3-Clauses Provisions-SBAHQ-15-R-0015.docx

PERFORMANCE-BASED STATEMENT OF WORK

SBA – Regional Innovation Cluster Initiative Services – 2015 Clauses and Provisions

CLAUSES

52.252-02 Clauses Incorporated by Reference (FEB 1998)

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

“30 days”

NOV 1999

(a) “10 days”; “30 days”

(b) “60 months/five years”

MAR 2000

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

__X_ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). (For solicitation but not for each award,) ___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

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

_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). (If Contractor is not a small for-profit business) ___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

__X_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) __X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Apr 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(E) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246).

(F) 52.222–35, Equal Opportunity for Veterans (Jul 2010) (38 U.S.C. 4212).

(G) 52.222–36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(I) 52.222–41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(J) ___X_ (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(K) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(L) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(M) 52.222–54, Employment Eligibility Verification (Aug 2013).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E. O. 13658).

(O) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(P) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

PROVISIONS

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

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

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

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

Contractor’s proposal must be complete, in accordance with these solicitation provisions, and received by the Contracting Officer no later than 3 p.m., Mountain Time, on July 7, 2015.

Proposals shall include only the following:

(1) a filled in and signed SF-1447 (complete blocks 13 & 27) – one copy;

(2) Technical Proposal, Part 1 – Contractor’s Technical Approach – limitation of 15 pages – four copies;

(3) Technical Proposal, Part 2 – Statement of Contractor’s Cluster Qualifications and Cluster Initiative Experience – limitation of 10 pages (narrative statement). Attach required and recommended documents and information listed in the Statement of Work, and, resumes of key personnel at the end of this part (attachments do not count toward the page limitation) - four copies;

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

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

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

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

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

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

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

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

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

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

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

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

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

Factor 1 – Technical Approach

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

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

Factor 2 – Cluster Qualifications and Experience

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

Contractor should also include detailed information and metrics on the cluster initiative’s inclusion of and performance in effectively serving historically underrepresented and underserved populations.

Further, the Contractor shall identify whether the proposed cluster is currently being supported through active SBA contracts. A list and map of current SBA contract-based clusters are included in the attachment “2015 SBA – 11 Regional Innovation Clusters Map.pdf” in this solicitation package (Attachment 2B to the SOW).

Proposals will be ranked more highly that focus on a regional cluster not currently being supported through active SBA contracts. SBA is looking for proposals that either embody a different sector or a different region or state than those initiatives currently being supported.

The SBA intends to award a total of up to three contracts to three contractors to provide cluster initiative services. As part of SBA’s involvement in the Partnerships for Opportunity and Workforce and Economic Revitalization (POWER) initiative, the SBA intends to make one of the three contemplated contract awards to an entity that will provide cluster initiative services to a community affected by changes in the coal economy. If an Offeror is proposing to serve a coal-reliant community in coordination with the POWER initiative, the Offeror shall also include the Core Project Narrative as indicated in the POWER FFO. Proposals will be ranked more highly that have a POWER component.

Additionally and among all three contemplated awards this year, the SBA will take into consideration whether proposing entities are part of and will provide services to communities with an Investing in Manufacturing and Communities Partnership[footnoteRef:1][1] (IMCP) designation, as well as entities that are part of a Promise Zone[footnoteRef:2][2] designation. The SBA intends to leverage Federal resources and programs that strengthen regional economies. These two designations are examples of initiatives with potential cluster work not currently a part of the SBA Regional Innovation Cluster portfolio. Proposals will be ranked more highly that leverage other Federal resources and concern cluster work that is not a current part of the SBA Regional Innovation Cluster portfolio. [1: [1] The Investing in Manufacturing Communities Partnership (IMCP) aims to accelerate the resurgence of manufacturing and create a competitive climate for communities to attract manufacturing jobs and investment. The IMCP encourages communities to devise comprehensive economic development strategies that strengthen their competitive edge in attracting global manufacturers and their supply chains. More information on IMCP can be found at http://www.eda.gov/challenges/imcp/. ] [2: [2] As a participant in the Administration’s Promise Zone Initiative, the SBA is cooperating with HUD and 10 other federal agencies to support comprehensive revitalization efforts in 20 high poverty urban, rural and tribal communities across the country. For more information on Promise Zones, please go to www.hud.gov/promisezones. ]

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

Factor 3 – Past Performance / Experience

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

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

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

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

The following rating method will be used to evaluate proposals:

