Drug Test Kits Solicitation 20Q1007.docx

M0026320Q1007

Section B - Supplies or Services and Prices

DRUG TEST KITS

FFP

ORDERING PERIOD: 07 DECEMBER 2020 THROUGH 06 DECEMBER 2021

The required drug testing kits shall test urine for the following drugs at the specified cut off level:

1. Marijuana (THC) at 20ng./mL

2. Cocaine (COC) at 150 ng./mL

3. Methamphetamine (METH) at 500 ng./mL

4. Amphetamine (AMP) at 500 ng./mL

5. Opiates (OPI) at 300 ng/mL

The drug test kits shall test, at a minimum, for the drugs listed above at the specified cutoff levels. The drug test kits may include testing of additional drugs with cutoff levels at or above current industry standards. All drug assays shall be contained in a single test cup. The cup shall be contained in a single test cup. The cup shall also include a built-in validity/adulteration test and a built-in temperature strip and screw on lid.

Shipping Addresses will be listed on individual delivery order. All deliveries shall be 10 days After Receipt Of Order (ARO).

FOB: Destination

PSC CD: 6640

ESTIMATED

NET AMT

FFP

ORDERING PERIOD: 07 DECEMBER 2021 THROUGH 06 DECEMBER 2022

The required drug testing kits shall test urine for the following drugs at the specified cut off level:

1. Marijuana (THC) at 20ng./mL

2. Cocaine (COC) at 150 ng./mL

3. Methamphetamine (METH) at 500 ng./mL

4. Amphetamine (AMP) at 500 ng./mL

5. Opiates (OPI) at 300 ng/mL

The drug test kits shall test, at a minimum, for the drugs listed above at the specified cutoff levels. The drug test kits may include testing of additional drugs with cutoff levels at or above current industry standards. All drug assays shall be contained in a single test cup. The cup shall be contained in a single test cup. The cup shall also include a built-in validity/adulteration test and a built-in temperature strip and screw on lid.

Shipping Addresses will be listed on individual delivery order. All deliveries shall be 10 days After Receipt Of Order (ARO).

ESTIMATED

FFP

ORDERING PERIOD: 07 DECEMBER 2022 THROUGH 06 DECEMBER 2023

The required drug testing kits shall test urine for the following drugs at the specified cut off level:

1. Marijuana (THC) at 20ng./mL

2. Cocaine (COC) at 150 ng./mL

3. Methamphetamine (METH) at 500 ng./mL

4. Amphetamine (AMP) at 500 ng./mL

5. Opiates (OPI) at 300 ng/mL

The drug test kits shall test, at a minimum, for the drugs listed above at the specified cutoff levels. The drug test kits may include testing of additional drugs with cutoff levels at or above current industry standards. All drug assays shall be contained in a single test cup. The cup shall be contained in a single test cup. The cup shall also include a built-in validity/adulteration test and a built-in temperature strip and screw on lid.

Shipping Addresses will be listed on individual delivery order. All deliveries shall be 10 days After Receipt Of Order (ARO).

ESTIMATED

FFP

ORDERING PERIOD: 07 DECEMBER 2023 THROUGH 06 DECEMBER 2024

The required drug testing kits shall test urine for the following drugs at the specified cut off level:

1. Marijuana (THC) at 20ng./mL

2. Cocaine (COC) at 150 ng./mL

3. Methamphetamine (METH) at 500 ng./mL

4. Amphetamine (AMP) at 500 ng./mL

5. Opiates (OPI) at 300 ng/mL

The drug test kits shall test, at a minimum, for the drugs listed above at the specified cutoff levels. The drug test kits may include testing of additional drugs with cutoff levels at or above current industry standards. All drug assays shall be contained in a single test cup. The cup shall be contained in a single test cup. The cup shall also include a built-in validity/adulteration test and a built-in temperature strip and screw on lid.

Shipping Addresses will be listed on individual delivery order. All deliveries shall be 10 days After Receipt Of Order (ARO).

