9531CB19Q0015_A0001.pdf

(x)

9531CB19Q0015

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

CFP

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

Bureau of Consumer Financial Protec

01/07/20190001

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/07/2019

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Moving of Data Center equipment (in accordance with the attached Statement of Work), amendment 0001. The purpose of this amendment is to remove references to "GSA

Schedule(s)". This solicitation is not being conducted as a GSA Schedule (FSS) acquisition.

All other terms, conditions and provisions remain as stated.

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

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

(Signature of person authorized to sign) (Signature of Contracting Officer)

PEGGY J. WRIGHT

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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

REQUEST FOR QUOTATION

9531CB19Q0015

DISCONNECTION, MOVING, AND REINSTALLATION OF

OFF-SITE DATA CENTER EQUIPMENT

AMENDMENT 0001

Table of Contents

A. Standard Form (SF)1449;

B. Continuation of SF1449

C. Contract clauses-

(1) 52.212-4, Contract Terms and Conditions-Commercial Items

(2) Addendum to 52.212-4 (Local Clauses);

(3) 52.212-5, Contract Terms and Conditions Required to Implement Statutes and

Executive orders

D. List of Attachments

E. Solicitation Provisions-

(1) 52.212-1, Instructions to Offerors-Commercial Items

(2) 52.212-2, Evaluation-Commercial Items

(3) 52.212-3, Offeror Representations and Certifications-Commercial Items http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

9531CB19Q0015 – Amendment 0001 Moving of Enterprise Data Center Equipment

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B. CONTINUATION OF SF1449

SCHEDULE OF SUPPLIES, SERVICES, AND PRICES

1.0 GENERAL

The Bureau of Consumer Financial Protection (formerly the Consumer Financial Protection Bureau (CFPB), is herein referred to as “the Bureau,” and “BCFP”), Technology and Innovation Team, is seeking to award a single Delivery Order for moving enterprise data center equipment from the current data center in Miami, Florida to a new data center location in Washington, District of Columbia.

2.0 PRICING

To be incorporated at time of award

3.0 SCOPE

The BCFP T&I Office requires the services of an authorized Dell reseller to uninstall and move Enterprise Data Equipment currently located in Miami, Florida, delivering the equipment in Washington, DC. The equipment will then be reinstalled at the BCFP Headquarters offices.

4.0 SERVICES

Services required under this order include:

• Assisting in the shutting down of identified equipment;

• Un-racking the equipment, and ;

• Secure packaging and transporting of equipment, and;

• Reinstallation of equipment

Once the equipment is at the new location, trained engineers from Dell will be required to reinstall the same equipment, as well as powering on the same equipment at the new location. Logical unit number (LUN) configuration, data migration or other similar services will not be required.

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5.0 REQUIREMENTS.

5.1 Authorized Reseller. In order to protect the warranty coverage of the equipment, all services must be performed by a certified Dell reseller authorized to perform these services. Reseller authorization shall be submitted as part of the quotation.

5.2 Insurance. Insurance must be provided and maintained, at the Contractor's expense, during the period of performance of services contemplated hereunder, underwritten by companies acceptable to BDFP and including such terms and conditions as required by BCFP and the Data Center. A Certificate of Insurance for the cargo, Worker's Compensation, vehicular and public liability insurance policies shall be provided to the Contracting Officer and COR within 1 week of issuance of this order.

5.2.1 Minimum Requirements. The Contractor shall maintain at the minimum:

• Public Liability and Property Damage Insurance Public liability and property damage insurance for claims for bodily injury (including death) and property damage (including destruction) as required by applicable federal, state or local law governing the services described herein. Minimum of $2,000,000 of insurance shall be maintained for these services.

• Automobile Liability Insurance Automobile liability insurance as required by applicable law with such limits and endorsements as are reasonably required to protect CFPB and/or any consignee from any loss suffered in any way related to the services performed hereunder.

• Warehousing and Carrier Legal Liability Insurance o Warehousing legal liability insurance in the amount of replacement value of the goods in care, custody and control held in storage with such limits and endorsements as are reasonably required to protect CFPB and/or any consignee from any loss suffered in any way related to the services performed hereunder.

o Carrier legal liability insurance in the amount of replacement value of the goods in care, custody and control carried with such limits and endorsements as reasonably required to protect CFPB and/or

6 | P a g e any consignee from any loss suffered in any way related to the services performed hereunder.

