9531CB20Q0057 - Diversity Training Amendment 2.pdf

9531CB20Q0057

Diversity & Inclusion Training and E-Learning Resources Section One – Introduction

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DIVERSITY & INCLUSION TRAINING and E-LEARNING RESOURCES

TABLE OF CONTENTS

SECTION A SF1449

SECTION B SCHEDULE OF SERVICES

B.1 Introduction

B.2 Scope of Services/Statement of Work

B.3 Schedule of Prices

B.4 Ordering Period and Period of Performance

SECTION C CONTRACT CLAUSES

C.1 FAR 52.212-4, Contract Terms and Conditions-Commercial Items

C.2 Addendum to FAR 52.212-4

C.3 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive orders

SECTION D CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

SECTION E SOLICITATION PROVISIONS

E.1 52.212-2, Evaluation-Commercial Items

E.2 Addendum to FAR 52.212-1

E.3 Far 52.252-1 Solicitation Provisions Incorporated by Reference

SOLICITATION ATTACHMENTS AND EXHIBITS

Attachment 1 – Price Tables Attachment 2 – Non-Disclosure Agreement Exhibit A – Past Performance Questionnaire Exhibit B – Sample Small Business Subcontracting Plan

Section One – Introduction

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THIS PAGE INTENTIONALLY BLANK

Section B

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SECTION B – SCHEDULE OF SERVICES

B.1 INTRODUCTION

1.0 OVERVIEW

1.1 Request for Quote. This is a Request for Quote (RFQ) under Federal Acquisition Regulation (FAR) Part 12 to establish one or two Indefinite Delivery/Indefinite Quantity (IDIQ) contract(s) to obtain Diversity & Inclusion Training and E-Learning Resources for the Consumer Financial Protection Bureau (CFPB or Bureau). CFPB prefers to award one contract to one vendor for both task areas but reserves the right to award two IDIQ contract(s), one for each task area, to two vendors from this RFQ. The Bureau reserves the right to issue a single award, two awards, or no awards for the services requested in this RFQ. A contract will be issued to the Offeror(s) who submit(s) a response that represent the best value to the Government for each task area, as defined in this

RFQ.

The Bureau’s Office Minority and Women Inclusion (OMWI), in furtherance of its mission to maximize the fair inclusion and utilization of minorities, women, and minority-owned and women-owned businesses in all business and activities of the agency (including in procurement), is strongly encouraging those businesses qualified to provide the services enclosed in the RFP to submit a response.

1.2 Background Information. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 established the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”), to regulate the offering and provision of consumer products or services under federal consumer financial laws. Consistent with the purposes of the Dodd-Frank Act, CFPB’s mission is to establish and enforce clear, consistent rules for the financial marketplace, protect American families from unfair financial practices, and develop and implement a strategy to improve the financial literacy of consumers.

CFPB's Office of Minority and Women Inclusion’s (OMWI) was established as part of the Section 342 of the Dodd-Frank Act, which created an Office of Minority and Women Inclusion in each of the financial regulatory agencies.

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The OMWI is required to set standards for equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of the agency. One area of focus for the OMWI is to foster a diverse and inclusive work environment that ensures equal employment opportunity for all employees, and mission driven solutions that address the needs of the diverse American consumers. This diversity and inclusion training supports managers and non-supervisory employees in developing and enhancing competencies in fostering a diverse and inclusive work place so that employees can have the skills needed to create relevant solutions for consumers from all backgrounds.

Objective. The objective of this RFQ is to engage contractor support services that contribute to the mission of the Bureau. This requires the contracting of training services and E-Learning resources for diversity and inclusion for managers and employees of the CFPB. The CFPB/OMWI is seeking one or more contractor(s) to provide diversity and inclusion training courses and electronic informational content to: 1) help CFPB supervisors and managers develop and strengthen competencies for fostering and managing diversity and inclusion; and 2) help CFPB non-supervisory employees develop and strengthen competencies for interacting effectively in a diverse and inclusive workplace. Both groups of CFPB staff have had training to increase awareness and understanding, this next level training is intended to focus on skills building and application to the workplace. It includes both training that is mandatory, offered through the OMWI for all managers and staff, and optional training offered to Divisions and ERGs A list of sample training topics for the non-mandatory training is included in Section 2.0 below.

