2031JW23Q00130 CDS Data (Final).docx
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- Solicitation number
- 2031JW23Q00130
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This is a request for quotation (RFQ) from the Department of the Treasury's Office of the Comptroller of the Currency (OCC) seeking credit default swaps data and related services. The OCC requires a dataset containing single name CDS, CDS indices, a reference entity database, liquidity metrics, and a CDS market monitoring user interface. The contractor must provide daily updates to the dataset with no more than a one day lag and respond to technical support questions within 24 hours. Quotes are due by September 19, 2023. The contract will have a one year base period and four optional one year periods. The solicitation is unrestricted and not set aside for small business.
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RFQ 2031JW23Q00130
Credit Default Swaps Data
PART I - SUPPLIES OR SERVICES AND PRICES/COSTS
1.0. GENERAL
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.
This solicitation is issued as a request for quotation (RFQ), and the procurement is being conducted using the procedures found in the Federal Acquisition Regulation (FAR) Part 13.5 “Simplified Procedures for Certain Commercial Products and Commercial Services.” This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-04. This acquisition is being solicited as an unrestricted procurement (i.e., is NOT set aside for small business). The NAICS code for this acquisition is 518210 “Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services,” and the small business size standard, although not applicable to this procurement, is $40M. FAR provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services applies to this solicitation with addendum as found in this combined synopsis/solicitation (see addendum to 52.212-1). Line item numbers and items, descriptions, quantities, units of measure, and options can be found in this document. Quoters must either include a copy of the representations and certifications found in FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services or have submitted them via SAM.gov in accordance with provision 52.212-3; even if submitted in SAM.gov, Quoters must complete paragraph b of provision 52.212-3 if it applies. Quoters must separately complete the representation(s) in FAR clause 52.204-24 and submit them with their quote (when they apply) as these representations are not found in SAM.gov. FAR clause 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services applies to this acquisition with any addendum noted in this document. FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services is applicable to this RFQ (see clauses section of this RFQ). This document may contain additional contract requirements or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with commercial practices. All quotations submitted for this solicitation are due no later than 19 September 2023 at 1:00 PM, Eastern Time.
The point of contact and Contracting Officer (CO) for this solicitation is Joey Barden at joey.barden@occ.treas.gov.
1.1. TYPE OF CONTRACT
The Government intends to award a firm-fixed-price contract.
1.2. CONTRACT LINE ITEM NUMBER (CLIN) DESCRIPTIONS
See clause (OCC) 1052.242-8002 PERIOD OF PERFORMANCE (SEP 2012) for periods of performance dates. The period of performance in the clause is only an estimate. The actual period of performance may begin later or sooner depending on the speed of the procurement process.
BASE YEAR
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL |
| 0001 |
| Credit default swaps data in accordance with the statement of work |
| 12 |
| MO |
| 0002 |
| Optional Service |
Delayed Intraday CDS Prices
| 12 |
| MO |
OPTION PERIOD ONE
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL |
| 1001 |
| Credit default swaps data in accordance with the statement of work |
| 12 |
| MO |
| 1002 |
| Optional Service |
Delayed Intraday CDS Prices
| 12 |
| MO |
OPTION PERIOD TWO
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL |
| 2001 |
| Credit default swaps data in accordance with the statement of work |
| 12 |
| MO |
| 2002 |
| Optional Service |
Delayed Intraday CDS Prices
| 12 |
| MO |
OPTION PERIOD THREE
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL |
| 3001 |
| Credit default swaps data in accordance with the statement of work |
| 12 |
| MO |
| 3002 |
| Optional Service |
Delayed Intraday CDS Prices
| 12 |
| MO |
OPTION PERIOD FOUR
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL |
| 4001 |
| Credit default swaps data in accordance with the statement of work |
| 12 |
| MO |
| 4002 |
| Optional Service |
Delayed Intraday CDS Prices
| 12 |
| MO |
PART II - CLAUSES
1.0. CLAUSES
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 the full text available. The full text of a clause may be accessed electronically at the following address: https://www.acquisition.gov
(End Clause)
1.1. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCLUDED BY REFERENCE
52.204-13, SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18, COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
52.232-40, PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)
1.2. FAR CLAUSES INCLUDED IN FULL TEXT
ADDENDUM TO CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS
—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
Section (j) “Risk of Loss” of clause 52.212-4 is hereby deleted.
Section (n) “Title” of clause 52.212-4 is hereby deleted.