Outstanding –

· Contractor’s technical approach shows an excellent understanding of the requirements stated in the Statement of Work SOW). Contractor’s proposed cluster work meets all the SOW requirements. Contractor’s proposed workforce and deliverables as stated in its proposal match the Contractor’s proposed cluster work and the SOW requirements. Contractor’s methodology to accomplish its proposed cluster work is complete, and reasonable. Contractor demonstrates alignment with and/or affiliation with other federal agency programs and initiatives, including, but not limited to, Promise Zones and/or Investing in Manufacturing Communities Partnership (IMCP). Contractor’s proposal implements a strategic plan for growth and competitiveness of the proposed region, centered on a particular industry, technology, or product. Contractor’s proposal is structured to ensure that the benefits of planned growth efforts accrue broadly to the larger small business ecosystem, including but not limited to underrepresented and underserved communities. Contractor’s technical approach shows a complete understanding of cluster work.

· Contractor’s cluster qualifications part of its proposal shows that Contractor is an established regional cluster initiative, or the lead entity (or team) of an established cluster initiative, with a defined management and governance structure, well-defined strategic objectives, and the authority to bind the cluster to deliver the offered services and defined deliverables. Contractor clearly identifies the sector(s) and region of its cluster initiative work and is recognized as a cluster contractor by its key cluster partners and stakeholders in the proposed region. Contractor’s proposal shows that Contractor has existing relevant partnerships to support cluster work. Contractor’s proposal demonstrates broad and substantial inclusion of underrepresented and underserved communities. Contractor currently represents, convenes, coordinates, and has a history of representing, convening, and coordinating, a variety of stakeholders, including academic, business, and political partners, as well as a diverse array of community leaders, workforce development boards, and strategic investors. Attached documentation is complete. Attached resumes are responsive and relevant. If a Contractor is proposing to serve a community affected by changes in the coal economy (in coordination with the POWER initiative), the Contractor clearly demonstrates in its proposal and the supplemental POWER core project narrative, the degree of economic distress/impact resulting from coal economy contractions and clearly and plausibly indicates how the proposed cluster initiative will mitigate those impacts through support for job-creating economic development in compatible industries.

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

· The risk of unsuccessful contract performance is extremely low.

Good –

· Contractor’s technical approach shows, at a minimum, an acceptable understanding and methodology for performing cluster work. Contractor’s proposed cluster work meets the SOW requirements. Contractor’s proposed workforce and deliverables as stated in its proposal match the Contractor’s proposed cluster work and the SOW requirements. Contractor’s methodology to accomplish its proposed cluster work is mostly complete and reasonable. Contractor’s proposal is structured to ensure that the benefits of planned growth efforts accrue broadly to the larger ecosystem, including but not limited to underrepresented and underserved communities. Contractor’s proposal shows an acceptable understanding of cluster work.

· Contractor’s cluster qualifications part of its proposal shows that Contractor is an established regional cluster, or the lead entity (or team) of an established cluster, with a defined management and governance structure, well-defined strategic objectives, and the authority to bind the cluster to deliver the offered services and defined deliverables. Contractor is recognized as a cluster contractor by its key cluster partners and stakeholders. Contractor’s proposal shows that Contractor has existing relevant partnerships to support cluster work. Contractor’s proposal demonstrates broad and substantial inclusion of underrepresented and underserved communities. Contractor currently represents, convenes, coordinates, and has a history of representing, convening, and coordinating, a variety of stakeholders, including academic, business, and political partners, as well as a diverse array of community leaders, workforce development boards, and strategic investor. Attached documentation is mostly complete. Attached resumes are mostly responsive and relevant. If a Contractor is proposing to serve a community affected by changes in the coal economy (in coordination with the POWER initiative), the Contractor reasonably demonstrates in its proposal and the supplemental POWER core project narrative, the degree of economic distress/impact resulting from coal economy contractions and provides adequate indication of how the proposed cluster initiative will mitigate those impacts through support for job-creating economic development in compatible industries

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

· Risk of unsuccessful performance is very low.

Marginal –

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

· As to cluster qualifications and looking at all elements of Contractor’s Proposal, some doubt exists that the Contractor will perform the required effort.

· The risk of unsuccessful contract performance is moderate.

Unsatisfactory –

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

· The proposed technical approach lacks a substantial commitment to the inclusion of underserved and underrepresented communities.

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

· Numerous weaknesses and deficiencies exist.

· The risk of unsuccessful performance is high.

Factors 1, 2, and 3 will be individually rated using the above scale and definitions. Then the overall proposal will be rated using the same scale and definitions.

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

Factor 4 – Price

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

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

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

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

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

Regional Innovation Cluster Initiative Service – 2015 – Performance-Based Statement of Work Page 10 of 14