Solicitation_HE1254-16-T-0010.doc

Section SF 1449 - CONTINUATION SHEET

ITEM NO

Contractor should provide up to four times-2 days face to face interactive communication and conflict management training for DoDEA educators using developed module by CADRE in accordance with the PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

2 trainers to to design, deliver and report on up to one, 1 day follow-up training in accordance to PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

To ship CADRE materials

FOB: Destination

NET AMOUNT

ITEM NO

Fort Benning, GA and other locations TBD

FOB: Destination

NET AMOUNT

ITEM NO

OPTION

Contractor should provide up to four times-2 days face to face interactive communication and conflict management training for DoDEA educators using developed module by CADRE in accordance with the PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

2 trainers to to design, deliver and report on up to one, 1 day follow-up training in accordance to PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

To ship CADRE materials

FOB: Destination

NET AMOUNT

ITEM NO

Location TBD

FOB: Destination

NET AMOUNT

ITEM NO

Contractor should provide up to four times-2 days face to face interactive communication and conflict management training for DoDEA educators using developed module by CADRE in accordance with the PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

2 trainers to to design, deliver and report on up to one, 1 day follow-up training in accordance to PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

To ship CADRE materials

FOB: Destination

NET AMOUNT

ITEM NO

Location TBD

FOB: Destination

NET AMOUNT

ITEM NO

Contractor should provide up to four times-2 days face to face interactive communication and conflict management training for DoDEA educators using developed module by CADRE in accordance with the PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

2 trainers to to design, deliver and report on up to one, 1 day follow-up training in accordance to PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

To ship CADRE materials

FOB: Destination

NET AMOUNT

ITEM NO

Location TBD

FOB: Destination

NET AMOUNT

ITEM NO

Contractor should provide up to four times-2 days face to face interactive communication and conflict management training for DoDEA educators using developed module by CADRE in accordance with the PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

2 trainers to to design, deliver and report on up to one, 1 day follow-up training in accordance to PWS. Quantity is estimated.

FOB: Destination

NET AMOUNT

ITEM NO

To ship CADRE materials

FOB: Destination

NET AMOUNT

ITEM NO

Location TBD

FOB: Destination

NET AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

10-APR-2017

SEE POINTS OF CONTACT IN THE DELIVERY ORDER

VA

PROVIDED ON DELIVERY ORDER

FOB: Destination

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10-APR-2017

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10-APR-2018

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10-APR-2018

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10-APR-2019

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10-APR-2019

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10-APR-2019

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10-APR-2019

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10-APR-2020

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10-APR-2020

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10-APR-2020

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10-APR-2020

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PERFORMANCE WORK STATEMENT PWS

CEDR COMMUNICATION AND CONFLICT MANAGEMENT IN SPECIAL EDUCATION

AND FOLLOW-UP TRAINING

1.0

INTRODUCTION

1.1.

The Department of Defense Education Activity (DoDEA) serves the educational needs of the dependents of military and civilian employees by providing PK-12 instruction to approximately 75,000 students in seven states, twelve foreign countries, Guam, and Puerto Rico. The number of students varies based on the deployment of military troops worldwide. DoDEA’s curriculum, resources, and student achievement scores on standardized assessments compare favorably to high-performing US public schools.

1.2 DoDEA is divided into three administrative areas. DDESS (Domestic Dependent Elementary and Secondary Schools) covers seven states, Puerto Rico, and Cuba. DoDDS (Department of Defense Dependent Schools) is divided into DoDDS-Europe and DoDDS-Pacific. The former consists of England, Germany, Italy, Belgium, Netherlands, Spain, Portugal, Turkey, and Bahrain. The latter consists of Korea, Japan, and Guam.

2.0

BACKGROUND

2.1 DoDEA’s Center for Early Dispute Resolution (CEDR) has been providing face-to-face trainings entitled Communications and Conflict Management in Special Education (“CCMSE”) at locations systemwide since 2010. This training is based on a model developed for CEDR under a contract with the Consortium for Appropriate Dispute Resolution in Special Education (“CADRE”), which serves as the national Center on Dispute Resolution in Special Education under a contract with the Office of Special Education Programs at the U.S. Department of Education. The purpose of the current contract is to continue to provide this training, to pilot a one-day follow-up training for participants who previously took the two-day training, and to obtain a report of recommendations for DoDEA to provide later follow-up trainings.

