PRESOL | D | MATLAB Software Licenses/Components

FBO DAILY ISSUE OF JUNE 06, 2012 FBO #3847
SOLICITATION NOTICE

D -- MATLAB Software Licenses/Components

Notice Date: 6/4/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 511210 — Software Publishers
Contracting Office: Securities and Exchange Commission, Office of Acquisitions, Office of Acquisitions, 100 F Street, NE, MS-4010, Washington, District of Columbia, 20549, United States
ZIP Code: 20549
Solicitation Number: SECHQ112Q8004
Archive Date: 6/20/2012
Point of Contact: Rob Sudhoff,
E-Mail Address: sudhoffr@sec.gov
(sudhoffr@sec.gov)
Small Business Set-Aside: N/A
Description: COMBINED SYNOPSIS/SOLICITATION TITLE: MATLAB Software Licenses/Components This is a combined synopsis/solicitation for commercial item prepared in accordance with the format in FAR Subpart 12.6, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, bids are being requested and a written solicitation will not be issued. The solicitation number is SECHQ112Q8004 and is issued as a Request to Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-58A. The associated North American Industrial Classification System (NAICS) code for this procurement is 511210 with a size standard $25.0. This requirement is to award a Sole Source order for purchase of MATLAB Software Licenses/ Components under the authority of FAR 6.302-1(a)(2) to The MathWorks, Inc., 3 Apple Hill Drive, Natick, MA 01760-2098. The above named vendor is believed to be the only source for this service. The scope of work includes the following: U.S. Securities and Exchange Commission’s (SEC) - MATLAB Software Licenses/ Components: CLIN 0001 – MATLAB (MLDWL), QTY: 10 EA; CLIN 0002 – Curve Fitting Toolbox (CFDWL), QTY: 10 EA; CLIN 0003 – MATLAB Compiler (CODWL), QTY: 1 EA; CLIN 0004 – Database Toolbox (DBDWL), QTY: 10 EA; CLIN 0005 – Financial Derivatives Toolbox (DEDWL), QTY: 10 EA; CLIN 0006 – Datafeed Toolbox (DFDWL), QTY: 10 EA; CLIN 0007 – MATLAB Builder EX (EBDWL), QTY: 1 EA; CLIN 0008 – Econometrics Toolbox (ETDWL), QTY: 10 EA; CLIN 0009 – Financial Toolbox (FIDWL), QTY: 10 EA; CLIN 0010 – Fixed-Income Toolbox (FXDWL), QTY: 10 EA; CLIN 0011 – Optimization Toolbox (OPDWL), QTY: 10 EA; CLIN 0012 – Symbolic Math Toolbox (SMDWL), QTY: 10 EA; CLIN 0013 – Statistics Toolbox (STDWL), QTY: 10 EA; CLIN 0014 – First Year MathWorks Software Maintenance Service, QTY: 1 EA. The selected Offeror must comply with the following commercial item terms and condition, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors – Commercial applies. Offerors must submit a completed copy of provisions at FAR 52.212-3, Offerors Representations and Certification – Commercial Items, with its offer, unless the vendor has registered and completed the provisions under ORCA; FAR 52.212-4, Contract Terms and Conditions and 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Items, paragraph (a): 52.222-50 and the following clauses in paragraph (b): 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-33 and 52.223-18, 52.215-20, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data. The full text of the referenced FAR Clauses may be accessed electronically at http://www.arnet.gov/far. SEC Clauses are incorporated as follows: Packaging and Marking: 2001.00 Packaging and Marking Preservation, packaging, packing, and marking of all deliverable contract line items must conform to normal commercial packing standards to assure safe delivery at destination. 2002.00 Marking. All information submitted to the Contracting Officer (CO), the Contracting Officers Technical Representative (COTR), or his/her designated contact shall clearly indicate the number of the contract for which the information is being submitted. Inspection and Acceptance: 3001.00 Inspection and Acceptance (Mar 2012). Abu Khan, khanA@sec.gov, will accomplish inspection and acceptance of the supplies 2 and/or services to be furnished under this contract and inspection and acceptance of the final delivery. Inspection and acceptance will be performed at the Securities and Exchange Commission, Office of Information Technology, 6432 General Green Way, Alexandria, VA 22312 /100 F Street, NE, Washington, DC 20549. Deliveries or Performance: 4001.00 Period Of Performance - without options. The period of performance for CLINS 0001 through 00014 is one year from date of award. 4003.00 Place of Delivery - FOB Destination. The deliverables to be furnished under this contract shall be delivered to the following address: U.S. Securities and Exchange Commission, Office of Information Technology, 6432 General Green Way, Alexandria, VA 22312-2413 /100 F Street, NE, Washington, DC 20549, Attn: Asset Management Branch, Phone Number: Raymond Thorpe, Email: thorpeR@sec.gov. 4004.00 Documenting, Inspecting, and Accepting Contract Deliverables. The contractor shall submit all deliverables requiring a transmittal sheet with either the attached Deliverable Transmittal Sheet or an alternative transmittal sheet that contains substantially the same information. Contract Administration Data: 5001.00 Contract Administration Data. This contract will be administered by the SEC’s Office of Acquisitions. All inquiries should be directed to the following address: Securities and Exchange Commission, Attn: Dora Sanders, (202) 551-8443, E-mail: sandersd@sec.gov, Room Number 1400 /Mail Stop O-20, 100 F Street NE, Washington, DC 20549. 