9_-_Solicitation_-_Steroid_Testing_Services.docx

N6264518R0013

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subparts 12 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is N6264518R0013. The solicitation is issued as a request for proposals (RFP). Provisions and clauses in effect through Federal Acquisition Circular 2005-95 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/. The NAICS code is 541380, with a small business size of $15,000,000. The requirement will be fulfilled via an unrestricted, full and open competitive acquisition.

This RFP is on behalf of the Department of Defense (DoD) Drug Demand Reduction Program (DDRP). This requirement is for Steroid Testing Services.

Proposal Submission Proposals are due no later than 13 April 2018 by 02:00 PM Eastern Time. Proposals shall be submitted in accordance with the Addendum to 52.212-1 Instructions to Offerors.

Section SF 1449 - CONTINUATION SHEET

Base

FFP

NET AMT

0001AA

Base Period-AFDTL Lackland

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Lackland Air Force Base.

FOB: Destination

NET AMT

0001AB

Base Period-AFDTL Fort Meade

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Fort Meade, MD.

NET AMT

0001AC

Base Period-NDSL Great Lakes

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Navy Drug Screening Laboratory Great Lakes, IL.

NET AMT

0001AD

Base Period-IRMS testing

The contractor shall provide Isotope Ratio Mass Spectromety (IRMS) testing for any of the three sites in accordance with the attached PWS.

NET AMT

0001AE

Base Period-Telephone Consultation

The contractor shall provide telephone consultation services for any of the three sites in accordance with the attached PWS.

NET AMT

Option 1

NET AMT

1001AA

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Lackland Air Force Base.

NET AMT

1001AB

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Fort Meade, MD.

NET AMT

1001AC

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Navy Drug Screening Laboratory Great Lakes, IL.

NET AMT

1001AD

FFP

The contractor shall provide Isotope Ratio Mass Spectromety (IRMS) testing for any of the three sites in accordance with the attached PWS.

NET AMT

1001AE

FFP

The contractor shall provide telephone consultation services for any of the three sites in accordance with the attached PWS.

NET AMT

Option 2

NET AMT

2001AA

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Lackland Air Force Base.

NET AMT

2001AB

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Fort Meade, MD.

NET AMT

2001AC

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Navy Drug Screening Laboratory Great Lakes, IL.

NET AMT

2001AD

FFP

The contractor shall provide Isotope Ratio Mass Spectromety (IRMS) testing for any of the three sites in accordance with the attached PWS.

NET AMT

2001AE

FFP

The contractor shall provide telephone consultation services for any of the three sites in accordance with the attached PWS.

NET AMT

Option 3

NET AMT

3001AA

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Lackland Air Force Base.

NET AMT

3001AB

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Fort Meade, MD.

NET AMT

3001AC

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Navy Drug Screening Laboratory Great Lakes, IL.

NET AMT

3001AD

FFP

The contractor shall provide Isotope Ratio Mass Spectromety (IRMS) testing for any of the three sites in accordance with the attached PWS.

NET AMT

3001AE

FFP

The contractor shall provide telephone consultation services for any of the three sites in accordance with the attached PWS.

NET AMT

Option 4

NET AMT

4001AA

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Lackland Air Force Base.

NET AMT

4001AB

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Fort Meade, MD.

NET AMT

4001AC

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Navy Drug Screening Laboratory Great Lakes, IL.

NET AMT

4001AD

FFP

The contractor shall provide Isotope Ratio Mass Spectromety (IRMS) testing for any of the three sites in accordance with the attached PWS.

NET AMT

4001AE

FFP

The contractor shall provide telephone consultation services for any of the three sites in accordance with the attached PWS.

NET AMT

Option 5

NET AMT

5001AA

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Lackland Air Force Base.

NET AMT

5001AB

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Air Force Drug Testing Laboratory Fort Meade, MD.

