9531CB18R0001_RFP_-_Amendment_0003.pdf

Solicitation Number: 9531CB18R0001 – Amendment 0003 Short Term and Long Term Disability Insurance Program

1 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

CONSUMER FINANCIAL PROTECTION BUREAU

WASHINGTON, DC 20552

Date: March 5, 2018

To: Interested Contractors

Subject: Request for Proposals (RFP) 9531CB18R0001, Short Term and Long Term Disability

Insurance Program

Dear Contractor:

The purpose of this Request for Proposals (RFP) is to contract with a vendor to continue its Short Term and Long Term Disability for the Consumer Financial Protection Bureau (CFPB or the Bureau). In accordance with the guidelines discussed below, CFPB requests that you provide a quote in response to this RFP, which is pursuant to Federal Acquisition Regulation Part 13. Based upon its evaluation of quotes received in response to this RFP, the CFPB intends to issue one (1) award, but reserves the right to make no award. Detailed instructions for preparing and submitting a quote are contained in the RFP, along with the criteria to be used by CFPB in evaluating proposals.

A supplemental package that includes RFP Attachments 6 and 7 will also be available to Offerors after the signing of the Non-Disclosure Agreement (NDA) located in Attachment 1 of this document. A signed NDA must be submitted via e-mail to both Jeremy.Jenkins@cfpb.gov and Matthew.Chmielewski@cfpb.gov by no later than 4:00 p.m. Eastern Time on March 1219, 2018. Please note that the deadline for proposal submission is listed below and the proposal submission deadline will not be impacted by the time the NDA is submitted by the Offeror, so it is in the Offeror’s best interest to sign the NDA as soon as practicable. Note, these documents will not be provided without a signed NDA. A signed copy by a representative on behalf of the Contractor is acceptable.

The following are the points of contact for this RFP:

CFPB Contracting Officer:

JEREMY JENKINS

OFFICE OF PROCUREMENT

CONSUMER FINANCIAL PROTECTION BUREAU

1700 G STREET, NW

E-mail Address: Jeremy.Jenkins@cfpb.gov

CFPB Contract Specialist:

MATTHEW CHMIELEWSKI

mailto:Jeremy.Jenkins@cfpb.gov mailto:Matthew.Chmielewski@cfpb.gov mailto:Jeremy.Jenkins@cfpb.gov

2 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

OFFICE OF PROCUREMENT

CONSUMER FINANCIAL PROTECTION BUREAU

1700 G STREET, NW

E-mail Address: Matthew.Chmielewski@cfpb.gov

Questions concerning the RFQ must be submitted by e-mail to Jeremy.Jenkins@cfpb.gov and Matthew.Chmielewski@cfpb.gov no later than 4:00 p.m. Eastern Time on March 12, 2018. CFPB reserves the right not to answer questions received after that time. CFPB will provide answers to all timely vendor questions as soon as practicable via an Amendment to this RFP, to be provided to interested vendors via email.

All responses to this RFP must be submitted via e-mail to Jeremy.Jenkins@cfpb.gov and Matthew.Chmielewski@cfpb.gov by no later than 4:00 p.m. Eastern Time on March 26April 5, 2018.

CFPB greatly appreciates your attention to this requirement.

Sincerely, //Signed//

Jeremy Jenkins Contracting Officer mailto:Matthew.Chmielewski@cfpb.gov

3 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

TABLE OF CONTENTS

Section One - Schedule of Supplies or Services, and Prices

1.0 Schedule of Supplies, Services and Prices.

2.0 Electronic Submission of Payment Requests

Section Two – Performance Work Statement

1.0 Introduction

2.0 Plan Design

3.0 Administrative Requirements

4.0 Additional Terms and Conditions

Section Three - Terms and Conditions

Packaging and Marking

5.0 Marking

Inspection and Acceptance

6.0 Inspection and Acceptance

Deliveries or Performance

7.0 Deliverables

8.0 Period of Performance

9.0 Place of Performance

Administration Data

10.0 Authority – Contracting Officer

11.0 Contracting Officer’s Representative (COR) Designation and Authority, and Contracting Officer (CO)

Authority

12.0 Vendor Point of Contact (VPOC)

13.0 Reassignment and Replacement of Contractor Personnel

Special Requirements

14.0 Prohibition Against the Use of Federal Employees

15.0 Public Release of Contract

16.0 Inspection of Books & Records

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17.0 FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

18.0 Agency-Level Protest Clause

19.0 Contractor Publicity

20.0 Data Rights

21.0 Security Requirements

22.0 Universal Access and Design

23.0 Organizational Conflict of Interest (Oct 2017)

24.0 Good Faith Effort Certification

Clauses

25.0 FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998)

26.0 Clauses Incorporated by Full Text

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

- Commercial Items (Nov 2017)

Section Four – Instructions to Offerors, Certifications, and Representations

1.0 Communication and Questions

2.0 Proposal Submission Instructions

3.0 FAR 52.212-2 – Evaluation – Commercial Items

4.0 FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items (Jan 2017)

Attachments

1. Non-Disclosure Agreement

2. Question Format

3. Long Term Disability Plan Certificate

4. Short Term Disability Plan Certificate

5. Technical Response Questionnaire

8. Questions and Answers

After receipt of a signed NDA from the Offeror, the following attachments will be provided to the Offeror:

5.6. Claims History

6.7. CFPB Census File

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SECTION ONE – SCHEDULE OF SUPPLIES, SERVICES, AND PRICES

1.0 SCHEDULE OF SUPPLIES, SERVICES AND PRICES. The Schedule of Supplies, Services and Prices within the

SF 1449.

2.0 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

2.1 PAYMENT AND INVOICE QUESTIONS

For payment and invoice questions, go to https:// www.ipp.gov or contact the Accounting Services Division at

(304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

2.2 OVERPAYMENTS.

2.2.1 In accordance with FAR 52.212-4, section (i)5, overpayments: Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT).

This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within twenty-four hours and will be shown on the regular account statement.

2.2.2 The Contractor will not receive the original check back. The Government will destroy the Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org mailto:AccountsPayable@fiscal.treasury.gov

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SECTION TWO – PERFORMANCE WORK STATEMENT (PWS)

1.0 Introduction

Consumer Financial Protection Bureau (CFPB) requires a disability insurance carrier to provide a short-term disability (STD) insurance plan and long-term disability (LTD) plan for its active employees

A. Background

Consumer Financial Protection Bureau (CFPB)

The Dodd-Frank Wall Street Reform and Consumer Protection Act includes the strongest consumer protections ever, protecting families from abusive consumer financial practices and giving consumers the information they need to make sound financial decisions for themselves and their families.

The Act establishes a Consumer Financial Protection Bureau (CFPB) that consolidates core authorities that are currently fragmented across several federal agencies. Key responsibilities of the Bureau include:

Issue rules to ensure fairness and transparency for mortgages, credit cards, and other consumer financial services;

Vigorously enforce consumer laws, focusing on the practices and providers that pose the most risk to consumers; and

Provide consumer assistance and education nationwide, including literacy programs, online resources, and a consumer complaints hotline.

CFPB currently has approximately 1,779 employees. These numbers are based on the current employee census, but are subject to change, based on employee count.

B. Purpose

The Dodd-Frank Wall Street Reform and Consumer Protection Act requires that CFPB provide benefits to employees that are comparable to the benefits provided by the Board of Governors of the Federal Reserve (FRB). In addition, CFPB compares itself to other FIRREA and Federal regulatory agencies. In order to achieve comparability and to attract talent and to make sure that there are little or no benefit gaps for transferring employees, the purpose of this contract is to maintain a short-term disability (STD) insurance plan and long-term disability (LTD) plan for all employees effective June 1, 2018. Title 5 Federal benefits do not include separate insurance plans for STD and LTD.

Instead, employees have sick leave benefits that accrue at four hours per pay period (13 days per year). Employees can accrue unlimited hours of sick leave. Transferring employees will transfer their sick leave balances. CFPB administers the STD and LTD benefits in conjunction with the usage of sick leave, leave donated from the Voluntary Leave Transfer Program, leave without pay and etc. CFPB employees are enrolled in the Civil Service Retirement System (CSRS), the Federal Employees Retirement System (FERS), or the Federal Reserve System Retirement Plan. All of these retirement plans include disability retirement provisions and will be included as an offset to LTD benefits. For additional information, please see Attachment(s) 3 and 4.

C. Eligibility

7 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

The eligibility requirement for CFPB-specific benefits is defined as a regular employee (full-time or part-time) or temporary employee with an appointment greater than one year; and regularly working at least 60 hours biweekly.