Section (o) “Warranty” of clause 52.212-4 is hereby deleted.
Section (p) “Limitation of Liability” is hereby deleted.
Section (z) of clause 52.212-4 is hereby added as follows:
(z) Notwithstanding language in any license agreement or the non-appropriated status of the Office of the Comptroller of the Currency: the Government will not provide indemnity of any kind to the Contractor or its associates; all pricing in this contract (base period and options) may not be unilaterally changed during the course of the entire contract; payment terms are net 30 days and subject to the Prompt Payment Act; matters of liability shall be handled under applicable statute and/or federal regulation, e.g., Contract Disputes Act; any requested audits of licenses shall be conducted by the Government - contractor and/or its associates will not be given access to the Government's networks and/or systems to perform auditing; clause 1052.210-70 "Contractor Publicity" shall be ruling on all use of the OCC's name and logos and any other subject matter covered by the clause; and the contract may not be unilaterally terminated by the Contractor (this order subject to 41 U.S. Code Chapter 71 and the Contract Disputes Act).
(End of Addendum)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
_XX_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_XX_ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
_XX_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
_XX_ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
_XX_ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (14) [Reserved]
__ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_XX_ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).
__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).
_XX_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
_XX_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
_XX_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_XX_ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_XX_ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_XX_ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_XX_ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_XX_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_XX_ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_XX_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_XX_ (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
_XX_ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_XX_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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 at any time during an active period of performance, with an effective date as soon as the next calendar day.
(End of clause)
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 within 1 day of such notice; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the end of the contemporaneous period of performance. 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 66 months.
(End of clause)
1.3. DEPARTMENT OF THE TREASURY ACQUISITION REGULATION (DTAR) CLAUSES
1052.210-70 CONTRACTOR PUBLICITY (APR 2015)
The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.
(End of clause)
1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
(End of clause)
1.4. OFFICE OF THE COMPTROLLER OF THE CURRENCY (OCC) CLAUSES
(OCC) 1052.201-8000 CONTRACTING OFFICER'S REPRESENTATIVE (COR) DELEGATION AND AUTHORITY (DEC 2013)
The contracting officer's representative will be identified via separate letter to the contractor.
Performance of work under this contract is subject to the technical direction of the COR, as delegated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(a) Technical direction must be within the scope of the specification(s)/work statement. The COR does NOT have authority to issue technical direction that:
(1) changes any of the terms, conditions, or specification(s)/work statement of the contract;
(2) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(3) interferes with the contractor's right to perform under the terms and conditions of the contract; or,
(4) directs, supervises or otherwise controls the actions of the contractor's employees.
(b) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five work days, with a copy to the contract administrator.
(c) The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.
(d) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes".
(End of Clause)
(OCC) 1052.204-8000 – PROPER IDENTIFICATION OF CONTRACTOR PERSONNEL
(AUG 2020)
(a) All contractor personnel shall provide proper identification in both oral and written communications. Oral communications include, but are not limited to, in-person, Skype video and audio communications, and teleconference communications. Additionally, when calling into meetings contractor personnel shall identify that they are a contractor by stating their name followed by stating contractor support for their respective OCC business unit.
(b) For written communications, all contractor personnel shall use a signature block that includes identification as a contractor, the name of the contractor personnel’s company, office telephone number, alternate contact (mobile) number (if applicable), and identification of the current assigned Contacting Officer Representative (COR) as stated in the contract.
| Name: | [Insert Name] | ||
| Job Title: | [Insert Title] (Contractor) | ||
| Company Name: | [Insert Name of Company] | ||
| COR’s Name: | [Insert Name of the current COR] | ||
| Telephone: | Office: (XXX) XXX-XXXX | ||
| Work Cell: | Mobile: (XXX) XXX-XXXX |
(End of Clause)
(OCC) 1052.232-8002 AVAILABILITY OF FUNDS (APR 2014)
Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of non-appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of Clause)
(OCC) 1052.237-8000, NON-PERSONAL SERVICES (NOV 2022)
(a) This is a non-personal services contract. The contractor personnel rendering services under this contract are not subject, either by the contract terms or by the manner of its administration, to the supervision and control of the Office of the Comptroller of the Currency (OCC).
(b) The OCC and contractor understand and agree that the services to be provided under this contract by the contractor to the OCC are non-personal services. The parties recognize that no employer/employee relationship exists or will exist under this contract. The contractor agrees to provide the specified services fully described herein and is accountable to the OCC only for providing such services, materials, or work ordered. For the purpose of this contract, the contractor’s personnel shall not be subject to the supervision of an OCC office or employee while engaged in the performance of its duties.
