SP4510-11-Q-5016.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8 (A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

SP4510-11-Q-5016

Erin Clore 269-961-5838

SP4510

SEE ATTACHED SEE BLOCK 9

DFAS-BVDP

PO BOX 369031

COLUMBUS, OH 43236-9031

**SEE ATTACHED**

333997

500 employees

02/04/2011

02/24/2011 2:00 pm est

DLA Disposition Services

HDI FEDERAL CENTER (DRMS-J72)

74 WASHINGTON AVE NORTH

BATTLE CREEK, MI 49037-3092

SL4701

SP4510-11-Q-5016

BID SCHEDULE

CLIN DESCRIPTION EST QUANTITY UNIT PRICE TOTAL PRICE

Counting Scales (see page 8 for minimum requirements)

0002 Shipment of two (2) Counting Scales to each delivery location:

(see SubCLINs below for Delivery Locations)

1 lot

N/A

TOTAL PRICE of CLINS 0001 &0002: $

DELIVERY LOCATIONS

SubCLIN DESCRIPTION GOV’T P.O.C SHIPPING PRICE

0002AA Two (2) Counting Scales shipped to:

CPC BUPYONG

UNIT 15395, APO AP 96283-0120

DODAAC: WH5500SC

MIKE WYCKOFF

COMM: 82-32-520-6497

0002AB Two (2) Counting Scales shipped to:

DLA DISPOSITION SERVICES GUAM

BLDG 631, CONNELLEE LANE

COMNAVMARIANAS NAVAL BASE

SANTA RITA, GUAM 96915

DODAAC: SH520C

WAYNE TISDALE

COMM: 011-671-2099

0002AC Two (2) Counting Scales shipped to:

DLA DISPOSITION SERVICES

HAWAII

BLDG 140

ENTERPRISE MIDWAY STREET

KAPOLEI, HI 96707

DODAAC: SH510C

DIANE JARVI

COMM: 808-474-0317

0002AD

Two (2) Counting Scales shipped to:

CHRIS HARRIS

SAGAMI

BLDG 104-5 KAMIYABE 600

SAGAMIHARA-SHI, KANAGAWA-KEN

JAPAN 229-0001

DODAAC: SH5400

COMM: 011-81-428-69-

0002AE Two (2) Counting Scales shipped to:

OKINAWA

UNIT 35048

FPO AP 96373-5048

DODAAC: SH5700

KIRK BUCHNER

COMM: 011-81-98-874-

0002AF Two (2) Counting Scales shipped to:

COLUMBUS

JAMES RD GATE BLDG 30 STATION 3

3990 E BROAD ST

COLUMBUS, OH 43213-0297

DODAAC: SX1465

GREG GEELAN

COMM: 614-692-8095

0002AG Two (2) Counting Scales shipped to:

LTS COLUMBUS

3990 E BROAD ST. BLDG 44

COLUMBUS, OH 43213-0297

DODAAC: SH1645

BEN MORRIS

COMM: 614-692-1912

0002AH Two (2) Counting Scales shipped to:

SUESQUEHANNA

5450 CARLISLE PIKE, BLDG 206

MECHANICSBURY, PA 17055

DODAAC: SX1293

JOHN MORGAN

COMM: 717-605-2267

0002AI

FRANK VALDEZ

DLA DISPOSITION SERVICES EGLIN

210 TRANSPORTATION RD., BLDG 525

EGLIN AFB, FL 32542

DODAAC: SYE364

COMM: 850-883-4858

0002AJ Two (2) Counting Scales shipped to:

NORFOLK

BLDG SDA-205

7829 SEVENTH ST.

NORFOLK, VA 23511

DODAAC: SX1493

JOHN PACHECO

COMM: 757-510-3090

0002AK Two (2) Counting Scales shipped to:

DLA DISPOSITION SERVICES RILEY

BLDG 1959 (CAMP FUNSTON)

FORT RILEY, KS 66442

DODAAC: SZ3586

KINAM PERE

COMM: 785-239-0531

EXT. 933

0002AL Two (2) Counting Scales shipped to:

COLORADO SPRINGS

820 SPECKER, BLDG 318

FT. CARSON, CO 80913

DODAAC: SZ3038

RANDY WALKER

COMM: 719-526-9908

0002AM Two (2) Counting Scales shipped to:

DLA DISPOSITION SERVICES SAN

ANTONIO

2603 PARKER RD., BLDG 4199, ST. 65

FORT SAM HOUSTON, TX 78234

DODAAC: SZ3547

SHIREEN CARTMILL

COMM: 210-221-4639

0002AN

DLA DISPOSITION SERVICES MINOT

KURT KAPLAN

COMM: 701-723-6119

410 BOMBER BLVD.

MINOT AFB, ND 58705

DODAAC: SZM108

0002AO

JACKSONVILLE

8927 ROOSEVELT RD.

JACKSONVILLE, FL 32212

DODAAC: SY2314

TOM CLINGAN

COMM: 904-542-3411

EXT. 140

0002AP Two (2) Counting Scales shipped to:

DLA DISPOSITION SERVICES LEWIS

BLDG 9670, RAINER ST. & SOUTH O ST.

FT. LEWIS, WA 98433

DODAAC: SZ3199

ROBERT BURRELL

COMM: 253-967-7875

0002AQ Two (2) Counting Scales shipped to:

CPC STOCKTON

700 E ROTH RD., BLDG S-3

FRENCH CAMP, CA 95231

DODAAC: SZ3279

VIRGINIA AVILES

COMM: 209-982-2076

CELL: 209-992-7353

0002AR Two (2) Counting Scales shipped to:

DLA DISPOSITION SERVICES HILL

7844 ARSENOL RD #890

HILL AFB, UTAH 84056

DODAAC: SZ3028

MARCI CARLSON

COMM: 801-777-6659

0002AS Two (2) Counting Scales shipped to:

PENDLETON

BLDG 2241, MARINE CORP BASE

CAMP PENDLETON, CA 92055

DODAAC: SZP199

JERRY E. KIRSCH

COMM: 760-763-7639

CELL: 501-628-2870

0002AT

DLA DISPOSITION SERVICES BRAGG

BLDG J-13334, KNOX ST.

EDDIE SANDERS

COMM: 910-432-9872

FT. BRAGG, NC 28301

DODAAC: SYD024

JENNIE DENK

COMM: 910-396-8456

0002AU

WARNER ROBINS

1200 MACON ST.

ROBINS AFB, GA 31098

DODAAC: SY2164

CEDRIC BLACK

COMM: 478-926-4498

0002AV Two (2) Counting Scales shipped to:

TEXARKANA

RED RIVER ARMY DEPOT

BLDG 473, TEXAS AVE, TEXARKANA,

TX 75507

DODAAC: SZ3587

CLAUDETTE (CLYDE)

FEAGIN

903-334-2726

0002AW Two (2) Counting Scales shipped to:

LIVORNO

BLDG 5010, LEGHORN ARMY DEPOT

LIVORNO, ITALY

DODAAC: SG4180

MSGT HEATHER

HAUCK

COMM: (+39) 050-54-

0002AX Two (2) Counting Scales shipped to:

CPC KAISERLAUTERN

MANNEHEIMERSTR 219

37657 KAISERLAUTERN, GERMANY

DODAAC: SG4070

HILARIO (BEN)

BENAVIDES

COMM: (+49) 631-411-

0002AY

MOLESWORTH

BLDG 51, COCKBROOK LANE

ED GOLDSACK

COMM: 44-1480-84-

OLD WESTON

HUNTINGTON, CAMBS

PE28 5LU

UNITED KINGDOM

DODAAC: SG4100

0002AZ Two (2) Counting Scales shipped to:

KASTEL

LUDWIG-WOLKER ST., BLDG 04013

MAINZ-KASTEL, CMR 444, BOX 800

APO AE 09096

DODAAC: SG4050

JEFF LEKNES

COMM: (+49) 6134-604-

TOTAL OF SubCLINs 1001-1026: $ (This is CLIN 0002-Please Insert into Bid Schedule Above on Page 2)

