ITEM NO SUPPLIES/SERVICES EST UNIT UNIT PRICE MAX AMOUNT

SECTION A OVERVIEW The CPA believes that business centers can help promote and expand a competitive and efficient private sector in Iraq. It has therefore designed this program to strengthen three existing business centers in major cities and support the establishment and growth of others. Each of the three existing business center will be established as an NGO, legally registered under CPA Order No. 45 or its successor, which will perform fee-based services with the objective of becoming self-funding over time. The contractor will provide each center with a business plan, strategic direction, management oversight and specific task-centered support to build the management and technical skills of the Iraqi team at each center and support the development of each center as a leader in providing high quality, fee-based business support services to micro, small, and medium-sized enterprises in Iraq. With time, the centers must build a clientele and establish a fee structure that will cover the costs of the operation. This goal will have an impact on the kinds of clients served and the level at which training and support services are provided. A complementary activity is to develop the umbrella organization to which the business centers belong, the Iraqi Business Centers Alliance (IBCA). Currently, IBCA exists as a web portal ( HYPERLINK "http://www.iraqibusinesscenter.org" www.iraqibusinesscenter.org) with links to its member business centers and other information sources. The contractor will explore the extent to which IBCA can and should become an entity that creates synergies among the business centers beyond a common website. Another complementary activity to be developed and implemented through the business centers is the establishment of a Business Speaker Series. This service will provide a platform for the business centers to attract individuals to the center through addressing issues that are of interest given today’s business opportunities and situations; it should also be one of the vehicles to help the business centers move toward self-sustainability. Finally, the contractor must commit to provide, through the business centers, a level of financial and business consulting to enterprises seeking debt financing. These services will be provided to company managers and owners to address the growing need for greater understanding of the credit application process, preparation of financial statements and business plans, the nature and structuring of long-term borrowing, and other specific financial skills needed to manage a business. The particular topics to be addressed will be determined and programmed by the contractor keeping in mind the quickly expanding demands that are now being placed on private sector businesses in Iraq to compete in a free market. Throughout its efforts, the contractor must act in keeping with the objective of evolving the business centers into Iraqi organizations – managed and operated by Iraqis for the benefit of the Iraqi business community primarily, and only secondarily for the benefit of the international (including American) business community. SECTION B SCHEDULE ITEM NO SUPPLIES/SERVICES EST UNIT UNIT PRICE MAX AMOUNT QUANTITY 0001 Business Center Program 1 LOT $TBD $TBD Base Period: 15 months from date of contract award FIRM FIXED PRICE $TBD FUNDED AMOUNT $TBD B.1 FOB: Destination B.2 This is a Firm Fixed Price Contract. SECTION C STATEMENT OF WORK C.1 PROGRAM DESCRIPTION AND OBJECTIVES. The Contractor shall provide the management, personnel, equipment, supplies/materials, and facilities to develop and implement a program that achieves the following key results: C.1.1 Strengthened programs and improved management at the three existing business centers, operating as legally registered NGOs; Transition to Iraqi management at these three existing business centers, and; Support for other business centers throughout Iraq, using the programs at the three existing centers as models. C.1.2 Realistic business plans designed and implementation begun to move the three centers to financial self-sufficiency; Initiation of revenue-generating activities. C.1.3 Development of the Iraqi Business Center Alliance (IBCA) umbrella structure C.1.4 Execution of the Business Speakers Series C.1.5 Provision of consulting to company managers to enable them to make effective credit applications to banks C.2 SCOPE OF WORK. In the performance of this statement of work, the Contractor shall accomplish the following tasks: C.2.1 Strengthen Business Centers. The Contractor shall strengthen the value-added services to the Iraqi business community delivered by each of the existing business centers and help entrepreneurs and organizations to establish new business centers to provide a similar suite of value-added services. Specific activities include: C.2.1.1 Strengthen the existing business centers via identifying, developing, and delivering a full range of additional complementary services that fosters business development in Iraq. C.2.1.2 Inventory the present services provided by the existing business centers in the three existing locations (Baghdad, Basra, Kirkuk) and develop a plan to enhance these services as well as combine with additional services to be identified that will enable each center to operate as a model private-sector business center. C.2.1.3 NGO Registration—each business center will be a separate legal entity; process started but not complete. C.2.1.4 Develop effective operations and accountability reporting systems to be implemented. C.2.1.5 Review existing contractor meetings and events, referrals, on-line delivery services and calendar of events to determine most effective practices. C.2.1.6 Design and develop a comprehensive model for “private sector lead” business center which shall include governance, services, funding, staffing and equipment C.2.1.7 Build on the existing Web-portal and information system to insure it is “state-of-the-art” and clearly services the users. C.2.1.8 Develop Best Practices in terms of delivery of all services. C.2.1.9 Transition management responsibilities for Iraqi Business Centers from the Army to Business Center Management team and train Iraqi managers of Business Centers in operations, service and rational organization. C.2.1.10 Compile and maintain a comprehensive database for a variety of users to become a fee-based product. C.2.1.11 Develop an awareness marketing campaign and outreach program to enhance business center usage. C.2.1.12 Develop and plan for registering companies, including Web-based applications. C.2.2. Plan and Start to Implement Financial Self-Sufficiency: C.2.2.1 Draft business plans for the three existing centers and start to implement them. Generate significant revenues. Implicit in this are the following: C.2.2.1.1 Design and develop a comprehensive model for “private lead” business centers. This shall include governance, services, funding, staffing, equipment and other material needs and a roll-out schedule. C.2.2.1.2 Identify important linkages between other associations and the business centers to promote self-sustainability. C.2.2.1.3 Explore and identify the most plausible sponsorship of the Business Centers to increase self-sustainability. C.2.2.1.4 Evaluate new services to be bundled and provided by the business center that generate demand levels which correspond to profit generation assisting the business centers to move toward self–sustainability. C.2.2.1.5 Implement these new services into business center offerings. C.2.2.1.6 Most importantly, generate significant revenues to become self-sustaining. C.2.2.2 Identify the appropriate amount of funding that will be set aside from this contract’s total award of $5.5 million that will be needed, in the Offeror’s estimation, to develop, refine, and implement various recommendations that lead the business centers into self-sustainability, on a permanent basis. This amount would be available after the initial fifteen month period of the contract is completed, and strictly to be used over the next prevailing months (the exact number of months to be estimated by the program planner) to achieve self-sustainability. C.2.3 Iraqi Business Center Alliance. Facilitate the growth of the Iraqi Business Center Alliance (IBCA) to support the development and operations of a network of business centers as a means of providing procurement assistance and business development services to Iraqi companies. The thrust of this effort is to create a network that allows the best practices of one center into all of the business centers across Iraq. This effort will include: C.2.3.1 Insure the IBCA is supportive of the development of business centers in other cities and market centers in Iraq. C.2.3.2 Identify, and effectively bundle for delivery, packages of information and business development services to Iraqi companies across all geographic regions that are transparent in order to be more efficient and to help Iraqi companies take advantage of new procurement, trade, and business development opportunities that are in other regions across Iraq. C.2.3.3 Develop a plan that facilitates business relationships between Iraqi and international firms to stimulate the growth of a vibrant business services sector that will support rapid private enterprise development in Iraq. C.2.4 Speaker Series. The Contractor shall establish the Business Center Speaker Series. This series will achieve two major goals of the business centers; that of providing support for business activities and the exchange of ideas and information as well as providing managers with knowledge of topical subjects that are important on a regional, national, and international basis. Additionally, this imitative should be able to be one what contributes to the self-sustaining goal by attracting a variety of individuals to the business center as well as being a fee-based service. C.2.4.1 Identify those issues and topics of greatest business interest and value to Subject Matter Experts (SMEs) and develop a speaker program for presenting these topics. C.2.4.2 Develop an advertising program to insure that the program is known in the business community. C.2.4.3 Design fee-based benchmarks for the speaker program to move toward as a contributor to the self-sustaining goal of the business centers. C.2.4.4 Share successes and failures with other business centers to insure that the most popular speakers and topics are presented maximizing participation and fee potential. C.2.5 Consulting Services. The Contractor shall develop a support program that provides specific resources to business owners that will be seeking credit from various financial institutions. The particulars of the support should include: reviewing terms of initial credit requests and providing insight to potential structuring, business plan preparation, financial statements preparation including cash flow, and assistance in negotiating with bank officers during the loan acquisition process. The Contractor shall: C.2.5.1 Identify the appropriate individuals that would be able to gain the confidence of SMEs and have the skills to provide the needed support. C.2.5.2 Track successful participants in consulting sessions and encourage others to participate and provide support to others. C.2.5.3 Develop a “share success” stories panel and develop it as on of the ongoing resources to be presented at the business center. C.2.5.4 Transition the free consulting service into a paid service. C.2.6 Start-Up and Implementation. It is expected that the recipient of this contract will begin their program development directly after signing an agreement. The program manager should furnish a proposal that outlines the broad initiatives it will undertake and a time-line regarding the five areas of this RFP (Paragraphs C.2.1 through C.2.5 above) for a period of 15 months from date of contract award. The work plan shall contain a clear set of phases, each of which shall have realistic and achievable results. C.2.7 Reporting Requirements: C.2.7.1 Quarterly progress reports must be submitted which compare progress for the period–to-date to the original work plan submitted. C.2.7.2 Contractors may be subject to an audit during the 15 months period of performance. The form of the audit may include visits to the various business centers and interviews of various employees, business center board members, and/or users. C.2.7.3 A final and complete, cumulative report must be made at the end of the contract term to the US Mission, Iraq, 15 months from the date of contract award. This report should present a comprehensive narrative of all the initiatives that were undertaken and provide conclusions about the development and management and self-sustainability of the business centers as prescribed above. C.2.8 Oversight. The Contractor’s program managers will be accountable to US Mission, Iraq, for achieving tasks and indicative benchmarks set forth in the agreements. All tasks under the agreements are to be carried out subject to the supervision, direction, and any necessary redirection by the Contracting Officer. C.3 CONTRACT MANAGEMENT. The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts, used in the performance of this contract. The Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the contract statement of work. C.4 MEETINGS. The Contractor shall meet with the Contracting Officer and the Government’s Project Technical Manager as needed to maintain satisfactory performance and to resolve any issues pertaining to Government/Contractor procedures. At such meetings, a mutual effort will be made to resolve any and all problems identified. The parties will review progress on work for all ongoing tasks. As appropriate, representatives from interested Ministries may be invited to participate. C.5 PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL RESOURCES. Contractor and its subcontractors shall immediately stop work in any work area where cultural resources or artifacts with archaeological or historical value are discovered. The Contractor/ subcontractors shall immediately notify the SPMO and shall not disturb or take any artifacts, items, or materials from the area of discovery. After receiving approval from the SPMO, the Contractor and its subcontractors shall proceed with any stopped work. Neither Contractor nor any of its subcontractors shall have property rights to such artifacts, items, or materials and must secure and guard such items until turning them over to the SPMO or other party as directly by the SPMO. The Contractor shall also require that its personnel and its subcontractors comply with this provision and respect all historic and archaeological sites in the areas where they are performing work. C.6 HEALTH AND SAFETY. The Contractor is responsible for occupational health and safety requirements for the protection of Contractor and Government personnel, property, and resources. C.7 STANDARDS OF CONDUCT– IMPROPER BUSINESS PRACTICES. “Corruption or any other improper business practices related to this contract will not be tolerated.” Transactions relating to the expenditure of public funds require the highest degree of public trust and an impeccable standard of conduct by the Contractor, subcontractors, and any other agent acting in connection with this contract. Examples of such unacceptable behavior include providing or offering of bribes to any person associated with the contract or any subcontracts, soliciting or accepting kickbacks or bribes, and knowingly making any false or misleading accounting reports or financial statements. The Contractor, subcontractors, and any other agents acting under contracts awarded herein are expected to employ due diligence and have internal controls in place towards practicing good governance in execution of the contract. Any one of these entities found to have engaged in illegal activity, improper behavior, or corrupt practices will be subject to corrective actions in accordance with the terms and conditions incorporated into this contract. SECTION D PACKAGING AND MARKING D.1 Packaging and marking of all deliverables shall be in accordance with the best commercial practice necessary to ensure safe and timely delivery at destination. Preservation, packaging, packing and marking of all deliverable contract line items shall conform to normal commercial packing standards to assure safe delivery at destination. D.2 All data and correspondence submitted to the Contracting Officer and/or Government’s Project Manager shall reference the contract number. A copy of all correspondence sent to the Government’s Project Manager shall be provided to the Contracting Officer. SECTION E INSPECTION AND ACCEPTANCE E.1 PERFORMANCE INSPECTIONS E.1.1 The Contracting Officer or his/her authorized representative will conduct necessary inspections during contractor's daily hours of operation for the purpose of determining satisfactory performance. E.1.2 At the Contracting Officer's discretion, inspections may be conducted jointly with the contractor's supervisor. Initial inspections will result in reports listing any existing unsatisfactory conditions found. A re-inspection(s) may be conducted to ensure that corrective action has been taken. The contractor or his representative will be informed of inspection results. If the contractor desires, he may accompany the party during the reinspection(s). All areas found to be unsatisfactory may be checked during any subsequent inspection or re-inspection for corrective action. E.2 INSPECTION AND ACCEPTANCE. Final inspection and acceptance of all work, performance, reports and other deliverables under this contract shall be performed at the location specified by the COTR. Additional COTRs may also be designated for specific inspection and acceptance responsibilities. E.3 BASIS FOR ACCEPTANCE E.3.1 The basis for acceptance shall be compliance with the requirements set forth in Section C, Statement of Objectives, and Offerors’ proposal incorporated in full text into contract, and other terms and conditions of the contract. Deliverable items rejected under the resulting contract shall be corrected in accordance with the applicable clauses. E.3.2 The Government will require a period not to exceed ten (10) days after receipt of final deliverable items for inspection and acceptance or rejection. E.4 OTHER INSPECTIONS. The Contractor shall be subject to inspections, audits and work interruptions by the Inspector General, United States Army Audit Agency (USAAA), and other Government agencies, such as the United States Army Criminal Investigation Command (CID). Such inspections, audits, and work interruptions will not unreasonably delay the work. E.5 TIMELINESS. Work efforts shall be completed on or before the due date specified in the contract statement of work, or completed in accordance with a later scheduled date determined by the Government. SECTION F DELIVERIES OR PERFORMANCE F.1. CLAUSES INCORPORATED BY REFERENCE 52.242-15 Stop-Work Order AUG 1989, 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 F.2. Place of delivery/performance: Iraq. F.3. Period of Performance: 15 months from date of contract award. F.4 Working Files. The Contractor shall maintain accurate working files on all work documentation including calculations, assumptions, interpretations of regulations, drawing, diagrams, sources of information, and other raw data required in the performance of this contract. The Contractor shall provide the information contained in its working files upon request of the Contracting Officer. SECTION G CONTRACT ADMINISTRATION DATA CLAUSES INCORPORATED BY FULL TEXT G.1 52.222-4001 REMOVAL OF CONTRACTOR PERSONNEL The Government reserves the right to require removal of any Contractor personnel from the job site who endanger persons or property, or whose continued employment is inconsistent with the interest of military security. The Government also reserves the right to require the Contractor to remove from the job site, any employee found to be under the influence of alcohol, drugs or any other incapacitating agent or any employee involved in the theft of Government property. The removal from the job site of such personnel shall not relieve the Contractor of the requirement to provide personnel to perform services. G.1.1 52.232-18 AVAILABILITY OF FUNDS (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting ACCOUNTING AND APPROPRIATIONS DATA AA Subject to availability of funding AMOUNT $TBD G.2 CONTRACT ADMINISTRATIVE DATA. G.2.1 Procuring office: PCO –Contracting Republican Presidential Palace Baghdad, Iraq APO AE 09316 G.2.2 Procuring Office Representatives. G.2.2.1 Contracting Officer: LTC Karen Maskew G.2.2.2 Government’s Project Manager: Ms. June Reed. G.3 CONTRACT MANAGEMENT G.3.1 The Contracting Officer is the only authorized official who shall increase, decrease, or alter the scope of work to be performed, and any orders or instructions interpreted by the Contractor as impacting on the scope or cost of the contract. G.3.2 The Contractor shall at all times be responsible for the conduct of its employees and those of its subcontractors and invitees and agents. G.3.3 The Contractor shall promptly resolve, to the satisfaction of the Contracting Officer, all Contractor employee performance and conduct problems identified to the cognizant Contracting Officer of her/her designated representative. G.4 INVOICES G.4.1 Original invoices for services performed under this contract will be submitted to and payment will be made by: Comptroller, Republican Presidential Palace, Baghdad, Iraq, APO AE 09316. G.4.2 An original and three (3) copies of each invoice shall be forwarded to the Contracting Officer for review and certification. G.4.3. Each invoice must include: G.4.3.1 Name and address of the Contractor. G.4.3.2 Invoice date and number. G.4.3.3 Contract number and contract line item number. G.4.3.4 Description, quantity, unit of measure, unit price, and extended price of the items delivered. G.4.3.5 Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a bill of lading. G.4.3.6 Terms of any discount for prompt payment offered. G.4.3.7 Name, title, and phone number of person to notify in event of defective notice. G.5 52.232-4002 RELEASE OF CLAIMS. The final invoice shall contain the following statement: RELEASE OF CLAIMS Upon acceptance and payment of this final invoice, the Government is hereby released from all claims arising by virtue of this contract, other than claims in the stated amounts indicated below: (Contractor shall list all claims, if any. If none, so state.) G.6 RISK ASSESSMENT and MITIGATION G.6.1 The Contractor will brief its employees regarding the potential danger, tress, physical hardships, and field living conditions in this Theater. G.6.2 The Contractor will require all its employees to acknowledge in writing that they understand the danger, stress, physical hardships, and field living conditions at are possible if the employee deploys in support of military operations in this Theater. G.6.3 The Contractor will ensure that all deployable employees are medically and physically fit to ensure the rigors of deployment in support of a military operation in this Theater. If an employee is unable to perform, the Contractor must replace the