W52P1J-19-T-3019.pdf

SEE ADDENDUM

(No Collect Calls)

W52P1J19T3019 17-Apr-2019

b. TELEPHONE NUMBER

309-782-6760

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 01 May 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W52P1J9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CINDY S. WITHERSPOON

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

CCRC-IS

BLDG 60, 3RD FLOOR

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

321920

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF60

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W52P1J19T3019

Section SF 1449 - CONTINUATION SHEET

EXECUTIVE SUMMARY

ADDENDA TO 52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERICIAL ITEMS (OCT 2018)

1. The Army Contracting Command - Rock Island (ACC-RI) hereby issues Solicitation W52P1J-19-T-3019 that will result in a 5 year Firm-Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract for various Wood Packaging Components. This solicitation is issued in accordance with FAR 12 (Acquisition of Commercial Items) and FAR Part 13 (Simplified Acquisition Procedures).

2. The following are the contract line item numbers (CLINs) being solicited along with their description, minimum quantity, and maximum quantity for the each delivery order (See Clause; 52.216-19, Order Limitations for further information):

Minimum Maximum CLIN Description Quantity Quantity 0001 End Plate Plywood 1,000 80,000

(60MM/120MM)

0002 End Gate 200 5,000

(120MM)

0003 Spacer Assembly 200 5,000

(120MM)

0004 End Support Gate 200 2,000

(81MM)

0005 Middle Support Gate 200 2,000

(81MM)

0006 Pallet Filler 500 5,000

(81MM)

0007 Side Gate 50 500

(60MM)

0008 Alt Plywood Support 25 250

(60MM)

3. Maximum Contract Quantities for each CLIN are as follows:

Maximum Contract CLIN Description Quantity 0001 End Plate Plywood 400,000

(60MM/120MM)

0002 End Gate 25,000

(120MM)

0003 Spacer Assembly 25,000

(120MM)

0004 End Support Gate 8,000

(81MM)

0005 Middle Support Gate 8,000

(81MM)

0006 Pallet Filler 20,000

(81MM)

0007 Side Gate 2,500

(60MM)

0008 Alt Plywood Support 1,250

(60MM)

4. Offerors shall provide a completed Price Matrix (Attachment 0001). Firm unit prices shall be provided for all quantities, and quantity ranges. Proposed unit prices shall be limited to two (2) decimal places. The following instructions are for completion of the Price Matrix.

a. The Offeror shall fill in all information highlighted in blue.

b. The Offeror shall enter its full name and Cage Code in the spaces provided.

c. Offerors are required to propose binding, firm-fixed unit prices, as applicable. Failure to do so may result in the offer being rejected.

d. Offerors shall not make any changes or add any other information to the Price Matrix.

e. If an Offeror fails to propose prices for all quantity ranges and years the Government may reject that offer as unacceptable.

f. Offeror is required enter the date of the proposal on the Price Matrix.

5. The ordering periods are provided below (actual dates will be provided at time of award):

Ordering Period 1 – Award Date + 365 Days after Award (DAA) Ordering Period 2 – 366 DAA – 731 DAA Ordering Period 3 – 732 DAA – 1,097 DAA Ordering Period 4 – 1098 DAA – 1,463 DAA Ordering Period 5 – 1464 DAA – 1,829 DAA

6. The guaranteed minimum quantity under this IDIQ is 4,200 each, End Plate (CLIN 0001); 500 each, End Gate (CLIN 0002); 350 each, Spacer Assembly (CLIN 0003); 110 each, Side Gate (CLIN 0007); 50 each, Alt Plywood Support (CLIN 0008). A delivery order for the guaranteed minimum quantity will be awarded concurrently with the basic contract. The Government is under no obligation to place subsequent orders after award of the guaranteed minimum quantity.

7. This requirement is issued as a 100% Small Business Set-Aside. The applicable NAICS code is 321920; size standard is 500 employees.

8. Delivery Schedule:

Pre-Production Samples due 30 days after award. Production delivery is due 30 days after Pre-Production Sample Approval.

Each delivery order will state the required delivery schedule.

9. Packaging and Delivery Information:

NOTE: ALL CARRIER SHIPMENTS MUST BE SCHEDULE IN ADVANCE. SEE "NOTICE TO

TRANSPORTATION CARRIERS" IN SECTION F OF THE SOLICITATION.

Delivery shall be made to the following address:

US Army, Pine Bluff Arsenal Central Shipping Receiving Point (CSRP) Bldg 53-990, 506th Street Pine Bluff, AR 71602

Unless specifically coordinated with PBA Material Management for unique items, - All items should come on standard wood pallets - Be of max pallet height of 56 inches - Pallets must be stackable, and able to be stored as stacked for up to 1 year. Corner posts are suggested - Unique items that aren’t stackable or fragile should be marked as such on the pallet.

10. Notes:

a. PROPOSALS ARE DUE NLT 1 May 2019, 12:00 PM (CST)

b. Contract will be awarded in accordance with FAR 52.212-2 to the responsive and responsible contractor that is the lowest price that is determined fair and reasonable, and meets the terms and conditions of this solicitation.

c. “No Bid” responses are accepted.

d. Contractor is liable for ACCURACY of submitted proposals and for any incurred costs if proposal was submitted erroneously.

e. Electronic Invoicing instructions shall be provided at time of award. A DD250 will be required.

f. Proposals submitted in response to this solicitation shall remain valid for 60 days.

g. Contractors must be registered in the System for Award Management (SAM) in order to be eligible for an award with the U.S. Government. Application to this site can be found under the following link: www.sam.gov.

Failure to comply with SAM registration may deem a quote ineligible for award.

h. Please provide your CAGE Code.

i. Please provide your DUNS number.

11. Inspection and Acceptance is at destination. FOB is destination.

12. For the contract resulting from this solicitation, the payment will be made by DFAS, via Wide Area Workflow

(WAWF).

13. Although the Government intends to award the resultant contract without discussions, the Government reserves the right to open discussions.

14. This Executive Summary is provided for administrative assistance only and is not intended to alter the terms and conditions of the contract in any manner. Provisions of this solicitation and technical data shall prevail over this executive summary.

15. Cindy Witherspoon is the Point of Contact (POC) for this action at cindy.s.witherspoon.civ@mail.mil.

END OF ADDENDA 52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018)

ADDITIONAL INFORMATION

NON-RELEASE OF CONTRACT INFORMATION (MAR 2000)

1. Any proprietary, confidential commercial, trade secret or similar type of information in the contract resulting from this solicitation may not be released to anyone outside the Government.

2. Do not release proprietary, confidential commercial, trade secret or similar type of information from this contract to anyone inside the Government that does not have a legitimate need to know the information.

3. If in doubt about what information in the contract may be released, contact the Contracting Officer.

4. Criminal penalties are provided by 18 U.S.C. for the improper release of proprietary and/or confidential commercial information.

DISCLOSURE OF UNIT PRICE INFORMATION (JUN 2005)

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the Contracting Officer is notified of your objection to such release prior to submission of initial proposals.

STANDARD PRACTICE FOR COMMERCIAL PACKAGING (JUN 2005)

Preservation/Packaging/Packing shall conform to commercial level in accordance with the requirements of American Society for Testing and Materials, ASTM D 3951 (DEC 21 1990). The contractor shall mark all shipments in accordance with the requirements of ASTM D 3951 (DEC 21 1990).

Standard Commercial Packaging shall be used. Pallets shall not be taller than five (5) feet tall.

Unless specifically coordinated with PBA Material Management for unique items, - All items should come on standard wood pallets – Be of maximum pallet height of 56 inches – Pallets must be stackable, and able to be stored for up to 1 year. Corner posts are suggested – Unique items that aren’t stackable or fragile should be marked as such on the pallet.

