RFQ_9523ZY-19-Q-0029.pdf

9523ZY-19-Q-0029 Page 1

Request for Quote

Access to Data for All Commodities Listed

In Existing U.S. Commodity Exchanges

RFQ #9523ZY-19-Q-0029

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The U.S. Commodity Futures Trading Commission (CFTC) has a requirement for Access to Data for All Commodities Listed in Existing U.S. Commodity Exchanges.

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; quotes are being requested and a separate written solicitation will not be issued.

The solicitation number is 9523ZY-19-Q-0029. This solicitation is issued as a request for quote

(RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02 effective 05-06-2019.

The applicable NAICS code is 519190, and this is an unrestricted full and open competition.

Size standard: $27.5 million.

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

See Section I for a description of requirements for the items to be acquired: Access to Data for All Commodities Listed In Existing U.S. Commodity Exchanges

Dates and place of performance: The period of performance is a base period of 12 months and four (4) 12-month options. The place of performance is the contractor’s facilities and CFTC offices in Washington, DC, Chicago, IL, and New York, NY.

See Section III for the provision FAR 52.212-1, Instructions to Offerors – Commercial and the associated addenda.

See Section III for the description of the Evaluation in lieu of provision FAR 52.212-2, Evaluation- Commercial Items.

Quoters shall ensure they have and maintain an active registration in the System for Award Management System (SAM), including Representations and Certifications-Commercial Items in accordance with provision FAR 52.212-3, Quoters Representations and Certifications- Commercial Items.

FAR 52.212-4, Contract Terms and Conditions-Commercial Items is applicable to this solicitation. (See Section II)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items is applicable to this solicitation. (See Section II)

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P295_49304

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The quoter shall hold their prices in its quotation firm for 120 calendar days from the date specified for receipt of quotes.

The date and time quotes are due: 12:00pm local (Washington, DC) time, July 23, 2019.

The name and telephone number of the individual to contact for information regarding the solicitation: Jerald Neveleff (202.418.5345), jneveleff@cftc.gov. Questions are due in writing to jneveleff@cftc.gov not later than 12:00pm local (Washington, DC) time, July 9, 2019.

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

(REST OF THIS PAGE INTENTIONALLY LEFT BLANK)

mailto:jneveleff@cftc.gov

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PART I

STATEMENT OF WORK

Access to Data for All Commodities Listed In Existing U.S. Commodity Exchanges

1. BACKGROUND

The U. S. Commodity Futures Trading Commission (CFTC) is an independent federal government agency. The mission of the CFTC is to protect market users and the public from fraud, manipulation, and abusive practices related to the sale of commodity futures and options and foster open, competitive, and financially sound commodity futures and option markets. The agency has five offices located throughout the U.S. The CFTC headquarters office is located at 1155 21st Street, N.W., Washington, DC 20581. The regional offices are located in New York, NY; Chicago, IL; Kansas City, MO; and Continuity of Operations Planning (COOP) site.

2. DESCRIPTION OF WORK/ SYSTEM SURVEILLANCE ELEMENTS & CONTRACTOR

RESPONSIBILITIES

CFTC is seeking a solution that includes all relevant news, price, and other data as specified below for all commodities listed in an existing US commodity exchanges including but not limited to CME Group (includes NYMEX & COMEX), ICE US, NASDAQ Futures, CFE, CBOE, and CBOT.

The solution shall allow CFTC staff to have access (depending on assigned areas of interest) to the relevant news, prices and other data from foreign boards of trade, including but not limited to real time data for ICE Futures Europe, and LME, using CFTC owned computers. Offering data for additional foreign boards of trade, such as the Shanghai Exchange, may be provided on time-delayed bases.

The solution shall perform the following:

• Provide access to real time price and market data

• Provide access to historical price and market data

• Have the ability to export/download data (prices and market statics)

• Have the ability to create alerts based on predetermined price changes

• Provide access to live news feed

Base Parameters: CFTC is seeking a solution that supports the following elements:

A. General Surveillance:

(i) Real Time Price Data for Futures, Options, and Spreads (inter and cross-commodity), including, the following elements in customizable quote board:

• Current Price

• Current Bids and Offers (indicate depth of Exchange’s Central Limit Order Book)

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• New Settlement Price

• Previous Settlement Price

• Change in price and percentage change compared to previous settlement for current price and new settlement price

• Session Open price

• Session High Price

• Session Low Price

• Cumulative Trading Volume for Session

(ii) Market Statistics, including:

• Open Interest

• Volume

• Deltas for Options

• Contract Month High/Low transacted price

• Market Historical High/Low settlement price

• Market Historical High/Low Open Interest

• Market Historical High/Low Volume

(iii) Charts for Futures, Options, Spreads (inter and cross-commodity), ability to include at least the following:

• Price

• Bids/Offers

• Volume

• Add Multiple Commodities

• Add secondary y-axis

• Ability to specify and change increments (tick, 1 minute, 5 minute, 30 minute, Daily, etc.)

• Ability to specify time period of chart and request real-time updating (30 minutes, 24 hours, 1 month, 6 month, 1 year, 5 year, from/to specific dates, etc.)

(iv) Futures Forward Curves

(v) Time and Sales Data

(vi) Current Spot/Cash or Forward Prices

(vii) Ability to Create Derived Variables or Synthetic Price Symbols (i.e. price ratios, cross-commodity spreads)

(viii) Ability to add Derived Variables or Synthetic Price Symbols to quote boards or charts

(ix) Live News Feed that includes international and domestic:

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• Commodity specific news, including fundamental information (i.e. supply, demand, exports, imports, etc.)

• Exchange Information, such as warehouse stocks and grading information

(x) Provides users the ability to set-up and save multiple customized workspaces (filtered news feeds, custom quote boards, custom charts)

B. Financial Surveillance:

In addition to being able to monitor all US exchanges that list financial futures and/or options (currencies (FOREX), single stocks futures, equity indices, and treasuries), the solution shall provide access to data from other US exchanges that trade products related to equity and financial futures.

C. Agricultural/Softs Surveillance:

• News/Reports regarding USDA data.

• Data for Related Markets from Foreign Boards of Trade, including real time data for ICE

Europe.

• International and Domestic Spot/Cash or Forward Price data for softs, livestock, and grains, including daily grain elevator bids/offers.

D. Metals Surveillance:

• International and Domestic Metals Exchange Warehouse Data.

• Data for Related Markets from Foreign Boards of Trade, including real time data for

LME.

• International and Domestic Spot/Cash or Forward Price data for base and precious metals.

E. Energy Surveillance:

• In addition to natural gas, crude oil, gasoline, and distillates, the solution shall include all price, news, and market data available for additional energy markets with listed US futures and/or options, specifically power, but also other markets such as liquefied natural gas, and renewable fuels, including RINs.

• Spot/Cash Price data for domestic petroleum and natural gas markets

• News/Reports regarding EIA, API, and IEA data.

• Data for Related Markets from Foreign Boards of Trade, including real time data for ICE

Europe.

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F. Cryptocurrency Surveillance:

In addition to being able to monitor all US exchanges that list cryptocurrency futures and/or options, the solution shall provide access to related cryptocurrency indices, as well as data from other exchanges, domestic and Foreign Boards of Trade that offer products related to listed virtual currency futures.

G. User Training and Support:

Throughout the term of the contract, the Contractor shall:

• Provide, as needed, training for existing and new users on the operations of the solution as well as work station set-up assistance at the users’ location (CFTC headquarters and the Regional Offices located in Chicago, IL and New York, NY). The training may be provided in one or a combination of the following methods: in-person, telephone, or web ex (or equivalent).

• Provide User Support between the hours of 8:00am and 5:00pm ET, Monday through Friday.

• If the solution requires installation onto the CFTC network, provide technical support to the CFTC Office of Technology and Data (ODT) regarding installation and quoter access needs.

H. System Support:

The Contractor shall provide:

• Implementation, installation, training and operational (go-live) capability within seven

(7) days after award.

• Hours for technical and system support should be consistent with hours during which real-time commodity exchange data are transmitted.

• System Maintenance during non-working hours (after 7:00pm (ET) and before 7:00am

(ET)).

3. TECHNICAL REQUIREMENTS

The contractor’s solution shall meet the following Information technology (IT) technical requirements:

• The solution shall be compatible with United States Government Configuration Baseline (USGCB) policy standards https://usgcb.nist.gov/.

• The solution shall not require local administrator permissions to function completely.

• The solution shall be compatible with Internet Explorer 11 or greater.

• The solution shall be compatible with Windows 7 SP1 or greater

• The solution shall be compatible with Microsoft Office 2010 SP2 or greater.

• The solution shall support silent installation.

https://usgcb.nist.gov/

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• 508 Compliance with the following standards:

o 36 CFR 1194.21 o 36 CFR 1194.22

4. DESKTOP PACKAGES & LICENSES REQUIRED:

A total of sixty (60) users will require access to the solution at any given time as follows:

• Complete Access to All Commodity & Financial Information: 32 Users

Including:

o All Financial Information o All Agricultural/Softs Information o All Metals Information o All Energy Information o LME- Real-time Access o ICE Futures Europe Real-time Access

• Access to Basic Commodity & Financial Information plus one or more of the areas listed below: 28 Users1 o All Financial Information: 1 User o All Agricultural/Softs Information: 14 Users o All Metals Information: 6 Users o All Energy Information: 8 Users o LME- Real-time Access: 5 Users o ICE Futures Europe Real-time Access: 16 Users

As Division needs and headcount can fluctuate, the CFTC requires discretion to switch users as needed.

(End of Statement of Work)

1 For example, of the 16 users with access to ICE Futures Europe Real-time Access, a person will also require access to All Metals Information and All Energy Information. This person would have access to three areas.

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PART II

ADDITIONAL TERMS AND CONDITIONS

1. CONTRACT PRICING

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

2. DESCRIPTION OF SUPPLIES/SERVICES

CLIN Product Name and Description Quantity Unit Monthly*

Price

Total Annual Price

0001 Access to Data for All Commodities Listed In Existing U.S. Commodity Exchanges (Base)

12 Month

1001 Access to Data for All Commodities Listed In Existing

Exchanges (Option 1)

2001 Access to Data for All Commodities Listed In Existing

Exchanges (Option 2)

3001 Access to Data for All Commodities Listed In Existing

Exchanges (Option 3)

4001 Access to Data for All Commodities Listed In Existing

Exchanges (Option 4)

Total of Contract *The monthly amount shall be invoiced in accordance with Clause 5, ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – iSupplier (Access to Data)

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3. CONTRACTING OFFICER

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

Jerald (Jerry) Neveleff Commodity Futures Trading Commission Financial Management Branch 1155 21st Street, NW Washington, DC 20581 Phone: (202) 418-5345 E-Mail: jneveleff@cftc.gov

4. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative (COR) assigned to this contract is: (To be determined at award.)

5. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – iSupplier (Access to 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 on a monthly basis in accordance with the pricing in the Schedule in arrears for processing and payment. The CFTC’s Delphi eInvoicing system is managed by the Department of Transportation’s Enterprise Services Center (ESC).

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:

http://einvoice.esc.gov/

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

http://einvoice.esc.gov/

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ESC Help Desk for the Delphi eInvoicing System

• Business Hours: 8:00am to 7:00pm

• 1-866-641-3500

6. PERIOD OF PERFORMANCE

The period of performance for CLIN 0001 of this contract is December 1, 2019 through November 30, 2020.

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

CLIN 1001 of this contract is December 1, 2020 through November 30, 2021.

CLIN 2001 of this contract is December 1, 2021 through November 30, 2022.

CLIN 3001 of this contract is December 1, 2022 through November 30, 2023.

CLIN 4001 of this contract is December 1, 2023 through November 30, 2024.

7. 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 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.

8. 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 Statement of Work.

(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;

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

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

(4) Interferes with the contractor’s right to perform the terms and conditions of the

(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 the contact, 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 contact, 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 actions to be taken with respect thereto, shall be subject to 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.

9. LIABILITY

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.

10. 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 52.227-17, Rights in Data – Special Works (Dec 2007), which is incorporated herein by reference.

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11. COMPLIANCE WITH THE REHABILITATION ACT OF 1973

All electronic and information technology (“EIT”) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). In the event that the Contractor’s work does not meet such standards, and the defect is brought to the Contractor’s attention no later than one year after the date of final payment under this contract, the Contractor will be responsible for correcting the work at no cost to the Government.

12. TERMS OF SERVICE AGREEMENTS

There are no End User License Agreements (EULAs), Terms of Service, or other similar legal instruments or agreements incorporated or applicable to this contract. In the event that such a legal instrument or agreement is later required by the contractor or any third-party service provider, the terms and conditions shall first be negotiated and approved by the CFTC Contracting Officer before they may apply to CFTC and its users of the services of the contractor or any third-party service provider.

The contractor agrees that if any such legal instrument or agreement contains a provision (a) allowing for the contractor or its third-parties’ termination of services; (b) allowing for the automatic renewal of services and/or fees; (c) requiring the governing law to be anything other than Federal law; and/or (d) specifying the jurisdiction and venue of any action, then such terms shall not apply with respect to the U.S. Government. In the event the contractor’s terms and conditions or those of any third-party service provider contain an indemnification provision, such provision shall not apply as to the U.S. Government indemnifying any party unless expressly authorized by statute and specifically authorized under CFTC regulations and procedures.

Changes to any terms and conditions shall be made pursuant to the Changes provisions of this contract [see FAR 52.212-4 “Contract Terms and Conditions – Commercial Items (OCT 2018)”]. Only a warranted Contracting Officer of CFTC may agree to changes on CFTC’s behalf. The contractor and/or its third parties shall not attempt to unilaterally change the terms and conditions of this contract including through the release of software updates. Any requirement from the contractor or its third-parties to accept different terms and conditions than those approved by the CFTC Contracting Officer by means of use, download, or click-through agreements shall be unenforceable.

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13. F.O.B. POINT

Delivery of any and all items under this contract shall be shipped F.O.B. destination to the Contracting Officer’s Representative identified under Part II, Additional Terms and Conditions, number 4 of this contract.

14. ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

Federal Acquisition Regulation (FAR) Subpart 9.5 prescribes responsibilities, general rules, and procedures for identifying, evaluating and resolving organizational conflicts of interest. The purpose of this clause is to avoid, neutralize, or otherwise mitigate conflicts of interest that might exist related to a contractor’s performance of work under this contract. If the contractor is aware, or becomes aware during the term of this contract, of any facts that might create an actual or potential conflict of interest, the contractor shall immediately provide a detailed disclosure of such facts to the Contracting Officer. At the request of the Contracting Officer, the contractor shall provide a conflict of interest avoidance or mitigation plan to CFTC. If such a plan is requested, continued performance under the contract may be conditional upon the Contracting Officer’s approval of the plan.

If approved by the Contracting Officer, the conflict of interest avoidance or mitigation plan shall be deemed incorporated into this contract, pursuant to this provision. This clause shall be included in any teaming or subcontract agreements with respect to work performed under this

15. COMMON SECURITY CONFIGURATIONS

(a) The data access system must fully comply with CFTC’s existing Windows based Directory Services (Lightweight Directory Access Protocol, Active Directory) to support user access. Other government standards that apply include OMB Circular A-130, Federal Information Security Management Act (FISMA), NIST Special Publication 800 Series, including NIST SP 800-53 rev. 4, the Privacy Act of 1974 as amended, and the Freedom of Information Act as amended. The software must contain security controls based on industry best practices.

(b) The contractor will certify that the system is fully functional and operates correctly as intended on systems using the United States Government Configuration Baseline (USGCB) for Windows 7. For the Windows 7 settings see:

http://www.microsoft.com/industry/government/solutions/usgcb/default.aspx

(c) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default “program files” directory and should be able to install and uninstall.

http://www.microsoft.com/industry/government/solutions/usgcb/default.aspx

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(d) The Commodity Futures Trading Commission reserves the right to test all delivered information technology to verify the contractor’s certification required in paragraph (a) above.

In the event the information technology does not meet the requirements of this clause, and the defect is brought to the Contractor’s attention no later than one year after the date of final payment under this contract, the Contractor shall correct the defect at no cost to the Government.

16. 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 it’s implementing Federal regulations.

17. NOTICE LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE

The following contract clauses pertinent to this Part are hereby incorporated by reference (by Citation Number, Title, and Date), with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of clauses incorporated by reference may be accessed electronically at this Internet address:

http://www.acquisition.gov/far

NUMBER TITLE DATE

52.203-3 GRATUITIES APR 1984

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER APR 2014

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON MAY 2011

RECYCLED PAPER

52.204-13 SYSTEM FOR AWARD MANAGEMENT OCT 2018

MAINTENANCE

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY JUL 2016

CODE MAINTENANCE

52.212-4 CONTRACT TERMS AND CONDITIONS-- OCT 2018

COMMERCIAL ITEMS

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.227-17 RIGHTS IN DATA—SPECIAL WORKS DEC 2007

52.232-40 PROVIDING ACCELERATED PAYMENTS TO DEC 2013

SMALL BUSINESS SUBCONTRACTORS

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18. 52.212-5 - - CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS

(MAY 2019)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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 items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (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).

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X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the quoter elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Jan 2017) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 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 (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

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__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

__ (38) (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.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41) (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.

9523ZY-19-Q-0029 Page 19

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

X (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 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. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

9523ZY-19-Q-0029 Page 20

__ (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 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).

__ (7) 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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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

9523ZY-19-Q-0029 Page 21 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 items. 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 (Oct 2015) (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 (Jul 2018) (Section 1634 of Pub. L.

115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

9523ZY-19-Q-0029 Page 22

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

19. LIST OF ATTACHMENTS

ATTACHMENT DESCRIPTION PAGES

Attachment A Past Performance Questionnaire 3

(REST OF PAGE INTENTIONALLY LEFT BLANK)

9523ZY-19-Q-0029 Page 23

PART III

QUOTATION PREPARATION INSTRUCTIONS /

EVALUATION CRITERIA

1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

The following solicitation provisions pertinent to this Part are hereby incorporated by reference (by Citation Number, Title, and Date), with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of provisions incorporated by reference may be accessed electronically at this Internet address:

https://www.acquisition.gov/far

NUMBER TITLE DATE

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING SEPT 2007

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2016

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY JUL 2016

CODE REPORTING

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR JUL 2016

52.209-2 PROHIBITION ON CONTRACTING WITH NOV 2015

INVERTED DOMESTIC CORPORATIONS–

REPRESENTATION

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL OCT 2018

ITEMS (see changes described in provision III.3, below)

52.225-25 PROHIBITION ON CONTRACTING WITH OCT 2015

ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN–

REPRESENTATION AND CERTIFICATIONS

2. ADDENDUM TO FAR 52.212-1 “INSTRUCTIONS TO OFFERORS–

COMMERCIAL ITEMS (OCT 2018)”

The following provisions are incorporated into this solicitation as addenda to FAR provision 52.212-1, “Instructions to Offerors–Commercial Items (OCT 2018)”. These provisions replace sections (b), (c), and (e) of provision 52.212-1.

3.1 GENERAL

(a) The Government intends to award one Fixed Price contract pursuant to this RFQ.

(b) The Government is not liable for any costs incurred by a quoter in submitting a quote in response to this RFQ.

https://www.acquisition.gov/far

9523ZY-19-Q-0029 Page 24

(c) The quoter agrees to hold the prices in its offer firm for one hundred twenty (120) calendar days from the date specified for receipt of quotes.

3.2. TIME, DATE AND PLACE QUOTES ARE DUE

(a) Quotes are due no later than 12:00 p.m. local (ET) on July 23, 2019, to the following location:

Commodity Futures Trading Commission Financial Management Branch Attention: Jerald Neveleff 1155 21st Street, NW Washington, DC 20581

(b) Quotes shall be submitted by e-mail to: jneveleff@cftc.gov. Please note that CFTC quarantines all emails that exceed 100MB in size. Quoters assume full responsibility for assuring that quotes are received in a timely manner. Facsimile submissions or email submissions that require CFTC to retrieve the quote volumes (e.g., through the use of a file transfer website or a personal network storage and backup website) will not be accepted.

(c) Quotations received after the time and date specified above will not be accepted unless the Contracting Officer determines that acceptance of the quotation are in the Government’s best interest and will not unduly delay the acquisition.

3.3 QUESTIONS CONCERNING THE SOLICITATION

(a) All questions concerning this RFQ must be submitted in writing to the Contracting Officer, Jerald H. Neveleff, by 12:00PM (ET) July 9, 2019. Prospective quoters are warned against contacting any CFTC personnel other than the Contracting Officer prior to award of a contract resulting from this RFQ. If such a contact occurs and is found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

Prospective quoters are asked to submit their questions grouped by RFQ section and making reference to the particular paragraph.

(b) All inquiries/questions shall be submitted to the Contracting Officer via email to the following email address jneveleff@cftc.gov. Answers to inquiries/questions, if given, will be provided in writing to all vendors being solicited, giving due regard to the proper protection of proprietary information.

(c) No information concerning this RFQ will be provided in response to telephone calls. All such requests shall be submitted in writing to the Contracting Officer by email as described above.

9523ZY-19-Q-0029 Page 25

3.4. QUOTE FORM AND CONTENT

(a) The overall quote shall consist of three physically separate written files, individually entitled as stated below.

(1) Volume I - General

(2) Volume II – Technical

(3) Volume III - Price

(b) Alternate quotes are not solicited, are not desired, and shall not be evaluated.

(c) The volumes of the quote must conform to the following instructions.

(1) VOLUME I - GENERAL, shall include the following items:

(i) Cover Letter - Provide a cover letter referencing the solicitation number and signed by an authorized official of the firm.

(ii) Point of Contact - Provide the name, title, telephone number, fax number and e-mail address of the designated point of contact for the quote.

(iii) Exceptions and Deviations - Provide a statement as to whether any exceptions or deviations are taken to this solicitation and, if so, provide a detailed description of the exceptions and/or deviations.

(iv) Acknowledgement of Amendments - Provide an acknowledgement of RFQ amendments, if any. The acknowledgement must reference the amendment number(s).

Note: The Quoter’s Volume 1 information shall not exceed a total of five (5) pages, excluding Acknowledgement of Amendments, if any, using 12 point or larger pitch for text, with a maximum page size of 8.5” x 11”. A pitch size smaller than 12 point is permissible for images, graphics and tables provided it is still legible. Partial pages will count as a full page.

(2) VOLUME II - TECHNICAL, shall include the following information (Note: NO

COST INFORMATION SHALL BE INCLUDED IN THIS VOLUME):

(i) Technical Solution - Provide specific details of your proposed product(s)/solution and how it meets CFTC’s Statement of Work (RFQ Part I), together with technical documentation sufficient to demonstrate how your proposed product(s)/solution will, at a minimum, meet the CFTC’s requirements.

(A) Description of Product(s)/Solution – Provide detailed information on the product(s)/solution including CFTC hardware and software requirements required to support the product(s)/solution proposed in response to this RFQ. Include any diagrams and inventories of hardware and software requirements and specify which system software or other products are required to operate the system based on CFTC’s platform, including any tools, plug-ins, or other software required on user desktops to utilize and/or administer the system. Further, describe the recommended process and level of effort for updates and regular patches as well as upgrading

9523ZY-19-Q-0029 Page 26 between major product releases. Discuss any technical challenges, especially with meeting the requirements. Provide a VPAT that reflects the level of compliance with Section 508 standards in the SOW.

(B) Description of Training – Describe the training that will be provided to existing and new users, including the proposed location for conducting the training as well as the frequency.

(C) Description of Maintenance and Technical Support – Describe the maintenance program that will be provided under the contract. Describe any and all additional maintenance terms and conditions that would apply to the contract including third-party licenses/agreements.

If the ultimate licensor (e.g., software publisher) is a third party, explain how software maintenance will be guaranteed to CFTC in accordance with the terms and conditions of…