Small Business Study - Leahy-Smith America Invents Act (AlA)

52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that --
(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) ( ) It has, ( ) has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of provision)

52.222-25, AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that
(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of provision)

52.232-32, Performance-Based Payments (Apr 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the _________ [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause,

(1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and

(2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause --

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that --

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

(End of Clause)

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

The solicitation number for this requirement is SBAHQ-14-Q-0011 and is being issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72. The Government contemplates the award of a single firm-fixed price contract resulting from this solicitation. This is a total small business set-aside; NAICS code is 541720 with a small business size standard of $19.0. Contractors must be registered and active in the System for Award Management (SAM) database (https://www.sam.gov) at time award is issued and throughout performance unless an exemption exists.

Submission of written quotes must be in accordance with FAR 52.212-1, Instructions to Quoters, Commercial Items. Verbal offers will not be accepted. The Government will award a contract resulting from this solicitation to the responsible quote whose offer is conforming to the solicitation, and will be most advantageous to the Government.

DESCRIPTION OF REQUIREMENT/SPECS/WORK STATEMENT

See attached PWS

PERIOD OF PERFORMANCE:

The Period of performance shall be 12 months from date of award.

PLACE OF PERFORMANCE:

All work shall be performed at the contractor facility in support of the Office of Advocacy, U.S. Small Business Administration.

INSTRUCTIONS TO QUOTES:

52.212-1, Instructions to Offerors - Commercial Items (Jul 2013), Addendum:

Quotes submitted in response to this RFQ shall be formatted in accordance with the instructions provided. Vendors shall furnish quotes in electronic form. Quotes shall be submitted as its own document in MS Word or Adobe Acrobat format. The total page count for all volumes of the quote should not exceed 25 pages. Excess pages may not be evaluated. Cover pages, cover letters, tables of contents, and appendices are included in the page count.

Submission of proprietary information is not desired. Each paragraph shall be separated by at least one blank line. A standard Arial or Times New Roman 11 point minimum font applies. Tables and illustrations may use a reduced font not to be less than 8 point font. Margins shall be set at 1".

The submission shall be clearly indexed and logically assembled. All pages shall be appropriately numbered and identified by the complete company name and date. Electronic versions only of the quote shall be submitted to Robert Atchison (robert.atchison@sba.gov) by 10:00 a.m. Eastern Standard Time (EST) on 10 April 2014.

The quote shall include a complete discussion of the factors identified below:

Technical Approach
Price

EVALUATION OF QUOTE:

52.212-2: Evaluation - Commercial Items (Jan 1999)

The Government will award a contract resulting from this solicitation to the responsible Contractor whose quote conforming to the solicitation will be the best value to the Government- price and other factors considered. Technical and Past Performance, when combined, are more important than Price.

TECHNICAL EVALUATION CRITERIA:

A. Quality of the technical quote 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 PWS. 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 quote. Researchers whose quotes include surveys should be mindful of the Paperwork Reduction Act and OMB clearance. For a good or excellent evaluation, the quote 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 quote's technical approach, no doubt exists that the quote will successfully perform the required effort. The technical approach shows a complete understanding and methodology
for completing the PWS within the standards and workload specified.
Good - Based on the quote's technical approach, little doubt exists that the quote will successfully perform the required effort. The technical approach shows an acceptable understanding and methodology for completing the PWS within the standards and workload specified.
Marginal - Based on the quote's technical approach, some doubt exists that the quote will successfully perform the required effort. The technical approach shows a marginal understanding and methodology for completing the PWS within the standards and workload specified.
Poor - Based on the quote's technical approach, serious doubt exists that the quote will successfully perform the required effort. The technical approach demonstrates significant deficiencies in understanding and implementing performance of the PWS 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 quote and, when necessary, from other references provided by the quote. 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 quote and (2) knowledge and previous experience in researching the topic as stated in the PWS. The Government will assess the relevant risks associated with each quote to determine technical acceptance. Performance risks are those associated with an quote's likelihood of success in performing the acquisition requirements as indicated by that quote's record of past performance and knowledge and experience of the research in the fields relevant to this PWS.

For those quoters who have prior contractual experience, 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 quote's adherence to contract schedules, including the administrative aspects of performance; the quote's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the quote's business-like concern for the interest of the customer. The Government will consider the number or severity of an quote's problems, the effectiveness of corrective actions taken, the quote'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 quote's past performance record and/or qualifications and knowledge of the field, no doubt exists that the quote will successfully perform the required effort of the PWS.
Good- Based on the quote's past performance record and/or qualifications and knowledge of the field, little doubt exists that the quote will successfully perform the required effort of the PWS.
Marginal- Based on the quote's past performance record and/or qualifications and knowledge of the field, some doubt exists that the quote will successfully perform the required effort of the PWS.
Poor- Based on the quote's past performance record and/or qualifications and knowledge of the field, serious doubts exists that the quote will successfully perform the required effort of the PWS.

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 quote 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 quote's quote, no doubt exists that the quote's quote 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 quote's quote, little doubt exists that the quote's quote 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 quote's quote, some doubt exists that the quote's quote 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 quote's quote, serious doubt exist that the quote's quote will make a fundamental contribution to the literature, produce an innovative concept or idea, or develop new ground that has previously not been

PRICE:

Reasonableness: The Government will evaluate price and determine price reasonableness based on comparative, competitive pricing among the quotes received as compared to the Government's own Independent Cost Estimate. The reasonableness of proposed price and shall also be assessed by the acceptability of the Contractor's methodology used in developing the price estimates. For the price to be reasonable, in its nature and amount, it should be commensurate with what would be incurred by a prudent person in the conduct of a competitive business. Only reasonable quotes will be considered for award. Unreasonably high or low quotes present a risk to the government in achieving a best-value solution and, therefore, will not be considered.

Other relevant information to consider when submitting a quote:

1. Research quotes should include a review of the literature, establish a set of hypotheses to be tested, describe the model, describe the data to test the model, show the policy relevance of the research, list a time line and provide cost information.
2. Some data sources require special access due to privacy concerns. Quoters must sufficiently show how they would gain access to such data if they were to be awarded a contract. If applicable, quotes should include the cost of acquiring or using any databases or data lists.
3. Quotes 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. Quotes 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.
4. Previously completed research funded by the Office of Advocacy can give researchers perspective when creating quotes. See http://www.sba.gov/advo/research.

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. (End of Provision)

This requirement is exempt from the Service Contract Act under the authority of Title 29 C.F.R. § 541.300 (subpart D: Professional Employees).

52.252-1, Solicitation Provisions Incorporated by Reference
HTTP://FARSITE.HILL.AF.MIL
https://acquisition.gov/far/index.html
52.204-7 -- System for Award Management (Jul 2013)
52.212-3, Offeror Representations and Certifications -- Commercial Items (Nov 2013)
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/these address(es):
FAR - https://www.acquisition.gov/FAR/
FAR - http://farsite.hill.af.mil/vffara.htm
52.204-13, System for Award Management Maintenance (JUL 2013)
52.212-4 -- Contract Terms and Conditions -- Commercial Items (Sept 2013)
52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The following additional FAR clauses, as cited in 52.212-5, are included: 52.204-10, 52.209-6, 52.209-10, 52.219-6, 52.219-13, 52.219-28,
52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.223-18, 52.232-33, and 52.239-1.
52.242-15, Stop Work Order (AUG 1989)
52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (Jul. 2013)
52.233-3, Protest after Award
52.233-4, Applicable Law for Breach of Contract Claim (Pub.L.108-77, 108-78). (Oct 2004)
52.246-4, Inspection of Services -- Fixed-Price (Aug. 1996)