SBAHQ-13-Q-0047_Combined_Synopsis_Solicitation.docx

COMBINED SYNOPSIS/SOLICITATION

SBAHQ-13-Q-0047

Research on Gender Differences in STEM Fields Entrepreneurship

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested from this document and a written solicitation shall not be issued. The NAICS is 541720 and the small business size standard is $19.0 million. This is issued as a request for quote (RFQ). The solicitation number is SBAHQ-13-Q-0047. FAR 15 is not applicable to this procurement. This solicitation shall be a 100% SMALL BUSINESS SET ASIDE issued under Simplified Acquisition Procedures (<150K). Award shall be issued as a firm-fixed price. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-68 June 26, 2013. In accordance to FAR Subpart 4.1102 contractors shall have a current active registration in System for Award Management (SAM) and DUNS number shall be required for award https://www.sam.gov/portal/public/SAM/.

Location of Work: Contractor’s office location; no work at SBA headquarters anticipated

Time to Complete the Work: Not to exceed 12 months from the date of award

Clearance Required: None

RFQ Closing: Friday, July 26, 2013, 1:00 p.m., Mountain Time.

DELIVERY INSTRUCTIONS:

All quotes shall be submitted by the closing date/time above to:

Susan Smerdel US Small Business Administration, DFC 721 – 19th Street, 3rd Fl, Rm. 371 Denver, CO 80202

Vendors shall submit the quotes in hard copies as follows:

One (1) original and three (3) copies (no binders)

Facsimile or Electronic Submissions will NOT be accepted.

Quotes shall include the company name, DUNS number, TIN Number, address, phone and fax number, email address, and official point of contact with their response.

FORMAL COMMUNICATIONS:

Vendors are requested to review this RFQ as soon as possible upon receipt.

If a vendor has any questions regarding the RFQ which requires an answer from the issuing office, these questions shall be submitted in writing via email to susan.smerdel@sba.gov on or before July 18, 2013 by 2:00PM Mountain Time.

Subject Line shall state: SBAHQ-13-Q-0047 - Research on Gender Differences in STEM Fields Entrepreneurship

All questions and responses which may affect quotes will be incorporated into a written amendment to the RFQ. The SBA will not receive or respond to questions after the above date.

1. Introduction

The Office of Advocacy of the U.S. Small Business Administration examines the role and status of small business in the economy and independently represents the views of small business to federal agencies, Congress, and the President. It is the source for small business statistics presented in user-friendly formats, and it funds research into small business issues. For more information on the Office of Advocacy, including past research projects, see http://www.sba.gov/advocacy/847 and http://www.sba.gov/advo/research/ for archived reports.

2. Background

While it is generally understood that a gender gap exists in science, technology, engineering, and math (STEM) fields, a less extensive literature looks more narrowly at women entrepreneurs in the STEM fields.

Patent generation has often been used as a proxy for entrepreneurship. Previous literature has analyzed the gender gap for patenting in STEM fields. For example, Hunt, et. al., identifies a particularly significant gender gap in the patent-intensive STEM fields of electrical and mechanical engineering (Hunt, et. al., Why Don’t Women Patent?, NBER Working Paper 1788 (2012)). The authors also identify under-participation in patent-intensive job tasks as relevant to the patent gender gap. In addition, Ding, et. al., indicate social capital or networking (such as lower representation on scientific boards) and effective technology transfer offices (TTOs) play a significant role in patent generation rates (Ding, et. al., Gender Differences in Patenting in the Academic Life Sciences, Science, 313 665-667 (2006)).

3. Scope

This research would expand on the limited literature specific to women entrepreneurs within STEM fields. In addition to contributing to the academic literature, the identification of any significant factors or trends may prove useful to those interested in policies aimed at increasing participation of women entrepreneurs in STEM fields. For example, some suggest arts and creativity focused programs need to be developed in order to bridge the gender gap in STEM fields. Is this a valid hypothesis, and could this contribute to attracting and engaging women in STEM studies and professions (see, e.g., white paper http://steam-notstem.com/articles/whitepaper/)?

