9 - RFQ 9523ZY23Q0022.pdf

RFQ# 9523ZY-23-Q-0022

The U.S. Commodity Futures Trading Commission (CFTC) has a requirement for Market Data Services for Global Risk System.

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.

The solicitation number is 9523ZY-23-Q-0022. This solicitation is issued a request for quotation

(RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 effective March 16, 2023.

The applicable NAICS code is 523210, and this is a full and open competition. Size standard:

$47.0 million.

See Part I for a description of requirements for the items to be acquired: Market Data Services for Global Risk System.

See Part II for a list of contract line item numbers and items, quantities and units of measure (including options).

Dates and place of performance: The period of performance is a base period of twelve (12) months and four (4) 12-month options. The place of performance shall be at the CFTC Headquarters office in Washington, DC.

See Part III for the provision 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES and the associated addenda.

See Part III for the description of the Evaluation in lieu of provision FAR 52.212-2, EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

Quoters shall include a completed copy of the provision FAR 52.212-3, OFFEROR

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES, with its quotation submission in accordance with Part III.

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES, is applicable to this solicitation (See Part II).

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES, is applicable to this solicitation (See Part II).

See Part II for all applicable additional terms and conditions and conditions for this solicitation.

https://www.acquisition.gov/far/subpart-12.6 https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5

The date, time and place quotations are due: Quotations shall be submitted electronically to the Contracting Officer, Christine Han at chan@cftc.gov no later than May 23, 2023 at 10:00 AM ET (Eastern Time).

The name and telephone number of the individual to contact for information regarding the solicitation: Christine Han at 202-418-6046. Questions are due in writing to chan@cftc.gov no later than May 9, 2023 at 10:00 AM ET (Eastern Time).

This request for quotation shall not be construed as a commitment of any kind.

Enclosures:

Part I – Performance Work Statement (PWS) Part II – Additional Terms and Conditions Part III – Quotation Preparation Instructions/Evaluation Criteria mailto:chan@cftc.gov

PART I

PERFORMANCE WORK STATEMENT (PWS)

MARKET DATA SERVICES FOR GLOBAL RISK SYSTEM

1. Background

The Commodity Futures Trading Commission (CFTC) is a federal government agency with offices located in Washington, DC, Chicago, IL, New York, NY and Kansas City, MO. The CFTC’s mission is to promote the integrity, resilience, and vibrancy of the U.S. derivatives markets through sound regulation.

The CFTC’s Division of Clearing and Risk (DCR) oversees derivatives clearing organizations (DCOs) and other market participants in the clearing process, including futures commission merchants (FCMs), swap dealers, major swap participants and large traders. DCR monitors the clearing of futures, options on futures, and swaps by DCOs, assesses DCO compliance with Commission regulations, and conducts risk assessments and financial surveillance. DCR also makes recommendations on DCO applications and eligibility, rule submissions, and which types of swaps should be cleared.

The Division of Data (DoD) provides an integrated data and technology strategy to support the effective oversight of the highly electronic futures, options, and swaps marketplaces. DoD works in support of all of the Divisions and Offices of the Commission to ensure that they have what they need in terms of data to meet their goals.

In partnership with DoD, DCR successfully deployed Global Risk’s Firm Risk software as a Production environment in May of 2016. The Firm Risk software provides DCR with insight into the risk related to futures portfolios of FCMs and other market participants. Positions of market participants are ingested into the Firm Risk software and compared against market pricing to provide a top day view into the current value of the portfolios. To accurately assess the portfolio value against market fluctuations, the Firm Risk software requires market data pricing throughout the business day.

The CFTC’s Firm Risk software uses real-time market data for intraday risk analysis and provides alerts on futures and options positions under the regulatory purview of the CFTC. As market data is sent to the Firm Risk software, the client application updates and displays the valuation, risk, and intraday profit/loss for all firm and client positions that have been loaded.

This allows the CFTC to continuously monitor the systemic risks posed by intermediaries including clearinghouses, clearing firms, futures, commission merchants, and large traders.

The Firm Risk software sends a series of data requests for the required market instruments to the data vendor over a dedicated VPN. The data requests are currently implemented to establish a refresh rate between 2 and 3 minutes during morning, afternoon, and overnight sessions for all required instruments.

