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About The MathWorks - Policies & Statements

The MathWorks, Inc.
2008 Offerors Certifications and Representations,
Commercial Computer Software Items


A. As used in this provision:

 

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the standard industrial classification code designated.
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern” means a small business concern that--

  1. Is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business, having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and
  2. has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian organization and which meets the requirements of 13 CFR 124.

“Women-owned small business concern” means a small business concern--

  1. Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
  2. Whose management and daily business operations are controlled by one or more women.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(end provision)

B. Taxpayer Identification Number (TIN) (26 U.S.C. 6050M):
 

1. 94-2960235

2. Corporate Status:
Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services.
Other corporate entity incorporated in the state of Delaware.
Not a corporate entity
Sole proprietorship
Partnership
Hospital or extended care facility described in 26 CFR 501 (e) (3) that is exempt from taxation under 26CFR 501 (a).

3. Common Parent:
Offeror is not owned or controlled by a common parent
Name and TIN of common parent: Not applicable.
(end provision)

C. Offerors must complete the following representations when the resulting contract is to be performed inside the United States, its territories or possessions, Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia. Check all that apply.

  1. Small business concern. The offeror represents as part of its offer that it is is not a small business concern.
  2. Small disadvantaged business concern. The offeror represents that it is is not a small disadvantaged business concern.
  3. Women-owned small business concern. The offeror represents that it is is not a women-owned small business concern.
  4. Women-owned business concern. The offeror represents that it is is not a women-owned business concern.
  5. Tie bid priority for labor surplus area concerns. If this is an invitation to bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror first-tier subcontractors) amount to more than 50 percent of the contract price:
    Labor Surplus Area:None
  6. Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program (Complete only if the offeror has represented itself to be a small business concern under 13 CFR 121 SBA)
    The MathWorks, Inc.is not an emerging small business.
    The MathWorks, Inc. is not in a targeted industry categories (TIC) or one of the four industry groups (DIGS)

D. Certifications and representation required to implement provision of Executive Order 11246--

  1. Certification of nonsegregated facilities.
    By submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees, any facilities that are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise and that it does not and will not permit its employees to perform their services at any location where segregated facilities are maintained. The offeror agrees that a breach of the certification is a violation of the Equal Opportunity clause in the contract.
  2. Previous Contracts and Compliance. The offeror represents that--
    (i) It has has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order 10925, or the clause contained in Section 201 of Executive Order 11114; and
    (ii) It has has not filed all require compliance reports.
  3. Affirmative Action Compliance. The offeror represents that--
    (i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
    (ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

E. Certification regarding Payments to Influence Federal Transaction (31 U.S.C. 1352).

  By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.

F. Buy American Act - Trade Agreements - Balance of Payments Program Certificate. (Applies only if FAR clause 52.225-9, Buy American Act - Trade Agreements - Balance of Payments Program, is included in this solicitation.)

  1. The offeror hereby certifies that each end product, except those listed in paragraph (F)(2) of this provision is a domestic end product (as defined in the clause entitled “Buy American Act - Trade Agreements - Balance of Payments Program”) and that components of unknown origin have been considered to have been mined, produced or manufactured outside the United States, a designated country, a North American Free Trade Agreement (NAFTA) country, or a Caribbean Basin country, as defined in section 25.401 of the Federal Acquisition Regulation.
  2. Excluded End Products:
    LINE ITEM NOCOUNTRY OF ORIGIN
    PolySpace Client for C/C++France
    PolySpace Client for AdaFrance
    PolySpace Server for C/C++France
    PolySpace Server for AdaFrance
    PolySpace Model Link SLFrance
    PolySpace Model Link TLFrance
    PolySpace UML Link RHFrance
  3. Offers will be evaluated by giving certain preferences to domestic end products, designated country end products, NAFTA country end products, and Caribbean Basin country end products over other end products. In order to obtain these preferences in the evaluation of each excluded end product listed in paragraph (F)(2) of this provision, offerors must identify and certify below those excluded end products that are designated as NAFTA country end products, or Caribbean Basin Country end products. Products that are not identified and certified below will not be deemed designated country end products, NAFTA country end products, or Caribbean Basin country end products. Offerors must certify by inserting the applicable line item number in the following:
    (i) The offeror certifies that the following supplies qualify as “designated or NAFTA country end products” as those terms are defined in the clause entitled “Buy American Act - Trade Agreements - Balance of Payments Program:”
    ___None______________________________________________
    (ii) The offeror certifies that the following supplies qualify as “Caribbean Basin country end products” as that term is defined in the clause entitled “Buy American Act - Trade Agreements - Balance of Payments Program:”
    ___None______________________________________________
  4. Offers subject to the above clauses will be evaluated in accordance with FAR part 25.
    (end provision)

G.

