Solicitation_v._04.05.16.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 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 CODEFACILITY

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

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

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.

DATE . 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. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NFFN7300-16-01435

WC-133F-16-RQ-0305 APR 05, 2016

LAURA N. TAYLOR

LAURA.N.TAYLOR@NOAA.GOV 816-426-7471

2:00 PM CT

AJ830023

NOAA/AGO/EAD

601 E 12TH STREET

ROOM 1734

KANSAS CITY MO 64106

562111

See Schedule see continuation page for line item details.

See Schedule

APR 12, 2016

Please

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

WC-133F-16-RQ-0305

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 31 WC-133F-16-RQ-0305

Please send all invoices to:

DOC/NOAA/NMFS

Charlotte McClendon 3209 , Frederic Street, Pascagoula, MS 39567

0001 Base Year 5/1/2016 to 4/30/2017 Trash pickup service for all 3 dumpsters:

$______ per month for 12 months totaling $________

(1) 6-yard dumpster for solid waste serviced 2 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 8-yard dumpster for solid waste serviced 3 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 6-yard dumpster (recycle) serviced 1 time per week Located at 202 Delmas Street, Pascagoula, MS. 39567

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2016 to 04/30/2017

12.00 MO

0002 Base Year

5/1/2016 to 4/30/2017 Extra trash pick up when needed: Upon Request:

6 yard dumpster $______ each Located at 3209 Frederic Street, Pascagoula, MS. 39567

8 yard dumpster $______ each Located at 3209 Frederic Street, Pascagoula, MS. 39567

6 yard Recycle dumpster $______ individual/upon request Located at 202 Delmas Street, Pascagoula, MS. 39567

Total:4 pick ups at each location, 12 pick ups in total.

***This is an estimate only. The Government is not bound by the amount listed and shall request services on an as needed basis only.

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2016 to 04/30/2017

4.00 LT

OPT

0003 Option Year 1

5/1/2017 to 4/30/2018 Trash pickup service for all 3 dumpsters:

$______ per month for 12 months totaling $________

(1) 6-yard dumpster for solid waste serviced 2 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 8-yard dumpster for solid waste serviced 3 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

12.00 MO

PAGE 4 OF 31 WC-133F-16-RQ-0305

(1) 6-yard dumpster (recycle) serviced 1 time per week Located at 202 Delmas Street, Pascagoula, MS. 39567

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2017 to 04/30/2018

OPT

0004 Option Year 1

5/1/2017 to 4/30/2018 Extra trash pick up when needed: Upon Request:

6 yard dumpster $______ each Located at 3209 Frederic Street, Pascagoula, MS. 39567

8 yard dumpster $______ each Located at 3209 Frederic Street, Pascagoula, MS. 39567

6 yard Recycle dumpster $______ individual/upon request Located at 202 Delmas Street, Pascagoula, MS. 39567

Total:4 pick ups at each location, 12 pick ups in total.

***This is an estimate only. The Government is not bound by the amount listed and shall request services on an as needed basis only.

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2017 to 04/30/2018

1.00 EA

OPT

0005 Option Year 2

5/1/2018 to 4/30/2019 Trash pickup service for all 3 dumpsters:

$______ per month for 12 months totaling $________

(1) 6-yard dumpster for solid waste serviced 2 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 8-yard dumpster for solid waste serviced 3 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 6-yard dumpster (recycle) serviced 1 time per week Located at 202 Delmas Street, Pascagoula, MS. 39567

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2018 to 04/30/2019

12.00 MO

OPT

0006 Option Year 2

5/1/2018 to 4/30/2019 Extra trash pick up when needed: Upon Request:

PAGE 5 OF 31 WC-133F-16-RQ-0305

6 yard dumpster $______ each Located at 3209 Frederic Street, Pascagoula, MS. 39567

8 yard dumpster $______ each Located at 3209 Frederic Street, Pascagoula, MS. 39567

6 yard Recycle dumpster $______ individual/upon request Located at 202 Delmas Street, Pascagoula, MS. 39567

Total:4 pick ups at each location, 12 pick ups in total.

***This is an estimate only. The Government is not bound by the amount listed and shall request services on an as needed basis only.

