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Kittitas CO Patrol Services, Washington SOLICITATION NO. 140L4325Q0056 <br />BLM Spokane District Page 56 of 65 <br /> (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil <br />judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, <br />attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal <br />or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, <br />bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax <br />laws, or receiving stolen property; <br /> (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government <br />entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and <br /> (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent <br />Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. <br /> (i) Taxes are considered delinquent if both of the following criteria apply: <br /> (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. <br />A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial <br />challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. <br /> (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has <br />failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where <br />enforced collection action is precluded. <br /> (ii) Examples. <br /> (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to <br />seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. <br />Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all <br />judicial appeal rights. <br /> (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the <br />taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office <br />of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien <br />filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer <br />has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. <br />Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all <br />judicial appeal rights. <br /> (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer <br />is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent <br />because the taxpayer is not currently required to make full payment. <br /> (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because <br />enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). <br /> (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). <br />[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that <br />are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, <br />unless excluded at 22.1503(b).] <br /> (1) Listed end products.