This Performance Work Statement (PWS) details the services required to provide this market data on a real time or near real time basis, as noted in Attachment A – Mandatory Requirements Matrix.

2. General Scope

CFTC requires contractor support to provide a market data pricing feed composed of the Exchanges in Attachment B – List of Exchanges and any necessary services to make this data available to the CFTC for use within the Commission’s Firm Risk software. The contractor shall meet all of the requirements as listed in Attachment A – Mandatory Requirements Matrix.

The contractor shall provide all associated implementation, documentation, and software maintenance and technical support.

The contractor shall provide technical support during the CFTC’s regular business hours (Monday to Friday, 7:00 am - 6:00 pm Eastern Time (ET)), as part of the contractor’s annual maintenance agreement. The contractor shall ensure that the data feed will maintain compatibility with the Commission’s commercial off-the-shelf software releases, such as Windows and SQL Server.

3. Implementation

The contractor shall design, configure, and implement the network connectivity of the market data pricing feed to the CFTC as well as to the Commission’s currently deployed Firm Risk software platform within 30 calendar days of the kickoff meeting.

The CFTC will provide an IT Specialist for the purpose of acting as a technical expert regarding the CFTC’s systems during the contractor’s connectivity to the CFTC network and implementation to the Firm Risk software. The CFTC will provide business and technical resources to validate the testing and any maintenance procedures to ensure a successful rollout.

The contractor shall provide a Requirements Traceability Matrix that tracks each requirement through the testing process and shows that all requirements are implemented and verified. In addition, the contractor shall provide project and implementation plans, architecture documentation, testing and operational procedures as per PWS, Part I – Section 5 below.

The testing performed by the contractor and the CFTC implementation team shall include all pre/post-testing of the system, such as maintaining quality control and performing user acceptance testing. The CFTC will use the User Acceptance Testing (UAT) as part of its acceptance process.

During implementation and at the discretion of the Contracting Officer’s Representative (COR), the contractor shall participate in project progress meetings with the COR. The frequency of the meetings will vary, and may be daily at times, as specified by the COR. The purpose of the meetings will be to discuss the project status, identify and discuss configuration/integration issues, and coordinate schedules amongst CFTC Information Technology Branch (ITB) personnel as well as the Global Risk team.

Acceptance of implementation will be made upon successful installation and configuration of the market data pricing feed into the CFTC and Firm Risk system as well as successful completion of the UAT period. CFTC anticipates that this testing period will last 14 calendar days.

Successful completion of the UAT period means that the market data pricing feed operates in the CFTC production environment for 14 consecutive days with no issues, and otherwise performs in accordance with all PWS requirements and the contractor’s quotation. Acceptance by the CFTC will be in writing signed by the Contracting Officer. In the event that the requirements are not met, the contractor shall have up to 14 days to make appropriate corrections and commence a second 14 calendar day acceptance test. In the event that the second acceptance test or any subsequent test agreed to by the Contracting Officer is not successfully completed, the Contracting Officer has the right to issue a final rejection of the software and terminate the contract.

Note: Maintenance and technical support shall not commence prior to implementation.

4. Maintenance Support

The contractor shall provide annual maintenance support for any software and connectivity required for the data transmission. The maintenance support shall include, but is not limited to, bug fixes and software updates as well as telephone support during CFTC regular business hours for issue remediation.

5. Documentation Requirements

The required contractor submitted documents are listed below. The associated due dates for the following deliverables are listed in the PWS, Part I - Section 10. Deliverables table.

• Architecture and Design Document – The contractor shall detail the architecture and design of the market data pricing feed.

• Project Schedule – The contractor shall provide a project schedule, which outlines the milestones, deliverables, staff responsible for tasks, and start to finish dates.

• Implementation Plan – The contractor shall provide an implementation plan that describes the steps the contractor will take to install the proposed market data pricing feed (i.e., testing, production installation, configuration of the system, etc.) and includes dates (elapsed time from date of award) for major milestones.