(End of Clause)
(OCC) 1052.239-8000 INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) ACCESSIBILITY (JAN 2023)
(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, or used under this contract/order must comply with the Information and Communication Technology (ICT) Accessibility Provisions, set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194 (36 CFR 1194.1 and 36 CFR 1194.2). Information about Section 508 is available at https://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at https://www.access-board.gov/ict/about/.
(b) The Section 508 accessibility standards applicable to this contract/order are identified in the Statement of Work/Performance Work Statement. If it is determined by the Government that ICT products and services provided by the Contractor do not conform to the described accessibility standards in the submitted Accessibility Conformance Report (ACR), using the Voluntary Product Assessment Template (VPAT), remediation of the products or services to the level of conformance specified in the Contractor’s ACR/VPAT will be the responsibility of the Contractor at its own expense.
(c) Any modification(s) to this contract/order which adds new ICT products or services or revises the type of, or specifications for, products or services the Contractor is to provide, including ICT deliverables such as electronic documents and reports, the Contracting Officer may require that the Contractor submit an Accessibility Conformance Report (ACR) using the latest version of the Voluntary Product Assessment Template (VPAT) in accordance with its completion instructions and Section 508 requirements, found at https://www.itic.org/policy/accessibility/vpat, to assist the Government in determining that the ICT products or services support Section 508 accessibility standards.
(End of Clause)
(OCC) 1052.239.8002 INTERNET PROTOCOL VERSION 6 (DEC 2022)
(a) Any system hardware, software, or networked component (voice, video, or data) developed, procured, or acquired in support or performance of this contract shall be capable of transmitting, receiving, processing, forwarding, and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6). In addition, any system or component shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products. Dual-stacked devices shall interoperate equally with IPv4 devices, IPv6 devices, and other dual-stacked devices.
(b) Specifically, any new IP product or system developed, acquired, or produced must –
1. Interoperate with both IPv6 and IPv4 systems and products; and
2. Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.
(c) In accordance with FAR 11.002(g), any exception to waive the use of IPv6 requires prior written approval from the OCC’s Chief Information Officer, prior to contract award.
(End of Clause)
(OCC) 1052.242-8000 EVALUATION OF CONTRACTOR PERFORMANCE (DEC 2010)
A. The OCC will evaluate the contractor’s performance after contract award. If this contract has option periods, interim evaluations will be conducted at the end of each option period and then a final evaluation report will be prepared at the completion of the entire contract. If this contract does not have renewal options, an evaluation will be conducted upon completion of the contract. Notwithstanding the preceding, the Contracting Officer may conduct evaluations more or less frequently, if the Contracting Officer deems appropriate.
B. Evaluations will be conducted using an electronic format as established by Contractor Performance Assessment Reporting System (CPARS), an internet-based database of contractor performance information. The OCC will enter the information, gathered from the evaluation, into the CPARS.
C. If the contractor responds to the evaluation, and the response rebuts any or all of the ratings, the Contracting Officer will attempt to reconcile the areas of disagreement with the contractor. If agreement cannot be reached, the evaluation and response shall be reviewed at a level higher than the Contracting Officer and a final evaluation will be issued by the reviewing official. If the reviewing official finds, either all or in part, against the contractor, the contractor’s response shall become part of the final evaluation. The reviewing official’s final decision shall not be subject to dispute under the terms and conditions of the Disputes clause or subject to resolution in accordance with the terms and conditions of the Alternative Dispute Resolution clause. The reviewing official will provide the contractor with a copy of the final evaluation.
D. Any government agency authorized to access the Past Performance Information Retrieval System (PPIRS) database will be able to view the performance information related to this contract. Any government agency may also receive a copy the contractor’s performance evaluation, and any associated comments, by contacting the OCC. The OCC will also, upon request, provide copies of any and all of the contractor’s evaluations to the contractor.
(End of Clause)
(OCC) 1052.242-8002 PERIOD OF PERFORMANCE (SEP 2012)
The base period of performance of this contract is from 11/19/2023 through 11/18/2024.
The first option period is from 11/19/2024 through 11/18/2025.
The second option period is from 11/19/2025 through 11/18/2026.
The third option period is from 11/19/2026 through 11/18/2027.
The fourth option period is from 11/19/2027 through 11/18/2028.
(End of Clause)
(OCC) 1052.243-8001 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (SEP 2016)
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who provide technical direction or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.
(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer (CO) or is pursuant to specific authority otherwise included as a part of this contract.
(c) The CO is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the CO’s. In the event the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The primary CO will be identified via separate letter to the contractor. Any CO with appropriate warrant authority may direct changes through a modification to the contract.
(End of Clause)
(OCC) 1052.342-8000 CONTRACTOR’S COMMITMENT TO EQUAL OPPORTUNITY IN EMPLOYMENT AND CONTRACTING (MAR 2019)
Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts under this Contract when the dollar value exceeds $150,000.
Within thirty (30) calendar days of a written request from the OCC’s Office of Minority and Women Inclusion (OMWI), or such longer time as the OMWI determines, and without any additional consideration required from the Agency, the Contractor shall provide documentation, satisfactory to the Agency, of the actions it (and, as applicable, its subcontractors) has undertaken to demonstrate its good-faith efforts to comply with the aforementioned provisions.
For purposes of this contract, “good-faith efforts” may include actions by the contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or engaging in other activities that could lead to those results.
The documentation requested by the OMWI may include, but is not limited to, one or more of the following:
1. A written affirmative action plan or other written program designed to ensure the fair inclusion of minorities and women in the contractor’s workforce, including outreach, recruitment, and training efforts whereby the contractor sets forth specific, results-oriented policies and procedures.
2. A list of subcontract awards under the Contract categorized by dollar, date of award, and the subcontractor’s ownership status, including whether the subcontractor is minority-owned (by race and/or ethnicity) or women-owned.
3. Documentation similar to that described in paragraph 1 with respect to each subcontractor.
4. Any other actions demonstrating the contractor’s or subcontractor’s good-faith efforts to include minorities and women in its workforce.
Consistent with Section 342(c)(3) of the Dodd–Frank Wall Street Reform and Consumer Protection Act (PL 111-203) (Dodd–Frank), a failure to demonstrate to the Director of the OMWI such good-faith efforts to include minorities and women in the Contractor’s workforce (and, as applicable, the workforce of its subcontractors) may result in termination of the Contract for default, referral to the Office of Federal Contract Compliance Programs, or other appropriate action.
For purposes of this clause, the terms “minority,” “minority-owned business” and “women-owned business” shall have the meanings set forth in Section 342(g) of Dodd–Frank.
(End of Clause)
PART III – DOCUMENTS, EXHIBITS, AND/OR ATTACHMENTS
STATEMENT OF WORK (SOW)
1.0. BACKGROUND
The Office of the Comptroller of the Currency (OCC) charters, regulates, and supervises all national banks and federal savings associations as well as federal branches and agencies of foreign banks. The OCC is an independent bureau of the U.S. Department of the Treasury. Headquartered in Washington, DC, the OCC is responsible for ensuring that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The 2007-2009 global financial crisis heightened credit and liquidity concerns and the Covid-19 pandemic has caused financial instability. Russia-Ukraine conflict and Climate Risks continue to disrupt supply chains and financial stability. Severe financial instability can directly and indirectly entail high costs for the economy. As a financial regulator, the OCC uses various policy (or monitoring) tools to ensure national banks and federal savings associations operate in a safe and sound manner. Policy and monitoring efforts to maintain financial institutions' soundness require accurate, timely, and informative credit-related data. For the past ten years, the OCC has used credit default swap (CDS) data to support supervision efforts, conduct self-directed and management directed research, support policy analysis, and conduct market surveillance.
2.0. OBJECTIVES
The OCC requires a convenient, electronically accessible dataset consisting of Single Name CDS and CDS indices (CDX) data (Data Set).
3.0. SCOPE OF SERVICES
This statement of work encompasses all activities necessary to provide the OCC a Single Name CDS and CDS indices data. The Contractor must perform the services under this contract independently. The Contractor must provide all resources required for the performance of this contract.
4.0. PERFORMANCE REQUIREMENTS
The Contractor must provide:
4.1 Data Set - Technical Requirements
The Data Set must contain a full suite of services around CDS, including historical data based on the following requirements: 1) Single Name CDS; 2) CDS Indices; 3) Reference Entity Database (RED); 4) Liquidity Metrics; and 5) CDS Market Monitoring User Interface.