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2018 to 04/30/2019

OPT

0007 Option Year 3

5/1/2019 to 4/30/2020 Trash pickup service for all 3 dumpsters:

$______ per month for 12 months totaling $________

(1) 6-yard dumpster for solid waste serviced 2 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 8-yard dumpster for solid waste serviced 3 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 6-yard dumpster (recycle) serviced 1 time per week Located at 202 Delmas Street, Pascagoula, MS. 39567

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2019 to 04/30/2020

12.00 MO

OPT

0008 Option Year 3

5/1/2019 to 4/30/2020 Extra trash pick up when needed: Upon Request:

6 yard dumpster $______ each Located at 3209 Frederic Street, Pascagoula, MS. 39567

8 yard dumpster $______ each Located at 3209 Frederic Street, Pascagoula, MS. 39567

6 yard Recycle dumpster $______ individual/upon request Located at 202 Delmas Street, Pascagoula, MS. 39567

Total:4 pick ups at each location, 12 pick ups in total.

***This is an estimate only. The Government is not bound by the amount listed and shall request services on an as needed basis only.

PAGE 6 OF 31 WC-133F-16-RQ-0305

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2019 to 04/30/2020

OPT

0009 Option Year 4

5/1/2020 to 4/30/2021 Trash pickup service for all 3 dumpsters:

$______ per month for 12 months totaling $________

(1) 6-yard dumpster for solid waste serviced 2 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 8-yard dumpster for solid waste serviced 3 times per week Located at 3209 Frederic Street, Pascagoula, MS.

39567

(1) 6-yard dumpster (recycle) serviced 1 time per week Located at 202 Delmas Street, Pascagoula, MS. 39567

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2020 to 04/30/2021

1.00 EA

OPT

0010 Option Year 4

5/1/2020 to 4/30/2021

Extra trash pick up when needed: Upon Request:

6 yard dumpster $______ each

Located at 3209 Frederic Street, Pascagoula, MS. 39567

8 yard dumpster $______ each

Located at 3209 Frederic Street, Pascagoula, MS. 39567

6 yard Recycle dumpster $______ individual/upon request Located at 202 Delmas Street, Pascagoula, MS. 39567

Total:4 pick ups at each location, 12 pick ups in total.

***This is an estimate only. The Government is not bound by the amount listed and shall request services on an as needed basis only.

Offerors are to return the following information:

1) Page 1 (complete blocks 17a, 30a, 30b, and 30c).

PAGE 7 OF 31 WC-133F-16-RQ-0305

2) Page 3-6 (fill in your quoted prices).

3) Offeror Representations and Certifications (complete

Section 8, FAR 52.212-3 or certify completion in SAM at Https://www.sam.gov/portal/public/

SAM/).

4) Provide an email address where you can be reached for future correspondence:

5) Provide your DUNS number:

6) Your response to 1352.209-74(c), Organizational

Conflict of Interest.

7) Check Block 2(b), 52.209-11, Federal Tax Liability, on page 16.

8) Provide the information required in 1352.213-70

EVALUATION UTILIZING SIMPLIFIED ACQUISITION

PROCEDURES (APR 2010) including: evidence of past performance, prices, proof of insurance and option acknowledgement.

In order to be considered for award you must submit a bid in accordance with the requirements (items 1-7) listed above. If you do not submit all of the requested items you may be considered non-compliant.

* PLEASE ONLY SUBMIT THE INFORMATION

REQUESTED ABOVE. THERE IS NO NEED TO

SUBMIT ALL PAGES OF THIS SOLICITATION. *

Eastern Region Acquisition requires that all contractors doing business with the acquisition office must be registered with the System for Award Management

(SAM). An award cannot be made unless the vendor is registered in SAM. For additional information, and to register in SAM, please access the following website:

https://www.sam.gov/portal/public/SAM/ In order to

PAGE 8 OF 31 WC-133F-16-RQ-0305

register with SAM and to be eligible to receive an award from this acquisition office, all offerors must first have a Dun & Bradstreet (D&B) DUNS number. A DUNS

(Data Universal Numbering System) number may be acquired free of charge at the following website: http:// fedgov.dnb.com/webform

SHIP TO:

USDC/NOAA/NMFS

3209 FREDERIC STREET

F/SEC3

PASCAGOULA MS 39567

Period of Performance: 05/01/2020 to 04/30/2021

Table of Contents

PAGE 9 OF 31 WC-133F-16-RQ-0305

SECTION

. 1 1352.213-70 EVALUATION CRITERIA

. 2 STATEMENT OF WORK

. 3 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

. 4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

. 5 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR. (NOV 2014)

. 6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2015)

. 7 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

. 8 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

. 9 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

. 10 52.237-1 SITE VISIT (APR 1984)

. 11 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

. 12 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

. 13 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

. 14 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

. 15 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

. 16 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

. 17 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2016)

. 18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (MAR 2016)

. 19 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

. 20 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

. 21 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 22 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 23 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

. 24 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

. 25 1352.233-70 AGENCY PROTESTS (APR 2010)

. 26 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS - #REPRESENTATION (FEB 2015)

. 27 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (FEB 2015)

PAGE 10 OF 31 WC-133F-16-RQ-0305

SECTION

. 1 1352.213-70 EVALUATION CRITERIA

1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR

2010)

The Government will issue a purchase order resulting from this Request for Quotation (RFQ) to the responsible quoter offering the lowest evaluated quotation price that meets or exceeds the acceptability standards of the non-cost factors, considering both price and non-price factors. Past

Performance shall be considered more important than price in this evaluation.

The following factors shall be returned and will be used to evaluate quotations:

1. Past Performance.

The offeror's past performance on related contracts will be evaluated to determine as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

- Offeror shall provide a list of at least two (2) past performance references (including

Government agencies if applicable) that you have successfully provided the listed items in the RFQ to in the past 3 years. Past performance references shall include the following information: Company name or Government agency, name of the project, address, contact person’s name and phone number, and the date of delivery of those items.

NOAA will evaluate the relevance and quality of the offeror’s past performance information. In evaluating quality, NOAA will evaluate the quality of service, cost control, timeliness of performance and business relations, proactive management, technical capability and customer satisfaction.

If a quoter has no relevant past performance history, a quoter must affirmatively state that it possesses no relevant past performance history. Offerors who fail to either provide past performance information or affirmatively state they have no past performance history may be considered non-compliant to the solicitation.

2. Price: The offeror’s quoted prices listed on line items 0001-0010 of this RFQ.

Price Proposal: NOAA will evaluate the quoter’s proposed prices for fairness and reasonableness in relation to this RFQ’s requirements. The government intends to award a single fixed price contract in response to this solicitation. The Government reserves the right not to award a contract.

All offers received will be evaluated in accordance with the evaluation criteria. The Government reserves the right to make an award without discussions based solely on initial proposals.

PAGE 11 OF 31 WC-133F-16-RQ-0305

Therefore, offerors should ensure that their initial proposal constitutes their best offer in terms of both price and the technical solution being proposed.

3. Insurance:

The offeror must provide proof of general business insurance.

4. Options:

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

. 2 STATEMENT OF WORK

PAGE 12 OF 31 WC-133F-16-RQ-0305

Solid Waste Removal and Recycling

National Marine Fisheries Service

Statement of Work

Version 1.0 03/11/2016

Prepared by:

COR Jerry Swindell

PAGE 13 OF 31 WC-133F-16-RQ-0305

i

Contents

1. INTRODUCTION

2. SCOPE

3. SERVICES

4. PLACE OF PERFORMANCE

5. PERIOD OF PERFORMANCE

6. SPECIAL CONSIDERATIONS ........................................................................................................... 1,2

PAGE 14 OF 31 WC-133F-16-RQ-0305

NOAA/NMFS

1. Introduction

The Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Pascagoula Laboratory, is located in Pascagoula, MS. The Mississippi Laboratories main address is 3209 Frederic Street, Pascagoula, MS 39567, within the complex is another service address of 202 Delmas Street, Pascagoula, MS 39567.

2. Scope

NOAA is seeking a contractor capable of performing solid waste removal and recycling services at the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Pascagoula Laboratory, is located in Pascagoula, MS.