ESTIMATED

FFP

ORDERING PERIOD: 07 DECEMBER 2024 THROUGH 06 DECEMBER 2025

The required drug testing kits shall test urine for the following drugs at the specified cut off level:

1. Marijuana (THC) at 20ng./mL

2. Cocaine (COC) at 150 ng./mL

3. Methamphetamine (METH) at 500 ng./mL

4. Amphetamine (AMP) at 500 ng./mL

5. Opiates (OPI) at 300 ng/mL

The drug test kits shall test, at a minimum, for the drugs listed above at the specified cutoff levels. The drug test kits may include testing of additional drugs with cutoff levels at or above current industry standards. All drug assays shall be contained in a single test cup. The cup shall be contained in a single test cup. The cup shall also include a built-in validity/adulteration test and a built-in temperature strip and screw on lid.

Shipping Addresses will be listed on individual delivery order. All deliveries shall be 10 days After Receipt Of Order (ARO).

ESTIMATED

Section C - Descriptions and Specifications

DESCRIPTION OF REQUIREMENTS

Description of Requirement Marine Corps Recruiting Command Drug Test Kits

General: This is a Firm Fixed Price, Single Award, Indefinite Delivery, Requirements contract for Drug Test Kits to be delivered as needed to units within Marine Corps Recruiting Command.

Background The Marine Corps Recruiting Command (MCRC) has a requirement for non-instrumental, single-use instant drug test kits. These kits are used at the Military Entrance Processing Station (MEPS) to screen poolees/applicants as they go through the enlistment process. This is a commercial item that may require modifications of a type customarily available in the commercial marketplace, or minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements.

Scope The scope of this requirement is to provide drug test kits, as needed, to each of the six (6) Marine Corps Districts (MCDs), by issuance of a Delivery Order. Delivery of drug test kits will be to eight (8) Recruiting Stations (RS) within each MCD. The Delivery Orders are typically issued on a quarterly basis. The Contractor shall provide all materials, equipment, personnel, and facilities necessary to manufacture, produce and deliver the drug test kits. The delivery address for the location will be identified on each order issued.

Requirements Point of Contacts Government Point of Contact for Marine Corps Recruiting Command (MCRC):

Lauren Page Contract Specialist Marine Corps Recruiting Command (G-4) 3280 Russell Rd, 2nd Floor Quantico, VA 22134 Phone: 703-432-9701 Email: lauren.page@marines.usmc.mil

Requirement The required drug test kits shall test urine for the following drugs, at the specified cutoff levels:

1. Marijuana (THC) at 20ng./mL

2. Cocaine (COC) at 150 ng./mL

3. Methamphetamine (METH) at 500 ng./mL

4. Amphetamine (AMP) at 500 ng./mL

5. Opiates (OPI) at 300 ng/mL

The drug test kits shall test, at a minimum, for the drugs listed above at the specified cutoff levels. The drug test kits may include testing of additional drugs with cutoff levels at or above current industry standards. All drug assays shall be contained in a single test cup. The cup shall also include a built-in validity/adulteration test and a built-in temperature strip and screw on lid.

Estimated Quantities Provided below are the estimated quantities for each MCD:

Specifications

TEST FEATURES:

1. The drug test kits shall be designed to allow test results to be easily photocopied.

2. The product shall be a one-step, all-inclusive test kit for the simultaneous, qualitative detection of multiple drugs and drug metabolites in human urine and also have built-in validity/adulteration testing.

3. The test shall not require any pre-treatment of the urine sample prior to testing and must be non-instrument based, free of plumbing and electrical systems, with an ease of use based on practical portable field application and use. No pipettes, droppers, patches, or other devices/materials shall be required for operation and use.

4. The test shall be able to be stored at room temperature, with a minimum shelf life of 12 months from date of delivery.

5. The test and test results shall be clear and easy to read visually.

6. The test cup shall be able to run standing upright and shall not require tilting or inverting the cup upside down to run the test.

