9531CB20R0010.pdf

9531CB20R0010

Credit Product Consumer Direct Marketing

CREDIT PRODUCT CONSUMER DIRECT MARKETING

CONSUMER FINANCIAL PROTECTION AGENCY

OFFICE OF RESEARCH, WASHINGTON, DC

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is being issued as a Request for Proposal (RFP) under 9531CB20R0010. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-04.

The NAICS Code for this procurement is 541910 – Marketing Research and Public Opinion Polling PSC R701 – Advertising Services

1.0 PRICING TABLE – Total Evaluated Price

The CFPB is seeking Credit Product Consumer Direct Marketing Reports for a 12-month base period and four (4) 12-month option periods.

Proposals shall include a price for the base year and each option period. The Awardee will be paid on a Firm Fixed Price basis for the base period and each option period exercised.

Please complete the below Pricing Table by providing a Firm Fixed Price for the Base Period, Option Period 1, Option Period 2, Option Period 3 and Option Period 4; these figures will be totaled to arrive at each vendor’s/offeror’s Total Evaluated Price.

CLIN ITEM DESCRIPTION Qty UNIT FIRM

FIXED

PRICE

BASE PERIOD

0001 Credit Product

Consumer Direct Marketing Reports and Data

1 Lot $

OPTION PERIOD 1

0002 Credit Product

Consumer Direct Marketing Reports and Data

1 Lot $

OPTION PERIOD 2

0003 Credit Product 1 Lot $ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781

Consumer Direct Marketing Reports and Data

OPTION PERIOD 3

0004 Credit Product

Consumer Direct Marketing Reports and Data

1 Lot $

OPTION PERIOD 4

0005 Credit Product

Consumer Direct Marketing Reports and Data

1 Lot $

2.0 BACKGROUND

The Bureau of Consumer Financial Protection (CFPB) is an independent bureau within the Federal Reserve System that helps empower consumers with the information they need to make financial decisions that are best for them and their families. Created by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the CFPB also works to promote fairness and transparency for mortgages, credit cards, and other consumer financial products and services. The CFPB sets and enforces clear, consistent rules that allow banks and other consumer financial service providers to compete on a level playing field and that let consumers see clearly the costs and features of products and services.

Within the CFPB, the offices of Research, Markets & Regulations are charged with the responsibility of monitoring developments within the markets for consumer financial services and providing a perspective on key trends and dynamics which is grounded in rigorous, evidence-based research and analysis.

3.0 SCOPE

The CFPB requires consumer credit marketing research reports and data services in order to accomplish research and data reports with consumer credit originations marketing, existing customer marketing, and other customer communications. The CFPB requires access for unlimited users to the data underlying the reports. With respect to marketing and solicitation, or other consumer communication, the CFPB requires access to reporting and data that will provide insights into a variety of topics.

4.0 REQUIREMENTS

A. Reporting and Data shall include sufficient information to cover the following topics:

1. Mail volume

2. Distribution of mail solicitations by type of product (rewards, non-rewards, debt settlement, debt relief, personal loan, mortgage, HELOC)

3. Distribution of mail solicitations by type of solicitation (pre-screen, invitation to apply)

4. Distribution of mail solicitations by demographics (age, income, geography, race/ethnicity etc.)

5. Pricing of products being marketed (fees, APR, promotional offers, etc.)

6. Household penetration of mail volume

7. Distribution of mail solicitation by risk characteristics (non-trended FICO score)

8. Household penetration of offers by risk characteristics

9. Pricing of products by risk characteristics

10. Marketing of balance transfers

11. Marketing of cash advances

12. Marketing of purchase incentives

13. Increases and decreases in APR

14. Changes in terms

B. For Originations Marketing and Customer Communications

1. Contractor shall maintain a consumer panel from which it is able to reliably estimate and report on product direct mail solicitations to both current and prospective customers, using a statistically sound sampling methodology that provides results that may be relied upon to produce peer-reviewed research.

