SECHQ1-16-Q-0022.pdf

Solicitation Number: SECHQ1-16-Q-0022 1

SECHQ1-16-Q-0022

Transend Migrator Forensic Edition Software Maintenance

Brand Name Transend Corporation

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 13 Simplified Acquisition Procedures and (FAR) Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, 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. This solicitation, Transend Migrator Forensic Edition Software Maintenance Brand Name Transend Corporation, is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-86 dated February 1, 2016. The associated North American Industry classification System (NAICS) code is 511210 and small business size standard is $38,500,000. This synopsis/solicitation is set-aside for Small Business concerns.

Scope

The U.S. Securities and Exchange Commission (SEC) seeks to purchase brand name Transend Corporation Transend Migrator Forensic Edition software maintenance on 25 perpetual licenses that are owned by the SEC.

Brand Name Justification

The Brand Name Justification applicable to this requirement is attached to this solicitation.

Instrument Type and Period of Performance

The Government intends to competitively award a firm-fixed-price purchase order with the vendor that provides the best value to the Government in accordance with the evaluation criteria set forth in this solicitation. The period of performance is as follows:

Base Period: 10/30/2016 through 10/29/2017 Option Period I: 10/30/2017 through 10/29/2018 Option Period II: 10/30/2018 through 10/29/2019 Option Period III: 10/30/2019 through 10/29/2020 Option Period IV: 10/30/2020 through 10/29/2021

Payment: Payment and invoice instructions will be provided in the award.

Relevant Clauses/Provisions

The clauses/provisions at FAR 52.212-1 Instructions to Offerors-Commercial Items (Oct 2015), 52.212- 3 Offeror Representations and Certifications—Commercial Items (Nov 2015), FAR 52.212-4 Contract Terms and Conditions—Commercial Items (May 2015), and FAR 52.212-5 Contract Terms and

Solicitation Number: SECHQ1-16-Q-0022 2

Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Feb 2016), apply to this acquisition.

The following additional clauses cited within 52.212-5 are applicable:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) 52.219-6 Notice of Total Small Business Set-Aside (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 (Apr 2015) 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 (June 2008) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) 52.239-1 Privacy or Security Safeguards (Aug 1996)

The following additional FAR clauses apply:

52.204-7 System for Award Management (Jul 2013) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov

2015) 52.217-8 Option to Extend Services (Nov 1999) (insert “the period of performance” in fill-in) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (insert "the period of performance" in the first blank of paragraph (a), "1 day" in the second blank of paragraph (a), and "four (4) years and four (4) months" in paragraph (c))

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The following SEC specific clauses apply:

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 purchase order will be performed by [TBD]. Inspection and Acceptance will be performed at the Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549.

4003.00 Place of Delivery – FOB Destination (Jun 2013)

The deliverables to be furnished under this contract shall be delivered to the following address:

U.S. Securities and Exchange Commission 100 F Street NE, Washington, DC 20549 Attn: TBD Phone Number: TBD E-mail: TBD

List of Attachments, Exhibits, and Other Documents

Solicitation Number: SECHQ1-16-Q-0022 3

Attachment 1: Brand Name Justification

Quote Requirements

Offerors shall submit a quote that includes the following: (1) Technical; (2) Price, (3) Completed Representations and Certification including FAR 52.212-3 Offeror Representations and Certifications- Commercial Items, which shall either be included in SAM or provided as an attachment to the quote.

Quote Submission Requirements

Quotes must be received no later than 12:00pm Local Eastern Time on March 9, 2016. The Contract Specialist must receive any questions concerning the RFQ no later than one (2) business days after posting of this solicitation, or the question may not be answered. Questions shall be emailed to Contract Specialist, Michael Boyle at boylemi@sec.gov. The quote email header should be marked with the solicitation number SECHQ1-16-Q-0022. The quote shall be delivered via email to boylemi@sec.gov.

The contract specialist will respond with a receipt email. If a receipt email is not received, then the contract specialist did not receive your quote and your offer may not be considered for award.

Preferred email attachment formats are Microsoft Word, Microsoft Excel, and Portable Document Format (PDF). Quotes provided through any method other than email will not be accepted.

Basis for Award/Evaluation Factors

Award shall be made to the offeror with the lowest priced, technically acceptable quote. Technical acceptability will be determined by comparing quotations with the requirements of this solicitation.

mailto:boylemi@sec.gov mailto:boylemi@sec.gov

Attachment 1

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

BRAND NAME JUSTIFICATION

J&A Log Number 2016-0030

Nature and Description of Action Being Approved:

The SEC has a brand name requirement for Transend Migrator Forensic Edition software maintenance renewal from Transend Corporation. The SEC requires ongoing maintenance for 25 licenses of Transend Migrator Forensic Edition software, which expire on 10/29/2016. The software package provided is used by the ENF Litigation Support Service Branch (LSS) year round to process email encountered as part of their received productions. The SEC must maintain the accuracy and integrity of its email data messages/folders, attachments, address books, calendars and tasks. Transend's software is used to convert email data to formats suitable for legal discovery and compliance. The same user interface allows end users and technicians to convert a single user account or thousands of accounts at once in batch mode from a central location.

Transend Migrator is the primary email processing tool used by LSS and can convert all of the SEC email formats into eDiscovery formats that Recommind can ingest. Transend Migrator software requires annual maintenance to ensure the necessary (1) Technical Support,

(2) Product Upgrades, and (3) Software Updates are received. Ongoing software maintenance is required in order to avoid any potential security risks that can arise from the use of unsupported, out-of-date software. Furthermore, Transend Corporation is the only vendor that provides maintenance on their Transend Migrator Forensic Edition software.

The LSS staff, on an ongoing basis, attends trade shows, eDiscovery seminars, and association meetings to keep abreast with existing and new technologies that may add value to the LSS Program. This research has shown that Transend Migrator is the only tool that can currently meet LSS’s minimum requirements for email processing. The LSS will continue to evaluate new applications as they become available. If possible, future acquisitions of a similar nature will be advertised.