This research should aim to uncover significant factors relevant to the gender gap in STEM field entrepreneurship. To the extent that patent generation has previously been used as a metric of entrepreneurship, this might be a significant consideration in the research analysis approach. However, other viable metrics of women-owned entrepreneurship could be considered either in addition to or in lieu of the patent metric.

Specific milestones the research should address include but are not limited to:

· Relevant descriptive statistics for women-owned versus men-owned entities in STEM fields, including any distinctions according to firm size.

· Relevant descriptive statistics for patent generation and commercialization among women versus men.

· Empirical analysis of entrepreneurial activity in STEM fields. This analysis might make use of data sets such as the NSF National Survey of College Graduates (http://www.nsf.gov/statistics/srvygrads/), the Survey of Business Owners (http://www.census.gov/econ/sbo/), labor force participation from the Current Population Survey (http://www.bls.gov/cps/demographics.htm),), or other relevant data.

· Identification of general longitudinal trends, data permitting.

· Research to identify specific STEM fields that have demonstrated particular success in entrepreneurship, small business creation or longevity, or industry growth. If such fields are identified, a more granular gender-based examination should be conducted.

4. Applicable Directives

Other information of relevance when submitting a proposal:

· Research proposals should include a review of the literature, establish a set of hypotheses to be tested, describe the model, and describe the data to test the model, show the policy relevance of the research, list a timeline and provide cost information.

· Some data sources require special access due to privacy concerns. Responses must sufficiently show how they would gain access to such data if they were to be awarded a contract. If applicable, responses should include the cost of acquiring or using any databases or data lists.

· Responses that include uses of additional survey(s) for information should demonstrate familiarity with survey procedures, provide the source for respondents, provide collection details and provide realistic estimates of the response rates. Responses suggesting surveys need to include the survey approval process in the timeline as required under the Paperwork Reduction Act’s clearance process within the Office of Management and Budget. Surveys are not preferred over using existing data, as they can place a burden on small businesses, but we recognize that on occasion they are necessary.

· Previously completed research funded by the Office of Advocacy can give researchers perspective when creating responses. See http://www.sba.gov/advocacy/847.

· It is encouraged that proposals are no longer than 25 pages, not including company credentials and references.

5. Performance Requirements

The methodology and hypotheses put forth in the technical proposal, which should clearly show how the research will be conducted, are binding, and are expected to be an integral part of the final report. The analysis is expected to fully document the issues related to small business and innovation, job growth, and green entrepreneurship. Factors that will favorably impact the ratings of a proposal include: soundness of methodology, demonstrated knowledge of the covered literature, familiarity with small business research, novelty of the ideas put forth, and quality and use of data. See the “Background” and “Scope” sections above for further expectations for this research.

The final product should contain a thorough review of the current and relevant literature, discussion of the data and findings, and overall conclusions. The report should demonstrate policy relevance to current issues. For other details on the final product, see the “Deliverables” and “Performance Requirement Summary” sections that follow.

Depending on technical merit, policy relevance and costs, the Office may award more than one contract.

6. Deliverables

7. Performance Requirement Summary

Contractors must adhere to the following when submitting drafts and the final report, with the final version completed not more than one year from the date of award:

· Contractors will work with the contracting officer’s representative (COR) to give periodic written updates. All preliminary drafts of the final report must be clearly marked “draft.”

· The final report must be thoroughly edited and of high quality before submission to the COR. All research and data projects are subject to the Office of Management and Budget and Office of Advocacy data quality and peer review guidelines. Per these guidelines, peer review may range from internal Advocacy staff review to that of external reviewers in relevant fields such as academics or technical experts. Feedback from this process will be incorporated into subsequent drafts before the report can be finalized for release.

· The final report must contain an executive summary and table of contents. It must conform with the current version of one of the major style guides, such as the University of Chicago Manual of Style or the American Psychological Association (APA) Style Manual, in terms of grammar, style, and organization. In particular, each table and figure must have a source specified on the page; references, footnotes and bibliographies shall be formatted consistent with a major style guide; and all pages shall have page numbers, including tables and figures.

