Combined Synopsis_Solicitation 73351023Q0304 8.1.23.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

208050

SUITE 300

721 19TH STREET

DENVER FINANCE CENTER

DENVER ACQUISITION OFFICE FOR SBA

CODE 16. ADMINISTERED BYCODE

X

X

X

541690

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR208050

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/21/2023 1000 ET

08/01/2023

Nikeena Brown (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

73351023Q0304

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

DENVER CO 80202

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

DENVER CO 80202

SUITE 301

721 19TH STREET

DENVER FINANCE CENTER

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

DENVER ACQUISITION OFFICE FOR SBA

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

SBA – Office of Investment and Innovation (OII) - Regional Innovation Cluster Initiative

The SBA, Office of Investment and Innovation is seeking small businesses capable of providing Regional Innovation Cluster services as described in the attached Statement of Objectives.

Period of Performance: 09/27/2023 to 09/26/2024

0001 Base Year - Regional Innovative Cluster Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Initiative Services Pricing shall include costs for Labor, Travel, Other Direct Costs (ODCs), and

Events

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

1001 Option Year 1 - Regional Innovative Cluster

Initiative Services Pricing shall include costs for Labor, Travel, Other Direct Costs (ODCs), and

Events

(Option Line Item)

Anticipated Exercise Date 0 Days After Award

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/27/2024 to 09/26/2025

2001 Option Year 2 - Regional Innovative Cluster

Initiative Services Pricing shall include costs for Labor, Travel, Other Direct Costs (ODCs), and

Events

(Option Line Item)

Anticipated Exercise Date 0 Days After Award

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/27/2025 to 09/26/2026

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

73351023Q0304

3001 Option Year 3 - Regional Innovative Cluster

Initiative Services Pricing shall include costs for Labor, Travel, Other Direct Costs (ODCs), and

Events

(Option Line Item)

Anticipated Exercise Date 0 Days After Award

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/27/2026 to 09/26/2027

4001 Option Year 4 - Regional Innovative Cluster

Initiative Services Pricing shall include costs for Labor, Travel, Other Direct Costs (ODCs), and

Events

(Option Line Item)

Anticipated Exercise Date 0 Days After Award

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/27/2027 to 09/26/2028

Questions may be emailed directly to

Nikeena.Brown@sba.gov no later than August 9, 2023 at 1PM, EST.

Quotes are due August 21, 2023 at 10AM EST and shall be emailed to Nikeena.Brown@sba.gov.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Number 73351023Q0304

Document Title Regional Innovation Clusters FY23

COMBINED SYNOPSIS/SOLICITATION:

Solicitation Number: 73351023Q0304 Requirement Title: Regional Innovation Cluster (RIC) Initiative Solicitation Issue Date: August 1, 2023 Question Due Date: August 9, 2023, 1:00PM ET **Questions & Answers will be posted to the SAM.gov Combined Synopsis/Solicitation link** Response Deadline: August 21, 2023, 10:00AM ET Contracting Office: U.S. Small Business Administration, Office of the Chief Financial Operations and Acquisitions Management (OFOAM), 721 19th St., Denver, CO 80202 Point of Contact (POC): Nikeena Brown, Nikeena.Brown@sba.gov General Information

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation 73351023Q0304 is being issued as a request for quotation (RFQ).

The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2023- 04 (https://www.acquisition.gov/browse/index/far)

This is 100% set aside for small business under NAICS code 541690, Other Scientific and Technical Consulting Services. The size standard is $19 Million.

The Small Business Administration (SBA), Office of Investment and Innovation (OII) is seeking the performance-based services of contractors to create new Regional Innovation Clusters. These clusters will involve public-private partnerships that align federal resources – including SBA’s entrepreneurial development network, lending and investing partners, business development programs, and America’s Seed Fund, the Small Business Innovation Research and Small Business Technology Transfer programs – with existing state and local resources, regional strengths, and economic growth opportunities in communities both within the region and beyond.