  1. Buy American Act - North American Free Trade Agreement Implementation Act - Balance of Payments Program (Applies only if FAR clause 52.225-21, Buy American Act - North American Free Trade Agreement Implementation Act - Balance of Payments Program, is included in this solicitation)
    (i) The offeror certifies that each end product being offered, except those listed in paragraph (G)(1)
    (ii) of this provision, is a domestic end product as defined in the clause entitled “Buy American Act - North American Free Trade Agreement Implementation Act - Balance of Payments Program”, and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States.
    (ii) Excluded End Products:
    LINE ITEM NO. -------------------------------------COUNTRY OF ORIGIN ___None______________________________________________
    (iii) Offers will be evaluated by giving certain preferences to domestic end products or NAFTA country end products over other end products. in order to obtain these preferences in the evaluation of each excluded end product listed in paragraph (G)(1)(ii) of this provision, offerors must identify and certify below those excluded end products that are NAFTA country end products. Products that are not identified and certified below will not be deemed NAFTA country end products.
    The offeror certifies that the following supplies qualify as “NAFTA country end products” as that term is defined in the clause entitled “Buy American Act - North American Free Trade Agreement Implementation Act - Balance of Payments Program”:
    ___None______________________________________________
    (iv) Offers will be evaluated in accordance with part 25 of the Federal Acquisition Regulation. In addition, if this solicitation is for supplies for use outside the United States, an evaluation factor of 50 percent will be applied to offers of end products that are not domestic or NAFTA country end products.
  2. Alternate I. If Alternate I to the clause at 52.225-21 is included in this solicitation, substitute the following paragraph (G)(1)(iii) for paragraph (G)(1)(iii) of this provision:
    (G)(1)(iii) Offers will be evaluated by giving certain preference to domestic end products or Canadian end products over other end products. In order to obtain these preference in the evaluation of each excluded end product listed in paragraph (B) of this provision, offerors must identify and certify below those excluded end products that are Canadian end products. Products that are not identified and certified below will not be deemed Canadian end products.
    The offeror certifies that the following supplies qualify as “Canadian end products” as that term is defined in the clause entitled “Buy American act - North American Free Trade Agreement Implementation Act - Balance of Payments Program”:
    ___None______________________________________________
    (end provision)
H. Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12549). (Applies only if the subcontract is expected to exceed ,000.)

The offeror certifies, to the best of its knowledge and belief, that --

  1. The offeror and/or any of its principals are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by and Federal agency, and
  2. Have Have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and are are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.
    (end provision)

I. The MathWorks, Inc. certifies that the pricing contained in this offer is the same pricing offered to any other commercial customer for the same products under the same conditions.

J. The MathWorks certifies that the products offered herein are commercial items sold in substantial quantities to the general public.

K. Year 2000 Compliance: The MathWorks warrants its compliance to DFAR 352.227.9003 Year 2000 Compliance - Commercial Items (Jan.1997) as follows:

 

(a) Definition: INFORMATION TECHNOLOGY means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This is for equipment used by the government directly or is used by a contractor under a contract with the Agency which (1) requires the use of such equipment, or (2) requires the use, to a significant extent, of such equipment in the performance of a service or the furnishing of a product. Information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. It does NOT include any equipment that is acquired by a Federal Contractor incidental to a Federal contract.

(b) The Offeror warrants that each information technology product delivered under this solicitation and listed below shall be able to accurately process date data (including, but not limited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the contractor, provided that all listed or unlisted products (e.g. hardware, software, firmware) used in combination with such listed product properly exchange date data with it. The words “listed below” refer to products that the offeror has identified as being Year 2000 Compliant in response to the procuring agency’s specifications. If the solicitation requires that specific listed products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system. The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as defined in, and subject to, the terms and limitation of the offeror’s standard commercial warranty or warranties contained in this contract. Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance.

The MathWorks, Inc. warrants that our software products has always represented data in 8 byte double precision floating point data type. This ensures that our products will be able to function properly in the Year 2000 and beyond without any adjustments or action required on the part of your Client Departments.

Signature of Officer or Employee Responsible for the Offer:


May 9, 2008
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