9531CB20R0032 Trigger Software final .pdf

9531CB20R0032

Barrier Analysis Trigger Software

BARRIER ANALYSIS TRIGGER SOFTWARE

CONSUMER FINANCIAL PROTECTION AGENCY

OFFICE OF EQUAL OPPORTUNITY AND FAIRNESS

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 9531CB20R0032. 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 541612 – Human Resources Consulting Services PSC R431 – Support- Professional: Human Resources

1.0 PRICING TABLE – Total Evaluated Price

The CFPB is seeking to obtain software and related support/maintenance services to enable CFPB to efficiently and effectively analyze its workforce/applicant demographic data and MD-715 tables for triggers and potential EEO barriers based on sex, race, national origin, and disability.

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/ Total Evaluated Price.

CLIN ITEM

DESCRIPTION

Qty UNIT FIRM FIXED

PRICE

BASE PERIOD

0001 Barrier Analysis Trigger Software & Updates

1 Lot $

0002 Barrier Analysis Trigger Software –

7 Each $ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781

Licenses/Training

0003 Barrier Analysis Trigger Software – Maintenance/Support

1 Lot $

OPTION PERIOD 1

0004 Barrier Analysis Trigger Software – Licenses/Training

7 Each $

0005 Barrier Analysis Trigger Software – Maintenance/Support

1 Lot $

OPTION PERIOD 2

0006 Barrier Analysis Trigger Software – Licenses/Training

7 Each $

0007 Barrier Analysis Trigger Software – Maintenance/Support

1 Lot $

OPTION PERIOD 3

0008 Barrier Analysis Trigger Software – Licenses/Training

7 Each $

0009 Barrier Analysis Trigger Software – Maintenance/Support

1 Lot $

OPTION PERIOD 4

0010 Barrier Analysis Trigger Software – Licenses/Training

7 Each $

0011 Barrier Analysis Trigger Software – Maintenance/Support

1 Lot $

TOTAL FIRM FIXED PRICE

BASE PERIOD $

OPTION PERIOD 1 $

OPTION PERIOD 2 $

OPTION PERIOD 3 $

OPTION PERIOD 4 $

GRAND TOTAL $

2.0 BACKGROUND

The Bureau of Consumer Financial Protection (“CFPB” or “the Bureau”) was established under the authority of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203 (Dodd-Frank Act). The Dodd-Frank Act consolidated many of the consumer financial protection authorities previously shared by other federal agencies into the CFPB and provided the Bureau with authority to:

• Conduct rulemaking, supervision and enforcement with respect to federal consumer financial laws

• Handle consumer complaints and inquiries

• Promote financial education

• Research consumer behavior

• Monitor financial markets for risks to consumer.

Various longstanding laws, regulations, and Executive Orders require non-discrimination in Federal employment on certain bases. Title VII of the Civil Rights Act of 1964 – which prohibits discrimination in employment based on (among other things) race, national origin, and sex – requires Federal agencies “to maintain an affirmative program of equal employment opportunity for all such employees and applicants for employment.”1 Similarly, the

1 See 42 U.S.C. § 2000e-16(b)(1).

Rehabilitation Act of 1973 requires Federal agencies to maintain “an affirmative action program plan for the hiring, placement, and advancement of individuals with disabilities . . . .”2

The U.S. Equal Employment Opportunity Commission (EEOC) has promulgated various regulations and policy directives governing EEO in the Executive Branch. These include 29 C.F.R. Part 1614, which provides basic requirements for agency EEO programs. Pursuant to Part 1614, the Bureau (as a Federal Executive agency) must “maintain a continuing affirmative program to promote equal opportunity and to identify and eliminate discriminatory practices and policies”3 and “[c]onduct a continuing campaign to eradicate every form of prejudice or discrimination from the agency’s personnel policies, practices and working conditions.”4

EEOC’s Management Directive 715 (MD-715) implements these mandates in greater detail.5 Under MD-715 and its accompanying instructions, Federal agencies must “identify and eliminate barriers that impair the ability of individuals to compete in the workplace because of race, national origin, sex or disability.”6 A “barrier” is a specific agency policy, procedure, or practice that limits employment opportunities for members of a particular EEO group. As part of this ongoing obligation, agencies must conduct a self-assessment on at least an annual basis to monitor progress, identify areas where barriers may operate to exclude certain groups, and develop strategic plans to eliminate identified barriers.7 Moreover, under MD-715, the Agency Head is responsible for “[d]eveloping systems for the evaluation of program effectiveness and barrier identification and elimination.”8

Each agency must report annually to the EEOC on these program assessment and barrier identification/eradication efforts – including providing detailed workforce demographic tables and a workforce summary analyzing these demographic data for possible “triggers” suggesting the potential existence of an EEO barrier.9 “Triggers” refer to data that indicate conditions, disparities, or anomalies found in workplace policies, procedures, practices, and conditions that warrant further inquiry because they may be indicators of potential barriers preventing equitable participation of certain groups.