5003.00 Submission of Invoices. 5003.00 Submission of Invoices (Apr 2012). The Securities and Exchange Commission accepts only electronic/e-mail invoices. Invoices shall be submitted on a [ insert Frequency of Invoice Submission here] basis. Contractors should submit invoices in accordance with the SEC Prompt Payment Provision of the contract. Contractors are cautioned against submitting an invoice prior to goods and services being received/accepted. Invoices submitted prematurely may be rejected. Electronic/e-mail Invoice Instructions: Invoices must be in PDF Format and may not exceed 10MB, Subject Line: Company name and the invoice number e-mail Message: Company logo or letterhead, Company name and payment address, Company point of contact (POC) for the invoice with phone and e-mail, Invoice Number, SEC Contract or Order number, SEC COR. For supplies: contract line item number, item description, quantity delivered, and unit and extended price, per Section B CLIN structure. For services: contract line item number, item description, period of performance and associated costs, per Section B, contract line item, CLIN, structure, Shipping and handling charges, if applicable, Clearly mark duplicates of previous invoice submissions with 'DUPLICATE', Clearly mark the final invoice with 'FINAL INVOICE', Attach the invoice and any supporting documents in a secure tamper-proof or tamper-resistant format compatible with Adobe Acrobat. Electronic signatures are acceptable in scanned documents. Each page of a document must be clearly marked with information identifying it with the company, the contract, the invoice, and any other information required by the contract. E-mail invoices to the following address: 9-AMC-AMZ-SEC-Invoices@faa.gov. 5003.02 Software License Maintenance and Subscription Service. It is customary commercial practice to pay for software licenses maintenance at the beginning of the contract period of performance, after submittal of a proper invoice. CLINs 0001 through 0014 may be invoiced at the beginning of the month of service. Special Contract Requirements: 6002.00 Type of Contract. This is a Firm Fixed Price type contract. 6006.00 Conflicts of Interest. (a) General. Subpart 9.5 of the Federal Acquisition Regulation 48 C.F.R. 9.5, prescribes responsibilities, general rules, and procedures for identifying, evaluating, and resolving organization conflicts of interest. (b) Purpose. The purpose of this clause is to avoid, neutralize, or otherwise mitigate organizational conflicts of interest which might exist related to a Contractor’s performance of work required by this contract. Such conflicts may arise in situations including, but not limited to: a Contractor’s participation, as an Quoter or representative of an 3 Quoter, in a procurement in which it has provided assistance in the preparation of the Government’s requirements and specifications; a Contractor’s providing advisory assistance to the Government in a procurement in which the Contractor’s firm or one which the Contractor represents is an actual or potential Quoter; and a Contractor’s participation, as an Quoter or representative of an Quoter, in a procurement where the Contractor has obtained confidential or proprietary information relating to competing Quoters as a result of the Contractor’s work on prior task orders. (c) Definition. For purposes of this clause, the term “Contractor” means: The Contractor; any of the Contractor’s parents, affiliates or other entities in which the Contractor or such parents or affiliates have a financial interest; successors in interest to the Contractor or any of its parents or affiliates; proposed consultants or subcontractors at any tier; and employees thereof. (d) Restrictions. The Contractor agrees: (1) To remain ineligible to participate in any capacity (including participating as a prime contractor, subcontractor, or as the representative of another party) in contracts, subcontracts, or quotes (whether solicited or unsolicited) that directly relate to the Contractor’s performance of work under this Contract. (2) Prior to beginning work on a task order, to execute such Confidentiality Agreements, Statements of Non-Disclosure or other documents which the Contracting Officer may, in his/her sole discretion, require in order to protect the proprietary nature or confidentiality of information provided by the Government or otherwise received by the Contractor in connection with its work under this Contract. (3) As otherwise provided in this Contract, not to accept any compensation or any other form of payment from a broker, potential lessor, or any source other than the Government for services rendered under this Contract, and to employ aggressive strategies to minimize the Government’s lease costs where the Contractor would entitled by common business practice to received a real estate commission or any form of payment from a broker, potential lessor, or other party, for work performed under this Contract. (4) To immediately notify the Contracting Officer of any offer of compensation, other form of payment, or thing of value, made by a broker, potential lessor, or any source other than the Government to the Contractor related to services rendered under this Contract, regardless of whether such offer was made during Contractor’s performance of work under a given task order or subsequent to