INSPECTION AND ACCEPTANCE SITES (JUN 1997)

1. CLINs: 0001-0008

2. Government Procurement Quality Assurance Actions and/or Inspection Will Be Performed At:

Government Facility Pine Bluff Arsenal, Pine Bluff, AR

3. Government Acceptance Will Be Performed At:

Government Facility Pine Bluff Arsenal, Pine Bluff, AR

CERTIFIED MATERIAL TEST REPORTS

For those material(s) identified below, a certified test report shall be made available to the Government/DCAS Quality Assurance Representative (QAR). The test results contained on the certified test reports(s) shall be adequate to determine compliance with all applicable requirements of the material specifications(s) listed below. Availability of the certified test reports are in addition to other contract requirements and does not reduce or prejudice the Government’s right to inspect supplies under other provisions of this contract. The test report(s) shall contain the following:

(a) Name and Address of Supplier.

(b) Purchase Order Number.

(c) Identification of material by specification, revision, amendment and dates, together with type, grade, size, etc.

(d) Quantity of material.

(e) Test results identified by reference to the applicable requirements.

(f) Quantity tested, sample size, and specimen type as applicable.

(g) Date, signature, and title of the authorized representative of the Contractor that is attesting to the accuracy of test report content.

PART NO. MATERIAL SPECIFICATION REQUIREMENTS FOR WHICH

RESULTS ARE REQUIRED

ALL SPECIFIED CRITERIA

CLIN 0001 End Plate (60mm/120mm) See CLIN description CLIN 0002 End Gate (120mm) See CLIN description CLIN 0003 Spacer Assembly (120mm) See CLIN description CLIN 0004 End Support Gate (81mm) See CLIN description CLIN 0005 Middle Support Gate (81mm) See CLIN description CLIN 0006 Pallet Filler (81mm) See CLIN description CLIN 0007 Side Gate (60mm) See CLIN description CLIN 0008 Alt Plywood Support (60mm) See CLIN description

MIL-STD-1916 (OCT 2000)

The Department of Defense (DoD) Preferred Methods for this Acceptance of Product, MIL-STD-1916, shall be used for this procurement action. All references to MIL-STD-105, MIL-STD-414, MIL-STD-1235, and ANSI Z1.4 appearing in the Technical Data Package (TDP) are replaced by MIL-STD-1916. Verification Levels (VL) shall replace AQLs and shall be VL IV for major characteristics and VL II for minor characteristics.

REWORK AND REPAIR OF NONCONFORMING MATERIAL

(a) Rework and Repair are defined as follows:

(1) Rework - The reprocessing of nonconforming material to make it conform completely to the drawings, specifications or contract requirements.

(2) Repair - The reprocessing of nonconforming material in accordance with approved written procedures and operations to reduce, but not completely eliminate, the nonconformance. The purpose of repair is to bring nonconforming material into a usable condition. Repair is distinguished from rework in that the item after repair still does not completely conform to all of the applicable drawings, specifications or contract requirements.

(b) Rework procedures along with the associated inspection procedures shall be documented by the Contractor and submitted to the Government Quality Assurance Representative (QAR) for review prior to implementation. Rework procedures are subject to the QAR's disapproval.

(c) Repair procedures shall be documented by the Contractor and submitted on a Request for Deviation/Waiver, DD Form 1694, to the Contracting Officer for review and written approval prior to implementation.

(d) Whenever the Contractor submits a repair or rework procedure for Government review, the submission shall also include a description of the cause for the nonconformance and a description of the action taken or to be taken to prevent recurrence.

(e) The rework or repair procedure shall also contain a provision for reinspection which will take precedence over the Technical Data Package requirements and shall, in addition, provide the Government assurance that the reworked or repaired items have met reprocessing requirements.

(f) Rework and repair is a supply chain flow-down requirement that applies to contractors and their suppliers, vendors or subcontractors.

SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION (FEB 2004)

1. THE COMPLETE 13-DIGIT PURCHASE ORDER, DELIVERY ORDER, OR CONTRACT NUMBER (The Number that starts with W52P1J----) MUST BE ON THE OUTSIDE OF THE SHIPPING CONTAINER. This number must also appear on all packing slips, invoices, bills, or any communications regarding this order.

