1. CONTRACT PRICING 

This is a firm-fixed-priced contract for the Market Data Pricing Feed. 

2. DESCRIPTION OF SUPPLIES/SERVICES 

CLIN Product Period of Quantity Dcscrintion Performance 

Base Period 

August 26, 2023 (b)(4) 

1 Market Data through August 25, Pricing Feed 2024 

Market Exchange August 26, 2023 

2 through August 25, Fees 2024 

3 Implementation Award August 

and Integration 25,2023 

Option I 

August 26, 2024 

1001 Market Data through August 25, (b)(4) 

Pricing Feed 2025 

Market Exchange August 26, 2024 

2 through August 25, Fees 2025 

Ootion 2 

August 26, 2025 

2001 Market Data through August 25, (b)(4) 

Pricing Feed 2026 

Market Exchange August 26, 2025 

2 through August 25, Fees 2026 

Option 3 

August 26, 2026 

3001 Market Data through August 25, (b)(4) 

Pricing Feed 2027 

Monthly Rate Total Annual Amount 

Price Funded 

(b)(4) 

SI 19,954.88 $ 

$61,200.00 $ 

N/A $ 

(b)(4) 

S125,952.62 $ 

$64,260.00 $ 

(b)(4) 

S 132,250.26 $ 

$67,473.00 $ 

(b)(4) 

S138,862.77 $ 
August 26, 2026 I Market Exchange (b)(4) (b)(4)

2 through August 25, $70,846.65 $ Fees 2027 ' 

Option 4 

August 26, 2027 (b)(4) Market Data (b)(4)

4001 through August 25, S145,805.91 $ Pricing Feed 2028 

August 26, 2027 

Market Exchange 2 through August 25, $74,388.98 $ Fees 2028 

(b)(4) TOTALS Sl,000,995.07 $ 

4 Additional exchange sources will be billed at (bl( l per month per source 

Market Exchange Fees are charged directly from each particular Exchange and will cost the same regardless of which vendor you choc 

Assumptions: CFTC is responsible for applicable taxes, and the costs of all equipment, computers, communication lines, etc. to 

access and use the service. Third party licenses and additional fees may be required for certain data (e.g., CUSIP data, ratings data, 

etc.). 
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 \Vith 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: 

S47.0 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. 
RFQ# 9523ZY-23-Q-0022 

The date, time and place quotations are due: Quotations shall be submitted electronically to the 

Contracting Officer, Christine Han at chan(d;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(d;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 Tenns and Conditions 

Part III Quotation Preparation Instructions/Evaluation Criteria 
RFQ# 9523ZY-23-Q-0022 

PART! 

PERFORMANCE WORK ST A TEMENT (PWS) 

MARKET DATA SERVICES FOR GLOBAL RISK SYSTEM 

1. Background 

The Commodity Futures Trading Commission (CFTC) is a federal government agency \Vith 

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 s\vap participants and large traders. OCR monitors the 

clearing of futures, options on futures, and s\vaps by DC Os, assesses DCO compliance with 

Commission regulations, and conducts risk assessments and financial surveillance. OCR also 

makes recommendations on DCO applications and eligibility, rule submissions, and which types 

of s\vaps 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 

\Vorks in support of all of the Divisions and Offices of the Commission to ensure that they have 

\Vhat they need in terms of data to meet their goals. 

In partnership with DoD, OCR successfully deployed Global Risk's Firm Risk software as a 

Production environment in May of 2016. The Firm Risk software provides OCR \Vith 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 Fim1 Risk soft\vare, 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 bet\veen 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. 

1 
RFQ# 9523ZY-23-Q-0022 

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 

WindO\vs and SQL Server. 

3. Implementation 

The contractor shall design, configure, and implement the net\vork 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 \Vill 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 belO\v. 

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 \Vill use the User Acceptance Testing (UA T) 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 vaiy, 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 UA T period. CFTC anticipates that this testing period \Vill last 14 calendar 

days. 

2 
RFQ# 9523ZY-23-Q-0022 

Successful completion of the UAT period means that the market data pricing feed operates in 

the CFTC production environment for 14 consecutive days \Vith no issues, and othenvise 

performs in accordance \Vith 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 soft\vare 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 belO\v. 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, \Vhich 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 

3 
RFQ# 9523ZY-23-Q-0022 

• 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) 

4 
RFQ# 9523ZY-23-Q-0022 

9. CFTC IT Systems and Support Services Contract Requirements 

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 ofCFTC 

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 \Vhile 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 \Viii 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 \Vill 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 

5 
RFQ# 9523ZY-23-Q-0022 

done on behalf ofCFTC 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 ofCFTC 

infonnation only in compliance with the terms of the contract and applicable Federal and CFTC 

infomiation confidentiality and security laws, regulations and policies. Applicable Federal 

infomiation 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 ofCFTC 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. 

IfCFTC 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 

tenninate 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 ofNIST'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 \Vith 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 \Vith the FIPS 199 system 

security categorization. 

The security controls must be designed, developed, approved by CFTC, and implemented in 

accordance with the provisions ofCFTC security system development life cycle as outlined in 

NIST Special Publication 800-37. 

(Rest of Page Intentionally Left Blank) 

6 
RFQ# 9523ZY-23-Q-0022 

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: 

1. The systems of records; and 

11. The design, development, or operation \Vork 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 

\Vith 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 revie\ved 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-0\vned (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 

\Vill have access, and the appropriate level of security controls for all systems connected to 

CFTC networks. 

7 
RFQ# 9523ZY-23-Q-0022 

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 \Viii 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 \Vith 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 

infomiation involved, the circumstances surrounding the incident (including to \Vhom, hO\v, 

\Vhen, and \Vhere 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 follO\ving before being granted access to 

CFTC networks: 

8 
RFQ# 9523ZY-23-Q-0022 

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

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

(2) Successfully complete CFTC Cyber Security Awareness Training (CSA T) 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 \Vith 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 \Vill revie\v 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 

9 
RFQ# 9523ZY-23-Q-0022 

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 \Vork 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 Lists the SSPA that the government will survey. The absence of any 

Performance Area contract requirement from the PRS shall not detract from its 

(SSPA) 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 Sets forth the maximum allO\vable deviation from standard 

Requirement 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 Sets forth the performance evaluation area percentage weighting 

Calculation that the listed requirement represents. 

2. Government Quality Assurance 

Contractor performance \Viii 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 

10 
RFQ# 9523ZY-23-Q-0022 

contractor. Customer complaints are investigated using multiple avenues including, but 

not limited to, a discussion \Vith the complaining party, tracking system reports, and 

meetings with the vendor. 

5. Grace Period for Initial Award 

No deduction from payment to the contractor \Vill 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 ohvork 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. 

Perforniance during the grace period \Viii be included in any past performance 

information retained by the Commission or provided to other agencies. 

6. Performance Evaluation 

Perfomiance 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 

\Viii 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 necessaiy, 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 \Vith performance of the \Vork, pending final 

resolution of any dispute. 

7. Contractor Payment 

Contractor payments shall be detennined as follows: 

a) For performance of service that meets the perfomiance 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 \Viii pay the validated bill amount less any deductions for 

unsatisfactoiy performance, or non-compliance \Vith 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 

\Vhich the performance occurred. Deductions shall be applied to the monthly 

invoice of the contract. 

11 
RFQ# 9523ZY-23-Q-0022 

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 

S5,000 (S50,000 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 \Vork is S 1,000 ($50,000 x 2%). 

■ Amount the contractor \Vill receive= $49,000 (550,000 - $1,000). 

b. Example 2 

■ Assume the invoice amount is $50,000. 

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

S5,000 (S50,000 x 10%). 

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

S5,000 (S50,000 x 10%). 

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

S5,000 (S50,000 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 \Vill receive= $35,000 (550,000 - $15,000). 

(Rest of Page Intentionally Left Blank) 

12 
RFQ# 9523ZY-23-Q-0022 

PRS Matrix 

Selected 

Service 

Performance Standard Performance rcl(uircmcnt Method of 

surn•illance Performance calculation 

Area (SSPA) 

1. Connection The connection of the The connection of the market data Direct 2% <lc<luction once the 4 

of Market Data market <lata pricing pricing feed must be available at all Observation an<l hour~ ofdowntime is reached 

Pricing Feed feed is stable. times. No more than 4 hour~ of Reviewmg an<l an a<l<litional 2% for 

downtime during CFTC nom1al Report~ every 15 minutes 

business hours per ~urvcillancc cumulatively <lown thereafier 

pcrio<l may occur. Period: Monthly per month, not to exceed 1 0% 

deduction of total monthly 

invoice, determined monthly. 

2. Customer Services are provided No validated written customer Written customer 2% deduction for each 

complaints in a polite, courteous. complaints may be received based on complaints, validated customer complaint 

and professional interaction with contractor staff validated by the per month, not to exceed 1 0% 

manner. month. COR deduction of monthly invoice, 

determined monthly. 

Period: Monthly 

3. Contract Deliverables are No deliverables may be late or CrTC Inspection 2% deduction for each 

Deliverables provided as required require resubmission due to being of Reports and deliverable that does not meet 

(See P\VS by the rws. inaccurate or incomplete. Deliverables the performance requirement, 

Section I 0) not to exceed 1O'J·o of total 

Period: \tlonthly monthly invoice, determined 

monthly. 

(Rest of Page Intentionally Left Blank) 

13 
RFQ# 9523ZY-23-Q-0022 

PRS Contract Discrepancy Report 

CONTRACT DISCREPANCY REPORT 

I. 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) 

14 
-----

RFQ# 9523ZY-23-Q-0022 

PART II 

ADDITIONAL TERMS AND CONDITIONS 

I. CONTRACT PRICING - FIRM FIXED PRICE CONTRACT 

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

2. DESCRIPTION OF SUPPLIES/SERVICES 

CLIN/Description QTY UNIT UNIT TOTAL FUNDED 

PRICE AMOUNT 

Base Period 

0000 I: Market Data 12 MO $ s GOV USE 

Pricing Feed 

00002: Market 12 MO $ s GOV USE 

Exchange Fees 

00003: I EA $ s GOV USE 

Implementation and 

Integration 

Total - Base Period s GOV USE 

Option Period 1 

l000 I: Market Data 12 MO $ s GOV USE 

Pricimr Feed 

l0002: Market 12 MO $ s GOV USE 

Exchange Fees 

Total - Option I s GOV USE 

Option Period 2 

20001: Market Data 12 MO $ s GOV USE 

Pricing Feed 

20002: Market 12 MO $ s GOV USE 

Excham!:e Fees 

Total - Option 2 s GOV USE 

Ootion Period 3 

3000 I: Market Data 12 MO $ s GOV USE 

Pricing Feed 

30002: Market 12 MO $ s GOV USE 

ExchanPe Fees 

Total - Option 3 s GOV USE 

Ootion Period 4 

4000 I: Market Data 12 MO $ s GOV USE 

Pricing Feed 

40002: Market 12 MO $ s GOV USE 

Exchange Fees 

Total - Ootion 4 s GOV USE 

Total Contract $ GOV USE 

Value 

15 
RFQ# 9523ZY-23-Q-0022 

3. PERIOD OF PERFORMANCE 

The base period ofperfomiance for CLINs 00001 and 00002 of this contract is August 26, 2023 

through August 25, 2024. The period of performance for CUN 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 

11552l"Street.NW 

Washington. DC 20581 

Phone: (202) 418-6046 

E-Mail: chan(i7'.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 mvard. 

16 
RFQ# 9523ZY-23-Q-0022 

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 \Vork outside the scope of \Vork 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 

perfonnance; 

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

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

(c) All technical direction shall be issued in \Vriting 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 \vould increase or decrease 

the cost of the contract or result in \Vork 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 \Vithin 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. 

17 
RFQ# 9523ZY-23-Q-0022 

(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 Tem1s and Conditions--Comrnercial Items) apply to this contract. 

Payment requests (i.e., invoices) shall be submitted electronically through the Delphi elnvoicing 

system via Login.gov as follO\vs: for CLINs X000l and X0002, the invoice shall be submitted on 

a monthly basis, in arrears, for processing and payment; for CUN 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 elnvoicing 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 \Vhen submitting an invoice through the elnvoicing 

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 elnvoicing System using the follO\ving 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 elnvoicing 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. 

18 
RFQ# 9523ZY-23-Q-0022 

Note: All requirements in this clause for submitting invoices through the Delphi elnvoicing 

system (i.e. '•iSupplier") apply only to domestic contractors. Foreign contractors shall 

only submit invoices via email to 9-amc-amz-cftc(idaa.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 tenns 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; 

19 
RFQ# 9523ZY-23-Q-0022 

(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 ofa contract bet\veen 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 di:c,putes. 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 pe,:(Ormance. The supplier or licensor shall not unilaterally revoke, 

terminate or suspend any rights granted to the CFTC except as allO\ved 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 subject41 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 \Vith 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 

20 
RFQ# 9523ZY-23-Q-0022 

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 term or provision of this contract shall not be enforceable 

against the CFTC, and the CFTC shall not be deemed to have consented to them. 

(viii) No automatic renewals. If any license or service tied to periodic payment is 

provided under this agreement (e.g., annual software maintenance or annual lease tem1), such 

license or service shall not rene\v automatically upon expiration of its current tem1 \Vith out prior 

express consent by an authorized CFTC representative. 

(ix) !ndemn(f/Cation and Unauthorized Obligations. 

(A) When any supply or service acquired under this contract is subject to any 

commercial supplier agreement that includes any language, provision, or clause requiring the 

Government to directly or indirectly indemnify the Contractor or any person or entity for 

damages, costs, fees, or any other loss or liability or similar that would or reasonably could 

create an Anti-Deficiency Act violation (31 U.S.C. 1341), any such language, provision, or 

clause is unenforceable against the Government, and will be treated as if those terms were 

deleted and do not othenvise exist. 

(B) Any clause of this agreement requiring the commercial supplier or licensor to 

defend or indemnify the end user is hereby amended to provide that the CFTC and/or the U.S. 

Department ofJustice has the sole right to represent the United States in any such action, in 

accordance \Vith 28 U.S.C. 516. 

21 
RFQ# 9523ZY-23-Q-0022 

(x) Audits. Any clause of this agreement permitting the commercial supplier or 

licensor to audit the end user's compliance with this agreement is hereby amended as follows: 

(A) Discrepancies found in an audit may result in a charge by the commercial 

supplier or licensor to the CFTC. Any resulting invoice must comply \Vith the proper invoicing 

requirements specified in the underlying CFTC contract or order. 

(B) This charge, if disputed by the CFTC, \Vill be resolved in accordance with 

subparagraph (v) (Disputes); no payment obligation shall arise on the part of the CFTC until the 

conclusion of the dispute process. 

(C) Any audit requested by the contractor \Vill be performed at the contractor's 

expense, without reimbursement by the CFTC. 

(D) Any contractor requesting a right to audit CFTC's end user compliance must 

provide CFTC 30 days prior \Vritten notice before being permitted to conduct any on-site audit. 

(xi) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or 

licensor seeks to pass along to the CFTC as end user will be governed by the terms of the 

underlying CFTC contract or order and, in any event, must be submitted to the Contracting 

Officer for a detem1ination of applicability prior to invoicing unless specifically agreed to 

otherwise in the CFTC contract. 

(xii)Non-assignment. This agreement may not be assigned, nor may any rights or 

obligations thereunder be delegated, \Vithout the CFTC's prior approval, except as expressly 

permitted under the clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, 

which is incorporated herein by reference. 

(xiii) Confidential infOrmation. If this agreement includes a confidentiality clause, such 

clause is hereby removed. Issues regarding release of'·unit pricing" will be resolved consistent 

with the Freedom oflnformation Act. 

14. INFORMATION SECURITY - CITIZENSHIP/ GREEN CARD REQUIREMENT 

All employees of the contractor and those of any subcontractor who will handle CFTC data, 

including operating and managing information systems containing CFTC data, shall be a citizen 

of the United States of America, or an alien who has been lawfully admitted for pennanent 

residence as evidenced by a Permanent Resident Card, USCIS 1-551 ('"Green Card"), authorizing 

them to live and work in the US on a permanent basis. Any requests for exceptions must be 

made to the Contracting Officer and approved by CFTC's Chief Information Security Officer. 

15. INSPECTION AND ACCEPTANCE 

Inspection and acceptance of items delivered or services perfom1ed under this order shall be 

performed by the Contracting Officer's Representative identified under Part II, Additional Terms 

and Conditions, of this solicitation. 

22 
RFQ# 9523ZY-23-Q-0022 

16. ORGANIZATIONAL CONFLICTS OF INTEREST (OCI) 

(a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise 

disclosed, it does not have any organizational conflict of interest, \Vhich is defined in 

FAR Subpart 9.5 as a situation in which the nature of work under a Government contract and a 

contractor's organizational, financial, contractual or other interests are such that: 

1. Award of the contract may result in an unfair competitive advantage; or 

2. The contractor's objectivity in performing the contract work is or might be othenvise 

may be impaired. 

(b) The contractor agrees that if after mvard it discovers an organizational conflict of interest 

with respect to this contract, it shall make an immediate and full disclosure in writing to the 

Contracting Officer, which shall include a description of the action(s) that the contractor has 

taken or intends to take to mitigate, eliminate, or neutralize the conflict. 

(c) The provisions of this clause shall be included in all subcontracts and consulting agreements 

wherein the work to be performed is similar to the service provided by the prime contractor 

under this contract. The contractor shall include in such subcontracts and consulting agreements 

any necessary provisions to mitigate, eliminate, or neutralize organizational conflicts of interest. 

(d) The Contracting Officer has determined, however, that the nature of the work to be 

performed under this contract may give rise to potential perceived or actual organizational 

conflicts of interest in future CFTC contracts. Accordingly, the contractor and CFTC have 

agreed to the follO\ving conditions: 

1. The contractor shall not be required to develop specifications or statements of work 

that are to be incorporated into any CFTC solicitation; and 

2. The contractor shall not be provided any Government cost estimates, source-selection 

information, or third-party proprietary technical or cost data. 

(e) Additionally, the contractor understands that for any related follow-on contract, it may be 

required to provide a statement which describes concisely all relevant facts concerning any past, 

present or planned interest (financial, contractual, organizational, or otherwise) relating to the 

work to be perforn1ed under the proposed contract and bearing on whether the quoter has a 

possible organizational conflict of interest with respect to: 

1. Being able to render impartial and objective assistance or advice; or 

2. Being given an unfair competitive advantage. The quoter may also provide relevant 

facts that shO\v hO\v its organizational structure and/or management systems limit its 

knowledge of possible organizational conflicts of interest relating to other divisions 

or sections of the organization and how that structure or system would avoid or 

mitigate such actual or perceived organizational conflict. 

23 
RFQ# 9523ZY-23-Q-0022 

The contractor understands that no mvard shall be made until any potential conflict of interest 

has been neutralized or mitigated to the satisfaction of the Contracting Officer, or unless a waiver 

has been granted. 

17. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 

The follO\ving FAR clauses are incorporated by reference (by Citation Number, Title, and Date), 

with the same force and effect as if given in full text Upon request, the Contracting Officer \Vill 

make the full text available. Also, the full text of clauses incorporated by reference may be 

accessed electronically at this Internet address: http .i.iwww.acquisition.go\·,. for 

Clause 

Number 

Title Date 

52.203-3 Gratuities Apr 1984 

52.203-17 Contractor Employee Whistleblower Rights and 

Reauirement to Inform Ernnlovees ofWhistleblower Ri2:hts 

June 2020 

52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011 

52.212-4 Contract Terms and Conditions Commercial Products and 

Commercial Services 

Dec 2022 

52.224-1 Privacy Act Notification Apr 1984 

52.224-2 Privacv Act Anr 1984 

52.224-3 Privacy Training Jan20l7 

52.227-14 Rights in Data General Mav 2014 

18. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO 

IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL 

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) 

(a) The Contractor shall comply with the follO\ving 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video 

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(l)(A) of Pub. L. 115-232). 

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 

2015). 

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 

2023) 

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). 

24 
RFQ# 9523ZY-23-Q-0022 

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 (19 U.S.C. 3805note)). 

(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 oflaw 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 (June 2020), 

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 (Jun 2020) 

(41 u.s.c. 3509)). 

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and 

Reinvestment Act of2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts 

funded by the American Recovery and Reinvestment Act of2009.) 

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract 

Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 nute). 

_ (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). 

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting \Vith 

Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 610lnote). 

_ (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 (Mar 2020) 

(15 U.S.C.657a). 

(ii) Alternate I (Mar 2020) of52.219-3. 

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business 

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) 

(15 U.S.C. 657a). 

(ii) Alternate I (Mar 2020) of52.219-4. 

(13) [Reserved] 

_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) 

(15 U.S.C.644). 

(ii) Alternate I (Mar 2020). 

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) 

(15 u.s.c. 644). 

_ (ii) Alternate I (Mar 2020) 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 (Jun 2020) 

(15 U.S.C. 637(d)(4)). 

25 
RFQ# 9523ZY-23-Q-0022 

(ii) Alternate I (Nov 2016) of52.2l9-9. 

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

_ (iv) Alternate lII (Jon 2020) of52.2l9-9. 

(v) Alternate IV (Jun 2020) of52.2l9-9. 

(18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). 

_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) ( 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-O\vned Small Business Set-Aside 

(Mar 2020) (15 U.S.C. 657!). 

_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023) 

(15 U.S.C. 632(a)(2)). 

(ii) Alternate I (MAR 2020) of 52.219-28. 

_ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically 

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)). 

(24) 52.219-30, Notice of Set-Aside for, or Sole Source A\vard to, Women-Owned 

Small Business Concerns Eligible Under the Wornen-O\vned Small Business Program 

(Mar 2020) (15 U.S.C. 637(m)). 

_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) 

(15 U.S.C. 644(r)). 

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(l 7) ). 

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). 

_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) 

(E.O.13126). 

_ X _ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

_ X _ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). 

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

_X _ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212 ). 

_ (ii) Alternate I (Jul 2014) of52.222-35. 

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) 

(29 U.S.C.793). 

(ii) Alternate I (Jul 2014) of52.222-36. 

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). 

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor 

Relations Act (Dec 2010) (E.O. 13496). 

_X_ (35) (i) 52.222-50, Combating Trat1icking in Persons (Jan 2019) 

(22 U.S.C. chapter 78 and E.O. 13627). 

_ (ii) Alternate I (Mar 2015) of52.222-50 (22 U.S.C. chapter78 and E.O. 13627). 

_X_ (36) 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.) 

_ (37) (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.) 

26 
RFQ# 9523ZY-23-Q-0022 

_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential 

Hydrofluorocarbons (Jun 2016) (E.O. 13693). 

_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment 

and Air Conditioners (Jun 2016) (E.O. 13693). 

_ (40) (i) 52.223-13, Acquisition of EPEATC'J-Registered Imaging Equipment (Jun 2014) 

(E.O.s 13423 and 13514). 

_ (ii) Alternate I (Oct 2015) of 52.223-13. 

_ (41) (i) 52.223-14, Acquisition of EPEA TC'J-Registered Televisions (Jun 2014) (E.O.s 

13423 and 135 I 4 ). 

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

_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) 

(42 u.s.c. 8259b). 

_ (43) (i) 52.223-16, Acquisition of EPEAT@-Registered Personal Computer Products 

(Oct 2015) (E.O.s 13423 and 13514). 

_ (ii) Alternate I (Jun 20 I 4) of 52.223-16. 

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While 

Driving (Jun 2020) (E.O. 13513). 

_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

_ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693). 

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). 

(ii) Alternate I (Jan 2017) of52.224-3. 

_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). 

_ (49) (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. 400 I note, Pub. L. I 03-182, I 08-77, I 08-78, I 08-286, I 08-302, I 09-53, I 09- I 69, I 09-

283, I I0-138, I 12-41, I 12-42, and I 12-43. 

_ (ii) Alternate I (May 2014) of 52.225-3. 

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

_ (iv) Alternate III (May 2014) of52.225-3. 

_ (50) 52.225-5, Trade Agreements (Oct 2019) (I 9 U.S.C. 2501, et seq., I 9 U.S.C. 3301 

note). 

_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, 

proclamations, and statutes administered by the Office of Foreign Assets Control of the 

Department of the Treasury). 

_ (52) 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; IO U.S.C. 2302 Note). 

_ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) 

(42 u.s.c. 5150). 

_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area 

(Nov 2007) (42 U.S.C. 5150). 

_ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). 

_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) 

(41 U.S.C.4505, IO U.S.C.2307(!)). 

_ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) 

(41 U.S.C.4505, IO U.S.C.2307(!)). 

27 
RFQ# 9523ZY-23-Q-0022 

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for A\vard 

Management (Oct 2018) (31 U.S.C. 3332). 

_ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award 

Management (Jul 2013) (31 U.S.C.3332). 

_ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). 

_X_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

_ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) 

(15 U.S.C. 637(d)(l3)). 

_ (63) (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. 

(iii) Alternate II (Feb 2006) of52.247-64. 

(c) The Contractor shall comply \Vith 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.] 

_(I) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 6 7). 

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) 

(29 U.S.C. 206 and 41 U.S.C. chapter 67). 

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price 

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 

41 U.S.C. chapter 67). 

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price 

Adjustment (May 2014) (29 U.S.C. 206 and41 U.S.C. chapter 67). 

_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards 

to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 

2014) (41 U.S.C. chapter 67). 

_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards 

to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). 

_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 

_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 

13706). 

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) 

(42 u.s.c. 1792). 

(d) Comptroller General Examination of Record. The Contractor shall comply with the 

provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in 

excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of 

this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. 

(1) The Comptroller General of the United States, or an authorized representative of the 

Comptroller General, shall have access to and right to examine any of the Contractor's directly 

pertinent records involving transactions related to this contract. 

(2) The Contractor shall make available at its offices at all reasonable times the records, 

materials, and other evidence for examination, audit, or reproduction, until 3 years after final 

28 
RFQ# 9523ZY-23-Q-0022 

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 tenninated shall be made available for 3 years after 

any resulting final termination settlement. Records relating to appeals under the disputes clause 

or to litigation or the settlement of claims arising under or relating to this contract shall be made 

available until such appeals, litigation, or claims are finally resolved. 

(3) As used in this clause, records include books, documents, accounting procedures and 

practices, and other data, regardless of type and regardless of form. This does not require the 

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary 

course of business or pursuant to a provision of law. 

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of 

this clause, the Contractor is not required to tlO\v dO\vn 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 (Jun 2020) 

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video 

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(l)(A) of Pub. L. 115-232). 

(v) 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 the applicable threshold specified in 

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in 

lower tier subcontracts that offer subcontracting opportunities. 

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212). 

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) 

(29 U.S.C.793). 

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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). 

29 
RFQ# 9523ZY-23-Q-0022 

(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 (Jun 

2020) (42 U.S.C. 1792). Flow dO\vn required in accordance with paragraph (e) of FAR clause 

52.226-6. 

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 

(Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with 

paragraph (c) of 52.232-40. 

(xxiii) 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 

Attachment A Mandatory Requirements Matrix 

Attachment B List of Exchanges 

Attachment C Past Performance Assessment 

(End of Part II) 

30 
RFQ# 9523ZY-23-Q-0022 

PART III 

QUOTATION PREPARATION INSTRUCTIONS/ EVALUATION CRITERIA 

I. GENERAL 

All Quoters shall be registered in the System for Award Management (SAM) 

(https://sam.gov/contentihome) effective as of the date quotations are due. Per FAR 52.212-3, 

quoters shall complete the annual representations and certification electronically in SAM. 

2. NOTICE LISTING SOLICITATION PROVISIONS IN CORPORA TED BY 

REFERENCE 

The follO\ving 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 .i.iv-,,\v\v.acquisition. gov.ifar 

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 2018 

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY AUG 2020 

CODE REPORTING 

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUG 2020 

52.209-2 PROHIBITION ON CONTRACTING WITH NOV 2015 

INVERTED DOMESTIC CORPORATIONS 

REPRESENTATION 

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL MAR 2023 

PRODUCTS AND COMMERCIALS SERVICES (see 

changes described in provision 111.3, below) 

52.225-25 PROHIBITION ON CONTRACTING WITH JUN 2020 

ENTITIES ENGAGING IN CERTAIN ACTIVITIES 

OR TRANSACTIONS RELATING TO IRAN 

REPRESENTATION AND CERTIFICATIONS 

3. ADDENDUM TO FAR 52.212-1 "INSTRUCTIONS TO OFFERORSCOMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)" 

The follO\ving provisions are incorporated into this solicitation as addenda to FAR provision 

52.212-1, ''Instructions to Offerors--Comrnercial Products and Commercial Services (MAR 

2023)". These provisions replace sections (b), (c), (e), and (f) of provision 52.212-1. 

31 
RFQ# 9523ZY-23-Q-0022 

3.1. GENERAL 

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

(b) The Government is not liable for any costs incurred by a quoter in submitting a quotation in 

response to this RFQ. 

3.2. TIME, DATE AND PLACE QUOTES ARE DUE 

(a) Quotes are due no later than 10:00 A.M. Eastern Time (ET) on May 23, 2023. 

(b) Quotes shall be submitted by e-mail to: chan(ZDcftc.gov. Please note that CFTC quarantines 

all emails that exceed 100MB in size. Quotation documents that include executable files or files 

with macro-instructions (e.g., MS Excel or MS Word documents) may also be quarantined due to 

CFTC IT security policies. Quoters are advised not to submit quotations that exceed 100MB in 

size or include executable files or macro-instructions (macros). Quoters assume full 

responsibility for assuring that quotes are received in a timely manner. Quotations received after 

the time and date specified above will not be accepted unless the Contracting Officer determines 

that acceptance of the quotation is in the Government's best interest and will not unduly delay 

the acquisition. Facsimile submissions or email submissions that require CFTC to retrieve the 

quote volumes (e.g., through the use of a file transfer \vebsite or a personal network storage and 

backup website) will not be accepted. 

Your emailed quotation shall include the following on the Subject line: 

In response to RFQ No. 9523ZY23Q0022 Market Data Services for Global Risk System 

3.3. QUESTIONS CONCERNING THE SOLICITATION 

(a) All questions concerning this RFQ must be submitted in writing to the Contracting Officer, 

Christine Han, by 10:00AM Eastern Time (ET) May 9, 2023. Prospective quoters are \Varned 

against contacting any CFTC personnel other than the Contracting Officer prior to a\Vard 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 

follO\ving email address chan({l,dkgov. 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 \Vriting to the Contracting Officer by email as described 

above. 

32 
RFQ# 9523ZY-23-Q-0022 

3.4. QUOTATION FORM AND CONTENT 

(a) The overall quotation 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 quotations are not solicited, are not desired, and shall not be evaluated. 

(c) The volumes of the quotation must conform to the follO\ving 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. 

ill Point of Contact - Provide the name, title, telephone number, and e-mail address 

of the designated point of contact for the quote. 

ill) 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. 

i_y} Acknowledgement of Amendments - Provide an acknowledgement of RFQ 

amendments, if any. The acknowledgement must reference the amendment 

number(s). 

Note: The Quoter's Volume I 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 of8.5" 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 - The Technical Solution shall provide specific details 

(description, screenshots, or other documentation) about your proposed solution 

that demonstrates the ability to meet or exceed all of the requirements in 

Attachment A, Mandatory Requirements Matrix. A completed Attachment A shall 

be submitted \Vith the quotation. Provide Data Quality Procedures for CFTC 

review. Provide an Implementation Plan for CFTC review. Provide any 

license/maintenance agreements or terms. 

Note: The Quoter's response to Technical Solution shall not exceed a total of 

ten (10) pages, excluding a completed Attachment A, Implementation Plan, 

Data Quality Procedures and license agreements, if any, using 12 point or 

33 
RFQ# 9523ZY-23-Q-0022 

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 "'ill count as a full page. 

ill.)_ Corporate Experience and Past Performance - Provide information on two (2) 

projects similar in scope, magnitude and complexity to this project that are 

currently being completed or have been completed by your firm within the past 

five (5) years. An important factor indicating similarity to this engagement will be 

the extent to which the cited projects involved providing a market data pricing 

feed through Global Risk's Firm Risk software platform over a dedicated VPN for 

a federal government agency or other company, including the service/ 

requirements described in the Performance Work Statement. In addition, the cited 

projects must reflect projects involving the solution proposed by the quoter to 

CFTC. All of the projects must reflect substantial progress toward project 

completion, and at least one (1) of the projects should be fully complete. 

The following information shall be provided for each project: 

A. Customer name and address. 

B. Customer points of contact (name, title, email address, telephone number) for 

contractual matters ( e.g., Contracting Officer) and technical matters. 

C. Contract number. 

D. Total dollar value of the contract. If performed as part of a team, provide the 

dollar value of your firm's contribution. This also applies to projects 

completed by a teammate(s) and/or proposed subcontractor(s). 

E. Period of contract performance. 

F. Description of services provided, including the specific services provided by 

your fim1. This also applies to projects completed by a teammate(s) and/or 

proposed subcontractor(s). 

Note: All Information provided in this section shall not exceed a total of four ( 4) 

pages, using 12 point or larger font for text, with a maximum page size of 8.5" x 

11 ". A font pitch smaller than 12 point is permissible for images, graphs and 

tables provided it is still legible. Partial pages "'ill count as a full page. 

The quoter shall contact its Past Performance client references for projects referenced in its 

quotation and forward Attachment D, Past Perfonnance Assessment to those client references. 

The quoter shall request that clients return completed past performance questionnaires directly to 

the Contracting Officer via email at chan(~1,:cftc.go\•. 

The Government may contact any past performance references to verify information submitted 

and/or to seek additional information, and may consider past performance information from 

other sources. 

(Rest of Page Intentionally Left Blank) 

34 
RFQ# 9523ZY-23-Q-0022 

Additionally, the Quoter shall list all contracts terminated for default or cause \Vithin the past five 

(5) years. Include the contract or contract number, and the name, address and telephone number 

of the terminating officer. 

(3) VOLUME III - PRICE, shall include the following information: 

i)_ Contract Pricing - The quotation shall contain a firm-fixed-price for all 

requirements outlined in the RFQ. The quoter shall complete the table in Part II, 

Clause 2, DESCRIPTION OF SUPPLIES/SERVICES. 

ii)_ The Quoter shall confirm that the proposed prices are inclusive of all services 

outlined in their written technical submission. 

Note: The Quoter's response to pricing does not have a maximum page limitation. 

CFTC is soliciting discount pricing. Any discounted prices shall be clearly indicated 

in this section and be used in lieu of commercial contract rates/prices. 

3.5 EVALVA TION CRITERIA 

(a) CFTC intends to mvard a single contract to the Quoter whose quotation, conforming to the 

RFQ, represents the best value to the Government. In considering which Quoter represents 

the best value, CFTC will consider the following: 

(1) Technical Solution 

(2) Corporate Experience and Past Perfomiance 

The technical criterion (1) Technical Solution is more important than technical criterion (2) 

Corporate Experience and Past Performance. 

From the standpoint of the relative importance of price to the technical criteria, the technical 

criteria, when combined, are significantly more important than price. HO\vever, as the merit 

of technical factors in competing quotations approaches equality, price will become 

increasingly more significant as an evaluation factor. 

The Government intends to evaluate quotations and mvard a contract \Vithout discussions 

with Quoters. Therefore, quotations should contain the best terms from a technical and price 

standpoint. However, the Government reserves the right to conduct discussions if the 

Contracting Officer later determines them to be desirable. 

Note: The Government reserves the right to remove any firm from further consideration, 

at any point in the evaluation process, if the Contracting Officer determines that they do 

not stand a reasonable likelihood for award (e.g., based on an initial review of quotations). 

(b) The Government will evaluate each technical criterion as follows: 

35 
RFQ# 9523ZY-23-Q-0022 

(1) Technical Solution - CFTC \Vill evaluate the quoter's understanding of the 

Performance Work Statement (PWS) as evidenced by the proposed technical solution. 

CFTC will consider the Quoter's proposed solution and the likelihood that it will 

meet or exceed all requirements in Attachment A, Mandatory Requirements Matrix. 

CFTC will evaluate the Quoter's proposed implementation plan and the likelihood of 

successful performance by 30 calendar days after the kickoff meeting. CFTC will 

evaluate the Quoter's proposed Data Quality Procedures. The Quoter's proposed 

Data Quality Procedures shall address, at a minimum, the four bullets listed under 

PWS, Section 5, Data Quality Procedures (PWS, pages 3 and 4 ). License terms, 

maintenance terms, or End User License Agreement(s) (collectively, '·terms of 

service") shall be acceptable to the CFTC. In the event a Quoter submits terms of 

service, CFTC \Viii revie\v and may negotiate those terms and conditions to ensure 

compliance with standard Federal regulations including FAR 52.212-4 (DEC 2022). 

(2) Corporate Experience and Past Perfonnance - The CFTC will evaluate the Quoter's 

history of successfully performing projects similar in scope, magnitude, and 

complexity to this project to the extent to \Vhich it demonstrates a likelihood of 

successful performance under the contract. The evaluation will be based on 

information provided in the quotation, references if contacted, Past Perfonnance 

Assessments, information provided in response to any clarification questions, 

information provided by discussions and/or quotation revisions, if any, and any other 

information available to the Government (e.g., CPARS, firsthand knowledge of 

performance, etc.). 

(c) Price-The evaluated price \Vill be the sum of the proposed FFP amount for all CLINs (i.e., 

CLINs X000I, X0002, and 00003). 

CFTC may mvard the contract to other than the lowest priced quote. 

(End of Part III) 

(Part III will not be included in the final award document) 

36 
RFQ# 9523ZY-23-Q-0022 

ATTACHMENT A 

Mandatory Requirements Matrix 

The following table lists the mandatory system requirements. Please complete the column 

titled Meets Requirement with either a Y (yes) or N (no) if the proposed solution meets the 

stated system requirement. Note that this Matrix describes the mandatory requirements 

\Vhich all must be met for the quotation to be considered for mvard. A response ofN to any 

of the items below will result in removal of the proposal from consideration. 

Note that altering the Matrix to include additional information outside of the Y or N response 

for each item is not acceptable. Only the response Y or N to each of the items in the Matrix 

will be considered. 

ID 

No. 

Requirement Meets 

Requirement? 

I. Required data elements 

• Contract 

• Date

• Time

• Settle 

• Last

• Bid 

• Ask

• Low 

• High

• Previous 

• Volume

• Open Interest 

• Symbol 

*Must meet ALL elements to mark "Yes" 

2. The solution shall provide a connection bet\veen CFTC and the 

contractor shall be via virtual private network ("VPN") or internet 

protocol ('"IP") through an API, as described in PWS - Section 6, that 

is currently designed and implemented with the Firm Risk software. 

3. The data refresh rate shall not exceed five minute intervals. Faster 

refresh rates are preferred, but this is the minimum requirement. 

4. Level 1 market data from the Exchanges in Attachment B List of 

Exchanges are required to be provided through the market data 

pricing feed. 

1 of 2 
RFQ# 9523ZY-23-Q-0022 

5. The data is required to be provided for each Exchange in Attachment B 

for all market sessions including morning, afternoon, and overnight. 

(End of Attachment A) 

2 of 2 
RFQ# 9523ZY-23-Q-0022 

ATTACHMENT B 

List of Exchanges 

Market data from the following Exchanges is required: 

Exchanee Initials Exchanee Name 

CBT CHICAGO BOARD OF TRADE 

CME CHICAGO MERCANTILE EXCHANGE 

COMEX COMMODITY EXCHANGE INC. 

DME DUBAI MERCANTILE EXCHANGE 

IFEU ICE FUTURES EUROPE 

IFLL 

ICE FUTURES EUROPE - FINANCIAL PRODUCTS 

DIVISION 

!FLO 

ICE FUTURES EUROPE - EQUITY PRODUCTS 

DIVISION 

IFLX 

ICE FUTURES EUROPE - AGRICULTURAL 

PRODUCTS DIVISION 

!FUS ICE FUTURES U.S. 

MGE MINNEAPOLIS GRAIN EXCHANGE 

NDEX ICE ENDEX FUTURES 

NYMEX NEW YORK MERCANTILE EXCHANGE 

XCBF CBOEFUTURESEXCHANGE 

1 
9523ZY-23-Q-0022 Attachment C 

Commodity Futures Trading Commission 

(CFTC) 

Past Performance Assessment 

Message to the assessor: 

Your foedback is n:qw:sn:d by CFTC to assist with establishing the performance history for thi: 

contractor named bdow. In i:fforts to expediti: n:n:ipt of the requested informanon, thi: Contracting 

Offin: n:spectfully n:qw:sts that you do not mail hard coptes. I nsn:ad, pkasi: e-mail thi: completed 

assessment(s) to the C:ontracting Officer at: clun(((1cftc.g-m· 

Solicitation Data (for the proposed effort): 

CFTC RFQ Numbe, 'J523ZY-23-Q-0022 

Project Name :;\farket Data Sen·ices for Global Risk 

System 

Offeror Name 

Your Name, Contact Information, 

and Position (e.g. CO or COR) 

Your Organization 

Date 

BACKGROUND INFORMATION 

1. Contract numbn: 

2. Did the contractor 111 question perform as thi: pnmi: contractor? 

3. Did the contractor 111 question perform as a subcontractor? 

If yes, describe the subcontractor's role in the cwerall project. 

4. Contract type (CPf'f', f'f'P, T&I\f, etc.): 

5. Contract award dati:: 

6. Contract award amount: 

Page 1 of 3 
9523ZY-23-Q-0022 Attachment C 

7. Curn:nt contract cost: 

8. Pntod of pnformance: 

9. Procuring agency or organization: 

10. Description of product an<l/or sen·ices provi<le<l: 

Instructions and Evaluation Definitions: 

Thi: questions below an: to be compkn:d by the technical and/or contracting personnel that had 

nperience with thi: offeror/ contractor on a pn:Ytous rekvant contract and submitted to thi: 

requesting Cf<TC: C:ontracting Officer. 

Pkase ran: the statements below as they n:late to thi: contractor's performann: in each category. If a 

"Poor" rating is gin;o, pleasi: discuss 111 thi: section provided at thi: end of the ranng si:ction. 

Excellent Good Fair Poor N/A 

Pcrform>1.nc-c ~ulv;r,mri:illr 

am\ cunsi~lcnth- csc-cednl 

nmrrncr re9uiremenrs. 'J'he 

Yendur displa)Tll an (JYerall 

supenor understanding of 

customer neelh, and usnl 

innoYak approaches 

leading ro enhanced 

pcrforrnancc. 

Pcrformann: w>1.s 

abo\ e minimum 

conrr,u::r 

requirements. The 

Yendor d1~played a 

thurough 

understanding of 

customer need~. 

Pcrformann: 

met minimum 

conrran 

rc,11nremcnrs. 

Pcrformann: w>1.s below 

minimum contract 

requiremenr~. 'l'he 

\ endor displayed a Lick 

of understandmg of 

customer need~ in une 

or more s1gmficant 

perfurmance area~. 

Qw;qion is nor 

applicable tu the 

performance the 

\ endor pru\'ided tu 

you. 

Performance Evaluations: 

Pkase rate the services provided by the contractor for your organization, particularly as it pertams to 

furnishmg technical support and to formation technology services 111 terms of expertise, e-xperience, 

and operational support. 

How would you rate the vendor's Market Data 

Pricing Feed's overall performance in meeting the 

requirements of the contract? 

1-:,.,cdlcnt 

C: 

Gund 

□ 

hur 

C: 

Pnur 

□ 

!'-,;/.,\ 

□ 

If applicable, how would you rate the vendor's 

performance transitioning-in the contract? 

1-:,.,cdlcnt 

C: 

Cum! 

□ 

Fair 

C: 

Poor 

□ 

Ni.\ 

□ 

How would you rate the vendor's ability to develop 

and implement their solution? 

l·c,rcllrnr 

C: 

(;nod 

□ 

Fair 

C: 

Poor 

□ 

"-.;/,\ 

□ 

How would you rate the vendor's ability to identify 

and solve technical problems that arose during l·c,rcllrnt (;nod Fair Poor "-.;/,\ 

contract performance in an effective and C: □ C: □ □ 

expeditious manner? 

How would you rate the vendor's ability to provide 

their integrated documentation using a nonproprietary communication language that exposes l·c,rcllrnt (;nod Fair Poor "-.;/,\ 

all essential functions and works with Microsoft C: □ C: □ □ 

technologies such as .NET. 

Page 2 of 3 
9523ZY-23-Q-0022 Attachment C 

How would you rate the vendor's accuracy 1-:,.,cdlcnt Cum! Fair Poor Ni.\ 

certifying their solution? C: □ C: □ □ 

How would you rate the vendor's support of their 

solution (consider factors such as implementation, l•:,.,ccllcnt Gund hur Pnur !'-,;/.,\ 

documentation, training, and software maintenance C: □ C: □ □ 

and technical support for the life of the contract)? 

How would you rate the timeliness of the vendor's 

output? 

]'c,cdlcnt 

C: 

(jood 

□ 

I-~11" 

C: 

l'onr 

□ 

!.',/ ,\ 

□ 

How would you rate the management performance 

of the vendor? 

l·c,rcllrnt 

C: 

(;nod 

□ 

Fair 

C: 

Poor 

□ 

"-.;/,\ 

□ 

For any 'Poor' ratings, please provide a brief 

discussion of the factors that contributed to your 

rating. 

Please give an exarnple(s) of something the vendor <lid particularly '\vell during the perforrnance of 

your contract. 

~obo<ly is perfect. Even the best inforrnation technology services firm is bound to have a flaw or 

make rnistakes. \'('hat has the vendor done for you that you've been disappointed in? 

Have you ever issued a Cure Notice or Performance Deficiency Report to the vendor? 

Given the choice, '\voul<l you a'\vard to this ven<lor again? 

("lther cornments? 

Page 3 of 3 
CONTRACT ID CODE OF PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT IPAG~E I' I 1 

2 AMENDMENT/MODIFICATION co 3 EFFECTIVE DATE ' REQUISITION/PURCHASE REO. co I' PROJECT NO /II app/1cabie) 

DUOl 05/181202.< 

6 ISSUED BY CODE r'.FTC"'.-KJ3 7 ADMINISTERED BY (//other than Item 6) CODE I 

COMMODl~'Y £,'U'l'UP.ES 'l'P.ADlNG COMM 

THREC: LAFJI.YETTE r'.C:NTC:R 

L:::'J 21ST STREET NW 

11/A2HINC~ON DC 2 0 'JB l 

8. NAME AND ADDRESS OF CONTRACTOR (No sl,eet, rnunly Stale and ZIP Codej 9A AMENDMENT OF SOLICITATION NO. 

-

"' 9':i23ZY23QC022 

9B. DATED (SEE ITEM 11) X 

To All Potential Quoters D5/D2/2U2J 

10A MODIFICATION OF CONTRACTI0RDER NO 

10B DATED (SEE ITEM 13) 

CODE FACILITY CODE 

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 

X The above numbered solicitation is amended as set forth in Item 14, The hour and date specified for receipt of Offers xis extended. Is not extended 

Offers must acknowledge receipt of this am.endment prior to the hour and date specified In the solIcitatIon or as amended by one of the following methods· (a) By completing 

Items 8 and 15, and returning capIes of the amendment. (b) By acknowledging receipt of this amendment on each capy of the offer submitted. or (c) By 

separate letter or electronic communication which includes a reference to the sol1cilat1on and amendment numbers, FAILURE OF YOUR ACKNOWLEDGEMENT TO BE 

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR 

OFFER If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided 

each letter or electronic communication makes reference to the solic1tat1on and this amendment, and is received prior to the opening hour and date specdied 

12 ACCOUNTING AND APPROPRIATION DATA (If required) 

13. THIS ITEM ONLY APPLIES TO MOOIFICATION OF CONTRACTS/ORDERS. IT MOOIFIES THE CONTRACTIOROER NO. AS OESCRIBED IN ITEM 14. 

CHECK ONE A THIS CHANGE ORDER IS ISSUED PURSUANT TO. (Specify au/honty) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT 

ORDER NO IN ITEM 10A 

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such ao changes in paying office, 

appropriation data. etc) SET FORTH IN ITEM 14 PURSUANT TO THE AUTHORITY OF FAR 43 103(b) 

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF· 

D OTHER /Specify type of mod1f1cat1on and authonty) 

E. IMPORTANT: Contractor Is not is required to sign this document and return copies to the IssuIng of11ce. 

14 DESCRIPTION OF AMENDMENT/MODIFICATION (Orgamzed by UCF section headmgs, including so/icrtation!contract wbJect matter where feasible.) 

*:,1arkeL DaLa Sen!.lces for Glo:C:nl :-Zisk SvsLe:n" 

'1':'le DLrncse of llus c.rrendmenl .1s ~o exlend ~r:e dc.~e fer SLD:nission of quclc.~ions. 

1. Sec::ti'.m 3.2 Ti:ne, Date c.nd ?lace J1-ote:o are Due, pdic.(Jic.ph (d) dnd all o::l:er 

rete::-encecc ::o ::r.e date and ::ime tcr s1-bmiccsion ot quctations are hereby deleted and 

replc.c::ed wi::l: ::l:e following: 

"Q1,ot.cc; c1r0 rlu0 no lat.c-::: t.hc1r. 