· All government agency websites are required to comply with the Americans with Disabilities Act of 1990. Section 508 of the ADA’s 1998 amendments requires the electronic documents posted by Federal agencies to be accessible to employees and members of the public with disabilities to the extent that it does not pose an “undue burden.” To comply with this mandate, the final report must be formatted according to the Office of Advocacy’s guidelines to achieve 508 compatibility, with these guidelines provided by the COR at the time of the award. Per the guidelines, written descriptions of all figures and charts in the final report must be provided in a separate document.

· The contractor will provide the Office of Advocacy with an electronic version of the study within twelve months from the contract start date. The research is expected to progress roughly along the following timeline and with the following benchmark submissions to the COR:

· The final report must be double-spaced. The format of the electronic version must be a native word processing software format. An Acrobat (PDF) file is not acceptable. All tables, graphics, and charts must be supplied in an editable software format. The type used in the document will be no smaller than 12 point for manuscript text; 10 point for tables, graphics and charts; and 9 point for footnotes.

· The Office of Advocacy will prepare a cover page carrying the following disclaimer, "The statements, findings, conclusions, and recommendations found in this study are those of the authors and do not necessarily reflect the views of the Office of Advocacy, the United States Small Business Administration, or the United States Government.”

· Following approval and acceptance of the final report, the Office of Advocacy will assign a date for public release of the report. Upon release, an electronic final report, along with an Office of Advocacy-prepared research summary, will be posted on Advocacy's web site, http://www.sba.gov/advocacy/847, and the report also will be available for sale at cost through the National Technical Information Service.

· The definition of small businesses should be the same as used by the U.S. Small Business Administration’s Office of Size Standards.

· The Office of Advocacy encourages contractors to publish their findings in professional journals, if possible, but they can do so only after completing the contract. They must also give appropriate citation to the Office of Advocacy for sponsoring the research and reference the SBA contract number.

8. Evaluation Factors

The contractor shall submit a technical response defining the scope of work, cost, and resources necessary to execute the work to be performed under this contract in accordance with FAR 52.212-2, Evaluation – Commercial Items.

The following cost/technical factors will be used in the evaluation of proposals.

A. Quality of the technical proposal and turnaround time; its clarity and demonstrated ability to perform the research in a timely manner.

Evaluation shall assess the detailed technical description of how all the required work will be accomplished. This will include evaluation of the literature review, data sources, and methodologies proposed for analysis and their appropriateness to the overall research being conducted relevant to the Statement of Work. In addition, the project timeline will be assessed to assure that the research report is completed in a timely manner and consistent with the methodologies prescribed in the proposal. Researchers whose proposals include surveys should be mindful of the Paperwork Reduction Act and OMB clearance. For a good or excellent evaluation, the offeror must show the ability to accomplish the desired results and demonstrate the quality of work in providing services in a timely fashion.

The following rating method shall be used in the evaluation of the technical approach information:

Excellent - Based on the offeror’s technical approach, no doubt exists that the offeror will successfully perform the required effort. The technical approach shows a complete understanding and methodology for completing the Statement of Work within the standards and workload specified.

Good - Based on the offeror's technical approach, little doubt exists that the offeror will successfully perform the required effort. The technical approach shows an acceptable understanding and methodology for completing the Statement of Work within the standards and workload specified.

Marginal - Based on the offeror's technical approach, some doubt exists that the offeror will successfully perform the required effort. The technical approach shows a marginal understanding and methodology for completing the Statement of Work within the standards and workload specified.

Poor - Based on the offeror's technical approach, serious doubt exists that the offeror will successfully perform the required effort. The technical approach demonstrates significant deficiencies in understanding and implementing performance of the Statement of Work within the standards and workload specified.

B. Researcher qualifications, experience (including past performance), if applicable and knowledge of literature in this field.