2. Contractor shall provide monthly reporting on estimated mail volumes and key market developments.

3. Contractor shall provide quarterly reporting on mail volumes, product, product pricing, demographics, and household penetration

4. Contractor shall provide CFPB with access to a monthly data file in a non-personalized format to allow CFPB to conduct its own analyses of the data. The data should have a panel identifier, a household identifier for each related panelist, a refreshed FICO score for the panelist (see item 5 below for details), and a flag for current or prospective product holder. The data, including the FICO score should be updated on monthly basis. The data should start with mailings from October of 2019 to the end of the period of performance.

5. Specifically, included in the monthly dataset described above, contractor shall provide CFPB access to the non-trended FICO credit score for each panelist, appended to all other characteristics of the mailings (e.g., mail volume, product, product pricing and other offer terms, prescreening) in raw data form in a non-personalized format with a weighting that can be used for reliable estimation

C. Online interface

1. Contractor shall provide consistent access to an online interface to an unlimited number of users.

2. Online-accessed data is available to download in Excel format.

3. Marketing content is text-recognized machine-searchable.

4. Interface allows user to filter for “adjustable rate mortgages” (ARMs) and “debt settlement” or “debt relief” companies.

5.0 DATA USE

The CFPB intends to use the data provided by this contract in Bureau reports to the public. Data will be appropriately cited and referenced in each report. In addition, the information publicized in Bureau reports may be used by other institutions and cited in additional research.

6.0 LICENCE OF INTELLECTUAL PROPERTY RIGHTS

Section (n) of FAR 52.212-4 (Contract Terms and Conditions – Commercial Terms) is inapplicable and superseded by FAR 52.227-14 (Rights in Data – General) with its Alternate II (Limited Rights in Data). Contractor retains all rights to Intellectual Property generated for Commercial Use and provided to the CFPB under this contract.

7.0 PERIOD OF PERFORMANCE

The period of performance is as follows:

CLIN Dates

CLIN 0001 Date of Award through 12 Months Thereafter

Option CLIN 0002 Date of Option Exercise through 12 Months Thereafter

Option CLIN 0003 Date of Option Exercise through 12 Months Thereafter

Option CLIN 0004 Date of Option Exercise through 12 Months Thereafter

Option CLIN 0005 Date of Option Exercise through 12 Months Thereafter

8.0 DELIVERABLES

All deliverables are to be submitted electronically in Microsoft product (Word, Excel, PowerPoint, Visio, etc.) and/or Adobe (.pdf) format. The Contractor shall ensure all deliverables are clear, concise, technically accurate, well-organized, properly referenced, and complete by the associated due dates.

Deliverable Due Date (Business Days)

D1. Historical Data and Reports (from October 2019 to contract award)

Within 45 days after award

D2. Industry Reports and presentation of trends Quarterly, no later than the 45th day following quarter end

D3. Data Monthly, no later than the 15th of each month. (45 days after the end of the month represented by the data)

9.0 KEY PERSONNEL.

Key Personnel Requirements

The following required staff is considered Key Personnel by the Government:

Quarterly Trends Presentation Personnel

Duties: Responds to questions about new developments, and identifies product changes or new product innovations

Minimum experience: Five (5) years of experience collecting marketing materials, producing trend reports, and identifying and presenting market trends research specifically in the credit card market industry. Expertise must also include a minimum of two (2) examples of the marketing material and data collected by the Key Personnel having been used or cited by third parties in public-facing documents. Such examples may include industry reports and/or academic research that have been published in peer-reviewed journals.

10.0 PLACE OF PERFORMANCE

The work shall be performed at the Contractor’s facilities.

11.0 FAR 52.212- 1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN

2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 541910 – Marketing Research and Public Opinion Polling PSC R701 – Advertising Services.

(b) Submission of offers. Offerors must submit their proposal via email to catherine.palmer@cfpb.gov no later than 12:00 p.m. EST on 24 March 2020. Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, proposals must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A description of the offeror’s ability to meet the minimum Government requirements identified in paragraph 3.0.

(5) Price in accordance with paragraph 1.0;

(6) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(7) Acknowledgment of Solicitation Amendments;

(8) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— mailto:catherine.palmer@cfpb.gov

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Contract award. The Government intends to award one Contract as a result of this RFP to the Offeror whose proposal, conforming to the RFP, is the most advantageous to the Government using Best Value competitive procedures, but reserves the right to make multiple or no awards. Offerors that do not meet all of the requirements specified in this RFP may not be considered for award. In determining which proposal is most advantageous, the Government will evaluate two factors, “Technical Capability” and “Total Evaluated Price”, with “Technical Capability” being more important than “Total Evaluated Price.”

(f) Unique entity identifier. The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

http://www.sam.gov/ http://www.sam.gov/

(g) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(h) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The overall evaluated price of the successful and debriefed offeror.

(2) A summary of rationale for award;

(3) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

12.0 FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

(a) Best Value Determination and Award. The best value determination, including a possible cost-technical tradeoff, will be made as follows

The Total Evaluated Price will be the determining factor for award where two or more proposals are considered substantially technically equal. That is, where the Government determines that the Technical Capabilities are not significantly different among the most competitive proposals, then the proposal with the lowest price will represent the best value and will be selected for award.

If the Government determines that there are significant technical differences between two or more technically capable Offerors, then a more expensive proposal may be selected for award where the Government determines based on a cost-technical trade-off analysis that the value of the selected proposal is worth the price differential and represents the best value.

If the Government determines that the Offeror most highly rated on the Technical Capability factor also has the lowest Total Evaluated Price, then that Offeror represents the best value and will be selected for award.

https://www.acquisition.gov/

12.1 Each Offeror shall review the terms and conditions set forth in this RFP and review its proposal to ensure compliance with the terms and conditions set forth in this document.

All pricing shall comply with the Pricing Tables set forth in this RFP.

The proposals shall contain two (2) separate volumes in the manner specified below:

• Volume 1: Technical Proposal

• Volume 2: Price Quotation

Quotation Content - At a minimum the quotation shall include the following:

a. Technical Proposal. The Technical Proposal shall include the information described below. Each section of the proposal is subject to the page limita t ion shown in brackets after the section title. All page limitations are based on one side of 8.5" by 11" paper, 0.5" margins, and font size shall be 12 point with no reduction. A 10-point font is allowable for tables and graphics. Proposals submitted that do not adhere to the page limitations will have the extra pages removed as additional pages above the page limit will not be reviewed or evaluated. Do NOT include any price-related information in the Technical Proposal.

(1) Executive Summary (1 Page). Provide a concise narrative summary of your technical proposal highlighting any key or unique features. If any portion of the work will be subcontracted, identify the subcontractor(s) and their respective role(s). Offerors shall also provide Contractor POC Information.

(2) Factor 1 – Technical Capability

2.1 Subfactor 1 – Technical Approach (10 Pages)

The Technical Approach shall detail and demonstrate the research methodology used to collect data, the selection criteria for panelists, and the sampling methodology which should include how weights are calculated. The Offeror shall provide a detailed description of its sampling methodology that sufficiently demonstrates that the reports and underlying data it produces are representative of the consumer credit market. The examples of representativeness may include, but are not limited to, the evidence of its coverage in terms of number of entities, or number of mail pieces that could potentially be benchmarked against the general U.S. population, U.S. population with access to consumer credit or other appropriate metrics. A breakdown of the sampling methodology and coverage by demographic groups such as age, geography, credit scores, and by type of entity would be helpful.

The Offeror shall provide examples of instances where peer-reviewed research has relied upon these data.

The Offeror shall provide a detailed data dictionary for the underlying data to be provided. (Excluded from page count)

2.2 Subfactor 2 – Sample Dataset. (No Page Limit)

The Vendor shall provide a sample dataset that demonstrates its capabilities to provide each of the requirements of the RFP.

Sample data shall include mail data from July through September 2019, including monthly refreshed FICO score at the individual consumer level, with appropriate scaling factors for U.S.

population weighting. Additionally, three (3) examples of recent market trends reports. The sample data shall be provided in an Excel or comma-separated values formatted file.

2.3 Subfactor 3 -- Firm Expertise/Key Personnel (5 pages, including resume).

The Offeror shall describe its organizational experience which is relevant to this requirement including similar work performed and/or work performed that required the skills necessary to perform this work, either in the Government or private sector. For the purposes of this section, the term “Offeror” is defined to include teaming partners and major subcontractors, if any. To demonstrate firm experience the Offeror shall describe a minimum of three (3) relevant projects that the firm has completed or initiated within the last five (5) years.