7. The test time to completion for read, once operator begins the test, shall not exceed five (5) minutes, but test results shall remain stable for up to one (1) hour.

8. The test cup shall have a screw on lid, and be a one-step, all-inclusive cup requiring no additional keys or devices for the specimen to interact with test material.

ACCURACY AND RELIABILITY:

1. The drug assays at the specified cutoff levels shall be approved by the US Food and Drug Administration (FDA) for commercial distribution as a medical device with an active 510(K) notification document.

2. The test product shall be manufactured to be “negative specific.”

3. The assays shall have been proficiency tested by the College of American Pathologists and subsequently published on their product/method Master List indicating that products meet the proficiency testing requirements.

QUALITY CONTROL:

1. The Contractor shall have a specialized internal quality control test which provides guaranteed quality product for each lot produced.

2. The device shall provide an easily-read internal control test which indicates that the device is functioning properly.

3. Device test results shall not be openly visible to the donor (i.e. the area of the test results should remain covered until the test administrator is ready to read the results and the donor cannot remove the cover without clear evidence of tampering).

4. The assay test strips within the device shall be encapsulated and protected from donor tampering.

5. Tamper-evident security seals shall be provided for each device to ensure that the cup has not been reopened once the specimen has been submitted, and to allow the specimen to be sent to a laboratory for further GC/MS confirmation if desired or needed. The seals shall provide surface and space for written data related to the specimen collection and donor and operator information, if needed.

6. The Contractor shall supply a legally defensible drug test results from incorporating a photocopy template to allow actual test results to be copied and kept on record along with related donor information, if needed.

TRAINING AND SUPPORT:

1 Contractor shall have current training systems in place via:

a. Online web-based training; or

b. Product-specific user manual supported by DVD/CD training materials, delivered to each delivery location on the first Delivery Order.

2. Customer Service Support

a. The Contractor shall provide Customer Service support through life of the contract via telephone during the standard operating hours of 8:00 AM to 8:00 PM, Eastern Standard Time (EST). This Customer Service support will include answering questions about the product’s features and functionality.

Delivery The Contractor shall deliver the drug testing kits in accordance with each Delivery Order. Shipping addresses and a Point of Contact will be listed for each delivery location on the Delivery Order. Delivery shall be 10 days After Receipt of Order (ARO).

Deliverables The Contractor shall deliver drug test kits in the quantities specified in each individual Delivery Order.

The Contractor shall provide in every box a separate packing list which reflects the Delivery Order number and the quantity of drug test kits included.

The Contractor shall provide to the Government POC via email prior to invoice submission in Wide Area Work Flow (WAWF); a document, that shows the Government receipt of drug test kits delivered to each location. The Government POC is Ms. Lauren Page, email: Lauren.Page@marines.usmc.mil.