The evaluation will be based on the information obtained in the proposal and, when necessary, from other references provided by the offeror. It will also look at other relevant past performance information. The evaluation will consider: (1) the qualifications of the researcher(s) relevant to the analysis being performed in the proposal and (2) knowledge and previous experience in researching the topic as stated in the Statement of Work.

The Government will assess the relevant risks associated with each offeror to determine technical acceptance. Performance risks are those associated with an offeror’s likelihood of success in performing the acquisition requirements as indicated by that offeror’s record of past performance and knowledge and experience of the research in the fields relevant to this Statement of Work.

For those offerors who have contractual prior experiences, the Government will focus on the past performance as it relates to all acquisition requirements, such as cost, schedule and performance, including standards of good workmanship; the offeror’s adherence to contract schedules, including the administrative aspects of performance; the offeror’s reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the offeror’s business-like concern for the interest of the customer. The Government will consider the number or severity of an offeror’s problems, the effectiveness of corrective actions taken, the offeror’s overall work record, and the age and relevance of past performance information.

The following rating method shall be used in the evaluation of the technical approach information:

Excellent - Based on the offeror's past performance record and/or qualifications and knowledge of the field, no doubt exists that the offeror will successfully perform the required effort of the Statement of Work.

Good - Based on the offeror's past performance record and/or qualifications and knowledge of the field, little doubt exists that the offeror will successfully perform the required effort of the Statement of Work.

Marginal - Based on the offeror's past performance record and/or qualifications and knowledge of the field, some doubt exists that the offeror will successfully perform the required effort of the Statement of Work.

Poor - Based on the offeror's past performance record and/or qualifications and knowledge of the field, serious doubts exists that the offeror will successfully perform the required effort of the Statement of Work.

C. Probability that this research will make a fundamental contribution to the literature, produce an innovative concept or idea, offer policy relevant results, or develop new ground that has previously not been fully mined or understood.

The evaluation will assess the quality of the proposal based on its overall potential contribution to the literature in terms of innovativeness, policy relevance, or furthering the debate.

The following rating method shall be used in the evaluation of the technical approach information:

Excellent - Based on the offeror's proposal, no doubt exists that the offeror’s proposal will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been fully mined or understood.

Good - Based on the offeror's proposal, little doubt exists that the offeror’s proposal will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been fully mined or understood.

Marginal - Based on the offeror's proposal, some doubt exists that the offeror’s proposal will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been fully mined or understood.

Poor - Based on the offeror's proposal, serious doubt exist that the offeror’s proposal will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been fully mined or understood.

D. Cost/Price

AWARD DETERMINATION:

Award shall be based on best value, or the determination of whether the difference in the non-price factors is worth the difference in price. The “best value tradeoff process” permits tradeoffs among cost or price and non-cost (technical) factors and allows the Government to accept other than the lowest priced quote or other than the highest technically rated quote. The Government shall select the quote that represents the best value based on the evaluation of both price and technical factors as specified. Award shall be made to the vendor whose quote’s technical/cost relationship is the most advantageous to the government. Award may be made without further information requested by the government. Quotes should be submitted initially on the most favorable terms, from a price and technical standpoint, which the contractor can offer to the government.

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

Depending on technical merit, policy relevance and costs, the government reserves the right to award more than one contract under this solicitation.

52.212-1 Instructions to Offerors—Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors—Commercial Items (Feb 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) 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 or DUNS+4 number that identifies the offeror’s name and address. 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 FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 Evaluation - Commercial Items. (JAN 1999)

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

Quotes shall be evaluated in accordance with the criteria shown above.

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

52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the SAM (www.SAM.gov) website, the offeror shall complete only paragraphs (c) through (o) of this provision. A COMPLETED COPY SHALL BE INCLUDED WITH YOUR RESPONSE.

(a) Definitions. As used in this provision -

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ________ (Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.)

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ___ is, ___ is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ___ is, ___ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ___ is, ___ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ___ is, ___ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. (Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.) The offeror represents that-

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.) The offeror represents that-

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ____________________

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either-

(A) It ___ is, ___ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ___ has, ___ has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture.