9531CB20R0009 Legal Support Services.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CFPB

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

Consumer Financial Protection Burea

CODE 16. ADMINISTERED BYCODE

X

X

561320

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCFP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/27/2020 1500 ET

06/22/2020

CRYSTAL MCKAY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

9531CB20R0009

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 108 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$30.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Consumer Financial Protection Burea

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Temporary and ad hoc paralegal, attorney, and legal program management support services to assist and support the Bureau's internal offices/divisions in accordance with the attached requirements.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

PEGGY J. WRIGHT

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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9531CB20R0009

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

9531CB20Q00XX

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.

3.0 LABOR CATEGORIES. The following labor categories and descriptions reflect the positions and associated skills appropriate for performance of the types of work contemplated. The labor category titles specified here are taken from GSA Schedule

11 | P a g e 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

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

• 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.

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• 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

• 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

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

• Excellent written and oral communication skills

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

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

• Foreign language skills

3.2 Attorney Services

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

• Excellent written and oral communication skills

• Exceptional research and analytical skills.

• Foreign language skills

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

• Ability to perform other duties normally at the Attorney I level with a higher

14 | P a g e 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

• >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

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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

• >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

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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 software

• Excellent written and oral communication skills

• Exceptional research and analytical skills

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

3.3 Project Manager

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

• 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 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.

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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. 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

Section C

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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:

Peggy J. Wright Bureau of Consumer Financial Protection Work Phone: 202-435-7355 mailto:cfpbfacilities@cfpb.gov

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Email Address: Peggy.Wright@cfpb.gov

The Contracting Officer, in accordance with FAR Subpart 1.6, is the only person authorized to make or approve any changes in any of the requirements, and notwithstanding any clauses contained elsewhere, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the terms or price to cover any increase in cost incurred as a result thereof.

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 IDIQ contract;

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, 23 | 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 CYBERSECURITY/INFORMATION SECURITY (MARCH 2019)

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

1. Per NIST, an information system can be described as the following: "a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information."

2. An information system includes any computer that contains Bureau data and performs any of the above tasks, not just systems of records.

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

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

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

e. The Contractor system or facility hosting CFPB information resources must meet all applicable federal, state, and local zoning, environmental, and building laws and regulations. The facility must include protection against unauthorized access at all hours, including alarms and notification systems should such protection be breached.

f. Detected or suspected security compromises to CFPB information must be reported to the CO or COR and soc@cfpb.gov within 60 minutes of discovery by the Contractor.

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

h. At the expiration of the contract, the Contractor shall return all CFPB information resources provided to, or generated by, the Contractor during the period of the contract.

The Contractor shall provide certification that all CFPB information has been sanitized from any non- GFE information system in accordance with CFPB standards and procedures. All equipment sanitization procedures must be environmentally sound as outlined by the U.S. Environmental Protection Agency (EPA).

mailto:soc@cfpb.gov

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

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

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

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

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

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

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

Security configurations and practices include:

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

2. Final acceptance of the product will be based on the CFPB interpretation of the

National Institute of Standards and Technology, National Checklist Program Repository (NIST, NCPR). Checklists are available at the NIST, NCPR website.

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

3. The installation, operation, maintenance, and update of software shall not alter any

CFPB-accepted or established security configuration.

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

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

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

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

CFPB.

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

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

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

r. The Contractor shall ensure its computing environment complies with Federal laws that include, but are not limited to, the Federal Information Security Modernization Act of 2014 (FISMA); and with Federal policies and procedures that include, but are not limited to, NIST Special Publication (SP) 800-60, 800-63A, FIPS 200, and CFPB Information Security Standards (CS-S-01). Copies of these documents are maintained

27 | P a g e by the CFPB Office of Cybersecurity and are available upon request. Failure to maintain compliance with applicable statutes, regulations, and guidance is a breach of the contract. The CO or COR may conduct an on-site inspection to ensure compliance.

1. If a Contractor or Vendor is an Agent of the Bureau, or acting as on the Bureau's behalf, all contractors and systems shall adhere to the most current OMB Circular A-120 and NIST SP 800-53 requirements in alignment with the Bureau-established FIPS Publication 199 determination for the authorized system, data extract, or derived data.

a. Information system(s) shall have the ability to transfer audit logs to the

Bureau's centralized log collection and analysis system, Splunk by using an application programming interface API or a secure system log file (syslog).

b. Information system(s) shall support Security Assertion Markup Language ISAML) 2.0 for federated login to any web console provided by the tool, if providing a log-in capability.

c. Information system(s) shall support multiple concurrent Identity Providers per the role described within the SAML 2.0 specification (http://saml.xml.org/saml-specifications), if providing a log-in capability.

d. Information system(s) shall provide a Representational State Transfer (RESTful) user and group management interface that allows for the creation, updating, disabling and deletion of an account, if providing accounts.

e. The project technical team shall submit an information system security baseline in alignment with Bureau common information security standards (ISS) and the system sensitivity classifications per the Federal Information Processing Standard (FIPS) 199/200 assessments, if appropriate.

2. In addition to any and all applicable Federal laws, regulations, and directives, the Contractor or Vendor shall adhere to the most current NIST Special Publication (SP) 800-171 requirements for non-federal contractor information systems that receive, transmit, process, store, or collect any form of Controlled http://saml.xml.org/saml-specifications)

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Unclassified Information (CUI) collected for or provided by the Bureau's behalf.

3. The Contractor or Vendor shall adhere to the Bureau-defined requirements regarding all Bureau system development life cycle (SDLC) policies, procedures, and activities. This includes the removal and disposal of all Bureau data from contractor-owned and operated information systems. The Contractor and Vendor shall provide any and all requested artifacts required to verify and attest that all Bureau data has been permanently removed once the information system is no longer required to process, store, or transmit Bureau data. These artifacts include, but are not limited to:

a. Signed letter or document from the vendor showing/attesting that all bureau level data has been properly and correctly removed.

b. Screen captures, or equivalent, showing each step taken within the information system and final result when permanently removing Bureau data.

c. On-site inspection or remote surveillance of the sanitization/disposal/disposition process.

s. The Contractor shall maintain an active information security program with detective, preventative, and responsive elements to ensure administrative, managerial, technical, and physical controls per section r, above. The program shall specifically address methods regarding handling and protecting CFPB information at the Contractor’s site (including any information stored, processed, or transmitted using the Contractor’s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems, to include end-user systems.

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

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

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

w. The CFPB Office of Cybersecurity maintains information on current information security requirements and standards and will provide details to the Contractor as needed after contract award.