This acquisition is a Brand Name purchase for MATLAB Software Maintenance Support Renewal Master License: 30968726.
Solicitation number: F1S0AW0328A001
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. This is a request for quotes (RFQ). This solicitation also uses the simplified acquisition procedures contained in FAR Part 13. All responsible sources may submit a firm-fixed price (FFP) quote which shall be considered by the agency.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-02, DFARS Change Number 11/30/2020, AFFARS (AFAC) 2019-1001. The Government intends to award a contract resulting from this solicitation to the responsible offeror whose offer is the lowest priced and is technically acceptable. NAICS is 511210 with a Small Business size standard of $41,520,000. FSC/PSC code is 7A20.
AFTC/PZIEA, Edwards AFB, CA is seeking the following requirement:
MATLAB Software Maintenance Support Renewal Master License: 30968726 (see attached requirement breakdown for details).
This is the request for quotation (RFQ). This is an All or None acquisition; incomplete quotes will not be considered.
QUOTE SUBMISSION INSTRUCTIONS:
Interested parties who believe they can meet all of the requirements for the supplies described in this combined synopsis/solicitation are invited to submit a complete quote. Offerors are required to submit with their quote enough information for the Government to evaluate the minimum requirements detailed in this combined synopsis/solicitation. Interested vendors must also complete, sign, and return the attached FAR 52.204-24 provision with their proposals to be considered for award.
DELIVERY:
Edwards Air Force Base, CA 93524
EVALUATION OF OFFERS:
Award will be made to the lowest priced, technically acceptable quote. Technical acceptability is based on offers which show they can meet all requirements in the requirement area of the RFQ.
PROVISIONS AND CLAUSES
The following FAR, DFARS, and AFFARS provisions and clauses apply to this solicitation and are incorporated by reference:
52.203-3 Gratuities
52.203-6 Alt I Restrictions on Subcontractor Sales to the Government
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
52.204-1 Approval of Contract
52.204-7 System for Award Management
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-13 System for Award Management Maintenance
52.204-16 Commercial and Government Entity Code Reporting
52.204-18 Commercial and Government Entity Code Maintenance
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
52.204-22 Alternative Line Item Proposal
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed by Kaspersky Lab and Other Covered Entities
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Equipment
52.204-26 Covered Telecommunications Equipment or Services-Representation
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
52.212-1 Instructions to Offerors Commercial Items
52.212-3 Alt I Offeror Representations and Certifications--Commercial Items
52.212-4 Contract Terms and Conditions Commercial Items
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items
52.219-8 Utilization of Small Business Concerns
52.219-28 Post-Award Small Business Program Rerepresentation
52.222-3 Convict Labor
52.222-19 Child Labor Cooperation with Authorities and Remedies
52.222-21 Prohibition of Segregated Facilities
52.222-26 Equal Opportunity
52.222-35 Equal Opportunity for Veterans
52.222-36 Affirmative Action for Workers with Disabilities
52.222-37 Employment Reports on Veterans
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
52.222-50 Combating Trafficking in Persons
52.222-54 Employment Eligibility Verification
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation
52.225-13 Restrictions on Certain Foreign Purchases
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
52.239-1 Privacy or Security Safeguards
52.252-1 -- Solicitation Provisions Incorporated by Reference
52.252-2 Clauses Incorporated by Reference
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
252.203-7005 Representation Relating to Compensation of Former DoD Officials
252.204-7003 Control of Government Personnel Work Product
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015 Disclosure of Information to Litigation Support Contractors
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements
252.204-7020 NIST SP 800-171 DoD Assessment Requirements
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism
252.211-7003 Item Unique Identification and Valuation
252.211-7008 Use of Government-Assigned Serial Numbers
252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval Systems - Statistical Reporting in Past Performance Evaluations
252.215-7007 Notice of Intent to Resolicit
252.215-7008 Only One Offer
252.223-7008 Prohibition of Hexavalent Chromium
252.225-7012 Preference for Certain Domestic Commodities
252.225-7020 Alt I Trade Agreements Certificate
252.225-7021 Trade Agreements
252.225-7031 Secondary Arab Boycott of Israel
252.225-7048 Export-Controlled Items
252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
252.232-7006 Wide Area Work Flow Payment Instructions
252.232-7010 Levies on Contract Payments
252.232-7017 Accelerating Payments to Small Business Subcontractors Prohibition on Fees and Consideration
252.239-7017 Notice of Supply Chain Risk
252.239-7018 Supply Chain Risk
252.243-7001 Pricing of Contract Modifications
252.243-7002 Requests for Equitable Adjustment
252.244-7000 Subcontracts for Commercial Items
252.247-7023 Transportation of Supplies by Sea
5352.201-9101 Ombudsman
The following FAR provisions and clauses apply to this solicitation and are incorporated by Full-Text:
52.229-11 Tax on certain foreign procurements
As prescribed in 29.402-3(a), insert the following provision:
Tax on Certain Foreign Procurements Notice and Representation (Jun 2020)
(a) Definitions. As used in this provision
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It [_] is [_] is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of provision)
52.229-12 Tax on Certain Foreign Procurements.
As prescribed in 29.402-3(b), insert the following clause:
Tax on Certain Foreign Procurements Notice and Representation (Jun 2020)
(a) Definitions. As used in this clause
Foreign person means any person other than a United States person.
United States person, as defined in 26 U.S.C. 7701(a)(30), means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) (1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.
(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall
(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and
(ii) Comply with paragraph (c)(1) of this clause.
(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.
(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.
(f) Taxes imposed under 26 U.S.C. 5000C may not be
(1) Included in the contract price; nor
(2) Reimbursed.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of clause)
All quotes are to be sent via email to jenna.jacobson@us.af.mil. The phone number is 661-277-2094. Responses are due into the office no later than 18 Dec 2020 at 10:00 a.m. PST.
Jenna Jacobson
Contract Specialist
5 South Wolfe Avenue
Edwards AFB, CA 93524
661-277-2094
Jenna.jacobson@us.af.mil
Late submissions will not be accepted.