employee. G.6.4 If a Contractor employee departs an area of operations with permission, the Contractor will ensure continued performance in accordance with the terms and conditions of this contract. If the Contractor replaces an employee who departs without permission, the replacement shall be at the Contractor’s sole expense, and must be completed within one week, or as directed by the Contracting Officer. G.3.5 As required by the operational situation, the Government may, at its discretion, relocate Contractor personnel (who are citizens of the United States, aliens in resident in the United States, or third country national, not resident in the host nation) to a safe area, r evacuate them from the area of operations. The U.S. Department of State has responsibility for evacuation of non-essential personnel. G.4 FORCE PROTECTION. While performing duties in accordance with the terms and conditions of this contract, the Service Theater Commander will provide force protection to contractor employees commensurate with that given to Service/Agency (e.g., Army, Navy, Air Force, Marine, DoD civilians) personnel in the area of operations, unless otherwise stated in each task order issued hereunder. G.5 CENTRAL PROCESSING and DEPARTURE POINT G.5.1 For any Contractor employee determined by the Government at the deployment processing site to be non-deployable for debilitating health problems or failure to have a security clearance when one is required, the Contractor shall promptly remedy the problem. If the problem cannot be remedied in time for deployment, a replacement employee have equivalent qualifications and skills shall be provided in time for scheduled deployment. G.5.2 The Contractor shall ensure that all deploying employees receive all required mission training and successfully complete the training. G.5.3 The Government, at its discretion, may provide the Contractor employees with Chemical Defensive Equipment (CDE) familiarization training commensurate with the training provided to Department of Defense civilian employees. G.5.4 The Contractor is hereby given the flexibility to deploy its own employees. G.6 STANDARD IDENTIFICATION CARDS G.6.1 The Government Deployment Processing Center will identify to the Contractor all identification cards and tags required for deployment. G.6.2 The Government Deployment Processing Center will issue or inform the Contractor where the identification cards and tags are to be issued. G.6.3 The Government Deployment Processing Center will coordinate the issuance of required identification cards and tags for all Contractor employees not processing through a CONUS Replacement Center. G.6.4 The Contractor shall ensure that all of its deploying employees have the required identification cards and tags prior to deployment. G.6.5 Upon redeployment, the Contractor will ensure that all issued controlled identification card and tags are returned to the Government. G.7 MEDICAL G.7.1 The Contracting Officer will provide the Contractor with all physical and medical requirements and standards necessary for deployment, commensurate with that provided to DoD civilians. G.7.2 The Contractor shall be responsible for providing employees who meet the physical standards and medical requirements for job performance in the designated theater of operations. G.7.3 The government may require medical screening at the CONUS Replacement Center for FDA-approved immunizations, which may include DNA sampling and the series of Anthrax immunizations. G.7.4 For any deployed Contractor employee determined by the Government to be medically unfit, the Contractor shall promptly remedy the problem. If the problem cannot be remedied, a replacement employee having equivalent qualifications and skills shall be provided as determined by the Contracting Officer. G.7.5 The government may, at its discretion, provide to Contractor employees deployed in the Theater of operations, on a cost-reimbursable basis, emergency medical and dental care commensurate with the care provided to Department of Defense civilians deployed in the Theater of operations. This does not include local nationals, under normal circumstances. G.7.6 Deploying civilian Contractor personnel shall carry with them a minimum of a 90-day supply of any medication they require. G.8 CLOTHING and EQUIPMENT ISSUE G.8.1 The Contractor will ensure that its employees do NOT wear military clothing. G.8.2 Contractors accompanying the Force are not authorized to wear military uniforms, except for specific items required for safety and security. If required, the Government, at its discretion, may provide to the Contractor all required military-unique Organizational Clothing and Equipment (OCIE). Types of OCIE may include Nuclear, Biological and Chemical Defensive Equipment. G.8.3 The Contracting Officer shall identify to the Contractor the OCIE issue point and issue items. G.8.4 Upon receipt of OCIE, the Contract shall assume responsibility and accountability for these items. G.8.5 The Contractor or Contractor employee shall sign for all issued OCIE, thus acknowledging receipt and acceptance of responsibility for the proper maintenance and accountability of issued organizational clothing and individual equipment. G.8.6 The Contractor shall ensure that all OCIE are returned to the Government. Upon return of OCIE to the government, the Contractor shall be responsible for requesting, maintaining, and providing to the Contracting officer documentation demonstrating the return of issued OCIE to Government control. G.8.7 The Contracting officer will require the Contractor to reimburse the Government for OCIE lost or damaged due to Contractor negligence. G.9 WEAPONS and TRAINING G.9.1 Whether Contractor personnel will be permitted to carry a Government-furnished weapon for self-defense purposes in the Area of Operations (AO) is at the discretion of the Theater Commander. However, Contractor personnel are expressly prohibited from bringing personally owned firearms in the AO. The government may, at its discretion, issue weapons and ammunition (M-9 pistols) for self-defense to the Contractor employees. Acceptance of weapons by Contractor employees is at the discretion of the Contractor and the Contractor employees. If accepted, the Contractor will maintain a listing of employees possessing a Government firearm, and provide notification to the Contracting officer. When accepted, the Contractor employee is responsible for using the weapon strictly in accordance with the rules for use of force issued by the Theater Commander. The Contractor employee is legally liable for any use that is not in accordance with the rules for use of force. Also when accepted, only military-issued ammunition appropriate for the type of weapon received by the Contractor employee may be used in that weapon. G.9.2 Prior to issuing any weapons to Contractor employees, the Government, at its discretion, may provide the Contractor employees with weapons familiarization training commensurate to training provided to Department of Defense civilian employees. G.9.3 The Contractor shall ensure that its employees adhere to all guidance and orders issued by the Theater Commander or his/her representative regarding possession, use, safely, and accountability of weapons and ammunition. G.9.4 Upon redeployment or notification by the Government, the Contractor shall ensure that all government-issued weapons and ammunition are returned to Government control. G.9.5 Contractor will screen employees, and subcontractors, to ensure that employees are legally eligible to be issued a weapon in accordance with U.S. or applicable host nation laws. Evidence of screening will be presented to the Contracting Officer. G.10 VEHICLE and EQUIPMENT OPERATIONS G.10.1 The Contractor will ensure that deployed employees possess the required civilian licenses to operate the equipment necessary to perform the contract requirements in the Theater of operations, in accordance with the statement of work. G.10.2 Before operating any military-owned or leased equipment, the Contractor employee shall provide proof of license (issued by an appropriate Governmental authority) to the unit or agency issuing the equipment. G.10.3 The Government, at its discretion, may train and license Contractor employees to operate military-owned or leased equipment. G.10.4 All Contractor-owned motor vehicles shall meet required vehicle requirements with the AOR and be maintained in a safe operating condition and good appearance. All Contractor-owned motor vehicles used for transporting Government property shall be properly equipped and designated to ensure protection of the property. All Contractor-owned motor vehicles may, at the Contracting Officer’s discretion, be required to conspicuously display the Contractor’s logo and/or name on both sides of the vehicle. G.11 PASSPORTS, VISAS, and CUSTOMS G.11.1 The Contractor is responsible for obtaining all passports, visas, or other documents necessary to enter and/or exit any area(s) identified by the Contracting Officer for Contractor employees. G.11.2 All Contractor employees shall be subject to the customs, processing procedures, laws, agreements, and duties of he country in which they are deploying to, and the procedures, laws, and duties of the United States upon reentry. G.11.3 The Contractor is required to register all Contractor employees with the appropriate U.S. Embassy or Consulate. G.12 RECEPTION, STAGING, ONWARD MOVEMENT and INTEGRATION G.12.1 Upon arrival in the area of operations, Contractor employees will receive Reception, Staging, Onward Movement, and Integration, as directed by the Contracting officer or his/her designated representative. G.12.2 The Contractor should be prepared to move material and equipment using U.S. government transportation and comply with applicable transportation regulations, such as MILSTAMP, etc., for safety, packaging, tie-down, etc. G.13 LIVING UNDER FIELD CONDITIONS. The Government, at its discretion, may provide to Contractor employees deployed in the Theater of operations the equivalent field living conditions, subsistence, emergency medical and dental care, sanitary facilities, mail delivery, laundry service, and other available support afforded to Government employees and military personnel in the theater of operations, unless otherwise specified in the contract. G.14 MORALE, WELFARE, RECREATION (MWR). The government, at its discretion, may, consistent with the terms and conditions of the contract, provide to Contractor employees (US citizens only) deployed in the theater of operations, MWR services commensurate with that provided to Department of Defense civilians and military personnel deployed in the Theater of operations. G.15 STATUS of FORCES AGREEMENT. The Contractor shall adhere to all relevant provisions of the applicable Status of Forces Agreements (SOFA) for the Theater of operations, and other similarly related agreements. G.16 PAY. In the event the Contractor must pay additional compensation above that contemplated under the contract, to retain or obtain personnel to perform in the Theater of operations during a declared emergency, the Contractor must obtain prior written approval from the Contracting officer before incurring any additional compensation costs. The Contractor shall furnish proper data to the Contracting officer to substantiate any adjustment to the Contract. G.17 HOURS of WORK G.17.1 The Contracting Officer shall provide the Contractor with the anticipated duration of the deployment. G.17.2 The Contractor may rotate Contractor employees into and out of the Theater, provided there is no degradation in contract performance. G.17.3 The Contracting Officer shall provide the Contractor with the anticipated work schedule. G.17.4 The Contractor shall comply with all duty hours and tours of duty identified by the Contracting officer or his/her designated representative. G.17.5 The Contracting Officer, or his/her representative, may modify the work schedule to ensure the Government’s ability to continue to execute its mission. G.18 ON-CALL DUTY or EXTENDED HOURS G.18.1 The Contractor shall be available to work extended hours to perform mission essential tasks as directed by the Contracting Officer. G.18.2 The Contractor shall work “on call” to perform mission essential tasks as directed by the Contracting Officer. G.18.3 The Contracting Officer, or his/her designated representative, will identify the parameters of “on call” duty. G.18.4 If appropriate, the Contracting Officer may negotiate an equitable adjustment to the contract for this task. G.19 HEALTH and LIFE INSURANCE. The Contractor shall ensure that Worker’s Compensation Insurance under the Defense Base Act is provided to its employees in the Theater of operations. G.20 NEXT of KIN NOTIFICATION. Before deployment, the Contractor shall ensure that each Contractor employee completes DD form 93, Record of emergency Data Card, and retains forms in a central location available to the Government. G.21 RETURN PROCEDURES G.21.1 Upon notification to the Contractor of redeployment, the Contracting Officer, at his/her discretion, may authorize the Contractor employee travel from the Theater of operations to the designated CONUS Replacement Center (CRC) or individual redeployment site. G.21.2 The Contractor shall ensure that all government-issued OCIE provide to the Contractor or the Contractor’s employees are returned to Government control upon completion of the deployment. G.21.3 The Contractor shall provide the Contracting officer with documentation, annotated by the receiving Government official, of all clothing and equipment returns. G.22 SPECIAL LEGAL. Public Law 106-523, Military Extraterritorial Jurisdiction Act of 2000: Amended title 18, US Code, to establish Federal jurisdiction over certain criminal offenses committed outside the United States by persons employed by or accompanying the Armed Forces, or by members of the Armed Forces who are released or separated from active duty prior to being identified and prosecuted for the commission of such offenses, and for other purposes applies to Contractor employees deployed OCONUS. G.23 PERIOD OF PERFORMANCE. 15 months from date of contract award. G.24 PLACE OF PERFORMANCE. Iraq. G.25 IDENTIFICATION OF CORRESPONDENCE. All correspondence and data submitted by the Contractor under this contract shall reference the contract number. G.26 TREATMENT OF TRAVEL AND EQUIPMENT COSTS. All travel under this contract shall be in accordance with the Federal Travel Regulations, Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, and Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," as applicable, and shall bear no fee. The Contractor shall see competitive bids for all lots of equipment and or supplies exceeding $2,500.00, and provide said bids to the government as backup documentation to support price reasonability in the award of a Task order hereunder. As an alternative to seeking competitive bids, the Contractor may show that the proposed pricing is at or below the GSA’s Federal Supply Schedule Contract price for the same type of item. G.27 TAXPAYER IDENTIFICATION NUMBER (TIN). The Contractor’s TIN is 920173005. This number shall appear in the space identifying the Contractor in the appropriate blocks of contract forms and billing submittals. G.28 GOVERNMENT-FURNISHED EQUIPMENT/MATERIALS. The contractor, with his own forces, shall transport all Government-furnished equipment/materials provided hereunder. The equipment/materials will be transported from the Government storage area to the work site indicated on the delivery order. The Contractor assumes the risk and responsibility for the loss or damage to Government furnished equipment/materials. The Contractor shall follow the instructions of the Contracting Officer’s Representative regarding the disposition of all Government-furnished equipment/materials not consumed in performance of a delivery order. G.29 PRODUCTIVE DIRECT LABOR HOURS. The Contractor can only charge the Government for “productive direct labor hours.” “Productive direct labor hours” are defined as those hours expended by Contractor personnel in performing work under this contract. This does not include sick leave, vacation, Government or Contractor holidays, jury duty, military leave, or any other kind of administrative leave. G.30 HOURS OF WORK. Contract effort is a 24/7 requirement. G.31 GOVERNMENT HOLIDAYS. The following Government holidays are normally observed by government personnel: New Years Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation. G.32 CONTRACT SECURITY. The work to be performed under the contract may require access to, handling of classified information up to and including SECRET or may require access to Restricted Access areas. The contractor shall obtain facility and personnel clearances that may be required by the Department Industrial Security Program or customer access control coordinator prior to starting work on the contract. G.33 GOVERNMENT-FURNISHED EQUIPMENT (GFE). Government-furnished Equipment will be provided only on as as-needed basis under this contract. G.34 GOVERNMENT-FURNISHED INFORMATION (GFI). The Contractor shall be furnished task working papers, project descriptions, program briefing material, other pertinent information, and other documentation or material required to carry out the tasks described. G.35 ADDITIONAL ITEMS OF WORK. Items of work not covered by this contract but within its scope and general intent may be negotiated by the Contracting Officer and added to the contract by modification any time during the contract period. The Contractor’s proposed price for additional items required shall be broken out by labor, material, and equipment costs. G.36 GOVERNMENT REGULATIONS and APPLICABLE DOCUMENTS. The Contractor is responsible for the acquisition of all currently updated regulations or other applicable documents necessary for the satisfactory performance of the contract requirements herein. The government is not responsible for the comprehensive listing of all applicable or necessary references for this contract effort. Initial documents and sources for initiating this effort are: G.41.1 Army Regulation (AR) 385-10, Army Safety Program G.41.2 AR 570-9, Host Nation Support G.41.3 AR 715-9, Contractors Accompanying the Force G.41.4 Army Field Manual (FM) 100-21, Contractors on the Battlefield G.41.5 Department of the Army (DA) Pamphlet 690-80, Use and Administration of Local Civilians in the Foreign Areas During Hostilities G.41.6 29 Code of Federal Regulations (CFR), Part 1910, Occupational Safety and Health Standards G.37 GOVERNMENT DIRECTIVES AND APPLICABLE DOCUMENTS. The Contractor is obligated to follow and adhere to the governing directives and applicable documents listed in the contract and the statement of work. Future supplements or amendments to those documents shall be considered to be in full force and effect upon receipt by the Contractor, except when such document is deemed to cause an increase or decrease in the cost of contract performance. In such event, the Contractor shall inform the Contracting Officer in writing prior to implementation of such supplement or change. If applicable, a negotiated change in contract price shall be made to the mutual satisfaction of both the Contractor and the Government prior to implementation of the change. Initial documents and sources for initiating this effort are: G.38.1 DoD Directive 2000.12, DoD Antiterrorism/Force Protection (AT/FP) Program G.38.2 DoD Directive 2000.16, DoD Antiterrorism Standards SECTION H SPECIAL CONTRACT REQUIREMENTS This general guidance addresses the deployment of Contractor personnel into a theater of operations in support of a contingency or exercise. The general guidance provided by this provision is not all-inclusive, nor are all items required for all situations. Each contingency will evolve differently, depending upon the Theater Commander’s guidance impacting on the deployment. The Contracting Officer may tailor these provisions as appropriate for individual task orders. H.1 COMPLIANCE WITH UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID) DISABILITY POLICY MEMORANDUM. The Contractor shall follow the guidance provided in the Unites States Agency for International Development (USAID) Policy Paper, dated September 12, 1997. The objectives of the USAID policy (a) to enhance the attainment of United States foreign assistance program goals by promoting the participation and equalization of opportunities of individual with disabilities in USAID policy, country and sector strategies, activity designs and implementation; (b) to increase awareness of issues of people with disabilities both within USAID programs and in host countries; (c) to engage other U.S. government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities; and (d) to support international advocacy for people with disabilities. Full text of the policy paper can be found at the following website: HYPERLINK "http://www.usaid.gov/about/diability/DISABPOL.FIN.html" http://www.usaid.gov/about/diability/DISABPOL.FIN.html H.2 TRANSITION OF KNOWLEDGE, SKILLS AND ABILITIES. A swift transition of the reconstruction effort to Iraqi management and control is one of the principal objectives of this contract. It is important that the reconstruction of Iraq have, to the maximum extent possible, and “Iraqi face.” To that end, special considerations should be given to the involvement of local Iraqi firms and Iraqis (e.g., managers, engineers, and laborers) in significant roles in order to facilitate future transfer of knowledge, skills, and abilities. Therefore, the Contractor shall take all deliberate steps necessary to ensure: H.2.1 Maximum transfer of program management skills, tool, and methods to Iraqis; H.2.2 A swift and orderly transition of responsibility for day-to-day management of this contract from the CPA to the appropriate, designated authority (e.g., selected Iraqi governing body); H.2.3 Maximum business opportunities for Iraqi firms; H.2.4 Maximum employment opportunity for Iraqi citizens at all levels, from Program management positions to unskilled labor; H.2.5 Within 90 days of contract award, the Contractor will submit a formal workforce development plan applicable to tasks requiring continued operations and maintenance. The plan should include proposed strategies for technical training and workforce development essential to supporting a successful transition. H.3 GOVERNMENT INDEMNIFICATION UNDER PUBLIC LAW 85-804. If the Contractor anticipates that it will request indemnification, the Contractor may not condition its offer on the assumption tat the government will grant indemnification. The Contractor will have the opportunity to submit requests for indemnification in accordance with Public Law 85-804 and FR 50.403. H.4 DISPOSITION AND/OR DONATION OF CONTRACTOR-ACQUIRED PROPERTY. It is the intention of the Government of the United States to ensure that property, including plant equipment, special test equipment, and special tooling purchased under this contract for purposes of rebuilding and repairing Iraqi infrastructure be transferred to appropriate Iraqi authorities in order to ensure that sufficient resources remain to provide continued maintenance and upkeep of infrastructure during the post construction