B.2 SCOPE OF SERVICES/STATEMENT OF WORK

1.0 SCOPE. In-person and online training courses (Task Area 1) and the E-Learning resources (Task Area 2) listed in Table 1 below must be provided by the Contractor(s).

Each training course should include an exercise to help participants develop an action plan with examples of concrete actions provided by the Contractor(s). The self-paced E-Learning is intended to serve as a refresher for the mandatory training and should reinforce and extend the learning from the mandatory training.

The Bureau has 1,445 employees, of whom 293 are supervisors. There are 962 employees in the headquarters building in Washington DC. In the Midwest Region

7 | P a g e there are 89 employees (office in Chicago), in the Northeast Region there are 111 employees (office in Manhattan, NYC), in the Southeast Region, there are 106 employees (office in Atlanta), and in the West Region there are 113 employees (office in San Francisco). (64 employees have unspecified locations). For the duration of the pandemic, the Bureau will be doing training virtually.

The Contractor(s) shall provide training content, participant materials, and facilitation for the training. For the mandatory training for managers (one day long) and staff (half day long), the Contractor is expected to design the day long workshop for managers and half day workshop for staff using standard instructional design approaches. Bureau subject matter experts in diversity and inclusion, human resources and civil rights will be available to provide context and perspective to the Contractor. Senior leadership will attend the training for managers in sessions dedicated to senior leadership only.

The Contractor(s) is required to have the capacity to deliver training and informational content using multiple training modalities to accommodate the Bureau’s staff who are in all geographic areas of the continental United States.

Modalities to be used for the diversity and inclusion training include:

• Classroom in-person workshops;

• online training based on the in-person content;

• webinars (both synchronous and asynchronous);

• self-paced online, asynchronous training; and

• e-mail spurts, bulletin announcements, and short video clips.

Specifically, the need is for Contractor(s) that have a demonstrated track record of providing diversity and inclusion training and information, using the modalities above, and have an existing catalog of training workshops, E-Learning, and online informational content that can be customized to the Bureau’s requirements. In addition, the Contractor must demonstrate experience in diversity and inclusion instructional design for developing the mandatory competency-based training. Contractor(s) needs to have experience in customizing non-mandatory training, from their firm’s training catalog, to make the content relevant for the CFPB workplace. Information will be shared with Contractor(s) for use in designing the mandatory training, for customization of their existing training, and as general background information for facilitation. This information includes the Bureau’s diversity and inclusion strategic goals, initiatives in place at the Division level, Annual Employee Survey results, anecdotal information about workplace culture and challenges, input/perspectives from

8 | P a g e the Bureau’s Employee Resource Groups (ERGs) and/or Diversity and Inclusion Council of Employees (DICE), and diversity and inclusion learning needs identified by divisional management.

The types of diversity and inclusion in-person and the online training courses and E- Learning resources required annually are as listed below:

Table 1 – Tasks to be Completed

TASK AREA ONE

One day (in-person or online) mandatory training for managers on managing diversity in a diverse and inclusive workplace. Specifically, design and develop using standard instructional design methods and provide facilitation of the training.

Half-day (in-person or online) mandatory for all non-supervisory employees on interacting effectively in a diverse and inclusive workplace. Specifically, design and develop using standard instructional design methods and facilitation of the training.

Two-hour (in-person or online) by request for Divisions and ERGs TASK AREA TWO (Online Training and Other E-Services) Two-hour self-paced online refresher or skills builder (for individual use)

One-hour online Information Brief (for individual use)

Once Weekly Email Spurts, bulletin announcements, short video clips, etc.

1. The Contractor(s) must use the Bureau's Office of Technology and Innovation

(T&I) Security and Access Protocols and Equipment for class delivery. Within two days of a class, the Contractor(s) must coordinate with CFPB’s IT services that all equipment used for presentations of the class material is ready and conduct a thirty-minute “dry run” for the training facilitator. The Contractor(s) shall not charge CFPB for coordination or for the “dry-run.”

Within one (1) business day prior to each scheduled class, the Contractor(s) must certify to OMWI, through the Contracting Officer Representative (COR), that it has coordinated with CFPB's T&I to ensure that all technology processes to be used for that class delivery are in place.