• Worker’s Compensation Insurance The Contractor also agrees to maintain worker's compensation and other legally required insurance in form and amounts as required by law. In the event any work is permitted to be subcontracted, the Contractor will require any subcontractor to maintain worker's compensation and other legally required insurance in form and amounts as required by law.

• Endorsements All such insurance shall be endorsed to name as additional insureds BCFP, BCFP’s Representative, all building owners as required, and all parties indicated; shall contain a gross liability clause; shall insure the contractual liability of indemnity required from the Contractor; shall waive all rights of subrogation against BCFP, its officers, employees, directors, representatives and agents, and; shall provide BCFP with at least thirty

(30) days advance written notice of any modification or cancellation materially adverse to BCFP’s interest.

6.0 TASKS

6.1 Planning:

• Review the site environmental and technical readiness requirements.

• Confirm readiness review and installation dates and highlight stringent dependencies on complete Customer site readiness and product ship dates to meet the planned installation schedule.

• Ensure that the Customer reviews, understands and accepts the terms and conditions of this Service.

• Identify/validate all equipment that will be involved in move.

• Capture all Dell service tags and validate warranty information.

• Label all interconnect and power cabling, as necessary, to facilitate equipment move.

• Document cabling scheme for non-Dell storage devices.

• Document existing and new rack layout of equipment for destination location installation.

• Document device shutdown and power up order procedures.

• Verify new site location readiness.

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6.2 Data Center Equipment Move Key Tasks:

• Verify hardware functionality, documenting and notifying BCFP of any issues.

o For Dell devices validate proper functionality and connectivity and that there are no current visual fault indicators or codes.

o For non-Dell devices, ensure that there are no visible fault indicators on devices.

• Power off devices per documented shutdown order.

• Un-rack identified devices from existing data center racks and place in a centralized staging area within the immediate area of the current data center.

• Remove all device cabling and device rail kits from current racks.

• Using Dell provided packaging, package devices for shipment to destination location.

• Transport packaged devices to new location.

• Unpack and inspect devices prior to installation.

6.3 Device installation:

• Mount rack related hardware (such as rails, brackets and tray) onto the rack.

• Mount devices into the rack per the documented rack layout.

• Install and route interconnect cabling; including power Ethernet, KVM and fibre cables, as necessary

• Power up devices per documented power up procedure.

• Verify hardware functionality and notify BCFP of any issues.

• For all Dell devices validate proper functionality and connectivity and that there are no current visual fault indicators or codes.

• For non-Dell devices, validate that there are no visible fault indicators on devices.

7.0 EQUIPMENT DETAILS

The following equipment will be uninstalled, moved from Miami, FL to Washington, DC, and reinstalled:

Rack # Manufacturer Model Quantity Dell Service Tag NAP.MIA.4_S096 Brocade 6510 1 6J9Y7P1 NAP.MIA.4_S096 Dell Compellent SC8000 - 1 GG3KDX1

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Rack # Manufacturer Model Quantity Dell Service Tag controller

NAP.MIA.4_S096 Dell Compellent

SC8000 -

controller

1 GG2HDX1

NAP.MIA.4_S096 Dell Compellent sc200 - disk enclosure

1 JD7YFX1

NAP.MIA.4_S096 Dell Compellent sc200 - disk enclosure

1 GJ3KDX1

NAP.MIA.4_S096 Dell Compellent sc200 - disk enclosure

1 GJ4HDX1

NAP.MIA.4_S096 Dell Compellent sc200 - disk enclosure

1 78SNBY1

NAP.MIA.4_S096 Dell Compellent sc200 - disk enclosure

1 78TLBY1

NAP.MIA.4_S096 Dell Compellent sc200 - disk enclosure

1 78TMBY1

NAP.MIA.4_S096 Dell Compellent SC220 - disk enclosure

1 78PLBY1

NAP.MIA.4_S096 Dell Compellent SC220 - disk enclosure

1 78NMBY1

NAP.MIA.4_S096 Dell Compellent SC220 - disk enclosure

1 78PMBY1

NAP.MIA.4_S096 Dell Compellent SC220 - disk enclosure

1 78NNBY1

NAP.MIA.4_S096 Dell EqualLogic PS6110 1 DGQGH02 NAP.MIA.4_S096 Dell EqualLogic PS6110 1 J0jxhx1 NAP.MIA.4_S096 Dell EqualLogic PS6110 1 Gxbypw1 NAP.MIA.4_S096 Dell EqualLogic PS6110 1 48f77y1