1. PERFORMANCE WORK STATEMENT

1.0 INTRODUCTION

The DLA Disposition Services is a Primary Level Field Activity (PLFA) of the Defense Logistics Agency (DLA). The primary mission of DLA Disposition Services is to dispose of Department of Defense (DoD) excess and surplus personal property generated by the military services. This is accomplished through reutilization to other DoD activities, transfer to other Federal agencies, donation to authorized state and local organizations, sale to the general public, or ultimate disposal through abandonment or destruction. DLA Disposition Services is headquartered in Battle Creek, Michigan.

1.1 PURPOSE

DLA Disposition Services locations across the United States and World have the requirement for two (2) counting scales each. DLA Disposition Services receive bulk shipments of small items and personnel at these locations are currently hand counting these items. For the purpose of saving personnel time and labor, the procured counting scales will perform this function instead.

1.2 SCOPE

The equipment to be furnished under this contract shall be new and from the manufacturer’s most current production. The equipment furnished hereunder shall be delivered ready for immediate use.

1.2.1 Contractor is to furnish 52 counting scales with minimum specification described in 1.3.

1.2.2 Contractor shall ship two (2) scales to each location listed in the table above labeled:

DELIVERY LOCATIONS.

1.2.3 Scales shall be delivered to each location within 30 days after date of contract award.

1.3 BRAND NAME OR EQUAL REQUIREMENT

Scales shall be equal to Mettler-Toldeo, Model BBA432-60SL. Additional minimum requirements are:

1.3.1 Maximum Capacity: 120.0 – 150.0 lb

1.3.2 Readability: 0.01 lb

1.3.3 Readability Approved: 0.02 lb

1.3.4 Scale Material: Aluminum Diecast

1.3.5 Load Plate material: Chrome-nickel steel

1.3.6 Keyboard: 10-14 keys

1.3.8 Display: 7-10” segment LCD

1.3.9 Degree of protection: IP43

1.3.10 Technical manuals (2 EACH)

1.3.11 Warranty: Warranty coverage shall be the manufacturer’s standard warranty

1.3.13 Delivered 30 days after date of contract award.

1.3.14 World Wide Service Support

1.4 GOVERNMENT PERSONNEL

Technical Point of Contact:

Nancy Mohler 269.961.5788 Nancy.mohler@dla.mil

1.5 INDEMNIFICATION

The Government assumes no liability for any damage to the property of the Contractor, to the property of any person, or public property or for personnel injuries, illness, disabilities or death to the Contractor, Contractor’s employees, and any other person subject to the Contractor’s control or any other person including members of the general public; caused in whole or in part by, (a) the Contractor’s breach of any term or provision of this contract; or, (b) any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract. The Contractor also agrees to hold the Government harmless and indemnify the Government for any and all costs, including those that arise from violation of environmental regulations, Department of Transportation (DOT), or any similar state enforcement programs under which the government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incident to the processing, transporting, and disposal of any subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance, whether intentional or accidental.

1.6 INVOICING AND PAYMENT – SERVICES

(a) The contractor shall be paid upon submission of a proper invoice for services performed and accepted.

Invoice must be certified by the government representative. Once the invoice has been accepted / certified / signed, the invoice shall be forwarded via e-mail to DESBattleCreekInvoices@dla.mil. After receipt processing, DES-WRF will facsimile the contractor’s invoice to DFAS-Columbus for subsequent payment. To ensure payment, invoices must include the information required by Federal Acquisition

Regulation (FAR) 52.212-4(g). FAR Clause may be accessed on the Internet at http://farsite.hill.af.mil

(b) All payments will be made in accordance with the clause entitled: PROMPT PAYMENT, FAR 52.232-25

(OCT 2003).

1.7 DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

DLA Disposition Services implemented EMS in accordance with ISO 14001:2004(E), DOD and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in DRMS-I 6050.2, Environmental Management System (EMS) Core Instruction. Site supplements detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program.

Contractors may request current copies of EMS information identified in this paragraph by sending an e-mail request to DRMSEMR@dla.mil.

1.8 DLA DISPOSITION SERVICES 52.211-9R21 FEDERALLY OBSERVED HOLIDAYS (DEC 1995)

The following legal holidays are observed by this agency:

New Years Day 1 January Martin Luther King Jr. Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Fourth Thursday in November Christmas 25 December

*If this date falls on a Saturday, the proceeding Friday is the holiday; if it falls on a Sunday, the following Monday is a holiday.

1.9 QUOTE SUBMISSION

Offers submitted in response to this Request for Quote (RFQ) shall be in the English language and in terms of United States Dollars (USD). Offerors are required to submit completion of all CLINs on the bid schedule; and completed FAR 52.212-3 with their quote package. Copies of the Federal Acquisition Regulation (FAR) clauses may be accessed on the Internet at http://farsite.hill.af.mil.

Quotes shall be submitted by 2:00 p.m. Eastern Time on February 24, 2011. Quotes shall be forwarded to the following e-mail address: erin.clore@dla.mil; or by facsimile at (269) 961- 4474: Attention Erin Clore, Contract Specialist.

2. CLAUSES

2.0 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (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. Also, the full text of a clause may be accessed electronically at one of the following addresses: http://farsite.hill.af.mil/vffara.htm; http://www.drms.dla.mil/newproc/clauses.shtml

2.1 CENTRAL CONTRACTOR REGISTRATION FAR 52.204-7 (APR 2008)

2.2 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS-FAR 52.212-4

2.3 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS FAR 52.212-5 (JAN 2011)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108- 78).

(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:

[Contracting Officer check as appropriate.]

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X__ (10) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C.

644).

_X__ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X__ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (22) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X__ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (26) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X__ (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

_X__ (34) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X__ (37) 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).

_X__ (42) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

(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:

[Contracting Officer check as appropriate.]

(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, 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.

(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 (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C.

793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

(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)

2.4 TYPE OF CONTRACT 52.216-1 (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

2.5 STOP-WORK ORDER FAR 52.242-15 (Aug. 1989)

2.6 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS FAR 252.212-7001 (JAN 2011)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

____ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) _X___ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(25)(i) _X___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) _X___ Alternate III (MAY 2002) of 252.247-7023.

(26) _X___ 252.247-7024, Notification of Transportation of Supplies by Sea

(MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(2) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C . 2631).

(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

2.7 DLA DISPOSITION SERVICES 52.211-9R02 ANTICIPATED REGULATORY CHANGES (JAN

2000)

As noted in Section C, performance under any contract resulting from this solicitation must be in compliance with all local, state, and federal laws and regulations. Accordingly, it is the responsibility of the offeror to ensure that all such laws and regulations are considered in the preparation of its proposal. Such consideration should include not only relevant laws and regulations currently in effect, but also revisions thereto for which public notice has been given that may reasonably be anticipated to be effective during the life of the contract.

2.8 ALTERNATE PROTEST PROCEDURES, DLA Disposition Services 52.233-9R01 (JAN 1997) Fill in is: DRMS-J-72

3. PROVISIONS

3.0 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 52.252-1 (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://farsite.hill.af.mil/vffara.htm; http://www.drms.dla.mil/newproc/clauses.shtml

3.1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS - FAR 52.212-1 (JUN 2008)

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

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government and is the lowest price.

3.3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS FAR

52.212-3 (JAN 2011)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

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

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

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

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

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

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

(1) Means a small business concern—

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

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

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

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

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

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

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

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

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

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

13 CFR 124.1002.

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

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

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

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

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

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

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

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

(Check one of the following):

Number of Employees Average Annual Gross Revenues

50 or fewer $1 million or less

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

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

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

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

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

Over 1,000 Over $17 million

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

(i) General. The offeror represents that either—

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

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

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

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

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

(ii) It [_] is, [_] not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture.

[The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

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

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

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

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

Other End Products

Line Item No.: Country of Origin:

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

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

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

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

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

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

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§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 appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.