Contractor’s completion of work under such task order. (5) Prior to the acceptance of a task order request, to immediately notify the Contracting Officer of any potential conflict of interest which would prevent or limit the Contractor’s ability to perform the work requested. (6) To immediately notify the Contracting Officer of any conflict of interest discovered during Contractor’s performance of work pursuant to a Government issued task order; provided that the Contracting Officer shall have the right to impose such restrictions as he/she deems appropriate on Contractor’s performance based on the existence of such a conflict or, if the Contracting Officer determines that such restrictions would not adequately address the conflict of interest at issue, to terminate the Contractor’s performance of work under the task order at no cost to the Government. (7) As otherwise provided in this Contract, that if the Contractor declines to accept a task order request and subsequently participates (either directly or as a representative of another party) in a Government contracting action that was the subject of the task order request, then the fee which the Contractor would have been entitled to receive for such task order work or the fee actually paid by the Government for the task order’s performance by another contractor, whichever is greater, shall be applied toward the Contractor’s minimum ordering guarantee. (8) That in the event that Contractor knowingly withholds the existence of a conflict of interest from the Government, that the Contracting Officer may terminate this Contract at no cost to the Government and any minimum guarantee(s) otherwise applicable to the Contractor will be forfeited; provided, that the foregoing shall be in addition to all other remedies and causes of action which the Government may have against the Contractor, including the suspension and/or 4 debarment of the Contractor. (9) To include this Conflict of Interest clause, including this subparagraph, in all of the Contractor’s subcontracts at all tiers (appropriately modified to preserve the Government’s rights hereunder) which involve the performance of work by subcontractors in support of this Contract. (10) That, in addition to the remedies enumerated above, the Government may terminate this Contract for cause in the event of the Contractor’s breach of any of the above restrictions. (e) The prohibition against performing work that “directly relate(s) to the Contractor’s performance of work under this Contract” refers only to work involving the evaluation, assessment, and development of specifications for the automated procurement system provided by [To Be Determined] Specifically, the fact that an agency procurement is performed using the automated procurement system shall not be used as a basis for excluding [ insert vendor’s/contractor’s name here] (or any [ insert vendor’s/contractor’s name here] -related entity or affiliate) from participation in the procurement. 6007.00 Compliance with Regulations. The Contractor shall comply with all statutes, regulations, directives, instructions, and references applicable to the conduct of this acquisition as imposed by the Federal Government and the SEC, including, without limitation, those specified or referred to in this contract. The Contractor and its employees shall become acquainted with and shall comply with the rules and regulations of the SEC’s facilities, including, but not limited to security, controlled access, personnel clearances, and conduct with respect to health and safety at the site, regardless of whether or not title to the facility is vested in the SEC. 6010.04 Contractor Responsibilities/Standards of Conduct. The Contractor shall furnish all managerial, supervisory, and personnel to successfully, effectively, and efficiently accomplish all work required by this contract. Contractor personnel are employees of the Contractor and under its administrative control and supervision. The Contractor shall select, supervise and exercise control and direction over its employees under this contract. The SEC will not exercise any supervision over the Contractor’s employees. The Contractor is accountable to the SEC for the actions of its personnel. The Contractor’s employees, when on-site at SEC facilities under this contract, shall only engage in duties specified in Section C, and not in other business, or political, charitable or other duties. The Contractor shall not recruit on SEC premises or otherwise act to disrupt official SEC business. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary. Contractor employees are expected to adhere to standards of conduct that reflect credit on themselves, their employer, the SEC and the Federal Government. The Contractor shall include the substance of this clause in any of its subcontracts. 6012.01 Compliance with Security Regulations, Policies and Procedures (Mar 2012). The Contractor shall be responsible for compliance by its employees with SEC security regulations, policies, and procedures. This includes safekeeping, wearing, and visibility of identification badges. The SEC will issue Contractor identification badges to on-site Contractor personnel, and the badges shall be visible at all times while employees are on SEC premises. The Contractor shall provide all requested information (the SEC will provide forms to the Contractor at time of award) required to facilitate issuance of identification badges and shall conform to applicable regulations concerning the use and possession of the badges. The Contractor shall be responsible for ensuring that all identification badges issued to the Contractor employees are returned within forty-eight (48) hours following the completion of the contract, relocation, or termination of an employee and/or request of the Contracting Officer or the Contracting Officer's Representative (COR). 