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DSCR I112L: NOTICE OF PARTIAL SEC 8(a)/SMALL BUSINESS SET-ASIDE
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Section: I
DPACS Code: I112L
BSM Code:
Clause Number: 52.219-9G04
Type: LOCAL
Clause last updated: 1999-02
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Date of text: 1999-02 (current version)
I112L 52.219-9G04 NOTICE OF PARTIAL SECTION 8(A)/ DSCR (FEB 1999)
SMALL BUSINESS SET-ASIDE
(a) Definitions.
"Small business concern", as used in this clause, 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
size standards in this solicitation.
"Section 8(a) Concern", as used in this clause, means a small
business concern expressly certified by the Small Business Administration
(SBA) for participation in the SBA's 8(a) Program and which meets the
following criteria at the time of submission of offer-
(1) SIC Code _______ is specifically included in the Offeror's
approved business plan;
(2) The Offeror is in conformance with the 8(a) support
limitation set forth in its approved business plan; and
(3) The Offeror is in conformance with the Business Activity
Targets set forth in its approved business plan or any remedial action
directed by the SBA.
(b) General.
(1) A portion of this requirement, identified elsewhere in
this solicitation, has been set aside for award to one or more Section 8(a)
concerns.
(2) Offers on the small business set-aside portion will be
evaluated first and award will be made on that portion in accordance with
the provisions of this solicitation.
(3) The Section 8(a) set-aside portion will be awarded at the
highest unit price(s) in the contract(s) for small business set-aside
portion, adjusted to reflect transportation and other costs appropriate
for the selected contractor(s).
(4) The contractor(s) for the Section 8(a) set-aside portion
will be selected from among the Section 8(a) business concerns that submitted
responsive offers on the small business set-aside portion. Negotiations will
be conducted with the Section 8(a) concern that submitted the lowest responsive
offer on the small business set-aside portion. If the negotiations are not
successful or if only part of the Section 8(a) set-aside portion is awarded to
that concern, negotiations will be conducted with the Section 8(a) concern
that submitted the second-lowest responsive offer on the small business
set-aside portion. This process will continue until a contract or contracts
are awarded for the entire Section 8(a) set-aside portion. In the event that
no Section 8(a) concern can satisfactorily meet the requirements on the Section
8(a) set-aside portion, including providing an offer that is determined to be
at Fair Market Price, the concern that is determined to be the best value to
the government on the small business set-aside portion will also receive the
Section 8(a) portion.
(5) The Government reserves the right to not consider token offers
or offers designed to secure an unfair advantage over other offerors eligible
for the Section 8(a) set-aside portion.
(c) Agreement. For the Section 8(a) set-aside portion of the acquisition,
an Section 8(a) business concern submitting an offer in its own name agrees to
furnish, in performing the contract, only end items manufactured or produced
by Section 8(a) business concerns in the United States. The term "United
States" includes its territories and possessions, the Commonwealth of Puerto
Rico, the trust territory of the Pacific Islands, and the District of Columbia.
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