Combined Synopsis Solicitation 50310225Q0065 (Global Market Pricing data subscription).pdf

SEC Combined Synopsis/Solicitation: 50310225Q0065

The United States Securities and Exchange Commission (SEC), 100 F Street, NE, Washington, DC 20549, intends to procure a subscription to global market pricing data that covers a broad range of securities, including global equities, fixed income, and certain categories of futures and options. The data subscription shall also cover global exchange rates and security master file information with at least a ten-year history for all securities that were in the marketplace, with point-in-time identifiers as well as any changes to these identifiers. Please refer to Solicitation Attachment 1 – SEC Requirements List for a complete description of the requirement.

NOTE: The SEC is requesting a Commercial-off-the-Shelf (COTS) subscription. The SEC is not seeking a subscription product that requires development. Additionally, all offerors must have an active registration in the System for Award Management (www.sam.gov) and Unique Entity Identifier (UEI) by the quote submission deadline.

(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 solicitation number is 50310225Q0065 and is issued as a Request for Quote (RFQ).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03, effective January 17, 2025. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text.

(iv) The North American Industry Classification System (NAICS) code for this acquisition is 519290 and the small business size standard is 1,000 employees. This combined synopsis/solicitation is issued unrestricted.

(v) Listing of line item numbers with period of performance:

Note: the SEC is requesting a Base Year and four (4) Options Years.

DESCRIPTION PERIOD OF PERFORMANCE

CLIN 00001

BASE YEAR: The contractor shall provide subscription to global market pricing data in accordance with Attachment 1 - SEC Requirements List.

Sept. 1, 2025 – Aug. 31, 2026

CLIN 00002

OPTION YEAR 1: The contractor shall provide subscription to global market pricing data in accordance with Attachment 1 - SEC Requirements List.

Sept. 1, 2026 – Aug. 31, 2027

CLIN 00003

OPTION YEAR 2: The contractor shall provide subscription to global market pricing data in accordance with Attachment 1 - SEC Requirements List.

Sept. 1, 2027 – Aug. 31, 2028

CLIN 00004

OPTION YEAR 3: The contractor shall provide subscription to global market pricing data in accordance with Attachment 1 - SEC Requirements List.

Sept. 1, 2028 – Aug. 31, 2029

CLIN 00005

OPTION YEAR 4: The contractor shall provide subscription to global market pricing data in accordance with Attachment 1 - SEC Requirements List.

Sept. 1, 2029 – Aug. 31, 2030 http://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P292_49018

(vi) Description of requirements: see Attachment 1 – SEC Requirements List for a full description.

(vii) Period of performance: the SEC is requesting a Base Year and four Option Years.

(viii) The provisions at FAR 52.212-1, Instructions to Offerors – Commercial Items (SEP 2023), applies to this acquisition. The following addenda applies to this acquisition:

The SEC is requesting a technical quote, including a technical presentation, a separate price quote, and supplemental documentation. Below are complete details for the quotation requirements:

Technical Quotation:

1. Offerors shall provide a written technical quote that clearly describes the breadth of global market pricing data provided by your company’s COTS subscription product. The written technical quote shall provide details on the depth and completeness of global market pricing data coverage including at least a ten-year history for all securities that were in the marketplace, with point-in-time identifiers as well as any changes to these identifiers. The technical quote shall be limited to 7 pages (Note:

Cover Page does not count against page limit).

2. Offerors shall complete and submit Attachment 2 - Requirements Checklist Matrix to indicate whether or not your company’s subscription meets each of the SEC’s Requirements.

3. Offerors will be provided a 60-minute timeslot to make a technical presentation via WebEx. The presentation shall demonstrate the ability of your company’s subscription product to meet the SEC’s requirements and display the breadth of global market pricing data coverage offered by the subscription. The final 20 minutes of the presentation will be reserved for questions from the SEC.

During this period, the SEC will ask companies to perform searches of securities that fall within a ten-year history in the marketplace, with point-in-time identifiers as well as any changes to these identifiers. The SEC anticipates scheduling the technical presentations for Mid-July (subject to change based on SEC availability). The SEC will contact offerors to provide a timeslot for the presentation after receipt of written quotations.

Price Quotation:

Offerors shall provide a written price quote with a firm fixed price for each contract term (CLIN) outlined in the table of paragraph (v) on Page 1: Base Year and four Option Years. The pricing shall be inclusive of all fees and the SEC requests all available price discounts.

Supplemental Documentation:

Offerors shall complete and submit Attachment 3 – Offeror Verification for Contractual Terms to confirm registration in SAM.gov and acceptance of solicitation terms, and list any exceptions, deviations or conditional assumptions if applicable. Additionally, offerors shall submit any applicable License agreement and/or terms of service (TOS) agreement to the SEC for review with quote submission.

Question and Quote Submission Deadline: All questions for this solicitation shall be submitted in writing via email to garrettj@sec.gov by no later than 3:00 PM ET, June 12, 2025. The SEC’s responses to questions will be posted on SAM.gov.

The quote submission deadline for this solicitation is 3:00 PM ET, June 25, 2025. Offerors shall submit both the written technical and price quotes electronically via email to garrettj@sec.gov by the deadline.

The submission shall also include completed Attachments 2 & 3.

The SEC will contact offerors to provide a timeslot for the technical presentation (via WebEx) after receipt of written quotations. The SEC anticipates scheduling the technical presentations for Mid-July (subject to change based on SEC availability).

(ix) The provision at FAR 52.212-2, Evaluation – Commercial Items (NOV 2021) applies to this acquisition.

(a) The Government intends to 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. Below is a description of the evaluation procedures that the SEC will use to evaluate quotes received for this solicitation:

In accordance with FAR 13.106-2, the SEC has broad discretion in fashioning suitable evaluation procedures. The SEC intends to use comparative evaluation of quotes to determine the best response.

The SEC will use comparative evaluation for both price and technical capability. The SEC will compare quotes with each other in a uniform and fair manner to determine which quote best meets the SEC’s requirement as a whole. For technical capability, the SEC will evaluate and compare each offeror’s breadth and completeness of global market pricing data coverage as demonstrated in the written technical quote and technical presentation. The SEC reserves the right to select a response that provides benefit to the SEC that exceeds the minimum but is not required to do so. Responses may exceed the minimum requirements but the SEC is not requesting or accepting alternate quotations.

Once the SEC determines the offeror that is best-suited (i.e., the apparent successful offeror), the SEC reserves the right to communicate with only that offeror to address any remaining issues, if necessary, and finalize a contract with that offeror. These issues may include technical and price. The SEC reserves the right to request API access from the apparent successful offeror to confirm the validity of the quoted data subscription. If the parties cannot successfully reach agreement on any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited offeror based on the original analysis and address any remaining issues. Once the SEC has begun communications with the next best-suited offeror, no further communications with the previous offeror will be held until after a contract has been awarded. This process shall continue until an agreement is successfully reached and a contract is awarded.

(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).

There will be no funds/compensation provided by the government to offerors for preparation of responses to this solicitation and the SEC reserves the right to make no award resulting from this solicitation.

(End of provision)

(x) The offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certification –Commercial Items (MAY 2024) (DEVIATION FEB 2025), with its offer.

However, if the offeror has completed Reps and Certs in SAM.gov, the offeror does not need to submit a copy. Note: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

(xi) FAR clause 52.212-4, Contract Terms and Conditions –Commercial Items (NOV 2023), applies to this acquisition.

(xii) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jan 2025) (Deviation Feb 2025) applies to this acquisition. In Section b, the following clauses apply:

• 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021)

• 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)

• 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jun 2020)

• 52.204-27 – Prohibition on a ByteDance Application (JUN 2023)

• 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023)

• 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2025)

• Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

• 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)

• 52.219-8, Utilization of Small Business Concerns (JAN 2025)

• 52.219-9, Small Business Subcontracting Plan (JAN 2025)

• 52.219-28, Post Award Small Business Program Rerepresentation (JAN 2025)

• 52.222-3, Convict Labor (June 2003)

• 52.222-35, Equal Opportunity for Veterans (Jun 2020)

• 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)

• 52.222-37, Employment Reports on Veterans (Jun 2020)

• 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

• 52.222-50, Combating Trafficking in Persons (NOV 2021)

• 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021)

• 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

• 52.229-12, Tax on Certain Foreign Procurements (FEB 2021)

• 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

(xiii) The following additional terms and conditions are applicable to this acquisition:

FAR Clauses Incorporated By Reference:

FAR 52.204-13 - System for Award Management Maintenance (OCT 2018) FAR 52.204-18 - Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 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 contract performance.

https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8

FAR 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 contract performance provided that the Government gives the Contractor a preliminary written notice of its intent to extend 7 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 60 months.

FAR 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:

5003.05 SUBMISSION OF INVOICES - DELPHI EINVOICING SYSTEM (JANUARY 2022)

a. The Securities and Exchange Commission (SEC) will only accept electronic invoices submitted through the Delphi eInvoicing system on an annual or mutually agreed upon basis.

b. Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number.

The user will create a password and then login.gov will reply with an email confirming the email address.

(3) In order to set up a new user account or make changes to existing vendor Delphi eInvoice users who will submit invoices through the eInvoicing web-portal for payment and tracking purposes, notify iSupplier@sec.gov and include the contract/order number, the user's full name, valid email address (group mailboxes are not recommended), and current phone number of all vendor users. Vendor users will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov

(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm's points of contacts will no longer be submitting invoices so they can be removed from the system.

Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

c. Contractors are cautioned against submitting an invoice prior to goods and services being received/accepted. Invoices submitted prematurely may be rejected. Software license maintenance and subscriptions may be invoiced at the beginning of the contract period of performance.

https://www.acquisition.gov/?q=browsefar

d. The SEC's Delphi eInvoicing system is managed by the Enterprise Services Center (ESC). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1) Company logo or letterhead

(2) Company name and payment address

(3) Company Point of Contact (POC) for the invoice with phone and e-mail

(4) Invoice number and invoice date

(5) Billing period

(6) SEC Contract number

(7) Task/Delivery Order number (if applicable)

(8) SEC Contracting Officer's Representative (COR name)

(9) Amount billed (by CLIN), current and cumulative

(10) Total amount billed this period

(11) Cumulative total billed to date

(12) Brief Description of Services Performed - General description only

e. If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

5004.00 APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(JANUARY 2022)

a. A Securities and Exchange Commission COR has been designated for administration and information relating to this contract. The SEC may also assign one or more Alternate CORs for this contract. The COR may not re-delegate his or her authority; only the CO has this authority. A COR Appointment Letter (and ACOR Appointment Letter if applicable) detailing the designations will be e-mailed to the contractor.

b. The COR will manage the contract in coordination with the CO and within the terms of the contract.

The COR's responsibilities include reviewing invoices and charges by the Contractor, informing the CO of areas where exceptions are taken, and accepting or rejecting invoices in the SEC's financial system.

The COR shall be the primary point of contact responsible for communicating administrative guidance for on-boarding and off-boarding of Contractor Personnel, mandatory trainings, government closures, and other events as necessary. Unless otherwise specified in this contract, inspection and acceptance of supplies and/or services to be furnished under this contract will be performed by the COR.

c. 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.

6001.01 RESTRICTIONS ON USE, DISCLOSURE, AND DUPLICATION OF CONFIDENTIAL

AND NON-PUBLIC INFORMATION (JANUARY 2022)

Confidential or non-public information, for purposes of this clause, includes but is not limited to, all financial, statistical, personnel and/or technical data which is furnished, produced, generated, or otherwise available to the Contractor, during the performance of this contract. Unless otherwise specified, confidential or non-public information shall not be used for purposes other than performance of work under this contract without the prior written consent of the Contracting Officer. The Contractor and its employees, agents, subcontractors, and subcontractor personnel are restricted from duplicating or disclosing confidential or non-public information, in whole or in part, outside the Securities and Exchange Commission (SEC) for purposes other than fulfillment of the requirements set forth in this contract. Any presentation of any confidential or non-public information, or any reports or material derived from confidential or non-public information shall be subject to review of the Contracting Officer prior to publication or dissemination. Any questions about whether information is confidential or non-public shall be referred to the Contracting Officer prior to use disclosure or duplication.

6002.00 Type of Contract (JANUARY 2022)

This is a firm-fixed price type contract.

6012.02 SEC 508 Requirements (JANUARY 2022)

a. 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 Information and Communication Technology (ICT) products and services developed, acquired, maintained, and/or used under this contract/order must comply with the Information and Communication Technology Accessibility Provisions set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in FAR 39.203(a). The complete text of Section 508 Final Provisions can be accessed at Section 508 Law.

b. All ICT products must comply with the following requirements. Descriptions of the requirements are viewable at the link Section 508 Standards.

c. Offerors that fail to demonstrate compliance with the above requirements, may be eliminated from further consideration for award.

d. The offeror shall indicate for each line item in the schedule whether each product or service is compliant or non-compliant with the accessibility requirements at 36 CFR 1194 using a Voluntary Product Accessibility Template (VPAT 2.4). Further, the solicitation response must indicate where full details of compliance can be found (e.g., vendor’s website or other exact location).

e. Offerors to this solicitation must provide any additional detailed information necessary for determining applicable Section 508 standards conformance. If an offeror claims its products and/or services, including ICT deliverables such as electronic documents, web content or electronic 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 offeror at its expense.

https://www.govinfo.gov/content/pkg/USCODE-2011-title29/html/USCODE-2011-title29-chap16-subchapV-sec794d.htm https://www.access-board.gov/ https://www.acquisition.gov/content/39203-applicability https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/corrections-to-the-ict-final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/corrections-to-the-ict-final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.itic.org/policy/accessibility/vpat https://www.itic.org/policy/accessibility/vpat

6012.05 PERSONALLY IDENTIFIABLE INFORMATION (PII) IN CONTRACTS TO DESIGN,

DEVELOP, OPERATE, OR MAINTAIN A SYSTEM OF RECORDS (JANUARY 2022)

A Contractor that designs, develops, operates or maintains a system of records on behalf of the agency to accomplish an agency function or otherwise maintains 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 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 PII and reporting suspected or confirmed compromise of PII.

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 2 or the latest revision, 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;

i. policies, procedures, and mechanisms that prevent transmission or disclosure of SEC data to an unauthorized party;

ii. policies, procedures, and mechanisms that ensure SEC data on portable devices are encrypted using methods compliant with Federal Information Processing Standard 140-2; and

iii. 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 secure communications, including the use of Transport Layer Security (TLS) protocol and the Advanced Encryption Standard (AES) 256 bit encryption algorithm.

c) The Contractor shall make its privacy policies and procedures that describe administrative, physical, and technical safeguards to protect PII available for review by the SEC Office of Information Security within 10 business days of request.

d) 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.

e) The Contractor's employees, agents, and subcontractors shall immediately alert the SEC of any event, including the suspected or confirmed loss of PII. Notification must be made to the SEC of a breach as soon as practicable, but no later than twenty-four (24) hours after the Contractor becomes aware of it by contacting the SEC Service Desk at (202) 551-4357. The Contractor shall act in accordance with its policies and procedures in the event of any suspected loss of PII and shall support the SEC's investigation and resolution of reported incidents as requested by the SEC. For purposes of this Instruction, a suspected loss of PII and shall be interpreted liberally to mean any situation in which the loss of PII or unapproved access to PII is deemed a reasonable possibility.

f) Return or Destruction of PII. At any time during the term of this contract at the SEC's written request or upon the termination or expiration of this contract for any reason, unless otherwise required by law to be retained, the Contractor shall, and shall instruct all authorized personnel to, promptly return to the SEC all copies, whether in written, electronic or other form or media, of PII in its possession or the possession of such authorized personnel, or securely dispose of all such copies, and certify in writing to the SEC that such PII has been returned to SEC or disposed of securely. The destruction of PII shall be performed according to NIST approved methods.

6014.00 Use of Contractor Data and/or Materials (JANUARY 2022) 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.

6018.00 Contractor Performance Evaluation (JANUARY 2022)

a. In accordance with FAR 42.1502, the SEC will submit an electronic record of the Contractor’s performance to the Contractor Performance Assessment Reporting System (CPARS) for processing at least annually and at the time the work under a contract or order is completed.

b. The Contractor’s information for CPARS is pulled from the Contractor’s entry in SAM under the Past Performance Point of Contact for the company.

c. The Contractor’s designated representative will have the ability to review, comment, and state whether or not the Contractor agrees with the evaluation and return the evaluation to the Contracting Officer (CO) per FAR 42.1503. The SEC’s evaluation will be available to search in CPARS after 14 calendar days for Government use in evaluating the Contractor’s past performance as part of a source selection action.

d. If the Contractor desires a meeting to discuss the evaluation, it must be requested, in writing to the CO, no later than seven calendar days from the receipt of the evaluation.

e. It shall be the sole responsibility of the Contractor to inform the CO or COR in writing of any changes to the Contractor’s designated representative. Any such changes do not require a modification to the terms and conditions of the contract/order.

6027.00 DISCLOSURE OF INFORMATION (NOVEMBER 2023)

(a) The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

(b) The Contractor shall not release to anyone outside the Contractor's organization any classified or unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless -

(1) The Contracting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

(c) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release.

(d) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

(e) If a contract involves sensitive or classified information, all advertisements, releases, announcements, or other publication regarding this contract or the agency programs and projects covered under it, or the results or conclusions made pursuant to performance, must be approved by the Contracting Officer. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity, release, or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer.

7001.00 COMMERCIAL SUPPLIER AGREEMENTS - UNENFORCEABLE CLAUSES

(a) Purpose

The purpose of this SEC Instruction (SECI) is to implement the FAR 12.302(c) Class Waiver approved by the SEC Senior Procurement Executive that addresses conflicting and/or problematic terms in Commercial Supplier Agreements (CSAs) (e.g., license agreements, terms of service (TOS), terms of sale or purchase, End User License Agreements (EULAs), and similar agreements).

(b) Order of Precedence

When FAR 52.212-4 is present in the solicitation or contract at issue, its paragraphs are tailored to reflect:

(s)(2) ('The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations paragraphs of this clause, and SECI 7001.00, Commercial Supplier Agreements - Unenforceable Clauses.'), and

(s)(4) ('Addenda to this solicitation or contract, including any license agreements as amended by SECI 7001.00, Commercial Supplier Agreements - Unenforceable Clauses.')

(c) Unenforceable Clauses

When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, 'this agreement' means the CSA:

(1) Notwithstanding any other provision of this agreement, when the end user is the SEC, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S.

Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR Part 12.)

(ii) End user. This agreement shall bind the SEC as the end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance per FAR 52.212-4(d).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised CSA must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification (by licensor). Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. § 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the SEC. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the SEC, will be resolved in accordance with FAR 52.212-4(d) (Disputes);

no payment obligation shall arise on the part of the SEC until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under FAR 52.212- 4(b).

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed 'confidential information'. Issues regarding release of 'unit pricing' will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (1), the language, provisions, or clause of paragraph (1) shall prevail to the extent of such inconsistency.

The following additional FAR provisions are applicable to this acquisition:

FAR 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): https://www.acquisition.gov/?q=browsefar

FAR Provisions Incorporated By Reference:

FAR 52.204-7, System for Award Management (NOV 2024) FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

FAR 52.204-29, Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

(DEC 2023)

FAR 52.209-2, Prohibition On Contracting With Inverted Domestic Corporations--Representation (Nov 2015) FAR 52.209-7, Information Regarding Responsibility Matters FAR 52.217-5, Evaluation of Options. (JUL 1990)

FAR 52.229-11, TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND

REPRESENTATION. (JUN 2020)

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xv) The date, time and place offers are due: Offerors shall submit the written technical and price quote electronically to garrettj@sec.gov no later than 3:00 PM ET, June 25, 2025. The submission shall also include completed Attachments 2 & 3.

(xvi) The name and email address of the individual to contact for information regarding the solicitation:

Jeremy Garrett garrettj@sec.gov.

(xvii) Attachments:

Attachment 1 - SEC Requirements List Attachment 2 – SEC Requirements Checklist Matrix (Offeror shall complete and return with quote submission) Attachment 3 – Offeror Verification for Contractual Terms (Offeror shall complete and return with quote submission)

End of Document https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/far/52.204-29#FAR_52_204_29 mailto:garrettj@sec.gov