2. A Packing List must be included with each shipment.

3. Any excess quantity delivered that is not covered by a Variation in Quantity clause, is subject to rejection.

4. SHIPMENT OR DELIVERY TO ANY ADDRESS OTHER THAN THE “SHIP TO” ADDRESS

DESIGNATED IN THE PURCHASE ORDER/DELIVERY ORDER/CONTRACT (Block 14 of the DD1155, Block 15 of the SF1449, or Block 11 of the SF 26) MAY RESULT IN A DELAY IN PAYMENT.

5. ANY CHANGE IN THE “SHIP TO” ADDRESS MUST BE APPROVED BY A WRITTEN CONTRACT

MODIFICATION FROM THE CONTRACTING OFFICER.

6. Information from FAR clause 52.232-25, Prompt Payment (FEB 2002), Paragraph (a)(5)(i): For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

PINE BLUFF ARSENAL WORKING HOURS

Receiving hours at Bldg 53-990 are from 6:30a.m. until 2:30p.m. Monday through Thursday.

All shipments must be at Dexter Gate (truck gate) on or before 2:30p.m. unless prior arrangements have been made.

No shipments will be accepted on Friday.

No shipments will be accepted on Government holidays. Government holidays are as follows:

New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, 4th of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. If the holiday falls on a Sunday, the holiday will be observed on the following Monday.

NOTICE TO TRANSPORTATION CARRIERS

Beginning on 1 March 2016, Pine Bluff Arsenal will no longer receive unscheduled inbound shipments. Scheduling is executed via the Carrier Appointment System (CAS) in Electronic Transportation Acquisition (ETA) tool. Carriers without access to CAS call (870) 540-3610 or (870) 540-3611 for appointment 24 hours in advance. In order to obtain an appointment, you must provide a BOL (must contain the following: NSNs, DODIC, Nomenclature and HAZCLASS). This includes FAK. Pine Bluff Arsenal Transportation office hours of operation are 7:00 am – 2:30 pm Mon-Thur. (except Federal Holidays). Closed for receiving on Fridays.

Carriers that do not register shipments in advance may be turned away. ETA Registration New Users. If you do not have an ETA account, follow the instructions below:

1. Go to ETA Home https://eta. sddc.army. mil

2. Select Register for Access-> First Time Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot.

5. Select the Generate Request Form button at the bottom of the page

6. Enter your information. All required fields contain an asterisk to the left of the field name. Users with a

.mil address will be required to register their digital certificate (CAC).

7. After entering information. Select Submit Request.

8. Confirm your email address is correct by selecting OK. A page will be displayed with a Request ID.

This will become your ETA User ID upon approval. Your request for access will be reviewed and you will be contacted via email.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email with a link to obtain a password. If you are using your CAC to authenticate, you will not need a password.

11. Approved CAS ETA users will access CAS through the ETA Home Page (https://eta. sddc.army. mil) -> Select Freight/Cargo Systems -> Select Carrier Appointment System (CAS)

Existing Users:

1. Go to ETA Home https://eta. sddc.army. mil

2. Select Register for Access-> First Time Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot.

5. Select the Generate Request Form button at the bottom of the page

6. Enter your information. All required fields contain an asterisk to the left of the field name.

7. After entering information. Select Submit Request.

8. Confirm your email address is correct by selecting OK.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email informing you that you are approved and that you may begin using the CAS application.

11. Approved CAS ETA users will access CAS through the ETA Home Page (https://eta. sddc.army. mil) -> Select Freight/Cargo Systems -> Select Carrier Appointment System (CAS)

EVALUATION OF OFFERS (ALL OR NONE AWARD)(JUN 2003)

Award will be made to the low acceptable, responsible offeror at a fair and reasonable price.

An offeror must quote on all items in this solicitation to be eligible for award. All items will be awarded only as a unit. Evaluation of offers will be based, among other factors, upon the total price quoted for all items.

PROMPT PAYMENT (MAY 2001) (FAR 52.232-25)

Paragraph (a)(5)(i) is included in full text for the information on the number of days for constructive acceptance.

