Justification_Redacted.pdf

FOR OFFICIAL USE ONLY

Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

CFTC intends to solicit on a sole source basis. The following rationale is provided in accordance with the requirements of FAR 6.302-1.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

This justification for other than full and open competition has been prepared by the Commodity Futures Trading Commission (“CFTC” or “Commission”), Business Operations Branch, Procurement and Travel Management Section, 1155 21st Street, NW, Washington, DC 20581.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The action being approved is to modify Contract 9523ZY-21-C-0030 with Vertex Analytics Inc., to add two (2) additional licenses to the subscription service for access to hosted order book data and visualization software required to facilitate the use of the data in support of prospective and ongoing litigation as well as economic analysis.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE)

The CFTC requires two additional licenses to the commercial-off-the-shelf (COTS) V3 platform as well as access to publicly available order book data hosted by Vertex Analytics Inc. The additional licenses are needed to provide Division of Enforcement staff greater access to the analytics tool and data necessary in processing cases.

The additional licenses will be added to the remaining six (6) months of the Base Year and each of the four (4) one-year option periods. is for a one (1) year base period with four (4) 12-month option periods. The total price of this action is , including the remainder of the base year and all option years.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION

The statutory authority permitting other than full and open competition for this requirement is FAR 6.302-1(a). There is only one responsible source and no other services will satisfy CFTC’s requirements.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

The daily number of order messages averages approximately 2,000,000,000 to 5,000,000,000 discrete records. This amount of data is an order of magnitude greater than any data set the Commission currently receives. The amount of storage and server capacity to support queries on this data has limited Commission inquiries to only very targeted requests for limited defined periods of time for review. For the same reason there is no regular oversight of this data or routine incorporation of this data into investigations from tips or other sources. To attempt using standard SQL queries on data of this size could take an unacceptably long response time, hours to days rather than seconds to minutes. As such, DOD needed to look for different and innovative ways to host, secure, and make available this data for Commission staff.

Vertex Analytics currently hosts over ten (10) years’ worth of the CME Group’s order data.

Vertex also offers V3, a visualization software application used to access and view this data in a myriad of ways. This combination of data availability on a scale the Commission seeks as well as software to retrieve and reconstruct the electronic futures marketplace is a unique package suited to the needs of the Commission.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202

APPLIES

Pursuant to the requirements of FAR 6.302-1(d) (2) and 5.201(b) (1) (i), CFTC posted a pre-solicitation notice of its intent to enter into a contract with Vertex on a sole source basis. The notice described CFTC’s requirements, and stated that it would consider responses from all responsible sources received. The announcement was posted on February 28, 2022, with a response date of March 11, 2022. No responses to the announcement were received. Therefore, negotiations will be conducted with Vertex on a non-competitive basis.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

The additional licenses will be awarded at the same monthly rate under Contract 9523ZY-21- C-0030 that was awarded in September 27, 2021. The monthly license costs under the contract were determined to be fair and reasonable at the time of award. Therefore, Contracting Officer considers the price associated with this action to be fair and reasonable.

Contracting Officer’s Certification

I certify that the data supporting the recommendation to solicit and award on a sole source basis is accurate and complete to the best of my knowledge and belief.

Kathryn M. Rison Contracting Officer

Kathryn M Rison

Digitally signed by Kathryn M Rison Date: 2022.03.16 16:26:28 -04'00'