D. Enrollment and Effective Dates

Initial enrollees will be effective June 1, 2018. New hires will be effective on the date employees meet the eligibility requirements.

2.0 Plan Design

Contractor shall duplicate the current short-term disability and long-term disability (LTD) insurance benefits as closely as possible, as explained herein. A brief summary is shown below and fully described in detail in the certificates located at Attachment(s) 3 and 4. The benefits listed below and in Attachments 3 and 4 represent minimum requirements for technical acceptability. No deviations from the benefits listed in the chart, below, are authorized. Also, no deviations -except for the provision of clearly equivalent benefits – are authorized with respect to the additional benefits specified in Attachments 3 and 4. Any deviations (providing equivalent benefits) shall be detailed in the box, below.

Benefits (no deviations authorized)

STD Waiting Period 7 Calendar days

STD Benefit % 60%

STD Weekly Maximum $3,173

STD Duration 90 Days

LTD Waiting Period 90 Days

LTD Benefit % 60%

LTD Monthly Maximum $13,750

LTD Own Occupation 24 Months

Based on a review of the certificates (Atts. 3 and 4) and as discussed above, explain any deviations from the current plans and how the alternate benefits/features are equivalent.

8 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

3.0 Administrative Requirements

The Contractor shall at a minimum provide the following administrative services for the CFPB STD and LTD Insurance Plans including, but not limited to:

A. Administrative and Enrollment Services Requirements

a) Administer short-term and long-term disability (STD and LTD) insurance benefits that provide the same and/or equivalent benefits (as authorized) as those specified in 2.0, above, and outlined in the certificates.

b) Produce employee certificates in electronic format. For an example, please see Attachment(s) 3 and 4.

c) All PDF deliverables are to be dynamic and Section 508 conformant. More information regarding compliance is included in Section Three, 22.0 – Universal Access and Design.

d) Verify eligibility for benefits.

e) Notify CFPB of changes in claim status via e-mail.

f) Provide start and end dates of individual employee STD and LTD claims to CFPB as they become available.

g) Provide a direct link to your firm’s website from the CFPB benefits website.

h) Provide a secured electronic site that CFPB benefits administrators can access to view the processing status of employees’ STD and LTD claims.

i) As requested by CFPB, assist in the communication to employees regarding STD and LTD insurance benefits, if needed.

j) Provide a monthly premium bill to CFPB using the Invoice Processing Platform (IPP) (https://www.ipp.gov).

Provide for a 30 day net payment due. Implement an e-mail notification process to proactively alert CFPB benefit staff of late or missing premium payments. Note that registration and invoicing procedure information is further detailed at Section One, 2.0 Electronic Submission of Payment Requests.

k) The carrier shall provide eligibility for coverage to all employees on June 1, 2018. No active employees or disabled employees shall lose eligibility for coverage as a result of a change in carriers.

l) Designate an Account Manager as the Vendor Point of Contact (POC), as further described in Section 12.2 below.

m) Meet with CFPB on a quarterly basis to review status of claims and overall operation of the program. Conduct an annual account management satisfaction survey.

n) The plan shall be sitused in Washington, DC (i.e., subject to Washington DC insurance regulations).

https://www.ipp.gov/

9 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

a) B. Claims Processing, Customer Service, and Reporting Requirements Provide a flexible intake process including at a minimum telephonic and as a plus on-line claim submission.

b) Generate STD approvals and benefit amounts that align with CFPB’s bi-weekly pay period schedules.

c) Provide LTD and STD benefit payments to individuals. Additionally, if requested by the CFPB COR, provide benefit payments through direct deposit.

d) Process benefit payments to LTD beneficiaries on a monthly basis.

e) Have the ability to (and will, as needed) withhold pre- and post-tax deductions from employee’s check and report deductions back to CFPB.

f) Provide Federal and state tax withholding and remittance to various government entities, to include issuance of annual W-2 forms.

g) Process 82.5% of STD claims within 10 business days.

h) Process 90% of LTD decisions by the benefit start date.

i) Provide ongoing clinical claim management.

j) Periodically review claims status at least once every 30 days.

k) Review claims for fraud.

l) Monitor treatment plan and recovery progress of the disabled claimant to ensure timely and successful rehabilitation.

m) Identify potential Social Security disability candidates and assist with the approval process, including the initial application, reconsideration, and appeal.

n) Provide CFPB with electronic quarterly and annual cumulative reports of claims, reserve, and premiums paid.

o) Provide CFPB with clear and concise management reports which include:

Nature of illness/disability in terms of severity, functional impairment, and prognosis.

Date of disability.

Estimated return-to-work date.

Actual return-to-work date.

Case management goals, objectives, and responsibilities.

Rehabilitation status.

Amount paid in benefits, including Social Security and other offsets.

10 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

p) Provide lists of employee contested claims that were denied or partially denied, separated by denial reason.

q) Maintain a claims service unit with minimum office hours from 8:00 a.m. until 8:00 p.m., Eastern Time, Monday through Friday (except Federal holidays) and provide a message device to handle calls after business hours or on weekends.

r) Provide a toll-free telephone service that has the capability to place calls on hold and queue during peak calling hours. Providing adequate staffing so that all calls are answered on average in 30 seconds.

s) Provide legal defense on disputed claims or to determine eligible beneficiaries where there is ambiguity.

t) Claims processors that will be assigned to CFPB’s disability plans will have a minimum of at least three years of claims processing experience.

u) Return to work (RTW) services/specialty staff are part of the STD team.

v) Mental health claims are reviewed by designated mental health professionals.

11 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

4.0 Additional Terms and Conditions

A. FIXED UNIT RATES/ PRICES FOR SERVICES (Monthly STD and/or LTD rates)

B. PRICING TABLES:

Please complete the yellow fields in the following tables for both Short Term Disability and Long Term Disability.

Contract Period 1 is for 7 months and Option Year(s) 1 and 2 are for 12 months.

As specified below, Offerors shall provide fixed unit rates/prices for insuring the LTD and STD policies, which shall apply for the duration of the contract with CFPB. The fixed unit rates will be memorialized in the final contract.

For evaluation purposes, Offerors shall additionally provide Monthly Premiums, as specified below, which shall be based upon the agency’s included estimated volumes and the Offeror’s relevant, submitted fixed unit rates.

The Monthly Premiums and other pricing information will be used for price evaluation purposes by the Contracting Officer to determine each Offeror’s Evaluated Price and the Offeror with the lowest Evaluated Price under this solicitation. See Section Four, 3.1, Factor 3 – Price, for additional details on calculation of the Evaluated Price and the price evaluation process.

CONTRACT PERIOD 1 (7-month base period): June 1, 2018 through December 31, 2018

CFPB

Estimated Volume*

Monthly STD Rate per $10 of covered weekly benefit

Monthly Premium

STD $783,604

Volume*

Monthly LTD Rate per $100 of covered monthly payroll

Monthly

LTD $8,731,150

OPTION YEAR 1: January 1, 2019 through December 31, 2019

Volume*

Monthly STD Rate per $10 of covered weekly benefit

Monthly

STD $2,686,641

12 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

Monthly LTD Rate per $100 of covered monthly payroll

Monthly

LTD $17,462,298

OPTION YEAR 2: January 1, 2020 through December 31, 2020

Volume*

Monthly STD Rate per $10 of covered weekly benefit

Monthly

STD $2,686,641

Monthly LTD Rate per $100 of covered monthly payroll

Monthly

LTD $17,462,298

*Estimated Volumes are based on recent payroll and will be used for evaluation purposes only. The stated volumes are not guaranteed and may fluctuate over the length of the contract.

C. DETERMINATION OF AMOUNT OF PAYMENT --

1. The Government will pay the Contractor on a monthly basis. Payments shall be determined by the covered payroll and benefits for STD and LTD and shall be at the rates established in section titled “Fixed Unit Prices for Services” of this contract.

2. At the end of Contract Period 1 and subsequent option year(s), if their respective options are exercised by CFPB, the

Bureau will analyze actual participation levels and advise the Offeror of any overpayment(s) or underpayment(s) due.

3. The date of payments by the Government shall be construed to be the date payment is made.

13 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

D. MINIMUM INSURER FINANCIAL RATING / PREMIUM SIZE

The Prime Contractor shall maintain at least one of the following minimum insurer financial ratings during the life of this contract: A.M. Best: A–; Standard & Poor’s or Fitch: BBB; or Moody’s: Baa2. If the Contractor is rated by more than one of these rating organizations, each rating shall at least meet the above minimums. In lieu of being rated by one or more of these financial agencies, the Contractor must have an annual premium volume of $1 billion or more as documented in the Contractor’s most recent annual report and/or audited financial statement.

E. Financial

Use the following assumptions in preparing your fully insured proposal:

Rate Assumptions:

Current Certificates for STD and LTD located at Attachments 3 and 4.

Attachment 7 includes the current demographics for CFPB as of Pay Period 3 of calendar year 2018. Attachment 7 will be sent to vendors following the completion of the NDA and is password protected. Instructions for completing and returning the NDA are included in the cover page of the RFP.

Attachment 6 includes the historical claims experience of the LTD and STD plans and details on open and closed LTD claims. Attachment 6 will be sent to vendors following the completion of the NDA addressed above.

14 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

SECTION THREE – TERMS AND CONDITIONS

Packaging and Marking

5.0 MARKING. All information submitted to the Contracting Officer (CO) and/or the Contracting Officer

Representative (COR) shall clearly indicate the CFPB Contract number for which the information is being submitted.

Inspection and Acceptance

6.0 INSPECTION AND ACCEPTANCE. Inspection and acceptance of all work performed shall be by the COR.

Deliveries or Performance

7.0 DELIVERABLES. The Contractor shall ensure all work is delivered in accordance with Section 2 of this contract.

8.0 PERIOD OF PERFORMANCE. The period of performance is from date of award with benefits services commencing from June 1, 2018 through December 31, 2018. Note, this contract will also include two (2) one (1) year option periods, each exercisable at the sole discretion of the government.

9.0 PLACE OF PERFORMANCE. The work will be performed at the Contractor’s Facilities.

Administration Data

10.0 AUTHORITY - CONTRACTING OFFICER. The Contracting Officer for this contract is:

Jeremy Jenkins Office of Procurement Consumer Financial Protection Bureau Phone Number: 202.435.9256 Email: Jeremy.Jenkins@cfpb.gov

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.

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11.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AUTHORITY AND DESIGNATION, AND

CONTRACTING OFFICER AUTHORITY.

11.1 The COR for this Contract is:

To be determined at time of award.

11.2 Performance of work under the 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 work statement are accomplished satisfactorily.

11.3 Technical direction must be within the scope of the Contract. Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays. The COR does not have authority to issue technical direction that:

Constitutes a change of assignment or additional work outside the specification(s);

Constitutes a change as defined in the clause entitled “Changes”;

Causes a change the contract itself or Task Order price, or the time required for performance;

Changes any of the terms, conditions, or requirements of the contract;

Interferes with the Contractor’s right to perform under the terms and conditions of the contract; or

Directs, supervises or otherwise controls the actions of the Contractor’s employees.

11.4 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 subparagraph 12.3 herein, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

11.5 The Contracting Officer, in accordance with Part 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any clauses contained elsewhere in the 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 terms or price to cover any increase in cost incurred as a result thereof.

11.6 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 the clause entitled “Disputes”.

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12.0 ACCOUNT MANAGER/ VENDOR POINT OF CONTACT (VPOC)

12.1 The Account Manager/VPOC for this Contract is:

Name:

Office No:

E-Mail Address:

12.2 The VPOC shall have at a minimum 5 years of experience in the insurance industry and be responsible for the overall management and coordination of this and shall act as the central point of contact with the Government. The VPOC shall have full authority to act for the Contractor in the performance of the required services. The VPOC, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The VPOC or designated representative shall respond within one business day after notification of the existence of a problem. The VPOC shall be able to fluently read, write, and speak the English language.

13.0 REASSIGNMENT AND REPLACEMENT OF CONTRACTOR PERSONNEL

13.1 General. The Government reserves the right to request that the Contractor reassign Contractor employees whose continued use under the Contract is deemed contrary to the best interests of the Government. The Contracting Officer will give notice of such reassignment request in writing.

13.2 Proposed Substitutions of Key Personnel. All proposed substitutions of Key Personnel must be submitted to the Contracting Officer, as early as feasible given the circumstances. The Contractor shall not allow Key Personnel substitutions during the Contract performance period unless the Contractor timely notifies the Contracting Officer, with a copy to the COR, provides the information required herein, and is given written Contracting Officer approval. All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer needed to approve or disapprove the proposed substitution. The relevant qualifications of all proposed substitutions must be equal, or superior, to the qualifications of the person(s) to be replaced.

The Contracting Officer, or an authorized representative, will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof.

13.3 Potential Threats. The Contractor shall not employ persons for work on this Contract if such employees are considered by the Contracting Officer to be a potential threat to the health, safety, security, general well-being or operational mission of the Bureau and/or its population. Any such person determined by the Government to be a potential threat may be immediately removed from performance under this Contract by the Contracting Officer and shall be replaced by the Contractor at no additional cost to the Government.

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Special Contract Requirements

14.0 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES. In accordance with Federal Acquisition Regulation 3.601, contracts are not to be awarded to Government employees, nor a business concern or other organization owned or substantially owned, or controlled, by one or more Government employees. For the purposes of this contract, this prohibition against the use of Government employees includes any work performed by the Contractor or any of its employees, subcontractors, and/or consultants.

15.0 PUBLIC RELEASE OF CONTRACT (APR 2015).

CFPB is dedicated to transparency and plans to make the award document available to the public after award.

If selected, the Contractor agrees to electronically submit to the CFPBprocurement@cfpb.gov mailbox, within ten business (10) days from the date the contract is awarded (exclusive of Saturdays, Sundays, and federal holidays), a .pdf file of the fully executed contract with all proposed necessary redactions, including redactions of any trade secrets or any commercial or financial information that it believes to be privileged or confidential business information, for the purpose of public disclosure at the sole discretion of CFPB. In the interest of transparency, only necessary redactions may be proposed. If the Contractor does not timely submit this contract deliverable, CFPB may construe such inaction to indicate that the Contractor has no objection to CFPB publicly disclosing such contract without redaction, and CFPB may do so without further notification to the Contractor. CFPB reserves the right to disclose any award document information that it deems appropriate in accordance with the law.

The Contractor further agrees to provide a detailed written statement specifying the basis for each of its proposed redactions, if any, including any applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and, in the case of FOIA Exemption 4, 5 U.S.C. § 552(b)(4), shall demonstrate why the information is considered to be a trade secret or commercial or financial information that is privileged or confidential. Information provided by the Contractor in response to this contract requirement might be subject to disclosure under the FOIA. CFPB will carefully consider all proposed redactions and associated grounds for nondisclosure prior to making a final determination as to what information in the contract may be properly withheld.

16.0 INSPECTION OF BOOKS & RECORDS (APR 2015)

16.1 This clause is applicable to any contractual vehicle, regardless of the amount or the manner into which it was entered.

16.2 The Contractor agrees that the Consumer Financial Protection Bureau (including its authorized representative and/or its Office of Inspector General) (collectively, "CFPB") shall, until expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the CFPB shall have the same rights to the subcontractor books, documents, papers and records as specified above.

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16.3 The periods of access and examination described above, for records which relate to (1) litigation or the settlement of claims arising out of the performance of this Contract, or (2) costs and expenses of this Contract as to which exception has been taken by the CFPB, shall continue until such litigation, claims, or exceptions have been disposed of, and CFPB has specified in writing that exception is no longer being taken.

16.4 CFPB'S Office of the Inspector General (OIG)

16.4.1 This clause is applicable to any Contract regardless of the amount or the manner into which it was entered.

16.4.2 For the avoidance of doubt, nothing in this Contract shall limit the OIG's authority under the

Inspector General Act to examine the Contractor's books, documents, papers, etc.

16.4.3 The Contractor and any subcontractor shall make notification (including posting notices in each of their respective facilities) to all Contractor and subcontractor employees working on this Contract of the OIG’s hot line telephone number, 1-800-827-3340, and to report any suspected "waste, fraud, or abuse" transactions related to the performance of this Contract.

17.0 FAR 52.232-39, UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.

If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end-user to such clause.

(3) Any such clause is deemed stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

18.0 AGENCY-LEVEL PROTEST CLAUSE (APR 2015)

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In the spirit of transparency and accountability and in accordance with FAR Subpart 33.103, the Contracting Officer (CO) will receive and review all agency protests. Prior to an agency protest submission, all parties shall use their best efforts to resolve concerns raised by an interested party at the CO level through open and frank discussions. If such concerns are not satisfactorily resolved by this means, an interested party may file a protest with the CO, triggering a formal review process. The CO shall carefully consider all protests to the Bureau, whether submitted before or after award, and, prior to issuance of a protest decision, shall seek legal advice. Interested parties may request an independent review at a level above the CO as an appeal of the CO’s decision on a protest. The agency official who is to conduct the independent review is the Senior Procurement Executive (SPE), except in the event s/he has a conflict of interest, in which case an alternative independent reviewer will be utilized.

The Bureau is committed to independent, impartial, and swift resolution of agency-level protests. The CO will make his/her best efforts to resolve agency protests within thirty-five (35) calendar days after the protest is filed. If an appeal is filed, the Bureau’s SPE shall make best efforts to resolve the appeal within fifteen (15) calendar days after the appeal is filed. The CFPB encourages open communication with prospective or unsuccessful bidders and encourages the agency-level process as a means to resolve protests.

Protests filed with the Bureau shall be concise and logically presented to facilitate review. To be considered valid, a Protestor must include the following information as part of its protest:

1. Name, address, and telephone numbers of the protesters

2. Identifying number of the solicitation or contract at issue

3. Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester

4. Copies of relevant documents

5. Request for a ruling by the CFPB

6. Statement as to the form of relief requested

7. All information establishing that the protester is an interested party for the purpose of filing a protest

8. All information establishing the timeliness of the protest

Protests alleging improprieties in a solicitation must be filed before solicitation opening or before the time set for receipt of initial proposals if the improprieties were apparent prior to those times. If an alleged impropriety did not exist in the initial solicitation, but was later incorporated into the solicitation by an amendment, a protest based on that impropriety must be filed before the next closing time established for submitting proposals.

In all other cases, protests must be filed no later than ten (10) calendar days after the interested party knew or should have known the basis of protest, whichever is earlier. If the procurement was conducted on the basis of competitive proposals and the protester has requested a debriefing to which it is entitled, the protester must file no later than five (5) calendar days after the date on which the debriefing was held. An appeal of a CO protest decision must be filed within three (3) calendar days from receipt of the CO’s protest decision. An agency appellate review of the CO’s decision on the protest does not extend GAO’s timeliness requirements.

When a filing deadline falls on a weekend or Federal holiday, the filing deadline is extended to the next business day.

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Documents received after close of business are considered filed as of the next day. Unless otherwise stated, the Bureau close of business is presumed to be 4:30 p.m., Eastern Time.

Use of agency-level protest resolution does not preclude an interested party from using the other protest resolution methods available by law. However, if a protest is filed with a forum outside of the Bureau subsequent to an agency-level protest filing or an appeal of an agency-level protest decision but before the agency-level process has concluded, the agency-level protest or appeal will be considered moot and will be dismissed.

19.0 CONTRACTOR PUBLICITY (MAY 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government may institute all remedies available under applicable law. Further, any violation of this provision may be considered during the evaluation of past performance in future acquisitions.

20.0 DATA RIGHTS (APR 2015)

The Government has unlimited and exclusive rights to all documents/material produced and/or developed under this contract. All documents and materials, to include the source codes of any software, produced and/or developed under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without express, prior written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

21.0 SECURITY REQUIREMENTS (APR 2015)

The Contractor recognizes that, in performing this contract, the Contractor may obtain access to non-public confidential information, Personally Identifiable Information (PII), or proprietary information. The Contractor agrees that it, its employees, its subcontractors, and its subcontract employees will not disclose to any third party, or otherwise use, any information it obtains or prepares in the course of performance under the contract without first receiving written permission from the CFPB. Information acquired by the Contractor pursuant to the performance of the contract shall not be disclosed by the Contractor to others outside the approved Contractor team members and the oversight staff without prior approval by the COR. Under the Contract Disputes Act, any unauthorized disclosure of non-public confidential information, Personally Identifiable Information (PII), or proprietary information is considered a violation of a material term of this contract.

21.1 Contractor Personnel Security

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21.1.1 Pre-Screening of Personnel and Removal of Unacceptable Personnel. All Contractor personnel or any representative of the Contractor entering any government facility or government-leased facility shall abide by all security regulations and be subject to security checks. A Background Investigation (BI) is required for all Contractor personnel (includes subcontractor personnel) who are:

a. Working on-site; or

b. Accessing Bureau systems; or

c. Accessing Bureau data which, if misused, would likely cause significant harm; or

d. Representing the Bureau in a significant capacity.

All information collected under this contract shall be considered procurement sensitive.

Contractor staff meeting any of the above criteria shall be United States citizens and must be able to pass a BI.