6012.02 Section 508 Requirements (March 2011). Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, and/or used under this contract/order must 5 comply with the Electronic and Information Technology Accessibility Provisions set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in FAR 39.2.The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/provisions.htm. All EIT products must comply with the following standards. Descriptions of the standards are viewable at the link Section 508 Standards. 36 CFR 1194 Section 21 - Software applications and operating systems 36 CFR 1194 Section 22 - Web-based Intranet and Internet Information and Application 36 CFR 1194 Section 23 - Telecommunication Products 36 CFR 1194 Section 25 - Self-contained, closed products 36 CFR 1194 Section 26 - Desktop and Portable Computers 36 CFR 1194 Section 31-Functional Performance Criteria 36 CFR 1194 Section 41-Information, documentation, and support Offerors that fail to demonstrate compliance with the above standards, or provide equivalent salient characteristics, may be eliminated from further consideration for award. The Contractor shall indicate for each line item in the schedule whether each product or service is compliant or non-compliant with the accessibility standards at 36 CFR 1194 using a Voluntary Product Accessibility Template (VPAT). Further, the quote must indicate where full details of compliance can be found (e.g., vendor’s website or other exact location). The offeror further represents that all EIT products and services that are less than fully compliant have been reviewed and plans to correct are in place. Respondents to this solicitation must provide any additional detailed information necessary for determining applicable Section 508 standards conformance, as well as for documenting EIT products and/or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products and/or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 standards, and it is later determined by the Government – i.e., after award of a contract/order, that products and/or services delivered do not conform to the described accessibility, remediation of the products and/or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense. (End of Provision) 6012.04 Electronic and Information Technology Accessibility (March 2011). Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194 ). If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses: The right to Termination of the contract, delivery or task order, purchase or line item without termination liabilities pursuant to the contract termination clauses; or In the case of custom Electronic and Information Technology (EIT) being developed for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm and the contractor shall reimburse the Government for any expenses incurred thereby. For every EIT product or service accepted under this contract by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either the planned refresh cycle of the product or service, or on the contract renewal date, whichever shall occur first. In the event of a modification(s) to this contract/order, which adds new EIT products and services or revises the type of, or specifications for, products and services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor provide an update of information provided in the solicitation to identify EIT compliance. Under any maintenance agreement, 6 Contractor agrees to maintain compliance with Section 508 of the Rehabilitation Act of 1973 for all EIT. In order to comply with 36 CFR 1194 Section 41, the Contractor shall submit all soft copies (e.g., user manuals, product documentation, etc.) in a format that will be readable using assistive technology, (e.g., screen reader). All imbedded charts, graphs, pictures, etc., must be accessible and understandable using a screen reader. (End of Clause). 6012.05 Personally Identifiable Information (PII) (Jan 2012). The Contractor shall have established policies and procedures in place to safeguard SEC Personally Identifiable Information (PII) and other confidential or non-public information. The policies and procedures shall also cover training of employees on their roles and responsibilities for safeguarding SEC PII and other confidential or non-public information and incident management of suspected or confirmed loss of SEC PII or other confidential or non-public information. The Contractor shall provide a copy of its privacy policies to the Contracting Officer. For any systems containing SEC PII or other confidential or non-public information, the contractor shall provide its processes for identifying, assessing and mitigating privacy risks associated with data in the system. The Contractor shall also ensure that all of its employees, agents, and subcontractors assigned to perform the requirements set forth in this contract adhere to SEC-prescribed policies and