4.2 Data Set - Descriptive Requirement Details
4.2.1 Single Name CDS
(1) The Contractor must provide CDS data sets that include the following descriptive details for each Single Name CDS contract in the dataset:
a. Entity Name
b. Ticker Identifier
c. RED Code
d. End of Day (EOD) composite price
e. Tier of Debt
f. Currency
g. Documentation Clause
h. Credit Spread Term Structure (or Default Swap Curve)
i. Recovery
j. Real Recovery
k. Reference Entity Region
l. Industry Sector of Reference Entity
m. Upfront
n. Running Coupon
o. Ratings
p. CDS Sensitivities (including Credit DV01, Risky DV01, IR DV01, Recovery sensitivity and Default probability)
(2) The Contractor must provide CDS data dating back to January 1, 2008, at a minimum;
(3) The Contractor must provide CDS data covering at least 2000 single name entities;
(4) The Contractor must provide end-of-day prices based on the sell-side market makers' marks and/or clearing members’ pricing submissions;
(5) The Contractor must implement a data cleaning process to remove stale and outlier quotes, including generating the confidence interval based on the quotes;
(6) The Contractor must provide a CDS spread based on observable submissions and must provide evaluated prices when observed data is not available;
(7) The Contractor must provide the full-term structure of credit curves from six months to 30 years and must customize for shorter structures (e.g., three-month and/or even shorter tenors) when directed by the contracting officer or the COR;
(8) The Contractor must provide the bid/ask spreads.
4.2.2 CDS Indices (CDX)
(1) The Contractor must provide CDX data sets that include the following descriptive details for CDX on corporate bonds, sovereign bonds, and/or municipal bonds/structured finance products:
a. Index Name
b. Indicator of On-The-Run Issue
c. Index Series Number
d. RED Code
e. Index Version Number
f. Index Maturity Date
g. Index Term
h. Composite Price
i. Number of Contributions
j. CDX Sensitivities
k. An estimate of the basis between the reported index price and the prices of constituent Single Name CDS
l. Correlation of Index Tranches
m. CDS Index Tranches
(2) The Contractor must provide CDX data dating back to at least January 1, 2012; and
(3) The Contractor must provide CDX on sovereign bonds and corporate bonds (CDX on municipal bonds is preferred but not required).
4.2.3 Reference Entity Database (RED)
(1) The Contractor’s RED must include RED Entity Codes and Pair Codes to combine a reference entity and obligation; RED Index Codes to identify a unique index series; all index and constituent reference data for iTraxx and CDX;
(2) The Contractor must provide a database of reference entity identifications commonly used within the industry that support the credit derivatives market;
(3) The Contractor must provide active monitoring on CDS portfolios, corporate actions, and CDS succession event and credit events.
4.2.4 Liquidity Metrics
The Contractor must provide liquidity metrics containing:
a. Number of dealers quotes used to develop reported price
b. Individual quotes sufficient to ascertain major moments of the distribution of quotes
c. The median bid/ask spread
d. Trading volume
e. Average quote size
f. Tenor-basis information
g. Unique price points per tenor
h. Total number of end-of-day contributions with calculated liquidity scores and other quotes details as available.
4.2.5 CDS Market Monitoring User Interface
The Contractor must provide a user interface that enables the OCC to monitor developments in CDS markets with near real-time market data updates.
4.2.6. Other Commercial Products and Services
The Contractor must additionally provide any other fields typically provided to its other commercial clients that procure services that are substantially similar to those in this statement of work.
4.3 Data Set - Updates
The Contractor must update the Data Set daily with no more than a one business day lag. The Contractor must clearly identify changes to the data or the inclusion of new data in each update. The Contractor must make bulk data available for download at any given interval (e.g., weekly). The Contractor must provide the bulk data downloads on time without fail.
4.4 Data Set - Accessibility
The Contractor’s Data Sets must be formatted in a way that allows OCC’s employees (and OCC’s contractors working in direct support of OCC projects) to extract the datasets and convert them into a format used by widely available commercial database and/or spreadsheet software (e.g., MS Access, MS Excel).
The Contractor must allow OCC’s employees and OCC’s contractors to:
(1) share the datasets with other OCC employees and contractors, regardless of location;
(2) make public presentations of their analysis of the dataset, in written, graphical or chart form;
(3) use their analysis of the dataset to publish journal articles, working papers, or other articles; and
(4) use the analysis of the dataset in their bank examination role.
4.5 Data Set - Technical Support
The contractor must provide technical support to OCC users of the dataset (“OCC users” includes OCC’s contractors supporting OCC work products requiring the dataset), including guiding OCC users through the use of the data.
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