3.0

SCOPE

3.1 DoDEA requires trainers to instruct up to four two-day CCMSE trainings, based on the previously-developed CADRE model, per contract year, at worldwide locations throughout the organization. See table in PWS 4.1.6 for likely site locations. The CADRE model includes the following:

1) Understanding of special education conflict in context

2) Sources of special education conflict

3) Nature and costs of conflict escalation

4) CADRE Continuum of Special Education Conflict Resolution Options

5) Additional CADRE resources and how they can be used by participants

6) Facilitated Individualized Education Plan (IEP) meetings

7) Conflict styles and their effect on special education conflict and its resolution

8) Listening skills, responding to challenging behaviors

9) Interest-based negotiations in the context of a process of problem-solving

10) Role play of a special education problem-solving meeting.

3.2 DoDEA requires the development and provision of up to one one-day face-to-face CCMSE follow-up training per contract year.

3.3 DoDEA requires, after the initial face-to-face follow-up training, a report with recommendation of options for the cost-effective provision of additional follow-up trainings.

3.4 Between 10 and 45 participants will generally participate in each training.

3.5 DoDEA expects to award one contract for a base and four option years.

4.0

REQUIREMENTS

4.1 CCMSE training—The Contractor shall instruct the two-day CCSME training based on the previously-developed CADRE model for DoDEA educators in locations worldwide. The Contractor shall:

4.1.1 Provide two trainers for each face-to-face CCMSE training.

4.1.2 Provide up to four CCMSE face-to-face trainings per contract year. The initial training is scheduled for April 19-20, 2016 at Fort Benning and subsequent trainings are per delivery orders.

4.1.3 Provide to each training participant open source (free) CADRE-developed resource materials relevant to participants’ understanding of special education conflict and its management as shown on Attachment 1. If any of these publications is no longer available through CADRE, the Contractor will recommend a suitable replacement CADRE material to the Contracting Officer’s Representative (COR) for approval prior to allowing dissemination to training participants.

4.1.4 Provide the COR electronic documentation of the materials for the training, including the Power Point slides, handouts, and other materials necessary for the training.

4.1.5 Provide post-training support to participants during the period of performance of the contract by providing a Point of Contact (POC) that will provide assistance in connecting any requesting participant with no cost CADRE resources that will advance the participant’s ability to understand conflict management in special education, utilize effective conflict management skills, or obtain information from CADRE staff members with expertise in an area of interest. The Contractor’s POC will receive a participant’s request for assistance through email and will respond to the participant’s email request within five business days.

4.1.6 Listed below are current DoDEA Districts and the likely training site locations in each District. Specific locations will be identified for each delivery order and may be different than those listed in this table.

Likely Sites for CCMSE and Follow-up Trainings

4.2 CCSME follow-up training—The Contractor shall develop and provide a one-day face-to-face CCSME follow-up training session to DoDEA educators in locations worldwide. See table in PWS 4.1.6 for likely site locations. The Contractor shall:

4.2.1 Provide up to one face-to-face CCSME follow-up training per contract year to clients located worldwide. The initial CCSME follow-up training is scheduled for April 21, 2016 at Fort Benning, GA and subsequent follow-up trainings are per delivery orders.

4.2.2 Deliver CCSME follow-up training of 6-8 hours in length.

4.2.3 Design the CCSME follow-up trainings:

i For DoDEA educators who have attended CCMSE training and have had the opportunity to utilize new knowledge and skills from the CCMSE training for at least six months prior to the follow-up training.

ii To work with DoDEA educators in implementing actions essential to changing educator practice through effective professional learning.

iii For the participants to obtain feedback and coaching and have an opportunity to reflect on the how they have implemented the new learning.

iv For the participants to be provided with an opportunity to reflect collaboratively on the outcomes of using the new practices.

v To include opportunities to participate in interactive scenarios, designed by the Contractor and approved by the COR, in which the use of new knowledge or behaviors could have affected the course of the conflict.

4.2.4 Provide a draft outline addressing the areas in 4.2.3 for review by the COR not less than one week prior to the training date, the outline finalized based on written feedback from the COR, and the finalized outline provided to the COR no later than the day before the beginning of the scheduled training.

4.2.5 Provide the COR electronic documentation of the materials for the training, including copies of the Power Point slides, handouts, and other materials necessary for the training no later than the day before the beginning of the scheduled training.

4.3 Report—The Contractor shall provide a report to the COR following completion of the first face-to-face follow-up training. The report will:

4.3.1 Include a recommendation for a practical, cost-effective solution for DoDEA to provide worldwide follow-up training delivery and suggest a strategy or platform for DoDEA to provide additional follow-up trainings. The recommended strategy shall include consideration of:

i content to be included in the follow-up training, ii preferred format(s) (e.g., a virtual format or trainings facilitated by DoDEA personnel located at or near the training site, etc.), iii preferred time limits for the training (e.g., one or multiple sessions, length, etc.), and iv recommended timespan between the initial training and the follow-up training.

4.4 Contractor qualifications—The Contractor-assigned trainers shall have the following documented experience, necessary to ensure that they will be successful in providing these trainings:

4.4.1 Experience providing face-to-face interactive and participatory training specialized in conflict management or conflict resolution to adults to help them understand and use conflict management/resolution behaviors (a minimum of five times, as shown through resumes of proposed personnel)

4.4.2 Experience working with special education issues or special educators for a minimum of three years (as shown through resumes of proposed personnel)

4.4.3 Evidence attesting to the quality or of the training success rates of interactive training specializing in conflict management in special education that has been provided within the last three years (as shown through participant evaluations or summaries of participant evaluations provided at the end of course, evidence of changed behavior related to the training as shown through post-training evaluations and/or a minimum of three letters of reference)

4.4.4 Evidence of success in effectively modelling the use of conflict management skills in the special education context (as shown through letters of reference)

4.4.5 At least one trainer must have the following experience:

i. Previously worked as employee or contractor to CADRE

ii. At a minimum, experience reflects detailed knowledge of and extensive experience in utilizing the models, approaches, and resources developed by CADRE. Knowledge includes but is not limited to the CADRE Continuum, early dispute resolution options, selection and explanation of exemplar programs, and CADRE website.

iii. At a minimum, experience includes but is not limited to connecting educators and educational leaders with resources provided by CADRE, including connections with appropriate CADRE staff with expertise in issues relevant to the educators/leaders.

4.5 The Government shall:

4.5.1 Provide the Contractor access to the electronic documents for the CCMSE training and all training-related materials.

4.5.2 Provide a facility for the training courses.

4.5.3 Provide sufficient copies of PowerPoint slides, course handouts, and other materials for each course participant at the training location, based on electronic documentation provided to DoDEA by the contractor.

5.0

TECHNICAL REQUIREMENTS

N/A

6.0 DELIVERABLES--The Contractor shall:

6.1 Participate in a post-award conference to coordinate details associated with the contract.

6.2 Provide two-day CCSME face-to-face trainings, per PWS 4.1.

6.2.1 Provide training at Fort Benning, per PWS 4.1.2.

6.2.2 Provide subsequent trainings per delivery orders.

6.2.3 Provide post-training support, per PWS 4.1.5.

6.3 Provide CCSME follow-up training, per PWS 4.2.

6.3.1 Provide face-to-face follow-up training at Fort Benning, per PWS 4.2.1.

6.3.2 Provide subsequent follow-up training per delivery orders.

6.4 Provide a report of recommendations, per PWS 4.3.

7.0

PERFORMANCE AND DELIVERY SCHEDULE

7.1 The Contractor shall furnish all services to be performed and all items to be delivered in accordance with the following delivery schedule:

Base Year and Option Years 1-4

8.0

SUPPORTING INFORMATION

8.1 Travel: All travel, airfare, per diem, and car rental, required and authorized by the Contracting Officer's Representative, shall be performed and invoiced IAW the limitations in FAR 31.205-46. Costs shall be allowable only if within the limitations of FAR 31.205-46 and if th following information is documented -- (i) Date and place (city, town, or other similar designation) of the expenses; (ii) Purpose of the trip; and (iii) Name of person on trip and that person's title or relationship to the contractor.

Note: Contractor shall provide a firm quote for travel on the specified date, to the specified city, town, and country prior to the issuance of the delivery order.

8.2 Personnel Replacement: The Contractor shall replace any contracted personnel who are unable to perform duties outlined in this scope of work with similary qualified personnel at no cost to the U.S. Government, subjeect to approval of the replacement by the COR.

8.3 Security Requirements: The Contractor will coordinate with the COR with regard to requirements for access to training locations.

9.0

GOVERNMENT FURNISHED SUPPORT

9.1 Facilities: The Government will provide the facilities for all face-to-face training.

9.2 Escorts: The Government will provide an escort for the Contractor’s team for each face-to-face training.

PERFORMANCE REQUIREMENT SUMMARY

Standards

CADRE Resources

Paper resources:

IDEA Special Education Mediation

IDEA Special Education Due Process Complaints/Hearing Requests

IDEA Special Education Written State Complaints

IDEA Special Education Resolution Meetings

Steps to Success: Communicating with Your Child’s School

CD: Special Education Dispute Resolution: Resources from CADRE and Other Selected Materials, including:

A Tale of Two Conversations: Part One, Part Two

A Tale of Two Conversations Study Guide

Beyond Mediation: Strategies for Appropriate Early Dispute Resolution in Special Education

CADRE Brochure

Considering Mediation for Special Education Disputes: A School Administrator's Perspective

Considerations for Mediating with People who are Culturally Deaf

Educating Our Children Together: A Sourcebook for Effective Family-School-Community Partnerships Encouraging Meaningful Parent/Educator Collaboration: A Review of Recent Literature

Facilitated IEP Meetings: An Emerging Practice

Families and Schools: Resolving Disputes Through Mediation

Four Exemplary Dispute Resolution Systems in Special Education

Frequently Asked Questions on Mediation (FAQs)

Initial Review of Research Literature on Appropriate Dispute Resolution (ADR) in Special Education

Keys to Access: Encouraging the Use of Mediation by Families from Diverse Backgrounds

Listening

Mediation (OSEP Topical Brief)

OSEP IDEA Dispute Resolution Process Comparison Chart

Overview of CADRE

Parents and Educators Working Toward Mutual Solutions

Parents' Experiences with the IEP Process: Considerations for Improving Practice

Perspectives of Participants in Special Education Mediation: A Qualitative Inquiry

Procedural Safeguards: Due Process Hearings (OSEP Topical Brief)

Procedural Safeguards: Surrogates, Notice and Consent (OSEP Topical Brief)

Questions and Answers On Procedural Safeguards and Due Process

Procedures For Parents and Children With Disabilities

Resolution Meetings: A Guide for Parents

State Complaint Procedures (OSEP Topical Brief)

Steps to Success: Communicating with Your Child’s School

Tested Tips for IEP Meetings

Ten Tips for State Education Agencies and Lead Agencies to Improve Their Mediation Agreement Rate

The Impact of Parent/Family Involvement on Student Outcomes: An Annotated Bibliography of Research from the Past Decade

The Involvement of Students in Their Special Education Mediations

The Role of Attorneys in Special Education Mediation

Tips, Tools & Resources for Local Education Agencies and Early Intervention Providers to Improve Agreement Rates in Resolution Sessions

Top Tips for State Dispute Resolution System Managers

Understanding "Positions" and "Interests"

Using Participant Feedback to Evaluate and Improve Quality in Mediation

Analysis of APR Part B Dispute Resolution Indicators 16-19 FFY2005

Analysis of APR Part C Dispute Resolution Indicators 10-13 FFY2005

APR Part B Indicator 16, 17, 18 &19 Summary FFY2006

APR Part C Indicator 10, 11, 12 & 13 Summary FFY2006

(End o PWS)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

1. Addendum to Paragraph (b) Submission of Quotes: In addition to those requirements as stated in paragraph (b), the following are added and shall apply to the submission requirements in response to this solicitation:

(a) Quote Structure and Content – Vendors shall submit quote packages (maximum 25 pages) consisting of the following separate/distinct volumes for evaluation purposes and include the content identified herein:

1. Volume 1 - Administrative. This quote volume shall include the following:

a. A cover letter with the vendor’s Tax Identification Number, Dun and Bradstreet Number, Cage Code, and point of contact information;

b. Completed Standard Form (SF) 1449.

c. Completed DFARS Clause 252.209-7991, Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law Fiscal Year 2016 Appropriations;

d. If the vendor is registered in System for Award Management (SAM), a copy of completed paragraph (b) of FAR provision 52.212-3, Offeror Representations and Certifications; or if the vendor is NOT registered in SAM, a copy of completed paragraphs (c) through (o) of FAR provision 52.212-3, Offeror Representations and Certifications.

2. Volume 2 – Technical Capability. This quote volume shall:

a. As part of the Technical Capability volume, vendors shall provide a summary pages, introducing at least two key individuals who will provide the training, focusing in particular on the requirements of section 4.4 of the PWS. Offeror shall attach resumes for each (2-3 pages) of these individuals, training evaluations and letters of reference as required in PWS 4.4. The Technical Capability volume also shall demonstrate the vendor’ s understanding of the requirement and ability to provide the services outlined in the Performance Work Statement.

b. NOT include any references to proposed pricing.

3. Volume 3 – Past Performance Information. This quote volume shall:

a. Provide information on at least three recent contracts for services relevant to those required in the PWS. “Relevant” is defined as work similar in complexity and magnitude to the work described in the PWS. “Recent” is defined as contracts that have been completed within the past three years or are currently being performed.

b. Use the following forms to provide the necessary information for each “recent” and “relevant” contract submitted:

i. Attachment 1, Past Performance Part I must be completed and submitted by all vendors for all three recent contracts; and

ii. Attachment 2, Past Performance Part II is a questionnaire that must be forwarded by vendors to a minimum of three references. References must complete and submit the questionnaire directly to the DoDEA Procurement Division by email to samra.yoseph@hq.dodea.edu.

4. Volume 4 – Price. This quote volume shall:

a. Be in Microsoft Excel. All items must have a price or be marked “NSP” for “Not Separately Priced.” Each item will state the description, quantity, unit, unit price, and estimated amount. A final total of the Base and Option Periods is required in the Excel Spreadsheet.

b. Reference the Contract Line Item Numbers (CLINs) Sub-CLINs in the SF1449 Schedule of services as suggested CLIN structures. In lieu of this schedule, the contractor may submit fewer or more CLINs, whichever may be appropriate to their standard commercial practice.

1. Quote Submission Requirements: Electronic submission by email Volumes 1-4 separate attachments (copies) (Volume 1, Volume 2, Volume 3 and Volume 4).

(a) Complete Quote Package (Volumes 1 through 4): The closing date for complete quote packages submissions is March 7, 2016 at 10:00 A.M. ET via email to Samra Yoseph at samra.yoseph@hq.dodea.edu and Jessie Garcia at jessie.garcia@hq.dodea.edu. DoDEA has a maximum email limit of 10MB. Vendors shall confirm receipt of their electronic copy by return email from these the above email addresses.

(b) RFQ Questions – Questions in regards to this RFQ shall be submitted in writing via email to Samra Yoseph at samra.yoseph@hq.dodea.edu and Jessie Garcia at jessie.garcia@hq.dodea.edu with the subject line, “Questions, CCSME Training” no later than 10:00 AM EST on March 1, 2016. A consolidated list of all questions and answers will be provided via an amendment to the RFQ posted to www. FedBizOpps.gov.

2. Addendum to Paragraph (c) Period for acceptance of quotes: This paragraph (c) is changed to read as follows: The vendor agrees to hold the prices in its quote firm for 120 calendar days from the date specified for receipt of quotes, unless another time period is specified in an amendment to the solicitation.

3. Addendum to Paragraph (e) Multiple Quotes. This paragraph (e) is changed to read as follows: Multiple quotes presenting alternative terms and conditions will NOT be accepted.

Summary of Important Due Dates:

Submission

Due Date/

Time March 1, 2016

10:00 AM EST

March 7, 2016

10:00 AM EST

Volumes 1-4 Electronic Copy by email to: samra.yoseph@hq.dodea.edu and jessie.garcia@hq.dodea.edu Subject: HE1254-16-T-0010- CCSME Training

(End of addendum to FAR 52.212-1) 52.212-2 Addendum to 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) Quotes will be evaluated and a contract awarded, under the Best Value Continuum approach, to the responsible Offeror whose quote is considered most advantageous to the Government, price and other factors considered. The significant evaluation factors are Technical Capability (Personnel/Expertise and Approach), Past Performance, and Price. A quote with any factor ranked as unacceptable will not be considered eligible for contract award.

Factor 1: Technical capability

Subfactor 1: Personnel/Expertise: This subfactor assesses the expertise of the key personnel who will perform the required work. The term, personnel, may include contractor employees, consultants, and subcontracted employees. Offerors shall provide a summary page, introducing at least two key individuals who will provide the training, focusing in particular on the requirements of section 4.4 of the PWS. Offeror shall attach 2-page resumes for each of these individuals, training evaluations and letters of reference as required in 4.4. Evaluation will be based on the extent to which personnel submitted by the Offeror meet, or exceed, skills and experience required in performing the work in accordance with the PWS.

Subfactor 2: Approach: This sub-factor addresses the degree to which the technical approach proposed by the Offeror meets the Government’s requirements in accordance with the PWS sections 4.2 and 4.3.

Factor 2: Past Performance: Offerors will be evaluated on the likelihood of success on the present requirement to include but not be limited to quality of services/products, customer service, and overall satisfaction from past performance related to the requirements in accordance with the PWS sub-sections 4.4.3, 4.4.4, and 4.4.5.

Factor 3: Price: Offerors will be evaluated on price reasonableness for the training services being provided to the Government in accordance with the PWS.

The order of importance of these factors is Factor 1, Factor 2, and Factor 3. Technical Capability is more important than Past Performance which is more important than Price.

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

Travel: Since all of the locations for travel are not presently determined, the travel CLIN will not be evaluated as part of the price evaluation. See section 8.1 of the PWS for additional information regarding travel.

(End of addendum FAR 52.212-2)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015) ALTERNATE I (OCT 2014)

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

“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 posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (p) 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.