• Data Quality Procedures – The contractor shall provide data quality procedures that include, at a minimum:

• How the contractor will inform the customer (e.g., the agency) that an outage has occurred. An outage is something that prevents live market data from being transmitted by the contractor or any exchange listed in Attachment B;

• How the contractor informs the customer (e.g., the agency) when market data from any source exchange is potentially inaccurate, incomplete, or missing;

• How the contractor identifies potential issues (i.e., inaccurate, incomplete, or missing data) with market data from any exchange listed in Attachment B;

and

• How the contractor escalates and resolves issues (i.e., inaccurate, incomplete, or missing market data) from any exchange listed in Attachment B.

• Requirements Traceability Matrix – The contractor shall provide a requirements traceability matrix that traces all of the requirements from the PWS from the design process to the development process to the implementation process to the UAT validation process. The matrix shall show that all CFTC requirements are included in the solution.

• Operations and Maintenance Procedures – The operations and maintenance procedures shall include the information required to support and maintain the market data pricing feed after the deployment of the market data pricing feed in the CFTC production environment.

• Test Document – The test document shall define the contractor’s approach for implementation testing to demonstrate that the market data pricing feed is successfully implemented.

6. Integration – Application Programming Interface (API)

The contractor shall provide a fully documented Application Programming Interface (API) using a non-proprietary communication language that exposes all essential functions and works with Microsoft technologies.

7. Support Requirement

The contractor shall provide all required implementation, documentation, and user training for up to five (5) CFTC IT Administrators, and software maintenance and technical support for the life of the contract.

8. Security

The contractor shall certify that the system is fully functional and operates correctly as intended on systems using the United States Government Configuration Baseline (USGCB) for Windows 10 Enterprise.

The CFTC reserves the right to test all delivered information technology to verify the contractor’s certification required above. In the event that the market data pricing feed implementation does not meet the requirements in Attachment A, the contractor shall correct the defect at no cost to the Government.

The contractor shall comply with other government standards including, but not limited to, those listed in Section 9 of this PWS.

(Rest of Page Intentionally Left Blank)

9. CFTC IT Systems and Support Services Contract Requirements

General

All contractors and contractor personnel shall be subject to the same Federal laws, regulations, standards and CFTC policies as CFTC, and CFTC personnel, regarding information and information systems security. Contractors must follow policies and procedures outlined in CFTC IT Security Program to ensure appropriate security controls are in place.

Access to CFTC Information and CFTC Information Systems

A contractor shall request logical (technical) and/or physical access to CFTC information and CFTC information systems for employees, subcontractors, and affiliates only to the extent necessary: (1) to perform the services specified in the contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of the contract, and (3) individuals must satisfy the same conditions, requirements and restrictions comparable to CFTC employees in order to access the same type of CFTC information.

All contractors and subcontractors working with CFTC information are subject to the same investigative requirements as those of regular CFTC appointees or employees who have access to the same types of information. Contractors are responsible for screening their employees. Furthermore, contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry safeguards the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. Defense Security Service (DSS) administers the NISP on behalf of the Department of Defense and 23 other federal agencies within the Executive Branch. CFTC will verify clearance through DSS.

CFTC Information Custodial Requirements

Information made available to the contractor by CFTC for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the Contracting Officer.

CFTC information will not be co-mingled with any other data on the contractor’s/ subcontractor’s information systems/media storage systems in order to ensure CFTC requirements related to data protection and media sanitization can be met. CFTC also reserves the right to conduct IT resource inspections to ensure data separation and on-site inspection of information destruction/media sanitization or disposal procedures to ensure they are in compliance with CFTC policy requirements.

Prior to termination or completion of this contract, the contractor will not destroy information received from CFTC or gathered or created by the contractor in the course of performing this contract without prior written approval by the CFTC Contracting Officer. Any data destruction done on behalf of CFTC by a contractor must be done in accordance with National Archives and Records Administration (NARA) requirements.

The contractor will receive, gather, store, back-up, maintain, use, disclose and dispose of CFTC information only in compliance with the terms of the contract and applicable Federal and CFTC information confidentiality and security laws, regulations and policies. Applicable Federal information security regulations include all Federal Information Processing Standards (FIPS) and Special Publications (SP) issued by the National Institute of Standards and Technology (NIST). If Federal or CFTC information confidentiality and security laws, regulations and policies become applicable to the CFTC information or information systems after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies, including FIPS or SP, in the contract.

Contractors collecting, storing, or disseminating personally identifiable information (PII) data must conform to all pertinent regulations, laws, and CFTC directives related to privacy.

