Research on Minority and/or Immigrant Entrepreneurship in STEM Fields
Added: Jun 05, 2014 5:10 pm RESEARCH ON Minority and/or Immigrant Entrepreneurship in STEM FieldsSYNOPSIS/SOLICITATION: RESEARCH ON Minority and/or Immigrant Entrepreneurship in STEM FieldsThis is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested from this document and a written solicitation shall NOT be issued. The NAICS is 541720 and the small business size standard is $19.0 million. This is issued as a request for quote (RFQ). The solicitation number is SBAHQ-14-Q-0034 and is being issued as a Request for Quotation (RFQ). FAR 15 is not applicable to this procurement. This solicitation shall be a 100% SMALL BUSINESS SET ASIDE. This document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) FAC 2005-74 May 30, 2014. This acquisition is being conducted in accordance with FAR Subpart 13, Simplified Acquisition Procedures. In accordance to FAR Subpart 4.1102 contractors MUST be registered in System for Award Management (SAM) and DUNS number shall be required for award https://www.sam.gov/portal/public/SAM.BASIS FOR AWARDThe Government intends to award a Firm Fixed Price Purchase Order. 52.212-2 -- Evaluation -- Commercial Items (Jan 1999)(a) The Government will award a contract resulting from this solicitation if the response is advantageous to the Government, price and other factors considered. The following factors shall be used in evaluation:TECHNICAL EVALUATION CRITERIA1. Evaluation FactorsThe following technical factors will be used in the evaluation of proposals.a. Quality of the technical proposal and turnaround time; its clarity and demonstrated ability to perform the research in a timely manner.Evaluation shall assess the detailed technical description of how all the required work will be accomplished. This will include evaluation of the novelty of ideas put forth, literature review, demonstrated knowledge of covered literature and subject matter, familiarity with small business research, quality and use of data sources, and soundness of methodologies proposed for analysis and their appropriateness to the overall research being conducted relevant to the Statement of Work. In addition, the project timeline will be assessed to assure that the research report is completed in a timely manner and consistent with the methodologies prescribed in the proposal. Researchers whose proposals include surveys should be mindful of the Paperwork Reduction Act and OMB clearance. For a good or excellent evaluation, the offeror must show the ability to accomplish the desired results and demonstrate the quality of work in providing services in a timely fashion.The following rating method shall be used in the evaluation of the technical approach information:Excellent - Based on the offeror's technical approach, no doubt exists that the offeror will successfully perform the required effort. The technical approach shows a complete understanding and methodology for completing the Statement of Work within the standards and workload specified.Good - Based on the offeror's technical approach, little doubt exists that the offeror will successfully perform the required effort. The technical approach shows an acceptable understanding and methodology for completing the Statement of Work within the standards and workload specified.Marginal - Based on the offeror's technical approach, some doubt exists that the offeror will successfully perform the required effort. The technical approach shows a marginal understanding and methodology for completing the Statement of Work within the standards and workload specified.Poor - Based on the offeror's technical approach, serious doubt exists that the offeror will successfully perform the required effort. The technical approach demonstrates significant deficiencies in understanding and implementing performance of the Statement of Work within the standards and workload specified.b. Researcher qualifications, experience (including past performance), if applicable and knowledge of literature in this field.The evaluation will be based on the information obtained in the proposal and, when necessary, from other references provided by the offeror. It will also look at other relevant past performance information. The evaluation will consider: (1) the qualifications of the researcher(s) relevant to the analysis being performed in the proposal and (2) knowledge and previous experience in researching the topic as stated in the Statement of Work.The Government will assess the relevant risks associated with each offeror to determine technical acceptance. Performance risks are those associated with an offeror's likelihood of success in performing the acquisition requirements as indicated by that offeror's record of past performance and knowledge and experience of the research in the fields relevant to this Statement of Work.For those offerors who have contractual prior experiences, the Government will focus on the past performance as it relates to all acquisition requirements, such as cost, schedule and performance, including standards of good workmanship; the offeror's adherence to contract schedules, including the administrative aspects of performance; the offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the offeror's business-like concern for the interest of the customer. The Government will consider the number or severity of an offeror's problems, the effectiveness of corrective actions taken, the offeror's overall work record, and the age and relevance of past performance information.The following rating method shall be used in the evaluation of the technical approach information:Excellent - Based on the offeror's past performance record and/or qualifications and knowledge of the field, no doubt exists that the offeror will successfully perform the required effort of the Statement of Work.Good - Based on the offeror's past performance record and/or qualifications and knowledge of the field, little doubt exists that the offeror will successfully perform the required effort of the Statement of Work.Marginal - Based on the offeror's past performance record and/or qualifications and knowledge of the field, some doubt exists that the offeror will successfully perform the required effort of the Statement of Work.Poor - Based on the offeror's past performance record and/or qualifications and knowledge of the field, serious doubts exists that the offeror will successfully perform the required effort of the Statement of Work.c. Likelihood that this research will make a fundamental contribution to the literature, produce an innovative concept or idea, offer policy relevant results, or develop new ground that has previously not been fully mined or understood.The evaluation will assess the quality of the proposal based on its overall potential contribution to the literature in terms of innovativeness, policy relevance, or furthering the debate.The following rating method shall be used in the evaluation of the technical approach information:Excellent - Based on the offeror's proposal, no doubt exists that the offeror's proposal