NAP.MIA.4_R096

Dell PowerConnect

8024F 1 H4SRTS1

NAP.MIA.4_R096 Dell Force 10 s4810P 1 9h87vs1

NAP.MIA.4_R096 Dell EqualLogic EqualLogic

PS6210

1 9sksk02

NAP.MIA.4_R096 Dell KVM 1 None

NAP.MIA.4_R096 Dell

2161DS KVM

Switch

1 1yhrv91

NAP.MIA.4_R096 Dell EqualLogic PS6210 1 9SHSK02 NAP.MIA.4_R096 Dell PowerEdge R720 1 5L232Y1 NAP.MIA.4_R096 Dell PowerEdge R720 1 4L232Y1

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Rack # Manufacturer Model Quantity Dell Service Tag NAP.MIA.4_R096 Dell PowerEdge R720 1 2L232y1 NAP.MIA.4_R096 Dell PowerEdge R720 1 7SV36X1 NAP.MIA.4_P096 Dell EqualLogic EqualLogic 6510 1 69t72y1 NAP.MIA.4_P096 Dell EqualLogic EqualLogic 6510 1 HLT72y1

NAP.MIA.4_P096 Dell Compellent SC280 disk enclosure

1 H9482Y1

NAP.MIA.4_P096 Dell Compellent SC280 disk enclosure

1 JD382Y1

NAP.MIA.4_P096 Dell Compellent SC280 disk enclosure

1 56482Y1

NAP.MIA.4_P096 Dell Compellent SC280 disk enclosure

1 D9482Y1

NAP.MIA.4_S096

Dell PowerConnect

8024 1 B62STS1

NAP.MIA.4_P096 Dell EqualLogic PS6510 1 GDT72Y1

C. CONTRACT CLAUSES

(1) 52.212-4, Contract Terms and Conditions-Commercial Items, incorporated by reference

(2) Addendum to 52.212-4

8.0 BCFP LOCAL CLAUSES (SEPTEMBER 2018)

In addition to the GSA Schedule Contract Clauses, the following Clauses are hereby incorporated.

8.1 AGENCY LEVEL OF PROTEST (SEPTEMBER 2018)

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

10 | P a g e 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 used.

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 Bureau 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:

-Name, address, and telephone numbers of the protesters -Identifying number of the solicitation or contract at issue -Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester -Copies of relevant documents -Request for a ruling by the Bureau -Statement as to the form of relief requested -All information establishing that the protester is an interested party for the purpose of filing a protest -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

11 | P a g e 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.

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.

8.2 BUREAU DELIVERIES (SEPTEMBER 2018)

Deliveries to the Bureau via US Postal Service or nation-wide delivery services, such as Federal Express or United Parcel Service, should be shipped to 1700 G St, NW, Washington, DC 20552. Deliveries to the Bureau via courier or personal delivery should use 1700 G St, NW, Washington, DC 20006 if delivering to 1700 G Street, NW, or use 1990 K Street, NW, Washington, DC 20006 if delivering to 1990 K Street, NW.

The loading dock at 1700 G Street, NW is located on the back side of the building.

Access to the loading dock is on F Street.

Deliveries must take place between the operating hours of 7:30 am and 4:30 pm local, Monday – Friday, unless otherwise approved and coordinated with a member of the Bureau’s Facilities Operations Management staff in advance of the delivery. All deliveries for the Bureau’s Technology & Innovation (T&I) division, consisting of laptops, printers, servers (or other high dollar items), require a Government T&I employee to accept and sign for any such delivery with the delivery company. The loading dock personnel will notify the contact person when the truck arrives. All large deliveries require, at a minimum, one business day prior notification to a member of the Bureau’s Facilities Operations Management Staff. Contact by email, cfpbfacilities@cfpb.gov (preferred) or by phone, 202-435-9390.

mailto:cfpbfacilities@cfpb.gov

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8.3 BUREAU OFFICE OF THE INSPECTOR GENERAL (OIG) (SEPTEMBER

2018)

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.