The Contractor(s) must have an existing catalog of training courses for in-person or virtual training listed in Table 1 above from which Bureau managers and staff can select training through the OMWI office. The Contractor(s) will design the mandatory training using standard instructional design methods and will customize each non-

9 | P a g e mandatory course requested from their existing catalog to address the Bureau’s specific needs. All employees will be required to take the mandatory courses. In addition, the non-mandatory courses will be open to employees. A limited number of courses will be reserved for specific audiences such as members of Bureau and Division leadership.

Impact of this intervention will be measures as follows: changes in Inclusion ratings in the Bureau’s annual employee survey and in the analysis of inclusion data over time, within and across Divisions and demographic groups. Also analyses of focus groups data, listening sessions, barrier analyses, and other EEO data to identify potential problem areas. Successful and effective training will result in employees reporting that they experience the workplace are more inclusive and welcoming than they had in past years, and managers performance in managing employees will be improved.

2.0 TRAINING COURSE REQUIREMENTS.

1. Each course must have blended and interactive training methods (i.e., video, lecture, small group activities, case studies, with interactive participant material).

Lectures, where used should be very brief, and should not be the predominant instructional delivery. Each course should have an action planning module and an evaluation questionnaire at the end of the training.

2. The Contractor(s) must provide participants with workbooks, job-aids, and handouts as appropriate (training materials) to support the learning objectives and to provide useful references to use when back on the job.

3. The Contractor(s) must provide OMWI with copies of the mandatory training designed for the Bureau as well as the customized workshops and training materials, including training manuals and PowerPoint presentation in advance of each scheduled training.

4. The Contractor(s) must specify methods to provide all the training materials to all participants: on-site, online and remote that would allow all participants have an equitable learning experience.

5. CFPB shall receive full copies of all content, including workbooks, job-aids, handouts, and on the job references.

6. All specialized class materials developed by the Contractor(s) specifically for

CFPB use, either printed, electronic, or mixed, will be owned by the Contractor, but the Bureau will have an unlimited license to use all of the content in perpetuity for its employees.

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7. Contractor(s) must provide a hard copy of the presentation at the time of each class.

The hard copy shall not contain fill in blanks or other such items. If team discussions are part of the learning module, example topics for those discussions must be included together with the desired outcome points.

8. The CFPB reserves the right to reschedule a training course at no cost to the government when the course is rescheduled at least 5 business days before the course is scheduled to start and when the course is rescheduled at least 48 hours before the course is scheduled to start for inclement weather and national emergencies.

In addition to the actual delivery of the training, the Contractor(s) will be expected to provide the following services:

• Planning meetings with Bureau subject matter experts to plan and review instructional design methods and content for the mandatory training, and to review and discuss customizations of the non-mandatory training.

• Pre-training planning meetings and needs assessment to determine the level of customization needed for each workshop selected;

• customization of workshops and preparation of training materials, including PowerPoint (PPT) slides and training manuals for use by participants;

• delivery of the training workshops and post-training evaluation, customized to include questions that relate to the Bureau’s annual performance goals;

• completion of a summary report of evaluations and a debriefing meeting with OMWI team to present key observations, lessons learned, recommendations for next level training. The Contractor(s) will also provide copies of all evaluations completed by participants.

The following is a sampling of the topics for managers and for non-supervisory staff that the Contractor(s) should have available to provide, with content for the mandatory training focused on managing differences for managers and on interacting across differences for non-supervisory employees –

- Managing Employees in a Diverse and Inclusive Workplace

- Inclusive Leadership

- Building Inclusive Relationships

- Building Inclusive Relationships (for managers)

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- Working Out Disagreements and Conflict in Diverse Teams

- Working Out Disagreements and Conflict in Diverse Teams (for managers)

- Communicating Across Generational Differences

- Interacting Effectively in Inclusive Teams

- Fostering Inclusive Teams

- Facilitated Dialogues on Selected Topics as Needed

- Generational Differences in the Workplace

B.3 SCHEDULE OF PRICES

1.0 AWARD TYPE. CFPB anticipates awarding one or two multiple year IDIQ contracts in accordance with FAR Part 12 – Acquisition of Commercial Items, to be in effect for a term not to exceed forty-two (42) months; however, the Bureau reserves the right to award one contract or no contracts. Work will be ordered through the issuance of individual Task Orders. Such orders will be issued on a Firm-Fixed Price basis.

