Activu - Gold Level Maintenance

The Commodity Futures Trading Commission (CFTC) intends to award a purchase order to Activu Corporation (Activu), on a sole source basis, for Gold Level Maintenance for CFTC’s Market Watch Activu System. In carrying out the agency’s mission, CFTC requires support of the Division of Market Oversight’s Market Watch Room (MWR) which is a key component of the market surveillance program. The CFTC’s market surveillance program is intended to preserve the economic functions of futures, options, and swaps markets. It is focused on protecting market users and the public from fraud, manipulation and abusive practices that are prohibited by the Commodity Exchange Act, and fostering open, competitive, and financially sound derivatives markets.  The MWR was designed and implemented with the Activu display system software and infrastructure.  The proper maintenance of the MWR is necessary to ensure support of operational market surveillance activities.  There is no known alternative source that provides the critical and comprehensive maintenance of the MWR system to satisfy CFTC’s Division of Administration’s requirements.   The authority permitting the acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer is 13.106-1(b)(1)(i) -- the circumstances deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). The anticipated contract will have a period of performance of a base period of one (1) year and three (3) one (1) year optional periods.  The identified vendor is the sole provider of these items.  Therefore, this vendor is the only responsible source identified as reasonably available that will satisfy the agency requirements.  THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE PROPOSALS and a solicitation will not be issued.  However, the Government will consider responses from all responsible sources received by the date and time identified above.  Written responses must include sufficient information to establish capability to fulfill the requirement.  Oral communications are not acceptable in response to this notice.  Any responses received will only be considered for the purposes of determining whether to conduct a competitive procurement in lieu of the sole source described in this notice, and such determination shall be made at the sole discretion of the CFTC.