9531CB20R0009 A2.pdf

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Legal Support Services Federal contract opportunity
Solicitation number
9531CB20R0009
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Consumer Financial Protection Bureau

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9531CB20R0009

x x

1 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

Consumer Financial Protection Burea

07/31/20200002

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

06/22/2020

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.)

The purpose of this amendment is to:

1. Provide answers to vendor questions.

2. Extend the submission deadline to August 17, 2020 at 3:00 pm ET.

See the Q&A and the updated solicitation document attached.

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 .

9531CB20R0009

LEGAL SUPPORT SERVICES

VENDOR QUESTIONS/BUREAU ANSWERS

# Question Answer

1. Is there currently an incumbent company or previous incumbent, who completed similar contract performing these services?

There is no incumbent. A previous BPA covering Paralegal Services only has expired. The incumbent on that BPA was JuriSolutions.

2. If so - can you please provide incumbent contract number, dollar value and period of performance?

The previous BPA was BPA # CFP-15-Z-00003 and was awarded at an estimated $7 million. The Period of Performance was from January 20, 2015 through January 20, 2020.

3. Are you satisfied with incumbent performance? The previous contractor performed the required services well. Note that the previous contract only included paralegal services.

4. Does this opportunity contain local preference? If yes, please provide the details.

While there is no “local preference”, most services will be performed in Washington, DC. Attorney services may be required in other states or jurisdictions where CFPB has ongoing cases.

5. What is the budget of this opportunity? Is Budget approved? As this is an IDIQ, budget for each task order will be approved before issuance of an order. Contractors will be notified of the budget.

6. Is this contract covered by the EO 13706? Please see DOL regulations, 29 CFR part 13. The solicitation has been amended to add the required clause: 52.222–62, Paid Sick Leave Under Executive Order 13706.

Note, this only applies to the paralegal portion of the contract, not the attorney portion as they are not “services employees.” Attorney are “employed in a bona fide professional capacity.” See 41 USC 6701(3)(C); 29 CFR 541.304(a)(1).

7. Can you please confirm, whether the fringe ($4.22) is applicable to this requirement or not?

CFPB can confirm this.

8. Is this position covered by the SCA? If so, what occupation code is utilized for this requirement applicable wage determination?

30361 - Paralegal/Legal Assistant I 30362 - Paralegal/Legal Assistant II 30363 - Paralegal/Legal Assistant III 30364 - Paralegal/Legal Assistant IV

The following WDs have been referenced in this amendment: WD# 2015-4281, WD# 2015-4187, WD# 2105-4471, WD# 2015-5637, and WD# 2015- 5017.

If a Task Order is to be issued for services in another area, Wage Determination for that area will apply, and will be included in the Task Order RFP.

9. Is Project Manager required On-site? The project manager is not required to be on-site.

10. The PWS section 2.0 CONTRACT TASK AREAS states that, “Contractors may be awarded individual IDIQs for one or more of the following areas: a) Paralegal/Legal Assistant Support Services and/or b) Legal/Attorney Support Services.”

Question: We just want to verify that we can submit our proposal for either a) AND b) (as defined in the PWS); or, Only a); or, Only b).

Yes. Respondents may submit a proposal for only Paralegal/Legal Assistant services, only Legal/Attorney services, or both.

Firms do not need to submit separate proposals if they are responding to both focus areas.

11. Is this a new requirement? If not, who is the incumbent, what is the contract number and are they eligible to bid on this?

The previous BPA with JuriSolutions, providing only Paralegal Services, has expired. There is nothing precluding the former contractor from proposing on this effort.

12. Per Section B 1.1, "CFPB intends to award multiple IDIQ contracts from this RFP". If possible, please specify how many awards are anticipated to be issued.

The Bureau anticipates awarding multiple contracts, but reserves the right to award a single contract, or no contract. It is impossible at this time to determine how many awards, if any, will be made.

13. Since Small Business Participation is one of the evaluation factors, please provide the small business participation percentage of the total contract. Also, if possible, please specify how many awards are anticipated to be issued to small businesses.

It is impossible at this time to determine how many awards, if any, will be made to small businesses. Section C, Item 5 details the Bureau’s goal for percentage amount of contract dollars. Contractors are responsible for identifying small business opportunities.

14. If we can provide CPARS for our past performance, do we still need to ask our client to complete and submit the past performance questionnaire?

The Past Performance Questionnaires are an important tool in reviewing past performance. Offerors are required to reach out to previous or ongoing contract holders, if any, to complete and return them to the Bureau.

15. Paragraph 14.0 states that the performance of services will primarily be performed in DC.

Does this mean you expect the contract attorney to work out of a CFPB Office in DC or rather that they reside in and or around the DC area and perform work from their office? I am a majority-minority owner of a small law firm in Chicago and if there is a requirement that I be in DC, I do not think I will be able to submit a proposal.

During COVID-19 our contactors have been authorized to work full-time from a remote location. Once contractors are allowed to return to headquarters in DC (or one of the regional offices if that is where they are stationed) telework options will be considered on a case-by-case basis.

Individual task orders may also identify if work is to be done on site or may be done remotely.

16. Who is the incumbent contracting company(s)? Please see question #1.

17. What are the minimum and maximum number of IDIQs that the government might award?

There are no set maximum number of awards. The Bureau intends to and may award multiple contracts, but reserves the right to award a single contract, or no contract. It is impossible at this time to determine how many awards, if any, will be made.

18. Why did the government elect to compete this contract as an unrestricted procurement as opposed to a restricted procurement in one or more of the small business categories?

The Bureau has determined that multiple IDIQ contracts, if awarded, would provide the best availability of services to the Government. Small Business set asides, as appropriate, will be made at the Task Order level.

19. Does the Service Contract Act (SCA) apply to this contract? Please see Question #8.

20. If there is an incumbent contractor, did the SCA apply to the contract that precedes the one being competed?

The previous BPA was awarded under GSA Schedule for Paralegal Services only. The SCA did apply.

21. If there is an incumbent contractor, are there any incumbent contractor employees whom the awardee should consider for “right of first refusal”? We do understand that Executive Order (EO) 13495 is no longer in effect.

The Bureau cannot direct a contractor on hiring practices.

22. If there is an incumbent contractor, how many years has each incumbent contractor employee(s) worked in their current and/or similar roles?

This information is not available.

23. Which DOL SCA wage determination number (WD) applies to this contract? An offeror’s rates will vary significantly depending on whether the government imposes the SCA.

Please see Question #8.

24. Which DOL SCA WD Occupation Code applies to each RFP labor category? Or, are the labor categories designed, as it seems, to be a one-to-one match between the RFP labor category and the DOL WD categorization, e.g., Paralegal/Legal Assistant I equates to a Paralegal/Legal Assistant I.

Please see Question #8.

25. Is there no-cost parking that is within walking distance to the government’s worksite? If no, what are the parking options?

There is no no-cost parking near CFPB HQ. However, the Bureau HQ is within walking distance of the DC Metro.

26. May personnel telework during inclement weather? Telework options for contractors will be considered on a case-by-case basis.

27. How often may personnel telework during normal business operations?

See question #26.

28. May personnel telework during COVID-19? Yes, contractors are authorized to telework during COVID-19.

29. Per Section 3.0, Factor (1), on page does the second of the two paragraphs apply to Factor 3 as opposed to Factor 1. The paragraph in question, ending with the sentence, “Response to Factor 3 shall not exceed six (6) pages.” If it does in fact apply to Factor 1 and not Factor 3, can the government please rewrite and clarify the paragraph in context of Factor 1?

Factor 1 shall not exceed 12 pages.

This has been corrected in this Amendment.

30. The RFP page #70 states that “Response to Factor 3 shall not exceed six (6) pages.” While the next page states that “Factor 3 Past performance has No Page limit”. Please provide more clarity on this.

Please see Question #29.

31. Is the Project Manager different from a Contract Manager?

What will be the roles on these two?

The Contract Manager is responsible for administering all contract activities at the IDIQ level. A Project Manager manages Contractor Staff at the Task Order level.

This information has been clarified in this Amendment.

32. Will a Small Business responding as a Prime Contractor receive more consideration for meeting CFPB's small business requirements since Factor 4 states Small Business Participation?

As per the evaluation criteria, the work to be performed directly by a small business prime offeror will also be evaluated as Small Business Participation.

33. What proof of Law Degree for Attorneys or Paralegal certificate will CFPB accept. if any?

For all applicants, their resumes must identify the universities and law schools from which they graduated. For attorneys, their resumes must also include their bar membership information.

This information has been added in this Amendment.

34. The Government states "paralegal certification" - what does that mean? Is it a certificate from a program, if so, what constitutes an acceptable program? If it is a state bar certification, which state(s)?

Paralegal certification means the successful completion of a paralegal education program. A JD, law school degree, bachelor’s or an associate’s degree matched with relevant work experience may be deemed an acceptable substitute.

This information has been added in this Amendment.

35. Do attorneys need to be licensed/bar-certified? If so, what state(s)?

Attorney candidates must be a graduate of an American Bar Association accredited school and must be a member in good standing of a Bar of a State, territory of the United States, and/or the District of Columbia.

This information has been added in this Amendment.

36. For attorneys, it states "foreign language skills" - what does that mean? Which language(s)? What proficiency and in what area -- reading and listening and/or writing and speaking?

Please see question #46.

37. If a vendor choses to bid on both Paralegal/Legal Assistance Support Services and Legal/Attorney Support Services, would they need to submit two separate Technical responses with corresponding page limits for: Factor 1- Firm Expertise (12 pages), Factor 2 - Management and Staffing Approach (6 pages), and Factor 3 - Past Performance (no more than five engagements/questionnaire)? Or would one Technical Proposal covering the required factors suffice?

If a vendor chooses to submit a proposal for both Paralegal/Legal Assistance Support and Legal/Attorney Support, only one proposal shall be submitted. Page limits are not increased.

38. Does the six page limit for Factor 3 apply to the required Past Performance Questionnaires?

Please see Question #29.

39. Would you like sample resumes to be included in the RFP response? If so, would the resumes count towards the number of pages limitations as stated in the RFP?

Sample resumes are not requested with the RFQ. Resumes may be requested for Task Order proposal.

40. For the Past Performance requirement, will you accept a completed questionnaire from a Prime Contractor for whom we subcontract on a large contract with a federal agency? Or, are you only looking for completed questionnaires from the federal agency themselves.

No, only completed questionnaires completed by previous or current clients will be evaluated. Contractors should make an independent determination of agencies or organizations from which to request a PPQ. See Section E.2.4.

41. To confirm, should completed Past Performance questionnaires be sent directly to you both electronically? And/or should the subject line say anything specific so that it’s easy for you to collect/review the completed forms?

Past Performance Questionnaires shall be submitted directly to the Contracting Officer (Peggy.Wright@cfpb.gov) and Contract Specialist (Crystal.McKay@cfpb.gov). There is no subject line requirement.

This information has been added in this Amendment.

42. Is there an incumbent contractor? If so, who is the incumbent and what is the contract number?

Please see questions #1-2.

43. How has the CFPB obtained these services – has it obtained them under one or more contracts?

Please see questions #1-2.

44. Pages 10 - 17 (§ 3.0 Labor Categories). The RFP states that paralegal contractors must possess an “Undergraduate Degree”

– will Associate Degrees be deemed acceptable?

Please see question #34.

45. Pages 10 - 17 (§ 3.0 Labor Categories). The RFP states that paralegal contractors may be required to have Paralegal certification. Will a law school attendance, a JD and/or a bar admission be deemed acceptable substitutes for paralegal certification?

Please see question #34.

46. Pages 10 - 17 (§ 3.0 Labor Categories). The RFP states that paralegal contractors and attorney contractors may be required to have Foreign language skills. What language(s) does CFPB anticipate will be sought?

For some cases we may need contractor assistance to translate, from a foreign language to English, (verbally or in writing) audio files, documents, print media, or other forms of written communications. We can’t anticipate at this time what foreign language skills will be needed for any of our matters, but any such requirement, when applicable, will be reflected at the Request for Task Order level.

47. The RFP uses the term “Attorney” consistently. Please confirm that the Bureau requires that attorney contractors be licensed and in good standing to practice law in at least one (1) U.S. state, the District of Columbia.

Yes, the Bureau requires that all attorney contractors be licensed and in good standing to practice law in at least one (1) U.S. state, territory of the United States, and/or the District of Columbia.

48. § 14.0 Place of Performance: Does the Bureau anticipate that contractor personnel will work remotely (telecommute) more than on an episodic basis?

Please see question #26.

mailto:Peggy.Wright@cfpb.gov mailto:Peggy.Wright@cfpb.gov mailto:Crystal.McKay@cfpb.gov mailto:Crystal.McKay@cfpb.gov

49. Will contractor personnel be issued CFBP laptops, devices or other GFE to conduct work-related activities?

The Government anticipates that services will generally be directed to be performed without the use of GFE. However, individual Requests for Task Order Proposals and Task Orders will detail any applicable GFE and other information.

50. To what extent, if any, will contractor personnel be permitted to utilize contractor equipment (as opposed to CFPB equipment) to perform work-related activities?

Please see question #49.

51. Please advise: So that we can anticipate and price onboarding activities, what is the expected timeframe for the conduct of (a) initial security checks and (b) full background investigations of contractor personnel?

Each individual security check and background investigation is unique, so the total time may vary. The Bureau reviews a complete and accurate packet within 10 days, which triggers the remaining activities (eQuip, OPM activities, etc).

The entire process is estimated to take no longer than 30 days.

52. RFP, pages 44 and 45, § 23.3 ORGANIZATIONAL CONFLICT OF INTEREST: Does CFPB require that the attestation be submitted at time of response the RFP, at time of each/all proposals for Task Orders, or both?

Conflict of Interest information will need to be submitted with the response to the RFP, and may also be required with a task order proposal.

53. § E.2.4 Evaluation Factors: At pages 68-69, Factor 4: Small Business Participation, the RFP states that “[a]ll offerors (both other than small businesses and small businesses ) will be evaluated on the extent of proposed participation/commitment to use of U.S. small businesses in the performance of this acquisition (as small business prime offerors or small business subcontractors).”

Please confirm that a small business prime offeror’s commitment to self-perform specific portions of the contract work with its own employees will be evaluated as “participation / commitment to use of U.S. small businesses in the performance of this acquisition”.

As per section E.2.4, “The work to be performed directly by a small business prime offeror will also be evaluated as Small Business Participation.”

54. Please confirm that a small business prime offeror’s use of other than small businesses as subcontractors will not be evaluated as “participation / commitment to use of U.S. small businesses in the performance of this acquisition”.

The Evaluation Criteria at E.2.4, Factor 4, details what will be evaluated by the Bureau.

55. Please confirm that a small business prime offeror’s use of independent contractors who are issued 1099s (as opposed to employees) will not be evaluated as the use of a contractor’s own forces for purposes of evaluating “participation / commitment to use of U.S. small businesses in the performance of this acquisition”.

The Evaluation Criteria at E.2.4, Factor 4, details what will be evaluated by the Bureau.

56. § E.2.5, Proposal Submission Instructions, §3.0, Volume I Submission Instructions. Factor (1) – Firm Expertise: The first subparagraph imposes a response page limit of twelve (12) pages. The second subparagraph instructs offerors to demonstrate recent work (within 3 years) and relevant experience, and states that offerors “should provide specific information on all related work that was performed over the past seven years, contact information, and a detailed list of services provided. Response to Factor 3 shall not exceed six

(6) pages.”

a. What is the page limit for Factor (1) – 12 pages, or

18 pages?

b. Are responses to Factor (1) to include 18 pages, of which no more than 6 pages may on expertise relating to all related work performed in the past seven years”?

Please see Question #29.

57. § E.2.5, Proposal Submission Instructions, §3.0, Volume I Submission Instructions. Factor (2) – Management and Staffing Approach: Please confirm that the six (6) page limit includes the detailed Quality Assessment plan.

Please see Question #29.

58. § E.2.5, Proposal Submission Instructions, §3.0, Volume I Submission Instructions. Factor (3) – Whereas Factor (1) asks for demonstration of recent work (within 3 years), and information on “all related work . . . performed over the past seven years” as it relates to Factor (3), Factor (3) limits evaluation of past performance to no more than five (5) engagements. Are these intentional discrepancies? How many engagements may offerors list for past performance for Factor (3)?

Please see Question #29.

59. The last paragraph at Page 70 states that the response to Factor 3 shall not exceed six (6) pages, whereas page 71 mentions “no page limit” for Factor 3. What is the correct page limit for Factor 3? Also, does the last paragraph at page 70 refer to Factor 1 or 3?

Please see Question #29.

60. Is past performance working for a private corporation relevant for the Past Performance questionnaire?

As per section E.2.4, “CFPB shall evaluate the contractor’s past performance for their demonstrated ability to provide the same or similar related services to an organization or federal agency.” This does not preclude offerors from requesting PPQs from private corporations.

61. Can you please let us know whether we need to include the filled PPQs in our proposal response, or our clients should directly send the PPQs to the respective CFPB contact? Please provide the contact details for submitting the PPQs.

Please see Question #41.

9531CB20R0009 – Amendment 2 Legal Support Services

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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 Exhibit C – Small Business Participation Commitment Document Template

Section One – Introduction

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SECTION B – SCHEDULE OF SERVICES

B.1 INTRODUCTION

1.0 OVERVIEW

1.1 Request for Proposal. This is a Request for Proposal (RFP) under Federal Acquisition Regulation (FAR) Part 12 to establish one or more Indefinite Delivery/Indefinite Quantity (IDIQ) contract(s) to provide a) Paralegal/Legal Assistant Support Services and b) Legal/Attorney Support Services for the Consumer Financial Protection Bureau (CFPB or Bureau). CFPB intends to award multiple IDIQ contracts from this RFP. The Bureau reserves the right to issue a single award or no award. Individual contracts will be issued to the Offeror/Offerors who submit(s) responses that represent the best value to the Government, as defined in this RFP.

1.2 Background Information. On July 21, 2010, President Obama signed the

Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"), which created the CFPB. Under the Act, part of CFPB’s mission is to regulate the offering and provision of consumer products or services under federal consumer financial laws. Accordingly, the Government seeks contractors to provide temporary and ad hoc legal, paralegal, attorney, and administrative clerk support services for the Bureau (locations include headquarters and the four regional offices (Chicago, San Francisco, New York and Atlanta).

Paralegal/Legal Assistant services may include, but is not limited to, document review, legal research, drafting and editing documents (including motions, briefs, memoranda of law, etc.), filing, ad hoc Freedom of Information Act (FOIA) support, ad hoc administrative support, assisting with all phases of litigation, and correspondence logging and response. Attorney services may include, but is not limited to, assisting with case management, research and drafting of legal documents, gathering evidence, and assistance with preparation and follow-up for hearings and depositions.

1.3 Objective. The objective of this RFP is to engage contractor support services that contribute to the mission of the Bureau. This requires the contracting of services to assist Bureau offices with attorney and paralegal support/services.

This/these contract(s) will allow any Bureau office to engage ad hoc contractor support to assist with any/all legal needs that arise during the contract performance period.

Section B

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B.2 SCOPE OF SERVICES/STATEMENT OF WORK

1.0 SCOPE. The scope of this contract includes the provision of ad hoc attorney and paralegal support services to assist and support its internal offices/divisions. These contractors will support ongoing and/or surge needs when additional support resources are needed.

2.0 CONTRACT TASK AREAS. Contractors may be awarded individual IDIQs for one or more of the following areas: a) Paralegal/Legal Assistant Support Services and/or b) Legal/Attorney Support Services. In addition, individual Task Orders issued under an IDIQ may require a Project Manager. Any resulting IDIQ may be utilized by any division or office within the Bureau. While specific tasks will be identified in each Task Order, Contractor support services anticipated under this IDIQ may include, but are not limited to, the following Task Areas:

2.1 Paralegal/Legal Assistant Support Services

2.1.1 Paralegal/Legal Assistant General Tasks

Paralegal/Legal Assistant contractors will be involved in and support tasks that relate to Bureau matters. Tasks could support work at any stage of litigation. Some tasks/duties would include, but are not limited to, conducting legal research (i.e. via PACER, LexisNexis, Westlaw, etc.), preparing summaries of research findings for attorneys, examining/evaluating case files and notes (noting case file deficiencies or other things necessary to the matter team), attending hearings, depositions and/or trials, preparing summaries of testimonies and depositions for matter teams, and potentially participating in pre-trial witness conferences. Paralegal/Legal Assistants may also assist with the production, copying, scanning and mailing of exhibits that relate to CIDs, hearings, depositions, and/or trials. Contractors may perform some clerical and administrative support tasks which may include, but are not limited to, the following:

photocopying, printing, faxing, scanning, mailing, file maintenance (paper and electronic), updating lists/databases, scheduling appointments/projects, organizing conference calls, routing correspondence, assisting with filings as well as making travel arrangements for team members.

Paralegal/Legal Assistant contractors will be required to operate laptop computers, communications systems and other office equipment. Contractors may need to access

7 | P a g e a variety of Bureau databases (i.e. Salesforce, Relativity, etc.) and may be required to create and maintain various types of spreadsheets to track and follow up on a variety of administrative and organizational activities. Some of these activities may require individuals to intake, process, validate and review external inquiries and direct to the appropriate attorney. Additionally, contractors may need to gather, sort, classify and interpret specific data and discover certain patterns of activity as well as to develop recommendations and justifications for the attorney(s) who oversee the matter.

Paralegal/Legal Assistant contractors may be required to provide drafting, cite checking, and proofreading of legal and regulatory related documents. This work will be completed in an electronic format (i.e. such as via email, Microsoft Word, etc.).

Individuals may need to verify citations used (i.e. via The Bluebook) and legal references identified throughout the specific legal documents.

Contractors may undertake projects that require answering questions from industry and the public with assistance from CFPB Divisional/Office points of contact. Individuals may be asked to review and draft summaries of public comments. Paralegal/Legal Assistants may be requested to conduct tasks related to industry information collections (e.g., printing certain agreements as necessary) and to mail or email notifications and reminder notices to industry points of contact about relevant industry information collection.

2.1.2 Scanning and Document Management

Paralegal/Legal Assistant contractors may be required to scan, copy, fax and/or mail documents such as FOIA cases, application files, and general office/matter documents to be saved into an electronic environment (i.e. Bureau document libraries). Contractors will follow defined Bureau rules, and forms and formats as the work relates to the sharing, storing and management of these documents.

2.1.3 Correspondence

Contractors may undertake projects that require answering questions (i.e. via email or phone calls) from industry and the public with assistance from CFPB Divisional/Office points of contact. Individuals may be asked to review and draft summaries of public comments. All information related to this correspondence will be saved to Bureau systems and shared drives as defined by Bureau policies. Paralegal/Legal Assistant

8 | P a g e contractors may be requested to conduct tasks related to industry information collections (e.g., printing certain agreements as necessary) and to mail or email notifications and reminder notices to industry points of contact about relevant industry information collections.

Paralegal/Legal Assistant contractors may review incoming correspondence to ascertain appropriate CFPB organizational element and recommend classification.

Based on the needs for each office they are assigned to, contractors may be required to log identified correspondence by subject and question and arrange by priority level based on subject & content of the incoming letter – proposed priority level will be reviewed by the government. If a response is needed in any instance, working in conjunction with the matter team (or based on prior instructions provided), the contractor will develop a proposed response using language to maintain in a government shared file, incorporate any changes requested by CFPB staff, and track the status of the response. Contractors may develop templates or other forms for Contractor and Government personnel to utilize, if required.

2.1.4 Data Intake Support for Industry Information Collections

Paralegal/Legal Assistant contractors will be required to become familiar with and understand the mandates, regulations, and logistics governing certain industry information collections (e.g., credit card agreements collection process). Contractors may be tasked with a number of activities related to information collections including sending out email notifications/reminders to industry POCs regarding relevant industry information collection, following up with industry POCs (or identifying new POCs as needed), updating email contact list of industry contacts as needed, monitoring and tracking emails sent, messages received, and intake information, checking and reporting on information collected for specified submission criteria, conducting administrative tasks related to industry information collections (e.g., printing credit card agreements as necessary), coordinating with the Bureau Technology & Innovation (T&I) office and other relevant offices, to process, package and provide collection as necessary, and other logistical tasks as necessary to execute the information collection, including support for CFPB data governance tasks (e.g., Paperwork Reduction Act).

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2.2 Attorney Support Services

2.2.1 Attorney Support Services General Tasks

Attorney contractors may be required to assist with overall case management, collaboration with paralegals, law clerks and support personnel, trial preparation and support, and complex document review and research. Attorney contractors will be responsible for research and drafting of legal documents and understanding complex legal issues. They will help gather evidence in cases to formulate defense or to initiate legal details in preparation for depositions, hearings and/or trials.

Activities that attorney contractors may be involved with may include, but are not limited to, the following: assisting with the preparation and follow-up on hearings, depositions and trials; assisting in the interpretation of laws, rulings, and regulations;

helping to develop strategy, arguments and testimony in preparation for presentation of a case/matter; assisting in research and understanding of consumer finance laws and regulations, filing briefs with court clerk, assisting in the interpretation of laws, rulings, and regulations. Contractor may need to confer with colleagues with a specialty in an area a of lawsuit to establish and verify the basis for legal proceedings.

2.2.2 Scanning and Document Management

Attorney contractors may be required to scan, copy, fax and/or mail documents that relate to a case or matter in an electronic environment (i.e. Bureau document libraries).

Contractors will follow defined Bureau rules, forms and formats as the work relates to the sharing, storing and management of documents.

Attorney contractors will be required to operate laptop computers, communications systems and other office equipment. Contractors may need to access a variety of Bureau databases (i.e. Salesforce, Relativity, etc.) and may be required to create and maintain various types of spreadsheets to track and follow up on a variety of administrative and organizational activities. Some of these activities will require individuals to intake, process, validate and review external inquiries and direct to the appropriate attorney.

Additionally, attorney contractors will need to gather, sort, classify and interpret specific data and discover certain patterns of activity as well as develop recommendations and justifications for the attorney(s) who oversee the matter.

Attorney contractors may be required to use on-line research tools (i.e. Westlaw and Lexis).

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2.2.3 Correspondence

Attorney contractors may be required to engage in a large amount of written and oral communication. Attorney contractors will be required to draft legal documents and respond to internal and external stakeholders as needed. Attorney contractors may undertake projects that require answering questions (i.e. via email or phone calls) from industry and the public with assistance from CFPB Divisional/Office points of contact.

All information related to this correspondence will be saved to Bureau systems and shared drives as defined by Bureau policies. Attorney contractors may be requested to conduct tasks related to industry information collection (e.g., printing certain agreements as necessary) and to mail or email notifications and reminder notices to industry points of contact about relevant industry information collection.

Attorney contractors will review incoming correspondence to ascertain appropriate CFPB organizational element and recommend classification. Based on the needs for each office they are assigned to, contractors may be required to log identified correspondence by subject and question and arrange by priority level based on subject & content of the incoming letter – proposed priority level will be reviewed by the government. If a response is needed in any instance, working in conjunction with the matter team (or based on prior instructions provided), the contractor will develop a proposed response using language to maintain in a government shared file, incorporate any changes requested by CFPB staff, and track the status of the response.

2.3 Project Manager

The Project Manager (PM) will perform a variety of tasks including providing ongoing status reports to the Contracting Officer Representative (COR), developing a schedule for the ongoing projects assigned and effectively allocating personnel, managing project staff according to the established policies and practices of the CFPB, developing forms and records to document project activities, establishing a communication schedule to update the COR on the progress of every project, and reviewing the quality of the work completed with the COR and program office on a regular basis to ensure that it meets the project standards. The Project Manager manages Contractor Staff at the Task Order level.

3.0 LABOR CATEGORIES. The following labor categories and descriptions reflect the positions and associated skills appropriate for performance of the types of work

11 | P a g e contemplated. The labor category titles specified here are taken from GSA Schedule contract descriptions. While exact titles may vary, the appropriate skillsets should be similar. The following or comparable labor categories and required qualifications are identified below for this award and subsequent task orders. Additional qualifications may be identified in individual orders, as required.

3.1 Paralegal/Legal Assistant

NOTE: * Paralegals must show successful completion of a paralegal education program. A JD, law school degree, bachelor’s or an associate’s degree (matched with relevant work experience) may be deemed an acceptable substitute.

3.1.1 Paralegal/Legal Assistant I

a) At a minimum, this position requires:

• Undergraduate Degree

• 1 to 3 years of experience

• Proficiency with computer databases, online research tools, spreadsheets and word processing software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Attention to detail, time management and problem-solving skills

b) Additionally, this position may require:

• Paralegal certification

• Foreign language skills

• FOIA related experience

• Other skills or experience related to the tasks identified above

3.1.2 Paralegal/Legal Assistant II

• 3 to 5 years of experience

• Proficiency with computer databases, online research tools, spreadsheets and word processing software

• Excellent written and oral communication skills

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• Exceptional research and analytical skills

• Attention to detail, time management and problem-solving skills

• Ability to perform other duties normally at the Paralegal/ Legal Assistant I level with a higher degree of independence and/or higher level of productivity.

b) Additionally, this position may require:

• Paralegal certification

• Foreign language skills

3.1.3 Paralegal/Legal Assistant III

• 5 to 7 years of experience

• Proficiency with computer databases, online research tools, spreadsheets and word processing software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Attention to detail, time management and problem-solving skills

• Ability to perform other duties normally at the Paralegal/ Legal Assistant II level with a higher degree of independence and/or higher level of productivity.

• Foreign language skills

• Other skills or experience related to the tasks identified above.

3.1.4 Paralegal/Legal Assistant IV

• 7 or more years of experience

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• Proficiency with computer databases, online research tools, spreadsheets and word processing software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Attention to detail, time management and problem-solving skills

• Ability to perform other duties normally at the Paralegal/ Legal Assistant

III level with a higher degree of independence and/or higher level of productivity.

• Foreign language skills

3.2 Attorney Services

NOTE: * Attorney candidates must be a graduate of an American Bar Association accredited school and must be a member in good standing of a Bar of a State, territory of the United States, and/or the District of Columbia.

**All Law Degrees and bar membership information must be identified in attorney resumes and must include the name of the universities and law schools from which they graduated.

3.2.1 Attorney I

• Undergraduate and Law Degree

• 0-2 years of legal experience

• Proficiency with computer databases, online research tools (i.e. Lexis and

Westlaw), spreadsheets and word processing software

• Exceptional research and analytical skills.

• Foreign language skills

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3.2.2 Attorney II

• >2 to 3 years of legal experience

• Proficiency with computer databases, online research tools (i.e. Lexis and

Westlaw), spreadsheets and word processing software.

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Ability to perform other duties normally at the Attorney I level with a higher degree of independence and/or higher level of productivity.

3.2.3 Attorney III

• >3 to 4 years of legal experience

• Proficiency with computer databases, spreadsheets and word processing software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Ability to perform other duties normally at the Attorney II level with a higher degree of independence and/or higher level of productivity.

3.2.4 Attorney IV

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• >4 to 6 years of legal experience

• Proficiency with computer databases, spreadsheets and word processing software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Able to perform other duties normally at the Attorney III level with a higher

3.2.5 Attorney V

• >6 to 7 years of legal experience

• Proficiency with computer databases, spreadsheets and word processing software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Able to perform other duties normally at the Attorney IV level with a higher

3.2.6 Attorney VI

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• >7 to 8 years of legal experience

• Proficiency with computer databases, spreadsheets and word processing software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Able to perform other duties normally at the Attorney V level with a higher

3.2.7 Attorney VII

• >8-11 years of legal experience

• Proficiency with computer databases, spreadsheets and word processing software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

• Able to perform other duties normally at the Attorney VI level with a higher

3.2.8 Attorney VIII

• 12+ years of legal experience

• Proficiency with computer databases, spreadsheets and word processing

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• Exceptional research and analytical skills

• Able to perform other duties normally at the Attorney VII level with a high

3.3 Project Manager

Project Manager shall have the following experience, at a minimum:

• Undergraduate Degree

• 3+ years experience in a related field

• Experience certifying time cards, managing staff remotely, coordinating staffing plans and work schedules and dealing with staff reassignments

• Efficient with budgets and effectively managing direct and indirect costs associated with program activities

• Efficient in written and oral communication skills especially as it relates to preparing and presenting program status reports for division management.

B.3 SCHEDULE OF PRICES

1.0 AWARD TYPE. CFPB anticipates awarding multiple IDIQ contracts in accordance with FAR Part 12 – Acquisition of Commercial Items, to be in effect for a term not to exceed sixty-six (66) 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 may be issued on a Firm-Fixed Price or Labor-Hour basis, or a hybrid thereof. Any order issued on a Labor-Hour basis, in whole or part, will have labor rates no-higher than the hourly rates contained in the resultant IDIQ.

2.0 MINIMUM AND MAXIMUM AMOUNTS. During the contract period of performance (including any options exercised), CFPB shall place orders with the IDIQ

18 | P a g e contractor totaling a minimum of $15,000 over the life of the contract. The minimum order amount the CFPB will guarantee a Contractor under each respective IDIQ contract is $1,000.00. The maximum aggregate IDIQ amount for all IDIQs shall not exceed $30,000,000.00 over the life of the contract(s).

3.0 CONTRACT AND TASK ORDER PRICING. The offeror shall propose fully-burdened Labor Rates for the personnel necessary to perform the requirements described in Section B.1. The offeror 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 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.

5.0 OTHER DIRECT COSTS. The Contractor shall be reimbursed for the actual cost of other direct costs determined to be allowable in accordance with FAR Part 31 and authorized by the Contracting Officer or his/her designee prior to the contractor 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 four (4), twelve (12) 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 shall be required to complete performance within the period set forth in the Task Order, and in accordance with FAR 52.216-22 (d).

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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.

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