will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been fully mined or understood.Good - Based on the offeror's proposal, little doubt exists that the offeror's proposal will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been fully mined or understood.Marginal - Based on the offeror's proposal, some doubt exists that the offeror's proposal will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been fully mined or understood.Poor - Based on the offeror's proposal, serious doubt exist that the offeror's proposal will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been fully mined or understood.D. Cost/PriceAWARD DETERMINATION:Award shall be based on best value, or the determination of whether the difference in the non-price factors is worth the difference in price. The "best value tradeoff process" permits tradeoffs among cost or price and non-cost (technical) factors and allows the Government to accept other than the lowest priced quote or other than the highest technically rated quote. The Government will select the quote that represents the best value based on the evaluation of both price and technical factors as specified. Award shall be made to that quoter whose technical/cost relationship is the most advantageous to the government. Award may be made without further information requested by the government. Quotes should be submitted initially on the most favorable terms, from a price and technical standpoint, which the contractor can offer to the government.A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are clarifications after its receipt, unless a written notice of withdrawal is received before award.Depending on technical merit, policy relevance and costs, the government reserves the right to award more than one contract under this solicitation.Please contact Miguel Vasquez Miguel.Vasquez@sba.gov with any questions concerning this solicitation. No Telephone questions/comments will be accepted.FORMAL COMMUNICATIONSOfferor's are requested to review this RFQ as soon as possible upon receipt.If an Offeror has any questions regarding the RFQ which requires an answer from the issuing office, these questions shall be submitted in writing via email to Miguel.Vasquez@sba.gov on or before June 24, 2014 by 1:00 PM Eastern Standard Time.All questions which may affect quotes will be incorporated into a written amendment to the RFQ. The SBA will not receive or respond to questions after this date.DELIVERY INSTRUCTIONSAll quotes shall be submitted by July 3, 2014 by 1:00 PM Eastern Standard Time to the following address:Small Business AdministrationAttention: Contracting Officer Miguel Vasquez721 19th StreetDenver, CO 80202Suite # 371Offeror's shall submit quotes as follows:a. CD-RW- Submit a total of two (2) copies: one (1) with a complete quote that includes all required information and signatures; and one (1) with all required information and signatures but that DOES NOT include Price/Cost information. This information shall be submitted in pdf format. b. CD-RW shall reference SBAHQ-14-Q-0034 Research on the Effects of Job Training in Small and Large Firms. Facsimile, Emails or hard copy quotes will NOT be accepted.Quoters shall furnish the company name, DUNS number, TIN Number, address, phone and fax number, email address, and official point of contact with their response.PROVISIONS/CLAUSES:52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014) (By Reference) applies to this acquisition.52.212-2, EVALUATION--COMMERCIAL ITEMS (Jan 1999). Quotes shall be evaluated in accordance with the criteria shown above.52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAY 2014).52.232-16 PROGRESS PAYMENTS (APRIL 2012).52.233-3 PROTEST AFTER AWARD (AUG 1996).52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004).52.242-15 STOP-WORK ORDER (AUG 1989).52.246-4 INSPECTION OF SERVICES-FIXED PRICE-FIXED-PRICE (AUG 1996).52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2014) (By Reference) applies to this acquisition.52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2014) .(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)_xx_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).__ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C)._xx_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).__ (13) [Reserved]_xx_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).__ (ii) Alternate I (Nov 2011).__ (iii) Alternate II (Nov 2011).__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).__ (ii) Alternate I (Oct 1995) of 52.219-7.__ (iii) Alternate II (Mar 2004) of 52.219-7.__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).__ (ii) Alternate I (Oct 2001) of 52.219-9.__ (iii) Alternate II (Oct 2001) of 52.219-9.__ (iv) Alternate III (Jul 2010) of 52.219-9.__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).__ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).__ (ii) Alternate I (June 2003) of 52.219-23.__ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).__ (23) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f)._xx_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m))._xx_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126)._xx_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999)._xx_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246)._xx_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212)._xx_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793)._xx_ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).__ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).__ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).__ (ii) Alternate I (DEC 2007) of 52.223-16._xx_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).__ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.__ (ii) Alternate I (May 2014) of 52.225-3.__ (iii) Alternate II (May 2014) of 52.225-3.__ (iv) Alternate III (May 2014) of 52.225-3.__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f))._xx_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).__ (ii) Alternate I (Apr 2003) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]_xx_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition teshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.(viii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).(xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of clause)52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (MAY 2014).(a) The offeror shall check the following certification:CERTIFICATIONThe offeror ________ does ________ does not certify that-(1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;(2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; (3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers.(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Labor Standards statute-(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or(2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision-(1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements, will not be included in any resultant contract to this offeror; and(2) The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of provision)
SBAHQ-14-Q-0034 Small Business Administration
6/5/14, 5:10 PM