2.0 MINIMUM AND MAXIMUM AMOUNTS. During the contract period of performance (including any options exercised), CFPB shall place orders with the IDIQ Contractor(s) totaling a minimum of $10,000 over the life of the contract. The minimum order amounts the CFPB will guarantee the Contractor(s) for the base year is $1,000. The maximum aggregate IDIQ amount for all IDIQs shall not exceed $2,000,000.00 over the life of the contract(s).

3.0 CONTRACT AND TASK ORDER PRICING. The Offeror(s) shall propose fully burdened Labor Rates for the personnel necessary to perform the requirement described in Section B.2. The Offeror(s) must submit detailed pricing information for use in negotiating task orders under this IDIQ Contract (See Attachment 1). Pricing will be included in the awarded IDIQ contracts and shall be used by the Contractor(s) in submitting proposals for specific task orders.

4.0 PAYMENT SCHEDULE. A payment schedule will be specified in each Task Order.

The pricing under the payment schedule must be consistent with the prices specified for each labor category in the Schedule of Services and Prices in the awarded IDIQ(s).

5.0 OTHER DIRECT COSTS. The Contractor(s) shall be reimbursed for the actual cost of Other Direct Costs determined to be allowable in accordance with FAR Part 31 and

12 | P a g e authorized by the Contracting Officer or his/her designee prior to the Contractor(s) incurring the charge.

B.4 ORDERING PERIOD AND PERIOD OF PERFORMANCE

1.0 The ordering period under this IDIQ is from date of award through twelve (12) months. There will be two (2), twelve-month Option Periods to be exercised at the discretion of the Government. In addition, and in accordance with FAR 52.217-8, the Government may extend the services under this IDIQ for a period not to exceed six (6) months.

2.0 The ordering period for any Task Order issued under this IDIQ shall be identified in each Order. All work requested by and performed pursuant to any Task Order issued under the IDIQ shall be within the scope of work and effective Ordering Period identified within the IDIQ. In the event that a Task Order requires performance that extends beyond the Ordering Period in which it was issued, the Contractor(s) shall be required to complete performance within the period set forth in the Task Order, and in accordance with FAR 52.216-22 (d).

Section C

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SECTION C –CONTRACT CLAUSES

C.1 FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018) is incorporated by reference

C.2 Addendum to FAR 52.212-4

C.2.1 CFPB LOCAL CLAUSES

1.0 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 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:

I. Name, address, and telephone numbers of the protesters II. Identifying number of the solicitation or contract at issue

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

IV. Copies of relevant documents V. Request for a ruling by the Bureau

VI. Statement as to the form of relief requested VII. All information establishing that the protester is an interested party for the purpose of filing a protest VIII. 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. 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.

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2.0 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.

3.0 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.

4.0 CONTRACTING OFFICER`S AUTHORITY (SEPTEMBER 2018)

The Contracting Officer for this IDIQ and Task Orders is:

Laurent E. Pichet Consumer Financial Protection Work Phone: 202-435-7571 mailto:cfpbfacilities@cfpb.gov

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Email Address: Laurent.Pichet@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.

5.0 CONTRACTING OFFICER`S REPRESENTATIVE (COR) DESIGNATION

AND AUTHORITY (JUNE 2019)

COR will be designated at the time of award:

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:

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

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

c. Causes a change to the price or time/period required for performance or delivery;

d. Changes any of the terms, conditions, or requirements;

e. Interferes with the Contractor’s right to perform under the terms and conditions of the Blanket Purchase Agreement

f. 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, mailto:Laurent.Pichet@cfpb.gov

17 | P a g e falls within the limitations noted above, the Contractor shall immediately notify the Contracting Officer.

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.

6.0 CONTRACTOR PUBLICITY (SEPTEMBER 2018)

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.

7.0 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 contract.

8.0 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (INVOICE

REQUIREMENTS) (SEPTEMBER 2018)

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.