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.

8.4 CONTRACTING OFFICER’S AUTHORITY (SEPTEMBER 2018)

The Contracting Officer for this Delivery Order is:

Peggy J. Wright Senior Contracting Officer Bureau of Consumer Financial Protection 1700 G Street NW Washington, DC 20052 Phone Number: 202-435-7355 Email Address: Peggy. Wright@cfpb.gov

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

8.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

DESIGNATION AND AUTHORITY (SEPTEMBER 2018)

The Contracting Officer’s Representative (COR) is:

--To be determined at time of award--

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Performance of work must be subject to the technical direction of the COR identified, 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.

Technical direction must be within scope of the contract. Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five (5) 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 to the price or time/period required for performance or delivery;

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

• Interferes with the Contractor’s right to perform under the terms and conditions of the

[Insert contract type (BPA, task Order, etc.)]; or

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

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, falls within the limitations noted above, the Contractor shall immediately notify the Contracting Officer within a reasonable, mutually agreed upon time.

Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope shall be subject to the terms of FAR clause 52.233-1, Disputes, hereby incorporated by reference.

8.6 CONTRACTOR POINT-OF-CONTACT (POC) (SEPTEMBER 2018)

The Contractor’s POC is identified here:

The POC shall be responsible for the overall management and coordination of this [Insert contract type (BPA, Task Order, etc.)] and shall act as the central point of contact with the Government. The POC shall have full authority to act for the Contractor in the performance of the required supplies/services.

8.7 CONTRACTOR PUBLICITY (SEPTEMBER 2018)

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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.

8.8 COOPERATING WITH OTHER ORGANIZATIONS (SEPTEMBER 2018)

The Contractor(s) agrees to cooperate with representatives of other contractors, Federal Reserve Banks, Federal agencies, Governmental entities, and other organizations, as may be required by the Bureau, but only to the extent such cooperation does not violate the Contractor’s independence, create a conflict of interest, or materially interfere with the Contractor’s performance of services under this [Insert contract type (BPA, Task Order, etc.)].

8.9 CYBERSECURITY/INFORMATION SECURITY (SEPTEMBER 2018)

a. The Bureau of Consumer Financial Protection (BCFP) defines terms consistent with those determined by the National Institute of Standards and Technology (NIST) https://nvlpubs.nist.gov/nistpubs/ir/2013/NIST.IR.7298r2.pdf).

b. The Contractor shall adhere to BCFP information technology (IT) security requirements for all information systems connected to a BCFP network or operated by the Contractor for, or on behalf of, the BCFP, regardless of location. This clause applies to all or any part of the contract that includes information technology, information resources or services for which the Contractor must have physical or electronic access to BCFP information.

c. BCFP information technology and information provided to contractors shall remain in the United States. The accessing, maintenance, operation, and/or processing of BCFP technology and information must take place, and originate from, within the United States.

d. The Contractor shall maintain a complete and accurate inventory of all BCFP-provided data. Upon request by the Contracting Officer (CO) or the Contracting Officer’s Representative (COR), the inventory shall be made available for inspection.

e. The Contractor facility hosting BCFP information resources must meet all applicable federal, state, and local zoning, environmental, and building laws and regulations.

https://nvlpubs.nist.gov/nistpubs/ir/2013/NIST.IR.7298r2.pdf

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The facility must include protection against unauthorized access at all hours, including alarms and notification systems should such protection be breached.

f. Confirmed or suspected security compromises to BCFP information must be reported to the CO or COR within 60 minutes of discovery by the Contractor.

g. The Contractor shall grant the Government access to all facilities and information resources used in support of the contract. The BCFP shall conduct annual reviews to ensure that the security requirements in the contract are implemented, enforced, effective, and operating as intended. These reviews include, but are not limited to, comprehensive technical testing of the control environment used to safeguard BCFP information resources.