For each project, the Offeror shall provide a narrative describing:

o Specific work performed, including the approach, key tasks/deliverables, organization, oversight/quality assurance, etc.

o Relevance of the work performed to the tasks listed in the

SOW.

o Resources used, including the number of program and contractor personnel, supporting systems, and tools.

o Obstacles encountered and how they were overcome.

o Key outcomes of the project.

Additionally, a resume, no more than three (3) pages in length each, shall be provided for each key personnel. Resumes shall describe the experience, education, background, specific scientific or technical accomplishments and identify special qualificat ions applicable to contract performance. The Offeror should include recent and relevant experience, especially experience which closely matches the subject matter, size and complexity of the work requirements of this RFP. The resume must provide sufficient detail to ascertain that proposed personnel education and experience relate to the requirements in this document.

Offerors shall provide the following information in the Key Personnel resume:

a) The employment work history demonstrating that the proposed individual meets the minimum position qualifications (education and experience) specified for key personnel in Section II, para. 4 of this solicitation.

b) The employment/work history, in chronological order, includ ing the names of employers, position titles, start and end dates of employment in format (MM/YYYY) and including responsibilit ies and duties performed during the employment period;

c) Any additional relevant information at Offeror’s discretion; and,

d) If the proposed Key Personnel is not a current employee of the Offeror, the Offeror shall provide a signed letter of intent (not included in page count) to accept employment.

b. Price Proposal (Unlimited pages). The Price Quotation shall be strictly limited to price information and supporting documentation. The price proposal shall contain the following:

(1) Authorized Individual. Provide the name, title, telephone number, fax number, and e-mail address for the individual designated as the central point of contact for this proposal.

(2) Amendments. Provide signed copies of any released amendments.

(3) Terms and Conditions. Confirm that your quotation is in complete compliance with the terms and conditions of this RFP.

(4) Assumptions. Describe any assumptions used to develop the quotation.

(5) Exceptions/Deviations. Confirm in writing that you take no exceptions or deviations to/from the RFP. If you do take exceptions to or deviations from the RFP, please clearly and succinctly identify them. Please note that exceptions or deviations may render your quotation technically unacceptable.

Pricing. Provide completed Pricing Rate Tables (See Section I) by inserting proposed prices in the Table. For pricing purposes, the Government estimates the Contract will be awarded in late April 2020. Offeror pricing will be evaluated based upon Total Price.

12.2 Proposal Submission

Offerors must submit their proposal via email to Catherine.Palmer@cfpb.gov no later than 12:00 p.m. EST on 24 March 2020.

13 Evaluation of Proposals and Evaluation Factors for Award

52.217-5 Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options will not obligate the Government to exercise the option(s).

End of Clause

14.0 REQUEST FOR PROPOSAL QUESTIONS

Any questions concerning this RFP must be emailed to the Contracting Officer at catherine.palmer@cfpb.gov. Questions must be received by 12:00 p.m. local Washington, D.C. time on 17 March 2020. The Government will respond in writing to questions submitted by this date. The response will include answers to the questions and/or RFP amendments, as necessary. The Government will not respond to questions initiated over the telephone, or in any other format except as directed herein and may not respond mailto:Catherine.Palmer@cfpb.gov mailto:cat to written questions received after the due date. The following format in a Word document must be used.

Q# QUESTION REFERENCE PAGE

15.0 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --

COMMERCIAL ITEMS (JAN 2017)

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

16.0 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL

ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1626_230606

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

__ _ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

17.0 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 365 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

18.0 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil or http://www.arnet.gov/far.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN

2017)

FAR 52.232-1 PAYMENTS (APR 1984)

FAR 52.246-4 INSPECTION – INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

CFPB LOCAL CLAUSES (NOVEMBER 2019)

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:

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

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

In all other cases, protests must be filed no later than ten (10) calendar days after the interested party knew or should have known the basis of protest, whichever is earlier. If the procurement was conducted on the basis of competitive proposals and the protester has requested a debriefing to which it is entitled, the protester must file no later than five (5) calendar days after the date on which the debriefing was held. An appeal of a CO 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.

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.

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…