NET AMT

5001AC

FFP

The contractor shall provide all labor, materials, facilities, and equipment necessary to analyze the human urine specimens for anabolic steroids as defined in the Designer Anabolic Steroid Control Act of 2014 and subsequent amendments and the attached PWS for Navy Drug Screening Laboratory Great Lakes, IL.

NET AMT

5001AD

FFP

The contractor shall provide Isotope Ratio Mass Spectromety (IRMS) testing for any of the three sites in accordance with the attached PWS.

NET AMT

5001AE

FFP

The contractor shall provide telephone consultation services for any of the three sites in accordance with the attached PWS.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2018

2480 LADD STREET, BUILDING 3750

LACKLAND AIR FORCE BASE TX 78236-5130

(210) 292-3628

FY2855

30-SEP-2018

LABORATORY FORT MEADE

2490 WILSON STREET

FORT MEADE MD 20755-5235

(301) 677-3891

W23A7S

30-SEP-2018

2500 RODGERS STREET, BLDG 5501

GREAT LAKES IL 60088-2952

(847) 688-2045 X 112

N68849

30-SEP-2018

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

30-SEP-2018

N62645

30-SEP-2019

2480 LADD STREET, BUILDING 3750

LACKLAND AIR FORCE BASE TX 78236-5130

(210) 292-3628

FY2855

30-SEP-2019

LABORATORY FORT MEADE

2490 WILSON STREET

FORT MEADE MD 20755-5235

(301) 677-3891

W23A7S

30-SEP-2019

2500 RODGERS STREET, BLDG 5501

GREAT LAKES IL 60088-2952

(847) 688-2045 X 112

N68849

30-SEP-2019

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

30-SEP-2019

N62645

30-SEP-2020

2480 LADD STREET, BUILDING 3750

LACKLAND AIR FORCE BASE TX 78236-5130

(210) 292-3628

FY2855

30-SEP-2020

LABORATORY FORT MEADE

2490 WILSON STREET

FORT MEADE MD 20755-5235

(301) 677-3891

W23A7S

30-SEP-2020

2500 RODGERS STREET, BLDG 5501

GREAT LAKES IL 60088-2952

(847) 688-2045 X 112

N68849

30-SEP-2020

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

30-SEP-2020

N62645

30-SEP-2021

2480 LADD STREET, BUILDING 3750

LACKLAND AIR FORCE BASE TX 78236-5130

(210) 292-3628

FY2855

30-SEP-2021

LABORATORY FORT MEADE

2490 WILSON STREET

FORT MEADE MD 20755-5235

(301) 677-3891

W23A7S

30-SEP-2021

2500 RODGERS STREET, BLDG 5501

GREAT LAKES IL 60088-2952

(847) 688-2045 X 112

N68849

30-SEP-2021

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

30-SEP-2021

N62645

30-SEP-2022

2480 LADD STREET, BUILDING 3750

LACKLAND AIR FORCE BASE TX 78236-5130

(210) 292-3628

FY2855

30-SEP-2022

LABORATORY FORT MEADE

2490 WILSON STREET

FORT MEADE MD 20755-5235

(301) 677-3891

W23A7S

30-SEP-2022

2500 RODGERS STREET, BLDG 5501

GREAT LAKES IL 60088-2952

(847) 688-2045 X 112

N68849

30-SEP-2022

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

30-SEP-2022

N62645

23-JUN-2023

2480 LADD STREET, BUILDING 3750

LACKLAND AIR FORCE BASE TX 78236-5130

(210) 292-3628

FY2855

23-JUN-2023

LABORATORY FORT MEADE

2490 WILSON STREET

FORT MEADE MD 20755-5235

(301) 677-3891

W23A7S

23-JUN-2023

2500 RODGERS STREET, BLDG 5501

GREAT LAKES IL 60088-2952

(847) 688-2045 X 112

N68849

23-JUN-2023

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

N62645

23-JUN-2023

N62645

Contract Admin Data

1. Contracting Officer’s Representative.

The Contracting Officer’s Representative (COR), CAPT Eric Welsh, is hereby designated the Contracting Officer’s Representative for the purpose of conducting all technical liaison duties with the contractor. Such technical representative is not authorized to direct or consent to any deviation from the specifications, statement of work, and/or terms and conditions of this contract. Accordingly, no deviations thereto may be made without the prior written approval of the Contracting Officer. Refer to Attachment 1: Contract Administration Plan (CAP) for additional information.