The contractor shall not make copies of CFTC information except as necessary to perform the terms of the agreement or to preserve electronic information stored on contractor electronic storage media for restoration in case any electronic equipment or data used by the contractor needs to be restored to an operating state.

If CFTC determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for CFTC to terminate the contract for default or terminate for cause under Federal Acquisition Regulation (“FAR”) part 12.

The contractor will store, transport or transmit CFTC sensitive information in an encrypted form, using a CFTC-approved encryption application that meets the requirements of NIST’s FIPS 140-2 standard.

Information System Design and Development

Information systems that are designed or developed for or on behalf of CFTC at non-CFTC facilities shall comply with all CFTC policies developed in accordance with Federal Information Security Modernization Act (FISMA), NIST, and related CFTC security and privacy control requirements for Federal information systems. This includes information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization.

The security controls must be designed, developed, approved by CFTC, and implemented in accordance with the provisions of CFTC security system development life cycle as outlined in NIST Special Publication 800-37.

The contractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

i. The systems of records; and

ii. The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and,

(3) Include this Privacy Act clause, including this subparagraph in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

Information System Hosting, Operation, Maintenance or Use

For information systems that are hosted, operated, maintained, or used on behalf of CFTC at non-CFTC facilities, contractors are fully responsible and accountable for ensuring compliance with all Privacy Act, FISMA, NIST, FIPS, and CFTC security and privacy directives and handbooks. The contractor security control procedures must be identical, not equivalent, to those procedures used to secure CFTC systems. A privacy impact assessment (PIA) must also be provided to the COR and approved by the CFTC Privacy Office prior to operational approval. All external Internet connections involving CFTC information must be reviewed and approved by CFTC prior to implementation.

Adequate security controls for collecting, processing, transmitting, and storing of personally identifiable information, as determined by the CFTC Privacy Office, must be in place, tested, and approved by CFTC prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of CFTC. These security controls need to be stated within the PIA and supported by a risk assessment. If these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

Outsourcing (contractor facility/contractor equipment/contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (C&A) of the contractor’s systems in accordance with NIST Special Publication 800-37 and privacy impact assessment of the contractor’s systems prior to operation of the systems. Government-owned (government facility/government equipment) contractor operated systems, third party or business partner networks require a system interconnection agreement and a memorandum of understanding (MOU) which detail what data types will be shared, who will have access, and the appropriate level of security controls for all systems connected to CFTC networks.

The contractor must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the CFTC Contracting Officer and the Information Security Officer (ISO) for entry into CFTC’s Plan of Action and Milestone (POA&M) management process. The contractor will use CFTC’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the Government. Contractor procedures will be subject to periodic, unannounced assessments by CFTC officials. The physical security aspects associated with contractor activities will also be subject to such assessments. As updates to the system occur, an updated PIA must be submitted to the CFTC Privacy Office through the COR for approval.

All electronic storage media used on non-CFTC leased or owned IT equipment that is used to store, process, or access CFTC sensitive information must have all CFTC sensitive information removed, cleared, sanitized, or destroyed in accordance with CFTC policies and procedures upon: (1) completion or termination of the contract or (2) disposal or return of the IT equipment by the contractor or any person acting on behalf of the contractor, whichever is earlier.

Security Incident Investigation

The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to CFTC assets, or sensitive information, or an action that breaches CFTC security procedures. The contractor shall immediately notify the COR and simultaneously, the designated ISO/Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in systems(s) to which the contractor has access.

To the extent known by the contractor, the contractor’s notice to CFTC will identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the CFTC information/assets were placed at risk or compromised), and any other information that the contractor considers relevant. To the extent practicable, the contractor shall mitigate any harmful effects on individuals whose CFTC information was accessed or disclosed in a security incident.

Security Controls Compliance Testing

On a periodic basis, CFTC reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. The Government may conduct a security control assessment on shorter notice (to include unannounced assessments) determined by CFTC in the event of a security incident or at any other time.

Training

All contractor employees and subcontractor employees requiring access to CFTC information and CFTC information systems shall complete the following before being granted access to CFTC networks:

(1) Sign and acknowledge understanding of and responsibilities for compliance with the

CFTC Rules of Behavior relating to access to CFTC information and information systems;

(2) Successfully complete CFTC Cyber Security Awareness Training (CSAT) and annual refresher training as required;

(3) Successfully complete CFTC General Privacy training and annual refresher training as required; and

(4) Successfully complete any additional cyber security or privacy training, as required for CFTC personnel with equivalent information system access – e.g., any role-based information security training required in accordance with NIST Special Publication 800- 16, Information Technology Security Training Requirement.

The contractor shall provide to the Contracting Officer a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

10. Deliverables

The contractor shall produce the following deliverables detailed in PWS, Section 5 Documentation Requirements. The contractor shall prepare deliverables using Microsoft Office Suite 2019, or compatible formats, as approved by the COR. The COR will review all deliverables and provide comments and/or approvals/disapprovals in a timely manner so as not to adversely impact the project schedule. The CFTC requires a review period of at least five business days in order to accept deliverables. The CFTC may request bi-weekly interim reviews of deliverables to ensure deliverables are on schedule to meet the intended need. All uses of “days” in the following table refer to business days.

Deliverables Due Date

Implementation Plan To be submitted with the quotation

Data Quality Procedures To be submitted with the quotation

Requirements Traceability Matrix To be submitted with the quotation

Architecture and Design Document Within 10 days of contract award

Project Schedule Within 10 days of contract award

Test Document Within 5 days prior to the start of implementation of the data feed

Operations and Maintenance Procedures Within 30 days of contract award

11. Performance-Based Service Contracting (PBSC)

Performance-based service contracting (“PBSC”) emphasizes that all aspects of an acquisition be structured around the purpose of the work to be performed as opposed to the manner in which the work is to be performed or broad, imprecise statements of work which preclude an objective assessment of contractor performance. It is designed to ensure that contractors are given freedom to determine how to meet the Government’s performance objectives. Incentives are used to motivate the contractor to consistently achieve appropriate performance quality levels.

This section contains the performance metrics which will be used to evaluate contractor performance under this contract.

A. Performance Requirements Summary (PRS)

1. PRS Format

The PRS is organized as follows:

Column Function Selected Service Performance Area

(SSPA)

Lists the SSPA that the government will survey. The absence of any contract requirement from the PRS shall not detract from its enforceability or limit the rights or remedies of the government under any other provisions of the contract.

Standard Defines the standard of performance for each listed SSPA.

Performance Requirement

Sets forth the maximum allowable deviation from standard performance for that service that may occur before the government will invoke the payment computation formula, resulting in a deduction for unsatisfactory performance or non-compliance with the contract.

Method of Surveillance Sets forth the surveillance methods the government will use to evaluate the contractor’s performance for the listed tasks.

Performance Calculation

Sets forth the performance evaluation area percentage weighting that the listed requirement represents.

2. Government Quality Assurance

Contractor performance will be surveyed to determine if it meets the contract standards.

A variety of surveillance methods may be used.

3. Periodic Inspection of the Process or Output

CFTC officials may conduct periodic inspections with a frequency of less than 100%, using surveillance methodologies which include, but are not limited to, direct observation, and reports receipt & verification.

4. Customer Complaints

CFTC may use validated customer complaints as the basis for actions against the contractor. Customer complaints are investigated using multiple avenues including, but not limited to, a discussion with the complaining party, tracking system reports, and meetings with the vendor.

5. Grace Period for Initial Award

No deduction from payment to the contractor will be made for defects in performance during the first two full calendar months after commencement of work under this contract. The initial monthly surveillance period shall commence as of the third full calendar month following commencement of work under this contract. This grace period applies only to the performance metrics defined in the PRS Matrix, does not relieve the contractor of the need to perform at a satisfactory level, and does not limit remedies available to the government under other terms and conditions of the contract.

Performance during the grace period will be included in any past performance information retained by the Commission or provided to other agencies.

6. Performance Evaluation

Performance of a service will be evaluated to determine whether or not it meets the performance requirements of the contract. When the performance requirement (maximum allowable deviation from the standard) is exceeded, the contracting officer will issue a Contract Discrepancy Report (CDR) to the contractor. Upon evaluation of the contractor’s response to a CDR, the contracting officer will make a determination on whether or not a deduction is still appropriate. Should the contracting officer determine that a deduction is necessary, the deduction shall be taken from the month in which the contracting officer makes the determination. The contractor shall respond to the CDR by completing the appropriate blocks of the form and returning it to the contracting officer within 15 calendar days of receipt. The contractor shall have the right of appeal from determinations of the contracting officer under the “Disputes” clause of the contract. The contractor shall proceed diligently with performance of the work, pending final resolution of any dispute.

7. Contractor Payment

Contractor payments shall be determined as follows:

a) For performance of service that meets the performance requirement, the contractor shall be paid the validated bill for that service.

b) If performance of a service does not meet the performance requirement for that service, the government will pay the validated bill amount less any deductions for unsatisfactory performance, or non-compliance with the contract in accordance with this section.

c) Deductions shall be taken from the month in which the contracting officer makes the determination that a deduction is appropriate, regardless of the period in which the performance occurred. Deductions shall be applied to the monthly invoice of the contract.

1. The total deduction for any surveillance period shall not exceed 30% of the monthly invoice.

2. Examples of determination of deduction:

a. Example 1 – Assume the invoiced amount for the month the monthly determination is made is $50,000.

Assume the maximum deduction assigned to SSPA 1 is 10% or

$5,000 ($50,000 x 10%).

Assume the contractor incurs a total deduction of 2% for failure to meet the performance requirements for SSPA 1 for the monthly surveillance period, but meets all other performance requirements of the contract.

The total deduction for defective work is $1,000 ($50,000 x 2%).

Amount the contractor will receive = $49,000 ($50,000 - $1,000).

b. Example 2 – Assume the invoice amount is $50,000.

Assume the maximum deduction assigned to SSPA 1 is 10% or

$5,000 ($50,000 x 10%).

Assume the maximum deduction assigned to SSPA 2 is 10% or

$5,000 ($50,000 x 10%).

Assume the maximum deduction assigned to SSPA 3 is 10% or

$5,000 ($50,000 x 10%).

Assume the contractor incurs a total deduction of 30% for failure to meet the performance requirements for SSPAs 1, 2, and 3 for the monthly surveillance period, but meets all other performance requirements of the contract.

Amount the contractor will receive = $35,000 ($50,000 - $15,000).

PRS Matrix

Selected Service

Performance Area (SSPA)

Standard Performance requirement Method of surveillance Performance calculation

1. Connection of Market Data Pricing Feed

The connection of the market data pricing feed is stable.

The connection of the market data pricing feed must be available at all times. No more than 4 hours of downtime during CFTC normal business hours per surveillance period may occur.

Direct Observation and Reviewing Reports

Period: Monthly

2% deduction once the 4 hours of downtime is reached and an additional 2% for every 15 minutes cumulatively down thereafter per month, not to exceed 10% deduction of total monthly invoice, determined monthly.

2. Customer complaints

Services are provided in a polite, courteous, and professional manner.

No validated written customer complaints may be received based on interaction with contractor staff month.

Written customer complaints, validated by the

COR

Period: Monthly

2% deduction for each validated customer complaint per month, not to exceed 10% deduction of monthly invoice, determined monthly.

3. Contract Deliverables (See PWS Section 10)

Deliverables are provided as required by the PWS.

No deliverables may be late or require resubmission due to being inaccurate or incomplete.

CFTC Inspection of Reports and Deliverables

Period: Monthly

2% deduction for each deliverable that does not meet the performance requirement, not to exceed 10% of total monthly invoice, determined monthly.

PRS Contract Discrepancy Report

CONTRACT DISCREPANCY REPORT

1. CONTRACT NUMBER 2. REPORT NO.

3. TO: (Contractor and Manager name) 4. FROM: (COR)

5. DATES

PREPARED RETURN BY

CONTRACTOR

ACTION COMPLETED

6. DISCREPANCY OR PROBLEM: (Describe in detail: include references to PWS/PRS)

7. SIGNATURE OF CONTRACTING OFFICER

8. TO: (Contracting Officer) FROM: (Contractor)

9. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION AND ACTIONS

TO PREVENT RECURRENCE. ATTACH CONTINUATION SHEET. IF NECESSARY.

(Cite applicable QC program procedure or new QC procedures)

10. SIGNATURE DATE

11. GOVERNMENT EVALUATION (Acceptable, partial acceptance, rejection. Attach continuation sheet, if necessary)

12. GOVERNMENT ACTIONS (Payment deduction, cure notice, show cause, other)

PART II

ADDITIONAL TERMS AND CONDITIONS

1. CONTRACT PRICING – FIRM FIXED PRICE CONTRACT

This is a firm-fixed price contract. The total firm-fixed-price is $____________.

2. DESCRIPTION OF SUPPLIES/SERVICES

CLIN/Description QTY UNIT UNIT

PRICE

TOTAL FUNDED

AMOUNT

Base Period 00001: Market Data Pricing Feed

12 MO $ $ GOV USE

00002: Market Exchange Fees

12 MO $ $ GOV USE

00003:

Implementation and Integration

1 EA $ $ GOV USE

Total – Base Period $ GOV USE Option Period 1 10001: Market Data Pricing Feed

12 MO $ $ GOV USE

10002: Market Exchange Fees

12 MO $ $ GOV USE

Total – Option 1 $ GOV USE Option Period 2 20001: Market Data Pricing Feed

12 MO $ $ GOV USE

20002: Market Exchange Fees

12 MO $ $ GOV USE

Total – Option 2 $ GOV USE Option Period 3 30001: Market Data Pricing Feed

12 MO $ $ GOV USE

30002: Market Exchange Fees

12 MO $ $ GOV USE

Total – Option 3 $ GOV USE Option Period 4 40001: Market Data Pricing Feed

12 MO $ $ GOV USE

40002: Market Exchange Fees

12 MO $ $ GOV USE

Total – Option 4 $ GOV USE Total Contract Value

$ GOV USE

3. PERIOD OF PERFORMANCE

The base period of performance for CLINs 00001 and 00002 of this contract is August 26, 2023 through August 25, 2024. The period of performance for CLIN 00003 of this contract is from the date of the kickoff meeting through 30 calendar days after the kickoff meeting.

4. OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

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

The period of performance of the Options, if exercised, are as follows:

Option Period 1: 08/26/2024 through 08/25/2025.

Option Period 2: 08/26/2025 through 08/25/2026.

Option Period 3: 08/26/2026 through 08/25/2027.

Option Period 4: 08/26/2027 through 08/25/2028.

5. CONTRACTING OFFICER

For the purpose of this contract, the Contracting Officer is:

Christine Han Commodity Futures Trading Commission 1155 21st Street, NW Washington, DC 20581 Phone: (202) 418-6046 E-Mail: chan@cftc.gov

6. CONTRACTING OFFICER’S REPRESENTATIVE

For the purpose of this contract the Contracting Officer’s Representative shall be:

Identified at the time of contract award.

The Contracting Officer may also designate an Alternate COR contract. The Alternate COR, if designated, will be authorized to perform the COR responsibilities described in this contract in instances where the COR is not available.

7. TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of work under this contract shall be subject to the surveillance and written technical direction of the COR. The term “technical direction” is defined to include:

(1) Directions to the contractor that provide clarification of the requirements described in the Performance Work Statement.

(2) Inspection and acceptance of deliverables completed by the contractor under this contract.

(b) The COR does not have authority to, and may not, issue any technical direction which:

(1) Assigns additional work outside the scope of work for the contract;

(2) Constitutes a change as defined in the contract clause(s) that address “changes”;

(3) In any manner causes an increase or decrease in the contract price or the time required for performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the contractor’s right to perform the terms and conditions of the contract.

(c) All technical direction shall be issued in writing by the COR. The contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed in this clause and within his/her authority under the provisions of this clause. If, in the opinion of the contractor, any instruction or direction by the COR would increase or decrease the cost of the contract or result in work outside the scope of this contract, the contractor shall not proceed but shall immediately notify the Contracting Officer in writing. It is anticipated that within 30 days of receiving the notification from the contractor, the Contracting Officer will either issue an appropriate contract modification or advise the contractor in writing that:

(1) The technical direction is rescinded in its entirety;

(2) The technical direction is within the scope of the contract, does not constitute a change as defined in the contract clause(s) that address “changes” and that the contractor should continue with the performance of the technical direction.

(d) A failure of the contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the provisions of the “Disputes” clause of the contract.

(e) Any action(s) taken by the contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the contractor’s risk.

8. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – Market Data

The requirements of the Prompt Payment Act, P.L. 97-177, as reflected in the clauses incorporated into the contract (e.g., FAR clauses 52.232-25, Prompt Payment, and 52.212-4, Contract Terms and Conditions--Commercial Items) apply to this contract.

Payment requests (i.e., invoices) shall be submitted electronically through the Delphi eInvoicing system via Login.gov as follows: for CLINs X0001 and X0002, the invoice shall be submitted on a monthly basis, in arrears, for processing and payment; for CLIN 00003, the invoice shall be submitted upon completion of the implementation, and is payable after acceptance. (For foreign contractors see Note at end of clause.) The CFTC’s Delphi eInvoicing system is managed by the Department of Transportation’s Enterprise Services Center (ESC).

Invoices shall include sufficient detail to identify the contract CLIN(s) for which the request for payment is being made. The contractor shall also complete the “Period of Performance Begin” and “Period of Performance End” fields when submitting an invoice through the eInvoicing system, corresponding to the period of performance of the submitted invoice.

Upon contract award, the contractor shall provide an invoicing point of contact to the Contracting Officer as follows:

• First and Last Name

• Email Address (not a centralized email address)

• Phone Number

The contractor shall notify the Contracting Officer of changes to the above information within ten (10) days after the change.

The contractor shall access the eInvoicing System using the following link:

https://einvoice.esc.gov/

If the contractor requires assistance with the eInvoicing system, they may contact the ESC help desk:

ESC Help Desk for the Delphi eInvoicing System

• Business Hours: 8:00am to 7:00pm

• 1-866-641-3500

In the event a refund is due the government, the contractor shall remit payment via the secured electronic government collections system, www.pay.gov.

https://login.gov/ https://einvoice.esc.gov/ http://www.pay.gov/

Note: All requirements in this clause for submitting invoices through the Delphi eInvoicing system (i.e. “iSupplier”) apply only to domestic contractors. Foreign contractors shall only submit invoices via email to 9-amc-amz-cftc@faa.gov. For purposes of this clause, “foreign contractor” means a contractor organized or existing under the laws of a country other than the United States. All other requirements in this clause apply to both domestic and foreign contractors.

9. PLACE OF PERFORMANCE

CFTC anticipates that the work under this contract will be performed at the Government’s facilities in Washington, DC.

10. LIABILITY – Market Data

The contractor shall be responsible for all liabilities which result from willful misconduct, gross negligence, or lack of good faith on the part of any of its officers and employees. Such liability is not restricted by any dollar limitations.

11. GOVERNMENT RIGHTS IN SOFTWARE AND DATA

The Government shall have unrestricted rights in all computer software, documentation, and other data developed and created by the Contractor under this contract specifically for CFTC, as described in FAR Clause 52.227-14, Rights in Data – General (May 2014), which is incorporated herein by reference.

12. PRIVACY ACT COMPLIANCE

The contractor and contractor personnel shall store, use, maintain, share and dispose of personally identifying information it receives under this contract in accordance with the Privacy Act of 1974 (5 USC §552a) and its implementing Federal regulations.

13. COMMERCIAL SUPPLIER AGREEMENTS – UNENFORCEABLE CLAUSES

(a) “Commercial supplier agreements” means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The following terms apply–

(1) Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), Subscription Agreement, governing terms or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

mailto:9-amc-amz-cftc@faa.gov

(2) Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) When any supply or service acquired under this contract is subject to a commercial supplier agreement, the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the CFTC for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including, but not limited to, all contracts, task orders, and delivery orders under FAR Part 12).

(ii) End user. This agreement shall bind the CFTC as end user but shall not operate to bind a CFTC employee or person acting on behalf of the CFTC in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the CFTC to the laws of a U.S. state, U.S.

territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the CFTC except as allowed by this contract. If the supplier or licensor believes the CFTC to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance.

(v) Disputes. This contract is subject 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(vi) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the CFTC only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vii) Updating terms.

(A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

(I) Terms that change CFTC rights or obligations;

(II) Terms that increase CFTC prices;

(III) Terms that decrease overall level of service; or

(IV) Terms that limit any other CFTC right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material…