h. At the expiration of the contract, the Contractor shall return all BCFP information resources provided to, or generated by, the Contractor during the period of the contract. The Contractor shall provide certification that all BCFP information has been sanitized from any non- GFE information system in accordance with BCFP standards and procedures. All equipment sanitization procedures must be environmentally sound as outlined by the U.S. Environmental Protection Agency

(EPA).

i. The Contractor shall comply with the Bureau’s Asset Management Policy and is responsible for:

1. Using and protecting their assigned equipment in accordance with the Acceptable

Use Policy and Guidance laid out in the Facilities Non-IT Asset Management Directive and IT Asset Management Directive;

2. Providing access to their assigned equipment when requested by the responsible Asset Management team; and

3. Immediately reporting the loss or theft of IT hardware or software upon discovery to the COR, the BCFP Security Office at extension 59001 or (202) 435-9001, and to the Service Desk at extension 57777 or (202) 435-7777.

j. For the purposes of application development, the BCFP encourages and prefers the use of web- based, commercial-off-the-shelf solutions. The Contractor shall use Web-based applications configured to work with multiple browser and operating system types and may not favor one browser type over another.

k. The Contractor will adhere to BCFP common security configurations and practices.

Security configurations and practices include:

1. The provider of information technology shall certify applications are fully functional and operate as intended on systems using the United States Government Configuration Baseline (USGCB) and other operating system and application standards.

2. Final acceptance of the product will be based on the BCFP interpretation of the National Institute of Standards and Technology, National Checklist Program Repository (NIST, NCPR). Checklists are available at the NIST, NCPR website.

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In situations where security configurations are not available for proposed technologies, the BCFP shall provide instruction.

3. The installation, operation, maintenance, and update of software shall not alter any BCFP-accepted or established security configuration.

4. Applications designed for users shall run in standard user context without elevated system administrator privileges.

l. Products specifically designed for the purpose of Information Assurance (IA), and designated as such by the BCFP, may be exempted from these common security configuration requirements, such exemptions must be reviewed by the BCFP Information System Security Manager (ISSM) and approved by the BCFP’s Authorizing Official, which is normally the Chief Information Officer. Non-GFE IT is exempted by the BCFP on a case-by-case basis.

m. The Contractor shall notify the CO or COR within 30 days of any organizational change or impact that may interfere with the full execution of the information security requirements under the contract.

n. Throughout the term of the contract, should the Contractor deliver a product or provide a service that does not meet (and maintain) BCFP’s information security requirements, the Contractor, at their own expense, shall correct non-compliant deliverables within 90 days of notification by the CO.

o. The Contractor shall maintain a computing environment with adequate security at all times. This includes, but is not limited to, the description and documentation of the processes and procedures that the Contractor shall follow to ensure the security of IT resources that are developed, processed, transmitted, used, or maintained under this contract and comprehensive technical testing of the Contractor’s computing environment by the BCFP.

p. Prior to the execution of the contract, the BCFP may validate adequate security controls in the Contractor environment. When a validation is required, the validation will be conducted by the BCFP as part of an on-site inspection process.

q. Contractors providing services that are Federal Risk and Authorization Management Program (FedRAMP) certified shall ensure their FedRAMP packages remain current throughout the life of the contract.

r. The Contractor shall demonstrate, upon request by the CO or COR, the technical, operational, and management safeguards that protect the confidentiality, integrity, and availability of BCFP information that it develops, processes, transmits, uses, or maintains during the execution of this contract. This demonstration may include the delivery of artifacts within the scope of the FedRAMP package and independent from FedRAMP artifacts.

s. The Contractor shall ensure its computing environment complies with Federal laws that include, but are not limited to, the Federal Information Security Modernization

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Act of 2014 (FISMA); and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130, FIPS Publications 199 and 200, and BCFP Information Security Standards (CS-S-01). Copies of these documents are maintained by the BCFP Office of Cybersecurity and are available upon request. Failure to maintain compliance with applicable statutes, regulations, and guidance is a breach of the contract. The CO or COR may conduct an on-site inspection to ensure compliance.

t. The Contractor shall maintain an active information security program. The program shall specifically address methods regarding handling and protecting BCFP information at the Contractor’s site (including any information stored, processed, or transmitted using the Contractor’s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

u. The Contractor, as deemed necessary, may use additional safeguards other than as provided for by the contract to prevent use or disclosure of BCFP information.

v. The Contractor shall, at its own expense, take action to mitigate any harmful effect that is known to the Contractor of a use or disclosure of BCFP information by the Contractor in violation of the requirements of this clause.

w. The Contractor shall not use meta-data about BCFP’s use of the service for any purpose except for troubleshooting, technical performance monitoring, or ensuring security and functionality of the service.

x. The BCFP Office of Cybersecurity maintains information on current information security requirements and standards, and will provide details to the Contractor as needed after contract award. The CO or COR will notify the Contractor of any substantive changes to information security requirements that have a significant impact on the Contractor’s information security oblations under the contract.

8.10 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (INVOICE

REQUIREMENTS) (SEPTEMBER 2018)

a. Definition. As used in this clause, “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.

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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.

e. Each payment request submitted shall be supported by appropriate documentation necessary to substantiate the request.

For non-firm-fixed-price contracts/CLINs (e.g. Time and Materials/Labor-Hour contracts), payment requests shall be submitted in accordance with this local clause, FAR 52.212-4, Contract Terms and Conditions- Commercial Items Alternate 1 and/or FAR 52.232-7, Payments Under Time-and-Materials and Labor-Hour Contracts, and include, but are not limited to:

Contractor's name and address;

Contract/order/call number (including a reference to any base award for Indefinite-

Delivery/Indefinite-Quantity Contracts or Blanket Purchase Agreements);

Period of Performance;

Invoice number;

Project name;

Percentage complete;

Labor categories;

Labor hours worked per labor category with backup documentation supporting hours worked (e.g., timesheets);

Labor rate;

Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed; and If applicable, itemized other direct costs (e.g. travel costs) and receipts.

For firm-fixed-price contracts/CLINs, payment requests shall be submitted in accordance with this local clause and FAR 52.212-4(g), Contract Terms and Conditions- Commercial Items, and include, but are not limited to:

Contractor's name and address;

Contract/order/call number (including a reference to any base award for Indefinite-

Delivery/Indefinite-Quantity Contracts or Blanket Purchase Agreements);

Period of performance;

Invoice number;

Project name;

Percentage complete;

List completed deliverables per the statement of work along with associated fixed pricing per the contract schedule;

Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed; and

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If applicable, itemized other direct costs (e.g. travel costs) and receipts.

Payment requests shall be submitted by the 15th calendar day of each month following the month of performance and shall meet the approval of the Contracting Officer Representative (COR). A report showing the accomplishments by individual contractors shall accompany the invoice. For payment and invoice questions, go to https://www.ipp.gov or contact the Accounting Services Division at (304) 480-8000 or via email at AccountsPayable@fiscal.treasury.gov.

8.11 GOOD FAITH EFFORT CERTIFICATION (SEPTEMBER 2018)

I. Certification – Upon receipt of a contract award with a dollar obligated value greater than or equal to the Simplified Acquisition Threshold in value, the Contractor must submit this Certification to the Bureau of Consumer Financial Protection (BCFP) certifying that:

a. It is committed to equal opportunity in employment and contracting; and

b. It has made and will continue to make, or will make during the course of this contract, a Good Faith Effort to ensure, to the maximum extent possible, the fair inclusion of minorities and women in its workforce and in the workforces of its applicable subcontractors.

II. Definitions – For the purposes of this certification:

a. “Minority” shall have the meaning set forth in Section 342 (g) of the

Dodd- Frank Wall Street Reform and Consumer Protection Act, 12 U.S.C.

5452(g); and

b. “Good Faith Effort” shall include actions by the Contractor, consistent with applicable law, intended to identify and, if present, to remove barriers to minorities and women within its workforce or expand employment opportunities for minorities and women within its workforce by means such as recruiting minorities and women, providing job-related training, or other activity that could lead to those results.

III. Contractor Obligations:

a. Prime Contractor – For prime contracts having a dollar obligated value greater than or equal to the Simplified Acquisition Threshold, the Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce.

b. Subcontractors – The Contractor shall insert the substance of the above clause (I.a. & I.b.) as a contractual condition in all subcontracts under this https://www.ipp.gov/ mailto:AccountsPayable@fiscal.treasury.gov

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c. Good Faith Effort –For purposes of this contract, “Good Faith Effort” shall include actions by the Contractor intended to identify and, if present, to remove barriers to minority and women employment or to expand employment opportunities for minorities and women within its workforce.

Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or other activity that could lead to those results.

IV. Documentation– Within thirty (30) business days of a written request from the BCFP OMWI, or such longer time as the Contracting Officer determines, the Contractor shall provide documentation, satisfactory to the Bureau, at no additional cost to the Government, summarizing the actions it (and, as applicable, its subcontractors) have undertaken reflecting its Good Faith Effort to comply with the aforementioned provisions. The documentation may include, but is not limited to, the following:

a. A completed Contractor Diversity Profile form;

b. A written Affirmative Action Plan – Actions taken and plans made by the

Contractor, consistent with applicable law, intended to identify and, if present, to remove barriers to minorities and women within its workforce or to expand employment opportunities for minorities and women within its workforce by means such as recruiting minorities and women, providing job-related training or other activities that that could lead to those results (e.g., the Department of Labor Office of Federal Contract Compliance Program (OFCCP) Affirmative Action Plan);

c. The total number of the Contractor’s employees, broken down by position, race, ethnicity, and gender (e.g., the US Equal Employment Opportunity Commission Employer Information Report EEO-1);

d. Where applicable, a list of subcontracts awarded under the contract that includes: dollar obligated amount, date of award, and subcontractor’s minority and/or women ownership status;

e. With respect to subcontracts with a dollar obligated value greater than or equal to the Simplified Acquisition Threshold , where applicable, the total number of subcontractor’s employees broken down by position, race, ethnicity, and gender;

f. Actions taken by the Contractor to ensure that minorities and women have appropriate opportunities to enter and advance within its workforce; and

g. A complete copy of a prior GFE submission in the event a Contractor has, within the last two years, submitted information summarizing the actions it (and, as applicable, its subcontractors) have undertaken reflecting its

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Good Faith Effort to comply with Section 342 of the Dodd Frank Act, to the BCFP or to another agency subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act or to a voting member of the Financial Stability Oversight Council (FSOC).

V. Failure to Comply:

a. Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 12 U.S.C. 5452(c)(3), a failure, in response to a request, to demonstrate to the Director of the BCFP Office of Minority and Women Inclusion (OMWI) a Good Faith Effort to include minorities and women in the Contractor’s workforce (and as applicable, the workforce of its subcontractors), may be cause for contract termination, referral to the Office of Federal Contract Compliance Programs, or other appropriate action.

b. Compliance with this clause does not, however, necessarily satisfy the requirements of Executive Order 11246, as amended, nor does it preclude OFCCP compliance evaluations and/or enforcement actions undertaken pursuant to that Order.

VI. Contract Awards Less Than the Simplified Acquisition Threshold:

a. A Contractor awarded a contract with a dollar obligated value of less than the Simplified Acquisition Threshold is encouraged, but not required, to submit the aforementioned relevant documentation to BCFP OMWI.

Voluntary completion of the questionnaire and submission of documentation assists BCFP OMWI in capturing and reporting relevant metrics. A Contractor awarded a contract valued below the required reporting threshold that voluntarily submits documentation will not be penalized as a result of the resulting Good Faith Effort evaluation.

VII. Submission:

a. Contractors are required to electronically submit this Certification to the

Contracting Officer and CFPB_OMWI@cfpb.gov within fifteen (15) business days after the effective date of the contract award and every two years thereafter until contract expiration or termination. Contractors may, upon request by the Contracting Officer, COR or OMWI, be required to submit updated information until contract expiration or termination.

b. Contractors are required to electronically submit any additional required documents to the Contracting Officer and CFPB_OMWI@cfpb.gov within thirty (30) business days after the date of request. The electronic submission must contain:

i. In the subject headline: “Good Faith Effort documentation for

Contract # (Insert Referenced Contract Number)”.

mailto:CFPB_OMWI@cfpb.gov mailto:CFPB_OMWI@cfpb.gov

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ii. In the body of the submission: Company Information: Company Name, Contact Name, Title, Phone Number, Email Address, Mailing Address, Website and DUNS Number.

The Contractor hereby certifies that it will comply with the terms of the conditions set forth in the above sections.

The undersigned does hereby certify and acknowledge to the BCFP that, by signing this document, the undersigned is fully authorized to act on behalf of and to bind the Contractor by virtue of the Contractor Doing Business Agreement or Sole Proprietorship documents, By-Laws, organizational documents, Operating Agreement, Partnership Agreement, Trust Agreement, Authorization to Act Agreement, and/or any Incumbency Statement or Resolution to Act signed by either the managing member, managing partner, Trustee, or corporate secretary.

Contractor Printed Name and Title

Contractor Signature Date

8.12 GSA CONTRACT REQUIREMENTS (SEPTEMBER 2018)

In accordance with FAR 8.405-3(d)(3), at the time of establishing this Task Order, the Contractor must have a valid GSA Schedule that covers the full potential ordering/performance period in effect (including options), and which is posted at the GSA e-Library. Failure to comply will result in the Contractor not being eligible for award.

8.13 HOURS OF OPERATION AND COVERAGE (SEPTEMBER 2018)

The Contractor is responsible for conducting business between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except Federal holidays (listed on the Office of Personnel Management’s (OPM) website at www.opm.gov) or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. However, certain contracts do require a 24/7 on-site operation schedule. The hours of operation are specifically stated in these contracts.

For other than firm-fixed-price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within the

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Statement of Work when the Government facility is not closed for the above reasons.

When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. Under special circumstances in order to meet tight deadlines or deliverable schedules, contractors supporting other than firm-fixed-price contracts may be required to provide services outside the stated schedule, including weekends, Government observed holidays or Government directed closings. The Contracting Officer’s Representative (COR) must approve, in advance, any exceptions to services performed outside of the stated schedule.

8.14 INSPECTION OF BOOKS & RECORDS (SEPTEMBER 2018)

The Contractor agrees that the Bureau of Consumer Financial Protection (BCFP) (including its authorized representative and/or its Office of Inspector General) (collectively, "BCFP") 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 BCFP shall have the same rights to the subcontractor books, documents, papers and records as specified above.

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 BCFP, shall continue until such litigation, claims, or exceptions have been disposed of, and BCFP has specified in writing that exception is no longer being taken.

8.15 INVOICE SCHEDULE (SEPTEMBER 2018)

The payment schedule shall be as follows:

8.16 KEY PERSONNEL (SEPTEMBER 2018)

The following personnel are considered key personnel by the Government for this contract:

Name: Title:

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The Contractor shall provide a contract manager who shall be responsible for the performance of work under this contract. The name of this person, and an alternate, shall act for the Contractor when the manager is absent, and shall be designated in writing to the Contracting Officer (CO/Contracting Officer’s Representative (COR). The contract manager, or alternate, shall have the full authority to act on behalf of the Contractor on all contractual matters relating to daily operations under this contract. The contract manager, or alternate, shall be available to the CO/COR between the hours of [ TBD ]

8.17 LANGUAGE REQUIREMENTS (SEPTEMBER 2018)

Contractor personnel assigned to perform tasks under the Task Order must be able to fluently read, write, speak, and understand the English language.

8.18 NON-DISCLOSURE (SEPTEMBER 2018)

a. The Contractor recognizes that, in providing services under this contract, the

Contractor may obtain access to or may become aware of non-public information that is confidential in nature pursuant to the Bureau’s regulations at 12 CFR Part 1070, et seq,.(including but not limited to information that may be privileged or proprietary in nature or contain Personally Identifiable Information (PII) and/or qualifies as Controlled Unclassified Information (CUI), as that term is defined under Executive Order 13556 (November 4, 2010) Without prior written approval by the Contracting Officer Representative (COR) or unless otherwise permitted by law, information acquired or prepared by the Contractor pursuant to providing services under this contract shall not be:

1. used by the Contractor for any purpose other than to perform work under the contract or

2. disclosed by the Contractor to others outside:

i. the approved Contractor personnel whether that personnel is providing services under this contract or another Bureau contract or

ii. the Government personnel serving in an oversight role or participating on a “need to know” basis.

b. The Contractor shall secure acquired or prepared information in a location with access limited to only the personnel groups previously stated or in a location that is determined by the COR to be acceptable.