21R00014 Cloud Training.pdf
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- Attached to
- In-Line Cloud Training
- Solicitation number
- 9531CB21R0014
- Issued by
-
Consumer Financial Protection Bureau
About this file
This document is a combined synopsis/solicitation from the Consumer Financial Protection Bureau seeking cloud training services. The CFPB requires an online, on-demand mobile learning platform with expert cloud computing content covering AWS, Azure, Google Cloud, and other technologies. Offerors must provide a training catalog, technical approach, and experience. Pricing is fixed unit prices for 150 licenses per base period and four option periods, with optional licenses of 50. Proposals are due by 11:00 AM EST on September 2, 2021 with award anticipated. The contract will have a one year base period and four one year option periods. The contractor must deliver licenses within three business days of award and option exercises.
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9531CB21R0014
Cloud Training
CLOUD TRAINING SERVICES FOR THE CONSUMER FINANCIAL PROTECTION
BUREAU, OFFICE OF TECHNOLOGY & INNOVATION, WASHINGTON, DC
COMBINED SYNOPSIS/SOLICITATION
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, and 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
This solicitation is being issued as a Request for Proposal (RFP) under 9531CB21R0014 and award of a single Contract is anticipated. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2021-5/3-10-2021
The NAICS Code for this procurement is 611430, Professional Development Training and the business size standard is $11 Mil.
PSC U002 – Education/Training – Personnel Testing
1.0 PRICING TABLE – Total Evaluated Price
The Consumer Financial Protection Bureau (CFPB) is seeking to acquire On-line Cloud Training services for CFPB’s Technology & Innovation employees, and other CFPB personnel, as outlined in the Performance Work Statement.
The Offeror shall propose Fixed Unit Prices for each item identified in the Pricing Tables below.
Each item identified within the Pricing Tables shall be priced separately and in accordance with the requirements defined in the Performance Work Statement (PWS). Pricing shall be on a per-license basis (one license per student) for each license ordered. The per-license cost is inclusive of all direct and indirect costs.
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781
PRICE TABLE
Optional licenses may be exercised incrementally in any quantity, up to the total quantity of 50.
ON-LINE CLOUD LICENSES
Qty Price/Class
Total
CLIN 0001 BASE PERIOD 150 $ $
OPTIONAL LICENSES
50 $ $
OPTION CLIN
OPTION PERIOD 1 150 $ $
OPTION PERIOD 2 150 $ $
OPTION PERIOD 3 150 $ $
OPTION PERIOD 4 150 $ $
TOTAL FFP $
2.0 BACKGROUND
The Consumer Financial Protection Bureau (Bureau) Office to Technology and Innovation (T&I) is responsible for the Bureau’s IT infrastructure. As the Bureau migrates to more cloud-based solutions, it needs to provide training for its IT professionals in the latest cloud technologies.
3.0 SCOPE OF WORK
The Office of Technology & Innovation (T&I) is seeking a Contractor to provide an online, on-demand, and mobile learning platform with expert cloud computing content geared towards several different levels of experience, from novice to expert.
4.0 REQUIREMENTS
The platform functionality and content library should include, but not be limited to, the following:
MINIMUM REQUIREMENTS
4.1 PLATFORM FUNCTIONALITY
● Online, on-demand mobile access.
● Separated levels for users and trainers/administrators.
● Skill assessments: access to tools that identify skill gaps and help the Administrator determine where to develop and optimize cloud computing skills.
● Self-paced learning paths: ability to assign learning paths to teams, manage training cycles, and measure skill development for cloud transformation and change management.
● Instructional videos: vendor-neutral and platform-specific instructional videos by respected subject matter experts.
● Instant access to sandboxes that provide for experiential training on the leading cloud infrastructure platforms in secure, live working environments.
● Quizzes and exams: scenario-based quizzes and exams that give users confidence that they are ready to sit for certification exams.
● Administration rights: ability to add, remove, and change users as needed.
● Provide a management dashboard to engage users by measuring effort and progress towards completion of goals and enable course administrators to track progress against learning goals and training plans.
● Mobile access: access to an iPhone application that allows team members to stream or download content on-demand.
● The contractor’s platform shall maintain uptime and availability consistent with its commercial practices.
4.2 CONTENT LIBRARY
The Contractor shall deliver an online course catalog with a variety of trainings specializing in cloud-based technologies.
● Continuously produced and updated training content covering cloud computing fundamentals, such as Development Operations, cloud migration, cloud security, and Big Data.
● Pre-built learning paths covering Amazon Web Services (AWS), Microsoft Azure, Google Cloud Platform, and other common cloud ecosystem technologies in the market.
● Customized training plans that align with T&I cloud technologies, tech stack, policies, procedures, and methodologies.
● Exam simulations that allow users to test knowledge and skills in preparation for common cloud vendor certifications (AWS, Azure, and Google).
