS – 140P5325Q0054”.
Answers to quesƟons will be posted in the same manner as this noƟce. It is the offeror’s responsibility to check for updated informaƟon. No oral or late quesƟons will be accepted.
DUE DATE FOR QUOTES: The due date response for this RFQ is NO LATER THAN THURSDAY, 3:00 PM EST September 18th, 2025. Quotes shall be sent via email to Marilia_mateo@nps.gov with subject line:
“QUOTE – 140P5325Q0054”. It is incumbent upon the contractor to make sure their quote is received by due date and Ɵme noted above. Quotes received aŌer closing date and Ɵme may not be considered for award.
SYSTEM FOR AWARD MANAGEMENT (SAM): Federal AcquisiƟon RegulaƟons require that federal contractors register in the System for Award Management (SAM) database at hƩps://www.sam.gov and enter all mandatory informaƟon into the system. Award cannot be made unƟl the contractor has registered. Interested Offerors are encouraged to ensure that they are registered in SAM prior to submiƫng their quote. THESE REGISTRATIONS WILL BE COMPLETED BEFORE TIME OF AWARD.
AƩachments:
1. Statement of Work Part 1
2. Statement of Work Part 2
3. Serial Numbers
OFFERORS SHALL COMPLETE THE FOLLOWING:
1. UEI (Unique EnƟty IdenƟfier):
2. Contractor Name:
3. Payment Terms/Discount (i.e. Net 15, Net 30, etc):
4. Period of Performance:
5. Business Size (i.e. small business, women-owned, etc.):
6. POC Name:
7. POC Phone/ Fax Number:
8. POC Email Address:
9. Date:
PRICE/COST SCHEDULE
Contractor shall provide all labor, materials, equipment, tools, and supervision to complete in accordance with the statement of work, technical specificaƟons, terms and condiƟons contained in this solicitaƟon to deliver HVAC units to Mammoth Cave NaƟonal Park.
PERIOD OF PERFORMANCE: 30 Days AŌer Receipt of Order
Submit Firm Fixed Price breakdown
Base quote must be valid for 60 days.
List of Documents, Exhibits and Other AƩachments
AƩachment Number
AƩachment Title Number of Pages
Document Version
001 Statement of Work Part 1 7 Base 002 Statement of Work Part 2 7 Base 003 Serial Numbers 2 Base
THE FULL TEXT OF FAR CLAUSES MAY BE ACCESSED ELECTRONICALLY AT:
The following clauses are hereby incorporated by reference (by CitaƟon Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. 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 ContracƟng Officer will make their full text available.
Also, the full text of a clause may be accessed electronically at this/these address(es):
hƩps://www.acquisiƟon.gov/
THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
52.202-1 DefiniƟons JUNE 2020
52.203-5 Covenant Against ConƟngent Fees MAY 2014
52.203-7 AnƟ-Kickback Procedures JUN 2020
52.204-7 System for Award Management NOV 2024
52.204-13 System for Award Management Maintenance OCT 2018
52.204-19 IncorporaƟng by Reference of RepresentaƟon and cerƟficaƟons DEC 2014
52.209-10 ProhibiƟon on ContracƟng with inverted domesƟc corporaƟons NOV 2015
52.217-5 EvaluaƟon of OpƟons JULY 1990
52.219-33 Nonmanufacturer Rule SEPT 2021
52.225-25 ProhibiƟon on ContracƟng with EnƟƟes Engaging in Certain AcƟviƟes or TransacƟons RelaƟng to Iran-RepresentaƟon and CerƟficaƟons.
JUNE 2020
52.232-1 Payments APR 1984
52.232-8 Discounts for Prompt Payment FEB 2002
52.232-11 Extras APR 1984
52.232-18 Availability of Funds APR 1984
52.232-39 Unenforceability of Unauthorized ObligaƟons JUN 2013
52.232-40 Providing Accelerated Payments to Small Business subcontractors MAR 2023
52.233-1 Disputes MAY 2014
52.233-3 Protest aŌer Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 ProtecƟon of Government Buildings, Equipment and VegetaƟon APR 1984
52.243-1 Changes-Fixed-Price AUG 1987
52.249-1 TerminaƟon for Convenience of the Government (Fixed – Short Form) APR 1984
ADDITIONAL SIMPLIFIED ACQUISITION TERMS AND CONDITIONS
System updates may lag policy updates. The System for Award Management (SAM) may conƟnue to require enƟƟes to complete representaƟons based on provisions that are not included in agency solicitaƟons, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and ReducƟon Goals— RepresentaƟon, and paragraph (t) of 52.212-3, Offeror RepresentaƟons and CerƟficaƟons—Commercial Products and Commercial Services. Agencies will not consider or use these representaƟons. EnƟƟes are not required to, nor are they able to, update their enƟty registraƟon to remove these representaƟons in
SAM.
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representaƟon at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunicaƟons equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered TelecommunicaƟons Equipment or Services—RepresentaƟon, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror RepresentaƟons and CerƟficaƟons-Commercial Products or Commercial Services. The Offeror shall not complete the representaƟon in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunicaƟons equipment or services, or any equipment, system, or service that uses covered telecommunicaƟons equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) DefiniƟons. As used in this provision— Backhaul, covered telecommunicaƟons equipment or services, criƟcal technology, interconnecƟon arrangements, reasonable inquiry, roaming, and substanƟal or essenƟal component have the meanings provided in the clause 52.204-25, ProhibiƟon on ContracƟng for Certain TelecommunicaƟons and Video Surveillance Services or Equipment.
(b) ProhibiƟon.
(1) SecƟon 889(a)(1)(A) of the John S. McCain NaƟonal Defense AuthorizaƟon Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an execuƟve agency on or aŌer August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunicaƟons equipment or services as a substanƟal or essenƟal component of any system, or as criƟcal technology as part of any system. Nothing in the prohibiƟon shall be construed to—
(i) Prohibit the head of an execuƟve agency from procuring with an enƟty to provide a service that connects to the faciliƟes of a third-party, such as backhaul, roaming, or interconnecƟon arrangements; or
(ii) Cover telecommunicaƟons equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) SecƟon 889(a)(1)(B) of the John S. McCain NaƟonal Defense AuthorizaƟon Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an execuƟve agency on or aŌer August 13, 2020, from entering into a contract or extending or renewing a contract with an enƟty that uses any equipment, system, or service that uses covered telecommunicaƟons equipment or services as a substanƟal or essenƟal component of any system, or as criƟcal technology as part of any system. This prohibiƟon applies to the use of covered telecommunicaƟons equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibiƟon shall be construed to—
(i) Prohibit the head of an execuƟve agency from procuring with an enƟty to provide a service that connects to the faciliƟes of a third-party, such as backhaul, roaming, or interconnecƟon arrangements; or
(ii) Cover telecommunicaƟons equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parƟes in the System for Award Management (SAM) ( hƩps://www.sam.gov) for enƟƟes excluded from receiving federal awards for "covered telecommunicaƟons equipment or services".
(d) RepresentaƟon. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunicaƟons equipment or services to the
Government in the performance of any contract, subcontract or other contractual instrument resulƟng from this solicitaƟon. The Offeror shall provide the addiƟonal disclosure informaƟon required at paragraph (e)(1) of this secƟon if the Offeror responds "will" in paragraph (d)(1) of this secƟon; and
(2) AŌer conducƟng a reasonable inquiry, for purposes of this representaƟon, the Offeror represents that— It □ does, □ does not use covered telecommunicaƟons equipment or services, or use any equipment, system, or service that uses covered telecommunicaƟons equipment or services. The Offeror shall provide the addiƟonal disclosure informaƟon required at paragraph (e)(2) of this secƟon if the Offeror responds "does" in paragraph (d)(2) of this secƟon.
(e) Disclosures.
(1) Disclosure for the representaƟon in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representaƟon in paragraph (d)(1) of this provision, the Offeror shall provide the following informaƟon as part of the offer:
(i) For covered equipment—
(A) The enƟty that produced the covered telecommunicaƟons equipment (include enƟty name, unique enƟty idenƟfier, CAGE code, and whether the enƟty was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A descripƟon of all covered telecommunicaƟons equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descripƟon, as applicable); and
(C) ExplanaƟon of the proposed use of covered telecommunicaƟons equipment and any factors relevant to determining if such use would be permissible under the prohibiƟon in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A descripƟon of all covered telecommunicaƟons services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descripƟon, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanaƟon of the proposed use of covered telecommunicaƟons services and any factors relevant to determining if such use would be permissible under the prohibiƟon in paragraph (b)(1) of this provision.
(2) Disclosure for the representaƟon in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representaƟon in paragraph (d)(2) of this provision, the Offeror shall provide the following informaƟon as part of the offer:
(i) For covered equipment—
(A) The enƟty that produced the covered telecommunicaƟons equipment (include enƟty name, unique enƟty idenƟfier, CAGE code, and whether the enƟty was the OEM or a distributor, if known);
(B) A descripƟon of all covered telecommunicaƟons equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descripƟon, as applicable); and
(C) ExplanaƟon of the proposed use of covered telecommunicaƟons equipment and any factors relevant to determining if such use would be permissible under the prohibiƟon in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A descripƟon of all covered telecommunicaƟons services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descripƟon, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanaƟon of the proposed use of covered telecommunicaƟons services and any factors relevant to determining if such use would be permissible under the prohibiƟon in paragraph (b)(2) of this provision.
Federal AcquisiƟon Supply Chain Security Act Orders—RepresentaƟon and Disclosures (Dec 2023)
(a) DefiniƟons. As used in this provision, Covered arƟcle, FASCSA order, Intelligence community, NaƟonal security system, Reasonable inquiry, SensiƟve compartmented informaƟon, SensiƟve compartmented informaƟon system, and Source have the meaning provided in the clause 52.204-30, Federal AcquisiƟon Supply Chain Security Act Orders—ProhibiƟon.
(b) ProhibiƟon. Contractors are prohibited from providing or using as part of the performance of the contract any covered arƟcle, or any products or services produced or provided by a source, if the prohibiƟon is set out in an applicable Federal AcquisiƟon Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal AcquisiƟon Supply Chain Security Act Orders— ProhibiƟon.
(c) Procedures.
(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( hƩps://www.sam.gov) for any covered arƟcle, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal AcquisiƟon Supply Chain Security Act Orders—ProhibiƟon.
(2) The Offeror shall review the solicitaƟon for any FASCSA orders that are not in SAM, but are effecƟve and do apply to the solicitaƟon and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued aŌer the date of solicitaƟon do not apply unless added by an amendment to the solicitaƟon.
(d) RepresentaƟon. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitaƟon any covered arƟcle, or any products or services produced or provided by a source, if the covered arƟcle or the source is prohibited by an applicable FASCSA order in effect on the date the solicitaƟon was issued, except as waived by the solicitaƟon, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered arƟcle, or any products or services produced or provided by a source, if the covered arƟcle or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following informaƟon as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered arƟcle or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government EnƟty code and unique enƟty idenƟfier (if known), that supplied the covered arƟcle or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item descripƟon;
(7) Reason why the applicable covered arƟcle or the product or service is being provided or used;
(f) ExecuƟve agency review of disclosures. The contracƟng officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracƟng officer may choose not to pursue a waiver for covered arƟcles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS. (MAY 2024)
(DeviaƟon FEB 2025)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representaƟons and cerƟficaƟon electronically in the System for Award Management (SAM) accessed through hƩps://www.sam.gov. If the Offeror has not completed the annual representaƟons and cerƟficaƟons electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) DefiniƟons. As used in this provision— Covered telecommunicaƟons equipment or services has the meaning provided in the clause 52.204-25, ProhibiƟon on ContracƟng for Certain TelecommunicaƟons and Video Surveillance Services or Equipment. Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and uncondiƟonally owned by, and the management and daily business operaƟons of which are controlled by, one or more women who are ciƟzens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is cerƟfied by SBA or an approved third-party cerƟfier in accordance with 13 CFR
127.300. It automaƟcally 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 penalƟes.
Highest-level owner means the enƟty that owns or controls an immediate owner of the offeror, or that owns or controls one or more enƟƟes that control an immediate owner of the offeror. No enƟty owns or exercises control of the highest level owner.
Immediate owner means an enƟty, 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, idenƟty of interests among family members, shared faciliƟes and equipment, and the common use of employees.
Inverted domesƟc corporaƟon, means a foreign incorporated enƟty that meets the definiƟon of an inverted domesƟc corporaƟon under 6 U.S.C. 395(b), applied in accordance with the rules and definiƟons 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 SyntheƟc; and
(10) PSC 9630, AddiƟve 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 enƟty that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, ProhibiƟon on ContracƟng for Certain TelecommunicaƟons and Video Surveillance Services or Equipment.
Restricted business operaƟons means business operaƟons in Sudan that include power producƟon acƟviƟes, mineral extracƟon acƟviƟes, oil-related acƟviƟes, or the producƟon of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
Restricted business operaƟons do not include business operaƟons that the person (as that term is defined in SecƟon 2 of the Sudan Accountability and Divestment Act of 2007) conducƟng 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 authorizaƟon 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 authorizaƟon;
(3) Consist of providing goods or services to marginalized populaƟons of Sudan;
(4) Consist of providing goods or services to an internaƟonally recognized peacekeeping force or humanitarian organizaƟon;
(5) Consist of providing goods or services that are used only to promote health or educaƟon; or
(6) Have been voluntarily suspended. "SensiƟve technology"— SensiƟve technology—
(1) Means hardware, soŌware, telecommunicaƟons equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased informaƟon in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include informaƟon or informaƟonal materials the export of which the President does not have the authority to regulate or prohibit pursuant to secƟon 203(b)(3)of the InternaƟonal Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)
(i) Not less than 51 percent of which is owned and controlled 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 operaƟons 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definiƟon, 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), and who is registered in the Beneficiary IdenƟficaƟon and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits AdministraƟon, as a service-disabled veteran. Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—
(1) EffecƟve January 1, 2024, is designated in the System for Award Management (SAM) as cerƟfied by the Small Business AdministraƟon (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submiƩed a complete applicaƟon for cerƟficaƟon to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracƟng officers to limit compeƟƟon, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operaƟon, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitaƟon.
(2) Affiliates, as used in this definiƟon, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parƟes control or have the power to control the others. In determining whether affiliaƟon exists, consideraƟon is given to all appropriate factors including common ownership, common management, and contractual relaƟonships. SBA determines affiliaƟon based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisiƟon, that—
(1) Is at least 51 percent uncondiƟonally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are ciƟzens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) aŌer taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2) The management and daily business operaƟons 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 definiƟon. Subsidiary means an enƟty in which more than 50 percent of the enƟty is owned—
(1) Directly by a parent corporaƟon; or
(2) Through another subsidiary of a parent corporaƟon Successor means an enƟty that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (oŌen through acquisiƟon 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 liabiliƟes 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 and controlled 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 operaƟons 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 its stock is owned by one or more women; and whose management and daily business operaƟons 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 least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operaƟons 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 uncondiƟonally owned by, and the management and daily business operaƟons of which are controlled by, one or more women who are ciƟzens of the United States, and the concern is cerƟfied by SBA or an approved third-party cerƟfier in accordance with 13 CFR 127.300.
(b)
(1) Annual RepresentaƟons and CerƟficaƟons. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automaƟcally change the representaƟons and cerƟficaƟons in SAM. (2) The offeror has completed the annual representaƟons and cerƟficaƟons electronically in SAM accessed through hƩp://www.sam.gov. AŌer reviewing SAM informaƟon, the Offeror verifies by submission of this offer that the representaƟons and cerƟficaƟons currently posted electronically at FAR 52.212-3, Offeror RepresentaƟons and CerƟficaƟons-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitaƟon (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitaƟon), at the Ɵme this offer is submiƩed and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to idenƟfy the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitaƟon only, if any. These amended representaƟon(s) and/or cerƟficaƟon(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 solicitaƟon only, and do not result in an update to the representaƟons and cerƟficaƟons posted electronically on SAM.]
(c) Offerors must complete the following representaƟons when the resulƟng contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracƟng officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ____________.]
(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) SDVOSB 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 that it □ is, □ is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is,
□ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ____________.]
(5) 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 124.1001.
(6) 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.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ____________.]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ____________.] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitaƟon is expected to exceed the simplified acquisiƟon threshold.
(9) 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.
(10) Tie bid priority for labor surplus area concerns. If this is an invitaƟon for bid, small business offerors may idenƟfy the labor surplus areas in which costs to be incurred on account of manufacturing or producƟon (by offeror or first-Ɵer subcontractors) amount to more than 50 percent of the contract price:____________
(11) 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 representaƟon, as having been cerƟfied by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will aƩempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ______.] Each HUBZone small business concern parƟcipaƟng in the HUBZone joint venture shall provide representaƟon of its HUBZone status.
(d) RepresentaƟons required to implement provisions of ExecuƟve Order11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It □ has, □ has not parƟcipated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitaƟon; and
(ii) It □ has, □ has not filed all required compliance reports.
(2) AffirmaƟve AcƟon 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, affirmaƟve acƟon programs required by rules and regulaƟons of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the wriƩen affirmaƟve acƟon programs requirement of the rules and regulaƟons of the Secretary of Labor.
(e) CerƟficaƟon Regarding Payments to Influence Federal TransacƟons (31 hƩp://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror cerƟfies 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 aƩempƟng 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 connecƟon 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 AcƟviƟes, 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 compensaƟon were made.
(f) Buy American CerƟficate. (Applies only if the clause at Federal AcquisiƟon RegulaƟon (FAR) 52.225-1, Buy American Supplies, is included in this solicitaƟon.)
(1)
(i) The Offeror cerƟfies that each end product, except those listed in paragraph (f)(2) of this provision, is a domesƟc end product and that each domesƟc end product listed in paragraph (f)(3) of this provision contains a criƟcal component.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domesƟc end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combinaƟon of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domesƟc content, except for those that are COTS items. If the percentage of the domesƟc content is unknown, select “no”.
(iii) The Offeror shall separately list the line item numbers of domesƟc end products that contain a criƟcal component (see FAR 25.105).
(iv) The terms “commercially available off-the-shelf (COTS) item,” “criƟcal component,” “domesƟc end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitaƟon enƟtled "Buy American Supplies."
(2) Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domesƟc content (yes/no)
[List as necessary]
(3) DomesƟc end products containing a criƟcal component:
Line Item No. ___ [List as necessary]
(4) 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 CerƟficate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitaƟon.)
(i)
(A) The Offeror cerƟfies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domesƟc end product and that each domesƟc end product listed in paragraph (g)(1)(iv) of this provision contains a criƟcal component.
(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "criƟcal component," "domesƟc 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 solicitaƟon enƟtled "Buy American-Free Trade Agreements-Israeli Trade Act."
(ii) The Offeror cerƟfies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitaƟon enƟtled "Buy American-Free Trade Agreements-Israeli Trade Act." Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
[List as necessary]
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitaƟon enƟtled "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 domesƟc end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combinaƟon of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domesƟc content, except for those that are COTS items. If the percentage of the domesƟc content is unknown, select “no”. Other Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domesƟc content (yes/no)
Line Item No. Country of Origin Exceeds 55% domesƟc content (yes/no)
[List as necessary]
(iv) The Offeror shall list the line item numbers of domesƟc end products that contain a criƟcal component (see FAR 25.105).
Line Item No. ___ [List as necessary]
(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act CerƟficate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitaƟon, subsƟtute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror cerƟfies that the following supplies are Israeli end products as defined in the clause of this solicitaƟon enƟtled “Buy American—Free Trade Agreements—Israeli Trade Act”: Israeli End Products:
Line Item No.
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act CerƟficate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitaƟon, subsƟtute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:
(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “criƟcal component,” “domesƟc 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 solicitaƟon enƟtled “Buy American—Free Trade Agreements—Israeli Trade Act.”
(g)(1)(ii) The Offeror cerƟfies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitaƟon enƟtled “Buy American—Free Trade Agreements—Israeli Trade Act”: Korean End Products or Israeli End Products:
Line Item No. Country of Origin
Line Item No. Country of Origin
[List as necessary]
(4) Trade Agreements CerƟficate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitaƟon.)
(i) The offeror cerƟfies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitaƟon enƟtled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products:
Line Item No. Country of Origin
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restricƟons of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the ContracƟng 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 solicitaƟon.
(h) CerƟficaƟon Regarding Responsibility MaƩers (ExecuƟve Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisiƟon threshold.) The offeror cerƟfies, 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 connecƟon with obtaining, aƩempƟng to obtain, or performing a Federal, state or local government contract or subcontract; violaƟon of Federal or state anƟtrust statutes relaƟng to the submission of offers; or commission of embezzlement, theŌ, forgery, bribery, falsificaƟon or destrucƟon of records, making false statements, tax evasion, violaƟng Federal criminal tax laws, or receiving stolen property;
(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government enƟty 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 noƟfied of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsaƟsfied.
(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 administraƟve or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined unƟl 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 collecƟon acƟon is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory noƟce of deficiency, under I.R.C. §6212, which enƟtles 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 unƟl the taxpayer has exercised all judicial appeal rights.
(B) The IRS has filed a noƟce of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a noƟce under I.R.C. §6320 enƟtling the taxpayer to request a hearing with the IRS Office of Appeals contesƟng 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 enƟtled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability unƟl the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making Ɵmely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protecƟon. The taxpayer is not delinquent because enforced collecƟon acƟon is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) CerƟficaƟon Regarding Knowledge of Child Labor for Listed End Products (ExecuƟve Order 13126). [The ContracƟng Officer must list in paragraph (i)(1) any end products being acquired under this solicitaƟon that are…
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