3. Services:

a. Provide trash pickup service for 3 dumpsters, located at 2 addresses, still within the main complex of 3209 Frederic Street, Pascagoula, MS 39567.

b. The contractor shall provide removal services for (1) 6-yard dumpster for solid waste serviced 2 times per week, (Tues/Fri) located at 3209 Frederic Street, Pascagoula, MS 39567.

c. The contractor shall provide removal services for one (1) 8-yard dumpster for solid waste serviced 3 times per week, (Mon/Wed/Fri), located at 3209 Frederic Street, Pascagoula, MS 39567.

d. The contractor shall provide recycling services (1) 6-yard dumpster (recycle), located in the Vehicle Compound at 202 Delmas Street, Pascagoula, MS 39567, serviced 1 time per week.

e. All containers shall be provided by the contractor.

f. Additional dumpster pickups may be ordered upon request by the Government and shall be priced per individual pick up, as stated and agreed in the line items.

Estimate/Average/ upon Request: 4-5 times per year, each.

4. Place of Performance

a. 3209 Frederic Street Pascagoula, MS 39567

b. 202 Delmas Street Pascagoula, MS 39567

5. Period of Performance

a. Base Year: 05/01/2016 to 04/20/2017

b. Option Year 1: 05/01/2017 to 04/30/2018

c. Option Year 2: 05/01/2018 to 04/30/2019

d. Option Year 3: 05/01/2019 to 04/30/2020

e. Option Year 4: 05/01/2020 to 04/30/2021

6. Government Point of Contact

On Site POC:

Charlotte McClendon

PAGE 15 OF 31 WC-133F-16-RQ-0305

NOAA/NMFS

Administrative Officer NOAA / NMFS MS Labs 3209 Frederic Street Pascagoula, MS 39567 228-549-1609

Government POC issues regarding contract:

Jerry Swindell Management Support Specialist, COR U.S. Department of Commerce NOAA Fisheries Service Panama City FL Lab 850-234-6541 ext. 217 jerry.swindell@noaa.gov

. 3 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(Reference 52.204-7)

. 4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

PAGE 16 OF 31 WC-133F-16-RQ-0305

(Reference 52.204-16)

. 5 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR. (NOV 2014)

(Reference 52.204-17)

. 6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2015)

(Reference 52.204-18)

. 7 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(Reference 52.212-1)

. 8 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

. 9 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

(Reference 52.223-10)

. 10 52.237-1 SITE VISIT (APR 1984)

(Reference 52.237-1)

. 11 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

(Reference 52.237-2)

. 12 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

(Reference 1352.201-70)

. 13 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

. 14 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

. 15 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(Reference 1352.233-71)

. 16 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension

PAGE 17 OF 31 WC-133F-16-RQ-0305

or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

. 17 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

(a) Definitions. As used in this provision-- ``Economically disadvantaged women-owned small business (EDWOSB) concern`` means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

``Forced or indentured child labor`` means all work or service

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or ``Inverted domestic corporation,`` means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

``Highest-level owner`` means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

``Immediate owner`` means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

``Manufactured end product`` means any end product in product and service codes (PSCs) 1000-9999, except

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

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

(8) PSC 9610, Ores;

(10) PSC 9630, Additive Metal Materials.

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

``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-

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology

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

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

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

(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

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

``Service-disabled veteran-owned small business concern``

(1) Means a small business concern

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

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

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

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

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

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

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

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

``Subsidiary`` means an entity in which more than 50 percent of the entity is owned

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

``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

(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) 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 --

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)

(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM

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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 (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/ or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract 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.

(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.

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse de cisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

PAGE 20 OF 31 WC-133F-16-RQ-0305

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

and

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

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 --

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

(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.

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ``domestic end product.`` The terms ``commercially available off-the-shelf (COTS) item,`` ``component,`` ``domestic end product,`` ``end product,`` ``foreign end product,`` and ``United States`` are defined in the clause of this solicitation entitled ``Buy American-Supplies.``

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

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

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

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

PAGE 21 OF 31 WC-133F-16-RQ-0305

Agreement country end product,`` ``Israeli end product,`` and ``United States`` are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.`` Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

Line Item No. Country of Origin

[List as necessary]

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

Line Item No.

(2) Buy American-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-Free Trade Agreements-Israeli Trade Act``:Canadian End Products:

[List as necessary]

(3) Buy American-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--Free Trade Agreements--Israeli Trade Act``:Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Line Item No. Country of Origin

[List as necessary] Line item No. Country of origin

PAGE 22 OF 31 WC-133F-16-RQ-0305

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the claus e 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

[List as necessary]

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

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

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

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

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

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

(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.

(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.

(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. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).