procedures for the safe handling of SEC PII and other non-public information, including privacy and security training requirements and privacy incident management. The Contractor shall establish policies and procedures that implement federal laws related to incident management, in accordance with OMB’s Recommendations for Identity Theft Related Data Breach Notification, September 20, 2006, and OMB Memorandum M-07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information, May 22, 2007. The Contractor’s employees, agents, and subcontractors shall immediately alert the SEC of any event, including the suspected or confirmed loss of SEC PII or other confidential or non-public data, that could potentially affect the privacy rights of individuals or which violates any federal law, regulation, mandate or requirement as defined in NIST 800-122 by contacting the SEC Information Systems Security point of contact and the SEC Incident Response Team at cops@sec.gov. The Contractor shall act in accordance with its policies and procedures in the event of any suspected loss of SEC PII and other non-public information and shall support the SEC’s investigation and resolution of reported incidents as requested by the SEC. For purposes of this Clause, a “suspected loss of PII” shall be interpreted liberally to mean any situation in which the loss of PII or unapproved access to PII is deemed a reasonable possibility. &emsp; 6014.00 Use of Contractor Data and/or Materials. The Contractor acknowledges and agrees to the following: The SEC anticipates using the data and/or materials to conduct analyses for use in reports, studies, memoranda, and presentations. The SEC anticipates the following types of situation where analyses based on underlying data may be made public: by the SEC itself (E.g., SEC rulemaking and/or analysis done as part of an inspection or enforcement action), by SEC staff where the SEC is directing or facilitating the publication (e.g., a staff study in response to a Congressional request), by SEC staff facilitating their own private publication where the Commission has not taken a position regarding the publication of the analysis(e.g., a research report to be submitted by the individual staff to an academic conference or journal), and a former employee of the SEC who has substantially completed the analysis while on staff and is facilitating his/her own private publication( e.g., a research report to be submitted to an academic conference or journal). In all of these situations, only “insubstantial amounts” of the licensed data and/or material would be made public and no raw data would be made public, the authors would agree to abide by all contractual terms and conditions, and as the owner/licensor of the data the Contractor would receive attribution and be cited as the data source. “Insubstantial amounts” means an amount that has no independent commercial value and could not be used as a substitute for the service or product or any part of it. Representations, Certifications, and Other Statements of Bidders: 6003.00 Representations & Certifications. The Contractor's completed Representations, Certifications and Other Statements of Offerors or Respondents is located at https://orca.bpn.gov/. 7 52.209-5 Certification by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (FEB 2012). Certification by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (FEB 2012): (a) In accordance with sections 630 and 631 of Division C of the Consolidated Appropriations Act, 2012 (Publ. L. 112-74), none of the funds made available by the Act may be used to enter into a contract with any corporation that (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation) of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interest of the Government. (b) The Offeror certifies that – (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agency of such corporation acting on behalf of the corporation) of a felony criminal violation under any Federal law within the preceding 24 months. _______________________________ ________________________ Corporate Officer’s Signature Date _______________________________ ________________________ Name of Corporation Solicitation Number The Government will not be responsible for any costs associated with the preparation of responses to this announcement. Offerors must be registered in the Central Contractor Registration (CCR) database before an award can be made to them. If the Offeror is not registered in the CCR, it may do so through the CCR website at http://www.ccr.gov. Offers must be submitted electronically by Email to Robert Sudhoff no later than 4:00 PM EDT on June 05, 2012. The contact information is as follows: Email: sudhoffr@sec.gov.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/SEC/OAPM/PCB/SECHQ112Q8004/listing.html)
Place of Performance: Address: U.S. Securities and Exchange Commission, Office of Information Technology, 6432 General Green Way, Alexandria, VA 22312-2413 /100 F Street, NE, Washington, DC 20549, Attn: Asset Management Branch, Phone Number: Raymond Thorpe, Email:, thorpeR@sec.gov., Alexandria, Virginia, 22312, United States; Zip Code: 22312
Record: SN02765227-W 20120606/120604235026-29ca44090a4419344fa25fe5fc7a3a7b (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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D -- MATLAB Software Licenses/Components