period. The Contracting officer, when disposing of such property, will comply with all provisions of FAR Part 45 and all applicable host nation laws. H.5 ALTERNATE DISPUTES RESOLUTION H.5.1 The parties to this contract agree that swift, inexpensive, and amicable resolution of disagreements is in our mutual interest. The parties further agree that Alternate Disputes Resolution (ADR) can contribute significantly to the shared goal of resolving agreements swiftly and efficiently. Therefore, the parties agree to non-binding use of ADR in an effort to seek final disposition of agreements within the time periods set forth below. These time periods are guidelines only and may be altered to fit particular controversies. Suggested Resolution Period Amount of Controversy After Receipt of Written Notice $250,000 or less Not to exceed 60 days $250,001 - $1M Not to exceed 90 days Over $1M Not to exceed 180 days H.5.2 The parties agree that any of the following ADR methods may be used at any time during contract performance: mediation, early neutral evaluation, mini-trial, Executive Dispute Resolution Committee consisting of principals of the Contractor and the PMO, Dispute Resolution Board made up of impartial third parties (each party shall select one member and their third shall be selected by the two designated members), and any other non-binding procedure. The parties further agree that the use of ADR is entirely voluntary, and nothing in this provision shall affect the rights of either party under the clause entitled “Disputes” (FAR 52.233-1). H.6 CONTRACTOR ACCOMPANYING THE FORCE H.6.1 General H.6.1.1 Performance of this contract may require deployment of Contractor personnel in support of military operations. The Contractor acknowledges that such operations are inherently dangerous and accepts the risks associated with contract performance in this environment. H.6.1.2 For purposes of this clause, the term “Contractor Personnel” refers to the Contractor’s officers and employees. Unless otherwise specified (e.g., subparagraph H.8.2 of this clause), this term does not include personnel who permanently reside in the country where contract performance will take place. H.6.1.3 The Contractor shall ensure that Contractor personnel working in the area of operations (AO), as defined in the Joint Publication 1-02, “DOD Dictionary of Military and Associated Terms,” are familiar and comply with applicable (i) military service and Department of Defense regulations,, directives, instructions, general orders, policies, and procedures, in particular Army Regulation (AR) 715-9 and Field Manual (FM) 3-100-21; (ii) U.S., host country, local, and international laws and regulations, and (iii) treaties and international agreements (e.g., Status of Forces Agreements, Host National Support Agreements, and Defense Technical Agreements) relating to safety, health, force protections, and operations under this contract. H.6.1.4 The Contractor shall ensure that this clause is included in all subcontracts. H.6.2 Compliance with Combatant Command Order. The Contractor shall ensure that Contractor personnel, regardless of residency status, working in the AO comply with all orders, directives, and instructions of the combatant command relating to non-interference in military operations, force protection, health, and safety. The Combatant Commander or his subordinate commanders, in conjunction with the Contracting officer or the Contracting officer’s Representative, may direct the Contractor, at the Contractor’s own expense, to replace and, where applicable, repatriate any Contractor personnel who fail to comply with this provision. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause. H.6.3 Contractor Personnel Administration H.6.3.1 In order to maintain accountability of all deployed personnel in the AO, the Contractor will be required to process through a central receiving area designated by the Contracting Officer of his/her designated representative to provide, and keep current, requested data on Contractor personnel for entry into military personnel database systems. H.6.3.2 The Contractor shall coordinate with PMO Manager or his designated representative (i) upon initial entry into the AO; (ii) upon initiation of contract performance; (iii) upon relocation of contract operations within the AO; and (iv) upon existing the AO. H.6.3.3 Before deployment, the Contractor shall ensure that: (i) All Contractor personnel complete two identical copies of DD form 93, Record of Emergency Data Card. One copy of the completed form shall be returned to the Government official specified by the Contracting Officer’s designated representative; the other copy shall be hand-carried by the individual employee to the AO; (ii) All required security and background checks are completed; and (iii) All medical/dental screening and requirements are met. H.6.3.4 The Contractor shall ensure that Contractor’s US personnel have completed all pre-deployment requirements specified by the Contracting Officer’s designated representative (including processing through the designated CONUS Replacement Center, if applicable). The Contractor shall notify the Contracting Officer’s designated representative that these actions have been completed. H.6.3.5 The Contractor shall plan for timely replacement of employees who are no longer available for deployment for any reason, including mobilization as members of the U.S. military Reserve components, injury, or death. H.6.4 Clothing and Equipment Issue. To help distinguish them from combatants, Contractor personnel shall not wear military clothing unless specifically authorized by a written Department of Defense waiver. Contractor personnel may wear specific items of clothing and equipment required for safety and security, such as ballistic or NBC protective clothing. H.6.5 Vehicle and Equipment Operations. The Contractor shall ensure that Contractor personnel possess the required licensed to operate all vehicles or equipment necessary to perform the contract in the AO. Contractor owned or leased motor vehicles or equipment shall meet all requirements established by the combatant command, and shall be maintained in a safe operating condition. H.6.6 Passports, Visas and Customs. The Contractor is responsible for obtaining all passports, visas, and other documents necessary for Contractor personnel to enter and exit the AO H.7 INTERPRETERS. The Contractor is required to provide a sufficient number of interpreters to perform the contract requirements. H.8 CONTRACTOR LIAISON WITH HOST GOVERNMENT. All communications by the Contractor with all officials, Representatives, and/or offices of the Host Government in all matters pertaining to this contract, shall be through and in full liaison with the Contracting Officer. This does not relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business, such as visas, permits, and custom clearances. H.9 SALARIES. Salaries paid to Iraqi National workers will comply with applicable policy guidance issued by the Commander, U.S. Central Command (CENTCOM) and/or the Coalition Provisional Authority (CPA). Salary guidelines were published in CPA Order 30, dated 9 September 2003. The order is posted on: HYPERLINK "http://www.cpa-iraq.org/regulations/20030909_CAOD30.pdf" http://www.cpa-iraq.org/regulations/20030909_CAOD30.pdf H.10 CONTINUATION OF ESSENTIAL SERVICES. Contractors providing services designated by a DOD component are expected to use all means at their disposal to continue to provide such services, in accordance with the terms and conditions of the contract during periods of crisis, until appropriately released or evacuated by military authority. H.11 UTILIZATION OF U.S. SMALL BUSINESS CONCERNS, COALITION PARTNER COMPANIES, AND FORCE-CONTRIBUTING NATION COMPANIES. There are multiple objectives for subcontracting emphasis, which shall be performed in accordance with the terms of this contract. US small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contract(s) resulting from this solicitation. The Contractor shall establish procedures to ensure the timely payments of amounts due pursuant to the terms of its subcontract(s) with U.S. small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns. H.11.1 The Contractor shall cooperate in any studies or surveys as may be conducted as may be necessary to determine the extent of the Contractor’s compliance with this clause, by any entity designated by the Contracting Officer. H.11.2 Subcontracting. The Contractor shall provide maximum practicable opportunities to participate as subcontractors in contracts awarded under this contract for U.S. small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns, consistent with efficient contract performance. The Contractor shall develop an submit a subcontracting plan in accordance with solicitation requirements. The Contractor shall ensure a minimum of 10 percent of total contract value (this is not a percentage of planned subcontracting dollars, but rather a percentage of the total dollar value of the contract), in aggregate, for the use of US small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns as prime contractors and/or first-tier subcontractors. The Contractor shall include all first-tier subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. The desired objective is at least 23 percent of the total dollar value of the acquisition to be performed by US small businesses as prime contractors and/or first tier subcontractors. The Contractor shall promote post-conflict stability in Iraq by providing technical assistance and economic development opportunities to Iraqi entities. As a part of its subcontract plan submission, the Contractor shall consider and use Coalition Partner and Force Contributing Nation entities, including Iraqi entities, in the performance of the contract as subcontractors at any tier. It is also the intent of this contract to facilitate increasing Iraqi women’s access to and/or ownership of productive assets, and the Contractor’s subcontracting effort shall include efforts to subcontract with Iraqi women/women-owned entities. The Contractor shall maintain records concerning procedures that have been adopted to comply with the requirements and goals of this provision, including establishing source lists, and a description of the Contractor’s efforts to locate U.S. small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns, and award subcontracts to such entities. H.11.3 The Contractor shall submit to the Contracting officer the following reports: Standard Form (SF) 294, Subcontracting Report for Individual contracts, at contract completion. The report shall provide the information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns, and shall ensure that all US subcontractors agree to submit SF 294. A separate report, in the format similar to SF 294, that addresses Coalition Partners and Force Contributing Nations, including Iraqi entities, shall be submitted at contract completion. At the request of the Contracting Officer, the Contractor shall provide a cumulative report of its performance with respect to this plan. H.11.4 The failure of the Contractor or subcontractor to comply in good faith with its subcontracting plan required by this contract shall be a material breach of the contract. SECTION I CONTRACT CLAUSES 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): HYPERLINK "http://www.arnet.gov/far/loadmainre.html" http://www.arnet.gov/far/loadmainre.html CLAUSES INCORPORATED BY REFERENCE: 52.202-1 Definitions May 2001 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUL 1995 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal Transactions JUN 1997 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment JUL 1995 52.211-15 Defense Priority And Allocation Requirements SEP 1990 52.215-2 Audit and Records--Negotiation JUN 1999 52.215-8 Order of Precedence-Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications OCT 1997 52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data— Modifications OCT 1997 52.219-14 Limitations on Subcontracting (Dec 1996) 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor AUG 1996 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation SEP 2000 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-9 Apprentices and Trainees FEB 1988 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) FEB 1988 52.222-12 Contract Termination-Debarment FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity FEB 1999 52.222-35 Affirmative Action For Disabled Veterans And Veterans of the Vietnam Era APR 1998 52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Disabled Veterans And Veterans Of The Vietnam Era JAN 1999 52.223-5 Pollution Prevention and Right-to-Know Information APR 1998 52.223-6 Drug Free Workplace MAY 2001 52.223-14 Toxic Chemical Release Reporting OCT 2000 52.225-5 Trade Agreements APR 2000 52.225-13 Restrictions on Certain Foreign Purchases JAN 2004 52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises JUN 2000 52.227-1 Authorization and Consent JUL 1995 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement AUG 1996 52.227-4 Patent Indemnity-Construction Contracts APR 1984 52.228-2 Additional Bond Security OCT 1997 52.228.3 Workers' Compensation Insurance (Defense Base Act) (Apr 1984) 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995 52.229-3 Federal, State And Local Taxes JAN 1991 52.229-5 Taxes--Contracts Performed In U S Possessions Or Puerto Rico APR 1984 52.229-6 Taxes –Foreign Fixed Price Contracts (JAN 1991) 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (Dec 2002) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-17 Interest JUN 1996 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment (Oct 2003) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration MAY 1999 52.233-1 Disputes DEC 1998 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.239-1 Privacy or Security Safeguards (AUG 1996) 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop Work Order APR1984 (Alternate 1, AUG 1989) 52.243-3 Changes-Time-and-Materials or Labor-Hours SEP 2000 52.244-2 Subcontracts AUG 1998 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items and Commercial Components MAY 2001 52.245-2 Government Property (Fixed Price Contracts) DEC 1989 52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.246-6 Inspection-Time-and-Material and Labor-Hour (May 2001) 52.246-15 Certificate of Conformance (Apr 1984) 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-Price) SEP 1996 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer’s Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies MAR 1999 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Required Central Contractor Registration MAR 2000 252.205-7000 Provisions Of Information To Cooperative Agreement Holders DEC 1991 252.209-7000 Acquisition From Subcontractors Subject To On-Site Inspection Under The Intermediate Range Nuclear Forces (INF) Treaty NOV 1995 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by the Government of a Terrorist Country MAR 1998 252.215-7000 Pricing Adjustments DEC 1991 252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials APR 1993 252.225-7012 Preference For Certain Domestic Commodities AUG 2000 252.225-7026 Reporting Of Contract Performance Outside The United States JUN 2000 252.225-7031 Secondary Arab Boycott Of Israel JUN 1992 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States JUN 1998 252.227-7022 Government Rights (Unlimited) MAR 1979 252.223-7008 Assignment of Claims (Overseas) JUN 1997 252.228-7003 Capture and Detention DEC 1991 252.233-7001 Choice of Law (Overseas) JUN 1997 252.234-7001 Earned Value Management System MAR 1998 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, Maps, and Specifications AUG 2000 252.242-7001 Pricing of Contract Modifications DEC 1991 252.242-7005 Cost/Schedule Status Report MAR 1998 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) MAR 2000 252.245.7001 Reports of government Property MAY 1994 252.246-7000 Material Inspection And Receiving Report MAR 2003 252.247-7023 Transportation of Supplies by Sea MAR 2000 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 CLAUSES INCORPORATED BY FULL TEXT: 52.216-4 Economic Price Adjustment-Labor and Material (Jan 1997). (a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal. (b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date. (c) Any price adjustment under this clause is subject to the following limitations: (1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for- (i) Supplies or services for which the production cost is not affected by such changes; (ii) Changes in rates or unit prices other than those shown in the Schedule; or (iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item. (2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor's failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence, within the meaning of the Default clause. (3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all contract line items, either party requests an adjustment under paragraph (b) of this clause. (4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause. (d) The Contracting Officer may examine the Contractor's books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier. 52.216-4 Economic Price Adjustment-Labor and Material (Jan 1997). (a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal. (b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date. (c) Any price adjustment under this clause is subject to the following limitations: (1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for- (i) Supplies or services for which the production cost is not affected by such changes; (ii) Changes in rates or unit prices other than those shown in the Schedule; or (iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item. (2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor's failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence, within the meaning of the Default clause. (3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all contract line items, either party requests an adjustment under paragraph (b) of this clause. (4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause. (d) The Contracting Officer may examine the Contractor's books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier. 52.216-18 Ordering. (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through contract expiration. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 52.216-19 Order Limitations. (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $30,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $10,000,000.00; (2) Any order for a combination of items in excess of $21,000,000.00; or (3) A series of orders from the same ordering office within 3 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-22 Indefinite Quantity. (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 June 2005. 52.217-8 Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar. 52.217-9 Option to Extend the Term of the Contract. (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. 52.232-11 Extras (Apr 1984) Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefore have been authorized in writing by the Contracting Officer. 52.246-23 Limitation of Liability. (Feb 1997) (a) Except as provided in paragraphs (b) and (c) of this clause, and except for remedies expressly provided elsewhere in this contract, the Contractor shall not be liable for loss of or damage to property of the Government (excluding the supplies delivered under this contract) that- (1) Occurs after Government acceptance of the supplies delivered under this contract; and (2) Results from any defects or deficiencies in the supplies. (b) The limitation of liability under paragraph (a) of this clause shall not apply when a defect or deficiency in, or the Government's acceptance of, the supplies results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term "Contractor's managerial personnel," as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of- (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being performed; or (3) A separate and complete major industrial operation connected with the performance of this contract. (c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through purchase or use of the supplies required to be delivered under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects or deficiencies in, the supplies delivered under this contract. 52.246-24 Limitation of Liability-High-Value Items. (Feb 1997) - Alternate I (Apr 1984) (This clause shall apply only to those items identified in this contract as being subject to this clause.) (a) Except as provided in paragraphs (b) through (e) of this clause, and notwithstanding any other provision of this contract, the Contractor shall not be liable for loss of or damage to property of the Government (including the supplies delivered under this contract) that- (1) Occurs after Government acceptance of the supplies delivered under this contract; and (2) Results from any defects or deficiencies in the supplies. (b) The limitation of liability under paragraph (a) of this clause shall not apply when a defect or deficiency in, or the Government's acceptance of, the supplies results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term "Contractor's managerial personnel," as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of- (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being performed; or (3) A separate and complete major industrial operation connected with the performance of this contract. (c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through purchase or use of the supplies required to be delivered under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects or deficiencies in, the supplies delivered under this contract. (d)(1) This clause does not diminish the Contractor's obligations, to the extent that they arise otherwise under this contract, relating to correction, repair, replacement, or other relief for any defect or deficiency in supplies delivered under this contract. (2) Unless this is a cost-reimbursement contract, if loss or damage occurs and correction, repair, or replacement is not feasible or desired by the Government, the Contractor shall, as determined by the Contracting Officer- (i) Pay the Government the amount it would have cost the Contractor to make correction, repair, or replacement before the loss or damage occurred; (ii) Provide other equitable relief. (e) This clause shall not limit or otherwise affect the Government's rights under clauses, if included in this contract, that cover- (1) Warranty of technical data; (2) Ground and flight risks or aircraft flight risks; or (3) Government property. 