An exception from the citizenship requirement may be requested for Low Risk or Moderate Risk positions. For Low Risk positions, the contractor staff must be a Legal Permanent Resident (LPR). For Moderate Risk positions the Contractor staff must be a LPR with at least three or more consecutive years of physical U.S. residency, as indicated on the USCIS LPR issued Card.

21.1.2 During the performance of the contract, access to the CFPB facilities for Contractor representatives shall be granted as deemed necessary by the Government. All Contractor employees whose duties under this contract require their presence at any CFPB facility shall be clearly identifiable by a distinctive badge furnished by the Government.

21.1.3 In addition, corporate identification badges shall be worn on the outer garment at all times. It is the sole responsibility of the Contractor to provide this corporate identification. All on-site Contractor personnel shall abide by security regulations applicable to that site.

21.1.4 The COR may direct that certain personnel that may be exposed to Control Unclassified

Information (CUI) data meet additional security requirements. CUI data includes, but is not limited to, information that is protected from disclosure by the Privacy Act, 5 U.S.C. § 552a.

Any CUI data acquired during the contract performance, which is specific to this CFPB engagement, shall be destroyed or disposed of by the Contractor within 20 days after the contract closeout’s effective date.

21.1.5 The Contractor shall ensure that any such applicable personnel working under this contract, including subcontractors, meet the following requirements to protect against unauthorized disclosure of CUI data.

a. All applicable personnel shall be United States Citizens, or Lawful Permanent

Residents with an approved exception.

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b. All personnel shall be subject to Minimum Background Investigation (MBI) in accordance with the CFPB Standard. Contractors are expected to exercise due diligence in their hiring process. Contractors that are able to certify fingerprint based criminal background checks for, at a minimum, the jurisdictions in which they live and work, verification of past employment and education as part of their hiring process may have their employees begin working upon the submission of the required documents.

Contractors who cannot certify that they include these elements as part of their hiring process must wait for the results of the CFPB fingerprint based criminal history records check to be successfully completed.

(1) Applicable personnel shall not begin working on the contract until all security forms have been properly completed, submitted to the COR for processing, and vetted and approved by CFPB’s Office of Security Programs, as follows:

a. Completed fingerprint cards

b. Non-disclosure Agreement

c. Fair Credit Reporting Act Release

d. SF 85-P, “Questionnaire for Public Trust Positions”

c. Personnel performing work in positions deemed to be high risk must complete a

Background Investigation (BI) and must be US Citizens. Applicable personnel shall not begin working on the contract until all security forms have been properly completed, submitted to the COR for processing, and vetted and approved by CFPB’s Office of Security Programs, as follows:

1. Completed fingerprint cards

2. Non-disclosure Agreement

3. Fair Credit Reporting Act Release

4. SF 85P

5. Optional Form 306

d. Applicable personnel shall wear CFPB-issued identification badges when working in

Government facilities.

e. Applicable personnel who undergo investigations that reveal, but are not limited to, the following may be unacceptable under this contract: conviction of a felony, a crime of violence or a serious misdemeanor; a record of arrests for continuing offenses; or failure to file or pay Federal income tax. CFPB reserves the right to determine if a Contractor employee assigned to a task shall continue with the task. The Contractor shall agree to remove the person assigned within one business day of official notification by the Government and provide a replacement within five business days. New hires or substitutions of personnel are subject to the same investigation requirement.

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21.1.6 Non-Disclosure Agreement. The Contractor shall be required to sign a non-disclosure agreement regarding all deliverables and other pertinent information relative to this requirement. All information provided by the government shall be returned to the government at the conclusion of the contract. In addition, the Contractor must have provided the personnel associated with the contract, all security and privacy awareness training and all other requirements contained in the FISMA regulations, NIST guidelines and all other public law, which shall include those requirements of the Federal Acquisition Regulation (FAR).

Classified information will NOT be made available to the Contractor.

21.1.7 The Contractor shall not conduct employee terminations or removals in CFPB owned or leased space.

21.2 FAR 52.204-9, PERSONNEL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under the contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

1. When no longer needed for contract performance.

2. Upon completion of the Contractor employee’s employment.

3. Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under the contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a federally controlled facility and/or routine access to a federally controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

22.0 UNIVERSAL ACCESS AND DESIGN (APR 2015)

22.1 The contractor is responsible for ensuring that all Electronic and Information Technologies (EIT) deliverables meet or exceed accessibility and usability design requirements under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.