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 http://www.ipp.gov/

18 | P a g e obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing. If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

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:

a. Contractor's name and address;

b. Contract/order/call number (including a reference to any base award for

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

c. Period of Performance;

d. Invoice number;

e. Project name;

f. Percentage complete;

g. Labor categories;

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

i. Labor rate;

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

k. 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:

l. Contractor's name and address;

m. Contract/order/call number (including a reference to any base award for mailto:ippgroup@bos.frb.org

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

n. Period of performance;

o. Invoice number;

p. Project name;

q. Percentage complete;

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

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

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

Unless otherwise stated in individual orders, 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.

9.0 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 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.

http://www.ipp.gov/ mailto:emailatAccountsPayable@fiscal.treasury.gov

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10.0 INSPECTION OF BOOKS & RECORDS (MARCH 2019)

The Contractor agrees that the Consumer Financial Protection Bureau (CFPB) (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.

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.

11.0 LANGUAGE REQUIREMENTS (SEPTEMBER 2018)

Contractor Personnel assigned to perform tasks under the contract must be able to fluently read, write, speak and understand the English Language.

12.0 NON-DISCLOSURE (MARCH 2019)

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

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i. the approved Contractor personnel whether that personnel are 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.

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. In accordance with the Contract Disputes Act, any unauthorized disclosure of non-public sensitive, confidential, or proprietary information, or Personally Identifiable Information (PII) is considered a violation of a material term of this contract. Classified information will NOT be made available to the Contractor.

Prior to any Contractor personnel (i.e., individual personnel working for the Contractor as an employee or under a subcontract) performing services under this contract, or prior to the Contractor personnel participating in any discussions or receiving any information specific to this contract, each such individual Contractor personnel shall sign a Non- Disclosure Agreement (NDA) [See Attachment 2]. A signed NDA is required for each individual Contractor personnel meeting the criteria stated directly above. Signed NDAs are provided to the COR. If any individual Contractor personnel does not sign an NDA, the individual is not permitted to perform services, participate in discussions or receive information affiliated with this contract. The NDA covers all information relative to this contract that the Contractor may obtain access to or be made aware of, including, but not limited to, all deliverables, documents, or records.

13.0 PLACE OF PERFORMANCE (SEPTEMBER 2018)

Services performed under this contract shall primarily be performed through online methods or at:

1700 G Street NW, Washington DC 20552

Services may also be performed at one of the Bureau’s regional offices located in Chicago, San Francisco, New York or Atlanta.

If multiple locations are stated in the contract, the Contracting Officer’s Representative (COR) will inform the Contractor as to the correct location based on the requirement.

Unless otherwise specified in the contract, the Contractor will not be reimbursed for any

22 | P a g e travel expenses. Contractor personnel may be allowed to telecommute (on a routine or episodic basis) from a remote location only if pre-approved in writing by the Contracting officer or the COR. Approval to telecommute on a routine or episodic basis will be at the COR’s discretion based on the requirement. Before beginning to telecommute, Contractor personnel are subject to a waiting period which will be determined by the COR. If a routine telecommute day(s) is established, the COR may unilaterally incorporate a schedule adjustment that requires the work to be temporarily performed at the primary work location.

The COR will provide notification of such adjustment(s) as soon as possible, but no less than by close of business the prior business day. The COR may also request the Contractor’s PM POC to have their Contractor personnel telecommute due to a building or Government closure due to weather, natural disaster, etc. If telecommuting occurs, the Government is only responsible for providing the Contractor with a means to remotely access the Government network. The Government is not responsible for providing additional equipment, materials or facilities for work performed remotely. The Bureau will not reimburse the Contractor for any expenses incurred by Contractor personnel related to telecommuting, excluding actual time worked while telecommuting. Specific locations will be identified in each task order. The Contractor shall demonstrate the capacity to provide Scorm compliant content that meets ADA 508 Compliance standards.

14.0 PROCESSING OF CONTRACTOR PERSONNEL (SEPTEMBER 2018)

On-boarding: The Contractor’s Project Manager (PM)/Point of Contact (POC) shall ensure that each of their Contractor personnel supporting the contract provides the required documentation and/or performs the required action, as applicable in accordance with requests by CO or COR, stated in the table below. If a form is required, the COR will provide it to the Contractor’s PM/POC following award. Timeframes apply after the award date.