5.0 DELIVERABLES. The following deliverables are required under this contract:
CLIN QTY DESCRIPTION DUE DATE
0001 150 Cloud Licenses Three (3) business days from award
0001 50 Optional Licenses
Three (3) business days after modification award
Option
CLIN 0002
150 Cloud Licenses Three (3) business days from award
0002 50 Optional Licenses
Three (3) business days after modification award
Option
CLIN 0003
150 Cloud Licenses Three (3) business days from award
0003 50 Optional Licenses
Three (3) business days after modification award
Option
CLIN 0004
150 Cloud Licenses Three (3) business days from award
0004 50 Optional Licenses
Three (3) business days after modification award
Option
CLIN 0005
Cloud Licenses
Three (3) business days from award
0005 50 Optional Licenses
Three (3) business days after modification award
6.0 QUALITY ASSURANCE PLAN
The Government’s Contracting Officer’s Representative (COR) will establish meetings or conference calls with the contractor and/or their representatives to monitor performance and ensure specifics tasks are accomplished.
7.0 PERIOD OF PERFORMANCE.
CLIN Period of Performance
CLIN 0001 Date of Award through 12 Months Thereafter
CLIN 0002 Date of Option Exercise through 12 Months Thereafter
CLIN 0003 Date of Option Exercise through 12 Months Thereafter
CLIN 0004 Date of Option Exercise through 12 Months Thereafter
CLIN 0005 Date of Option Exercise through 12 Months Thereafter
8.0 FAR 52.212- 1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN
2017)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS Code for this procurement is 611430, Professional Development Training and the business size standard is $11Mil.
PSC U002 – Education/Training – Personnel Testing
(b) Submission of offers. Offerors must submit their proposal via email to catherine.palmer@cfpb.gov no later than 11:00 a.m. EST on 2 September 2021. Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, proposals must show --
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A description of the offeror’s ability to meet the minimum Government requirements identified herein.
(5) Price in accordance with paragraph 1.0;
mailto:catherine.palmer@cfpb.gov
(6) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(7) Acknowledgment of Solicitation Amendments;
(8) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or, reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.
(2)
(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(e) Contract award. The Government intends to evaluate offers and award a contract on a Best Value basis, where Best Value is defined as the Lowest Priced Technically Acceptable Offer, and without discussions. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(f) Unique entity identifier. The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(g) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(h) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The overall evaluated price of the successful and debriefed offeror.
(2) A summary of rationale for award;
http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/
(3) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
11.0 FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)
(a) LPTA Procedures: The Government intends to award a Firm Fixed Price contract to the responsible vendor whose proposal, while conforming to the solicitation, is most advantageous to the Government using Lowest Price Technically Acceptable (LPTA) source selection procedures. The determination of “most advantageous” will be based on the technically acceptable proposal that offers the lowest price among those proposals submitted, and, offers a fair and reasonable price.
“Technical Acceptability” will be determined solely based on the vendor’s ability to satisfy all the Government’s requirements. Proposals that do not meet all of the requirements specified in the RFP will not be considered for award.
Under these LPTA procedures, the Offeror with the lowest Total Evaluated Price will be evaluated to determine technical acceptability. If that Offeror is determined technically acceptable, it will receive award. If that Offeror is found technically unacceptable, it will be removed from further consideration and the next lowest priced offeror will be evaluated for technical acceptability.
This process will continue, as needed, to arrive at a technically acceptable offer. Only those proposals determined acceptable will be considered for award.
11.1 Technical - The Offeror shall provide a technical proposal:
(1) Volume 1. Technical Capability. The Technical Proposal, which shall address the Offeror’s technical approach and relevant experience shall include the information described below. Each section of the proposal is subject to the page limitation shown in parentheses after the descriptions below. All page limitations are based on one side of 8.5" by 11" paper, 0.5" margins, and font size shall be 12 point with no reduction. Proposals submitted that do not adhere to the page limitations will have the extra pages removed, as additional pages above the page limit will not be reviewed or evaluated. Do NOT include any price-related information in the Technical Proposal.
(1) Training Catalog (5 Pages). The Offeror shall submit a training catalog that includes training on AWS, and Azure and Google cloud platforms and including a list of training certification learning paths.
(2) Technical Approach/Training Platform (5 Pages). The technical approach must provide sufficient detail within this element to demonstrate its ability to successfully meet the minimum requirements identified in Paragraph 4.0. Additionally, the Offeror must provide a link to its training course to become certified as an AWS Certified Cloud Practitioner.
(3) Firm Experience (2 Pages). The Offeror must have one (1) year of prior experience as a prime contractor providing the training services required, within the last five (5) years. The Offeror must submit the following information to demonstrate the experience requirements above.
a. Customer name and address
b. Contract number
c. Total dollar value of the contract. If performed as part of a team, provide the dollar value of your firm’s contribution
d. Period of contract performance
e. Description of services provided, including the specific services provided by your firm
(b) 52.217-5 Evaluation of Options (Jul 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
End of Clause
The Government intends to award a single Contract as a result of this RFP to the Offeror whose proposal, conforming to the RFP, is the most advantageous to the Government using Best Value LPTA competitive procedures, but reserves the right to make multiple or no awards.
11.1.1 Evaluation of Technical Capability Factor (and Subfactors)
(a) Technical Capability. Within the “Technical Capability” factor the Government will evaluate three (3) Subfactors, which are of equal importance.