2. Contract Administration.

The name, address and telephone number of the Contract Specialist responsible for administering this contract is:

Naval Medical Logistics Command Lindsay Burdette 693 Neiman Street Fort Detrick, MD 21702

(301) 619-3969 Email: Lindsay.K.Burdette.civ@mail.mil

Unless otherwise stated herein, any correspondence or discussion regarding this contract will be directed to the Contract Specialist listed above.

3. Invoicing Instructions.

See 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012).

4. Designation of Ordering Activities.

The following requiring activities and their ordering office are hereby named to place delivery orders.

Navy Drug Screening Laboratory Great Lakes 2500 Rodgers Street, Building 5501 Great Lakes, IL 60088-2952

Primary: Dr. Scott G. McKinley

(847) 688-2045 x151 scott.g.mckinley.civ@mail.mil

Alternate: Mr. Christopher Powell

(847) 688-2045 x112 christopher.powell2@med.navy.mil

Headquarters Air Force Drug Testing Laboratory Wilford Hall Medical Center Building 3750, Ladd Street Lackland Air Force Base, TX 78236 Primary: Ms. Nina Cantu

(210) 292-3309 nina.cantu@us.af.mil

Alternate: Dr. David Turner

(210) 292-3354 david.turner.26@us.af.mil

Army Forensic Toxicology Drug Testing Laboratory 2490 Wilson Street Fort Meade, MD 20755-5235 Primary: COL Claudia Henemyre-Harris

(301) 677-3807 claudia.l.henemyreharris.mil@mail.mil

Alternate: MAJ Benjamin Rowe

(301) 677-3744 benjamin.m.rowe2.mil@mail.mil

The activities’ ordering office is responsible for issuing and administering any orders placed hereunder. Ordering officers have no authority to modify any provision of the basic contract. Any deviations from the terms of the basic contract must be submitted and approved by the Contracting Officer for contractual action.

5. Ordering.

The contract hereby authorizes requiring/ordering activities to place task orders. The contract hereby authorizes requiring/ordering activities to place task orders via SF 1449, DD Form 1155, or other locally approved form signed by a contracting officer or an ordering officer using the government purchase card or Wide Area Workflow for payment methods.

6. Content of Orders.

Orders shall contain the following "minimum" information:

1. Date of order.

2. Contract number and order number.

3. Contract item number and description, quantity, and unit price.

4. Performance Schedule.

5. Place of performance (including consignee).

6. Any packaging, packing, and shipping instructions.

7. Accounting and appropriation data.

8. Method of payment and payment office.

Requiring/ordering activities are required to provide a copy of each order via email to the Naval Medical Logistics Command (NMLC) via NMLC DoD Drug Testing Program Mailbox at usn.detrick.navmedlogcomftdmd.mbx.doddrugtestingprogramnmlc@mail.mil (SUBJECT: Contract Number & Order Number).

7. Reports.

The contractor shall provide an electronic monthly report of sales within ten calendar days after the close of each month’s sales. Reports, in Microsoft Excel, shall be emailed to NMLC DOD Drug Testing Program Mailbox at usn.detrick.navmedlogcomftdmd.mbx.doddrugtestingprogramnmlc@mail.mil (SUBJECT: Contract Number).

Reports shall contain the following information:

1. Date of order.

2. Contract number and order number.

3. Contract item number and description, quantity, and unit price.

4. Total Amount.

5. Ordering Office.

6. Payment Method.

8. Communications.

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor's facility or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

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

(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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 stock of which 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 its stock is owned by one or more women; or

(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 electronically on the SAM website.

(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 database 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), 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 (u) 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 will 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.

(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.

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

(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.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of 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 Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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.