Period of Performance: The period of performance consists of a 12-month Base Period with four 12-month Option Periods. Exercise of any options will be at the sole discretion of the SBA. The total term of the contract, including all extensions, shall not exceed 60 months.

Place of Performance: Services shall be performed at the Contractor’s facilities or at separate locations at the discretion of the Contractor based on the regional location of the work to be performed.

The estimated range for this requirement is between $400,000.00 and $500,000.00 per year.

The Government intends to make multiple awards as a result of this Solicitation.

Offerors should not interpret this figure as a ceiling (or as a floor) on quotes; rather, this information is provided as a courtesy to prospective offerors. The Government may select a quote for award with a price below, at, or exceeding this figure if it finds that quote provides the best value and funds are available.

mailto:Nikeena.Brown@sba.gov https://acquisition.gov/content/part-12-acquisition-commercial-items#i1112616

Document Title Regional Innovation Clusters FY23

SECTION B

GENERAL INFORMATION

SOLICITATION/CONTRACT ADMINISTRATION DATA

GOVERNMENT:

Contracting Officer Representative

(COR)

Contracting Officer (CO)

Name: TBD Name: Nikeena Brown

Telephone No: Telephone No: (202) 987-3500

Email: Email: Nikeena.Brown@sba.gov

CONTRACTOR’S NAME/ADDRESS/CITY-STATE-ZIP:

Contractor Name/Address: Contractor POC Name:

Telephone No:

Email:

PERIOD OF PERFORMANCE (POP): The POP shall be from the date of award for a 1 (one) 12 (twelve) month base period and 4 (four) consecutive 12 (twelve) month option periods as follows:

Base Year: 27 September 2023 – 26 September 2024 Option Year 1: 27 September 2024 – 26 September 2025 Option Year 2: 27 September 2025 – 26 September 2026 Option Year 3: 27 September 2026 – 26 September 2027 Option Year 4: 27 September 2027 – 26 September 2028

REQUIREMENT OVERVIEW: This requirement is being processed in accordance with the procedures under FAR Part 13 - Simplified Acquisition Procedures, Subpart 13.5 - Simplified Procedures for Certain Commercial Items. The Small Business Administration (SBA) intends to make up to 4 awards from this solicitation for Regional Innovation Cluster (RIC) performance-based services.

CONTRACT TYPE: The Contract Type Anticipated for this requirement is Time & Materials.

Document Title

STATEMENT OF OBJECTIVES

1.0 PURPOSE

This Statement of Objectives (SOO) is for Regional Innovation Cluster (RIC) services for the Small Business Administration (SBA).

This SOO is provided in lieu of a Government written Statement of Work (SOW) to provide potential offerors the flexibility to develop and present cost-effective solutions and innovative alternatives for meeting the Government’s stated objectives.

For this requirement, the Contractor shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required to support the Small Business Administration, Office of Investment and Innovation (OII) efforts to create new Regional Cluster Projects in support of the RIC Initiative.

These clusters will assist businesses in matching innovative technology to industry needs and increase the number of innovative small businesses and entrepreneurs in the nation’s supply chain. Additionally, these clusters will create and follow roadmaps that enhance the region’s ability to create sustainable job growth, compete on a national and global scale, and attract further business investments.

The SBA does not have a target industry or geography. Interested vendors shall propose their target industry and geographic location for the RIC efforts in their proposal. Interested vendors should specify any locations in rural areas or in a HUBZone or strategies to work in adjacent or nearby rural areas or communities in a HUBZone.

2.0 SCOPE OR MISSION

The Small Business Administration (SBA), Office of Investment and Innovation (OII) is seeking the services of contractors to create new Regional Innovation Clusters. These clusters will involve public-private partnerships that align federal resources – including SBA’s resource provider network, lending and investing partners, business development programs and America’s Seed Fund, the Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) programs – with existing state and local resources, regional strengths, and economic growth opportunities in communities both within the region and beyond. The contractor will be responsible for:

1. Cluster Management/Oversight

2. Cluster Service Delivery (training, counseling, mentoring consulting)

3. Building Cluster Network (adding cluster participants, formalizing linkages with TA providers, etc)

4. Report Development (quarterly and annual reports)

3.0 PERIOD AND PLACE OF PERFORMANCE

Period of Performance: The period of performance consists of a 12-month Base Period with four 12-month Option Periods. Exercise of any options will be at the sole discretion of the SBA. The total term of the contract, including all extensions, shall not exceed 60 months.

Place of Performance: Services shall be performed at the Contractor’s facilities or at separate locations at the discretion of the Contractor based on the regional location of the work to be performed.

Document Title

4.0 BACKGROUND

The mission of the SBA is to help Americans start, build, and grow businesses. The SBA was created in 1953 as an independent agency of the Federal Government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.

The Regional Innovation Cluster (RIC) Initiative of the Small Business Administration (SBA) was launched in September 2010 to promote and support clusters-geographically concentrated groups of interconnected businesses, suppliers, service providers, and associated institutions in a particular industry or field across the United States. Clusters act as a networking hub to convene several resources to help navigate the funding, procurement, and supply-chain opportunities in a specific industry. Through technical and legal assistance, cluster networks also help innovators commercialize promising technologies needed by government and industry buyers. Recognizing the challenges that small business innovators, as well as technical and investor networks, face in creating impactful marketing, SBA actively supports small business membership in emerging and mature industry clusters.

4. 1 Definition of Regional Clusters

A regional cluster is a geographically-concentrated, interconnected network of synergistic or complementary businesses, suppliers and associated organizations engaged in or with a particular industry sector, with active channels for business transactions, communications, and dialogue that share specialized infrastructure, labor markets and services.

A cluster’s region may cross municipal, county, and other jurisdictional boundaries. A cluster often encompasses local universities, government research centers, and/or other research and development (R&D) resources, which serve as catalysts for innovation and drivers of regional economic growth. In addition, participants in the cluster may have strategic partnerships with entities outside of the cluster’s geographic region. A successful cluster will leverage the region's unique competitive strengths across geographies and identify and develop networks for business financing, business-to-business sales, development, and workforce development as well as opportunities to expand into markets nationally and internationally. These networks work in concert with local governments, venture capitalists, private banks, private investors, workforce investment boards, non-profit organizations, and institutions of higher education (including community colleges), as well as other public and private agencies and institutions that may extend beyond the geographic region.

5.0 PERFORMANCE - BASED OBJECTIVES, I.E., REQUIRED RESULTS

The Small Business Administration (SBA) is seeking proposals from entities that can lead regional cluster projects. SBA is interested in proposals that: (a) support the growth of an existing regional innovation cluster (i.e., RICs or “clusters”); (b) demonstrate strong regional, bottom-up support; (c) are market-driven; and (d) demonstrate high potential for success and sustainability. These clusters will involve public-private partnerships that align federal resources – including SBA’s resource provider network, lending and investing partners, business development programs and America’s Seed Fund, the Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) programs – with existing state and local resources, regional strengths, and economic growth opportunities in communities both within the region and beyond.

Document Title

Successful cluster plans will include partnerships with and between business and industry groups, academic institutions, economic development organizations, entrepreneurial development programs, and training initiatives and will reflect an industry-specific focus and collaboration. These clusters will assist businesses in matching innovative technology to industry needs and increase the number of innovative small businesses and entrepreneurs in the nation’s supply chain. Additionally, these clusters will create and follow roadmaps that enhance the region’s ability to create sustainable job growth, compete on a national and global scale, and attract further business investments.

Offerors should also address how they will collaborate with other clusters receiving SBA funding to share best practices, measure impact, and as appropriate, connect their cluster participants with other clusters.

Offerors should further address how they will provide education, training, and business advising to small businesses and at least three of the following services to small businesses involved in the cluster:

a) Business training

b) Business counseling/consulting

c) Mentoring

d) Technology transfer counseling/consulting

e) Commercialization of existing research and development (R&D) counseling/consulting

f) Export readiness counseling/consulting

g) Other services relevant to small businesses

Offerors should also address how they will link small businesses with other small and large businesses, technology, development and financing opportunities, as well as initiatives to establish mentoring, contract matchmaking, and networking opportunities with seasoned entrepreneurs to help potential high-growth small businesses. This may include, but is not limited to, the following services:

a) Manage business growth

b) Build customer bases

c) Build networks and partnerships

d) Provide opportunities for showcasing and demonstration

e) Assist in market development in the region and beyond

f) Assist in ascertaining federal agency technology development requirements and priorities, matching and operationalizing cluster technology and capabilities to best meet these needs

g) Assist in developing areas of federal agency high growth potential which include, but are not limited to, advanced manufacturing, advanced electronics, advanced robotics, advanced defense systems, power/energy innovations, cyber-security, and applied lightweight materials.

h) Facilitate opportunities for accessing new resources and markets

i) Support underserved communities

Recognizing the important role that Minority Serving Institutions (MSIs) (e.g., Historically Black Colleges and Universities [HBCUs], Hispanic-Serving Institutions [HSIs] from the Hispanic Association of Colleges and Universities [HACU], and Asian American Native American Pacific Islander Institutions [AANAPISIs]) play in meeting the needs of socially and economically disadvantaged markets, Offerors are encouraged to collaborate with MSIs to provide entrepreneurial development services to socially and economically disadvantaged entrepreneurs.

Offerors should specify any locations in rural areas or in a HUBZone or strategies to work in adjacent or nearby rural areas or communities in a HUBZone.

Document Title

Offerors will be required to report on the impact their spending has on the region’s economic growth and how much the region benefited from these activities; access to new markets; the creation of new products or business lines; accelerated business growth and economic activity of small businesses; and increased job creation.

Clusters must work collaboratively to coordinate their efforts to expand services and avoid duplication, particularly with other federally-funded programs and entities, including but not limited to the National Science Foundation’s Regional Innovation Engines and the Economic Development Administration’s Regional Technology and Innovation Hubs, and also SBA-funded programs such as Small Business Development Centers (SBDCs), Women’s Business Centers (WBCs), SCORE, Veterans Business Outreach Centers (VBOCs), U.S. Export Assistance Centers (USEACs), and Federal and State Technology (FAST) partners. Where a Regional Innovation Cluster is in regions with these programs, the cluster will proactively explore opportunities to coordinate with them in offering counseling and training and other forms of assistance to cluster participants. Regional Innovation Clusters are encouraged to fully employ the resources of other federal, state, and local government, academic and private sector programs concerned with aiding small businesses to provide seamless business development assistance at every stage of business growth.

Offerors will collaborate with their local SBA Regional and District Offices.

Offerors will be required to outline and periodically report on the impact their spending has on small businesses in the cluster area, as well as the broader region’s economic and job growth metrics.

Offerors will need to clearly establish the links between spending initiatives and regional outcomes.

Outcome measures and narratives should also include benefits to the region from cluster activities;

development and access to new markets; increase in patents applied for and obtained; licensing and commercializing new technologies; the creation of new products, services or business lines; the development of new partnerships within the region as well as beyond the region; accelerated growth of small businesses; creation of new businesses; regional economic growth and increased job creation.

5.1 Quarterly Reporting - The Contractor shall provide a status report at the end of every quarter detailing activities completed, activities delayed, problem areas determined, and problems resolved. The report shall be submitted to the SBA COR within 15 calendar days following the last day of the quarter reported.

5.2 Annual Reporting - At the end of the base period or option period (if applicable), the

Contractor shall provide a detailed report on the extent to which it provided all the services proposed including activities completed and outcomes from those activities, as well as any activities not completed with explanations. This report will highlight accomplishments and outcomes, including but not limited to:

5.2.1 Small Business Metrics:

• Growth in number and type of organizations participating in cluster partnerships

• Growth in number and type of organizations participating in cluster and support industries

• Growth in number of small business startup in the cluster area

• Growth in total capital flowing to small business participants in the cluster (grants, contracts, loans and investments from public and private sources), including description of the relationship between the funding opportunities obtained by the small businesses

Document Title Regional Innovation Clusters FY23 and the engagement activities of the cluster with such businesses (e.g., value of small businesses’ economic activity tied directly to cluster assistance as well as economic activity tied indirectly to the cluster by virtue of the small businesses being active participants in the cluster).

• Growth in job creation of small businesses

• Growth in new products, services, or business lines

• Number of small businesses receiving counseling, training, mentoring, or other technical assistance

• Number of activities in HUBZones and number attended

• Number of small businesses in the cluster with a location in a HUBZone

• Number of activities with MSIs and number attended

• Number of Socially and Economically Disadvantaged Individuals (SEDI), women, or veteran-owned small businesses participating in the cluster

• Number of small businesses participating in other activities and services provided by the cluster, including showcasing events, networking events, matchmaking opportunities, and other convening activities

• Number of patents obtained and/or applied for by small business participants in the cluster, as well as number of new technologies licensed

5.3 The Contractor shall provide the deliverables as defined in this document to the COR in excel spreadsheet or compatible electronic format unless otherwise noted.

5.4 The Contractor shall also comply with SBA requests for independent assessment studies conducted by agency representatives and/or contractors.

Attachments:

Attachment 1 Quality Assurance Surveillance Plan (QASP)

Document Title

SBA TERMS AND CONDITIONS

1. SBA237-70 Key Personnel (OCT 2022)

Key personnel are those personnel considered essential to successful Contractor performance. All requests for approval of substitutions of key personnel under this contract shall be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They shall contain a complete resume for the proposed substitute or addition, and any other information requested by the Contracting Officer (CO). Replacements for key personnel shall possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the CO. Exceptions requested by the Contractor shall be submitted in writing and detail the suggested contract price adjustment. In order to support the continuity of operations, Key personnel changes shall be requested at least 30-60 days prior to the effective date.

2. Travel

If travel is required, it shall be in accordance with Federal Acquisition Regulation (FAR) 31.205-46 (Travel Costs), when travel is authorized by the Government, cost for transportation, lodging, meals and incidental expenses will be reimbursed in accordance with conditions set out in the Federal Travel Regulations (FTR) prescribed by the General Services Administration (GSA) for travel in the United States. Travel costs for lodging, meals, and incidental expenses may be based on per diem, actual expenses, or a combination thereof, provided the method used results in a reasonable charge.

Mileage and Per Diem are subject to change and will be reimbursed in accordance with the rates established by the FTR. Although per diem rates are subject to change, rates are set by Fiscal Year, effective October 1 each year. Additional Federal Travel Regulations may be found at this address:

https://www.gsa.gov/travel.FAR 31.205-46 Travel Costs.

3. Other Direct Costs (ODC’s)

Possible ODC’s may include travel, subcontracts for supplies or incidental costs for which there is not a labor or expense category specified in the contract. These expenses should not include the "costs of doing business".

4. SBA201-70 Authorities and Delegations (OCT 2022)

a. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

b. The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the Contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

c. The COR is not authorized to perform, formally or informally, any of the following actions:

i.Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

Document Title ii.Waive or agree to modification of the delivery schedule;

iii.Make any final decision on any contract matter subject to the Disputes Clause;

iv.Terminate, for any reason, the Contractor's right to proceed;

v.Obligate in any way, the payment of money by the Government.

d. The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

e. The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause or as soon as practicable thereafter. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this Agreement.

f. The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

g. Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

5. Organizational Conflict of Interest

a. The Contractor shall ensure the neither the Contractor or any subcontractor is biased because of financial, contractual, organizational, or other interests which relate to the work under this contract. The contractor shall also ensure that neither the contractor or any subcontractor obtains any unfair competitive advantage over other parties based on performance of this contract.

b. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as “Contractor”) in the activities covered by this clause as a prime Contractor, subcontractor, cosponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

Document Title

c. The warrant and disclosure requirements of this paragraph apply with full force to both the Contractor and all subcontractors. By signature on this contract or contract performance, the Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the Contractor has disclosed all relevant information regarding any actual or potential conflict. The Contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the Contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the Contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

d. The Contractor shall obtain from its subcontractors or consultants the disclosure required in paragraph (c) above, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The Contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the Contractor shall obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the Contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the Contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the Contractor's own risk.

e. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the Contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend and/or debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

6. SBA203-70 Restrictions on Endorsements (OCT 2022)

The Contractor shall not refer to contracts/agreements/orders awarded by the SBA in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

7. Contractual Problems

Contractual problems, of any nature, that may arise during the life of this contract must be handled in conformance with very specific public laws and regulations (e.g., the Federal Acquisition Regulation). Only the Contracting Officer (CO) is authorized to formally resolve such problems. Therefore, the Contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

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8. SBA242-70 Post-Award Evaluation of Contractor Performance (MAR 2022)

The Federal Acquisition Regulation (FAR) 42.15, Contractor Performance Information, directs all Federal agencies to collect past performance information on contracts and orders. The Small Business Administration (SBA) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. Past performance evaluations will be prepared within CPARS at least annually and at the time work under a contract or order is completed. The evaluation will be conducted to record contractor’s performance during each period of assessment, as required by FAR 42.15.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report(s). Information in the report is considered “Source Selection Information” as defined in FAR

2.101 and is therefore not releasable to the public. The following areas will be assessed:

• Technical (quality of product or service)

• Cost control (as applicable)

• Schedule or timeliness

• Management or business relations

• Small business subcontracting (as applicable)

Once the Contractor concurs on a report, it is finalized by the Government. Finalized reports are available in CPARS for Government use in evaluating past performance as part of source selection.

To facilitate the use of CPARS, the Contractor is required to provide a CPARS “Contractor Representative.” The Contractor Representative is the contractor employee designated to provide comments on the evaluation. It is recommended the Contractor Representative be someone familiar with contract performance on a day-to-day basis. The Contractor Representative may provide comments on the evaluation and may indicate if they concur or non-concur with the ratings and narratives assigned by the Government evaluators.

Within 1 week after contract/order award, the Contractor must submit an email to the SBA CPARS Focal Point at cpars@sba.gov containing the following information:

• SBA contract and/or order number

• SBA contracting officer name

• Contractor Representative first and last name

• Contractor Representative Job Title

• Contractor Representative email address

Once a Contractor Representative(s) is registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available on the CPARS website. If contract/order Contractor Representative point(s) of contact change throughout performance, the Contractor must notify the SBA CPARS Focal Point by submitting an email notification to cpars@sba.gov.

9. SBA232-70 Invoice Submission (OCT 2022)

a. Invoices shall be submitted via the Invoice Processing Platform (IPP), a service provided by the

U.S. Treasury’s Bureau of the Fiscal Service. Contractors are solely responsible for ensuring invoices are accepted by IPP and transmitted to the SBA. IPP will submit a status update to the vendor when the invoice is transmitted to the SBA.

mailto:cpars@sba.gov mailto:cpars@sba.gov

Document Title Regional Innovation Clusters FY23

b. Contractors not enrolled in IPP will be notified to register upon award of a contract, agreement or order. Unless already enrolled in IPP, Contractors shall enroll at https://www.ipp.gov/. Contractors should contact the IPP Customer Support for system-related questions at 866-973-3131or IPPCustomerSupport@fiscal.treasury.gov.

c. Contractors shall ensure that their System for Award Management (SAM) account remains active during contract or order performance. IPP will not allow a submission or payment of an invoice if the Contractor’s SAM registration is expired.

d. The Contractor shall include or input the following information. Additional information may be required by the contract, agreement or order. Items with asterisks typically automatically populate from the contract or order.

• Vendor name and address

• Invoice date: Future dates and dates greater than five years in the past cannot be entered into

IPP

• Invoice number. Duplicate invoice numbers cannot be used

• Contract and/or order number

• Quantity per Contract Line Item Number (CLIN)

• Description, unit of measure, unit price, and extended price of delivered items or provided services

• Unless otherwise specified in the contract or order, a billing period for services is a month.

• For Time and Materials contracts or orders, the Contractor shall invoice no less often than monthly, and shall include the following on the invoice or an attachment to the invoice:

• Total amount funded by CLIN

• Total amount invoiced to date by CLIN

• Funding balance by CLIN

• Estimated completion cost by CLIN

• Discount terms for prompt payment if offered

• Name and phone number of a Contractor’s Point of Contact (POC)

• Attachments as applicable including the Contractor’s internally generated invoice or supporting documentation

e. IPP allows Contractors to view the status of invoices in IPP. IPP invoice status codes are:

• Pending Approval – Invoice has been submitted via IPP

• Approved to Pay – Invoice is approved and payment is or will be scheduled

• Rejected – Invoice has been rejected and the invoice must be resubmitted with new invoice number

• Paid – Payment has been made to the Contractor’s financial institution

• Saved in Exception – Invoice has not been created in IPP because of a rule set error

10. SBA219-70 Limitations on Subcontracting (Deviation) (APR 2022)

a. This clause does not apply to the unrestricted portion of a partial set-aside.

https://www.ipp.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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b. Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

c. Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15.

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F).

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii)

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F).

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii).

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

d. Independent contractors. An independent contractor shall be considered a subcontractor.

e. Limitations on subcontracting. By submission of an offer and execution of a contract, the contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

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(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A)Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

f. The contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

[Contracting Officer check as appropriate.]

__ By the end of the base term of the contract and then by the end of each subsequent option period; or

_X_ By the end of the performance period for each order issued under the contract.

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(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order. g. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

11. SBA219-71 Limitations on Subcontracting Report (APR 2022)

a. In order to ensure compliance with FAR 52.219-14, Limitations on Subcontracting, the contractor shall submit an annual report to the contracting officer by the end of the base term of the contract or order and then by the end of each subsequent option period, if applicable. The contractor shall use the Report on Limitations on Subcontracting Template that is attached to the solicitation to complete the report. The template may be modified to add additional subcontracting activity; however, the template shall not be modified to remove any required information.

b. If the contractor’s payments to subcontractors that are not similarly situated entities exceed the percentages stipulated at FAR 52.219-14, the contractor shall provide a detailed mitigation plan on how it is going to cure the failure to comply with 52.219-14. This mitigation plan shall be provided to the contracting officer no later than 15 calendar days after the Limitations on Subcontracting Report is due.

The Contracting Officer will evaluate the plan to assess its adequacy for future compliance with limitations on subcontracting. This clause does not limit the rights and remedies of the government under other contract clauses, including, but not limited to, the default or termination terms of the contract.

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SECTION C - CONTRACT CLAUSES

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022) ALT I (NOV 2021), is applicable, and the following fill-in information is provided:

(a)(4): At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [TBD at time of award.]

(e)(1)(iii)(D): (D) The following subcontracts for services which are specifically excluded from the hourly rate: [TBD at time of award.];

(i)(1)(ii)(D)(1): Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [TBD at time of award. Offerors are responsible for identifying the ODC’s applicable for their approach. May include such costs as travel, subcontract costs for supplies or incidental costs for which there is not a labor or expense category specified in the contract. These expenses should not include the "costs of doing business".]

(i)(1)(ii)(D)(2): (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:[None]

In accordance with FAR Clause 52.212-4 Contract Terms and Conditions-Commercial Items Alternate I (NOV 2021), the following Language shall apply at the time of award. “The Contractor cannot exceed the funded NTE amount.