The remainder of the clause is incorporated by reference. The full text of the entire clause can be requested from the Contracting Officer or found on the Internet at one of the following sites: http://www.arnet.gov/far, http://farsite.hill.af.mil, or http://www.deskbook.osd.mil. THE CONSTRUCTIVE ACCEPTANCE TIME PERIOD

STATED IN THIS CLAUSE SUPERSEDES ANY OTHER PERIOD OF CONSTRUCTIVE ACCEPTANCE

THAT MAY BE STATED ELSEWHERE IN THIS SOLICITATION/CONTRACT.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 30TH day (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision.

In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

INSTRUCTIONS TO OFFERORS

1. The offeror shall enter unit prices for all quantity ranges, all ordering periods, and for all CLINs, in the Wood Packaging – Price Matrix (Attachment 0001). All unit prices shall be rounded to two (2) decimal places. All unit prices will be binding.

2. The Government anticipates receiving competitive proposals and using competition to determine price reasonableness. However, the Government reserves the right to require the submission of any data necessary to validate the reasonableness of an offer.

HAND-DELIVERED BIDS, QUOTES, OR PROPOSALS (Dec 2015)

(a) Effective 1 Dec 2015, should you elect to hand-deliver your bid, quote, or proposal, you must enter Rock Island Arsenal via the Moline, IL entrance gate and proceed to the Visitor Control Center (Building 23) to obtain access credentials. The Visitor Control Center will conduct a background check on all visitors prior to issuing credentials allowing access to Rock Island Arsenal.

(1) Visitors will be asked to provide a State Issued Driver's License, Identification Card, or Passport.

(2) Visitors will be asked what is the purpose and duration of their visit.

(3) A National Crime Information Center - Interstate Identification Index (NCIC-III) check will be conducted.

The time necessary to conduct this check varies, and will be impacted by the volume of traffic at the Visitor Control Center. It is your responsibility to allow adequate time to complete this process.

(4) If the NCIC-III check is favorably completed, installation access will be granted and a credential will be issued for the required duration of the visit.

(5) If the NCIC-III check is not favorably completed, installation access will be denied. If installation access is denied, it remains the offeror's responsibility to deliver its bid, quote, or proposal by the date and time established in the solicitation.

(b) A hand-delivered bid, quote, or proposal must arrive at the Army Contracting Command, Rock Island Contracting Center (ACC-RI) Bid, Quote, and Proposal Receiving Area by the time specified for receipt of offers AND within staffing hours.

(c) The ACC-RI Bid, Quote, and Proposal Receiving Area is located in the vestibule of the southwest entrance to Building 60 (first floor).

(d) The ACC-RI Bid, Quote, and Proposal Receiving Area is the ONLY area where hand-delivered bids, quotes, or proposals will be accepted.

(e) Staffing hours of the ACC-RI Bid, Quote, and Proposal Receiving Area are 8:00 a.m. to 4:00 p.m. CT, Monday through Friday. No packages will be accepted on Federal Holidays.

(f) The ACC-RI offices are located in a secure building; however, the Bid, Quote, and Proposal Receiving Area is accessible to the public. When you arrive at the Receiving Area, you will need to use a personal phone to contact an ACC-RI point of contact (POC) who will log in your bid, quote, or proposal. Primary POC phone numbers are:

309-782-3218 or 309-782-5729. If there is no answer on either of these numbers, you should call 309-782-6895 to reach an alternate POC. Note, these contact phone numbers are displayed on a table located in the Receiving Area.

(g) If you use a delivery service, it is your responsibility to ensure they are provided these instructions. If a delivery service is denied access to the installation, it remains the offeror's responsibility to deliver its bid, quote, or proposal by the date and time established in the solicitation.

(h) In the event this solicitation is an Invitation for Bids, reference FAR 52.214-7, "Late Submissions, Modifications, and Withdrawal of Bids". If this solicitation is either a Request for Quotations or Request for Proposals, reference either FAR 52.215-1, "Instructions to Offerors - Competitive Acquisitions" (for noncommercial items) or FAR 52.212-1, "Instructions to Offerors -- Commercial Items" (for commercial items). Note that a hand-delivered bid, quote, or proposal is not under the Government's control until it has been logged in by the

ACC-RI POC.

