4-ContractClauses-SolicitationProvisions.docx

SBA – Regional Innovation Cluster Initiative Services – 2018

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

52.252-02 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting officer will make their full text available. Also, the full text of a clause may be access electronically at this/these address: https://farsite.hill.af.mil/vffara.html .

“30 days”

NOV 1999

(a) “10 days”; “30 days”

(b) “60 months/five years”

MAR 2000

52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders (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)).

_X_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:

[Contracting Officer check as appropriate.] __ (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).

X (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.)

__ (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).

__ (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] __ (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).

_X_ (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.

X_ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

X_ (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).

__ (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)).

X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (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.

X_ (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).

X_ (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)).

X_ (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.] X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

X_ (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 threshold, 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 Traffickaing 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)

52.212-01 -Instructions to Offerors – Commercial Items – Clause not used -See following addenda for instructions:

Please note that “Offeror,” “offeror,” “Contractor,” and “contractor” are used interchangeably throughout all solicitation and contract documents.

Contractor submission of its offer shall be made only by paper using the U. S. Post Office or a delivery service to:

Cheryl T. Flanagan, Contracting Officer Small Business Administration, Denver Finance Center, Acquisition Division 721 – 19th St., Third Floor Denver, CO 80202

Contractor’s proposal must be complete, in accordance with these solicitation provisions, and received by the Contracting Officer no later than 3 p.m., Mountain Time, on August 24, 2018.

Proposals shall include only the following:

(1) a filled in and signed SF-1447 (complete blocks 13 & 27) – If Contractor is a small for-profit business, please check the box on block 8 of the form - one copy;

(2) Technical Proposal, Part 1 – Contractor’s Technical Approach – limitation of 10 pages – four copies;

(3) Technical Proposal, Part 2 – Statement of Contractor’s Cluster Qualifications and Cluster Initiative Experience – limitation of 5 pages (narrative statement). Attach required and recommended documents and information listed in the Statement of Work, and, resumes of key personnel at the end of this part (attachments do not count toward the page limitation). If Contractor is not a small for-profit business, attach a small business contract plan of one page that shows how Contractor plans to use small business in performing the SOW - four copies;

(4) Past Performance / Past Experience Form– use provided form – no page limitation – four copies;

(5) Completed Pricing Schedule – use provided form – no page limitation - two copies;

(6) Subcontracting Plan – no page limitation – two copies if Contractor is an “other-than-small for-profit” business (not required is Contractor is a for-profit small business; and

(7) Any exceptions or changes to the contract terms and conditions – one copy.

Parts 1 and 2 of Contractor’s Technical Proposal shall be bound together. The Technical Proposal shall be bound separately from the SF-1447, Past Performance / Past Experience Form, Pricing Schedule, any subcontract plan, and any requested exceptions or changes to the contract terms and conditions.

Do not include any binders, covers, page protectors, or similar packaging of any sort as part of Contractor’s offer. Send only paper. Use only staples or a similar unobtrusive method to separate parts and copies.

Documents and resumes are to be attached to all copies of Part 2 of the Technical Proposal, but do not count toward the page limitation.

Do not include additional brochures, sales materials, or any other additional written matter of any nature. Proposals may include charts or similar illustrations, which will count as part of the page count limitation.

Include a cover sheet for each piece of the proposal which states the Contractor name and DUNS number. Include two working email addresses for Contractor as communications and notices from the Contracting Officer (CO) may be done by the CO using email. State on the cover sheet whether Contractor is a small business or an “other than small, for-profit” business.

A Subcontracting Plan is not required if Contractor is a small business. A Subcontracting Plan is required if Contractor is an “other than small” business. The Subcontracting Plan should state, over the life of the contract, the work that Contractor expects to subcontract to small business and the percentage or dollar amount it expects to subcontract to small business.

Refer to the Combined Synopsis/Solicitation Notice for the procedures regarding questions. Questions from Offerors/Contractors to the CO shall be only in writing during the time period designated in the notice. Answers will be posted in writing as an amendment to the Combined Synopsis/Solicitation.

52.212-02 -Evaluation – Commercial Item –. See deviation and evaluation factors and procedures below.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 – Technical Approach

In Part 1 of its Technical Proposal, Offeror shall propose in detail the nature of its cluster work, how the work will be accomplished, how the proposed cluster work will meet the technical requirements of the SOW, and what deliverables will be provided.

Contractor shall describe all means, methods, processes, and procedures it will use to perform the cluster work outlined in the SOW. Contractor shall include the methods Contractor shall employ to control the quality of its work.

Factor 2 – Cluster Qualifications and Experience

In Part 2 of its Technical Proposal, Contractor shall provide a detailed narrative that addresses SOW requirements and describes Contractor’s previous experience leading or co-leading, as part of a consortium, the cluster initiative it is proposing to serve via this contract. Contractor shall specifically identify the region and sector supported by the cluster and shall include how the Contractor’s cluster initiative experience will inform its leadership of the proposed regional cluster.

Further, the Contractor shall identify whether the proposed cluster is currently being supported through active SBA contracts. Current SBA contract-based clusters are listed in Attachment A. Proposals will be ranked more highly that focus on a regional cluster not currently being supported through active SBA contracts. SBA is looking for proposal that either embody a different sector or a different region or state than those initiatives currently being supported. SBA will also place an emphasis on contracts that support innovation clusters in rural areas. While the cluster’s epicenter may not be defined as a rural area, preference will also be given to Offerors who include a definitive strategy to include work in adjacent or nearby rural areas[footnoteRef:1]. SBA will also consider whether proposing entities are part of and/or will provide services to communities with a HUBZone[footnoteRef:2] or Opportunity Zone[footnoteRef:3] designation. [1: For purposes of this solicitation, a rural area is any areas other than:

(1) A city or town that has a population of greater than 50,000 inhabitants; and

(2) The urbanized area contiguous and adjacent to such a city or town, as defined by the U.S. Bureau of the Census using the latest decennial census of the United States.] [2: https://maps.certify.sba.gov/hubzone/map#center=39.828200,-98.579500&zoom ] [3: https://www.cdfifund.gov/Pages/Opportunity-Zones.aspx ]

Contractor shall attach required and recommended documents, as stated in the SOW, at the end of this part of the proposal (Part 2). The attachments of required and recommended documents do not count toward the page limitation. Contractor shall attach resumes of any key personnel, such as project manager, project associates, or a key expert, who will contribute to the work effort. Resumes do not count toward the page limitation.

Factor 3 – Past Performance / Past Experience

Contractor's response to the Past Performance / Past Experience will be evaluated. Use the provided form to provide past performance / past experience information.

Offeror shall address the adequacy of Contractor's demonstrated past performance / past experience in similar contracts or projects for federal agencies and/or private organizations in terms of price control, quality of work, complexity of work performed, and compliance with performance schedules.

For each contract or project, identify if the services provided were for the same, similar, or other services. Include timeliness requirements and precision in performance requirements for each contract. Contractor shall identify agencies/firms for which similar services were provided within the past two (2) years. Contractor shall identify if it was the prime contractor or a subcontractor for each contract or project identified. Information for each contract or project shall include contact information, such as names, phone numbers, email addresses. Contractor may also include projects that were grants or cooperative agreements.

In addition to responses received, the Government reserves the right to consider information obtained from any other sources when evaluating Contractor’s past performance / past experience.

The following rating method will be used to evaluate proposals:

Outstanding –

· Contractor’s technical approach shows an excellent understanding of the requirements stated in the Statement of Work SOW). Contractor’s proposed cluster work meets the SOW requirements. Contractor’s proposed workforce and deliverables as stated in its proposal match the Contractor’s proposed cluster work and the SOW requirements. Contractor’s methodology to accomplish its proposed cluster work is complete, reasonable and aligns with emerging entrepreneurial growth trends, and/or other federal agency programming to catalyze high potential industries. Contractor’s proposal implements a strategic plan for growth and competitiveness of the proposed region, centered on a particular industry, technology, or product. Contractor’s technical approach shows a complete understanding of cluster work. Contractor shows clear linkages and quantifiable, feasible outcomes related to work in rural areas (whether central or adjacent to the region of focus), Opportunity and/or HUBZones.

· Contractor’s cluster qualifications part of its proposal shows that Contractor is an established regional cluster, or the lead entity (or team) of an established cluster, with a defined management and governance structure, well-defined strategic objectives, and the authority to bind the cluster to deliver the offered services and defined deliverables. Contractor is recognized as a cluster contractor by its key cluster partners and stakeholders. Contractor’s proposal shows that Contractor has existing relevant partnerships to support cluster work. Contractor currently represents, convenes, coordinates, and has a history of representing, convening, and coordinating, a variety of stakeholders, including academic, business, and political partners, as well as community leaders, workforce development boards, and strategic investor. Attached documentation is complete. Attached resumes are responsive and relevant.

· The cluster experience part of the proposal shows that Contractor is experienced in accomplishing cluster work and led or co-managed cluster work successfully in the past.

· The risk of unsuccessful contract performance is extremely low.

Good –

· Contractor’s technical approach shows, at a minimum, an acceptable understanding and methodology for performing cluster work. Contractor’s proposed cluster work meets the SOW requirements. Contractor’s proposed workforce and deliverables as stated in its proposal match the Contractor’s proposed cluster work and the SOW requirements. Contractor’s methodology to accomplish its proposed cluster work is mostly complete and reasonable. Contractor’s proposal shows an acceptable understanding of cluster work. Contractor shows reasonable linkages and some outcomes related to work in rural areas (whether central or adjacent to the region of focus), Opportunity and/or HUBZones.

· Contractor’s cluster qualifications part of its proposal shows that Contractor is an established regional cluster, or the lead entity (or team) of an established cluster, with a defined management and governance structure, well-defined strategic objectives, and the authority to bind the cluster to deliver the offered services and defined deliverables. Contractor is recognized as a cluster contractor by its key cluster partners and stakeholders. Contractor’s proposal shows that Contractor has existing relevant partnerships to support cluster work. Contractor currently represents, convenes, coordinates, and has a history of representing, convening, and coordinating, a variety of stakeholders, including academic, business, and political partners, as well as community leaders, workforce development boards, and strategic investor. Attached documentation is mostly complete. Attached resumes are mostly responsive and relevant.

· The cluster experience part of the proposal shows that Contractor is experienced in accomplishing cluster work as defined in the SOW. Looking at all parts of Contractor’s Technical Proposal, little doubt exists that the Contractor will perform the required effort.

· Risk of unsuccessful performance is very low.

Marginal –

· While Contractor’s Technical Proposal is mostly acceptable, at least one part of the Technical Proposal shows a marginal understanding of the requirements of the SOW.

· Looking at all elements of Contractor’s Technical Ability, some doubt exists that the Contractor will perform the required effort. The risk of unsuccessful contract performance is moderate

Unsatisfactory –

· Contractor’s Technical Proposal, on the whole, is not acceptable. At least one of the parts shows significant deficiencies in understanding the requirements of the SOW – and/or Contractor has not performed cluster work in the past. Looking at all elements of Contractor’s Technical Ability, serious doubt exists that the Contractor will perform the required effort - or, Contractor has not performed cluster work in the past and is not “technically acceptable.”

· The proposed approach indicates a lack of understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program.

· Numerous weaknesses and deficiencies exist.

· The risk of unsuccessful performance is high.

Note: In order to be considered qualified, a small business proposal must be rated as “Outstanding” or “Good.”

Factor 5 – Price

Contractor shall complete the Pricing Schedule. Direct costs will be analyzed to see if they track the Technical Approach and are fair, reasonable, allowable, and allocable. The firm-fixed fee to be applied against all direct costs will be analyzed to see if it includes all costs other than direct costs without exception, and whether it is within the Contractor’s audited rate, if any.

Factors 1 and 2 are the most important factors and are of equal value. When combined, Factors 1, 2, 3 are significantly more important than price (Factor 4)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for each labor category for all five years. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced.

(c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(d)Award of this contract may occur without negotiations, based solely on offers as received.

(e)In order to receive an award, Contractor must first be registered in SAM (System for Award Management) for NAICS code 541690, Other Scientific and Technical Consulting Services.

Combined Synopsis/Solicitation – Regional Innovation Cluster Initiative Services - 2018 – Clauses & Provisions