On-boarding Instance Documentation/Action Timeframe

Contractor Personnel’s Initial Security check prior to performing work

Contractor Security Processing Packet (CSPP):

one per Contractor personnel, provided to COR

No later than two (2) business days after Contractor identifies non-key personnel to support contract or after a replacement for key personnel is decided

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Contractor Personnel’s Initial Security Check prior to performing work

Fingerprints, specific to an individual Contractor personnel, provided to Bureau

No later than two (2) business days after Contractor personnel is notified to provide fingerprints, an appointment is scheduled, and fingerprints are provided within (3) business days

Contract Kick-off Meeting or Contractor Personnel’s Start Date (whichever occurs first)

An individually signed Non- Disclosure Agreement for each Contractor personnel supporting the contract, provided to COR

At beginning of Kick-off Meeting or prior to work being performed

Contractor Personnel’s Start Date

Site badge application provided to the COR

No later than start date when reoccurring building access is required

As the Bureau processes each Contractor personnel’s initial security check, the Contractor’s PM/POC shall keep the COR abreast of any changes to its employee’s availability. Upon notice to the Contractor’s PM/POC by the COR that a Contractor personnel’s initial security check is successfully completed, the Contractor’s PM/POC shall coordinate with the COR to determine a start date for each individual. If notice of an unfavorable suitability determination is provided for a Contractor personnel or if a Contractor personnel’s availability changes during the on-boarding process, the Contractor’s PM/POC shall identify a suitable replacement within five (5) business days.

Off-boarding: When Contractor personnel depart during a performance period, voluntarily or involuntarily, the Contractor’s PM/POC shall notify the COR as outlined below. In addition, prior to the contract’s performance period expiring, the Contractor’s PM/POC shall work with the COR to ensure the smooth departure of each Contractor personnel.

Such notification is required in accordance with the Bureau’s “Off- boarding Policy” and “Off-boarding of Contractor Personnel Standard Operating Procedure.” The timing and the means of notifications are outlined below:

Off-boarding Instance Documentation/Action Timeframe

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During contract’s performance period or when contract is expiring

Individual – Contractor Personnel Off-Boarding Checklist, one per Contractor personnel, provided to COR

Initial submission: No later than two (2) weeks prior to the Contractor personnel’s departure date (i.e., last day supporting the contract).

Final submission: No later than the Contractor personnel’s departure date.

When contract is expiring Close-out – Contractor Off- Boarding Checklist, one per contract, provided to COR

Initial submission: No later than two (2) weeks prior to contract’s final performance period end date. Final submission: No later than the contract’s final performance period end date.

The Contractor’s PM/POC shall coordinate with the COR to ensure that the completed Off- Boarding checklists are provided to the COR and that Government-issued items/hard copy documentation are returned prior to the contract’s final performance period end date. Any electronic documentation generated by Contractor personnel while supporting the contract shall be saved to a shared location for access by the COR. Depending on the situation causing a Contractor personnel departure, if the Contractor’s PM/POC is unable to meet the timing requirements above, they shall notify the COR and submit the required documentation/actions as soon as possible.

15.0 PROCESSING OVERPAYMENTS (SEPTEMBER 2018)

Accounts Receivable Conversion of Check Payments to electronic funds transfer (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 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.

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

25 | P a g e technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

Credit Memos: Contractors are allowed, with the Contracting Officer’s written permission, to issue a credit memo when an overpayment is paid by the Bureau. The full overpayment will be credited in full to the Bureau on the next payment request (invoice/voucher). If the credit memo exceeds the payment request, it will be applied to the next payment request.

16.0 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES

(SEPTEMBER 2018)

Contracts are not to be awarded to Government employees or a business concern or other organization owned or substantially owned or controlled by one (1) or more Government employees. For the purposes of the contract, the Contractor is prohibited from using Government employees in any work performed by the Contractor(s) or any of its employees, subcontractors, or consultants.

17.0 RECORDS AND INFORMATION MANAGEMENT (MARCH 2019)

Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chapters 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

The Consumer Financial Protection Bureau (CFPB) owns the rights to all recorded information, regardless of form or characteristics, produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which CFPB shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

CFPB and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CFPB or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Contracting Officer and the Records Management Office. The Bureau must report promptly to NARA in accordance with 36 CFR 1230.

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The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to -know as described in the contract and any orders thereunder. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual…