ADT RFP - B thru M-Rev 3.docx

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES OR SERVICES TO BE PROVIDED

This is a Firm Fixed Price (FFP) type contract that provides for the acquisition of services as set forth in “Section C” in support of the Small Business Administration. The Contractor shall provide all qualified personnel, facilities, equipment, logistical support and other materials and/or services necessary to perform the efforts as set forth in Section C herein entitled “STATEMENT OF WORK FOR ADVANCED DEFENSE TECHNOLOGIES (ADTs)”.

RFP #SBAHQ-10-R-0022

SECTION C - STATEMENT OF WORK (SOW) FOR REGIONAL INNOVATION CLUSTERS

C.1.0 OVERVIEW

SBA is seeking proposals from entities that lead regional cluster projects specializing in defense-related technologies. SBA is interested in proposals that: (a) support the growth of an existing regional cluster; (b) demonstrate strong regional, bottom-up support; (c) are market-driven; and (d) demonstrate high potential for success. These clusters will involve public-private partnerships that align federal resources – including SBA’s entrepreneurial education network, lending and investing partners, business development programs and Small Business Innovation Research program as well as defense technology development programs – with existing state and local resources, regional strengths and economic growth opportunities in communities.

Successful cluster proposals will include partnerships between business and industry groups, economic development organizations, entrepreneurial education programs, and training initiatives and will reflect a defense industry-specific focus and collaboration. These clusters will assist businesses in matching innovative technology to defense needs and fully engage with defense efforts to develop, produce, and deploy new systems and technology to meet defense needs. Additionally these clusters will create 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 address how they will provide at least one of the following services to small businesses involved in the cluster:

a) Business training

b) Business counseling

c) Mentoring

d) Technology transfer counseling

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

f) Engagement with Defense Small Business Innovative Research & Development Programs

g) Support in obtaining Facility Clearance status and holding of security clearances

h) Export readiness counseling

i) Support for underserved communities

j) Other services relevant to small businesses

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

k) Manage business growth

l) Build customer bases particularly with Department of Defense Program Offices

m) Build networks and partnerships and teaming relationships for complex proposals

n) Assist in market development

o) Assist in ascertaining DoD technology development requirements and priorities, matching and operationalizing cluster technology and capabilities to best meet these needs

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

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 of small businesses; and increased job creation. Offerors will vary in size and maturity, but Offerors' experience and demonstrated success will be an important evaluation factor. Specifically, this includes existing partnerships with relevant stakeholders, including but not limited to universities, community colleges, community leaders, businesses, business leaders, political leaders and workforce development boards. Demonstration of successful collaborative efforts in the past is a critical element of this. Contracts will be awarded on a fixed price basis.

C.1.1 Definition of Regional Clusters A regional cluster is a geographically-bounded, active network of similar, synergistic or complementary 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 and that are located within a defined geographic region.

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 of 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 and find ways to nurture networks for business financing, business-to-business sales, education, and workforce development. These networks work in concert with local governments, venture capitalists, private banks, private investors, workforce investment boards, non-profit organizations, institutions of higher education (including community colleges), and other public and private agencies and institutions.

C.1.2 Qualifications of a Cluster Offerors must provide certain key information and documentation, in order for SBA to evaluate whether it meets the definition of representing an existing regional cluster.

1. Evaluation criteria sub-factors for an existing regional cluster:

1. The Offeror is an established regional cluster, or the lead entity (or team) of an established cluster, with a defined management structure, and the authority to bind the cluster to deliver, or to itself deliver, the offered services;

1. The Offeror is recognized as such by key cluster partners and stakeholders;

1. The Offeror currently represents and convenes, and has a history of representing and convening, a variety of stakeholders in a designated region; and

1. The Offeror is devoted to implementing a strategic plan for the region, centered on a particular industry, technology or product.

1. Offerors are asked to submit the following Required Documents in an Appendix to inform SBA’s evaluation of eligibility. Each Required Document corresponds to a specific Evaluation Criteria (listed in part A, above).

Offerors are strongly encouraged to include other documents that further inform the evaluators’ assessment. Suggested documents are listed in, but not limited to, the items listed in the Recommended Applicable Documents, below.

Offerors will vary in size and maturity, but Offerors' experience will be an important evaluation factor. Successful cluster proposals will demonstrate the cluster’s existing partnerships between business and industry groups, economic development organizations, entrepreneurial education programs, and training initiatives and will reflect a defense industry-specific focus and collaboration. This includes existing partnerships with relevant stakeholders, including but not limited to universities, community colleges, community leaders, businesses, business leaders, political leaders and workforce development boards. Demonstration of successful collaborative efforts in the past is a critical element of this.

C.2 Cluster Proposals Successful proposals will include efforts to align federal resources – including SBA’s entrepreneurial education network, lending and investing partners, business development programs and Small Business Innovation Research program – with existing state and local resources, regional strengths and economic growth opportunities in communities. These partnerships will support the development and growth of small businesses in the cluster region.

These clusters will have identified plans and strategies to enhance the region’s ability to create jobs, compete on a national and global scale, and attract further business investments.

C.3 SCOPE

The Contractor shall provide a work force possessing the skills, knowledge and training to satisfactorily perform the services required under this contract, in order to achieve core performance metrics and the reporting of these metrics.

C.4 PERFORMANCE PERIOD

The base term shall be 12 months from the date of award. An option to extend the contract for an additional 12-month period is included and shall be addressed and priced by the Offeror. Exercise of the option will be at the sole discretion of the SBA. The total term of the contract, including all extensions, shall not exceed twenty-four (24) months.

C.5 CONTRACTOR PERSONNEL

C.5.1 Project Manager Contractor shall designate a Project Manager to oversee implementation and execution of the Contract and to serve as the Contractor’s primary point of contact with the SBA Contracting Officer’s Technical Representative (“COTR”). Contractor shall not bill SBA directly for the time and services of the Project Manager. The services of the Project Manager shall be considered a management function of the Contractor and shall be absorbed in the overall cost of general and administrative expenses. The Project Manager shall have comprehensive knowledge of operational performance, as well system design and integration. Project Manager shall ensure that the requirements of this SOW are fully met.

C.5.2 Project Associates Contractor shall designate a team of 2 to 3 Project Associates to assist in the work of the Project Manager.

C.6 DELIVERABLES

The contractor will provide the services outlined in the contractor's proposal in an effort to meet the objectives outlined in section 1.0. 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. The report shall be submitted to the SBA COTR within 15 calendar days following the last day of the quarter reported. At the end of the base term or option period (if applicable), the contractor will report on the extent to which it provided all of the services proposed in the contractor's proposals. 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; the creation new products or business lines; accelerated growth of small businesses; regional economic growth and increased job creation.

C.6.1 Quarterly Reporting The Contractor shall provide a status report at the end of every quarter detailing activities completed, activities delayed, problem areas determined, problems resolved, and progress to date towards meeting specified metrics in section 1.0. The report shall be submitted to the SBA COTR within 15 calendar days following the last day of the quarter reported.

C.6.2 Annual Reporting At the end of the base term or option period (if applicable), the contractor will provide a detailed report on the extent to which it provided all of 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:

C.6.2.1 Small Business Metrics:

1. Growth in number of small businesses participating in cluster partnerships

1. Growth in number of small businesses participating in cluster and support industries

1. Growth in number of small business starts in the cluster area

1. Growth in total capital flowing to small businesses in the region (including defense development funding, and other grants, contracts, loans and investments from public and private sources)

1. Growth in job creation of small businesses

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

C.6.2.2 Regional Economy Outcomes:

1. Regional economic growth and job creation

C.6.3 The Contractor shall provide the deliverables as defined in this document to the COTR in Microsoft Office or compatible electronic format unless otherwise noted. All reports shall be provided in Microsoft Office Word.

C.7 AGENCY FURNISHED PROPERTY AND INFORMATION

The Agency does not anticipate that it will provide any property or information as a result of this contract. Offerors may utilize property and information of existing cluster participants, as appropriate.

SECTION D - PACKAGING AND MARKING

D.1 PRESERVATION, PACKING AND MARKING

(a) All packing and mailing of reports or submittals shall be accomplished in the most economical and efficient manner and in accordance with the best commercial practices.

(b) All information submitted to the Contracting Officer or the Contracting Officer’s Technical Representative (COTR) shall be clearly marked with the name or the organization/contractor, the contract, task order and/or modification number as appropriate, and the identification of the submission.

D.2 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information under the terms and conditions of the contract, including forms, report, etc., to the Contracting Officer or the COTR, shall be paid by the contractor.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 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 accessed electronically at this address:

https://www.acquisition.gov/Far/

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

E.2 INSPECTION AND ACCEPTANCE

All reports, documentation, analyses, and procedures will be submitted to the COTR in draft prior to preparation as completed products. Written products should be delivered in both paper and electronic versions (i.e., CD, Zip disk, 3.5 disk) employing Microsoft Office standard software. Written products are not considered delivered until both paper and electronic versions are in Government possession.

The Government will have 5 working days to review and provide comments unless another review period is agreed to by both the contractor and the SBA. The Contractor has 5 working days to review and respond to the Government comments unless both the contractor and the SBA agree to another review period.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this requirement shall be 12 months from Date of Award, with one 12-month Option Period.

F.2 PLACE OF DELIVERY

(a) All deliverables as described herein shall be delivered under transmittal letter to the COTR at the following address:

U.S. Small Business Administration

(b) A copy of each deliverable transmittal letter shall be delivered to the Contracting Officer at the following address:

F.3 DELIVERABLES/DELIVERY SCHEDULE

During the performance of this contract, the Contractor shall deliver quarterly and annual reports in accordance with section C.6.

F.4 PLACE OF PERFORMANCE

The work effort defined in this requirement shall be performed at the contractor's facilities and/or other appropriate locations selected by the contractor.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

G.1.1 The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies and services, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award. The designation letter will set forth the authorities and limitations of the COTR under the contract.

G.1.2 The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

G.2 CONTRACTING OFFICER’S TASK MONITOR (TM)

G.2.1 The Contracting Officer may designate additional technical personnel to serve as TMs to assist the COTR in monitoring the work under this contract. The COTR will coordinate and manage the activities of the TM, who will in turn, with the COTR’s concurrence and consent, act as his/her agent within the limits of the COTR’s authority to the extent that the TM does not supplant that individual in his/her responsibilities or capacity as COTR.

G.2.1 The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Only the Contracting Officer can authorize any such revision in writing. The Contracting Officer shall promptly countermand any action that exceeds the authority of the COTR or TMs.

G.3 BILLING INSTRUCTIONS

The contractor shall submit monthly invoices for payment utilizing Standard Form 1034 submitted in one original in accordance with “Instructions for Preparation and Submission of Public Vouchers” (available from the Contracting Officer). Invoices shall be submitted to:

U.S. Small Business Administration

G.4 TRAVEL

Travel is not authorized under this Contract and shall not be reimbursed.

G.5 FUNDING

Funding for performance will be allocated and obligated by the award document and modifications issued against the Contract.

G.6 COTR ASSIGNMENT

(To be inserted at time of award) is hereby designated as the Contracting Officer’s Technical Representative (COTR) for this contract. The COTR can be reached by telephone at (pending award).

The COTR has the authority to monitor the technical progress of the services that are required under the contract. This includes visits to the contractor’s place of performance, meetings, and telephone conversations with the contractor’s personnel, inspection, acceptance, or rejection of the contracted items and other duties that may be authorized by the contracting officer. The COTR cannot authorize or order the cessation of contract work or delete, change, or waive any of the technical requirements or other terms and conditions of the contract. If a change (monetary or otherwise) to the contract is desired, the contractor must submit a written request to the contracting officer for consideration. If appropriate, the change will be effected by a contract modification, after discussions and/or negotiations. Whenever a difference of opinion between the contractor and the COTR occurs, the contracting officer or contract specialist should be contacted immediately for resolution. The contractor should also contact the contracting officer or contract specialist when the COTR cannot be contacted on a technical matter and for assistance on all other matters pertaining to this contract.

G.7 NOTIFICATION

The contractor shall notify the Contracting Officer and/or the COTR immediately upon identification of problems that affect or potentially affect the contract. The contractor shall follow-up verbal notifications in writing. The problem notification shall state the nature and source (description) of the problem, description of the impact of the problem on the task or deliverables, the recommended solutions and/or corrective actions needed to resolve the problem, and the proposed schedule for resolving the problem. Submission of the report must be within 24 hours after the identification of the problem.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ACCESSIBILITY OF MEETINGS AND CONFERENCES TO PERSONS WITH DISABILITIES

The contractor shall assure that any meeting or conference held pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any implementing regulations.

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252- SOLICITATION 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 accessed electronically at this/these address:

https://www/acquisition.gov/Far/

52.202-1 DEFINITIONS (JUL 2004) (IAW FAR 2.201)

52.203-3 GRATUITIES (APR 1984) (IAW FAR 3.202)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (IAW FAR 3.404)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) (IAW FAR 3.503-2)

52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) (IAW FAR 3.502-3)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (IAW FAR 3.104-9(a))

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (IAW FAR 3.104-9(b))

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (IAW FAR 3.808(b))

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) (IAW FAR 4.303)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) (IAW FAR 4.1104)

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN 2004) (IAW FAR 15.209(a))

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997) (IAW FAR 15.209(h))

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) (IAW 19.708(b)

52.222-3 CONVICT LABOR (JUN 2003) (IAW FAR 22.202)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (IAW FAR 22.810(a)(1))

52.222-26 EQUAL OPPORTUNITY (MAR 2007) (IAW FAR 22.810(e))

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (IAW FAR 22.1310(a)(1)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (IAW FAR 22.1408(a))

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (IAW FAR 22.1310(b))

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (IAW FAR 22.1605)

52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007) (IAW FAR 22.1705(a))

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (IAW FAR 23.505)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003) (IAW FAR 23.906(b))

52.227-14 RIGHTS IN DATA – GENERAL (IAW FAR 27.409(b)(1))

52.232-17 INTEREST (JUN 1996) (IAW FAR 32.611(a), FAR 32.611(b))

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (IAW FAR 32.806(a)(1))

52.232-25 PROMPT PAYMENT (OCT 2008) (IAW FAR 32.908(c))

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (IAW FAR 32.1110(a)(1))

52.233-1 DISPUTES (JUL 2002) (IAW FAR 33.215)

52.233-3 PROTEST AFTER AWARD (AUG 1996) (IAW FAR 33.106(b))

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (IAW FAR 33.215(b))

52.242-13 BANKRUPTCY (JUL 1995) (IAW FAR 42.903)

52.243-1 CHANGES—FIXED PRICE (AUG 1987) (IAW FAR 43.205(e))

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996) (IAW FAR 44.204(c))

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007) (IAW FAR 44.403)

52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997) (IAW FAR 46.805(a)(4))

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) (IAW FAR 49.502(b)(1))

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE (APR 1984) (IAW FAR 49.504(a)(1))

52.249-14 EXCUSABLE DELAYS (APR 1984) (IAW FAR 49.505(b))

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (IAW FAR 53.111)

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989) (IAW FAR 4.103)

This contract is subject to the written approval of the Contracting Officer, and shall not be binding until so approved.

I.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) (IAW FAR 17.208(f))

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (IAW FAR 17.208(g))

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months (2 years).

I.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN 2007) (IAW FAR 19.308(d))

a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number ______________________________.

[Contractor to sign and date and insert authorized signer's name and title].

SECTION J - LIST OF ATTACHMENTS

No. Title # of Pages

A CONTRACTOR’S PAST PERFORMANCE QUESTIONNAIRE 4

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

K.1 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) (IAW FAR 4.607(a))

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) (IAW FAR 4.1202)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541611.

(2) The small business size standard is $7.0 million.

3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

_X_ (vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

_X_ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

_X_ (x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 GENERAL INSTRUCTIONS FOR SUBMITTING PROPOSALS

The Small Business Administration, Division of Procurement & Grants Management, is releasing this solicitation electronically. This electronic version of the solicitation is the official version for this acquisition. No hard copy of the solicitation will be issued. All applicable amendments will be posted electronically.

Each Offeror must submit a written proposal. When evaluating an Offeror the Government will consider how well the Offeror complied with both the letter and spirit of these instructions. The Government will consider any failure on the part of an Offeror to comply with both the letter and spirit of these instructions to be an indication of the type of conduct it can expect during contract performance.

L.2 SPECIFIC INSTRUCTIONS

L.2.1 Proposal Submission Offerors may submit their proposal through a commercial delivery service or by hand-delivery service. Electronic Submission will not be accepted. Offerors shall provide their proposal to the following address prior to the closing time and date of this solicitation:

U.S. Small Business Administration Division of Procurement and Grants Management ATTN: Gary Fontaine 409 3rd St., SW, Suite 5000 Washington, DC 20416

If submitting the proposal via hand-delivery service, please have the proposal delivered to the Visitor’s Center on the lobby level.

Proposals shall only be submitted as described above. Proposals submitted by any other means will not be evaluated.

Offerors shall submit their proposals before the due date and time for this solicitation. The due date and time for proposals is 4:00 pm EDT, Monday, August 16, 2010.

L.2.2 Questions

The cutoff date for questions is Friday, July 23, 2010, at 5:00 pm EDT. Offerors are requested to e-mail questions to clusters@sba.gov. Responses to all questions will be in the form of an amendment to the solicitation and will be posted electronically at fbo.gov.

L.3 Small Business Subcontracting Plan All Offerors (other than small business concerns) must submit a small business subcontracting plan, in accordance with FAR subpart 19.7 and clause 52.219-9.

L.4 Number of Solicitations An offeror and its team (i.e., cluster members, subcontractors, etc.), that submits an offer for this solicitation may not submit an offer under the Advanced Defense Technology Cluster solicitation.

L.5 Proposal Format Proposals shall be submitted and formatted as follows:

L.5.1 Text/Page Limits Text shall be at least single-spaced, on 8 ½ x 11 inch paper, with a minimum one-inch margin all around. Pages shall be numbered consecutively. A page printed on both sides shall be counted as two pages. No foldout pages shall be used. Pages submitted in excess of the page limitations stated throughout this document will be removed and not evaluated.

L.5.2 Font Size Print shall be of a minimum 12-point font size. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

L.5.3 Binding and Labeling Originals must be unbound. The number of copies shown in the Table 1 below should be submitted in economical, three-ring binders. Responses to Technical Approach, Experience, and Past Performance shall be in a separate binder from the response to Price. A cover sheet shall be inserted in each binder, clearly marked as to the solicitation identification, date of submittal, acknowledgement of any amendments, the Offeror’s name, address, Taxpayer ID number, DUNS, CAGE code, and the Offeror’s POC name, phone, and email. The cover sheet shall not count against any page limitation.

L.5.4 Compact Disk In addition to the paper copies detailed below, please include a digital version of the full proposal (Technical Approach, Experience, Past Performance, Cluster Qualification, and Price) on a compact disk with your submission.

TABLE 1: Page Limits and Required Copies

Complete budget breakdown in accordance with applicable cost principles and procedures

L.6 Contents of Technical Proposal Technical proposals shall address the requirements of the SOW and the evaluation factors of this solicitation in a straightforward, complete, and concise manner. Offerors should address how they will support the development and growth of small businesses in the cluster region through providing services in one or more of the following areas:

a) Business training

b) Business counseling

c) Mentoring for new and growing small businesses

d) Technology transfer counseling

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

f) Export readiness counseling

g) Support for underserved communities

h) Other services relevant to small businesses

Offerors should also address how they will link small businesses with technology, development and financing opportunities, as well as initiatives to establish mentoring and networking opportunities with seasoned entrepreneurs to help potential high-growth small businesses:

i) Manage business growth

j) Build customer bases

k) Build networks and partnerships

l) Assist in market development

m) Facilitate opportunities for accessing new resources and markets

The technical proposal shall be divided into the following four sections:

L.7 Cluster Qualification (Factor 1) Offerors must provide certain key information and documentation, in order for SBA to evaluate its qualification as an existing regional cluster.

Evaluation criteria sub-factors of an existing regional cluster:

1. The Offeror is an established regional cluster, or the lead entity (or team) of an established cluster, with a defined management structure, and the authority to bind the cluster to deliver, or to itself deliver, the offered services;

2. The Offeror is recognized as such by key cluster partners and stakeholders;

3. The Offeror currently represents and convenes, and has a history of representing and convening, a variety of stakeholders in a designated region; and

4. The Offeror is devoted to implementing a strategic plan for the region, centered on a particular industry, technology or product.

Offerors are asked to submit the following Required Documents in an Appendix to inform SBA’s evaluation of eligibility. Each Required Document corresponds to a specific Evaluation Criteria (listed in part A, above).

Offerors are strongly encouraged to include other documents that further inform the evaluators’ assessment. Suggested documents are listed in, but are not limited to, the items listed in the Recommended Applicable Documents, below.

L.8 Technical Approach (Factor 2) Provide a detailed scope of work. For each activity, provide a detailed description, the relationship between the activity and the cluster needs outlined in the Experience section of the Technical Proposal, a start and end date, the expected target audience, key milestones, deliverables, and expected outcomes (both quantitative and qualitative). If applicable, clarify the extent to which proposed activities build on the current activities of the Offeror.

A. Technical Assistance Specify and detail the cluster support service delivery methods, products and their implementation. Applicants will be evaluated on their understanding of the project and proposed approach for performing the award. Specifically, the review team will consider:

1. The extent to which proposed services and assistance for small businesses meet documented market gaps. Innovation and creativity in providing assistance to small businesses is encouraged.

2. Will the services delivered lead to measurable, reportable, and effective outcomes? Are the project design and methodology accurate? Replicable? Are templates or models included?

3. Does the Offeror have the capacity, leadership and partnerships established to effectively deliver services to the cluster region?

4. The extent to which cluster partners are engaged in delivering services and supporting cluster efforts.

B. Economic Benefit The extent to which the proposed project demonstrates the potential for substantial near-term and long-term economic benefits for the region. Specifically, the review team will consider:

1. Small Business Benefits

· The likelihood that the project will result in a substantial net gain in ‘high impact’ businesses and other profit generators as well as opportunities for the service industries that support these businesses.

2. Innovation Benefits

· The likelihood that the project will generate substantial,…