Support for RightFax by Open Text
The Securities and Exchange Commission (SEC), 100 F Street, NE, Washington, DC 20549, intends to procure support for RightFax by OpenText. (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. It is the offeror's responsibility to monitor this site for the release of amendments (if any). (ii) The Request for Quote (RFQ) number is 50310218Q0088 and shall be referenced on any offer submitted. (iii) This solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) 2005-101, effective July 20, 2018. Provisions and clauses incorporated by reference have the same force and effect as if they were given full text. (iv) The North American Industry Classification System (NAICS) code for this acquisition is 541519 and the business size standard is $27,500,000.00. This RFQ is being solicited as a small business set-aside. (v) The U.S. Securities and Exchange Commission (SEC) intends to award a firm fixed price purchase order in accordance with FAR Subpart 13 in conjunction with FAR Part 12, Acquisition of Commercial Items for support for RightFax by OpenText; brand name only. (vi) Period of performance: September 1, 2018 tough August 31, 2021 with two (2) one (1) year option periods. Place of Delivery: U.S. Securities and Exchange Commission, Office of Information Technology, 100 F Street, NE, Washington DC, 20549. (vii) The following addenda to FAR provision 52.212-1, Instructions to Offerors -Commercial (Jan 2017) applies to this acquisition: 1. Offerors shall follow the guidelines below in preparing its response. All documents should be submitted electronically in MS Word/Excel or compatible format. 2. Offerors shall submit a complete Attachment 1 - Pricing. 3. Offerors shall submit offers electronically to turnerc@sec.gov with a copy to taylorank@sec.gov no later than 3PM ET, August 23, 2018. All questions shall be submitted to taylorank@sec.gov and turnerc@sec.gov no later than 1PM ET, August 21, 2018. Oral questions (telephone) will not be addressed or entertained. 4. Your quote must be based on the terms of this RFQ. Any exceptions, deviations or conditional assumptions to the requirements of the solicitation must be clearly stated and explained within the first two pages of both the technical and price quote. Exceptions, Deviations, and conditional assumptions may render your company's offer non-compliant and in-eligible for award. IMPORTANT NOTICE TO CONTRACTORS: All prospective awardees are required to have an active SAM registration at time of quote submission and are required to maintain active registration during the life of the contract. SAM can be accessed at https://www.sam.gov. (viii) The following addenda to FAR provision, 52.212-2, Evaluation -Commercial Items (Oct 2014) applies to this acquisition: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factor(s) shall be used to evaluate offers: (i) Technically Acceptable (ii) Price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (ix) The offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certification -Commercial Items (Jan 2017), with its offer. An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) tough (o) of this provision. (x) FAR clause 52.212-4, Contract Terms and Conditions -Commercial Items (Jan 2017), applies to this acquisition. (xi) FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (July 2018) applies to this acquisition of which the additional FAR clauses are applicable to the acquisition: 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.219-4, Notice of Total Small Business Set-Aside (Nov 2011) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) 52.222-3, Convict Labor (June 2003) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Sep 2016) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50, Combating Trafficking in Persons (Mar 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) The following additional terms and conditions are applicable to this acquisition: (xii) Additional FAR Clauses and Local Instructions0 FAR Clauses Incorporated By Reference: 52.204-18 - Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-4 - Contract Terms and Conditions -- Commercial Items (Jan 2017) 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 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 days of contract expiration. 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 at any time within the period of performance provided that the Government gives the Contractor a preliminary written notice of its intent to extend 15 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 five (5) years. 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): https://www.acquisition.gov/?q=browsefar Applicable SEC instructions: 2002.00 Marking (Mar 2009) All information submitted to the Contracting Officer, the POC, or his/her designated contact shall clearly indicate the number of the contract for which the information is being submitted. 3001.01 Inspection and Acceptance by the Contracting Officer's Representative (COR) (Aug 2013) Inspection and Acceptance of supplies and/or services to be furnished under this contract will be performed by the Contracting Officer's Representative (COR) - TBD. Inspection and Acceptance will be performed at the U.S. Securities and Exchange Commission, 100 F Street, NE Washington, DC 20549. 4001.00 Period of Performance w/Option Years (Mar 2009) The base period of performance under this contract shall be from 09/01/2018 tough 08/31/2021. This contract has two (2) option periods. At the end of the base period, if exercised, the first option will begin. If all options are exercised, the period of performance will not exceed a total of five years. If exercised, the period of performance for each successive option will begin the day after expiration of the previous period. Exercise of any option requires a contract modification signed by the SEC Contracting Officer. The Period of Performance for Option Period 1 is 09/01/2021 - 08/31/2022. The Period of Performance for Option Period 2 is 09/01/2022 - 08/31/2023. 4003.00 Place of Delivery- FOB Destination (June 2013) 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 100 F Street NE Washington DC, 20549 5001.00 Contract Administration (Aug 2011) This contract/delivery order will be administered by the SEC's Office of Acquisitions. All inquiries should be directed to the following address: Securities and Exchange Commission Office of Acquisitions Attn: Cistina Turner Phone: 202-551-8187 Email: turnerc@sec.gov 100 F Street, NE Washington, DC 20549 5003.00 Submission of Invoices (April 2012) The Securities and Exchange Commission accepts only electronic/e-mail invoices. Invoices shall be submitted on a submission of deliverable 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 Invoicing (Mar 2009) 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. 5003.03 Option Period Invoicing (Mar 2009) Option periods may be paid only after (1) an option modification has been issued by the Contracting Officer; and (2) the Government's receipt of a proper invoice from the Contractor. An invoice received by the Government prior to issuance of an option modification will be rejected as an improper invoice. 5004.00 Appointment of Contracting Officer's Representative (COR) (Nov 2012) a. TBD, is hereby designated the Securities and Exchange Commission COR for administration and information relating to this contract. b. The Contracting Officer (CO) shall appoint, in writing, a Contracting Officer's Representative (COR) and, if possible, an Alternate COR for this award. The COR and Alternate COR shall have a current Federal Acquisition Certification for CORs (FAC-COR) at the appropriate certification level for the contract. A COR may serve on a contract requiring certification at or below his/her level, but not on one requiring a higher level. The CO shall provide the Contractor with a copy of the COR appointment letter(s). The COR may not re-delegate his or her authority; only the CO has this authority. c.The COR will manage the contract in coordination with the CO and within the terms of the contract and the boundaries of a COR's duties as outlined in the document "Instructions for CORs and Their Supervisors." The COR's responsibilities include reviewing invoices and charges by the Contractor and informing the CO of areas where exceptions are taken. If this is an award for services and contractor personnel are brought on-site to SEC facilities, the COR must adhere to SECR 10-24. d.Only the CO has the authority to change the terms and conditions of this contract. The COR may request a contract modification, but the CO will make the final determination. The COR may not agree to or issue a change to the contract terms and conditions. In the event the Contractor effects changes to the contract at the direction of any person other than the CO, the changes will be considered to have been made without any authority and no adjustments will be made to the contract. 5005.00 Contract Options (Mar 2009) (a) Award of an initial contract will not obligate the Government to exercise any contractual option. Prior to exercising any option, the Government will make a determination that (1) funds are available, (2) the requirement covered by the option fulfills an existing need of the Government, and (3) the exercise of the option is the most advantageous method of fulfilling the Government's need, price and other factors considered. (b) Failure to exercise an option shall not obligate the Government to pay any charges other than the contract price including exercised options. 5007.00 Payment Information (Mar 2018) Unless otherwise stated, payment will be made within the guidelines of the Prompt Payment Act and requires that payment is made within 30 days from receipt of a valid invoice. 6002.00 Type of Contract (Mar 2009) This is a firm-fixed price type contract. 6003.00 Representations and Certifications (Mar 2009) The Contractor's completed Representations, Certifications, and Other Statements of Offerors or Respondents is incorporated herein by reference. 6012.02 Section 508 Requirements (Mar 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 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 Applications 36 CFR 1194 Section 23-Telecommunication Products 36 CFR 1194 Section 24-Video and Multimedia 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. 6012.02 *A.01 Electronic and Information Technology (Mar 2009) In accordance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), all EIT supplies or services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR Part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101. 6012.04 Electronic and Information Technology Accessibility (Mar 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, 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. 6012.05 Personally Identifiable Information (PII) (Jun 2013) A Contractor that designs, develops, or operates a system of records on individuals, or otherwise collects or has access to personally identifiable information (PII) in the performance of this contract shall, prior to taking such action, comply with the following requirements: (a) The Contractor shall have established policies and procedures in place to safeguard SEC PII. The policies and procedures shall provide the Contractor's processes for identifying, assessing and mitigating privacy risks associated with PII. The policies and procedures shall also cover training of employees on their roles and responsibilities for safeguarding SEC PII and incident management of suspected or confirmed loss of SEC PII 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. (b) The Contractor shall also ensure that all processes, procedures and equipment associated with PII comply with all laws, regulations, and security mandates as defined by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-61 Revision 1 and are aligned with the incident categories and timelines referenced in Table J-1 of NIST SP 800-61, as well as U.S. government and SEC policies developed to safeguard the confidentially, integrity and availability of SEC data that may contain PII. In support of these requirements, the Contractor shall have: policies, procedures, and mechanisms designed to restrict access to SEC data on Contractor, subcontractor, or SEC inter/intra agency partner systems exclusively to authorized personnel; policies, procedures, and mechanisms that prevent transmission or disclosure of SEC data to an unauthorized party; policies, procedures, and mechanisms that ensure SEC data on portable devices are encrypted using methods compliant with Federal Information Processing Standard 140-2; and policies, procedures, and mechanisms that ensure SEC data transmitted across public networks (i.e., the Internet) by the Contractor, or its employees, agents or subcontractors, are protected using encryption compliant with Federal Information Processing Standard 140-2. (c) The Contractor shall provide quarterly assessments to the SEC demonstrating that the policies, procedures, and mechanisms required by (b) continue to be functional, that the Contractor is compliant with these requirements, and that these requirements are effective. (d) The Contractor shall provide a copy of its privacy policies to the Contracting Officer. The Contractor shall also provide a copy of the policies and procedures (or otherwise make such policies and procedures available) to all of its employees, agents, and subcontractors assigned to perform the requirements set forth in this contract. (e) The Contractor shall ensure that those individuals adhere to the Contractor's policies and procedures relating to PII and to SEC-prescribed policies and procedures for the safe handling of SEC PII, including privacy and security training requirements and privacy incident management. (f) The Contractor's employees, agents, and subcontractors shall immediately alert the SEC of any event, including the suspected or confirmed loss of SEC PII, 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 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..
50310218Q0088 Securities and Exchange Commission
8/20/18, 11:09 AM