Except as provided herein. all terms and conditions of the document referenced In Item 9 Aor 10A, as heretofore changed remains unchanged and In full force and effect. 

15A NAME AND TITLE OF SIGNER /Type or print) 16A NAME AND TITLE OF CONTRACTING OFFICER (Type orpnnt) 

KJI.THRYN M RISON 

15B CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B UNITED STATES OF AMEq~~tally s,gned by KATHRYN 

KATHRYN RISON"'°" Dale 2023.0S 18 11.2810 -Oa'OO' 

(S1goa1u,~ of Coo/raelmg Off1r:er1 

16C DATE SIGNED 

05/18/2023 

Previous ed1t1on unusable STANDARD FORM 30 (REV 11/2016) 

Prescribed by GSA FAR (48 CFR) 53 243 
CONTRACT ID CODE OF PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT IPAG~E I' I 2 

2 AMENDMENT/MODIFICATION co 3 EFFECTIVE DATE ' REQUISITION/PURCHASE REO. co I' PROJECT NO /II app/1cabie) 

DU02 05/20/2()2_< 

6 ISSUED BY CODE r'.FTC"'.-KJ3 7 ADMINISTERED BY (//other than Item 6) CODE I 

COMMODl~'Y £,'U'l'UP.ES 'l'P.ADlNG COMM 

THREC: LAFJI.YETTE r'.C:NTC:R 

L:::'J 21ST STREET NW 

11/A2HINC~ON DC 2 0 'JB l 

8. NAME AND ADDRESS OF CONTRACTOR (No sl,eet, rnunly Stale and ZIP Codej 9A AMENDMENT OF SOLICITATION NO. 

-

"' 9':i23ZY23QC022 

9B. DATED (SEE ITEM 11) X 

To All Potential Quoters D5/D2/2U2J 

10A MODIFICATION OF CONTRACTI0ROER NO 

10B DATED (SEE ITEM 13) 

CODE FACILITY CODE 

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 

X The above numbered solicitation is amended as set forth in Item 14, The hour and date specified for receipt of Offers is extended. Xis not extended 

Offers must acknowledge receipt of this am.endment prior to the hour and date specified In the solIcitatIon or as amended by one of the following methods· (a) By completing 

Items 8 and 15, and returning capIes of the amendment. (b) By acknowledging receipt of this amendment on each capy of the offer submitted. or (c) By 

separate letter or electronic communication which includes a reference to the sol1cilat1on and amendment numbers, FAILURE OF YOUR ACKNOWLEDGEMENT TO BE 

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR ANO DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR 

OFFER If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided 

each letter or electronic communication makes reference to the solic1tat1on and this amendment, and is received prior to the opening hour and date specdied 

12 ACCOUNTING AND APPROPRIATION DATA (If required) 

13. THIS ITEM ONLY APPLIES TO MOOIFICATION OF CONTRACTS/ORDERS. IT MOOIFIES THE CONTRACTIOROER NO. AS OESCRIBED IN ITEM 14. 

CHECK ONE A THIS CHANGE ORDER IS ISSUED PURSUANT TO. (Specify au/honty) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT 

ORDER NO IN ITEM 10A 

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such ao changes in paying office, 

appropriation data. etc) SET FORTH IN ITEM 14 PURSUANT TO THE AUTHORITY OF FAR 43 103(b) 

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF· 

0 OTHER /Specify type of mod1f1cat1on and authonty) 

E. IMPORTANT: Contractor Is not is required to sign this document and return copies to the IssuIng of11ce. 

14 DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings. including so/,cita~onlcontract subject melter where feasible) 

*:,1arkeL DaLa Sen!.lces for Glo:C:nl :-Zisk SvsLe:n" 

See ConL.1nualrcr. c:'aqe. 

Except as provided herein. all terms and conditions of the document referenced In Item 9 Aor 10A, as heretofore changed remains unchanged and in full force and effect 

15A NAME ANO TITLE OF SIGNER /Type or print) 16A NAME AND TITLE OF CONTRACTING OFFICER (Type or print) 

\.HRISTINE f:Jl.)! 

15B CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B UNITED STATES OF AMERICA 

D1g1tally sogned by CHRISTINE CHRISTINE HAN 

16C DATE SIGNED 

05/2612023 

Previous ed1t1on unusable STANDARD FORM 30 (REV 11,2016) 

Prescribed by GSA FAR (48 CFR) 53 243 
RFQ No. 9523ZY-23-Q-0022 

AMENDMENT 0002 

The purpose of this amendment is to: 

1. Provide ans\vers to questions received in response to the solicitation. 

Questions and Answers are as follows: 

1. Question: Should the quotation response encompass Options on Futures and the 

underlying futures? 

Answer: The market data pricing feed shall provide futures market data from the 

exchanges listed in Attachment B. Market data from options are not required. 

2. Question: Is the Requirements Traceability Matrix referenced in the RFQ the same as the 

Attachment A - Mandatory Requirements Matrix? 

Answer: No, the Requirements Traceability Matrix is not the same as the Attachment A 

Mandatory Requirements Matrix. Per the RFQ Part I, Section 3, the Requirements 

Traceability Matrix tracks each requirement through the testing process and shO\vs that 

all requirements are implemented and verified. Additional details regarding the 

Requirements Traceability Matrix are listed in the RFQ Part I, Section 5 the bullet 

listed and titled "Requirements Traceability Matrix". 

The hour and date specified for receipt of quotations is not extended. Quotations must be 

received electronically by June 2, 2023 no later than 10:00 A.M. Eastern Time (ET). 

(END OF AMENDMENT 0002) 

2 
I' CONTR/\CT ID CODE Ce PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT IPAGlE 

I ' " 2 AMENDMENT1MODIFICATION ,o ' EFFECTIVE DATE 

OC'.1.:•, 8 (i, :]/_ l),J;' ' 

' REQUISITION.'PURCHASE REO ,o I' PROJECT NO {II ilppiic'ii/,io) 

s ISSUED BY CODE '."":F"l''.>?~!? 

!:CHH'.)~H- '! l•'U'l':J.<L~; 'l'K",.~HtlG ::m1:,1 

T:-lf,F."C' TJ, FT-.''"TT" '."":"C'/\TT<. 

7 : 'J ?7.ST .STFF.~T N'.·\1 

T:-: k~' H - N:~;~c:-t; -:,c: ) ,; 'JS l 

7 ADMINISTERED BY (II DIiler tl,an Item 6) CODE 

" NAMI:: ANLJ ALJDKl::SS Of- CON I KACTOK (No ,1,ee: coonl/ Slale ano Zif' Cooe,. l•I

-

9A AMENDMENT OF SOLICITATION NO 

'.J'J) 3/'.V) )Q(I])) 

To All Potential Quoters 

X "" DAll::LJ /SEE ITEM 111 

:JS 1 :J2; 2•:)2 .C 

'"' MODIFICATION OF CONTRACT/ORDER NO 

CODE FACILITY CODE 

,OS DATED /SFF ITFM 13) 

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 

X The above numbered solIcItatIon Is amended as set forth In Item 1~ I he hour and date speGlf1ed for receipt of Offers Is extended Xis not extended 

Offers must acknowledge receipt of this am_endment prior to the hour and date spec,fIed ,n the solIc,tauon or as amended by one of the following methods (a) By completing 

Item~ 8 dnd 15, dnd relum,ng cop,es of the dmendmenl. \b) By acknowledging rece,pt or th,~ dmendment on edch copy of the oITer subm,ued. or (cl By 

separate letter or eleclronIc communIcalIon which includes a reference to the solIcItatIon and amendment numbers f-AILUKI:: Of- YOUK ACKNOWLl::IJGl::Ml::N I 10 Bl:: 

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR 

OFFER If by virtue or th,s dmendment you desire to dMnge an offer di reddy subrnitted , such dMnge may be mdde by letter or eleelron,c communIcdlIon, provided 

each letter or electron,c commun,cat,on makes reference to the solIc,tat1on and tl11s amendment and Is received prior to the opening hour and date spec,fIed 

12 ACCOUNTING AND APPROPRIATION DATA /If mqo,md) 

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. 

CHECK ONE A THIS CHANGI:: OKIJl::K IS ISSUl::LJ PUKSUAN I TO !Specify au!/1oc1ty) I HI:: CHANGl::S SI:: I F-OK I H IN I11::M 1~ AKI:: MAUI:: IN I HI:: CON TKAC I 

ORDER NO IN ITEM 10A 

tJ THI:: AtJ0\11:: NUMBl::Kl::D CON I KAC liOKLJl::K IS MOLJlf-I1::D 10 Kl::f-Ll::C I I HI:: AIJMINIS I KAI 1\11:: CHANGl::S /Such as changes 111 paying office, 

appropnatJOn data. etc i SET FORTH IN ITEM 14 PURSUANT TO THE AUTHORITY OF FAR43 103\bl 

C I HIS SUPl-'Ll::Ml::N IALAGKl::l::Ml::NT IS l::N 11::Kl::LJ IN 10 1-'UKSUAN I 10 AU I HOKI TY orlJ 01 Hl::K /Specify type of modification and authority) 

E. IMPORTANT: Contraelor ,snot Is required to sign this document and return copies to the IssuInq office 

M LJl::SCKII-' I ION Of- AMl::NDMl::N liMOlJlf-lCAI ION (O1gamzed by UCF section /1eadings inc/11dmg sol1c1/at1011/contract subject matter whece feasible) 

•~ar~el ~ala Serv_ce~ [or ~:o~a: ~-s~ Sysler'' 

Except as provided herein. all terms and condIt,ons of the document referenced 111 Item 9 A or 10A, as heretofore changed re,m,ns unchanged and ,n full force and effect 

15A NAME AND TITLE OF SIGNER /Type or pnnr) 16A NAME AND TITLE OF CONTRACTING OFFICER (Type or pnnt) 

15B CONTR/\CTOR/OFFEROR 15C DATE SIGNED 16B UNITED STATES OF AMERICA 16C DATE SIGNED 

CHRISTI NE Digitally signed by 

CHRISTINE HAN 06/02/2023 

;,Ceo:,:,:,,:,:.:,,C,:,';,,'''~:~"c;c::,",c','c;c"";'c"c"c'C"'c'·'c"'c'c'"c";';';",'c";~_______ _________L ___-j,:i,,,,.,!_,"'r"'t,';,"r'c'c'c';';";''•'c',"c'_q ~07USJ20L.;Jl0j0"1,"co's'e=o's'o'e=M:o:O~,S:ec,-,:l:,c,cc7:,:,----

l-'rescnbed by GSAf-AK (~B Cf-K) 53 2~3 
RFQ No. 9523ZY-23-Q-0022 

AMENDMENT 0003 

The purposes of this amendment are to: 

1. Extend the date for submission of quotations; and 

2. Revise Part III, 3.4.(c)(2)(ii) Corporate Experience and Past Performance as follows. 

a. Part III, Section 3.2 Time, Date and Place Quotes are Due, paragraph (a) and all other 

references to the date and time for submission of quotations are hereby deleted and 

replaced with the following: 

"Quotes are due electronically no later than 10:00 A.M. Eastern Time (ET) on June 5, 

2023." 

b. Part III, 3.4.(c)(2)(ii) Corporate Experience and Past Performance is revised and 

replaced \Vith the following (revisions are reflected in bold, underlined, italics): 

Provide infonnation on up to two (2) projects similar in scope, magnitude and 

complexity to this project that are currently being completed or have been completed 

by you fim1 within the past five (5) years. An important factor indicating similarity to 

this engagement \Vill be the extent to \Vhich the cited projects involved providing a 

market data pricing feed through Global Risk's Firm Risk software platform over a 

dedicated VPN for a federal government agency or other company, including the 

service/ requirements described in the Perfomiance Work Statement. In addition, the 

cited projects must reflect projects involving the solution proposed by the quoter to 

CFTC. All of the projects must reflect substantial progress toward project completion, 

and at least one (1) of the projects should be fully complete. 

(END OF AMENDMENT 0003) 

2 
Hest Value Determination CUI//SP-SSEL Market Data Services for Global Risk System 

BEST VALUE DETERMINATION 

RFQ 9523ZY-23-Q-0022 

Market Data Services for Global Risk System 

I. BACKGROUND 

The purpose of the subject procurement is to award one contract to provide the Commodity Futures Trading 

Commission ("CFTC" or "the Commission") a market data pricing feed composed of the Exchanges in 

the RFQ, 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, as described in the Performance Work 

Statement. 

On May 2. 2023, the CFTC posted a Request for Quotation (RFQ) 9523ZY-23-Q-0022 to 

\\'\\·w.SAl\1.!!ov. Amendment 0001 was posted on May 18, 2023, which extended the date for 

submission of quotations. Amendment 0002 was posted on May 26, 2023, which provided answers to 

questions received in response to the solicitation. Amendment 0003 \Vas posted on June 2, 2023, which 

extended the date for submission of quotations and incorporated changes to the RFQ. Five quotations 

were received by the due date for receipt of quotations, June 5, 2023, at 10:00 A.M. local (Washington, 

DC) time. 

The vendors that submitted quotations are identified below: 

(b)(4)

I. 

2. 

3. 

4. ICE Data Pricing and Reference Data, LLC ("ICE") 

5. (b)(4) 

II. TECHNICAL EV ALVA TION 

The Technical Evaluation Plan for this procurement was signed by the Technical Evaluation Committee 

(TEC) and Contracting Officer on June 13, 2023. Pursuant to the terms of the RFQ, the TEC considered 

the information provided in the \Vritten volumes, as \Veil as information provided by the Contracting 

Officer (e.g., past performance assessments, Contractor Performance Assessment Reporting System 

(CPARS) reports, etc.), when formulating its consensus evaluation. The Phase 1 Technical Evaluation 

Report was signed by the voting members of the TEC and provided to the Contracting Officer on July 6, 

2023. After considering the Phase 1 Technical Evaluation Report and the evaluated prices of the 

Quoters, the Contracting Officer concluded that it \Vas in the Government's best interest to conduct 

written discussions accordingly: 

Quotcrs 

(b)(4) 

ICE 

Source Selection Information - Sec FAR 2.101 & 3.104 Page 1 
Hest Value Determination CUI//SP-SSEL Market Data Services for Global Risk System 

The Determination of Phase 2 Competitors \Vas signed by the Contracting Officer on July 7, 2023. On 

that date, the Contracting Officer notified (bl(4

l that they were no longer under 

consideration for award, and forwarded questions to the two finns still under consideration for award. 

The notices informed the Phase 2 Quoters of a common cutoff date and time of July 12, 2023 at 10:00 

a.m. local (Washington, DC) time for submission ohvritten answers to the questions, as well as any 

final quotation revisions. The notices also informed Quoters that the pages for the written answers would 

be limited to a total of 2 pages. 

All answers to questions were received by the cutoff time and date. On July 12, 2023, the TEC evaluated 

the information provided in the answers to questions ('"Phase 2 responses"), and met to determine what 

impact, if any, the Phase 2 responses had on the initial (Phase 1) technical evaluation. 

A Phase 2 Technical Evaluation Report was signed by the voting members of the TEC and provided to 

the Contracting Officer on July 24, 2023. Per the Technical Evaluation Plan and Part III Section 3.5 of 

the RFQ, the TEC considered the following two technical evaluation criteria in Phase 2: 1) Technical 

Solution and 2) Corporate Experience and Past Performance. Per the RFQ, technical evaluation criterion 

1) is more important than technical criterion 2). 

The following table reflects the TEC consensus rankings and evaluation ratings ( overall and for each 

criterion) of the final quotation revisions. For comparison purposes, the Phase 1 TEC consensus 

rankings and evaluation ratings are provided as well. 

INITIAL (PHASE I) 

Corporate 

Technical Experience and Quoter Overall Rating Solution Past 

Performance 

(b)(5) (b)(4) 

2. ICE 

-

(b)(4) 

~ - ~ -

~ - ~ -

Source Selection Information - Sec FAR 2.101 & 3.104 Page 2 
Hest Value Determination CUI//SP-SSEL Market Data Services for Global Risk System 

FINAL (PHASE 2) 

Corporate 

Technical Experience and Quoter Overall Rating Solution Past 

Performance 

(b)(4) (b)(5) 

-

ICE 

(b)(5) 

III. PRICE EVALUATION 

The RFQ stated: 

'·From the standpoint of the relative importance of price to the technical criteria, the 

technical criteria, \Vhen combined, are significantly more important than price. However, 

as the merit of technical factors in competing quotations approaches equality, price \Vill 

become increasingly more significant as an evaluation factor." 

The RFQ required Quoters to provide a firm-fixed price for all requirements outlined in the RFQ. For 

price evaluation purposes, the Contracting Officer reviewed the proposed FFP amounts for all CLINs in 

determining whether the total price was reasonable. Per the RFQ, "The evaluated price will be the sum 

of the proposed FFP amount for all CLINs (i.e., CLINs X000l, X0002, and 00003)." 

(b)(4) 

The following tables illustrate the initial and final 5-year evaluated prices of the Phase 2 Quoters. 

FollO\ving the tables is a section labeled "Pricing Notes," \Vhich includes information on the 

reasonableness of the Quoter's proposed pricing. 

INITIAL (PHASE I) 

I (b)(4) 

I ICE J

Base Year 

Ontion Year 1 

Ootion Year 2 

(b)(4) 

I I I 

Source Selection Information - Sec FAR 2.101 & 3.104 Page 3 
Hest Value Determination CUI//SP-SSEL Market Data Services for Global Risk System 

Option Year 3 (b)(4) 

Ootion Year 4 

I 

TOTAL $1,000,995.07 (b)(4) 

FINAL (PHASE 2) 

(b)(4) 

Base Year 

Option Year 1 

Option Year 2 

Ootion Year 3 

Ontion Year 4 

ICE I 

!b)(4) 

I 

TOTAL $1,000,995.07 I(b)(4) 

Pricing Notes 

In performing price analysis, the Contracting Officer compared the proposed prices received in the 

initial quotation submissions from both of the two Phase 2 Quoters because neither submitted quotation 

revisions. The proposed pricing is listed above from left to right, lowest to highest. The Contracting 

Officer deemed there to be adequate price competition because there were initially five responsible 

offerors (Phase 1) and presently two responsible offerors (Phase 2), competing independently, all of 

which submitted pricing to satisfy the Government's requirement listed in the RFQ. 

During the evaluation of the five quotations, the Contracting Officer was made mvare that the Quoters 

are unable to provide finn fixed prices for CLINs X0002, Market Exchange Fees. The prices that were 

proposed for CLINs X0002 were estimates only, as the final Market Exchange Fees are determined 

directly by each exchange at the time of access and \Vill change at the time of mvard/option exercise. 

Based on the discussion above, and the results of the Phase 2 Technical Evaluation Report, the 

Contracting Officer considers the evaluated prices of the quotations to be fair and reasonable. 

IV. DETERMINATION 

For purposes of determining best value, the RFQ stated: 

'·From the standpoint of the relative importance of price to the technical criteria, the 

technical criteria, \Vhen combined, are significantly more important than price. However, 

as the merit of technical factors in competing quotations approaches equality, price \Vill 

become increasingly more significant as an evaluation factor." 

Source Selection Information - Sec FAR 2.101 & 3.104 Pagc4 
Hest Value Determination CUI//SP-SSEL Market Data Services for Global Risk System 

Given the best value tradeoff process announced in the RFQ, and after consulting with the TEC, the 

Contracting Officer concludes that a contract should be awarded to ICE Data Pricing and Reference 

Data, LLC ("ICE") resulting from the solicitation. A discussion of the rationale for the determination 

follO\VS. 

The Contracting Officer has reviewed the Phase 2 Technical Evaluation Report and agrees with all of 

the TEC findings (i.e., strengths, weaknesses, ratings and rankings). The Contracting Officer has 

determined that the quotation submitted by ICE represents the best value to the Government. 

(b)(4) (b)(5) 

(b)(4) (b)(5) 

Source Selection Information - Sec FAR 2.101 & 3.104 Page S 
Hest Value Determination CUI//SP-SSEL Market Data Services for Global Risk System 

(b)(4) (b)(5) 

Award Summary 

The Contracting Officer does not view another round of discussions as being in the Government's best 

interest and selects ICE for the contract award. The CFTC received adequate technical and price 

competition in the Phase 2 final quotation revision submissions. In considering the technical evaluations 

of the Phase 2 Quoters, the Contracting Officer believes that the mvardee of the contract should be ICE. 

In arriving at this determination, the Contracting Officer consulted \Vith the TEC. In the vie\V of the 

TEC, both Phase 2 Quoters demonstrated similar solutions and technical capabilities to perform the 

work anticipated under the contract. Considering the technical and price evaluations, the Contracting 

Officer deems ICE to provide the best value \Vith its strong technical solution and lowest evaluated 

overall price. Therefore, based on the above information, the contract will be awarded to ICE. (bl(4l 

is not selected for award. 

Pursuant to FAR 9.405-1 (b )(2), the Contracting Officer has reviewed the System for Award 

Management (SAM) Exclusions and determined that ICE is not currently debarred, suspended, or 

proposed for debarment. Immediately prior to award, the Contracting Officer will again review SAM 

Exclusions to ensure that no mvard is made to a listed contractor. The contractor is considered 

responsible, and meets the minimum standards set forth in FAR 9.104-1. The contractor has no records 

in the Federal Awardee Performance and Integrity Infonnation System (FAPIIS). In addition, the 

contractor does not have any poor Performance Evaluations in CPARS. 

Based on the above infom1ation, the Contracting Officer concludes that ICE is the best value to the 

Government, technical factors and price considered. ICE is selected for award ofthe contract resulting from 

Solicitation 9523ZY-23-Q-0022. 

Digitally signed by CHRISTINE CHRISTINE HAN 

Date: 2023.07.27 09:18:06 HAN -04'00' 07/27/23 

Christine J. Han Date 

Contracting Officer 

Source Selection Information - Sec FAR 2.101 & 3.104 Pagc6 
PHASE 2 

TECHNICAL EVALUATION REPORT 

"Market Data Services for Global Risk System" 

Request for Quotation (RFQ) Number 9523ZY-23-Q-0022 

Julv 25, 2023 

Source Selection Information - See FAR 2. 1 O 1 and J. 104 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

Background 

The Commodity Futures Trading Commission ("CFTC" or "Commission") is seeking contractor support 

to provide a market data pricing feed composed of the Exchanges in the Request for Quotes ("RFQ"), 

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 the RFQ, Attachment A Mandatory Requirements Matrix. The contractor shall provide all 

associated implementation, documentation, and sothvare 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 WindO\vs and SQL Server. 

On May 2, 2023, the Commission posted RFQ 9523ZY23Q0022 to www.SAl\.1.go\· as a combined 

synopsis/solicitation for commercial items. Amendment 0001 was posted on May 18, 2023, which 

extended the date for submission of quotations. Amendment 0002 \Vas posted on May 26, 2023, \Vhich 

provided answers to questions received in response to the solicitation. Amendment 0003 \Vas posted on 

June 2, 2023, which extended the date for submission of quotations and incorporated changes to the 

RFQ. Five quotations were received by the due date for receipt of quotations, June 5, 2023, at 10:00 

A.M. local (Washington, DC) time. 

CFTC intends to award one contract to the Quoter whose quotation, conforming to the RFQ, represents 

the best value to the Government. 

The Phase 1 Technical Evaluation Report \Vas provided to the Contracting Officer on July 6, 2023. The 

Phase 1 report ranked the initial Quoters as follows: 

Quoter 

(b)(4) 

Technical 

Solution 

(b)(5) 

Corporate 

Experience and 

Past 

Performance 

Overall Rating 

ICE 

(b)(4) 

-

-

~ - ~ -

' ' 

Source Selection Information - See FAR 2.101 and 3.104 

2 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

After considering the Phase 1 Technical Evaluation Report and the evaluated prices of the Quoters, the 

Contracting Officer concluded that it was in the Government's best interests to conduct written 

discussions with the following Quoters: 

Phase 2 Quoters 

(b)(4) 

ICE 

(b)(4) \Vere removed from further consideration for a\Vard. The Contracting 

Officer established a common cutoff time of 10:00 a.m. local (Washington, DC) time on July 12, 2023 

for submission of answers to the written questions and any quotation revisions, if applicable. Both 

Quoters provided responses to the written questions. Neither submitted a quotation revision. The 

Contracting Officer provided the responses from the Phase 2 Quoters to the Technical Evaluation 

Committee ("TEC" or Committee") for consideration. 

Revised Technical Evaluation 

The TEC met on July 12th to determine \\'hat impact, if any, the information provided in the answers to 

questions ('"Phase 2 responses") had on the initial (Phase 1) technical evaluation. This report details the 

TECs evaluation of the information contained in the Phase 2 responses. 

The TEC evaluated the two (2) quotations based on the technical evaluation criteria contained in the 

RFQ. As established in the Technical Evaluation Plan, the TEC evaluated each quotation based on the 

technical evaluation criteria contained in the RFQ, as amended, and restated below: 

1) Technical Solution CFTC will evaluate the Quoter's understanding of the Performance 

Work Statement (PWS) as evidenced by the proposed technical solution. CFTC will consider 

the Quoter's proposed solution and the likelihood that it \Vill meet or exceed all requirements 

in Attachment A, Mandatory Requirements Matrix. CFTC will evaluate the Quoter's proposed 

implementation plan and the likelihood of successful performance by 30 calendar days after 

the kickoff meeting. CFTC will evaluate the Quoter's proposed Data Quality Procedures. The 

Quoter's proposed Data Quality Procedures shall address, at a minimum, the four bullets listed 

under PWS, Section 5, Data Quality Procedures (PWS, pages 3 and 4). License terms, 

maintenance terms, or End User License Agreement(s) (collectively, '·terms of service") shall 

be acceptable to the CFTC. In the event a Quoter submits terms of service, CFTC will review 

and may negotiate those terms and conditions to ensure compliance \Vith standard Federal 

regulations including FAR 52.212-4 (DEC 2022). 

2) Corporate Experience and Past Performance- The CFTC will evaluate the Quoter's 

history of successfully performing projects similar in scope, magnitude, and complexity to this 

project to the extent to \Vhich it demonstrates a likelihood of successful performance under the 

contract. The evaluation will be based on infonnation provided in the quotation, references if 

contacted, Past Perfonnance Assessments, information provided in response to any 

clarification questions, information provided by discussions and/or quotation revisions, if any, 

and any other information available to the Government ( e.g., CPARS, firsthand knO\vledge of 

performance, etc.). 

Source Selection Information - See FAR 2.101 and 3 104 

3 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

In accordance with Part Ill - Section 3.5 of the RFQ, the TEC considered the follmving two (2) technical 

evaluation criteria: 1) Technical Solution and 2) Corporate Experience and Past Performance. Per the 

RFQ. criterion 1) Technical Solution was more important than criterion 2) Corporate Experience and 

Past Performance. 

As established in the Technical Evaluation Plan, the TEC assigned strengths and weaknesses for the 

technical evaluation criteria. The strengths and weaknesses were considered by the TEC in determining 

the adjectival ratings for each criterion. The TEC referred to the relative importance ofthe criteria when 

determining the overall adjectival rating for the quotation. The adjectival ratings and their associated 

definitions are stated in the Technical Evaluation Plan. 

The following table details the quotations and the adjectival ratings assigned by the TEC for each technical 

evaluation criterion, as \Veil as the overall Phase 2 technical evaluation ratings. 

Quoter 

(b)(4) 

Technical 

Solution 

(b)(5) 

Corporate 

Experience and 

Past 

Performance 

Overall Rating 

ICE 

-

(b)(5) 

The following narratives are the Phase 2 findings of the TEC. A section titled '·Change Summary'' 

precedes the discussion ofthe strengths and weaknesses for each criterion. The '·Change Summary'' 

section summari7cs what impact. if any. there was on the evaluation resulting from the information 

contained in the Phase 2 responses. The strengths and weaknesses that the TEC considered in 

determining the ratings for the technical quotations are summarized in the follmving pages, \vhich are 

organized by Quoter. 

(Rest of Page Intentionally Left Blank) 

Source Selection Information - See FAR 2.101 and 3.104 

4 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

Quoter: (bl(4l 

ICriterion 1- Technical Solution I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

5 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

(b)(5) 

ICriterion 2- Corporate Experience and Past Performance I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

6 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

(b)(5) 

(b)(5) 

(b)(5) 

(Rest of Page Intentionally Left Blank) 

Source Selection Information - See FAR 2.101 and 3.104 

7 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

Quoter: ICE 

I Criterion 1- Technical Solution I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

8 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

(b)(5) 

I Criterion 2- Corporate Experience and Past Performance I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

9 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

(b)(5) 

(Rest of Page Intentionally Left Blank) 

Source Selection Information - See FAR 2.101 and 3.104 

10 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase 2 Technical Evaluation Report 

Concurrence 

ANTHONY CARR DigitallysignedbyANTHONYCARR 

Date: 2023.07.24 15:30:14 -05'00' 

Anthony Carr Date 

Division of Data 

Chairperson, Technical Evaluation Committee 

Digitally signed by BRANDON BRANDON WEBB 

Date: 2023.07.13 15:45:30 WEBB -05'00' 

Brandon Webb Date 

Division of Clearing and Risk 

Voting Member, Technical Evaluation Committee 

OLUSOLA 

ONABAJO 

Digitally signed by OLUSOLA 

ONABAJO 

0Jte: 2023.07.13 22:1 9·14 -04'00' 

Olusola Onabajo 

Division of Data 

Date 

Voting Member. Technical Evaluation Committee 

Source Selection Information - See FAR 2.101 and 3.104 

11 
Determination of Phase 2 Competitors CUI//SP-SSEL Market Data Services for Global Risk System 

DETERMINATION OF PHASE 2 COMPETITORS 

RFQ 9523ZY-23-Q-0022 

Market Data Services for Global Risk System 

I. BACKGROUND 

The purpose ofthe subject procurement is to mvard one contract to provide the Commodity Futures 

Trading Commission ("CFTC" or "the Commission") with a market data pricing feed composed of 

the Exchanges in the Request For Quotations (RFQ), 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 sothvare, as described in the Perfom1ance Work Statement (PWS). 

On May 2, 2023, the CFTC posted RFQ 9523ZY-23-Q-0022 to www.SAl\.1.go\· as a combined 

synopsis/solicitation for commercial items. Amendment 0001 \Vas posted on May 18, 2023, 

which extended the date for submission of quotations. Amendment 0002 \Vas posted on May 26, 

2023, which provided answers to questions received in response to the solicitation. Amendment 

0003 was posted on June 2, 2023, which extended the date for submission of quotations and 

incorporated changes to the RFQ. Five quotations were received by the due date for receipt of 

quotations, June 5, 2023, at 10:00 A.M. local (Washington, DC) time. 

The vendors that submitted quotations are identified below: 

(b)(4) 

ICE Data Pricing and Reference Data, LLC ("ICE") 

(b)(4) 

II. TECHNICAL EVALUATION 

The Technical Evaluation Plan for this procurement was signed by the Technical Evaluation 

Committee (TEC) and the Contracting Officer on June 13, 2023. 

According to Part III - Section 3.5 of the RFQ, the TEC considered the follO\ving technical 

evaluation criteria applicable to this solicitation and reflected below are in descending order of 

importance: 

L Technical Solution 

2. Corporate Experience and Past Performance 

Pursuant to the terms of the RFQ, the TEC considered the infomiation provided in the technical 

volumes as well as information provided by the Contracting Officer, such as the past 

perfonnance assessments and CPARS reports, when formulating its consensus evaluation. The 

Source Selection Information - Sec FAR 2.101 & 3.104 Page 1 
Determination of Phase 2 Competitors CUI//SP-SSEL Market Data Services for Global Risk System 

Phase 1 Technical Evaluation Report was signed by the TEC and provided to the Contracting 

Officer on July 6, 2023. 

The TEC consensus rankings and evaluation ratings (overall and for each criterion) of the 

quotations are shown in the following table: 

Corporate 

Technical Experience and Quoter Overall Rating Solution Past 

Performance 

(b)(5) (b)(4)

I. 

2. ICE 

(b)(4)

3. 

- ~ 

4. 

- ~ 

4. 

The complete rationale for these rankings is contained in the Phase 1 Technical Evaluation 

Report. 

III. PRICE EVALUATION 

The RFQ required Quoters to provide a fim1-fixed price for all requirements outlined in the RFQ. 

For price evaluation purposes, the Contracting Officer reviewed the proposed FFP amounts for 

all CLINs in determining \Vhether the total price \Vas reasonable. Per the RFQ, "The evaluated 

price \Vill be the sum of the proposed FFP amount for all CLINs (i.e., CLINs X000I, X0002, and 

00003)." 

Table 1 on the follO\ving page illustrates the 5-year evaluated prices for the quotations received. 

Following the table is a section labeled "Pricing Notes," which identifies issues that Quoters 

would need to address if they were to remain under consideration for award. 

(Rest of Page Intentionally Left Blank) 

Source Selection Information - Sec FAR 2.101 & 3.104 Page 2 
Determination of Phase 2 Competitors CUI//SP-SSEL Market Data Services for Global Risk System 

TABLE I 

(b)(4) (b)(4) ICE J 

(b)(4) Base Year 

Option Year 1 

Option Year 2 

Option Year 3 

Ootion Year 4 

I I I I I 

(b)(4) TOTAL I $1,000,995.07 l(b)(4) I 

(b)(5) 

In perfom1ing price analysis, the Contracting Officer compared the proposed prices from the five 

quotations received in response to the solicitation. The proposed pricing is listed above from left 

to right, lowest to highest. The Contracting Officer deemed there to be adequate price 

competition because there were five responsible offerors, competing independently, all of which 

submitted pricing to satisfy the Government's requirement listed in the RFQ. Because of the 

evaluation of the proposed pricing pursuant to FAR 15.403-l(c)(l), the Contracting Officer 

believes that the total prices in the final quotation revisions will be reasonable for the contract. 

The Contracting Officer \Vill determine whether the total prices of the final quotation revisions 

are reasonable pursuant to the requirements of FAR 15.404-1. 

IV. DETERMINATION 

After consulting \Vith the TEC, the Contracting Officer concludes that the following Quoters 

should remain under consideration for award: 

(b)(4) 

ICE 

These firms will be invited to participate in written discussions. The rationale for this 

determination is discussed below. 

Source Selection Information - Sec FAR 2.101 & 3.104 Page 3 
Determination of Phase 2 Competitors CUI//SP-SSEL Market Data Services for Global Risk System 

(b)(5) 

(b)(5) 

Source Selection Information - Sec FAR 2.101 & 3.104 Page 4 
Determination of Phase 2 Competitors CUI//SP-SSEL Market Data Services for Global Risk System 

(b)(5) 

(b)(5) 

Source Selection Information - Sec FAR 2.101 & 3.104 Page 5 
Determination of Phase 2 Competitors CUI//SP-SSEL Market Data Services for Global Risk System 

(b)(5) 

(b)(5) 

Summary 

As discussed earlier in this document, the Contracting Officer does not believe a determination 

of best value can be made at this time, and that it would be in the Commission's best interests for 

the firms still under consideration for a\Vard ((bl(4l and ICE) to be given an opportunity to 

address technical weaknesses and submit more competitive pricing, as appropriate. In the Phase 

2 notifications, the Contracting Officer will include questions that address the weak points of the 

Source Selection Information - Sec FAR 2.101 & 3.104 Page 6 
Determination of Phase 2 Competitors CUI//SP-SSEL Market Data Services for Global Risk System 

respective quotations, as well as other issues that need to be addressed ( e.g., proposed license 

agreement terms). These Quoters will be able to submit responses to the questions provided in 

addition to final quotation revisions for evaluation by the cutoff date and time for submission set 

by the Contracting Officer. It is anticipated that the final quotation revisions will enable the 

Contracting Officer to make a best value determination. Infonnation gleaned from the responses 

to questions, as \Vell as the evaluation of the final quotation revisions \Vill be used in determining 

the contract awardee. 

Pursuant to FAR 9.405-1 (b )(2), the Contracting Officer has reviewed the System for Award 

Management (SAM) Exclusions and determined that none of the two Phase 2 Quoters are 

currently debarred, suspended, or proposed for debarment. Immediately prior to award, the 

Contracting Officer will again review SAM Exclusions to ensure that no award is made to a 

listed contractor. Also, prior to awarding the contemplated contract, the Contracting Officer will 

complete a determination of responsibility for the awardee. 

Since (bl(4l were not competitive for award, and there are two Quoters still 

under consideration for award, the Contracting Officer \Vill notify (bl(4l that 

they have been removed from further consideration for award of the contract. 

Digitally signed by CHRISTIN CHRISTINE HAN 

Date: 2023.07.07 EHAN 7 /7 /23 09:36:42 -04'00' 

Christine J. Han Date 

Contracting Officer 

Source Selection Information - Sec FAR 2.101 &3.104 Page 7 
PHASE 1 

TECHNICAL EVALUATION REPORT 

"Market Data Services for Global Risk System" 

Request for Quotation (RFQ) Number 9523ZY-23-Q-0022 

Jnly 6, 2023 

Source Selection Information - See FAR 2. 1 O 1 and J. 104 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

Background 

The Commodity Futures Trading Commission ("CFTC" or "Commission") is seeking contractor support 

to provide a market data pricing feed composed of the Exchanges in the Request for Quotes ("RFQ"), 

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 the RFQ, Attachment A Mandatory Requirements Matrix. The contractor shall provide all 

associated implementation, documentation, and sothvare 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 WindO\vs and SQL Server. 

On May 2, 2023, the Commission posted RFQ 9523ZY23Q0022 to www.SAl\.1.go\· as a combined 

synopsis/solicitation for commercial items. Amendment 0001 was posted on May 18, 2023, which 

extended the date for submission of quotations. Amendment 0002 \Vas posted on May 26, 2023, \Vhich 

provided answers to questions received in response to the solicitation. Amendment 0003 \Vas posted on 

June 2, 2023, which extended the date for submission of quotations and incorporated changes to the 

RFQ. Five quotations were received by the due date for receipt of quotations, June 5, 2023, at 10:00 

A.M. local (Washington, DC) time. 

CFTC intends to award one contract to the Quoter whose quotation, conforming to the RFQ, represents 

the best value to the Government. 

Technical Ryaluation 

The Technical Evaluation Committee ("TEC" or '·Committee'') evaluated the five (5) quotations 

received based on the technical evaluation criteria contained in the RFQ. The Contracting Officer 

provided the technical volumes of the quotations to the TEC in addition to the completed past 

performance assessments. Pursuant to the terms of the RFQ, the Contracting Officer also provided the 

TEC with any available relevant Contractor Performance Assessment Rating System (CPARS) 

infomrntion. 

As established in the Technical Evaluation Plan, the TEC evaluated each quotation based on the 

technical evaluation criteria contained in the RFQ, as amended, and restated belmv: 

I) Technical Solution - CFTC \Vill evaluate the Quoter's understanding of the Performance 

Work Statement (PWS) as evidenced by the proposed technical solution. CFTC will consider 

the Quoter's proposed solution and the likelihood that it will meet or exceed all requirements 

in Attachment A, Mandatory Requirements Matrix. CFTC will evaluate the Quoter's proposed 

implementation plan and the likelihood of successful performance by 30 calendar days after 

the kickoff meeting. CFTC will evaluate the Quoter's proposed Data Quality Procedures. The 

Quoter's proposed Data Quality Procedures shall address, at a minimum, the four bullets listed 

under PWS, Section 5, Data Quality Procedures (PWS, pages 3 and 4). License terms, 

maintenance terms, or End User License Agreement(s) (collectively, "terms of service") shall 

be acceptable to the CFTC. In the event a Quoter submits terms of service, CFTC will review 

Source Selection Information - See FAR 2.101 and 3.104 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

and may negotiate those terms and conditions to ensure compliance \Vith standard Federal 

regulations including FAR 52.212-4 (DEC 2022). 

2) Corporate Experience and Past Performance - The CFTC \Vill evaluate the Quoter's 

history of successfully performing projects similar in scope, magnitude, and complexity to this 

project to the extent to which it demonstrates a likelihood of successful performance under the 

contract. The evaluation will be based on infonnation provided in the quotation, references if 

contacted, Past Perfomiance Assessments, information provided in response to any 

clarification questions, information provided by discussions and/or quotation revisions, if any, 

and any other information available to the Government ( e.g., CPARS, firsthand knowledge of 

performance, etc.). 

In accordance with Part JJI - Section 3.5 of the RFQ, the TEC considered the following two (2) technical 

evaluation criteria: 1) Technical Solution and 2) Corporate Experience and Past Performance. Per the 

RFQ, criterion 1) Technical Solution \Vas more important than criterion 2) Corporate Experience and 

Past Performance. 

As established in the Technical Evaluation Plan, the TEC assigned strengths and weaknesses for the 

technical evaluation criteria. The strengths and 'A'eaknesses were considered by the TEC in determining 

the adjectival ratings for each criterion. The TEC referred to the relative importance of the criteria when 

determining the overall adjectival rating for the quotation. The adjectival ratings and their associated 

definitions, as stated in the Technical Evaluation Plan, are listed below. 

Adjectival Rating Definition 

Excellent There are no concerns perceived with the offeror successfully 

performing the contract. Furthermore, the offeror appears capable of 

exceeding the requirements of the contract. 

Good There are very few concerns perceived with the offeror successfully 

performing the contract. Furthermore, the offeror appears capable of 

meeting or exceeding the requirements of the contract. 

Adequate There are some concerns perceived with the offeror successfully 

performing the contract. Furthermore, the offeror may have some 

problems during contract perfomiance, but appears to be capable of 

meeting the requirements of the contract. 

Poor There are significant concerns perceived with the offeror successfully 

performing the contract. Furthermore, the offeror appears unlikely to 

meet the requirements of the contract. 

(Rest of Page Intentionally Left 111ank) 

Source Selection Information - See FAR 2.101 and 3.104 

2 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

Neutral 1 The offeror has no record of relevant past performance, or 

information on past performance is not available. The quotation 

receives no merit or demerit for past performance. 

The overall technical rankings of the quotations are as follows based upon the TEC's evaluation ofthe 

technical merits of each quotation: 

I) (b)(41 

2) ICE Data Pricing and Reference Data, LLC ('"ICE") 

3) (b)(4) 

4) 

5) 

The following table details the quotations and the adjectival ratings assigned by the TEC for each technical 

evaluation criterion, as well as the overall technical evaluation ratings. 

Corporate 

Technical Experience and Quoter Overall Rating Solution Past 

Performance 

(b)(5) (b)(4) 

ICE 

-

(b)(4) 

~ - ~ -

~ - ~ -

The following narratives arc the findings of the TEC. The strengths and weaknesses that the TEC 

considered in determining the ratings for the technical quotations are summarized in the following pages, 

\vhich are organized by Quoter. 

(Rest of Page Intentionally Left Blank) 

1 Only applicable to the "past performance" component of Criterion 2. 

Source Selection Information - See FAR 2.101 and 3.104 

3 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

Quotcr:(bl(4l 

ICriterion 1- Technical Solution I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

4 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

(b)(5) 

ICriterion 2- Corporate Experience and Past Performance I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

5 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

(b)(5) 

(Rest of Page Intentionally Left Blank) 

Source Selection Information - See FAR 2.101 and 3.104 

6 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

Quotcr:(bl(4l 

ICriterion 1- Technical Solution I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

7 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

(b)(5) 

I Criterion 2- Corporate Experience and Past PcrlOrmancc I Rating: (bl(5

l 

(b)(5) 

(Rest of Page Intentionally Left Blank) 

Source Selection Information - See FAR 2.101 and 3.104 

8 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

(b)(4) Quoter: 

ICriterion 1- Technical Solution I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

9 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

(b)(5) 

I , (b)(5) ICriterion 2- Corporate Experience and Past Performance Ratmg: 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

10 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

Quoter: ICE 

(b)(5) ICriterion 1- Technical Solution IRating: 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

11 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

ICriterion 2- Corporate Experience and Past PcrlOrmancc .

I Ratmg: (b)(5) 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

12 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

(b)(5) 

(Rest of Page Intentionally Left Blank) 

Source Selection Information - See FAR 2.101 and 3.104 

13 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

Quoter:(bl(4l 

I Criterion 1- Technical Solution I Rating: (bl(5l 

(b)(5) 

Source Selection Information - See FAR 2.101 and 3.104 

14 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

I Criterion 2- Corporate Experience and Past Performance I Rating: (bl(5I 

(b)(5) 

(Rest of Page Intentionally Left Blank) 

Source Selection Information - See FAR 2.101 and 3.104 

15 
9523ZY 23 Q 0022 CUJ//SP SSEL Phase I Technical Evaluation Report 

Concurrence 

ANTHONY CARR Digitally signed by ANTHONY CARR 

Date: 2023.07.06 11 :04:28 -05'00' 

Anthony Carr Date 

Division of Data 

Chairperson, Technical Evaluation Committee 

Digitally signed by BRANDON BRANDON WEBB 

Date: 2023.07.06 11 :26:46 WEBB -05'00' 

Brandon Webb Date 

Division of Clearing and Risk 

Voting Member. Technical Evaluation Committee 

Digitally signed by OLUSOLA OLUSOLA ONABAJO 

Date: 2023.07.06 12:11:52 ONABAJO -04'00' 

Olusola Onabajo Date 

Division of Data 

Voting Member. Technical Evaluation Committee 

Source Selection Information - See FAR 2.101 and 3.104 

16 
1. REQUISITION NUl,<BER SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS oe IP~G~ 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1 PROGC230'.l60 12s 2 CONTRACT NO, 3, AWARD' J4, ORDER NUMBER 5 SOLICITATION NUMBER 6 SOLICITATION 

9:<nZY23C0023 EFFECTIVE DATE '?5)3f'.V)3QC0)) ISSUE DATE 

1 '.)8/26/2023 1 1 '.)5/ 19/2'.123

a NAME 'b TELEPHONE NUMBER /No ml/eel calls) 8 OFFER DUE DATE/LOCAL TIME 

f)t,'·i', LC,2• 1:-,,::0 A'l FOR SOLICITATION ' INFORMATION CALL: ► l

:.::HlCS'l'_NJ:, .':.-'...N l

202-116-(,Ji]( 1 " q ISSUED BY CODE IC:F1'C-f<.CR 10 Tl IIS ACQUISITION IS " UNRE8TRICTEO OR SET ASIDE % FOR

WOMEN-OWNED SMALL BUSINESS C:ommo,ji-::y .'"Jtures 'l'rc1din1 Corm SMALL BU~INESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

::h:::-f-'cc Lc1fiiyf-'t.t.f-' '.>nt.f-'L HUBZONE SMALL SMAIL RLJSINFS.4 PR0f;RAM NAICS ~,2]21C BUSIN[SS EDWOSB _155 212t Street Nl•J SERVICE-DISABLED B(A} ,,,;as :--1ln9 t_on y: 20561 SIZE STANDARD $4 l. 0 VETERAN-OWNED 

SMALL BUSINESS 

DELIVERY FOR FOB DESTINA- 12 DISCOUNTTERMS 13b RATING " TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A P?OJvPT \'C''J' _jQ MARKED RATED ORDER UNDER 14, METHOD OF SOLICITATION 

SEE SCHEDULE DPAS (15 CFR 7%) X RFQ ,rn ace 

15 DELIVER TO CODE I 1/i ADMINISTERED BY CODE IC!· l'C-BOE 

Cc:rmc:,di t.y ":'".1t.11rec: Trc;di119 Co:·m 

Comrod'ty Fut·Jres 1'raci-.g ::omm 

P'.<:: ~::::oln C11c1bc;jo, C· HHbcijc.,5, ft.c .gvI 

Three Ta.~ayette Center 

L.55 2 );\1,j ls:... J:....reeL 

11 'i'i 2:st St:::-eet NW 

'lhLee Lafayel:...e Cenle.r 

Wo.shi:-'.gtcn DC 2C~l:ll 

\-Jasr_in:;to:1 ::-c 2 0':>8 l 

'"' 17a CONTRACTOR! COOEr;p,, ;,JPA7" ;T,T_, FACILITY I PAYMENT WILL BE MADE BY CODE ICFTC Nl,TL J1CC'::G OFFEROR I CODE 

?OC: (b)(6) u. s. DC1' - VIMAC 

ICE DATA PR::CING ?E":'".C:RENCE DATA LLC Sec '"lcct·ronic Tnv•.Ji c' ng and Pa.Jmc :1t 

'..I 6(.0 t:F,\·J KO?'rHSTf:'C' f;Ci_ Requirements - r---'a -,- kct Data' clause 

FC 3 fer i-.vo' ce i nstructi O:-' 

A'l'LAN'l'A G.i". 3032853CIJ 

TELEPI IONE NO. 

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 1~a UNLESS BLOCK BELOW 

IS CHECKED SEEADDENOUM 

rn u ITEM NO SCHEDULE OF surrLIES.'SERVICES " QUANTITY " UNIT UNIT" rRICE AMOUNT " 

'Ma:::-:--::et :Jata :.Cervices foe Gl::JDctl 8.isk S'js:em 

See Con:inuaticn Paqes. 

i'scco-Jntir.q lnfc: 

CF23_400C0.2023,7J:1JOCJOC.(C6J2C2J00.26J65.6:CJOC 

00.JOCOOCO'.lOO.OOOJOOJOCJ.COOCO'.lOCOJ.UJOOOOCJOO 

?eri ,d :Jf _::-,er f c: rmn: cc: Jil/26/2823 t.c '.lii/25/202.J 

0 '.JOO l 3c1:oe: MdLk.el_ Ddlct Pr.1cl11:,i FeeC. LJ,954.88 

C:Jnt' nued 

(Use Reverse and/or Aflach Addi/1onal Sheets as Necessary) 

" ACCOUNTING AND APPROPRIATION DATA TOTAL AWARD AMOUNT (For Gov/. Use Only) 

SC'c sc<-icdll C I'" 51W.,l'i4.R8

27~. SOLICITATION INCORPORATES BY REFERENCE FAR 52 212-1, 52.212-4. FAR 52 212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ASS ARE NOT ATTACHED, 

X 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4 FAR 52 212-5 IS ATTACHED. ADDENDA ASS X ARE NOT ATTACHED 

29. AWARD OF CONTRACT. OFFER 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANO DELIVER 

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

DATED YOUR OFFER ON SOLICITATION (BLOCK 5), 

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE ANO ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH 

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. HEREIN, IS ACCEPTED AS TO ITEMS. 

30a SIGNATURE OF OFFERORJCONTRACTOR 31a UNITED STATES OF AMERICA fSIG'1/\TURE OF C0'1TR/\CTrolG OFFICER) 

(b)(6) O,g;tally 11gned by CHRISTINE CHRISTIN Ee HAN 

Date. 2023.08.08 15.47 .21 '-''" 37 b NAME OF CONTRACTll·,G Orr1ctR (Type or print) 31c DATE SIGNED 

CHR='.->TINE E?,N 8/8/23 1 

STANDARD FORM 1449 (REV 2/2012) 

Prescribed by GSA· FAR 148 CFRI 53.212 
rn 

ITEM NO. 

OJOC2 

7 JOC 7 

180C2 

?JOl-:1 

2'.JOC2 

]JOCl 

w SCHEDULE OF SUPPLIES'SERVICES 

Obi (b)(4) igated ~rou:,t: 

B3c'e: Market Excha:-ige Fees 

Obliguted 1'1L.0U:lt :(b)(4) 

Opt i er. 7 ' Ma,ket rata p-~icing Feec 

(b)(4) Amount: (~lptior. Line l ter) 

08/2612024 

:Jptior: 1, Mdrket Exchange Fees 

(b)(4) ,'\.mount: (C>:o::ion Lir:e Item) 

08/)6;/0)4 

Jpt i er. ;_: Market Lat.a p-~i ci ng Feec 

Amount: .(b)(4) :optior. Line lter) 

08/26/2025 

~lpt1or: 2: Market l'.xchanqe lees 

Amuunt: (b)(4) O?::io11 Lir:e Item) 

0R,'?f,//.07'-' 

Jptior. Market C:i.tc'. P:::-icinq Feeci '' 

."-mount: (b)(4) Opt i or. T,i ne Tter) 

Contir:ued 

QUANTITY " UNIT " n UNIT PRICE AMOUNT "

61, 2c r,. oc 

c.oc 

C.OC 

r,. oc 

C.OC 

C. OC 

32a QUANTITY IN COLUMN 21 HAS BEEN 

RECEIVED INSPECTED ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED 

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d PRINTED NAME AND TITLE DF AUTHORIZED GOVERNMENT REPRESENTATIVE 

32c. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 

33. SHIP NUMBER 

PARTIAL FINAL 

34 VOUCHER NUMBER 35. AMOUNT VERIFIED 

CORRECT FOR 

36 PAYMENT 

COMPLETE PARTIAL FINAL 

37 CHECK NUMBER 

38. S/R ACCOUNT NUMBER 39 S/R VOUCHER NUMBER 40. PAID BY 

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Punt/ 

42b RECEIVED AT (Lvcar,,,n) 

42c. DATE REC'D (YYIMMIDD) 142d. TOTAL CONTAINERS 

''" SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 

STAN DARO FORM 1449 (REV. 212012) BACK 
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE 

CONTINUATION SHEET 952 JZY2JCOU 2J 

3 22 

NAMC or O>+CKOK OK CON fKACTOK 

=cE DATA PRICING RE?~RENCE DATA LLC 

ITEM NO QIJANTITY UNIT LINIT PRIC:E At.10lJNT 

(A) (BJ (C) (D) (El (Fl 

JUC02 Opl_on J: :,1a.:::·:-:el 

.Arno.rnl: (b)(4) 

08/20/2C26 

lcxchan1e 

:Jpl.LO:' 

C'ees 

L_'._ne lle~1) 

0.00 

,; oc O 1 Opt_:_on 1: ~1a~:{et 

Arno.rnt: (b)(4) 

08 l2E '2C27 

Data l:'1:'_ci·:g £,'eed 

(Option Line I:.em} 

D.00 

L.OC02 Opl_on 4: Yla.::::-:el 

Am0.1nl: (b)(4) 

08/2E/2C27 

Exchan'=1e 

:opL.i.O:' 

?ees 

L_ne Ile:-1) 

0.00 

The to::al amount cf 

cbl:'_,Jc.:::'_011 for thic: 

award: Sl,OC0,995.CO. 

awctn1 iii :-;··ivwn in box 

The 

20. 

NSN 7540-01-152-8067 OPTIONAL FORM J.1£ (4-86) 

Sponsored b:, GS/\ 

FAR (48 CFRI 03 110 
9523ZY-23-C-0023 

PART! 

STATEME:-.IT OF WORK (SOW) 

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, Ne\v 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 ofClearing 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. OCR 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 OCO 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 tcnns 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 Finn Risk software provides DCR with insight 

into the risk related to futures portfolios of FCMs and other market participants. Positions of 

market participants arc 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 finn 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 Ri::.k software :.ends a series of data requests for the required market instruments to the 

data vendor over a dedicated VPN. The data requests are cun-ently implemented to establish a 

refresh rate between 2 and 3 minutes during morning, afternoon, and overnight sessions for all 

required instruments. 

This Statement of Work (SOW) 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. 

4 
9523ZY-23-C-0023 

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 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. :vJaintenance 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. 

4. Documentation Requirements 

The required contractor submitted documents are listed below. The associated due dates for the 

following deliverables are listed in the SOW, Part I - Section 9. Deliverables table. 

• 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; 

• I low 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. 

• 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. 

5 
9523ZY-23-C-0023 

5. 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. 

6. 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. 

7. 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 8 of this SOW. 

8. CFTC IT Systems and Support Services Contract Requirements- Market Data 

General 

All contractors and contractor personnel shall be subject to the same Federal lmvs, 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 perfom1 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 arc subject to the same 

investigative requirements as those of regular CFTC appointees or employees who have access 

6 
9523ZY-23-C-0023 

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 

Infomrntion made available to the contractor by CFTC for the perfonnance or administration of 

this contract or information developed by the contractor in perfonnance 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 TT 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 \Vritten 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 ofCFTC 

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 (Pll) 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. 

7 
9523ZY-23-C-0023 

IfCFTC 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 ofNIST's 

FJPS 140-2 standard. 

To the extent that CFTC information is not made available to ICE for the performance or 

administration of this contract this section does not apply. 

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 Modernintion 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 FTPS 199 system 

security categorization. 

The security controls must be designed, developed, approved by CFTC, and implemented in 

accordance with the provisions ofCFTC security system development life cycle as outlined in 

NIST Special Publication 800-37. 

The contractor agrees to: 

(I) 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: 

1. The systems of records; and 

11. 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. 

To the extent that ICE does not design or develop any information systems for the CFTC, this 

section docs not apply. 

8 
9523ZY-23-C-0023 

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 arc 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 assessmenl (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 detem1ined 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 PTA and supported by a risk assessment. Tr 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 Pl 1. 

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, \Vho 

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 

FJSMA 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 \Viii 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 \viii 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. 

9 
9523ZY-23-C-0023 

To the extent that ICE does not design or develop any information systems for the CFTC this 

section does not apply. 

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 infonnation, 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. 

IfTCE becomes aware of any actual or suspected unauthorized access to its networks or 

infrastructures, hardcopy documents or physical equipment, containing or relevant to CFTC's 

confidential information (referred to herein as an "Incident"), ICE will take appropriate 

reasonable actions to contain and mitigate the Incident. In the event ICE deems it reasonable and 

appropriate to notify the CFTC, ICE shall provide such notification to the CFTC if applicable 

(subject to any delay requested by an appropriate \av•/ enforcement agency), to enable the CFTC 

to expeditiously implement its response program. 

Security Controls Compliance Testing 

On a periodic basis, CFTC reserves the right to request the SOC 2 report be submitted by ICE, 

which provides a review oflCE's infom1ation security policies, processes, controls and data 

centers. 

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 

10 
9523ZY-23-C-0023 

(4) Successfully complete any additional cyber security or privacy training, as required for 

CFTC personnel with equivalent infomrntion system access - e.g., any role-based 

infonnation security training required in accordance with NIST Special Publication 800-

16, lnfonnation 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. 

To the extent that ICE is not required access to CFTC information and/or information systems as 

part of this contract, this section does not apply. 

9. Deliverables 

The contractor shall produce the following deliverables detailed in SOW, Section 4 

Documentation Requirements. The contractor shall prepare deliverables using Microsoll 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. 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 

Data Quality Procedures Submitted with the quotation 

Operations and Maintenance Procedures Within 30 days of contract award 

(Rest of Page Intentionally Left Blank) 

11 
9523ZY-23-C-0023 

PART II 

ADDITIONAL TERMS AND COl\'DITIO'.'IS 

I. CONTRACT PRICING - FIRM FIXED PRICE CONTRACT 

This is a firm-fixed price contract. The total firm-fixed-price is $181.154.88. 

2. DESCRIPTION OF SUPPLIES/SERVICES 

CLl~/Description QTY Ul\'IT UNIT TOTAL FU'.'IDED 

PRICE AMOUNT 

Base Period 

0000 I: Market Data (b)(4) $II 9.954.88 $119.954.88 

Pricing Feed 

00002: Market $61.200.00 $61.200.00 

Excharnle Fees 

Total - Base Period $181,154.88 $181,154.88 

Ootion Period 1 

1000 I: Market Data (b)(4) $125,952.60 GOY USE 

Pricing Feed 

10002: Market $64,260.00 GOV USE 

Exchange Fees 

Total - Ootion 1 $190,212.60 GOV USE 

Ootion Period 2 

20001: Market Data (b)(4) $132.250.20 GOV USE 

Pricing Feed 

20002: Market $67.473.00 GOV USE 

Exchange Fees 

Total - Ootion 2 I $199,723.20 GOV USE 

Option Period 3 

30001: Market Data (b)(4) $138.862.80 GOV USE 

Pricing Feed 

30002: Market $70.846.68 GOV USE 

Exchange Fees 

Total- Ootion 3 $209,709.48 GOV USE 

Option Period 4 

40001: Market Data (b)(4) $145,805.88 GOV USE 

Pricing Feed 

40002: Market $74.388.96 GOV USE 

Exchange Fees 

Total- Option 4 $220,194.84 GOV USE 

Total Contract $1,000,995.00 GOV USE 

Value 

12 
9523ZY-23-C-0023 

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. 

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 <lays 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 docs not commit the Government to an extension. 

(b) lfthe 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 I: 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. CONTRACTl:'IG OFFICER 

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

Christine Han 

Commodity Futures Trading Commission 

Business Operations Branch 

1155 2JS1 Street, NW 

Washington, DC 20581 

Phone: (202) 418-6046 

E-Mail: chan(a:cftc.gov 

6. CONTRACTl'.\IG OFFICER'S REPRESENTATIVE 

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

Shola Onabajo 

Commodity Futures Trading Commission 

Division of Data 

115521"Street,NW 

Washington, DC 20581 

13 
9523ZY-23-C-0023 

Phone: (202) 418-5287 

E-Mail: oonabajo(dcllc.gov 

The Contracting Officer may also designate an Alternate COR contract. The Alternate COR, if 

designated, \vill be authorized to perform the COR responsibilities described in this contract in 

instances where the COR is not available. 

7. TECH:"IICAL DIRECTION AND SURVEILLAI\CE 

(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: 

(I) 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: 

(I) Assigns additional work outside the scope of \vork 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: 

(I) 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. 

14 
9523ZY-23-C-0023 

(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 PAYME"IT REQUIREMEI\TS- 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 Tenns and Conditions--Commercial Products and Commercial Services) apply to this 

contract. 

Payment requests (i.e., invoices) shall be submitted electronically through the Delphi elnvoicing 

system via Login.gov as follows: for CLINs X000I and X0002. the invoice shall be submitted 

on a monthly basis, in affears, for processing and payment. (For foreign contractors see Note at 

end of clause.) The CFTC's Delphi elnvoicing 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 Perfonnance Begin" 

and "Period of Pcrfonnancc End" fields when submitting an invoice through the clnvoicing 

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 ( I 0) days after the change. 

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

https://einvoice.esc. gov/ 

If the contractor requires assistance with the clnvoicing system, they may contact the ESC help 

desk: 

15 
9523ZY-23-C-0023 

ESC Help Desk for the Delphi elnvoicing 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. 

Note: All requirements in this clause for submitting invoices through the Delphi clnvoicing 

system (i.e. "iSupplier'') apply only to domestic contractors. Foreign contractors shall 

only submit invoices via email to 9-amc-amL-cllc(d: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 and 

gross negligence on the part of any of its oflicers and employees. Such liability is not restricted 

by any dollar limitations. 

11. GOVERN VIENT 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. The referenced clause is not applicable to the market data that 

is to be provided to CFTC through the data feed. 

12. PRIVACY ACT COMPLIANCE - Market Data 

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. 

To the extent that ICE is not provided personally identifying infonnation as part of this contract, 

this section is not applicable. 

16 
9523ZY-23-C-0023 

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"cornrncrcial item" set forth 

in FAR 2.10 I 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 tenns apply-

( I) 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; 

(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: 

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

(i) Applicability. This agreement is a part ofa 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 di.\putes. 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. 

17 
9523ZY-23-C-0023 

(iv) Continued pet:fOrmance. 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, cost:, 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 tcnns if they arc not material. A material change is defined as: 

(I) Tem1s that change CFTC rights or obligations; 

(II) Terms that increase CFTC prices; 

(Ill) Terms that decrease overall level ofservice; or 

(TV) Tcnns 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 mto the contract using a bilateral 

modification. 

(C) Any agreement terms or conditions unilaterally revised subsequent to award 

that are inconsistent with any material term or provision of this contract shall not be enforceable 

against the CFTC, and the CFTC shall not be deemed to have consented to them. 

(viii) l\/o automatic renev.:als. If any license or service tied to periodic payment is 

provided under this agreement ( e.g., annual software maintenance or annual lease term), such 

license or service shall not renew automatically upon expiration of its current tenn without prior 

express consent by an authorized CFTC representative. 

18 
9523ZY-23-C-0023 

(ix) Indemnification and Unauthorized Obligations. 

(A) When any supply or service acquired under this contract is subject to any 

commercial supplier agreement that includes any language, provision, or clause requiring the 

Government to directly or indirectly indemnify the Contractor or any person or entity for 

damages, costs, fees, or any other loss or liability or similar that would or reasonably could 

create an Anti-Deficiency Act violation (31 U.S.C. 1341 ), any such language, provision, or 

clause is unenforceable against the Government, and will be treated as if those tenns were 

deleted and do not otherwise exist. 

(B) Any clause of this agreement requiring the commercial supplier or licensor to 

defend or indemnify the end user is hereby amended to provide that the CFTC and/or the U.S. 

Department of Justice has the sole right to represent the United States in any such action, in 

accordance with 28 U.S.C. 516. 

(x) Audits. Any clause or this agreement pem1itting the commercial supplier or 

licensor to audit the end user's compliance with this agreement is hereby amended as follows: 

(A) Discrepancies found in an audit may result in a charge by the commercial 

supplier or licensor to the CFTC. Any resulting invoice must comply with the proper invoicing 

requirements specified in the underlying CFTC contract or order. 

(B) This charge, if disputed by the CFTC, will be resolved in accordance with 

subparagraph (v) (Disputes); no payment obligation shall arise on the part of the CFTC until the 

conclusion of the dispute process. 

(C) Any audit requested by the contractor will be performed at the contractor's 

expense, without reimbursement by the CFTC. 

(D) Any contractor requesting a right to audit CFTC's end user compliance must 

provide CFTC 30 days prior written notice before being permitted to conduct any on-site audit. 

(xi) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or 

licensor seeks to pass along to the CFTC as end user will be governed by the terms of the 

underlying CFTC contract or order and, in any event, must be submitted to the Contracting 

Officer for a dctcnnination of applicability prior to invoicing unless specifically agreed to 

otherwise in the CFTC contract. 

(xii)Non-assignment. This agreement may not be assigned, nor may any rights or 

obligations thereunder be delegated, without the CFTC's prior approval, except as expressly 

permitted under the clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, 

which is incorporated herein by reference. 

Confidential in/0rmation. If this agreement includes a confidentiality clause, such clause is 

hereby removed. Issues regarding release of "unit pricing'' will be resolved consistent with the 

Freedom of Information Act. 

19 
9523ZY-23-C-0023 

14. INFORMATIOI\' SECURITY -CITIZE:-.ISHIP / GREE:-.1 CARD 

REQUIREMENT- :vlarket Data 

All employees of the contractor and those of any subcontractor who will handle CFTC data, 

including operating and managing information systems containing CFTC data. shall be a citizen 

of the United States of America, or an alien who has been lawfully admitted for pennanent 

residence as evidenced by a Pennanent Resident Card. USCIS 1-551 ("Green Card"), 

authorizing them to live and work in the US on a permanent basis. Any requests for exceptions 

must be made to the Contracting Officer and approved by CFTC's Chief Information Security 

Officer. 

To the extent that ICE does not handle CFTC data as part of this contract, this section is not 

applicable. 

15. INSPECTION Al\'D ACCEPTANCE 

Inspection and acceptance of items delivered or services performed under this order shall be 

performed by the Contracting Officer's Representative identified under Part II, Additional 

Terms and Conditions, of this contract. 

16. ORGANIZATIONAL COl\'FLICTS OF INTEREST (OCI) 

(a) The contractor warrants that to the best ofits knowledge and beliet: and except as otherwise 

disclosed, it docs not have any organintional conflict of interest, which is defined in 

FAR Subpart 9.5 as a situation in which the nature of work under a Government contract and a 

contractor's organizationaL financial, contractual or other interests are such that: 

1. Award of the contract may result in an unfair competitive advantage; or 

2. The contractor's objectivity in performing the contract work is or might be otherwise 

may be impaired. 

(b) The contractor agrees that if afier award it discovers an organizational con.llict of interest 

with respect to this contract, it shall make an immediate and full disclosure in writing to the 

Contracting Officer, which shall include a description of the action(s) that the contractor has 

taken or intends to take to mitigate, eliminate, or neutralize the conflict. 

(c) The provisions of this clause shall be included in all subcontracts and consulting agreements 

wherein the work to be performed is similar to the service provided by the prime contractor 

under this contract. The contractor shall include in such subcontracts and consulting agreements 

any necessary provisions to mitigate, eliminate, or neutralize organizational conflicts of interest. 

(d) The Contracting Officer has dete1mined, however, that the nature of the work to be 

performed under this contract may give rise to potential perceived or actual organizational 

conflicts of interest in future CFTC contracts. Accordingly, the contractor and CFTC have 

agreed to the following conditions: 

20 
9523ZY-23-C-0023 

I. The contractor shall not be required to develop specifications or statements of work 

that are to be incorporated into any CFTC solicitation: and 

2. The contractor shall not be provided any Government cost estimates, sourceselection information, or third-party proprietary technical or cost data. 

(c) Additionally, the contractor understands that for any related follow-on contract, it may be 

required to provide a statement which describes concisely all relevant facts concerning any past, 

present or planned interest (financial, contractual, organiLalionaL or otherwise) relating to the 

work to be performed under the proposed contract and bearing on whether the quoter has a 

possible organizational conflict of interest with respect to: 

1. Being able to render impartial and objective assistance or advice: or 

2. Being given an unfair competitive advantage. The quoter may also provide relevant 

facts that show how its organizational structure and/or management systems limit its 

knowledge of possible organizational conflicts of interest relating to other divisions 

or sections of the organization and how that structure or system would avoid or 

mitigate such actual or perceived organizational conflict. 

The contractor understands that no award shall be made until any potential conflict of interest 

has been neutralized or mitigated to the satisfaction of the Contracting Officer, or unless a 

waiver has been granted. 

17. PRIVACY OR SECURITY SAFEGUARDS - Market Data 

(a) The Contractor shall not publish or disclose in any manner, without the Contracting Otlicer's 

written consent, the details of any safeguards either designed or developed by the Contractor 

under this contract or otherwise provided by the Government. 

(b) If new or unanticipated threats or hazards are discovered by either the Government or the 

Contractor, or if existing safeguards have ceased to fonction, the discoverer shall immediately 

bring the situation to the attention of the other party. 

18. ',QTICE LISTING COI\TRACT CLAUSES !',CORPORA TED BY REFERENCE 

The following FAR clauses are incorporated by reference (by Citation Number, Title, and Date), 

with the same force and effect as if given in foll text. Upon request, the Contracting Officer will 

make the full text available. Also, the full text of clauses incorporated by reference may be 

accessed electronically at this Internet address: http i.\vww.acqui'.1tHm.gnvifar 

Clause 

Number 

Title Date 

52.203-3 Gratuities Apr I 984 

52.203-17 Contractor Employee Whistlcblower Rights and 

Requirement to Inform Employees of Whistlcblowcr Rights 

June 2020 

52.204-4 Printed or Conied Double-Sided on Recvcled Paner Mav 2011 

21 
9523ZY-23-C-0023 

52.212-4 Contract Terms and Conditions - Commercial Products and 

Commercial Services 

Dec 2022 

52.227-14 Rights in Data - General Mav 2014 

19. 52.212-5 CONTRACT TERMS AND CONDITIO"IS REQUIRED TO 

IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL 

PRODUCTS A"ID COMMERCIAL SERVICES (JUI\" 2023) 

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) 

clauses, which arc 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video 

Surveillance Services or Equipment. (Aug 20 I 9) (Section 889(a)( I )(A) of Pub. L. 115-232). 

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 

2015). 

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 

2023) 

(6) 52.233-3, Protest Aller Award (Aug 1996) (31 U.S.C. 3553). 

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 

108-77 and 108-78 (19 U.S.C. 3805note)). 

(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 (June 2020), 

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 (Jun 2020) 

(41 U.S.C. 3509)). 

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and 

Reinvestment Act of2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts 

funded by the American Recovery and Reinvestment Act of2009.) 

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract 

Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 610 I note). 

_ (5) [Reserved]. 

22 
9523ZY-23-C-0023 

(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 l l l-117, section 743 of Div. C). 

X (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) 

(Section 102 of Division R of Pub. L 117-328) 

_X_ (9) 52.209-6, Protecting the Government's Interest When Subcontracting with 

Contractors Debarred, Suspended, or Proposed for Debam1ent. (Jun 2020) 

(31 U.S.C. 610lnotc). 

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility 

Matters (Oct 2018) (41 U.S.C. 2313). 

_ (11) [Reserved]. 

(12) (1) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source A,vard (Mar 2020) 

( 15 U.S.C.657a). 

(ii) Alternate I (Mar 2020) of 52.219-3. 

(13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small 

Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate 

in its offer) ( 15 U.S.C. 657a). 

(ii) Alternate I (Mar 2020) of 52.2 I 9-4. 

_ ( 14) [Reserved] 

_ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) 

(15 U.S.C.644). 

(11) Alternate I (Mar 2020). 

(16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) 

(15 u.s.c. 644). 

(11) Alternate I (Mar 2020) of 52.219-7. 

( 17) 52.219-8, Ut1lizat1on of Small Business Concerns (Oct 2018) 

(15 U.S.C. 637(d)(2) and (3)). 

_ (18) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) 

(15 U.S.C. 637(d)(4)). 

(11) Alternate I (Nov 2016) of52.219-9. 

(iii) Alternate II (Nov 2016) of52.219-9. 

_ (iv) Alternate 111 (Jun 2020) of 52.219-9. 

_ (v) Alternate IV (Jun 2020) of 52.219-9. 

(19) 52.219-13, Notice of Set-Aside ofOrders (Mar 2020) (15 U.S.C. 644(r)). 

_ (20) 52.219- I 4, Limitations on Subcontracting (Mar 2020) ( 15 U.S.C.637(a)( 14)). 

_ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) 

(15 U.S.C. 637(d)(4)(F)(i)). 

(22) 52.219-27, Notice of Serv1ce-D1sabled Veteran-Owned Small Busmess SetAside (Mar 2020) (15 U.S.C. 657!). 

_ (23) (i) 52.219-28, Post Award Small Business Program Rcrcprcscntation (Mar 2023) 

(15 U.S.C. 632(a)(2)). 

(ii) Alternate I (MAR 2020) of 52.219-28. 

_ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically 

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)). 

23 
9523ZY-23-C-0023 

(25) 52 219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned 

Small Business Concerns Eligible Under the Women-Owned Small Business Program 

(Mar 2020) (15 U.S.C. 637(m)). 

_ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) 

(15 U.S.C. 644(r)). 

_ (27) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(l 7)). 

_X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). 

_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) 

(E.O.13126). 

X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

_X_ (31) (i) 52.222-26. Equal Opportunity (Sep 2016) (E.O.11246). 

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

_X_ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). 

(11) Alternate I (Jul 2014) of52.222-35. 

X (33) (i) 52.222-36_ Equal Opportunity for Workers ,vith Disabilities (Jun 2020) 

(29 U.S.C. 793 ). 

(11) Alternate I (Jul 2014) of52.222-36. 

_X_ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). 

_X_ (35) 52.222-40, Notification ofEmployee Rights Under the National Labor 

Relations Act (Dec 2010) (E.O. 13496). 

_X_ (36) (i) 52.222-50, Combating Trallicking 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. chaptcr78 and E.O. 13627). 

X (37) 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.) 

_ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (May 2008) (42 U.S.C. 6962(c)(3){A)(ii)). (Not applicable to the acquisition 

of commercially available off-the-shelf items.) 

_ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable 

to the acquisition of commercially available off-the-shelf items.) 

_ (39) 52.223-11, Ozone-Depleting Substances and lligh Global Warming Potential 

Hydrofluorocarbons (Jun 2016) (E.O. 13693). 

_ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration 

Equipment and Air Conditioners (Jun 2016) (E.O. 13693). 

_ (41) (i) 52.223-13, Acquisition of EPEAT@-Rcgistcrcd Imaging Equipment (Jun 2014) 

(E.O.s 13423 and 13514). 

_ (ii) Alternate I (Oct 2015) of 52.223-13. 

_ (42) (i) 52.223-14, Acquisition ofEPEAT®-Registered Televisions (Jun 2014) (E.O.s 

13423 and 13514). 

(11) Alternate I (Jun 2014) of52.223-14. 

_ ( 43) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) 

( 42 u.s.c. 8259b). 

_ (44) (i) 52.223-16, Acquisition ofEPEAT'.B:·-Registered Personal Computer Products 

(Oct 2015) (E.O.s 13423 and 13514). 

(ii) Alternate I (Jun 2014) of52.223-16. 

24 
9523ZY-23-C-0023 

X ( 45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While 

Driving (Jun 2020) (E.O. 13513). 

_ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

(47) 52.223-21, Foams (Jun 2016) (E.0. 13693). 

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

_ (ii) Alternate I (Jan 2017) of52.224-3. 

_ (49) 52.225-L Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). 

_ (50) (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, 

\9U.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 111 (May 2014) of 52.225-3. 

(51) 52.225-5, Trade Agreements (Oct 2019) (I 9 U.S.C. 2501, et seq., 

19U.S.C. 3301 note). 

_ (52) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, 

proclamations, and statutes administered by the Office of Foreign Assets Control of the 

Department of the Treasury). 

_ (53) 52.225-26, Contractors Performing Private Security Functions Outside the 

United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act 

for Fiscal Year 2008; 10 U.S.C. 2302 Note). 

_ (54) 52.226-4, Notice of Disaster or Emergency Arca Set-Aside (Nov 2007) 

( 42 u.s.c. 5150). 

_ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area 

(Nov 2007) (42 U.S.C. 5150). 

_ (56) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). 

_ (57) 52.232-29, Terms for Financing of Purchases ofCommercial Items (Feb 2002) 

(41 U.S.C.4505, 10 U.S.C.2307(!)). 

_ (58) 52.232-30, Installment Payments for Commercial Items (Jan 2017) 

(41 U.S.C.4505, 10 U.S.C.2307(t)). 

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award 

Management (Oct2018) (31 U.S.C. 3332). 

_ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award 

Management (Jul 2013) (31 U.S.C.3332). 

_ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). 

_ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

_ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) 

(15 U.S.C. 637(d)(l3)) 

_ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels 

(Feb 2006) (46 U.S.C. Appx. 124\(b) and 10 U.S.C. 2631). 

(ii) Alternate I (Apr 2003) of52.247-64. 

_ (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: 

25 
9523ZY-23-C-0023 

[Contracting Qfficer check as appropriate.} 

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

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) 

(29 U.S.C. 206 and 41 U.S.C. chapter 67). 

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price 

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 

41 U.S.C. chapter 67). 

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price 

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

_ (5) 52.222-51. Exemption from Application of the Service Contract Labor Standards 

to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 

2014) (41 U.S.C. chapter 67). 

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards 

to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). 

_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 

13706) 

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 

2020) (42 u.s.c. 1792). 

(d) Comptroller General Examination of Record. The Contractor shall comply with the 

provisions of this paragraph (d) if this contract was awarded using other than scaled bid, is in 

excess of the simplified acquisition threshold, as defined in FAR 2.10 L on the date of award of 

this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. 

(I) 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 afl:er 

any resulting final termination settlement. Records relating to appeals under the disputes clause 

or to litigation or the settlement of claims arismg under or relating to this contract shall be made 

available until such appeals, litigation, or claims arc 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 oflaw. 

(c) (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)(l) 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 (Jun 2020) 

(41 U.S.C. 3509). 

26 
9523ZY-23-C-0023 

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements 

or Statements (Jan 2017) (section 743 of Division E, Title VIL 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video 

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(l)(A) of Pub. L 115-232). 

(v) 52.204-27_ Prohibition on a ByteDance Covered Application (Jun 2023) (Section 

102 of Division R of Pub. L 117-328) 

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

and (3)), in all subcontracts that offer further subcontracting opporhmities. If the subcontract 

(except subcontracts to small business concerns) exceeds the applicable threshold specified in 

FAR I 9.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in 

lower tier subcontracts that offer subcontracting opportunities. 

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

(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). 

(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212). 

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) 

(29 U.S.C.793). 

(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212). 

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations 

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) offAR 

clause 52.222-40. 

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) 

(41 U.S.C. chapter 67). 

(xiv) 

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 an<l E.O 

13627). 

(B) Alternate l (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). 

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards 

to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements 

(May 2014) (41 U.S.C. chapter 67). 

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards 

to Contracts for Certain Scrviccs-Rcquircrncnts (May 2014) ( 41 U.S.C. chapter 67). 

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

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

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

13706). 

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the 

United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act 

for Fiscal Year 2008; 10 U.S.C. 2302 Note). 

27 
9523ZY-23-C-0023 

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 

52.226-6. 

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 

(Mar 2023) (31 U.S.C. 3903 and IO U.S.C. 380 I). Flow down required in accordance with 

paragraph (c) of52.232-40. 

(xxiv) 52.24 7-64, 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. 

20. LIST OF ATTACHMENTS 

ATTACHMENT DESCRIPTION 

Attachment A Mandatory Requirements Matrix 

Attachment R List of Exchanges 

Attachment C ICE Data Quality Procedures 

Attachment D Master Service Agreement (MSA) 

Attachment E Schedule 6 

Note: In the event of a conflict between the tcnns and conditions of this contract with 

those of an attachment(s), the terms and conditions of this contract shall control. 

(End of Part II) 

28 
9523ZY-23-C-0023 

ATTACHMENT A 

Mandatory Requirements Matrix 

The following table lists the mandatory system requirements. Please complete the column 

titled Meets Requirement with either a Y (yes) or N (no) if the proposed solution meets the 

stated system requirement. Note that this Matrix describes the mandatory requirements 

which all must be met for the quotation to be considered for award. A response ofN to any 

of the items below will result in removal of the proposal from consideration. 

Note that altering the Matrix to include additional information outside of the Y or N response 

for each item is not acceptable. Only the response Y or N to each of the items in the Matrix 

will be considered. 

ID Requirement 

No. 

I. Required data clements 

• Contract 

• Date

• Time

• Settle

• Last

• Bi<l 

• Ask

• Low 

• High

• Previous

• Volume

• Open Interest

• Symbol 

*Must meet ALL elements to mark "Yes" 

2. The solution shall provide a connection between CFTC and the 

contractor shall be vrn virtual private network ("VPN") or internet 

protocol ("IP") through an AP!, as described in PWS - Section 6, that 

is currently designed and implemented with the Firm Risk software. 

3. The data refresh rate shall not exceed five minute intervals. Faster 

refresh rates arc preferred, but this is the minimum requirement. 

4. Level 1 market data from the Exchanges in Attachment B List of 

Exchanges arc required to be provided through the market data 

pricing feed. 

Meets 

Requirement? 

y 

y 

y 

y 

1 
9523ZY-23-C-0023 

5. The data is required to be provided for each Exchange in Attachment B 

for all market sessions including morning, afternoon, and overnight. 

y 

(End of Attachment A) 

2 
9523ZY-23-C-0023 

ATTACHMENT B 

List of Exchanges 

Market data from the following Exchanges is required: 

Exchan2e Initials Exchan2e Name 

CBT Cl IICAGO BOARD OF TRADE 

CME CIIICAGO MERCANTILE EXCIIANGE 

COMEX COMMODITY EXCHANGE INC. 

DME DUBAI MERCANTILE EXCHANGE 

IFEU ICE FUTURES EUROPE 

IFLL 

ICE FUTURES EUROPE - FINANCIAL PRODUCTS 

DIVISION 

IFLO 

ICE FUTURES EUROPE - EQUITY PRODUCTS 

DIVISION 

IFLX 

ICE FUTURES EUROPE - AGRICULTURAL 

PRODUCTS DIVISION 

IFUS ICE FUTURES U.S. 

MGE MINNEAPOLIS GRAIN EXCHANGE 

NDEX ICE ENDEX FUTURES 

NYMEX NEW YORK MERCANTILE EXCHANGE 

XCBF CBOEFUTURESEXCHANGE 

(Rest of Page Intentionally Left Blank) 

1 
9523ZY-23-C-0023 

ATTACH:vIENT C 

ICE Data Quality Procedures 

I. 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: 

Through our Client Services and SysOps team ICE Data Services maintain 24x7 coverage to 

triage, respond and repair any outages. Each incident will be classified and has a corresponding 

workflow in order to reduce impact and duration. Support is primarily available through our 

email driven case management system. In the event of emergencies customers should call our 

global support centers and speak directly with a support engineer or regional manager for 

escalation as required. For escalations, customers can also reach out to their assigned account 

manager. Notifications arc the primary method used to communicate planned changes, 

emergency maintenance or service disruptions. Notifications cover but are not limited to: 

Service alerts; 

Changes and updates to the service; 

Maintenance notifications; and 

Enhancements to the service. 

Notifications arc published via email and arc distributed to the email addresses that have been 

registered by customers to receive these notifications. 

2. How the contractor informs the customer (e.g., the agency) when market data from any 

source exchange is potentially inaccurate, incomplete, or missing: 

Same process as number I above. 

3. How the contractor identifies potential issues (i.e., inaccurate, incomplete, or missing 

data) with market data from any exchange listed in Attachment B: 

ICE Data Services Consolidated Feed has multiple data quality mechanisms to ensure data 

within the product is lit-to-purpose. Some of the most important include the following 

dimensions: 

Real-Time Content - monitoring tools are in place to detect source-specific issues with the realtime pricing content, both in terms of update rates and data quality. A specific example of 

update rates is that the monitoring tools will alert if updates are not received for an exchange 

within a time window. A specific example of data quality is detection and remediation of L2 

crossed ordcrbooks. 

Reference Content - a suite of daily reference data scans are performed to ensure completeness 

and timeliness of reference data for new listings, instmment changes. and deli stings. Reports are 

actioned by a 24x5.5 reference data team. The team also monitor and respond to any customer 

data challenges as they arise. 

1 
9523ZY-23-C-0023 

Change Control - as exchanges modify content within their vendor feeds, the Consolidated Feed 

Ticker Plant evolves to accommodate these changes. The Consolidated Feed QA Team employs 

are large suite of regression tests for any of these changes, ensuring consistent high quality 

through implementation of the changes. 

4. How the contractor escalates and resolves issues (i.e., inaccurate, incomplete, or missing 

market data) from any exchange listed in Attachment B. 

Once ICE Data Services becomes aware of a production impacting event and the event has been 

verified, notification will be sent to customers via email. ICE will send email notifications to a 

list of contacts supplied by the customer and has severity specific communication standards for 

each severity level. All incidents and bugs are categorized on a scale of Severity 1 to 5. Our 

SysOps team perfonn an analysis to determine the impact and urgency of a particular issue 

which informs the priority and severity. Criteria include the application criticality, population of 

users affected, service impact (including resiliency options). The team continually review the 

categorization, and take input from out client services and account management teams to ensure 

that client impact is suitably represented. Each level of Severity has a workflow and alerting 

mechanism to ensure awareness and timely resolution. 

Details can be found in ICE Data Services Support Overview Guide.pdf Section I.4. 

1.4 INCIDENT SEVERITY & RELATED COMMUNICATIONS 

The table below defines incident seventy levels and ideal contact methods for each severity type 

Once ICE Data Services becomes aware of a production impacting event and the event has been verified, 

not1f1cation will be sent to customers via email. ICE Data Services will send email noM1cat1ons lo the list of 

contacts supplied by the customer Customers are responsible for ensunng that their contact information In 

our notifications database is appropriately maintained During Severity 1 & Severity 2 incidents we remain 

committed to providing timely updates on a regular basis until lhe issue Is resolved 

A failure to meet the response Imes shall in no event constitute a breacl7 of any agreement between ICE 

Data Services and the client Please note thal ICI:: Data Services cannot commit to spec1fIc resolutlon times 

for future 1nc1dents since the nature of any such future 1ncK:Jent Is 1mposs1ble to predict. 

1 4.1 INCIDENT SEVERITY DESCRIPTIONS 

Severity Level Definition Contact Method for 

Customers 

SEV 1: Ari error or iaIlure which materially impacts the A phone call 

Business Critical primary function of the business. prevents all followed by an email 

Failures useful work from being dD11e or which disables to support 

major functions from being performed would 

include but no1 be lImIted to· Severe dalJ 

qunlIty issue (missing or incomplete datn 

incorrect or untimely data), outage or slowdown 

(caused by hardware. soft,iare or network 

failures) 

SEV 2: An error or failure which ma1er1Jlly impacts An email followed by 

Business Defee! with service performance but which does nol a phone call to 

a work-around prevent all useful work from bemg done or does support 

not disable maIor funcbons from being 

pertormed and can be temporarily be fixed with 

a work around 

SEV 3: Errors or non-conformity to spec,1Icatmns that An email to support 

Non-Severity do not materially impact service performance 

Non-material Error 

2 
9523ZY-23-C-0023 

1.4.2 INCIDENT SEVERITY ACKNOWLDGEMENT AND RESPONSE 

Severity Telephone Email. Update Frequency 

Level Acknowledgement 

and Assignment 

SEV1 Issue logged promptly 60 Minutes Updates every 60 

following telephone call minutes or as 

otherwise agreed with 

customer 

SEV2 Issue logged promplly 

follow,ng telephone call 

60 Minutes Updates every 4 

hours or as otherwise 

agreed with customer 

SEV3 Issue logged prompUy 60 Minutes Updates daily or as 

following telephone call otherw,se agreed with 

customer 

'Above response times are ior pnmary hours only (6:00 PM EST Sunday through 7·00 PM EST Friday) 

Outside of these hours all severity IncIdents must be reported via telephone 

1.4.3 RESOLUTION 

As lhe resolution to 8 service Inc1dent or Inlerrup11ons may vary, ICE ala Services cannot place a 

guarantee on recovery times During the incident. commercially reasonable efforts will be used 

towards recovery, unt,I severity and/or pnor~y has changed 

(Rest of Page Intentionally Left Blank) 

3 
9523ZY-23-C-0023 

ATTACHMENT D 

!\1ASTER SERVICES AGREEMENT 

Cover Sheet 

Date: September __, 2014 

----------~~---------~----------~-----------~ Vendor Licensee 

-~I~N~T~E~R~A~C~T~IV~'~'~D~A0T,~A~C~(~lR=PO=R~A~T~IO~N~---t-COMMOD_IT_Y fUTURES TRADING COMMISSIQ~ 

Address for Legal Notices:· 'ITss·llit St~~et, NW I 

Washington DC 20581 

Attn: 

Fai.:similc: 

.-------------------

~-~~~-+~~- --- Address for Invoices: 1155 21st Street, NW I 

Washington DC 20581 

Attn: ~~~-~~~--j------ -------·· 

Email for Legal Notices 

! Pursuant to Section 14(b) 1 

,---------;:::··· .. ----- --- , j. --~ 

• Email address to notify 

Vendo1· ofC)rnnge of 

, Service Deliverv Address 2 

: __ __j_ _____ - ___,!_______ -· ·- -

j 

l) Agre_emi.cn1 Constructwu: 

a) This \'laster Service~ Agreement Covt:r Sheet, along with the General Terms and Conditions of Service attuched 

hereto as Exhibit I and incorporated herein (collectively, lhe "Agreement") is entered into between Vendor and 

Licensee as of the date set forth above. Certain types of Data and Services provided by Vendor ll.nd/or its Afliliates 

have different requirements that govern sud1 Data an<l Services (e.g., real-time dat<1, hosted wlutions, etc.). In the 

event Licensee elects to receive such Services, Licensee shall be subject to the relev<1nt Specific forms and 

Conditions. In the event of any inconsi~tency between the terms of this Agreement and any other instrument entered 

into pursuant to this Agreement, then the order of interp1·etation shall be as follows: (1) S.:hedules; (2) Addcndc1 to 

Specific Terms and Conditions; (3) Specific Terms and Conditiom: and (4) Master Services Agreement Cover 

Sheet/General Tcm1s and Conditions. 

b) Vendor 01· its Affiliates may provide Licensee or its Affiliates with ce11ain Services, for consideration, as described 

in the Schedules exr:cuted from time to time pursuc1nt to this Agreement. Each Schedule shall con~titute a separate 

agreement between lhe parties executing such Schedule and each such Schedule shall be subject \o all of the term~ 

and wnditions of this Agreement. 

c) For purposes of any document enteri;:d into by an Affiliate of Vendor or Licensee in connection herewith, the terms 

"Vendor" and "Lici;:nsee" as used throughout thi~ Agreement shall mean the Affiliatts of Vendor and Licensee. 

respectively, tliat have entered into the relevant document. 

IN WITNESS WIIERCOL the parties have executed this Agreement as of the date first set forth above. 

INT{ti)(sJ° ---- ·- - • - • 

By 

Prin 

Titlt 

·Address for Notices: 32 Crosby Orive 

Bedford, MA 01730 

____ -------~A0t._~n:__Le_g_a_L~~art~-~!1 .. 

Facsimile: 1.781.687.8005 

, TRAOl'.'JG COMMISSION 

Print : 

1 Jntcrnc(ivc D<1ta n:co1rnrn.:nds cstabl1,llmg ~ Yendor-spccil]c mrnlbox lor receipt ofnot1ccs, in lieu ol"idenli(ying a named individual (e.g., 

idco11olice.efji);ryzco. mm). 

2 J.iccn~ee nrns1 advise Vendor of any change 1n tl1c locatio11 to w)11c!1 any SnYkc is Ue)iven:J, as this may affccl sales taxmion 

Interactive Data 
9523ZY-23-C-0023 

ATTACHMENT D 

EXHIBIT I 

GF.NERAL TERMS A."11D CONDITIONS OF SERVICE 

I) DrJinitLq~. As used in this i\grccmcnt, the terms set fo11h below 

~tw.11 have !he meanings ascribed lo them bclmv 

'"Advis,;1~ _Act" means the Investment Advisers Ac1 of 1940, a;; 

amended. 

"'(\ffiliate" means any entity directly or indirectly contrnlling, 

controlled by or under common control with another entity, where 

"conll'o]" means ownership of mmc than 50% of tile voting stock or 

other equity intc1csts of an entity, or the right lo direct tile 

management of,uch entity. 

"Bad.wards Compatible Cha0ge" means a non-material change (o the 

Servkt:s. including, but not limited to. the addition to the Services of 

new infonnalion, mcssngcs and/or fields using the existing formats of 

the Service, and/01· additional or enhanced Data being made available 

via th;: Se1 vices. 

''C_l_iangc oi'Control" means. wi1)1 respect to any entity: {i) a transfer to a 

smgk entity or group of related entities (whether in a single transc1dion 

or a series of tra11sacl"ions} of more !han fifty percent (50%) of the stock. 

us~cts, or other cquity intc1·ests in an entity. by merger or otherwise; or 

(ii) c1 trdl1;fci- nf the right lo dil'ect tile manag.e111ent of such enlity. 

·'G_Q!nmru.cemenl Date'" the sooner of (i) the dMc any component of 

the Services firs! become al'ailablc IO Licensee under a Sdicdule, or 

{ii) one hund1·ed twenty (120) days from the Effective Date. 

"Cq_nfidentia! _lnfornmtion" 111cans: (i) any business 01· technical 

information of Vendor or Licensee, including, hut nol limited !o. 

rroduct plans. designs, costs, product prices, customer 1i5!s, lists of 

prospects, flnanccs, marketing plans, business opportunities, 

personnel, research, dcvelop111cnt, trnde secrets, know-how or other 

ink!lcctual property; and (ii) the terms of this Agreement The 

existence of this Agreement shall not co11stitt11c Confidential 

Information. 

"Darn'· mcans the information 11nd data contained in the Services. 

''Derived Data'" mca11s rfata created by Licen5ec, ·111 connection with 

I.1ccnscc·s use of the Data as permitted under the terms of any 

applicable Order Schedule, ~s a result of combining, 1,roccssing, 

changing, converting or calcultlting the Data or any ponion the1·eof 

w1(h other data whe1·c the 1·csultant data (i) does not bear resemblance 

to the underlying Data, and ("ii) cmrnot be readily reverse engineered. 

disa~scrnbkd oi- dccumrilcd such that a third~plll'l)' may access the 

Data via !he Derived Datn. 

"Effectivc_Dat(· means the date on wh1cl1 a Schee.Jule commences. 

"Evaluations" shall mean Vendor's good faith opinions or value as to 

what the holder would receive in an ordaly transaction for the 

securities (typically in an instilutinnal round lol po~ition) under 

current market conditions. Ernluations arc dete1·rnincd hased on 

Vendor's propl'ietary moUeb mid methodologies, using 1np11ts such as 

trades. bids, cash now~, loan pcrfOl'mancc data and other relevant 

market. sector. issue. issuer and credit infornmtion lhcn available to 

Vendor (including market information communicntcd to Vendor by 

il~ client,). markel assumptions and broker quotes. 1·.valu·dtions ma; 

not conform tn actual ptll'el1asc or sale prices in the marketplace or to 

information available Hom third parl1cs Valuations hasect on 

different inio!'mation, models, methodologies or assumptions may 

Jiffcr, in some case~ materially, from Vendor's evaluations. 

1•:valuations arc sometimes l'Cfencd to as pllces solely frn 

convenience of n:fercnu. Evaluations do not reprc~cnt an offer lo 

purchase or sell any secul'ity, commodity interest, or any other 

instrnmcnt. Evaluation~ are not based on, or tailorctJ to, any 

individuals particular commodity intercs( or cash market positions or 

01her circumstances or characterislics ofa pw·licular client. 

''f.J2rr.9;.Majeu1·e" means any delay by m1son or circums(ancca he) ond 

either party's control, including, hut not limited (o, acts of cil'il or 

military aLithority, national emergencies, third parly labor U1fficu!(ies, 

flre, flood or other catastrophe, acts of God, tenoris111, insurl'ection, 

war, dots. failure oftrnnsportation or power supply, communications 

olllagc. Internet outage, cyher auack, or pctfonmnr.r. (ill' IRck !hereof) 

of third parties. 

''Intellectual Property Rights'" means patents, inventions, utility 

models, petty patents, trademarks. service marks, trade and service 

names, copyrights, database rights and design rights (whether or nol 

any oi'thcm arc registered. and including applications fo1· registr~tion 

of any of them); rights in know-how, mornl rights, trade sencts and 

rights of confidence; all dghts or forms of protection of a similar 

nature or having similar or equivalent effect to any of thern whicil 

may cxis( anywhere in the world at the date of the Agrcemcm or 

Schedule or in the future. 

·'N..2.1J-Backwards Compatible Ch;:irrg_,;_" means a material change lo 

the Services. 

"Outs.91J1·cing'' shall mean tile practice whereby Licensee or anyone 

acting by, through, or on behalf of Licensee provide:; certain 

infr!l.'itructure and/or operntional processes, including, without 

limitation. software systems or platforms. to a 1hird party in lieu of 

such third party providing such infrastn1eture or processes itself, 

"Scheduls:" means any schedule or order form, however it may be 

titled, executed by Vendor or its Afrlliatc on the one hand, and 

Licensee or its Affiliate on the other hand, which sets fortl1 the 

busines~ terms, as well us any additional terms and cond1tio11s 

gowrning a particular Service. 

"Services"' means the services provided by Vendor or its Affiliates to 

Licensee or its Affiliates as identified in the Schedules, which may 

include, hut are not limited to, Data. hardware, software, Data access, 

selected or bulk deliver) of Data, hosted solution~. contract 

prngramming. consulting, technical ~ssistancc and ~uppor! savices. 

"Te_ui_to1-y'" means the L.S., unless othcl'wise specified in a Selm.Jule. 

"Test Data" means sample ,fata, information 01 5ottwarc. 

"Third Paity Supp!iq" means any third party l'mm time lo lime 

pl'Ovi<iing DMa. content, information, hBrdwarc, software. 

conneclivity or other \crviccs to Vendor and/or its Aft11ialc>. 

including, but not lin1itcd to. stock exchanges, commodi(y exchanges. 

new, pl'oviUers, sollwarc developers, co-location facilities, data 

centers and telecomnmnication~ providcrn. 

"Vendui Inden_!DJtee~ means Vencto1, 11s An11talc~ ,md their 1cspcc(ivc 

Third Party Suppliers, officers, dirccto1·s. eniployccs. agent~ and 

repre~entativcs. 

a) Vcndo1· herchy grnnts Licensee a limit~d, non-eAclusivc, 

non-transferable license to use Services as set forth in the applic~hle 

Schedule, solely within the Territory. \Jnlcss otherwise set to11h in 

the Schedule. Licensee may use the Scl'viccs solely for its internal 11sc 
9523ZY-23-C-0023 

ATTACHMENT D 

in the department/business unit identified in the Schedule. 'm 

conjtinction with !he specifo: applicution/business use identitkd in 

the Schedule. Licensee acknowledges that certain Services m1dlol' 

Data may be provided on Vendor's behalf by an Affiliate of Vendor 

Except as otherwise ~et fonh in a Schedule. Licensee is expressly 

prohibited from using the Data (o creulc or assist in the nc<1lion of 

any index. Vendor reserves the right to add, dekte or modify all or 

any portion of the Services at any time 

b) Unless otherwise expressly set fo11h in a Schedule, 

Uccnsee shall not: 

i) provide the Data lo, or use the data on behalf of, any 

Affiliate of Licen~ec; 

ii) providc any Daw to ,my third party for use in any 

liligatiou, arbitration, mediation or similar purpose; 

iii) ll~e the Data to provide Outsourcing services to any 

third party; 

iv) provide the Data to ;i third pa11y perfo1ming services 

for Licen~et: on an outsourced basis, wiihout the prior written 

llpproval from Vendor or the applicable Affiliate of Vendor in 

each ca~c, which approval may be subject to additional terms 

ami rnnditions and additional fees: 01· 

v) mfolributc ;ill or any po1tion of tile Services 

(rcdistributors are required to e;,;ccutc a Redistribution 

/\ddendum). 

c) The manner of Licensei:'s use and display of the Services 

shall. in each case, be subject to the written approval of Vendor prior 

to lhi: milial d·1splay thereof and with respect to any material revisions 

or cnlrnncements thereof. If the nature of Licensee's scrvkc 

materially drnnges, including ii" (he service mctges or is combined 

with \H" linked to another service or product, Licensee shall prO\·ide 

Vt:nJor with at least ninety (90) days' prior written fl(lticc and 

Vo.:ndor shall have the right to terminate the applicable Schedule or to 

prohibit distribution or the Services via such moJ11icd product or 

service. 

(1) Licensee shall rnaintain adequate security precautions. 

consistent with then-current industry standards, to avoid all 

unauthorizo.:d aec(;SS lo or distribution of (be Services, induding, 

among other things, the use ofa secure server and prntectiv.: firewalls 

and passwords uscrids. 

e} Any rights not expressly granted ht:rcin or in a Schedule are 

l'eserved by Vendor. 

a) All foes ~cl forth on the Schedules shall be due and p,iyablc 

within thirty (30) days of receipt of Vendor's invoice thncfor. 

without set off. Lnless otherwise set forth in a Scheduk, foes shall 

begin to accrue as of the Commencement Date. Without limiting any 

olher rights or remedies of Vendor hereunder, in the event l ,icensce fails 

lo fulfill its payment oblig,nions, Vcndot· re~ervcs the right 10 su,1ri:nd 

the Services without f1111hcr notice. 

bl NotwJthsurnding nny nlher /Jl"ov1s1on or lhi, Agrc1:m.:11t, 

Vcndol' reserves the righl to pass through lo Liccn~cc any Third Party 

Supplier change in cost, provided that Vendor slrnll us.: comme1cially 

reasonable efforts to give Licensee as much advanced written notice 

of such ~hangc in cost as is reasonably practicable. In 1hc event H 

·i l1ird Party Supplkr 0f Data increases its l"c·~s, Liccns~c may 

tnminate the applicable Data wiH1 as much notice as is 1·casonably 

prncticahlc 

In addition to lhc foes, if applicable, Licensee shall pay all applicable 

taxe~, rclaiing to the Scrvlccs provided hereunder, cxdusivc of laxes 

based on Vendor's net income, prnvided that any and all such !axes 

,hall bt paid lo the Vendor and nut lo slate ur lo~,d grwcrnments or 

other third parti.:s. Failure by Li.:cnsee to fulfill its paymi:nl 

obligation~ when due ~hall constitu1c a material breach hereunder 

•l) _J'erm and TerJ!l.inmion. 

a) fhis Agreement shall commence as o!'thc date written above 

and shull ~ontmuc in effect thereafter for as long as any Schdu!c 

entered into pursuant to this Agreement rc111:iins in effect. 

b) Each S1:hedule shall remain in effect for the initial term only 

unless renewed by agreement of the part ks. 

c) Either pa11y may !t'rrninate this Agreement or a Schedule with 

immediate effect in the e\·ent of a material breach by thi: 0t\1er party 

which remains uncured for a p~riod of thirty (30) days after rcc<'ipt of 

notice of default (lifieen (15) days for payment dc/itults). 

d) Eithe1· party may tcrrninalc this Agreement immediately in 

the event that the other party makes any assignment fol' the benefit of 

creditors, fiks a petition under the bankrnptcy laws of any 

jurisdiction, is the subject or an involuntary petition under lhc 

bankruptcy laws of any jurisdiction which has not been dismis~cd 

within sixty (60) 1.fays after filing. has appointed a (rustee or receiver 

fo1 its property 01· business, is adjudicated bankrupt or insolvent or 

admits in ,1riting its inability to p<1y debts as they become due 01 it~ 

balance sheet insolvency. JfVcndu1· ha~ !he right to terminate under 

this Section 5(d), Vendor may suspend any or all of the Services 

without p1ejudice to a11y further right or remedy Vendor may have. 

1:) L'pon termination of a S1:h.:dulc or of I,icenscc's license tu 

usc the Services, Liccmt:c will cc<1se HII use of the Services and 

prnmptly delete or destroy all copies it may have of the Dal!\ and any 

software or security keys Licensee may have re~eived from Vendor, 

except to th.: extent Licensee is required to retain po111011s of1l1c Datu 

for regulatory compliance purposes. Upon Vendor's request, 

Licensee shall produce wrilten cei-titication that the Datn and 

software have been purged from Licensee's compu[cr ~ystems, and thHl 

all copies or portions thereot~ along with any security key~. have been 

destroyed. 

5) tJ9 WARRAl\'TlES· LI\11TATION OF LIABILITY. 

a) VENDOI<., ITS AffIL/ATES /1.ND THEIR RLSPf:CTIVF. 

TIIIRD PARTY SUPPLIERS HEREBY EXPRESSLY DISCLAIM 

ANY AND ALL REPRESENTAJ"!ONS AND WARRANTIES OF 

EVERY KIND, EXPRESS AND/OR /JVll'LJJ•:D, JNl'UJlJINU 

WITHOUT UMJTATION ANY WARRANTIES OF 

J'vlERCl IANTABIL/TY, FITNESS FOR A PARTICULAR 

PURPOSE OR USC, TITLE OR NON-lNFRJNGEMENT. ,\S TO 

Tl!E SERVICES, INCLLLJINU TJ-!E !NFORMATION, DATA, 

SOFTWARE, APPLICATIONS OR PRODUCTS CONTAINED 

THERF.fN OR THE RESULTS OHTAINED nv Tiff.JR L;S[, AND 

AS TO THE PERFORMANCE THEREOF NElTHl'.R VENDOR, 

l'IS AFFILIATES NOR THEIR RESPECTIVE Tl-llRD PARTY 

SUPPLIERS GUARANTLE Tl!E ADl!QUACY, ACCURACY, 

TIMELINESS OR COMPLETENESS OF J'HC SERVICES OJ{ 

ANY COMPONENT ·rl-lERI-DI-'. 

b) VE>JDOR, I rs AFFILIATES AND THUR RESPECTJVI' 

THIRD l'ARJ'Y SL:Pl'LILRS SIIALL NOT l)E S!JBJE('TTO A~Y 

DNv!AGl'S OR LIABILITY FOR /1.l\Y ERJWRS, OMISSIONS. 

JNJ'ERJ{l_;P'J"/O:"JS, MALl'lfNCTIONS OR DELAYS IN I 1-11: 

SERV!n:s. TIIE SERVICES AND ALL CO/V1P0:,,.)l--,". rs 

Tl !EREOF ARE PROVJJ)ED ON AN '·AS IS" BASIS AND 

LICENSEE'S USE OF THE SERVICES IS AT LICENSLL:'S O\l/N 

RISK. f'URTHER, VENDOR, JTS A.FFILIAfES AND TIJUR 

RESPECTIVE T! !IR.D PAR l Y SUPPLIERS SHALL t,,,'OT Bl: 

LIABLE FOR ANY CLAIMS AGA!l\ST LICENSEE BY TlllRIJ 

2 
9523ZY-23-C-0023 

ATTACHMENT D 

PARTIES. EXCEPT IN CONNECTION WITH VENDOR'S 

[NDEMNIFICt\TlON OBI .JGAT!Ol\'S HEREUND[]l. 

c) NOTWITl!STANDJNG ANYTHING TO THI.•, 

CONTRARY IN TllJS AGREEMENT IN NO EVENT 

Wlli\TSOEVER SHALL VENDOR, ITS Al-'FILJATES OR THEIR 

Tl11RD PARTY SUl'l'L!ERS BL J.JABLE FOR ANY SPECIAL 

!ND!RH'T, INCIDENTAL, PUNITlVF'. OR COI\JSFQ\JEi\iTIAL 

DAMAGES. JNCl,UD!NG, BUT NOT LIJV11TED TO, LOSS Of 

PROFITS, LOST T!ME OR GOODWILL. EVEN !P Tl ILY HAVE 

BF.E:,J ADVISU) Of THE POSSIBILITY Of SUCH DAMAGES, 

Wl IETJJER JN CONTRACT, TORT (JNC!JJDINU l\'EGLIGENCI~) 

OR OTHERWISE. 

d) WITHOUT J,!MITING 'J'l!E PROVISIONS OF SECTION 

S(a)-(c) ABOVE, IN NO EVENT S!-:IALL Tl II'. MAXIMUM 

CUMt;LATIVE I.IARILITY or VENDOR, ITS AFFILJATES, OR 

THEIR RESl'ECT[Vf! TJIIRD P/\RTY SUPl'UERS IN 

CONNECTION W!Tll T/IE SERV[CES AND/OR THIS 

AGREfC:ME'\JT, RhGARllLl1SS OF THE FOR/v1 OF ACTIOK, 

EXCEED THE MONTHLY RLCURR!NO FEES PAID GY 

LICENSEE l!NJJU-Z TIIE AJ'PLJCABLE SC! IEDU LE FOR THE 

SERVIC/1 !N QUESTJON FOR Tl-IE MOST RECENT MONTI! 

PRIOR ]'() THE TJMF SUC!I I .!AHILITY AROSE, EXCLU)!N(, 

ONE-TIME Fl:cs. THIRD PARTY SUPPLIER F[E~. THIRD 

1'1\RTY !IARD\1/ARE PtJRC!-!ASE FF.ES A;,..; □ TAXES. 

c) LICENSEE ACKNOW!.l'DGES AND AGREES THAT 

Tl-IE SERVICES ARF: NOT INTENDED TO SUl'l'L'I' 

F!NAt"iCJAL, ACCOUNTING, TAX, COMMODITY TRADil\'G, 

OR LEGAL ADVICE, OR ADVICE R!::GARDIN(i T!-JE FUTURE 

VALUE, OI{ SUITABJlHY OF ANY l'ARTIOJLAR SECUR!TY, 

COMMODITY INTER.EST, TRANSACT[Oi\, INVESTMENT OR 

JNVEST!v!E'\'T STRATEGY. LJCJ·:NSEE ACKNOWLEDGES 

AND AGREES Tl-lAT TIii, USE OF 'll!I•: SERVICES, AND ANY 

DJTIS!ONS MADE IN REIJANCE !JPON THE Sf.RVJG'.S, ARE 

MAnE AT LICENSEE'S OWN RISK. 

t) ANY STATED LIMIT/tTIONS ON UABJL!TY SET 

FORl'II llEREIN. !N ·mE RELEVANT SPECIFIC TERMS AND 

CONDITIONS OR !N ANY ArlDENDU.1

Vl, SCHEDULE OR 

OTJ !U~ !'\JS l'RlJMENT, SHALL NCrJ RE! JEVE V/.,NDOR fROlvl 

ANY ll.ESPONS!ll!LITY OR I ,IAB!LITY VENDOR MAY HAVE 

UNDER STATE OR FEDERAL STATIJTES. 

6) Vcnd_\lI !ndcmnifl_cation 

a) Licensee acknowledges that. (i) portions of the Data, 

informiltion and other components of the Sct·vices arc provided to 

Vendor hy t/1c Thit·d Party Suppliers; and (ii) all lntellecwal Property 

Right~ in t11e Services are tile property of Vcn<l(1r, its ,\fliliatcs. the 

Third Party Supplins or othet' third party liccnsors, and nothing 

conlained herein shall he c0nstrucd so as to transfer any such rights (o 

Licensee, 

h) If any actio11 is in:;titutcd against l.icensee alleging that the 

Service~ (other than llll)' portion of the Senices covered in Section 

7(d)}, or a portion thereof, infringe upon a United S(atcs patent, 

copyright or trademark of a third party, Vendor will indemnify 

Licensee from and against such claim and will pay all costs and 

da111agcs attt'ihutcct to such claim; provided that: 

(i) Vendor. al its option. shall h~ve sole -authority to defend or 

settle such claim: 

(ii) Licensee promptly nmine~ Vendor of suri1 action and gives 

Vendor all information and assistance (at Vendor'~ expense) 

nece~sary to defend or se!tlc such claim; 

(iii) such cl~im docs not arise out or (he un.iuthorir.ed use or 

modification of (he Services, the combinalion of all or pm1 of 

the Service with dMa, products or technology no( supplied by 

Vendor or use ofa vcrsinn of the Services other than the most 

recent version; and 

(iv) any costs for which Licensee seeks intlenmifica.lion were 

incurred 1vith V cndor's prior written autlmri7ation. 

c) If such claim ha~ occun-ed, or in Vendor's opinion is likely to 

occur, Vendor may, at its election and expense, either obt11in for 

!.iccnscc the right lo continue using the Services at isouc, or replace or 

modify the same so (hey become non-infringing; provided. that, if none 

or the foregoing alternatives are 1casonably prnclicablc. as determined 

by Vendor in its sole discretion, Licensee shall discontinue use or the 

affected Services (which may be removed by Vcndrn· at its option) and 

receive a prorated refond of any prep,iid fees for such Services. 

d) Notwithstanding anything set forth in :'-iection 7(b), !o the 

extent any portion or the allegedly infringing Services 1s obtained 

from a Third Party Supplier, Vendo1·'s indemnification obligations 

under this Section 7 shall he: (i) contingent upon Vcndur receiving 

indemnity f1'{lm the relevant Third Party Supplier: and (ii) li111ited by 

th<o amount Vendo1· recovers from the relevant Third Party Supplier in 

proportion 10 other claims (actual or potential) a1·ising out of the 

alleged infringement. 

e) This Section 7 set~ forth the entire warranty by Vendor and 

the c:,,.elusive remedy of Licensee against V cndor for patent. 

copyright or mhcr prnpriewy right infringement. 

7) Confidential lr_1Jlmnatim_1. 

a) Fad1 party shall pn:~crve the Conndcntial !nJormation or 

(Ot pertaining to) the other party and will not disclose any 

Confidential Information to any third party without the prior written 

consent of the othe1· party, except if required by law, rnlc, regulation, 

rcgulalOI)' request or judicial order, provided !hat, unless prohibited 

by applicable law, the party disclosing Confidential Jni'orma11on 

under such circurnsta11ccs shall give the other party reasonable notice 

and a t'ea~onablc oppo1tunity to protect its interests in the 

Confidential Information prim to making such disdo~urc. 

h) Neither party shall be liable fur the disclosure of any 

Confidential Information that: (i) b i11 the public domain at the lime 

of disclosme: (ii) was in the possession ofnr demonstrably known hy 

~ party prior to its receipt from the other; (iii) is independently 

developed by '.I party withou1 use of any Confidential lnform.it'ion 

provided by the other; or (iv) becmncs kno\Vn lo a party frorn a 

source other than (he 01hc1 pa11y withou( breacl1 of the ilrst pBrty's 

oblie,31ions under this Agreement. Ucensee agree~ that Vendor':; 

lfoclosure !o Third Party Supplkrs of (x) the existence of this 

Agreement and/ur (y) the tci-ms and conditions govci-'1ing !he 

~vai!ability of the Data to Licensee und/ot' ih dicnls, a~ fpplkable, 

shall not constitute a breach of the confidentiality pro1·isions of (his 

/\grecmcnt to the extent such disclosures arc made by Vendor to 

~atisfy Vendor's ohligations under its agreemcnls wicb ~11ch Third 

Party Suppliers. 

c) Uccnsce expressly acknuwlcdges that the Services are 

prepared by Vendor and/or the Third l'a11y Suppliers ihrough the 

application of methods and standards of jt1dgmcnt developed aml 

applied through the expenditure or substantial lime. effort and 

money. Licensee acknowledges that (.he Services contain trade secl'cts 

and proprietary data and !hat nothing m 1h1s Agreement shall be 

construed lo convey ,my title o:· ownership rights in (he Services or 

~ny portion thereof lo L1ccr1sce. Licensee shall honor and cornpiy 

with all rca~onablc requests to pn1tcct the contnictual, sllllt1lory and 

common law 1·igh!s of Vendor and the Third Pany Supplicl's in the 

.1 
9523ZY-23-C-0023 

ATTACHMENT D 

Snviccs an·d shall promptly notif)' Vendor or any potential or actual 

infringement of such rights. 

8) Third Partv Supplicr~. 

a) Thi~ Agrccmcnl b subjccl to lhc rcquircmcnts and policies 

of the applicable Third Pmty Suppliers which m,1y bt: imposed by 

.such Third Party Suppliers from time lo lime. Vendor ~hall p1ov11.k 

notificution to Licensee of such requirements to the extent it has 

received such notification from the applicabk Third Party Supplier 

and Licensee agrees to comply with such applicable Third Party 

Supplier requirement. In the event Licensee does not agree to any 

~uch Third Party Supplier requirement change or imposition. 

Licensee may terminate the Third Party Supplier's Dat;i with as much 

notice as reasonably prndicabk. Neither Vc11dor nor any Affiliate~ 

shall bear any responsibility fo1· any fccs or other requiremcnb that 

nrny be imposed on Licensee by an) Third Party Supplier_ except as 

otherwise expressly specified in a Schedule. 

b) Licensee acknowledges that \1) access w some Data may be 

subject lo the appwval of the Third Party Supplier which provides the 

Datu, and (ii) Vwdor may nol be able to supply such Da\a until such 

dpprnval is granted. Licensee further acknov,·lcdgcs tlmt it muy be 

required lo enter into and maintain direct agreements (including the 

payment of licensing fees) with thc Third l'm"(y Supplll'r~ for the 

receipt or certain Data from Vendor Where irny Third Party Supplier 

1·equires Licensee to enter into an agt'eemcnt directly with the Third 

Pai1y Supplier in respect of the Services or the Data, Licensee shall, 

upon wrilli:n request of Vendor, supply a copy or such agreement to 

Vendor, and Vendor shall not be obligated to provide the Service 

until it receives thc applicable agreement or conflrmai1011 from the 

relevant Third Party Supplier (hat Licensee is duly licensed. In 

addition. in the event of any termination Df Licensee's agreement 

with the Third !'arty Supplier. Licensee shall notify Vendrn· 

immediately and Vendm may suspend or terminate ~ccess lo the 

relevant Data. 

e) Vendor's ability to grant Licensee rights 1-elat111g to the 

Services is contingent upon all rights, titles, licenses, pc1missions and 

approvals obtained by Vendor from its Third Party Supplie1·s 

pcn,1ining to the Services remaining in full force and effect. In the 

evcnt that certain of Vendor's rights_. tilks, licenses, permis~ions or 

appwvals pcrtaining lo the Services from its Third Party Suppliers 

arc altered, cancelled, tenninatcd, rescinded or not rencwc1.L 

I.icensce'; righis to use the affected portions of the Services muy be 

st1bjecl to change 0t' termination, shall not constitute a brrnch hy 

Vendor of ,my of its obligations l1ereunder or undn the applicahlc 

Schedule. further, if a Third Party Provider d-:tcrrnines for any 

rea~on to alter or discontinue offering or providing the Services or a 

poition thereof. Vcndor may ultcr or tenninat~ that portion of the 

Services tlrnt relates to such disconttnuancc, and neither Vendor nor 

the applicl1ble Third Party Supplier shall have any liability other thim 

for Vendor to make a pro-rata refund to Licensee of any fees that 

hl!vc been p1cpait!. 

d) Vendor may discontinue provision of Data hereunder_ 

without notke, whenc:ver the terms of its agreements with the 

c1ppl1c,1hk Third Party Supμlkrs requii·e such discon!inuuncc Jn 

addition, in the event Vcmk•r's rights. title~, licenses, permission~ or 

apprnvals pertaining to the Data are cancelled, tt:rminated, rescmdctl 

or not renewed, Licensee's and, w; upplirnblc, it> clients' 1ighb to use 

1he atkctecl ronrons of the Data shall automatically tcrniinate, 1\hich 

li:rrniniltion shall not constitu!e a breach hy Vcndo1 of any of its 

obligations hereunde1·. 

c) In addition to the foes payabk hy Licensee to Vendor as set 

fo11h in an applicable Order Schedule, Licensee shall be responsible 

fo1· lh..: payment of all applicable Third Paiiy Supplier of IJata (e.g. 

exchanges) fees that arc billed either to Vendor or Uircctly to 

Licensei: by the Third Party Suppliers Dnta that result l'rom 

Licensee'~ use of the Services, togc1l1er with any related 

ad111ini~trative costs of Vendor Vendor shall \!SC reasonable efforts 

to notify Licensee of such Third !'arty Supplier change in cos! nr 

imposition of new fees with as much notice as reasonably prncticalile, 

and Licensee may terminate the applicable Third Pany Supplier's 

Dal~ with as much notice as reasonably practicable . 

9) Assignment. 

ll) No assignment (and, with respect so!cly tu Vendor':; affiliutc, 

Interactive Data Pricing and Reference Data LLC, as that term is defined 

in the Advisers Act) of a party's rights or obligations under this 

Agreement may be effectuated without the prior written consent of the 

other party, which shall 1101 be unreasonably withhdd, provided that in 

the even! !hat the proposed assignment i~ to a competitor or customer of 

Vendor, Vendor may withhold its consent lo assignment in its sole 

discretion. Notwithstanding the fo1·egoing, Vendor may ,l.'lsign this 

Agreement and any of its rights herc,mdcr to any AHlliatc of Vendor. 

