Combined Synopsis Solicitation - Interstage Xwand Maintenance Renewal.pdf

Page 1 of 6 RFQ: 503102-20-Q-0081

COMBINED SYNOPSIS/SOLICITATION

FOR COMMERCIAL ITEMS

(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; a quote is being requested and an additional stand-alone solicitation will not be issued.

(ii) Request for Quote (RFQ) number 503102-20-Q-0081 is issued as a sole source request in accordance with FAR 13.501(a)(1)(ii) Brand Name Acquisitions. See attached Justification and Approval.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through the most recent Federal Acquisition Circular.

(iv) This is a full and open competition. The North American Industry Classification System (NAICS) code is 541519.

(v) Solicitation/Contract/Order for Commercial Items for CLIN Structure

Items required for Base Period and Each Option Period

Item Qty Unit Price Total Price XWand Developer Edition Annual Maintenance 1 XWand Server Production Annual Maintenance 2 XWand Server Non-Production Annual Maintenance 2 XWand Personal Edition Licenses Annual Maintenance

(vi) The U.S. Securities and Exchange Commission (SEC) intends to award a Firm-Fixed-Price (FFP) contract for the Interstage Xwand Annual Maintenance and Support Renewal. The following products are included:

1. XWand Server Production Annual Maintenance;

2. XWand Server Non-Production Annual Maintenance;

3. XWand Personal Edition Annual Maintenance; and

4. XWand Developer Edition Annual Maintenance.

Period of Performance. The period of performance for the contract shall have a Base Year and nine (9) Option Periods, each one (1) year in duration.

(vii) The following FAR Clauses apply to this solicitation. Quoters may obtain full text versions of these clauses electronically at http://www.acquisitions.gov/. FAR 52.212-1, Instructions to Offerors – Commercial Items (June 2020) applies to this acquisition.

(viii) 52.212-2, Evaluation – Commercial Items 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; and http://www.acquisitions.gov/

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(ii) Price

(x) 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 address: http://www.aquistion.gov/.

FAR 52.212-3 “Offeror Representations And Certifications—Commercial Items (June 2020)” applies.

The contractor shall have completed representations and certifications online in the System for Award Management (SAM) at www.sam.gov.

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

(xii) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition of which the additional FAR clauses are applicable to the acquisition:

• 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006)

• 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2018)

• 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

• 52.219-8, Utilization of Small Business Concerns (Jul 2013)

• 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999)

• 52.219-28, Post Award Small Business Program Representation (Jan 2017)

• 52.222-3, Convict Labor (June 2003) (E.O. 11755).

• 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

• 52.222-26, Equal Opportunity (Sep 2016)

• 52.222-35, Equal Opportunity for Veterans (Oct 2015)

• 52.222-36, Affirmative Action for Workers with Disabilities (July 2014)

• 52.222-37, Employment Reports on Veterans (Feb 2016)

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

• 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 (Oct 2018) Additional Terms and Conditions

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

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.

http://www.aquistion.gov/ http://www.sam.gov/

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years, and six (6) months.

5003.05 SUBMISSION OF INVOICES - DELPHI EINVOICING SYSTEM (JUNE 2020)

a. The Securities and Exchange Commission (SEC) will only accept electronic invoices submitted through the Delphi eInvoicing system on an annual 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 make changes to vendor users who will have access to the eInvoicing web-portal for invoice submission and payment tracking purposes, notify iSupplier@sec.gov and include the full name, valid email address, and current phone number of any new 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.

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 http://www.login.gov/ https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/ https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/ mailto:iSupplier@sec.gov http://einvoice.esc.gov/ http://einvoice.esc.gov/

Page 4 of 6 RFQ: 503102-20-Q-0081 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) (JUNE

2020)

a. TBD, is hereby designated the Securities and Exchange Commission COR for administration and information relating to this contract. [FILLIN#2# insert Name(s) and E-mail Address(es) of COR here] is hereby designated as the Alternate COR for this contract. The COR may not re-delegate his or her authority;

only the CO has this authority.

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.

6002.00 Type of Contract (June 2020)

This is a firm-fixed price (FFP) type contract/agreement.

6012.02 SEC 508 Requirements (June 2020)

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, https://www.govinfo.gov/content/pkg/USCODE-2011-title29/html/USCODE-2011-title29-chap16-subchapV-sec794d.htm https://www.access-board.gov/ 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/final-rule/text-of-the-standards-and-guidelines https://www.itic.org/policy/accessibility/vpat https://www.itic.org/policy/accessibility/vpat

Page 5 of 6 RFQ: 503102-20-Q-0081 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.

6012.05 Personally Identifiable Information (PII) in Contracts to Design, Develop, Operate, or Maintain a System of Records (June 2019)

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;

• 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 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

Page 6 of 6 RFQ: 503102-20-Q-0081 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” 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 (Mar 2009)

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.

(xiv) Defense Priorities and Allocations Systems (DPAS) are not applicable.

(xv) Quote Responses to this combined synopsis/solicitation are due no later than 5:00 PM ET, Monday, June 29, 2020. Any responses to this notice shall be sent electronically via email to John Ramsey at ramseyj@sec.gov and John Bova at bovaj@sec.gov. Late quotes may not be accepted.

(xvi) All questions concerning this RFQ shall be submitted in writing to John Ramsey at ramseyj@sec.gov no later than 12:00 P.M. ET Friday, June 26, 2020. Email submission of questions is required. Questions submitted after the specified time/date may not be addressed.

mailto:%20ramseyj@sec.gov mailto:bovaj@sec.gov mailto:ramseyj@sec.gov