AUTHORIZED SIGNATURE (MAR 2000)

The signature on this solicitation, offer or contract should be the signature of:

(a) A Corporate Officer (President, Vice-President, Treasurer, Secretary); or,

(b) An individual authorized in writing by a Corporate Officer to bind the company to a legal document.

AMC-LEVEL PROTEST PROGRAM (JAN 2016)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. To be timely, protests must be filed within the periods specified in FAR 33.103.

Send protests (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available, contact the Contracting Officer or HQ, AMC Office of Command Counsel to obtain the AMC-Level Protest Procedures.

EVALUATION FOR AWARD

1. The Government will evaluate offers based on the Total Evaluated Price from the Wood Packaging - Price Matrix, and on any other price related factors. The Total Evaluated Price for each CLIN is the sum of the Weighted Evaluation Price from each of the five Ordering Periods for that CLIN.

2. The Weighted Evaluation Price for each Ordering Period is calculated by multiplying the proposed unit prices for each quantity range by their respective weight (%) and maximum quantity for each range, and then summing their totals. The weight associated with each range represents the likelihood that an order, if placed, would be placed within that range. For each CLIN, there are five Ordering Periods. There are four Quantity Ranges for each Ordering Period

3. If an offeror fails to propose unit prices for all quantity ranges and ordering periods, the Government may reject that offer as unacceptable.

4. Price Analysis shall be used to determine price reasonableness. Additional analysis techniques may be used as determined necessary by the Procuring Contracting Officer. These methods of evaluation may include the use of information/input from sources such as (but not limited to) other Government agencies and personnel.

5. As part of the evaluation, proposals may be reviewed to identify any significant unbalanced pricing found between quantity ranges. In accordance with FAR 15.404-1(g), i.e., Unbalanced Pricing, a proposal may be rejected if the contracting officer determines the lack of balance poses an unacceptable risk to the Government.

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

PROVISIONS INCORPORATED BY REFERENCE

52.203-11 Prohibition on Contracting with Entities that Require Certain Internal Confidentially Agreement or Statements – Representation JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.209-2 Prohibition on Contracting with Inverted Domestic NOV 2015 Corporation-Representation 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

CLAUSE INFORPORATED BY FULL TEXT

52-233-2 Protest after Award Aug. 1996

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;

provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government’s rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

(End of Clause)

ADDENDUM TO 52.212-4

ADDENDUM TO 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018)

52.203-12 Limitations on Payments to Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to APR 2014 Inform Employee of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.219-14 Limitations on Subcontracting (Deviation 2019-O0003) DEC 2018 52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.246-2 Inspection of Supplies – Fixed Price-Basic AUG 1996 52.246-16 Responsibility for Supplies APR 1984 52.247-34 F.o.b. Destination NOV 1991 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government OCT 2015 of a Country that is a State Sponsor of Terrorism 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.225-7048 Export Controlled Items JUN 2013

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 400,000

END PLATE

FFP

End Plate, Plywood 60MM and 120MM cartridge, Grade BC, Exterior Grade, Type A, 3 or 5 ply, 6.4mm (1/4 inch) thickness, in accordance with drawing 12577571, Revision G, dated 10 January 2011, Specification A-A-55057 Revision B, dated 15 December 2010.

Each shipment shall include the COC and COA and have certification for heat treatment and pest free certification.

Vendor shall provide a quantity of three (3) each preproduction samples with dimensional analysis, certification of heat Treat Agency and certificates of preservative treatment with samples. These three samples may be furnished without preservative treatment at Vendor's discretion.

However, supply information detailing the preservative that is planned for use. The samples are NOT separately priced, the samples will become part of the production quantity to be delivered.

FOB: Destination

FOB: Destination

PSC CD: 9999

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 25,000

END GATE

FFP

Gate, End 120MM to be constructed in accordance with drawing 19-48-4116 Appendix 38A Revision 5, dated September 2017, Unitization Procedures for Boxed Ammunition and Components on 4-Way Entry Pallets. Detail on Page 4 of Appendix 38A shows construction and dimensions. All wood used in the fabrication of the end gate will be preservative treated and marked IAW note "AA"of drawing 19-48-4116-20PA1002 Revision 12 dated December 2011.

Preservative treatment shall be done after end gate has been assembled. All non-manufactured wood used in the fabrication of the end gate will be heat treated and marked in accordance with note "JJ" of drawing 19-48-4116-20PA1002, Revision 12, dated December 2011. Each shipment must have certification for heat treatment and pest free certification.

Each shipment shall include the COC and COA and have certification for heat treatment and pest free certification.

Vendor shall provide a quantity of three (3) each preproduction samples with dimensional analysis, certification of heat Treat Agency and certificates of preservative treatment with samples. These three samples may be furnished without preservative treatment at Vendor's discretion.

However, supply information detailing the preservative that is planned for use. The samples are NOT separately priced, the samples will become part of the production quantity to be delivered.

UNIT UNIT PRICE MAX AMOUNT

0003 25,000

SPACER ASSEMBLY

FFP

Spacer Assembly, 120MM shall be constructed in accordance with drawing 19- 48-4116-4116/38A, Revision 5, dated September 2017, Unitization Procedures for Boxed Ammunition and Components on 4-Way Entry Pallets. Spacer Assembly shall be preservative treated and marked in accordance with note “AA” of Basic Procedures of drawing 19-48-4116-20PA1002, Revision 12, dated December 2011. All non-manufactured wood shall be heat treated in accordance with note "JJ” of drawing 19-48-4116-20PA1002, Revision 12, dated December 2011.

Pallet filler shall be fabricated from plywood, size 11 ¾ inches X 28 ½ inches X ½ inch thick.

Each shipment shall include the COC and COA and have certification for heat treatment and pest free certification.

Vendor shall provide a quantity of three (3) each preproduction samples with dimensional analysis, certification of heat Treat Agency and certificates of preservative treatment with samples. These three samples may be furnished without preservative treatment at Vendor's discretion.

However, supply information detailing the preservative that is planned for use. The samples are NOT separately priced, the samples will become part of the production quantity to be delivered.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0004 8,000

END SUPPORT GATE

FFP

Gate, End Support Wood, in accordance with drawing 19-48-4116, Appendix 43P, Revision 3, dated November 2001., Materials and assemblies must meet preservative treatment requirements of drawing 19-48-4116-20PA1002 Revision 12, dated December 2011, note “AA”. Materials and assemblies must meet Heat treatment requirements of drawing 19-48-4116-20PA1002, Revision 12, dated December 2011 note “JJ”. Include certification of the Heat Treat Agency and Preservation Treatment with each shipment.

Each shipment shall include the COC and COA and have certification for heat treatment and pest free certification.

Vendor shall provide a quantity of three (3) each preproduction samples with dimensional analysis, certification of heat Treat Agency and certificates of preservative treatment with samples. These three samples may be furnished without preservative treatment at Vendor's discretion.

However, supply information detailing the preservative that is planned for use. The samples are NOT separately priced, the samples will become part of the production quantity to be delivered.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0005 8,000

MIDDLE SUPPORT GATE

FFP

Gate, Middle Support, Wood, in accordance with drawing 19-48-4116, Appendix 43P, Revision 3, dated November 2001. Materials and assemblies must meet preservative treatment requirements of drawing 19-48-4116-20PA1002, Revision 12, dated December 2011, note “AA”. Materials and assemblies must meet Heat treatment requirements of drawing 19-48-4116-20PA1002, Revision 12, dated December 2011, note “JJ”. Include certification of the Heat Treat Agency and Preservation Treatment with each shipment.

Each shipment shall include the COC and COA and have certification for heat treatment and pest free certification.

Vendor shall provide a quantity of three (3) each preproduction samples with dimensional analysis, certification of heat Treat Agency and certificates of preservative treatment with samples. These three samples may be furnished without preservative treatment at Vendor's discretion.

However, supply information detailing the preservative that is planned for use. The samples are NOT separately priced, the samples will become part of the production quantity to be delivered.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0006 20,000

PALLET FILLER

FFP

Pallet Filler shall be constructed in accordance with drawing 44-110-EQ-3001, Dated 10 September 2018. Material must meet preservative treatment requirements of drawing 19-48-4116-20PA1002, Revision 12, dated December 2011, general note “AA”. Materials must meet Heat treatment requirements of drawing 19-48-4116-20PA1002, Revision 12, dated December 2011, note “JJ”.

Include certification of the Heat Treat Agency and Preservation Treatment with each shipment.

Each shipment shall include the COC and COA and have certification for heat treatment and pest free certification.

Vendor shall provide a quantity of three (3) each preproduction samples with dimensional analysis, certification of heat Treat Agency and certificates of preservative treatment with samples. These three samples may be furnished without preservative treatment at Vendor's discretion.

However, supply information detailing the preservative that is planned for use. The samples are NOT separately priced, the samples will become part of the production quantity to be delivered.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0007 2,500

SIDE GATE

FFP

Gate, Side 60MM, Smoke WP M7222A1, shall be constructed in accordance with drawing 19-48-4015/2D-20PA1004, Appendix 2D, Revision 1, May 2015, Unitization Procedures for Boxed White Phosphorus (WP) and Plasticized White Phosphorus (PWP) Loaded Ammunition on 4-Way Entry Pallets. Side Gates shall be preservative treated in accordance with note “BB” of 19-48-4015- 20PA1004, Revision 5, July 2017, Basic Procedures, Unitization Procedures for Boxed White Phosphorus (WP) and Plasticized White Phosphorus (PWP) Loaded Ammunition on 4-Way Entry Pallets. All non-manufactured wood shall be heat treated IAW note “KK” of Basic Procedures 19-

48-4015-20PA1004.

Each shipment shall include the COC and COA and have certification for heat treatment and pest free certification.

Vendor shall provide a quantity of three (3) each preproduction samples with dimensional analysis, certification of heat Treat Agency and certificates of preservative treatment with samples. These three samples may be furnished without preservative treatment at Vendor's discretion.

However, supply information detailing the preservative that is planned for use. The samples are NOT separately priced, the samples will become part of the production quantity to be delivered.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0008 1,250

ALT PLYWOOD SUPPORT

FFP

Alternate Plywood Support piece, 60MM, Smoke WP M7222A1, shall be constructed in accordance with drawing 19-48-4015/2D-20PA1004, Appendix 2D,, Revision 1, May 2015, Unitization Procedures for Boxed White Phosphorus (WP) and Plasticized White Phosphorus (PWP) Loaded Ammunition on 4-Way Entry Pallets. Alternate Plywood Support shall be preservative treated in accordance with note “BB” of 19-48-4015-20PA1004, Revision 5, July 2017, Basic Procedures, Unitization Procedures for Boxed White Phosphorus (WP) and Plasticized White Phosphorus (PWP) Loaded Ammunition on 4-Way Entry Pallets. All non-manufactured wood shall be heat treated IAW note “KK” of Basic Procedures 19-48-4015-20PA1004.

Each shipment shall include the COC and COA and have certification for heat treatment and pest free certification.

Vendor shall provide a quantity of three (3) each preproduction samples with dimensional analysis, certification of heat Treat Agency and certificates of preservative treatment with samples. These three samples may be furnished without preservative treatment at Vendor's discretion.

However, supply information detailing the preservative that is planned for use. The samples are NOT separately priced, the samples will become part of the production quantity to be delivered.

FOB: Destination

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1,000.00 400,000.00 0002 200.00 25,000.00 0003 200.00 25,000.00 0004 200.00 8,000.00 0005 200.00 8,000.00 0006 500.00 20,000.00 0007 50.00 2,500.00 0008 25.00 1,250.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1000.00

80,000.00

0002 200.00

5,000.00

0003 200.00

0004 200.00

2,000.00

0005 200.00

2,000.00

0006 500.00

0007 50.00

500.00

0008 25.00

250.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-25 Prompt Payment JAN 2017 52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

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

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

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

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

and

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

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

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

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was…