A11y attempt to assign or transfer this Agreement without consent ( where 

required) shall be null and void and constitute a material ddlrnlt 

hcreundcl'. Subject to the foregoing, this Agreement and all instruments 

hereunder shall be binding 11pon the parties hereto and their permitted 

successors and nssigns. 

b) Licensee ;icknowlcdges and agrees that a transler by operation 

or law or othenvise of Licensee's interest in this Ag;reemrnt nnd a 

Changc of Control affcc1ing Licensee ,;hall constitute a deemed 

assignment re4uiring Vendors consent. 

10) Notices. 

a) Unless otherwise notified in writing, and except a:; otherwbc 

set fonh herein, notices required under this Ag;recment shall be sent to 

the parties at tile 11otice addresses set tbnh on the cover sheet 10 this 

AgrccmcnL Notices shall be deemed delivered: {i) when delivered 

pt;rso1111lly; (ii) five (5) days after mailing, when sen! ccnified mail, 

po~tagc prepaid, return receipt requested; {iii) one (1) business day 

after dispatch, when sen( via a natiomdly rccogniLed rnmmctcial 

overnight carrier, fees prepaid: or (iv) upon ddivcry when sent by 

facsimile transmission confirmed by first class mail. 

b) Electronic__ Notices. :'lotwithstanding the provisions 01· 

Section 14(a). Licensee hereby agrees that all notices, requc~ts for 

consent, reports, disclosures und other information rcqllircd to be 

provided undcr federal securities laws iuch1ding. without liinitmion, 

delivery of Interactive Datu Pricing and Reference Data l.LC's 

biochurc as reyuired under \he Adviscr·s Act may be dcliwrcd by 

Vendor elcctro11irnl!y. Such communication rnuy be delivered to 

Licensee by any of the following mean~: ( J) b)" emuil lo an emuil 

address provided by Licensee to Vendor; (2) by sending Lice11see an 

email that includes a flyperlink to the address 011 the Internet where 

the information is posted, and can be rcad unJ printcd; und (3) by 

sending Licensee a notice !hat directs Li(;e11sce to ;m adJrc~~ 011 tile 

!11ti:rnct wheie the cornrmmicalion i~ posted am! from which it can be 

read anU printed. Such delivery ohall be d;.:cmcd an cffrclivc delivery 

f(ir the purposes of the !'et.lernl securities laws. including the Advisers 

Act, whether or not Lkcnsec actually accesses or l'eviews the 

communication. Not1vithstnnding J.icensec's consent to electronic 

delivery, Vendor may elect to deliver eomm·,miention, by mhel' 

meilns which studl not affect ouch consent. Licensee shnll notify 

Vendor of any change 10 the email oddress specified for receipt of 

electronic delive:y of documents under this Se-:lion 14(b). Liccn~cc 

may revoke this consent to c!cctrnnk delivery or commimi<:ations at 

any time and receive documents in paper formal within reasonable 

time from rcceipl of such notice by Vendor 

l l) Charige in Services. 

4 
9523ZY-23-C-0023 

ATTACHMENT D 

u} Vendor may from time to time introduce Jfackward~ 

Compatih!e Changes to the Services without 11oticc to Licensee, 

b) Vendor m!ly in!roducc "'.',,1011-Rackwanls Compatible Changes 

!O the Scn-i;;cs upon a( least sixty (60) days' prior wr·i[ten notice to 

Licensee. 

c) Vendor has the sole discretion lo determine the editorial 

content of the Scrvkes, as applicahlc, which may he changed by Vendor 

frorn time to lime. Licensee shall not make any cdi!NiaL fornialting or 

other changes in the Services unless cxpl'cssly authorized in advance in 

writing by Vendor" Notwithstanding the foregoing, Licensee may, for 

formatting purposes only, include such codes. tags_ instrnctions and 

other technical applications as may be necessary or desirable lo make 

the Services rnmpatiblc with the database strneture, search logic, 01· 

othc1· formatting armngcmerll of Licertsec·s service. 

d} To the extent any changes to the Services result from 

requirements of lhird Party Suppliers or other third parties. Vendor will 

use commercially reasonable dfoits to provide Licensee with as much 

notice as is reasonably practicable under the circumstance,. based on the 

notice received by Vendor in such cases. 

cl Notices of lcclmical chrn1gcs and similar matters 

contemplated herein shall he delivered to Licensee via e-mail Vendor 

recommends tha! Licensee establish a Vendor-specific mailbox for 

1·eccip! of technical noliccs (e.g.. 1d1:oltt·h'd,\JIC11 l:0111), hut in any 

event. Licensee is responsible for providing Vendor with an active 

171ailbox for delivery of technical notices. 

12) Tc~tio" of i\dditional Ser',l(ces. From time to lime Licrnsce 

may desire to lest and evaluate certain additional Services and/or expand 

the scope of a Service lo which Licensee already subscrihcs (cg.. 

increasing the frequency or deli vet)" or recci,,,ing a new Service), Vendor 

is willing to prnvide the Test Data to Licensee a! no charge fol' a limited 

period of time (in nu c'vent to e;,.;cccd thirty (JO) days), in a mut1.1ally 

,,1tisfaclmy form and frequency, provided that'. 

a) Licensee will use the Test Data solely for the purpose of 

evaluating the Test Data and Vendor's Services within Licensee's 

own organization and nol for redistribution to any third party, or for 

any productive purpose. Vendor may. in its sole discretion, 

discontinue providing such Tes[ Data at any time withotrt no(ice. 

h) The Test Data, and the results of ;iny test using the Test 

Data, constitute Proprietary l11forrnation hereunder, and the 

provisionc of Sec!io11s I, 4-9, IO and 15 f1ercof shall apply to the use 

or the Test Dat,1. Lpon Vendor's request and in any event after the 

expiration or termination of the tc~t, Liccmee shall cease all use of 

the Test Dala and purge rhe Tes! Data and any copies thereof from its 

computer system. U' the Test Data is delivered ·m a fixed medium, 

Licensee shall return the Test Data to Vendor or supply a certificate 

of dest!'llction thereof, upon Vendor's req11cst. 

c) !n ccrtuin instat1ces, it may be necessary for the parties to 

execute a Test Agreement with additional terms and conditions 

applicable to the Test Data. 

a) l:'.ntirc_!\gr~emcnl. This Agreement. the Specific Tenn.~ llncl 

Conditions. any mldcnda thereto. and the Schedules constitute the entire 

undcl':;tanding of the parties with respect 10 the Services and suricrsedc 

all p1"io1· or collateral agreemenL~. 01· undcrsrant.iings regarding the 

Service~. No waiver· 01' modification slrnil be vahd or b'1nding unless in 

writing and si!,'11Cd by the pa11y to be cbar-ged thei"ehy 

b) _G_overnipg l.a11·; Jurisdiction. This Agreement shall he. 

governed by and construed in accordance with applicable fcdernl law. 

Any disputes under this Ag1·eemenl shall be brought in either U.S. 

Distri1:t Court for the Dlstr'ict of Columbi~ or the U.S. Court of 

Federal Claims and the pc11"tics hcl'cby cons~ll[ (o the personal 

jurisdiction und venue ofthest courts, 

c} _Prufor.1 Invf!lidi(y. Wherever possible Ille provisions of this 

Agreement shall he interpreted in a manner to be effective and valid 

under applicable !aw, 11ut if probihited or invalid, such provision shall 

only be ineffective to the extent required hy law, without invalidating (lo 

tile extent possihk) the intent of or rcrnl!inder of such 11ro\'ision or other 

prO\·isions. 

d) Headings, Gcn~and N1.Jmher. The headings used herein 

will not ,iffcct the interpretation of thc~e terms and conditions. The 

singula1· shall include the plmal and vice versa, and a reference to one 

gender shall be deemed to be a reference to any gender. 

c) For1:e Majctll'e. Neither party, nor the Third Party 

Supplie1·s, shall be liable for damages or pcnal!ies in the event their 

perfornumcc hereunder is impaired or prevented [L<; a result of events 

of Foice Majeur-c, prnvided that if the event of Force Majeure 

continues for more than three (3) months, either party may caned uny 

affected Service immediately upon written notice to the other pa1·ty. 

fJ W~·. Failure by any party to exercise any right or 

remedy under the Agreement will not signify acceptance or (he event 

giving rise lo such right or 1·cmedy nor will it constitute a v.aivcr of 

such right or remedy. 

g} J_n_Qfficndcnt Cont.rnctoi-s. l\othing in tilts Agreement shall 

be deemed lo create an agency, join! venture or pal'l11crship 

relationship between Licensee and Vendor·. Nci!hcr party shall have 

;wthority to act on behalf of or bind the other party in a11y way. 

h) Complianc_c wi(h Laws. Each pany will comply with all 

applicable international, mitional, state/provincial and local laws, 

regulations, ordinances, and cudcs, including, hu1 not limited to, the 

United States Foreign Corrupt Practices Act and any applicable antibribery laws, and applicable economic or trade sanctions. export 

~ontrol~ and ~ecuri!ies laws. now or hcl'caher in elTec(. 

i) {;_quntcJl)arL,. This Agreement may be signed in counterparts_ 

with the same effect as if the signature on each coun(crparl we1·c upon 

the same ins(rumcnt. 

j) ~b.u_t@. Licensee shall provide Vendor with such 

attributiPn us the source of the Data as Vendor may reasonably 

require from time w time. 

k) Su1:1~1val. Tlw provisions of Sections I, }(c), J(d), 4(c), 5, 6, 

8, I0, 12, I4, 17 :md I,icenscc 's unsatisfied payment obligations shall 

s111·vin any termination or expiration of this Agreement and any 

Schedule. 

I) Vendor Not n Commodity_Trad_ing Advisor. Ncithe1· 

Vendor nm any of Vendor's Affiliates (i) directs client ac~ounts: or 

(ii) provide, co1111110dity trnding iid\-ice lm~ed on. or tailored !o, (he 

commodity intcresl 01· ca.'>h market positions or other cii cum~lm1ccs 

or charac(el'istics of paiticular client~ 

111) Aut_l_lorizcd Ch~rge~ u_ndcr this 1\green1gr.!1 

All other terms and conditions oClhis agreement notwithstanding, 

l,icensec shal I have no ob!igalilln to pay Hie Vendor for any 

additional taxes, l"ccs or any other charges except those specifically 

set forth in a Sch~dulc 11nkss such additional cha1·ges arc approved in 

wnting hy the I ,iccnsec'5 contracting ollker. If such additional 

5 
9523ZY-23-C-0023 

ATTACHMENT D 

c~argcs an:inot approved by the contracting officer, and only lo the 

extent that such additional charges m·e imposed by third pc1rtks not 

controlled by !he Vendor, the Vendor may elect lo terminate the 

contract with reasonable udvarn.:e noli<.:c lo thi: Commodity Futures 

Trading Commission. 

n) The provisions set forth in ailiilattached heretu 

shall be incorpornted herein by reference. 

6 
9523ZY-23-C-0023 ATTACHMENT D 

Amendment :'lrlumb1..·r I to 

Master Services Agreement dated September 2014 

This Amcndmcnl No. I ("Amendment") dalcd as of Scplcmbcr 25. 2018 (the "Amendment Effcclivc Date"') by and 

between Commodity Futures Trading Commission ("Licensee"'), with offices at 1155 21" Street. NW, \Vashington DC 

20581 and IC.I::, Data Services, Inc. (formerly known as lntcracti\'C Data Corporation) ("Vendor'"), with an office at 32 

Crosby Drive, Bedford, MA 0 1730 amends the Master Services Agreement dated September. 2014 (the "Agrr.:cmr.:nt'"). 

Any capitalized term that is not defined herein shall have the meaning ascribed to it in the Agreement. 

\VHEREAS, Licensee and Vendor each des1re to fwther amend the Agreement 111 accordance with the terms set forth m 

this Amendment; 

NOW THF.REFORF., for good and valuable consideration, the receipt ohvhich is hereby acknowledged, the parties agree 

as follows: 

1. In Section 1. the definition of"Commencement Date"' shall be amended and replaced by the following: •·means 

the date as set fi:mh in the applicable Schedule''. 

2. The first paragraph of Section 3(b) of the Agreement shall be amended by replacing it with the following: 

"';\s of the date of this Agreement. Licensee 5tates, that to its knowledge, there are no Third Pa1ty Supplier fees 

for lhc Data that is the subject of the Schedule. In the event a Third Party Supplier attempts to levy a fee for the 

Data received by Licensee under the Schedule, Vendor will refer the matter to Licensee for resolution outside of 

the contract. If a service is interrupted because Licensee and the respective Third Party Supplier are unable to 

reach agreement on the new Third Party Supplier fee for such Data that is either billed directly to Licensee or 

billed to Vendor, Vendor \Vil! not be reqmred to continue furmshing the Data that the Third Party Surplter had 

been providing unless and until the Licensee and such Third Party Supplier have reached agreement on the new 

fees.'' 

3. Section 4(b) of the Agreement shall be amended by replacing it with the following: "Each Schedule shall rcmmn 

in effect for the terms as set forth in the applicable Schedule and the Agreement." 

4. Section 4(d) of the Agreement is deleted in its entirety. 

5. Section 4 (c) of the Agreement shall be amended by replacing it with the following: "Upon tcnnination ofa 

Schedule or of Licensee's license to use the Services. Licensee will cease all use of the Services and promptly 

delete or destroy all copies it may have of the Data and any soft\vare or security keys J.iccnscc may have received 

from Vendor, except to the extent Licensee is required to rctam portions of the Data for regulatory compliance 

purposes. court orders, andior Federal records requirements as required by Federal regulation. Upon Vendor's 

request, Licensee shall produce \Vritten certification that the Data and software have been purged from Licensee's 

computer systems. and that all copies or portions thereof, along with any security keys, have been destroyed. 

6. Scclion 6(b)(ii) shall br.: amended by replacing it v.-ith the following: "Licensee promptly notifies Vendor of such 

action and gives Vendor all information and assistance (at Vendor's expense) ncccssa1y to defend or settle such 

claim unless prohibited by rcdcral law or statute." 

7. Section 8(c) of the Agreement is deleted in its entirety. 

8. Section 10 of the Agreement is amended with respect to providing notice to the Licensee the following shall 

apply: '·Unless otherwise notified in writing in the Agreement, and except as otherwise set fo1th herein, notices 

required under this Agreement shall be sent to Licensee's authorized representative. 

9. The last sentence or Section JJ(a) is amended by adding the following at the end of the sentence: "and 

implemented into the Agreement via bilateral modification." 

Page 1 of 2 
DocuSign Envelope ID: C73E8783-A6A4-4673-80A2-EE6C98B597D3 

9523ZY-23-C-0023 

ATTACHMENT D 

[11 I \cc·;,: .1•. .1:·.c·:1\ts:,i llc'lc'•:':·-. :ill !cTIII·• ,•11ci ~,,:.d ·:,,::, ,,I \;; l'l"!lc"II' 111,,I .• 11,· 1,.,1 :,,.,·,, ,ll'l"Tnl 111 11:<1d1rl,,i l:cn1, 

Ii.iii 1~·::1,·.. 11 .11 :ul! •,•tLc .1 :d ,·tee•,; 

['. \\ I I '\I ', '- \\ •11! iZ 1 ( ) l . I I,,· [',1111 , ... : le I c "· , ,:, ,;, : I I c. ·., I: I j )I , "l'\"I 1 ,. I· <el r , 

\·11c1,i17 cTI l llc,·1·\,· IJ:i·,· 

(_ ommorli1, 1-uturt~ I rarlin1,! ( ommi"ion 

(b)(6) 

Digitally signed by Jerald Jerald NeveleffDate: 2018.09.25 Neveleff _16..3.!1-:05-04'0_0'__ 

CONTRACTING OFFICER l 1 .c 

25-Sep-2018 
9523ZY23C0023 Attachment E 

Schedule No. 6 

Services: Consolidated Feed 

In accordance with the terms and conditions of the Master Services Agreement (the "Agreement") dated as of 

September 25, 2014, between ICE Data Services, Inc. (f/k/a Interactive Data Corporation) {"ICE") with a place of 

business at 32 Crosby Drive, Bedford, MA 01730 and Commodity Futures Trading Commission ("Licensee") with 

an office located at 1155 21st Street, NW, Washington DC 20581, this Schedule ("Schedule No. 6") is made and 

entered into as of August 26, 2023 {the "Effective Date") by and between ICE Data Pricing Reference Data LLC) 

{"Vendor") and Licensee. Vendor agrees to provide Services to Licensee as set forth below commencing on the 

Commencement Date. Capitalized terms used in this Schedule and not otherwise defined in this Schedule shall 

have the meanings ascribed to them in the Agreement. 

1. Services Description: 

(a) Consolidated Feed: a consolidated, low latency global datafeed delivers a wide range of financial market 

data including exchange-based data, contributed data, news, corporate actions, and reference and 

fundamental data. 

(b) Data and Information: Real-time data as outlined in Appendix A. 

(c) Communications and Equipment as set forth below: 

Communications: The Data and Information referenced above shall be delivered to Licensee via Vendor's 

virtual private network (the "VPN"). 

Equipment: N/A 

2. License Grant: Vendor hereby grants to Licensee a non-exclusive, limited, and non-transferable license to 

electronically disseminate and display certain information products and services as described herein, via the 

Approved Product(s) in the Territory (as set forth below in Section 4) pursuant to the terms and conditions set 

forth herein. For the purposes of this Schedule, Authorized Users may use the Services referenced herein. 

"Authorized Users" shall mean employees of Licensee that can access any of the Services for their internal 

business purposes via a password/user ID issued by Licensee. 

3. Description of Approved Product/Use of the Services: 

For the purposes of this Schedule, "Approved Product" shall mean the Licensee product or application that will 

be used in connection with the Services. 

(a) Name of Approved Product(s): The GlobalRisk trading platform. 

(b) Narrative Description of Approved Product: The Approved Product is a third party risk management software 

platform. 

(c) Use of the Services: Licensee will use the Services in connection with evaluating trading risk and exposure. 

The parties acknowledge and agree that the Services shall be used for internal purposes only. 

(d) Licensee cannot include any Vendor product in any other section(s) of the Approved Product without 

Vendor's prior written consent. 

4. Territory: United States 

5. Fees and Charges: 

(a) Fees (Monthly and One-Time): 

One-Time Fees: N/A 

Page 1 of 5 
(ii) Monthly License Fee: 

(iii) VPN Fee: 

(iv) Additional Bandwidth: 

(v) Additional Data and 

Information: 

(vi) Optional Renewal Fees: 

(b)(4) 

(b)(4) )er month (includes: 

(a) up to twenty (25) Authorized Users; and 

(b) up to 1,200 unique symbols for each 15-second interval snap 

request of Level 1 Data. 

(b)(4) ::,er month (includes up to 20MB of bandwidth) 

During the Initial Term, each additional megabyte ("MB") of 

bandwidth which exceeds 20MB will be billed at (b)(4l per month per 

MB. No increase in fees shall be effective unless authorized in 

writing by Licensee's contracting officer. However, Licensee 

acknowledges that if Licensee does NOT so authorize such price 

increase in writing, Licensee may not use in excess of 20MB of 

bandwidth until such time as Licensee has provided such written 

authorization. 

During the Initial Term, each additional market center will be billed 

at(b)(4l per month per market center. No increase in fees shall be 

effective unless authorized in writing by Licensee's contracting 

officer. However, Licensee acknowledges that if Licensee does 

NOT so authorize a third party supplier price increase in writing, 

such Data will be removed from the Services provided hereunder 

until such time as Licensee has provided such written authorization. 

Upon expiration of the Initial Term, in the event the term of this 

Schedule No. 6 is renewed, the fees set forth below shall apply to 

the Services currently referenced herein: 

(b) Payment Terms: Licensee shall pay to Vendor the Monthly Fees as set forth above, every month in 

accordance with the terms and conditions of this Schedule and Agreement. For the purposes of this Schedule 

No. 6, the Commencement Date shall be August 26, 2023 as set forth in the Agreement. 

(c) Usage Reports: N/A 

6. Term/Termination: 

(a) Term: One (1) year from the Commencement Date (the "Initial Term"). 

(b) Renewal Terms: Upon expiration of the Initial Term, this term of this Schedule No. 6 shall renew for additional 

one (1) year periods {each, a "Renewal Term") only upon written notification by Licensee of its desire to initiate 

the renewal, at least thirty (30) days' prior to the end of the then-current term. Upon renewal, Vendor and 

Licensee agree to the monthly fees per Renewal Term as referenced in the table set forth in Section 5(a) {vi) 

above and the Agreement for the current subscription level and Services. Any changes to this Schedule No. 6 

may incur additional fees. 

7. Delivery to Licensee: 

(a) Vendor may, at any time, change the manner of its delivery of the Services to Licensee, provided that Vendor 

Page 2 of 5 
shall use reasonable efforts to give Licensee a period of time to make necessary changes in its system in 

order to process and transmit the Services, such period not to exceed sixty (60) days after receipt by Licensee 

of written notice of such change from Vendor. 

(i) In the event of a "Non-backward Compatible Change", Vendor shall give Licensee at least ninety 

(90) days prior written notice. A "Non-backward Compatible Change" shall be defined as a material 

or major change, which shall include but is not limited to: changes to technical specifications related 

to network protocols or application level protocols, feed format, migration to a new feed or data file 

formats, changes to feed message structures, or changes to the use and interpretation of existing 

messages, where these changes must be implemented to avoid a loss or degradation of service and 

a change to the communications infrastructure is required to support an exchange or source feed. 

This may include any changes that require provisioning of new communication lines, bandwidth or 

any network devices (e.g., routers). 

(ii) In the event of a "Backwards Compatible Change" (as defined in the Agreement), Vendor shall 

give 

Licensee at least fourteen (14) days prior written notice. 

Licensee understands and agrees that a change in the manner of delivery of the Service to Licensee may be 

required by a Third Party Supplier. In such event, Vendor shall notify Licensee of such change as soon as is 

reasonably practicable under the then-current circumstances. Changes to the manner of delivery due to 

Third Party Supplier requirements may result in additional fees to Licensee. No increase in fees shall be 

effective unless authorized in writing by Licensee's contracting officer. However, Licensee acknowledges that 

if Licensee does NOT so authorize a third party supplier price increase in writing, such Data will be removed 

from the Services provided hereunder until such time as Licensee has provided such written authorization. 

(b) Vendor shall have the right, but not the obligation, on at least sixty (60) days prior written notice, to change 

the Vendor Data Specification, provided that any such change shall be made effective generally by Vendor 

to its customers. "Vendor Data Specification" shall mean the confidential specification for the transmission of 

the data and information delivered by Vendor hereunder. Licensee agrees and acknowledges that the Vendor 

Data Specification is Confidential Information and nothing in this Agreement conveys any proprietary rights 

whatsoever to Licensee with regard to the Vendor Data Specification. The Vendor Data Specification is 

provided to the Licensee strictly and solely for the purpose of developing internal computer software to 

receive the Services. Licensee may not use the Vendor Data Specification for any other purpose whatsoever, 

including, but not limited to, the development of systems for the receipt or transmission of computer data. 

Licensee may not give, transmit, or provide access to the Vendor Data Specification to any other third party. 

On any termination of this Schedule No. 6, regardless of cause, Licensee shall promptly return the Vendor 

Data Specification to Vendor and shall provide a written certification by an officer that no copies have been 

retained by Licensee. 

(c) Licensee shall use its best efforts (subject to computer failure, maintenance or transmission problems, or 

other problems outside the reasonable control of Licensee) to incorporate into the Approved Product updates 

to the existing contents of the Services as soon after such updates are received. Licensee shall update the 

Services only with updates received from Vendor. 

8. Replacement and Supersession: 

This Schedule No. 6 replaces and supersedes Schedule No. 5 between the parties which shall expire on August 

25, 2023. 

Page 3 of 5 
IN WITNESS WHEREOF, the parties hereto, each acting with proper authority, have executed this Schedule as of 

the Effective Date. 

Commodity Futures Trading Commission ICE Data Pricing Reference Data LLC 

D1g1tallys,gnedby CHRISTINE (b)(6) CHRISTINE HAN 

Date. 2023 08 08 I 5.46 07 By: HAN 

Print Name: Christine Han 

Title: Contracting Officer 

Page 4 of 5 
APPENDIX A 

Third Party Provider List and Exchange Packages* 

*Subject to applicable Third Party Supplier provisions set out in the Agreement, Data subscribed as set forth in this Attachment B (Third Party Supplier List and 

Exchange Packages) shall be subject to availability of sources and exchange packages at the time of execution by Licensee of this Schedule and from time to time 

thereafter. 

Exchange Package Name Exchange Package 

Pricin.B_ Level 

8 

Source 

ID 

Source 

8 

Market Centre 

8 

Data Type 

Data 

Quality Usage Type A 

8 

~- ~ ~ ~ 

Page 5 of 5