1st DISTRICT RS SHIPPING ADDRESSES

1MCD DHQ

605 Stewart Avenue

Garden City, NY 11530

Attn: Supply, 516-228-5619

RS Albany

1 Buffington Street

Watervliet Arsenal

Watervliet, NY 12189

Attn: Supply, 518-266-6112

RS Baltimore

1334 Ashton Road

Hanover, MD 21076

Attn: Supply, 410-850-0826

RS Harrisburg

Bldg. 54, Bay 5, DDC

New Cumberland, PA 17070

Attn: Supply, 717-770-7295

RS New Jersey

Naval Weapons Station Earle

201 Route 34 South, Bldg. C-38

Colts Neck, NJ 07722

Attn: Supply, 732-866-2929

RS New York

605 Stewart Avenue

Garden City, NY 11530

Attn: Supply, 516-228-3681

RS Pittsburgh

1000 Liberty Avenue, Room 1816

S. Moorhead Federal Building

Pittsburgh, PA 15222

Attn: Supply, 412-395-4642

RS Boston

495 Summer Street, 4th Floor

Boston, MA 02210

Attn: Supply, 617-782-9976/7

RS Springfield

700 Eagle Drive

Bldg. 3103, Suite 143

Chicopee, MA 01022

Attn: Supply, 413-378-1629

4th DISTRICT RS SHIPPING ADDRESSES

RS Cleveland

7261 Engle Road, Suite 110

Middleburg Heights, OH 44130-3479

Attn: Supply, 440-243-4010

RS Columbus

200 N. High Street

Columbus, OH 43215

Attn: Supply, 380-867-2603

RS Frederick

5112 Pegasus Ct., Suite B

Frederick, MD 21704

Attn: Supply, 301-668-2025

RS Lansing

315 W. Allegan Street

Suite 102

Lansing, MI 48993

Attn: Supply, 517-882-1797

RS Louisville

600 Martin Luther King Jr. Place, Rm 221

Louisville, KY 40202-2269

Attn: Supply, 502-582-6600

RS Nashville

2519 Perimeter Place Drive

Nashville, TN 37214-3681

Attn: Supply, 615-627-1526

RS Raleigh

5000 Falls of Neuse Road, Ste. 404

Raleigh, NC 27609

Attn: Supply, 919-790-3040

RS Richmond

9210 Arboretum Parkway, Suite 220

Richmond, VA 23236-3472

Attn: Supply, 804-272-0227

6th DISTRICT RS SHIPPING ADDRESSES

RS Atlanta

4855 Peachtree Industrial Blvd Suite 225

Norcross, GA 30092

Attn: Supply, 770-246-9026/0026

RS Montgomery

2350 Fair-lane Dr. Suite 120

Montgomery, AL 36116

Attn: Supply, 334-647-3102 Ext. 3

RS Charlotte

8702 Red Oak Blvd, Suite G

Charlotte, NC 28217

Attn: Supply, 980-209-8878/8879

RS Baton Rouge

5555 Hilton Ave, Suite 103

Baton Rouge, LA 70808-2597

Attn: Supply, 225-927-1432 Ext. 216

RS Columbia

9600 Two Notch Rd., Suite 17

Columbia, SC 29223

Attn: Supply, 803-788-4620 Ext. 4

RS Jacksonville

3728 Phillips HWY Suite 229

Jacksonville, FL 32207

Attn: Supply, 904-346-3336 Ext. 2

RS Tampa

3923-3925 Coconut Palm Drive

Suite 107

Tampa, FL 33610

Attn: Supply, 407-432-7869

RS Ft. Lauderdale

7820 Peters Rd. Suite E-109

Plantation, FL 33324

Attn: Supply, 954-452-0333 Ext. 308/309

8th DISTRICT RS SHIPPING ADDRESSES

RS Albuquerque

5338 Montgomery Blvd NE, Suite 300

Albuquerque, NM 87109

Attn: Supply, 505-878-6492

RS Dallas

1331 N. Plano Rd

Richardson, TX 75081

Attn: Supply, 214-431-0310

RS Denver

621 17th Street, Suite 304

Denver, CO 80202

Attn: Supply, 303-832-3051

RS Fort Worth

3313 W. Pioneer Pkwy

Pantego, TX 76133

Attn: Supply, 817-303-3413

RS Houston

701 San Jacinto St.

U.S. Customhouse, Rm 225

Houston, TX 77002-3622

Attn: Supply, 713 830-7800

RS Phoenix

One North First St., Suite 302

Phoenix, AZ 85004

Attn: Supply, 602-256-7941

RS Salt Lake City

309 W. 2880 S.

Salt Lake City, UT 84115

Attn: Supply, 801-954-0416

RS San Antonio

8700 Tesoro Drive, Suite 275

San Antonio, TX 78217

Attn: Supply, 210-283-6280

9th DISTRICT RS SHIPPING ADDRESSES

RS Chicago

2400 E. Devon Avenue

Des Plaines, IL 60018

Attn: Supply, 847-803-6371

RS Des Moines

7105 NW 70th Avenue

Camp Dodge Bldg. S-72

Johnston, IA 50131

Attn: Supply, 515-727-3470

RS Indianapolis

9152 Kent Avenue

Bldg. 401, Suite 2C

Indianapolis, IN 46216

Attn: Supply, 317-549-6121

RS Kansas City

10302 NW Prairie View Road

Kansas City, MO 64153

Attn: Supply, 816-891-0969

RS Milwaukee

11050 West Liberty Drive

Suite 110

Milwaukee, WI 53224

Attn: Supply, 414-434-0416

RS Oklahoma City

301 NW 6th St., Suite 211

Oklahoma City, OK 73102

Attn: Supply, 405-609-8766

RS St Louis

1222 Spruce Street

St Louis, MO 63103

Attn: Supply, 314-331-4558

RS Twin Cities

1 Federal Drive

Suite G473

Fort Snelling, MN 55111

Attn: Supply, 612-725-3230

12th DISTRICT RS SHIPPING ADDRESSES

RS San Diego

16644 West Bernardo Dr, Suite 440

San Diego CA 92127

Attn: Supply, 858-675-4922

RS Orange

411 W. 4th St

Suite 7030, C-23

Santa Ana, CA 92701

Attn: Supply, 949-261-0332

RS Los Angeles, USMC

6230 Van Nuys Blvd, Suite 3005

Van Nuys, CA 91401

Attention: Supply, 818-373-5533

RS Sacramento

4090 Truxel Rd

Sacramento, CA 95834

Attn: Supply, 916-928-2603

RS San Francisco

546 Vernon Ave, Suite 215

Mountain View, CA 94043

Attn: Supply, 650-603-8952

RS Portland

100 SW Main St Ste. 600

Portland, OR 97204

Attn: Supply, 503-326-3016

RS Riverside

14560 4th Street Bldg. 2640

March ARB

Riverside, CA 92518

Attn: Supply, 951-455-7846

RS Seattle

4735 E. Marginal Way

S. Federal Center

South Suite #1238

Seattle, Washington 98134

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

Section G - Contract Administration Data

CONTRACT ADMIN ADMINISTRATION

G-1 Contract administration functions shall be retained by the Regional Contracting Office, Marine Corps Recruit Depot, Parris Island, South Carolina. Any inquiries pertaining to the administration of performance of this contract should be directed to the Regional Contracting Office.

G-1.l Invoices and receiving documents shall be submitted through Wide Area Workflow (WAWF) for payment in accordance with DFARS 252.232-7006.

G.2 Contract Correspondence and Inquiries

G-2.1 All correspondence/inquiries shall reference the appropriate Contract Number, and shall be submitted to the following address:

Regional Contracting Office, Paris Island Marine Corps Recruit Depot Attn: Connie A. Washington Contract Specialist Parris Island, SC 29905 Phone: 843-228-3779 E-mail: connie.washington@usmc.mil Regional Contracting Office, Paris Island Marine Corps Recruit Depot Attn: Kacy Mohead Contracting Officer Parris Island, SC 29905 Phone: 843-228-2188 E-mail: kacy.m.mohead@usmc.mil

G-3 Technical Inquiries

G-3.1 Upon contract award, all inquiries that relate to technical issues shall be directed to the contracting office.

NOTE: The Contractor hereby understands that only technical issues can be discussed with the COR.

G.4 Authority of Government Personnel

G-4.1 Notwithstanding any provisions to the contrary contained elsewhere in this solicitation, the Contracting Officer is the only person authorized to approve and issue amendments to this solicitation.

G-4.2 The Contracting Officer is the only person who can legally modify any resulting contract or obligate the Government for the expenditure of public funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-- “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and 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

(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.

“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).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(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—

(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

(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—

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

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

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

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

“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

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

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

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

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

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

“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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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.

(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.

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

Note: Complete paragraphs (c)(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 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)(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--

(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act 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 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.”

(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”:

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

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

Other Foreign End Products:

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

(2) Buy American—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:

Line Item No.:

[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:

(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:

(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 clause of this solicitation entitled “Trade Agreements.”

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

Other End Products

(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.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §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). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was…