52.246-25 Limitation of Liability-Services. (Feb 1997) (a) Except as provided in paragraphs (b) and (c) of this clause, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the Government that- (1) Occurs after Government acceptance of services performed under this contract; and (2) Results from any defects or deficiencies in the services performed or materials furnished. (b) The limitation of liability under paragraph (a) of this clause shall not apply when a defect or deficiency in, or the Government's acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term "Contractor's managerial personnel," as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of- (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being performed; or (3) A separate and complete major industrial operation connected with the performance of this contract. (c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor's performance of services or furnishing of materials under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract. 52.216-4059 Authorization To Issue Orders As identified in clause 52.216-0018 contained in Part II, Section I, orders placed hereunder shall be by issuance of a funded delivery order, DD Form 1155, by the CPA – CONTRACTING ACTIVITY End of Clause 52.0222-4020 Wage Determination Not applicable for work in Iraq. End of Clause 52.0236-4000 EVALUATION OF CONTRACTOR PERFORMANCE As a minimum, the contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during the contract performance when determined to be in the best interest of the Government. The format for the evaluation will be DD 2626, and the contractor will be rated either outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The contractor will be advised of any unsatisfactory rating either in an individual element or in the overall rating prior to completing the evaluation, and all contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD Contracting Offices for their future use in determining contractor responsibility. End of Clause 252.216-7003 Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. (JUN 1997) (a) The Contractor represents that the prices set forth in this contract- (1) Are based on the wage rate(s) or material price(s) established and controlled by the Government of Iraq, and (2) Do not include contingency allowances to pay for possible increases in wage rates or material prices. (b) If wage rates or material prices are revised by the government named in paragraph (a) of this clause, the Contracting Officer shall make an equitable adjustment in the contract price and shall modify the contract to the extent that the Contractor's actual costs of performing this contract are increased or decreased, as a direct result of the revision, subject to the following: (1) For increases in established wage rates or material prices, the increase in contract unit price(s) shall be effective on the same date that the government named in paragraph (a) of this clause increased the applicable wage rate(s) or material price(s), but only if the Contracting Officer receives the Contractor's written request for contract adjustment within 10 days of the change. If the Contractor's request is received later, the effective date shall be the date that the Contracting Officer received the Contractor's request. (2) For decreases in established wage rates or material prices, the decrease in contract unit price(s) shall be effective on the same date that the government named in paragraph (a) of this clause decreased the applicable wage rate(s) or material price(s). The decrease in contract unit price(s) shall apply to all items delivered on and after the effective date of the government's rate or price decrease. (c) No modification changing the contract unit price(s) shall be executed until the Contracting Officer has verified the applicable change in the rates or prices set by the government named in paragraph (a) of this clause. The Contractor shall make available its books and records that support a requested change in contract price. (d) Failure to agree to any adjustment shall be a dispute under the Disputes clause of this contract. SECTION J LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS Attachment 1 - Sample Business Plan The Iraqi Business Centers (IBC) Alliance Sample Business Plan Contents: Executive Summary Purposes of the organization Mission Objectives Organizational Summary Organizational options Organizational structure Location and facilities Start-up plan Services Description Principal products and services Market Analysis Summary Market Segmentation Demand for services Competitive Comparison Strategy and Implementation Summary Competitive Edge Marketing Strategy Positioning Statement Products and Pricing Strategy Promotion Strategy Partnering Strategy Management Plan Business Structure IBCA Management and Staff Structure Business Center Staffing Board Structure Consultant Team Financial Plan Important assumptions Sources of revenue Expenses Profit and loss projections Break-even analysis Executive Summary Introduction The Iraqi Business Centers Alliance (IBCA) will support the development of a network of financially sustainable business centers in the greater Baghdad area and other market centers in Iraq. The role of the IBCA will be to develop various types of service packages that can be delivered through the business centers network, as well as through online channels, to help Iraqi firms access new business opportunities, particularly procurement and sub-contracting opportunities that are being generated through the Iraqi reconstruction program. Organization This business plan establishing a new non-profit organization to manage the BBC Network and help it to become financially sustainable. Services The organization that assumes responsibility for the ongoing development of the BBC Network will be required to provide general administrative and management services as well as managing the business centers development program and the delivery of services to business clients. The principal types of client services that will be developed by the IBCA and offered through the BBC Network will include: Procurement assistance Business development support International business linkages General business services The Market The Iraqi reconstruction program is generating new demands by both Iraqi and international firms for reliable business services. At the present time, there are over 10,000 Iraqi firms engaged in construction related fields. Most of these firms have little experience in dealing with foreign contractors and have almost no experience with the particular procedures and contracting regulations required by international donors. In addition, there are large numbers of international companies that are seeking to become involved in business activities in Iraq. The demand is particularly strong for services in the area of procurement assistance – i.e. help in securing construction and supply contracts. Firms also require assistance in securing financing for new projects, locating reliable business partners, and registering new business operations. These IBCA is well-positioned to play a lead role in delivering these types of business services to Iraqi and international clients Strategy The IBCA and its network of affiliated business centers will intends to play a lead role in providing procurement information and support to Iraqi companies. It will do this by developing partnerships with key organizations involved in the Iraqi reconstruction program, supporting their outreach efforts, and delivering highly effective services to its Iraqi clients. The IBCA will also position itself to deliver services to international companies seeking to establish new business operations in Iraq. The keys to success in this area will include being able to provide reliable business intelligence to help international companies identify business opportunities, locate reliable local partners, identify local service providers, and deal with local business regulations and procedures. In developing its service capabilities, the IBCA will benefit from technical assistance provided by international and local consultants. Donor funded programs will provide the initial funds the technical assistance and business development support that the IBCA will require to help develop the market for business services in Iraq and deliver services to local businesses. As the business services market strengthens, the IBCA will begin to shift from donor support to fee-for-service arrangements to support the ongoing delivery of services to clients. IBCA will introduce subscription plans for its procurement assistance services during the 4th quarter of 2004. As the demand for other services increases, the IBCA will introduce appropriate fee structures to help maintain the delivery of such services to clients on a financially sustainable basis. The IBCA will develop affiliate packages that will provide financial incentives for participants in its business centers network to resell IBCA sponsored services and deliver them to clients. In addition, the IBCA will provide promotional support for various types of services through multiple channels, including online ads, email, newspaper ads, flyers, and other forms of media. Financial Considerations The goal of the IBCA is to become financially sustainable within a three-year period. This will require building capabilities to identify client needs and formulating high quality service packages that respond to these needs. The practical market test will be the willingness of clients to pay for IBCA services. We expect to increase revenues from various types of client services to grow to approximately $1.1 million by the end of 2007. This should be sufficient to cover both the costs of IBCA operations as well as direct costs associated with various IBCA programs. Achieving this level of annual revenues will permit the IBCA to operate on a financially sustainable basis without additional infusions of donor support for its core operations and services. 1.0 Purposes of the organization 1.1 Mission: The principal mission of the Iraqi Business Centers Alliance (IBCA) is to support the development and operations of a network of financially sustainable business centers and services in the greater Baghdad area and other market centers as a means of providing procurement assistance and business development services to Iraqi companies. In pursuing this mission, the IBC Alliance will fill an important role in facilitating the growth of the private sector in Iraq and will make an important contribution to the country’s reconstruction program. 1.2 Objectives: Enable the Baghdad Business Center and its satellite business centers to develop into a financially sustainable private business center network. Support the development of business centers in other cities and market centers in Iraq. Deliver effective packages of information and business development services to Iraqi companies to help them take advantage of new procurement, trade, and business development opportunities. Facilitate business relationships between Iraqi and international firms. Stimulate the growth of a vibrant business services sector that will support rapid private enterprise development in Iraq. Organizational Summary Organizational options The favored organizational structure to support the ongoing operations of the Baghdad Business Center and its extended network of satellite and affiliated business centers is establishment of a new non-profit organization to manage and support the BBC and it affiliated business centers. . This option would involve registering a new entity, either a foundation, an association, or some other form of non-profit organization under the new NGO law of 2004 . Pursuing this option would involve not only registering a new legal entity but also undertaking responsibility for all of the start-up and organizational development tasks required to get a new non-profit entity up and running. Organizational Structure The organizational structure for the IBC Alliance will be an independent legal entity, which we shall hereafter refer to as the Iraqi Business Centers Alliance (IBCA), established to operate and support a network of business centers that would provide procurement and business development support to Iraqi companies. This entity could be a foundation, a membership association, or some other variety of non-profit organization. The IBCA would operate a network of business centers in the greater Baghdad area. This would include the existing Baghdad Business Center located in the Baghdad Convention Center and satellite offices selected locations throughout the greater Baghdad area. (We will refer to this set of business centers as the Baghdad Business Centers Network.) In addition to managing the Baghdad Business Centers Network, the IBCA would develop partnerships or affiliate relationships with business centers in other parts of Iraq. The Baghdad Business Centers Network, and the affiliated business centers in other locations would constitute the core of a national network – the Iraqi Business Centers Alliance. The IBCA organization would provide the management and financial resources required to develop and support the growth of this national network of business centers and services. Establishing this organization would require establishing a fully functioning organization, with a full range of administrative functions, including fund raising and business development units, and member services. These organizational requirements would be in addition to the management and staffing requirements for managing the business centers network and delivering services to clients. Setting up a new non-profit organization to sponsor and support the business centers development program offers several distinct advantages and disadvantages. On the plus side of the equation, setting up a new organization dedicated to helping the Baghdad Business Center Network and its affiliated business centers achieve financial sustainability would ensure that the focus remained on a set of core objectives and was not put on a back burner in favor of more pressing program or service priorities. On the negative side, pursuing this option will require that a new organizational structure be registered, required management systems be established, and program management and support functions be put in place. As a cautionary note, we should be aware of the fact that setting up new organizational structures and supporting their ongoing organizational development in most developing or transitional countries – even those with more stable conditions than those found in Iraq has proven to be long-term task. Such efforts commonly experience a high attrition rate due to failings in leadership, internal efforts to subvert organizational objectives to individual interests, and inabilities to sustain organizational development efforts over a sufficient time frame to achieve desired results. However, since the operations of this new organizational entity will be focused on a narrow set of objectives and services --the development and support of the Baghdad Business Center and its network of affiliated centers, the organizational tasks should be manageable –especially when we consider that the operations of the Baghdad Business Center Network are already well along in their development and implementation. Moreover, establishing a new non-profit organization to support the development of the Iraqi Business Center Alliance does not preclude collaboration with other organizations such as AMCHAM Iraq or the Baghdad Chamber of Commerce or a formal merger with another organization at some future date. . Location and facilities During the first phase of its operations, the Iraqi Business Centers Alliance and its main service facility – the Baghdad Business Center (BBC) – will operate out of its current location in the Baghdad Convention Center. The IBC currently occupies approximately 600 square feet of office space on the first floor of the Baghdad Convention Center, located across the street from the Al Rasheed Hotel in Baghdad. This space is located in the far rear corner on the right side of the main floor, adjacent to the Iraqi Assistance Center. In addition to the main customer service location, staff members from the BBC share office space with a Ministry of Trade facility in a 1000 square foot glass-enclosed office space on the left hand side of the main floor of the convention center. The MOT is currently exploring options to relocate the Iraqi Business Center to a new location that is more accessible to businesses. If the current space occupied by the MOT becomes available, the IBC Alliance will negotiate with the Convention Center management office to lease this space to serve as its front-office facility and provide a location for initial contacts and meetings with clients. Satellite offices of the BBC in the greater Baghdad area at the present time are located in nine Government Information Centers. Formal agreements will be negotiated with the GICs during the start-up phase regarding the continued use of GIC facilities by the satellite offices of the IBC. Each of the BBC facilities, as well as the IBC Alliance office, will require a basic package of communications infrastructure, equipment, furnishings, and suppliers. This will include: High speed Internet connectivity Telephones and communication equipment—hard wired telephone lines or cell phones. Other equipment (printers, scanner, copy machine, binding equipment, fans, air conditioners, paper cutter, etc.) Office furnishings (desks, chairs, file cabinets) Office supplies (paper, print cartridges, pens, pencils, scissors, etc.) Start-up plan Completing the initial phase of program development and planning During the remainder of the BearingPoint contract (until 6/30/04), the BearingPoint team will continue to work with the BBC to develop systematic operating procedures and develop an initial overall management structure that will provide the basis for establishing a formal, registered entity. This will involve: Putting in place a shadow staffing structure, training local staff and managers, Implementing a basic accounting and financial management system, Establishing an advisory council to provide feedback on the business plan, implementation strategy, and procedures for establishing IBCA as a viable operating entity. Researching and preparing the legal and operational framework that would be used to establish the IBCA as an legal entity, registered in Iraq under CPA Order no. 45 or its successor NGO law Transferring interim management responsibilities to the a consultant team. Once a contract is in place with an organization, BearingPoint will begin transferring technical and management support responsibilities and functions for the IBC Alliance to this interim management organization. The group that is selected will be responsible for providing interim management and financial support for the BBC from the period from July 1 through September 30, 2004, including funding for staff, facilities, and consultant services. Determining the legal and management structure for the IBCA. During the interim period, the advisory group will present to USAID their final recommendations regarding the preferred organizational structure for the IBCA. Establishing the IBC Alliance as a separate legal entity or as a major program sponsored by an existing non-governmental organization. By September 30, 2004 we expect that initial grant funding will be available to support the start-up operations of the IBC Alliance. Once funding is available, the consultant team will be responsible for completing the following actions. Negotiating space for the initial office facilities of the IBC Alliance. Selecting a board of directors for the IBCA Registering the IBCA as a new non-profit organization or establishing it as a major program under an existing organization Launching the IBC Alliance as a new operating entity or program. 3.0 Principal Functions and Services: The organization that implements the IBC Alliance program – whether a new legal entity or a division of an existing entity -- will need to provide a full range of services to support the development and ongoing operations of the business centers program. These services will be of two main types:(1) administrative and management support functions and (2) program and client services. Administrative and management support functions The principal types of organizational support functions will include the following: 3.11 Administrative Support Overall management direction Financial management and accounting Personnel/HR) 3.12 Business Development Support Fund raising, memberships and subscriptions – mobilizing financial contributions and other support from donors, corporate contributors, memberships, subscriptions, user fees, and other sources. Media and public relations – publicizing IBCA activities to support fundraising and business development initiatives. Business alliances – developing business partnerships to support the expansion of IBCA services and the growth of the IBCA network. 3.13 Program Development and Technical Support Program development -- developing new programs to expand the scope of IBC operations. Program services – developing new service packages (training, business advisory services, information services) that can be delivered through the business center network. Management of technical support – coordinating the work of consultants and other resources to accomplish the objectives of the IBC Alliance. IT and information services – providing technical support for web development, IT infrastructure, and information functions. The availability of adequate administrative, business development, and program development/technical support resources will make it possible for the IBCA to continue to implement its principal programs and services and advance towards its goal of achieving financially sustainable operations. Program and client services The IBCA’s program and client services will fall into two categories: Activities that are undertaken to help create a national network of business centers Efforts to develop and deliver specific packages of services that will enable Iraqi firms to obtain new contracts and develop their business operations 3.21 Services to establish a national network of business centers An important function of the Iraqi Business Centers Alliance will be to support the development of a national support system for delivering procurement assistance and business development services to Iraqi companies. Initially, the activities of the IBC Alliance will focus on helping the Baghdad Business Center and its satellite offices achieve effective, financially sustainable operations. Later on, the Alliance will expand its focus to include support for a broader network of affiliated business centers. To support the growth of a national business support network, the IBC will offer: Planning services to help establish new business centers Assistance in designing and conducting SME assessments to determine service needs Helping local organizations access grant or contract support to enable them to establish and operate local business centers Information and communication services to support core business service operations: Setting up internet connections and computer networks (with VoIP capabilities) Access to core intranet and internet information services Assistance in developing and hosting business center websites Training programs for business center managers and staff to operate business centers and manage the delivery of different types of service packages Training of trainers (TOT) programs to support the delivery of specialized services by local business services and training providers. Access to a network of international and local business advisors that would help business centers deliver business advice, technical support, and training to local clients. 3.22 Client Services IBCA will focus on developing service packages in the following areas: Procurement assistance Business development support International business linkages General business services Such services will be to developed and tested by the IBCA, as part of its core business development efforts and then delivered to clients through online channels as well as through the IBCA network of affiliated business centers. Procurement Assistance One of the principal services that will be supported by the IBC Alliance is the Procurement Assistance Support Services (PASS) Program. This program will help Iraqi companies secure procurement contracts and sub-contracts that are being offered under the $18.4 billion U.S. funded reconstruction program for Iraq. Services under this program will be designed to help Iraqi firms identify and evaluate reconstruction-related business opportunities, obtain contracts, and manage projects in a professional manner. The PASS Program will offer: Online services -- including access to tenders, listings in the online database and directory, business opportunity classifieds in the online marketplace, information on contracting procedures, answers to frequently asked questions, and online training materials. Business centers support -- including computer and Internet access, access to hard-copy versions of tenders, business information resources, procurement assistance meetings and workshops, training programs, and business advisory services. Advocacy support – assistance to businesses in identifying and resolving problems related to the procurement process, ensuring that procurement procedures are fair and open, and supporting efforts to keep procurement opportunities open to new entrants. In accessing these services, companies will be able to select from several different services packages. These are outlined in section 5.0 in the Strategy and Implementation Summary. Business Development Services In addition to its procurement assistance program, the IBC Alliance will offer business development support and financial advisory services to Iraqi firms. Like the program assistance support services outline above, Iraqi firms will be able to access IBC Alliance-sponsored business development services through the network of business centers as well as through online channels. Such services will include: Training programs on business start-up and business development topics One-on-one business advisory and consulting services Information services Market research Financial advisory services: Help in identifying sources of finance and understanding loan requirements Assistance and training in preparing business plans and loan applications Business partner searches and matchmaking International Business linkages The IBC will collaborate with other local, regional, and international business development organizations and trade-show organizers to support an expanded program designed to link Iraqi firms with regional and international partners. The IBC will help identify and partner with private service providers to respond to the needs of Iraqi and international companies and investors for local business development support. Such services will be offered on a for-fee basis and may include: Information about business opportunities in Iraq (trade, investment, contracts, sub-contracts, procurements, etc.) Market information and research services Help in identifying local business partners (agents, distributors, joint-venture partners, sub-contractors, service providers) Business registration assistance General Business Services Depending on demand, the BBC and its affiliated business centers may decide to offer other types of business services to Iraqi and international clients. Such services would be made available on a for-fee basis and may include: Temporary administrative/secretarial support Translation/interpreter services Communication services (telephone, internet connections, video conferencing) Desktop publishing, printing, copying, binding, and shipping services Referrals to specialized service providers (transportation, security, staff recruitment, etc.) Web development and hosting services 4.0 Market Analysis Summary 4.1 Market Segmentation Potential clients for services offered through the IBC Alliance include: Iraqi companies seeking to obtain PMO contracts or sub-contracts Iraqi companies seeking business development or financial support International businesses seeking Iraqi business partners or setting up new business operations in Iraq. The number of Iraqi companies seeking to obtain procurement contracts is quite large—perhaps in excess of 10,000 companies. Many of these enterprises are newly formed, without any prior experience in any aspect of construction. Some are companies on paper only without any prior operating experience. Of the companies that are legitimate, functioning enterprises, the range of skills and experience in reconstruction-related areas varies considerably. There are a small number of well-qualified companies managed by some of the larger business families—perhaps in the order of 50-100 companies. In addition, there are a fairly large number of Iraqi companies that have partnered with international companies to acquire the types of expertise and resources needed to be legitimate contenders for reconstruction contracts. Although it is difficult to estimate the number of such companies, since registration statistics are lacking and new firms are coming into existence daily, we can reasonably expect that there may be 400-500 companies that might be able to qualify as subcontractors or suppliers to the prime contractors and other larger firms that are managing PMO contracts. Iraqi companies seeking procurement contracts suffer from a range of common deficiencies. Few companies have any established business contacts or relations with the larger firms that have been contracted to manage major portions of the reconstruction program. Information on business opportunities is often hard to come by. Understanding among Iraqi firms of the procurement rules and regulations that the PMO contractors follow is minimal. Product and service standards are highly variable. All but the largest firms suffer financial constraints, a problem made worse by a poorly functioning banking system that offers few solutions to companies’ financial problems. The existence and general recognition of these deficiencies among Iraqi businesses provides the basis for the types of procurement assistance and business development support the IBC Alliance has been set up to provide. International companies seeking to participate in reconstruction-related contracts as well as other trade and investment-related business opportunities are another potential client group for the IBC Alliance and its business center facilities. Medium sized international companies are perhaps the most promising client group, since they are more likely to be willing to pay for services than smaller firms and more in need of assistance than larger, multinational firms. 4.2 Demand for services For Iraqi firms, the primary demand at the present time is for procurement assistance – obtaining information on procurement opportunities, establishing contacts with contract officers representing the prime contractors or larger companies, learning how to prepare bids, marketing their services to prime contractors, etc. Although most companies are primarily interested in getting copies of tender documents and establishing personal relationships with contract officers, many firms are also beginning to recognize the value of participating in training programs or taking advantage of business advisory services that enable them to improve their capabilities for marketing their services, submitting success bids, and complying with contract management requirements. Financial advisory services are another area of high demand. This includes a need for assistance in identifying sources of finance as well as for financial advisory services to prepare necessary documents (business plans and loan applications) needed to secure financing. Demand for other types of training and business development support is not strong at the present time but is expected to grow as higher quality services become available. For international companies, there is a demand for assistance in setting up business operations in Iraq, finding reliable business partners, obtaining reliable business intelligence, and obtaining referrals to specialized service providers – lawyers, suppliers of logistical and security services, etc. We expect that demand for procurement assistance will continue to be strong for the next 1-2 years. After this initial period, the demand will depend upon the level of donor funds and international investments to support infrastructure development and reconstruction projects. As the security situation improves in Iraq, there should be an upsurge in foreign and domestic investment. This will create new demands for services to link foreign investors with reliable local partners, 4.3 Competitive Comparison The business services market in Iraq is still relatively underdeveloped. Nevertheless, there are a number of companies and organizations offering services similar to those that the IBCA will provide. The following table lists some of the IBCA’s current or potential competitors. Organization Services Nature of competition/fee schedules Iraqi American Chamber of Commerce Procurement matchmaking events, business registration services, association memberships. The IACC has moved aggressively to sponsor matchmaking events such as DBX Expo which was designed to bring together PMO contractors and potential subcontractors. They have also actively marketed memberships in the IACC ($100/year for Iraqi companies and $500/year for international firms.) Iraq Directory Business directory listings Charges for business listings range from $100-300 for Iraqi companies and from $100-400 for international companies. Coalition Suppliers Coalition Suppliers is an independent UK-based internet based information, procurement and networking commercial business providing links for buyers and suppliers and individuals and hiring companies in the re-construction of Iraq, including secure E-tender tools for buyers to issue RFQ's, RFP's and RFI's. Initial registration fee of $200. Firms renewing their registrations after initial year pay a $100/year subscription fee. Baghdad Bazaar Business directory listings, website hosting, online ads Basic directory listing -- $10 One page website -- $50 Online ads -- $50-500/month for foreign companies; $20-75/month for Iraqi companies. PortAl Iraq Business portal – company directory, news, job listings, some procurement notices Text ads -- $100/month Graphic ads -- $120/month Examples of comparable but non-competitive services include: AMCHAM Egypt’s Business Information Center Tender alert service, web development services, web advertising, business information services, training programs Tender alert service -- $75-150/year for AMCHAM members; $100-200/year for non-members. Web advertising – approx. $50-200 per month for buttons to full banner ads. Tenders on the Web An online tender notification service Approx. $1000 per year subscription charge Tenders Middle East An online tender service for the Middle East Regular annual subscription -- $200 Gold membership -- $400/year Development Gateway Tender Services Online tender services listing donor-funded procurement opportunities $500 per year for access to 50 procurement notices per month. Procurement Assistance Programs in the U.S. The DOD funds state-level procurement assistance programs to help small businesses access government procurement opportunities. Most of the services through state procurement assistance centers are provided free of charge. Some charge nominal membership fees of $100/year or less. Conclusions: The demand for procurement assistance services by Iraqi and small to medium sized international firms in robust at the present time. Primary demand is for information on tenders, introductions to prime contractors, and opportunities to participate in matchmaking events. Once loan funds become more readily available, there is likely to be a strong demand for financial advisory services, including assistance in preparing business plans and loan applications. There is a lower level of demand for training and business advisory services, with the exception of services that directly address procurement-related problems in a very practical way. The competition that the IBCA faces in providing services to address these prime areas of demand is still quite low. There are a few competing service providers, but, for the most part, the business services market is still underdeveloped in Iraq and few organizations are set up to provide the range and quality of services that the IBCA can and will be able to offer. Since the IBCA is in a better position to attract donor funding and corporate contributions than its competition, it will have a distinct advantage in the R&D department. The IBCA will be able to develop and test new service packages without immediate pressures to offer them on a fully commercial basis. As a consequence, it will be able to provide an array of “public goods” and services that will serve broader economic development goals. As the goals for the organization change, or as funding sources dictate, the IBCA will be able to make a transition to providing services on a more commercial basis in order to achieve financial sustainability. 5.0 Strategy and Implementation Summary 5.1 Competitive Edge The IBCA enjoys a number of distinct advantages over its current competition, including: Close working relationships with PMO contractors – agreements to post tenders, cooperate in procurement assistance events Donor support for program – official recognition and funding support for technical assistance First mover advantage – the IBC was one of the first organizations to offer procurement assistance to Iraqi firms and has been able to build a client base and a portfolio of services in advance of potential competitors. 5.2 Marketing Strategy 5.21 Positioning Statement The IBCA and its network of affiliated business centers will serve as the primary vehicle for providing procurement information and support to Iraqi companies. It will do this by developing partnerships with key organizations involved in the Iraqi reconstruction program, supporting their outreach efforts, and delivering highly effective services to its Iraqi clients. 5.22 Products and Pricing Strategy Procurement Assistance Support Services (PASS) Program Iraqi firms will be able to subscribe to several different levels of services under the PASS program. We are proposing to offer bronze, silver, and gold-level subscriptions. Subscribers will enjoy the following benefits: Online access to full-text versions of tenders (non-subscribers will be able to view summaries of current tenders). Listings in the IBCA business directory and database. Opportunities to post classified ads in the IBCA Marketplace section of the website. Free access to weekly procurement assistance events. Reduced rates for training programs and business advisory services. Reduced rates for advertising on the IBCA website and in the hard-copy business directory. The proposed benefits for different service packages are as follows: Bronze Silver Gold Online access to tenders x x x Free classified ad in IBC Marketplace x x x Listing in IBCA online business directory x Upgraded company profile Upgraded company profile with graphics Listing in the IBCA directory (hardcopy version) x Upgraded profile Upgraded profile Advertising on the IBCA website and directory 25% discount 35% discount 50% discount Participation in procurement assistance events free free free Training programs 25% discount 35% discount 50% discount Pricing for these different service packages will range from $100/year to $300/year. Annual subscriptions for international companies will cost $500 per year. Business Development Services The pricing for training programs and business advisory services offered through the business centers will vary according to the nature of the courses or services offered. Over the next 12-18 months, the IBCA will develop a number of standard training programs and advisory services offerings with the help of international consultants. These programs will be offered to IBCA clients at highly discounted rates initially, perhaps by providing vouchers to members at discounted rates. For high-demand courses or advisory services, the subsidies will gradually be lifted. Low demand courses will be dropped. The goal will be to price such products at rates that can be sustained on a commercial basis using local trainers and consultants. Matchmaking Services The IBCA will partner with trade show organizers and other business promotion organizations to conduct various types of business opportunities events. The IBCA will negotiate revenue sharing agreements with its partners in these events to capture income from booth rentals, advertising, or participation fees paid by participants. General Business Services For any types of general business services offered through IBCA business centers (such as copying, desktop publishing, shipping, translation services, web development services, etc.), normal commercial rates for such services will be charged. IBCA subscribers will be able to access such services through any IBCA affiliated business center at a discounted rate. 5.23 Promotion Strategy IBCA services will be promoted through the following channels: e-Mail marketing campaign to firms registered that have already registered with the IBC. Marketing program through website Introductory seminars and workshops –backed by online and newspaper ad campaign – to introduce companies to IBCA services Flyers distributed at procurement events and at business centers Newspaper ad campaign 5.3 Partnering Strategy Our strategy for partnering with key organizations will include the following activities: PMO and prime contractors Continue to build active partnerships with the PMO office, the PMO contractor (AECOM), and the major coalition contractors (primes and larger subs). Offer space in convention center office to AECOM outreach team Work with prime contractors and larger subs to ensure that they continue to use the IBCA website as the primary vehicle for advertising/posting tenders intended for Iraqi firms. Collaborate in organizing procurement outreach events. Other business centers The IBCA will actively collaborate with other business centers and work out affiliate relationships to incorporate them into the IBC network. These affiliate relationships will include revenue sharing arrangements for various service packages developed and supported by the IBCA. Business associations and service providers The IBCA will seek to develop partnerships with business associations and private sector service providers in both Iraq and overseas. Within Iraq, partnerships will be developed with groups like AMCHAM Iraq, selected Iraqi business associations, and local service providers. International partners will include private sector service providers, online marketplaces and trade portals, trade show organizers, online procurement sites, etc. Partnerships with commercial service providers will include link exchanges with trade, investment, and procurement portals world wide to drive traffic to IBCA website. The IBCA will also participate in affiliate relationships with revenue sharing agreements to promote various IBCA services. International trade and investment promotion organizations and services The IBCA will develop formal partnerships with selected external trade and investment promotion organizations. Official and private sector organizations throughout the Middle East, and particularly in “gateway countries” such as Jordan, Turkey, Kuwait, and Dubai. Government and private sector organizations in the U.S. and Europe 6.0 Management and Staffing Summary 6.1 Business Structure The following chart shows the proposed management and staffing structure for the IBCA. 6.2 IBCA Management and Staff Structure The management and staffing structure for the IBCA initially will consist of the following positions: Executive Director – A senior level person with strong management skills, business background, and business contacts will be selected for this position. The executive director will be responsible for providing overall management direction for IBCA operations and will coordinate management and technical inputs required by individual departments. The executive director will be supported in carrying out his/her management responsibilities by the senior advisor/team lead from the consultant team. He/she will also receive policy direction for the Board of Directors and will be responsible for implementing recommended policies and procedures. Business Centers Operations Director – This person will be responsible for overseeing the development and supervision of IBCA’s business centers network. He/she should have prior experience with managing business center operations and have good overall management skills. Responsibilities will include assessing performance of business centers participating in IBCA network, developing and implementing improved operating systems and services, identifying income generating opportunities, and ensuring that other technical and management initiatives contribute to the continued growth and effectiveness of the business centers network. Business Development Director – This person will be responsible for planning and managing IBCA’s business development strategy. He/she will be responsible for ramping up subscriptions, managing the development of business partnerships and alliances, and devising and implementing effective PR strategies. Program Development and Support – The director of this department will be responsible for overseeing the development of new programs and services that will be offered through the IBCA business centers network. This will involve communicating with clients to identify needs for new services, including training, business advisory support, information, matchmaking assistance, etc. It will also involve working with local and international consultants to plan and implement new programs and services to respond to these needs. IT Department Director – This person will be responsible for managing IBCA’s information services, including overseeing the development and maintenance of IBCA and business center websites, databases, and information content. He/she will also supervise network management problems for IBCA and individual business centers. 6.3 Business Center Staffing The IBCA managers will double up on their management and staff responsibilities, splitting their time between core IBCA functions and management of the Baghdad Business Center facility located in the convention center. Core staffing for satellite offices of the BBC will consist of a business center manager and 1-2 customer services staff. Other support staff will be added as demand dictates. 