Please note that the Technical Capability factor will be assigned an overall rating (“Acceptable” or “Unacceptable”) in consideration of the findings supporting the ratings assigned at the Subfactor level. Each of these Subfactors will be evaluated for Acceptability, to ensure that Offerors meet all requirements outlined in this Solicitation.
i. Subfactor 1: Training Catalog. The CFPB will evaluate the Offeror’s catalog to ensure it can provide the specific training courses required.
ii. Subfactor 2: Technical Approach/Training Platform. The CFPB will evaluate the effectiveness of the Offeror’s approach to performing and managing the work encompassed in the solicitation. Additionally, the CFPB will review the Offeror’s training platform to ensure it meets the requirements identified in Paragraph 4.0.
iii. Subfactor 3: Firm Experience. The CFPB will evaluate the Offerors’ level of experience in providing training services required within the RFP.
11.2 Price - To be considered for award, the Offeror must provide completed Pricing Tables in accordance with paragraph 1.0 of this solicitation. The lowest priced offeror will be determined based upon the Total Evaluated Price as provided in the completed Pricing Table at 1.0. The Total Evaluated Price, consisting of the total proposed in the base and each option Period, will be evaluated for reasonableness.
(a) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
12.0 REQUEST FOR PROPOSAL QUESTIONS
Any questions concerning this RFP must be emailed to the Contracting Officer at catherine.palmer@cfpb.gov. Questions must be received by 11:00 a.m. local Washington, D.C. time on 30 August 2021. The Government will respond in writing to questions submitted by this date. The response will include answers to the questions and/or RFP amendments, as necessary. The Government will not respond to questions initiated over the telephone, or in any other format except as directed herein and may not respond to written questions received after the due date. The following format must be used.
Q# QUESTION REFERENCE PAGE
mailto:cat
13.0 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --
COMMERCIAL ITEMS (JAN 2017)
Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.
14.0 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL
ITEMS (JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1626_230606
_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
__ _ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.
6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.
644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.
637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.
637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).
(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
___ (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.)
___ (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 EPEAT® -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 EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (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 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (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. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 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; 10 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) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(12)).
___ (62) (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.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.
13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.
5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O.
13627).
(xiii) 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.)
(xiv) 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)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(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).
(B) 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).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph
(e) of FAR clause 52.226-6.
(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.
15.0 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 365 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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.
16.0 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, 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 a clause may be accessed electronically at this address:
http://farsite.hill.af.mil or http://www.arnet.gov/far.
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN
2017)
FAR 52.232-1 PAYMENTS (APR 1984)
FAR 52.246-4 INSPECTION – INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)
17.0 AUTHORITY - CONTRACTING OFFICER, CONTRACTING OFFICER’S
REPRESENTATIVE
17.1 Contracting Officer
a. The Contracting Officer for this contract is:
M. Catherine Palmer Office of Procurement Consumer Financial Protection Bureau 1700 G Street, NW, Suite 655-D Washington, DC 20552 Phone Number: (202) 435-7447 Email Address: catherine.palmer@cfpb.gov
b. The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.
17.2 Contracting Officer's Representative (COR) Designation and
Authority
a. The COR for this contract is:
TBD
Consumer Financial Protection Bureau 1700 G Street, NW, Suite 471-E Washington, DC 20552
Email Address: @cfpb.gov Phone Number: 202-435-
b. Performance of work under this contract must be subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction “ includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the RFQ are accomplished satisfactorily.
c. Technical direction must be within the scope of the SOO. The COR does not have authority to issue technical direction that:
mailto:catherine.palmer@cfpb.gov
1. Constitutes a change of assignment or additional work outside the specification(s);
2. Constitutes a change as defined in the clause entitled “Changes”;
3. In any manner causes an increase or decrease in the pricing, or the time required for performance;
4. Changes any of the terms, conditions, or SOO of the contract;
5. Interferes with the Contractor’s right to perform under the terms and conditions of the contract; or
6. Directs, supervises or otherwise controls the actions of the
Contractor’s employees.
d. Technical direction may be oral or in writing. The COR may confirm oral direction in writing, with a copy to the Contracting Officer.
e. The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in (c), above, the Contractor shall immediately notify the Contracting Officer.
f. Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of Federal Acquisition Regulation (FAR) Clause 52.212-4(d), “Disputes.”
17.3 Contractor Contract Manager
a. The contractor's designated Contract Manager for this contract is:
Name: ________________________________
Office No: ___________________ Fax No: ________________
E-Mail Address: ____________________________________________
b. The contractor shall provide a Contract Manager for this contract who shall have the authority to make any no-cost technical, hiring and dismissal decisions for the contractor regarding this contract-. The Contract Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government.
The Contract Manager shall have full authority to act for the contractor in the performance of the required services. The Contract Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Contract Manager or designated representative shall respond within four hours after notification of the existence of a problem.
The Contract Manager shall be able to fluently read, write, and speak the English language.
SEE APPENDIX A – LOCAL CLAUSES
| PRICE TABLE |
| Optional licenses may be exercised incrementally in any quantity, up to the total quantity of 50. |
| 15.0 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) |
File details come from the government source that posted it. Updated .