6.4 Board Structure The Board of Directors for the IBCA initially will consist of 5-7 persons. This will include a chairman and 4-6 additional board members. Board members will initially be appointed by a program advisory committee. The chairman will be elected by the board members. Procedures for adding or replacing board members will be spelled out in the IBCA charter. 6.5 Consultant Team A consultant team will be contracted to provide technical and management support to the IBCA. Funding for this consultant team will be provided through a grant to IBCA or through other project funding mechanisms. This consultant team could consist of the following key positions: Senior advisor – team lead Business development advisor Business center operations Events planning and management advisor Information and web services advisor In addition, other technical specialists will be recruited for short-term assignments as required to help develop and deliver specific services packages such as training, business advisory services, etc. Financial Plan 7.1 Important assumptions There are a number of basic assumptions that we have factored into this financial plan: Timing of funding – we have assumed that grant funding for the IBCA will not be available until 10/1/04. Interim funding -- we are assuming that interim funding for the business center operations will be provided during the period from 7/1/04 through 9/30/04 through a consultant team. Establishment of the IBCA as a separate legal entity or a division of an existing entity – we are assuming that a decision on this issue will be reached prior to 9/30 and that all of the formal organizational tasks – registration or merger – will be completed prior to 10/1/04. Agreements with PMO and prime contractors regarding posting of tenders on IBCA website – we are assuming that the PMO and the prime contractors will formally recognize the IBCA as the primary channel for providing tender information to Iraqi companies and not establish alternative channels that compete directly with IBCA services. Timing for introducing fees for memberships, subscriptions, and other IBCA services – we have assumed that charges for IBCA services will begin on a limited basis in the 4th Quarter of 2004. Beginning on January 1, 2005, access to tenders and other will be provided on a subscription basis or through other fee-for-service arrangements. Sources of Revenue The primary sources of revenue for the IBCA will include the following: Memberships and subscriptions – Beginning in 2005, Iraqi and foreign companies interested in accessing IBCA services will be offered several membership or subscription options. We have outlined some of the proposed service options previously in section 5.23. We expect that memberships and subscriptions will provide one of the primary sources of revenue needed to sustain IBCA operations. Advertising fees – IBCA members and non-members will be offered opportunities to place advertisements on the IBCA website and business directory. Such advertisements will include banner ads on the website as well as classified ads in the B2B Exchange section of the website and in an advertising section of the business directory. Directory sales – the IBCA will produce a membership directory in digital and hard copy formats. This directory will serve as a suppliers guide to sources of construction-related equipment, services, and supplies, as well as containing information on other types of service providers and suppliers. The business directory will be updated on a quarterly basis. Training programs – The IBCA will develop a core set of training programs that will be offered through its business center network. These will primarily be short courses for business executives and managers on topics related to bidding on and winning contracts, obtaining financing, or other high priority topics. Events – the IBCA will sponsor various types of procurement assistance and matchmaking events. Revenues from these events will include: participation fees, booths and exhibits, and seminar fees. Consulting and business advisory services – This set of services will include one-on-one and group sessions to address client’s primary needs related to winning procurement contracts, obtaining finance, or finding business partners. Special projects – The IBCA will be prepared to take on special projects funded by donor organizations or corporate members. Such projects might include: contracts to set up and manage new business centers; organizing special events such as trade shows or matchmaking events; conducting training programs for entrepreneurs, or other activities consistent with the IBCA mandate. Grants -- fundraising and corporate contributions – The IBCA will require grant funding to develop its product and service offerings and satisfy its public services commitments to the Iraqi business community. The provision of such “public goods” will require grant funding and corporate contributions from multinational corporate sponsor as well as grant support from donor organizations. The following table provides a summary of the revenue projects from these various sources over a five year time period. 7.21 Revenue Projections Revenues 4thQ 2004Yr - 2005Yr - 2006Yr - 2007Yr - 20085yr TotalIraqi Membership$10,000$50,000$100,000$150,000$200,000$510,000 Membership fee --$100# of co's1005001,0001,5002,000 International & Gold Membership$15,000$60,000$90,000$120,000$150,000$435,000 Membership fee --$300# of co's50200300400500 Advertising - Journal and Web$5,000$15,000$20,000$30,000$40,000$110,000 Directory Sales$5,000$25,000$25,000$25,000$25,000$105,000 #100500500500500Training$5,000$75,000$100,000$125,000$150,000$455,000 Business Consulting Services$5,000$75,000$100,000$125,000$150,000$455,000 Special Projects USAID, UNDP/ILO, WB etc.$0$150,000$200,000$250,000$300,000$900,000 Events$10,000$30,000$35,000$40,000$50,000$165,000 Grants & Direct Contributions Fund Raising, Corp. Contrib.$25,000$200,000$250,000$250,000$250,000$975,000Total Projected Revenue$80,000$680,000$920,000$1,115,000$1,315,000$4,110,000 Estimated Expenses The IBCA will have three basic categories of expenses: start-up expenses, including initial registration and organizational expenses, as well as equipment and furnishings; regular operating costs for salaries, rent, supplies, etc.; and business development/organizational development costs – for developing new products and services and implementing management systems. The following table provides an estimate of these various expenses over a four-year period. Operating ExpensesQ4 FY-04Y - 05YR - 06YR - 07YR - 085Yr Total Employees' Salary$26,400 $105,600 $105,600 $165,600 $165,600 $542,400  Rent - IBC$3,000 $12,000 $12,000 $12,000 $12,000 $48,000  Rent - 4 BBC$12,000 $60,000 $60,000 $60,000 $60,000 $240,000 Office Expenses Furniture and Equipment$10,000 $40,000 $40,000 $40,000 $40,000 $160,000  Office Supplies$2,250 $9,000 $9,000 $9,000 $9,000 $36,000  Automobile$2,000 $6,000 $6,000 $6,000 $6,000 $24,000 Technology Equipment$20,000 $20,000 $20,000 $20,000 $20,000 $80,000  IT Support$3,000 $12,000 $12,000 $12,000 $12,000 $48,000  Internet Access$9,000 $36,000 $36,000 $36,000 $36,000 $144,000  Website Hosting$600 $2,400 $2,400 $2,400 $2,400 $9,600  Cell Phones$3,000 $12,000 $12,000 $12,000 $12,000 $48,000 Promotional/Marketing Events$45,000 $180,000 $180,000 $180,000 $180,000 $720,000  Materials$15,000 $60,000 $60,000 $60,000 $60,000 $240,000  Publications$24,000 $96,000 $96,000 $96,000 $96,000 $384,000  Iraq IBC Development $9,000 $36,000 $36,000 $36,000 $36,000 $144,000 Training Outside Training Support$21,000 $36,000 $36,000 $36,000 $36,000 $144,000  IBC Training (for external)$15,000 $60,000 $60,000 $60,000 $60,000 $240,000  IBC Internal Training$5,000 $20,000 $20,000 $20,000 $20,000 $80,000  IBC Material Dev.$10,000 $40,000 $40,000 $40,000 $40,000 $160,000 Travel Staff$15,000 $60,000 $60,000 $60,000 $60,000 $240,000   Association Fees$15,000 $60,000 $60,000 $60,000 $60,000 $240,000 Legal Fees$4,000 $16,000 $16,000 $16,000 $16,000 $64,000 Accounting/Audit Fees$10,000 $40,000 $40,000 $40,000 $40,000 $160,000 Incorporation Fees$5,000 $5,000 Security$6,500 $26,000 $26,000 $26,000 $26,000 $104,000  Total Operating Expenses$290,750 $1,045,000 $1,045,000 $1,105,000 $1,105,000 $4,300,000 Business development expenses -- international & local TA$500,000 $1,500,000 $500,000 $250,000 $0 $2,750,000 Total operating and business development expenses$790,750 $2,545,000 $1,545,000 $1,355,000 $1,105,000 $7,050,000  7.31 Staff Expense Projections EmployeesSalary/moQ4YR - 05YR - 06YR - 07YR - 08Iraqi CEO $1,800 $5,400 $21,600 $21,600 $21,600 $21,600 Office Manager$1,000 $3,000 $12,000 $12,000 $12,000 $12,000 Business Centers Dir.$1,200 $3,600 $14,400 $14,400 $14,400 $14,400 Biz Ctr Staff (10)$5,500 $0 $30,000 $60,000 $60,000 $60,000 Biz Dev./PR Dir.$1,200 $3,600 $14,400 $14,400 $14,400 $14,400 Translator - Text$600 $1,800 $7,200 $7,200 $7,200 $7,200 IT Manager$1,000 $3,000 $12,000 $12,000 $12,000 $12,000 Network Technician $400 $1,200 $4,800 $4,800 $4,800 $4,800 Membership Manager$800 $2,400 $9,600 $9,600 $9,600 $9,600 Training Dir.$800 $2,400 $9,600 $9,600 $9,600 $9,600  Total$14,300 $26,400 $135,600 $135,600 $165,600 $165,600  Expense Assumptions: 1. In addition to direct costs associated with IBCA headquarters and business centers operations, we have assumed that approximately $2,750,000 over a three year period will be required to fund the technical and business development support requirements associated with the business centers program. This support will be provided by a international technical services organization, through a formal support agreement with the IBCA. 2. We have assumed that for the first six months of 2005, the Army Civil Affairs unit will pay for the salary expenses for business centers staff in the satellite centers. Break-even analysis Based on the revenue and expense projects presented above, the IBCA should begin covering basic operating expenses by the end of third full year of operations (2007). In addition to covering basic operating expenses, we estimate that approximately $2,750,000 will be required to fund the technical assistance and business development requirements for the business centers initiative. These resources will help the IBCA develop its operating systems, expand the business centers network, and develop service packages that respond to client demands and generate needed revenues. The estimated about for external technical assistance is based on requirements for comparable projects in other countries and experiences to date with the initial IBC program. We have estimated a level-of-effort requirement of approximately 45-50 months of consultant time (at senior-level U.S. equivalents) over a three-year period. When we add the costs of external technical assistance and the projected surplus or deficit calculations from business center operations, we come up with a total requirement for USAID or other donor grant-funding total of $3,230,750. This is the amount that we estimate will be needed to establish a viable business centers network or the scope and scale described in this business plan. Projected surplus or deficit 4Q 2004 2005 2006 2007 2008 Total Total Projected Revenue $80,000 $680,000 $920,000 $1,115,000 $1,315,000 $4,110,000 Total Operating Expenses $290,750 $1,045,000 $1,045,000 $1,105,000 $1,105,000 $4,590,750 Projected surplus or deficit from business operations ($210,750) ($365,000) ($125,000) $10,000 $210,000 ($480,750) Business development expenses -- international & local TA $500,000 $1,500,000 $500,000 $250,000 $0 $2,750,000 Total USAID grant funding required $710,750 $1,865,000 $625,000 $240,000 $0 $3,230,750 SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (a) The Offeror certifies that - (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory - (1) Is the person in the Offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above: ____________________________________________________________ ____________________________________________________________ [insert full name of person(s) in the Offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the Offeror's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the Offeror deletes or modifies subparagraph (a)(2) above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. K.2 52.203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT (APR 1984) (a) Representation. The offeror represents that, except for full-time bona fide employees working solely for the offeror, the offeror - [Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term "bona fide employee," see FAR Subpart 3.4.] (1) [_] has, [_] has not employed or retained any person or company to solicit or obtain this contract; and (2) [_] has, [_] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) Agreement. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a)(1) or (a)(2) is answered affirmatively, to promptly submit to the Contracting Officer - (1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation. K.3 52.203-8 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY. (SEP 1995) -- ALTERNATE I (SEP 1990) (a) Definitions. The definitions at FAR 3.104-4 are hereby incorporated in this provision. (b) Certifications. As required in paragraph (c) of this provision, the officer or employee responsible for this offer shall execute the following certification. The certification in paragraph (b)(2) of this provision is not required for a procurement of commercial items. CERTIFICATE OF PROCUREMENT INTEGRITY (1) I, ___________________________ (Name of certifier), am the officer or employee responsible for the preparation of this offer and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27(a), (b), (d), or (f) of the Office of Federal Procurement Policy Act, as amended* (41 U.S.C. 423), (hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the conduct of this procurement [INSERT CONTRACT NUMBER]. (2) As required by subsection 27(e)(1)(B) of the Act, I further certify that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of ________________________ (Name of Offeror) who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsections 27 (a), (b), (d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement. (3) Violations or possible violations: (Continue on plain bond paper if necessary and label Certificate of Procurement Integrity (Continuation Sheet), ENTER NONE IF NONE EXIST) _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ (4) I agree that, if awarded a contract under this solicitation, the certifications required by subsection 27(e)(1)(B) of the Act shall be maintained in accordance with paragraph (f) of this provision. _______________________________________________________________ (Signature of the officer or employee responsible for the offer and date) --------------------------------------------------------------- (Typed name of the officer or employee responsible for the offer) * Subsections 27 (a), (b), and (d) are effective on December 1, 1990. Subsection 27(f) is effective on June 1, 1991. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of certification) (c) For procurements, including contract modifications, in excess of $100,000 made using procedures other than sealed bidding, the signed certifications shall be submitted by the successful Offeror to the Contracting Officer within the time period specified by the Contracting Officer when requesting the certificates except as provided in subparagraphs (c)(1) through (c)(5) of this clause. In no event shall the certificate be submitted subsequent to award of a contract or execution of a contract modification: (1) For letter contracts, other unpriced contracts, or unpriced contract modifications, whether or not the unpriced contract or modification contains a maximum or not to exceed price, the signed certifications shall be submitted prior to the award of the letter contract, unpriced contract, or unpriced contract modification, and prior to the definitization of the letter contract or the establishment of the price of the unpriced contract or unpriced contract modification. The second certification shall apply only to the period between award of the letter contract and execution of the document definitizing the letter contract, or award of the unpriced contract or unpriced contract modification and execution of the document establishing the definitive price of such unpriced contract or unpriced contract modification. (2) For basic ordering agreements, prior to the execution of a priced order; prior to the execution of an unpriced order, whether or not the unpriced order contains a maximum or not to exceed price; and, prior to establishing the price of an unpriced order. The second certificate to be submitted for unpriced orders shall apply only to the period between award of the unpriced order and execution of the document establishing the definitive price for such order. (3) A certificate is not required for indefinite delivery contracts (see Subpart 16.5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100,000. (4) For contracts and contract modifications which include options, a certificate is required when the aggregate value of the contract or contract modification and all options (see 3.104-4(e)) exceeds $100,000. (5) For purposes of contracts entered into under section 8(a) of the SBA, the business entity with whom the SBA contracts, and not the SBA, shall be required to comply with the certification requirements of subsection 27(e). The SBA shall obtain the signed certificate from the business entity and forward the certificate to the Contracting Officer prior to the award of a contract to the SBA. (6) Failure of an Offeror to submit the signed certificate within the time prescribed by the Contracting Officer shall cause the offer to be rejected. (d) Pursuant to FAR 3.104-9(d), the Offeror may be requested to execute additional certifications at the request of the Government. Failure of an Offeror to submit the additional certifications shall cause its offer to be rejected. (e) A certification containing a disclosure of a violation or possible violation will not necessarily result in the withholding of award under this solicitation. However, the Government, after evaluation of the disclosure, may cancel this procurement or take any other appropriate actions in the interests of the Government, such as disqualification of the Offeror. (f) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing contractor responsible for the offer may rely upon a one-time certification from each individual required to submit a certification to the competing contractor, supplemented by periodic training. These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or association with the contractor. If a contractor decides to rely on a certification executed prior to the suspension of section 27 (i.e., prior to December 1, 1989), the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for 6 years from the date a certifying employee's employment with the company ends or, for an agent, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor. (g) Certifications under paragraphs (b) and (d) of this provision are material representations of fact upon which reliance will be placed in awarding a contract. K.4 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989 (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the Offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. K.5 52.204-3 TAXPAYER IDENTIFICATION (MAR 1994) (a) Definitions. "Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the Offeror is a member. "Corporate status," as used in this solicitation provision, means a designation as to whether the Offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services. "Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the Offeror in reporting income tax and other returns. (b) All offerors are required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in 4.903, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) Taxpayer Identification Number (TIN). [_] TIN: [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of a Federal, state, or local government; [_] Other. State basis (d) Corporate Status. [_] Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services; [_] Other corporate entity; [_] Not a corporate entity; [_] Sole proprietorship [_] Partnership [_] Hospital or extended care facility described in 26 CFR 501(a). (e) Common Parent. [_] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause. [_] Name and TIN of common parent: Name_____________________________________________________________ TIN______________________________________________________________ K.6 52.204-5 WOMEN-OWNED BUSINESS. (OCT 1995) (a) Representation. The offeror represents that it [ ] is, [ ] is not a women-owned business concern. (b) Definition. "Women-owned business concern," as used in this provision, 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 the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. K.7 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 1989) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that-- (i) The offeror and/or any of its Principals-- (A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgement rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has [_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency. (2) "Principals," for the purposed of this certification, means officer; directors; owner; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. K.8 52.215-6 TYPE OF BUSINESS ORGANIZATION (JUL 1987) The offeror or quoter, by checking the applicable box, represents that – (a) It operates as [_] a corporation incorporated under the laws of the State of _________________________________ [_] an individual, [_] a partnership, [_] a nonprofit organization, or [_] a joint venture; or (b) If the offeror or quoter is a foreign entity, it operates as [_] an individual, [_] a partnership, [_] a nonprofit organization, [_] a joint venture, or [_] a corporation, registered for business in ____________________ (country). K.9 52.215-20 PLACE OF PERFORMANCE (APR 1984) (a) The offeror or quoter, in the performance of any contract resulting from this solicitation, [_] intends, [_] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or quoter as indicated in this proposal or quotation. (b) If the offeror or quoter checks "intends" in paragraph (a) above, it shall insert in the spaces provided below the required information: Place of Performance Name and Address of Owner (Street Address, City, County, and Operator of the Plant State, Zip Code) or Facility if Other than Offeror or Quoter K.10 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 1995) (a)(1) The standard industrial classification NAICS code for this acquisition is 48899. (2) The small business size standard is $14.5 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The Offeror represents and certifies as part of its offer that it [ ] is, [ ] is not a small business concern. (2) (Complete only if Offeror represented itself as a small business concern in block (b)(1) of this section.) The Offeror represents as part of its offer that it [ ] is, [ ] is not a small disadvantaged business concern. (3) (Complete only if Offeror represented itself as a small business concern in block (b)(1) of this section.) The Offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern. (c) Definitions. Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. Small disadvantaged business concern, as used in this provision, means a small business concern that (1) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR Part 124. Women-owned small business concern, as used in this provision, means a small business concern-- (1) 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 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. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small or small disadvantaged business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. K.11 52.222-19 WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATION (APR 1984) The Offeror represents as a part of this offer that the Offeror is_____or is not_____ a regular dealer in, or is_____or is not_____a manufacturer of, the supplies offered. K.12 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984) (a) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (b) By the submission of this offer, the Offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract. (c) The Offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will - (1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. K.13 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984). The offeror represents that - (a) It [_] has, [_] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (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. K.14 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) it [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. K.15 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984). The Offeror certifies that-- (a) Any facility to be used in the performance of this proposed contract is [_], is not [_] listed on the Environmental Protection Agency List of Violating Facilities; (b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every non-exempt subcontract. K.16 52.223-5 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE. (JUL 1995) (a) Definitions. As used in this provision, "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11-1308.15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. "Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. Directly engaged is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an Offeror/contractor that has no more than one employee including the Offeror/contractor. (b) By submission of its offer, the Offeror (other than an individual) responding to a solicitation that is expected to exceed the simplified acquisition threshold, certifies and agrees, that with respect to all employees of the Offeror to be employed under a contract resulting from this solicitation, it will--no later than 30 calendar days after contract award (unless a longer period is agreed to in writing), for contracts of 30 calendar days or more performance duration; or as soon as possible for contracts of less than 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed-- (1) Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an ongoing drug-free awareness program to inform such employees about - (i) The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this provision; (4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will - (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; (5) Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision(b)(4)(ii) of this provision, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; and (6) Within 30 calendar days after receiving notice under subdivision (b)(4)(ii) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Take appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this provision. (c) By submission of its offer, the Offeror, if an individual who is making an offer of any dollar value, certifies and agrees that the Offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation. (d) Failure of the Offeror to provide the certification required by paragraph (b) or (c) of this provision, renders the Offeror unqualified and ineligible for award. (See FAR 9.104-1(g) and 19.602-1(a)(2)(i).) (e) In addition to other remedies available to the Government, the certification in paragraphs (b) or (c) of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under title 18, United States Code, section 1001. K.17 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION. (NOV 1993) Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. I. Disclosure Statement - Cost Accounting Practices and Certification (a) Any contract in excess of $500,000 resulting from this solicitation, except contracts in which the price negotiated is based on (1) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (2) prices set by law or regulation, will be subject to the requirements of 48 CFR parts 9903 and 9904, except for those contracts which are exempt as specified in 48 CFR, Subpart 9903,201-1. (b) Any Offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR parts 9903 and 9904 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR Subpart 9903.202. The Disclosure Statement must be submitted as a part of the Offeror's proposal under this solicitation unless the Offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the Offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to-practice for pricing proposals or accumulating and reporting contract performance cost data. (c) Check the appropriate box below: _____ (1) Certificate of Concurrent Submission of Disclosure Statement. The Offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy of the cognizant Administrative Contracting Officer (ACO), and (ii) one copy to the cognizant contract auditor. (Disclosure must be on Form No. CASB DS-1. Forms may be obtained from the cognizant ACO or from the loose-leaf version of the Federal Acquisition Regulation.) Date of Disclosure Statement: _______________________________________________________ Name and Address of Cognizant ACO where filed: ________ The Offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement. _____ (2) Certificate of Previously Submitted Disclosure Statement. The Offeror hereby certifies that Disclosure Statement was filed as follows: Date of Disclosure Statement: ______________________________________________________ Name and Address of Cognizant ACO where filed: ______________________________________________ The Offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable disclosure statement. _____ (3) Certificate of Monetary Exemption. The Offeror hereby certifies that the Offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $25 million (of which at least one award exceeded $1 million) in the cost accounting period immediately preceding the period in which this proposal was submitted. The Offeror further certifies that if such status changes before an award resulting from this proposal, the Offeror will advise the Contracting Officer immediately. _____ (4) Certificate of Interim Exemption. The Offeror hereby certifies that (i) the Offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR, Subpart 9903.202-1, the Offeror is not yet required to submit a Disclosure Statement. The Offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the Offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement. Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $25 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded. II. Cost Accounting Standards - Eligibility for Modified Contract Coverage If the offeror is eligible to use the modified provisions of 48 CFR, Subpart 9903.201-2(b) and elects to do so, the Offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause. _____ The Offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR, Subpart 9903.201-2(b) and certifies that the Offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the Offeror received less than $25 million in awards of CAS-covered prime contracts and subcontracts, or the Offeror did not receive a single CAS-covered award exceeding $1 million. The Offeror further certifies that if such status changes before an award resulting from this proposal, the Offeror will advise the Contracting Officer immediately. Caution: An Offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $25 million or more or if, during its current cost accounting period, the Offeror has been awarded a single CAS-covered prime contract or subcontract of $25 million or more. III. Additional Cost Accounting Standards Applicable to Existing Contracts. The Offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts. ___ Yes ___ No. K.18 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) (a) The Bidder/Offeror is requested to insert the DUNS number applicable to the Contractor's address shown on the solicitation form. DUNS Number ______________________________________________________ (b) If the production point (point of final assembly) is other than the location entered on the solicitation form, or if additional production points are involved, enter the DUNS number applicable at each production point in the space provided below. Item No. Manufacturer Production Point DUNS NO. (c) If DUNS numbers have not be established for the Contractor, or the production point(s) not shown above, a number will be assigned upon request by Dun & Bradstreet, Allentown, PA. Phone (800) 234-3867. K.19 52.215-11 AUTHORIZED NEGOTIATORS. (APR 1984) The Offeror or Quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: Name and Title Location Phone ________________ ________________ ________________ ________________ ________________ ________________ By signature on the solicitation form, I hereby affirm that I am authorized, on behalf of the company, to enter into binding contractual agreements with the Government; and furthermore, that the person(s) named above [_] are, [_] are not, likewise so authorized. K.20 FACSIMILE NUMBER The Offeror shall indicate the telephone number (if applicable) to which the Government may send written communications electronically. I HEREBY CERTIFY THAT THE RESPONSES TO THE ABOVE REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS ARE ACCURATE AND COMPLETE. SIGNATURE:________________________________________________ TITLE:_____________________________________________________ DATE:______________________________________________________ SECTION L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS L.1 GENERAL REQUIREMENTS. Proposals will be submitted by e-mail to HYPERLINK "mailto:karen.maskew@cpa-iq.org" karen.maskew@cpa-iq.org The Offeror shall take precautions to the maximum practical extent to ensure that the e-mail file submitted contains no computer viruses. Furnish all cost proposal information in the order listed. If certain information is not available or not applicable, so state. L.1.1 Format. Proposals will be submitted in the following format: L.1.1.1 Proposals shall be submitted on [8.5"x11"] paper. L.1.1.2 Proposals shall utilize both sides of the paper. L.1.1.3 Proposals shall be bound in [three ring binders]. L.1.1.4 Font size shall be limited to a minimum of 12, except for diagrams and drawings where impractical. L.1.1.5 Large engineering drawings shall be reduced in size for easier handling and review but not to the extent that essential detail is lost. Maximum size shall not exceed 11"x17". L.1.1.6 The Technical Proposal and the Administration & Management Proposal files shall be submitted in Microsoft Word format (option is to use a web browser based html format). L.1.1.7 Pitch shall be limited to a minimum of 12, except for diagrams and drawings where impractical. L.1.1.8 Large engineering drawings shall be reduced in size for easier handling and review but not to the extent that essential detail is lost. Maximum size shall not exceed 11"x17". No proposal text shall be on either obverse or reverse of paper. L.1.1.9 Cost proposal text shall be submitted in Microsoft Word format; Calculations shall be submitted in an Excel Spreadsheet, as prescribed in Subparagraph L.4 of this solicitation L.1.2 Copy and Page Limitations. Each volume of the proposal shall be limited to the following sizes (fold out pages shall count as two pages, manufacturers product sheets do not count against the age count limitations): L.1.2.1 Volume I– Technical and Management Approach L.1.2.2 Volume II – Past Performance L.1.2.3 Volume III – Price Proposal Volume Maximum Pages No. of Electronic Copies I Fifty (50) One (1) II Twenty (20) One (1) III No Limit One (1) L.1.3 Cross Reference Indexes. Cross reference indexes shall be included in the proposal to ensure that there is a valid mapping of information between the proposal and the various elements of the proposal requirements. The indexes can be separately bound or contained within each Volume and will not count against the page count limitations. L.1.4. Executive Summary Matrix. Best Value Features in an Offeror's proposal which can provide cost and/or performance benefits to the Government and have not been specified in the requirements will be presented in an Executive Summary matrix. The Executive Summary matrix will not be counted in limitation of pages for the Technical and management proposal, but in itself shall not exceed two (2) pages. The Executive Summary matrix shall be in the following format: L.1.4.1 Column 1 - List each best value feature L.1.4.2 Column 2 - Applicable proposal paragraph number L.1.4.3 Column 3 - Applicable proposal page number L.1.4.4 Column 4 - Applicable requirements document (SOW, spec, other) L.1.4.5 Column 5 - Summarize why it is a cost benefit/avoidance feature. L.1.5 Classified Information. Use of classified information in the proposal submission is prohibited. However, the proposal response can include proprietary information. L. 2 SPECIFIC PROPOSAL REQUIREMENTS L.2.1 VOLUME I – TECHNICAL/MANAGEMENT. (Pricing information shall NOT be included in this volume) – Volume I is limited to fifty (50) pages including title page. Any pages beyond page 50 will not be considered. L.2.1.1 Title page including Offeror’s name and solicitation number (W914NS-04-R-0158). L.2.1.2 The Technical portion of Volume I shall detail the Offeror’s approach (including schedule and quality control procedures) and shall specify how the Offeror intends to accomplish the tasks identified in Section C, Statement of Work.. The proposal must clearly demonstrate the offeror’s understanding of the nature of the work required herein. L.2.1.3 The Technical portion of Volume I shall detail the Offeror’s ability meet SOW performance and reports delivery requirements. L.2.1.4 The Technical portion of Volume I must articulate the Offeror’s ability to very quickly begin addressing the needs of the three existing business centers and implement improvements and efficiencies. L.2.1.5 The Technical portion of Volume I shall demonstrate the Offeror’s ability to identify, plan, and deliver a topical and cost effective Speaker’s Program that provides an additional tool to assist the business centers move toward self-sustainability L.2.1.6 The Technical portion of Volume I shall detail the Offeror’s experience with all of the various design configurations and issues that are involved with building a Business L.2.1.7 The Technical portion of Volume I shall describe the Offeror’s familiarity with the specifics of the economic hardships that have been entrenched over a long period of time and have the ability to build an effective support services network that will assist Subject Matter Experts (SMEs) to gain better access to financing and develop better business skills L.2.1.8 Provide a work plan describing how the continued development of the business center program will be implemented, staffed, monitored, and managed. The work plan shall also address the self-sufficiency dollar requirement, including the expected time frame to achieve this goal for the four offices, after the conclusion of the fifteen month period of performance under this contract. This written plan shall support and justify the dollar estimate and time estimate provided in Paragraph L.2.3.4 L.2.1.9 Most importantly, the Technical portion of Volume I shall demonstrate the Offeror’s experience, knowledge and competence in designing and successfully executing business plans comparable to those envisaged in this program. L.2.1.10 The Management portion of Volume I shall detail the following: L.2.1.10.1 Expertise of the Offeror’s personnel devoted to the program L.2.1.10.2 Offeror’s demonstrated technical, managerial, and financial experience and competence in implementing business center concepts L.2.1.10.3 Offeror’s experience in managing activities that produced significant results with a high level of responsiveness and flexibility in challenging environments L.2.1.10.4 Appropriateness and efficiency of the Offeror’s organizational structure with clear roles and responsibilities for all aspects of the program’s management L.2.1.10.5 Offeror’s ability to deliver on all of the initiatives across multi-regional L.2.2 VOLUME II - PAST PERFORMANCE. (Pricing information shall NOT be included in this volume) – Volume II is limited to twenty (20) pages, including title page. Any pages beyond page 20 will not be considered. L.2.2.1 Title page including Offeror’s name and solicitation number. L.2.2.2 Past performance references must pertain to work performed with the past 3 years. Describe experience gained in the past three years relevant to the above evaluation criteria, specifically experience in development of business centers, building business alliances, identifying and establishing new services, meeting the needs of a diverse constitute, identifying and communicating “business center best practices”, and effectively conveying them to multi-users. L.2.2.3 Offerors shall submit a minimum of three (3) relevant and recent references complete with working phone numbers, email addresses, points of contact, contract description, contract value, period of performance. If applicable, state any problems, and how they were resolved. L.2.2.4 The Offeror’s relevant past performance information shall include same or similar work experience in Iraq, and should include: description of work, point of contact with telephone number and email address, contract number (if applicable) and amount of contract. L.2.2.5 The Offeror shall provide details of its experience working with business center concepts, especially in the Middle East, that include: effective and targeted needs assessment, marketing and community outreach to attract new users, familiarity with web-based forms of communications and data collection, building an alliance to effectively gain leverage in many aspects of necessary business advocacy, personnel requirements of an effective and successful business center; for-profit incentives and mixture of services to move toward self-sustainability is a necessary requirement L.2.2.6 Independence of the firm. State whether any of the Offeror’s employees (or spouses or close relatives) are employed by or have any financial or business relationship with US Mission Iraq or the US Military forces. If so, provide details. L.2.2.7 Quality control standards and procedures. State whether the Offeror adheres to internal audit reviews or other means of quality control standards and if so, identify such standards. State briefly the internal procedures used to ensure high-quality work and services. L.2.3 VOLUME III – PRICE. Volume III has no page limit. No Technical/Management or Past Performance information will be considered if placed in the Price Volume. The Offeror shall prepare the cost proposal in accordance with the following organization, content and format requirements to assist the Government in making a complete and thorough evaluation. Spreadsheet pricing shall be submitted using Office 97 or any later version of Microsoft Excel. L.2.3.1 The Offeror must also complete Standard Form (SF) 1449 (Solicitation, Offer and Award), blocks 17a, 23 – 24 (including costs continuing on Pages 2, 4, 5, and 6 of the contract), 26, 30a and 30b. L.2.3.2 The evaluation of prices will include the following aspect: Realism. The Government will evaluate the price proposal to determine the overall realism of the proposed technical effort with respect to price. Realism is evaluated by assessing the compatibility of proposed price with proposal scope and effort. Offerors are cautioned that the price risk analysis will be based upon technical uncertainties, as well as uncertainties in the proposed price estimates. L.2.3.3 Experience with identifying, developing, and implementing initiatives that will result in profitability/self-sufficiency for multi-regional offices. L.2.3.4 Regarding work plan to be detailed and proposed as described in Paragraph L.2.1.8 above the Offeror shall separately estimate the following two items in Volume III: L.2.3.4.1 The amount of funds to be set aside from the total contract award to be used to bring the business centers toward self-sustainability L.2.3.4.2 The length of time it will take for the business centers to achieve self-sustainability after the initial fifteen-month period of this contract L.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): HYPERLINK "http://www.arnet.gov/far/" http://www.arnet.gov/far/ FAR HYPERLINK "http://www.deskbook.osd.mil" http://www.deskbook.osd.mil FAR and DFAR L.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This solicitation 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. The Offeror is cautioned that the listed clauses may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a clause may be accessed electronically at this/these address(es) identified in clause FAR 52.252-2 above. L.5 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUN 99) (a) Contractor identification is essential for complying with statutory contract reporting requirements. Therefore, the Offeror is requested to enter, in the block with its name and address on the Standard Form 33 or similar document, the annotation "DUNS" followed by the DUNS number which identifies the Offeror's name and address exactly as stated in the offer. (b) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the Offeror. For information on obtaining a DUNS number, the Offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The Offeror should be prepared to provide the following information: (1) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet Home Page at http://www.customerservice@dnb.com/. If an Offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at HYPERLINK "mailto:globalinfo@dnb.com" globalinfo@dnb.com. L-6 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (FEB 2000) (a) Definitions. As used in this provision-- “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the Offeror being allowed to revise its proposal. “In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. “Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. “Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations. “Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. (b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). (c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) Addressed to the office specified in the solicitation, and (ii) Showing the time and date specified for receipt, the solicitation number, and the name and address of the Offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision. (2) The first page of the proposal must show-- (i) The solicitation number; (ii) The name, address, and telephone and facsimile numbers of the Offeror (and electronic address if available); (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the Offeror's behalf with the Government in connection with this solicitation; and (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office. (3) Submission, modification, or revision, of proposals. (i) Offerors are responsible for submitting proposals, and any modifications, or revisions, 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 proposal or revision is due. (ii)(A) Any proposal, modification, or revision 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-- (1) 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 proposals; or (2) 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 (3) It is the only proposal received. (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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. (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an Offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. (4) Unless otherwise specified in the solicitation, the Offeror may propose to provide any item or combination of items. (5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. (6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. (7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. (8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. (d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the Offeror). (e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-- (1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of--or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. (f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible Offeror(s) whose proposal(s) represents the Best Value offer after evaluation in accordance with the factors, sub-factors, and sub-sub-factors in the solicitation. The source selection official shall make an assessment of the price proposed using cost and price analysis techniques to establish the reasonableness, realism, accuracy, completeness, and the performance and confidence risk ratings assigned to determine the Lowest Priced Technically Acceptable offer for the Government. Under no circumstances will an Offeror with a final performance rating of no confidence/high risk be considered for award. (2) The Government may reject any or all proposals if such action is in the Government's interest. (3) The Government may waive informalities and minor irregularities in proposals received. (4) The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. (5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the Offeror specifies otherwise in the proposal. (6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so. (7) Exchanges with Offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or sub-line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (9) Cost realism will be considered by the source selection authority in evaluating performance or schedule risk. (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful Offeror within the time specified in the proposal shall result in a binding contract without further action by either party. (11) The Government may disclose the following information in postaward debriefings to other Offerors: (i) The overall evaluated cost or price and technical rating of the successful Offeror; (ii) The overall ranking of all Offerors, when any ranking was developed by the agency during source selection; (iii) A summary of the rationale for award; and (vi) For acquisitions of commercial items, the make and model of the item to be delivered by the successful Offeror. L-7 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation. L-8 52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993) (a) Recompetition of service contracts may in some cases result in lowering the compensation (salaries and fringe benefits) paid or furnished professional employees. This lowering can be detrimental in obtaining the quality of professional services needed for adequate contract performance. It is therefore in the Government's best interest that professional employees, as defined in 29 CFR 541, be properly and fairly compensated. As part of their proposals, Offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract. The Government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements. This evaluation will include an assessment of the Offeror's ability to provide uninterrupted high-quality work. The professional compensation proposed will be considered in terms of its impact upon recruiting and retention, its realism, and its consistency with a total plan for compensation. Supporting information will include data, such as recognized national and regional compensation surveys, and studies of professional, public and private organizations, used in establishing the total compensation structure. (b) The compensation levels proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives. The salary rates or ranges must take into account differences in skills, the complexity of various disciplines, and professional job difficulty. Additionally, proposals envisioning compensation levels lower than those of predecessor contractors for the same work will be evaluated on the basis of maintaining program continuity, uninterrupted high-quality work, and availability of required competent professional service employees. Offerors are cautioned that lowered compensation for essentially the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement. (c) The Government is concerned with the quality and stability of the work force to be employed on this contract. Professional compensation that is unrealistically low or not in reasonable relationship to the various job categories, since it may impair the Contractor's ability to attract and retain competent professional service employees, may be viewed as evidence of failure to comprehend the complexity of the contract requirements. (d) Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal. L-9 52.233-2 SERVICE OF PROTEST (AUG 1996) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Contracting Officer ___________________________________________________________ (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L-10 52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (OCT 1997) (a) Definitions. As used in this provision-- Uncompensated overtime means the hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act. Compensated personal absences such as holidays, vacations, and sick leave shall be included in the normal work week for purposes of computing uncompensated overtime hours. Uncompensated overtime rate is the rate that results from multiplying the hourly rate for a 40-hour workweek by 40, and then dividing by the proposed hours per week. For example, 45 hours proposed on a 40-hour work week basis at $20 per hour would be converted to an uncompensated overtime rate of $17.78 per hour ($20.00 x 40 divided by 45=$17.78). (b) For any proposed hours against which an uncompensated overtime rate is applied, the Offeror shall identify in its proposal the hours in excess of an average of 40 hours per week, by labor category at the same level of detail as compensated hours, and the uncompensated overtime rate per hour, whether at the prime or subcontract level. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged direct. (c) The Offeror's accounting practices used to estimate uncompensated overtime must be consistent with its cost accounting practices used to accumulate and report uncompensated overtime hours. (d) Proposals that include unrealistically low labor rates, or that do not otherwise demonstrate cost realism, will be considered in a risk assessment and will be evaluated for award in accordance with that assessment. (e) The offeror shall include a copy of its policy addressing uncompensated overtime with its proposal, if applicable. L-11 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. L-12 252.204-7004 REQUIRED CENTRAL CONTRACTOR REGISTRATION (MAR 2000) (a) Definitions. As used in this clause-- (1) Central Contractor Registration (CCR) database means the primary DoD repository for contractor information required for the conduct of business with DoD. (2) Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet Information Services to identify unique business entities. (3) Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by Dun and Bradstreet plus a 4-digit suffix that may be assigned by a parent (controlling) business concern. This 4-digit suffix may be assigned at the discretion of the parent business concern for such purposes as identifying subunits or affiliates of the parent business concern. (4) Registered in the CCR database means that all mandatory information, including the DUNS number or the DUNS+4 number, if applicable, and the corresponding Commercial and Government Entity (CAGE) code, is in the CCR database; the DUNS number and the CAGE code have been validated; and all edits have been successfully completed. (b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective Awardee must be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation, except for awards to foreign vendors for work to be performed outside the United States. (2) The Offeror shall provide its DUNS or, if applicable, its DUNS+4 number with its offer, which will be used by the Contracting Officer to verify that the Offeror is registered in the CCR database. (3) Lack of registration in the CCR database will make an Offeror ineligible for award. (4) DoD has established a goal of registering an applicant in the CCR database within 48 hours after receipt of a complete and accurate application via the Internet. However, registration of an applicant submitting an application through a method other than the Internet may take up to 30 days. Therefore, Offerors that are not registered should consider applying for registration immediately upon receipt of this solicitation. (c) The Contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to confirm on an annual basis that its information in the CCR database is accurate and complete. (d) Offerors and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or via the Internet at HYPERLINK "http://www.ccr2000.com" http://www.ccr2000.com. L-13 CERTIFICATION OF ELIGIBILITY FOR CONTRACT AWARD Contractors have the responsibility to notify the Government in the event their firm has been debarred, suspended, or determined ineligible for being awarded government contracts. Failure to provide the certification requirement in Section K may cause the bid/offer to be declared unacceptable and excluded from consideration for contract award. L-14 CERTIFICATE OF CURRENT COST OR PRICING DATA Prior to award of any contract exceeding $500,000, the Contractor may be required to submit a Certificate of Current Cost or Pricing Data as soon as practicable after agreement is reached on contract price. (See Section K) L-15 UNACCEPTABLE INITIAL PROPOSALS Offerors are hereby notified that initial proposal which are found to be unacceptable, and are not subject to being made acceptable without major revisions, may be rejected without affording the Offeror an opportunity to satisfy the requirement of the Government. L-16 USE OF CONTRACTOR SUPPORT SERVICES (a) Prospective Offerors are hereby notified that the Government may use a contractor in conjunction with Government personnel to comprise the Source Selection Evaluation Team. Should the need for contractor support services materialize, the name of the contractor will be furnished to all potential Offerors during the solicitation phase. (b) Contractor personnel used to support the evaluation process will sign non-disclosure statements. While such personnel will be used in the evaluation of proposals, they will not be used to perform any duties related to the source selection decision. Submission of a proposal will be deemed to be the Offeror’s consent to Government use of contractor personnel to support the evaluation process. L-17 INQUIRIES BY OFFERORS All questions regarding this solicitation shall be posted on the Federal Business Opportunities website at: HYPERLINK "http://fedbizopps.gov" http://fedbizopps.gov or e-mail to the following individual: Contracting Officer E-mail: HYPERLINK "mailto:karen.maskew@cpa-iq,org" karen.maskew@cpa-iq,org L-18 SF 33 Proposal. The SF 33 proposal shall consist of a signed SF 33, representations and certifications (Section K), and any other required fill-in clauses and provisions. L.19 Accounting System Review. After receipt of initial proposals, the Government reserves the right to review each Offeror’s accounting system to ensure it is adequate for determining costs applicable to this contract. By submitting a proposal in response to this solicitation, the Offeror and all its employees agree to cooperate fully with the Government during the review. L-20 COMPETITIVE RANGE (a) The Contracting Officer may establish the competitive range. Each Offeror's proposal will be evaluated to determine if the proposal meets the minimum requirements to perform the services for each functional area. Once a proposal is determined to be acceptable, subject to the competitive range determination provisions in FAR Clause 52.215-1(f)(4) of Section L), the proposal will be included in the competitive range and will be eligible for competing with other Offeror proposals received. Proposals that are determined technically unacceptable may be eliminated from further evaluation and consideration at this point. (b) The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. SECTION M EVALUATION FACTORS FOR AWARD M.1. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporated one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): HYPERLINK "http://www.arnet.gov/far/" http://www.arnet.gov/far/ M.2 NEGOTIATION AND SELECTION OF SUCCESSFUL OFFEROR The Contracting Officer 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 technical/management, past performance, and price standpoint. However, the Contracting Officer reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Contracting Officer may reject any or all offers if such action is in the public interest; accept other than the lowest-priced offer; and waive informalities and minor irregularities in offers received. The Government has the right to make multiple awards resulting from this solicitation to the responsible Offeror(s) whose offer(s) conforming to this solicitation will be most advantageous and of greatest value to the Government. Award shall be made to the responsible Offeror(s) submitting the proposal(s) determined to be the most advantageous to the Government as described in this section. Listed below are the factors to be evaluated, in descending order of importance: M.2.1 Technical/Management M.2.2 Past Performance M.2.3 Price M.3 SPECIFIC CONSIDERATIONS WILL BE EVALUATED IN DECENDING ORDER OF IMPORTANCE This is a best-value procurement. The factors and volume contents, in descending order of importance, are: Technical/Management, Past Performance, and Price. When combined, the non-price factors are significantly more important than price. Evaluation will be based, in descending order of importance, on the technical/management solution proposed in response to solicitation requirements, past performance, and price. Award will be based on the lowest priced of the offers having the highest technical/management and past performance ratings, which represent the best value when compared to any lower priced offer. M.3.1 TECHNICAL/MANAGEMENT The Offeror's Technical/Management proposal will be evaluated in accordance with the combined criterion identified below. The Offeror must demonstrate a thorough understanding of the complete range of tasks in the Statement of Work, and present a sound approach for accomplishing them. The Offeror must discuss any risks which are inherent in its approach, as well as methods for reducing those risks. A clear understanding of small business lending operations must be demonstrated. The Offeror must describe resources with respect to the tasks of the Statement of Work. The Offeror must show how it will assume contract responsibilities and adjust to changing mission requirements. In addition, the proposal shall clearly indicate the following: M.3.1.1 The Offeror must have the ability to very quickly begin addressing the needs of the three existing business centers and implement improvements and efficiencies. M.3.1.2 Experience working with business center concepts, especially in the Middle East, that include: effective and targeted needs assessment, marketing and community outreach to attract new users, familiarity with web-based forms of communications and data collection, building an alliance to effectively gain leverage in many aspects of necessary business advocacy, personnel requirements of an effective and successful business center; for-profit incentives and mixture of services to move toward self-sustainability is a necessary requirement. M.3.1.3 Have demonstrated an ability to identify, plan, and deliver a topical and cost effective Speaker’s Program that provides an additional tool to assist the business centers move toward self-sustainability. M.3.1.4 Have experience with all of the various design configurations and issues that are involved with building a Business. M.3.1.5 Possess familiarity with the specifics of the economic hardships that have been entrenched over a long period of time and have the ability to build an effective support services network that will assist Subject Matter Experts (SMEs) gain better access to financing and develop better business skills. M.3.1.6 Most importantly, demonstrate experience, knowledge and competence in designing and successfully executing business plans comparable to those envisaged in this program. M.3.1.7 Expertise of personnel devoted to the program M.3.1.8 Demonstrated technical, managerial, and financial experience and competence in implementing business center concepts M.3.1.9 Experience in managing activities that produced significant results with a high level of responsiveness and flexibility in challenging environments M.3.1.10 Past experience in Iraq M.3.1.11 Appropriateness and efficiency of the contractor’s organizational structure with clear roles and responsibilities for all aspects of the program’s management M.3.1.12 Ability to deliver on all of the initiatives across multi-regional M.3.2 PAST PERFORMANCE. The Offeror's Past Performance proposal will be evaluated in accordance with the combined criterion identified below: M.3.2.1 Within the past 5 years, general and specific experience of the organization and relevant personnel in: the nature and specific tasks and responsibilities of programs such as the Small Business Loan Grant Program; and the Middle East and specifically Iraq. M.3.2.2 Experience in agency, trust, fiduciary or other “trusted third party” services or transactions M.3.2.3 Past Performance will be used to determine contractor responsibility by evaluating the following elements pertaining to the Offeror’s efforts on contracts of similar scope and magnitude. The Offeror must: M.3.2.3.1 Have adequate financial resources to perform the contract, or the ability to obtain them. Acceptable evidence normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel. Consideration of a prime contractor's compliance with limitations on subcontracting will take into account the time period covered by the contract base period or quantities plus option periods or quantities, if such options are considered when evaluating offers for award. M.3.2.3.2 Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments; M.3.2.3.3 Have a satisfactory performance record. A prospective contractor will not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history. A prospective contractor that is, or recently has been, seriously deficient in contract performance shall be presumed to be nonresponsible, unless the contracting officer determines that the circumstances were properly beyond the contractor's control, or that the contractor has taken appropriate corrective action. Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of nonresponsibility. Failure to meet the quality requirements of the contract is a significant factor to consider in determining satisfactory performance. The number of contracts involved and the extent of deficient performance in each contract will be considered when making this determination. The prospective contractor's compliance with subcontracting plans under recent contracts will also be considered. Generally, prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors. Determinations of prospective subcontractor responsibility may affect the Government's determination of the prospective prime contractor's responsibility. A prospective contractor may be required to provide written evidence of a proposed subcontractor's responsibility. The contracting officer reserves the right to directly determine a prospective subcontractor's responsibility. In this case, the same standards used to determine a prime contractor's responsibility shall be used by the Government to determine subcontractor responsibility. M.3.2.3.4 Have a satisfactory record of integrity and business ethics. M.3.2.3.5 Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). M.3.2.3.6 Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and M.3.2.3.7 Be otherwise qualified and eligible to receive an award under applicable laws and regulations. M.3.3 PRICE. The Offeror's Price proposal should provide sufficient detail to enable the evaluators to review proposed expenditures for reasonableness. Prices should be expressed in USD and should be inclusive of any third party expenses or fees for performance of the services herein, including, without limitation, bank fees, legal fees, travel expenses, agents, advisors, taxes, etc. The evaluation of prices will include the following aspects: M.3.3.1 Realism. The evaluate price proposal will be evaluated to determine the overall realism of the proposed technical effort with respect to price. Realism is evaluated by assessing the compatibility of proposed price with proposal scope and effort. Price risk analysis will be based upon technical uncertainties, as well as uncertainties in the proposed price estimates. M.3.3.2 Completeness. Completeness will be evaluated by assessing the Offeror’s responsiveness in providing pricing data for all RFP requirements and items in the Statement of Work, and assessing the traceability of those pricing data. M.3.3.3 Reasonableness. Price proposals will be evaluated for reasonable cost elements. Proposed rates and factors will be verified. The evaluation will assess how well the proposal supports elements of price, work hours, loading factors, and rates over the contract life. Reasonableness is evaluated by assessing the acceptability of the Offeror's methodology used in developing the price estimates. For a copy of the new NGO law, see Annex A The Iraqi Contractors Union claims membership over 13,000 companies. W914NS-04-R-0158 Business Center Program PAGE PAGE 95 Board of Directors Consultant Team Support Office Manager IBCA Executive Director IT Department Business Development Department Business Centers Operations Department Program Development & Support Affiliated Business Centers