The Office of Civil Rights (OCR) within the Bureau’s Office of Equal Opportunity and Fairness (OEOF) is seeking to engage a vendor to provide software as a service to enable CFPB to efficiently and effectively analyze its workforce demographic data and MD-715 tables for triggers and potential EEO barriers based on sex, race, national origin, and disability. Such

2 See 29 C.F.R. § 791(b).

3 See 29 C.F.R. § 1614.102(a).

4 Id. at § 1614.101(a)(3).

5 See EEOC Management Directive 715 (Oct. 1, 2003) (MD-715), available at https://www.eeoc.gov/federal/directives/md715.cfm; Instructions to Federal Agencies for EEO MD-715 (MD-715 Instructions), available at https://www.eeoc.gov/federal/directives/md715/index.cfm. Per EEOC’s federal-sector regulations at 29 C.F.R. Part 1614, MD-715 is binding on all Executive agencies.

6 MD-715 at II.B.

7 Id. at II.D.

8 Id. at Intro. § 8.a.2.

9 The Bureau’s most recent MD-715 annual report (and all reports from prior fiscal years) can be found at https://www.consumerfinance.gov/office-civil-rights/eeo-policy-and-reports/.

https://www.eeoc.gov/federal/directives/md715.cfm https://www.eeoc.gov/federal/directives/md715/index.cfm https://www.consumerfinance.gov/office-civil-rights/eeo-policy-and-reports/ software should be able to seamlessly accept data inputs from CFPB on a regular cadence (e.g., biweekly), analyze all relevant data on demand, identify any and all “triggers” using the EEOC methodologies outlined in MD-715 and related instructions (e.g., “Glass Ceiling,” “Glass Wall,” “Low Entry/High Exit,” and “Blocked Pipeline” analyses/methodologies), highlight statistically significant triggers, and provide trend analyses of changes in this data over time, as well as create reader/user-friendly data visualization aids (e.g., charts, graphs).

3.0 OBJECTIVE

The objective of this contract is to obtain software and related support/maintenance services to enable CFPB to efficiently and effectively analyze its workforce/applicant demographic data and MD-715 tables for triggers and potential EEO barriers based on sex, race, national origin, and disability.

4.0 SCOPE

The scope of work is to develop, implement and maintain analysis software which will:

1. Automatically upload/accept workforce data inputs from CFPB on a regular cadence (e.g., biweekly), as well as upload/accept all MD-715 “A” and “B” tables, in such formats as EEOC and CFPB vendors (e.g., Monster Analytics, Workforce Analytics) generate them as well as roster data and historical personnel action data (e.g., new hires, separations, awards).

The software must be able to accept data from a SQL server.

2. Apply appropriate statistical models or EEOC-required techniques to flag and analyze all data inputs and identify any “triggers” (i.e., disparities or anomalies of any size) using all appropriate CLF/OCLF/internal/external benchmarks as outlined in MD-715 and EEOC governing directives and regulations – including analyses/methodologies such as “Glass Ceiling,” “Glass Wall,” “Low Entry/High Exit,” and “Blocked Pipeline.”

3. Identify triggers for persons with disabilities (PWD) and persons with targeted disabilities

(PWTD) using the applicable inclusion rate.

4. Calculate and identify any statistically significant triggers using all appropriate CLF/OCLF/internal/external benchmarks as outlined in MD-715 and EEOC governing directives and regulations and including analyses/methodologies such as “Glass Ceiling,” “Glass Wall,” “Low Entry/High Exit,” and “Blocked Pipeline.”

5. Allow for adjustments and alterations to benchmarks if/as CFPB-specific benchmarks are created over time.

6. Enable analysis/interactivity for different organizational levels (e.g., divisions and offices) for deeper analysis.

7. Prioritize triggers, such as sorting all triggers into low, medium, and high priority categories.

Criteria for prioritization may include the confidence level of the statistical test, the size of the workforce segment at issue, mission critical occupations, and grouping of triggers that display similar patterns. The software shall be able to be modified to change criteria for prioritizing triggers.

8. Provide reports on changes in any and all data inputs and triggers over time (e.g., year-over-year, over multi-year timeframes, etc.).

9. Create/generate reader/user-friendly data visualization (e.g., charts, graphs) of analyses compatible with other software tools (e.g., Microsoft Excel, Microsoft Powerpoint, Tableau).

NOTE: An Authority to Operate (ATO) and/or Authorization to Use (ATU) will be required prior to testing with Bureau data. The Contractor shall provide artifacts as necessary.

5.0 TASK AREAS

CLIN 0001 - Barrier Analysis Trigger Software and Updates

Consistent with decisions made at the kickoff meeting and with this Statement of Objectives, the contractor shall develop, provide a draft to CFPB for review, and finalize a Project Work Plan & Timeline detailing all tasks, milestones, and deadlines for the installation, training, use, and maintenance of the software.

The CFPB will host the software on its private cloud (co-location center) or in its Amazon Web Service (AWS) public Cloud. The software shall be able to import/receive and analyze MD-715 information in a more efficient and effective manner, such as through a SQL server data connection, compared to manual methods for analyzing standard MD-715 tables. The software must automate the trigger-analysis process for users to identify potential barriers for protected groups as outlined herein.

The software shall allow the user to generate visually appealing tables, graphs, dashboards, and reports that effectively provide pertinent information for senior leadership, managers, and analysts to quickly identify the most important triggers, patterns, trends, etc. by workforce segment, occupation type, grade level, year, etc.

The contractor shall modify and customize its standard software product as needed to ensure it is capable of required analysis of all CFPB data and related benchmarks and required data visualizations and reports. Modifications needed may include customizing benchmarks, adding trigger prioritization formulas/criteria, adjusting pay plans, etc. The Contractor shall submit the required artifacts to support our ATO process.

The contractor shall provide support, as needed to CFPB personnel in the use of its software.

CLIN 0002 (and, if Options are exercised CLIN 0004, 0006, 0008, and 0010) - Barrier Analysis Trigger Software – Licenses/Training

Provide licenses/access for one (1) administrator and at least six (6) simultaneous end users to software (and to any related underlying data files) that can perform/accomplish objectives outlined above and create/display/output data visualizations and reports.

Deliver initial training for (1) Administrator and up to six (6) end-users on how to use the software, its capabilities, and related data uploads and hosting. The contractor shall provide adequate initial and ongoing training to licensed end users on all aspects of the customized software and capabilities.

CLIN 0003 (and, if Options are exercised CLIN 0005, 0007, 0009, and 0011) - Barrier Analysis Trigger Software – Maintenance/Support

The contractor shall ensure the software provides accurate analyses, and promptly troubleshoot the software and/or data inputs as needed to ensure reliability and integrity of software outputs.

Provide ongoing user support for questions or problems related to software use and outputs.

Provide ongoing maintenance and updates of software, as needed. If the vendor intends to do any build or development work on the CFPB system, it will be required to use CFPB laptops and take the applicable training.

6.0 PERIOD OF PERFORMANCE

The period of performance is as follows:

CLIN Dates

CLIN 0001, 0002, and 0003 Date of Award through 12 Months Thereafter

Option Period 1 – Option CLIN 0004 and 0005

Date of option exercise through 12 months thereafter

Option Period 2 - Option CLIN 0006 and 0007

Date of option exercise through 12 months thereafter

Option Period 3 - Option CLIN 0008 and 0009

Date of option exercise through 12 months thereafter

Option Period 4 - Option CLIN 0010 and 0011

Date of option exercise through 12 months thereafter

7.0 DELIVERABLES

All deliverables shall 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. Day = Business Day

Deliverable Due Date

D1. Barrier Analysis Trigger Software Within ten (10) days of award

D2. Project Kickoff Meeting Within five (5) days of onboarding

D3. Draft Project Work Plan & Timeline Within ten (10) days of onboarding

D4. Final Project Work Plan & Timeline Within five (5) days of CFPB approval of draft

D5. Software Updates As Needed

9.0 PLACE OF PERFORMANCE (September 2018)

Services performed under this Contract shall primarily be performed at a Contractor-provided location with telework at the Contractor’s discretion.

10.0 QUALITY ASSURANCE (QA)

The Government will perform QA of the Contractor’s performance under this Contract. The Government will conduct QA inspections on all work performed. The Government reserves the right to perform QA inspections at any time and reject any/all final products submitted.

Performance Metrics: The performance evaluation of the contractor will be based on the performance metrics below. Performance for each evaluation criteria will be scored as superior, acceptable, marginal, or unacceptable.

Performance Standard

Superior Performance

Acceptable Performance

Marginal Performance

Unacceptable Performance

Conformance

Conformance with the PWS and other contractual obligations in an excellent manner with

Meets the standard for superior performance with the exception of minor differences or omissions that do not

Commits significant exception to best practices or major omission that requires additional work to

Commits multiple exceptions to best practices and/or major omissions that results in regulatory intervention, minimal user manipulation.

negatively impact the project.

resolve or minor delays to the project milestones/schedule.

threat of fine or stop work, with major disruption in project milestones/schedule.

Management Management is optimally effective and ensures complete compliance with requirements of the

PWS.

Planning and control is mostly effective and ensures sound compliance with requirements of the

PWS.

Significant lapse in planning and/or control which requires some rework or minor delays to the project.

Multiple lapses in planning and/or control, which requires CO or COR intervention to resolve and has a significant impact on project milestones and schedule.

Quality Contractor exceeds the requirements in the PWS for the milestone/deliverable.

Deliverables/milestones are approved after one round of comments from CFPB and no revisions are required.

Contractor meets the requirements in the PWS for the milestone/deliverable.

Deliverables/mileston es are approved with two rounds o comments received from CFPB and no further revisions are required.

Contractor does not meet the requirements in the PWS for the milestone/deliverable.

Deliverables/mileston es require more than two rounds of CFPB comments before being approved.

Contractor does not meet the requirements in the PWS for the milestone/deliverable.

Milestone/deliverable is never accepted.

Timeliness Contractor provides acceptable milestones/deliverables resulting in overall project completion 10% ahead of schedule.

Contractor provides milestone/deliverable according to the schedule.

Contractor provides milestone/deliverable behind the project schedule, but not causing a delay.

Contractor provides milestone/deliverable behind the project schedule resulting in a delay. Performance delays >10% deviation from project schedule.

11.0 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard.The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

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

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) 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);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, 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) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) 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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/content/part-4-administrative-and-information-matters#iSubpart_4_10 specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(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-

(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) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) 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.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://assistdocs.com/

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) 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 FAR 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.

(k) [Reserved]

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

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/content/part-32-contract-financing#i1080713 http://www.sam.gov/ http://www.sam.gov/

(6) 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.

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 limitation 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 – Software Capability Summary (5 Pages)

The Offeror shall submit a Software Capability Summary which provides detailed information of its software’s capability to meet the requirements identified herein. Additional unique capabilities should also be identified.

2.2 Subfactor 2 – Software Demonstration. (60 Min. Limit)

The Offeror shall demonstrate its software’s capability to meet the requirements identified herein, including the product’s functionalit y , ease of use, reporting capabilities, sample MD-715 analyses and calculations, etc. The demonstration must allow ample time for questions and discussions about any and all required or demonstrated features and functionalities. The demo should last no longer than 60 minutes and the Offeror should be prepared for an approximately 15-minute Q&A session after the demo is complete.

2.3 Subfactor 3 - Past Performance Information (3 pages)

The Offeror shall provide three (3) references for contracts performed for Federal Government and/or commercial clients that demonstrate recent and relevant past performance. Recent is defined as within the last five (5) years. Relevant is defined as work similar in complexity, magnitude, and type to the work described in the solicitation.

Each reference shall include the following information:

o Project title o Description of the project o Problems encountered (if any) and corrective action taken o Contract and task order number, if applicable o Contract amount o Government Agency/Organization o COR’s name, address, email, and phone number o Contracting Officer’s name, address, email, and phone number o Current status, e.g., completed and/or if in progress, start and estimated completion dates o Dollar value and type of contract

b. Price Proposal (Unlimited pages). The Price proposal 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 proposal is in complete compliance with the terms and conditions of this RFP.

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

(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 proposal 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 early September 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 13 August 2020. The CFPB currently anticipates Subfactor 2 – Software Demonstration, will occur on 18 August 2020.

mailto:Catherine.Palmer@cfpb.gov

13.0 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

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.”

Comparative Evaluation. The Government may perform a comparative evaluation (comparing offers to each other) to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation.

13.1 (a) Technical Capability. Within the “Technical Capability” factor the

Government will evaluate two (2) subfactors, with the Software Presentation being of more importance. Please note that the Technical Capability factor will be assigned an overall rating in consideration of the findings supporting the ratings assigned at the subfactor level.

Subfactor 1: Software Capability Summary

The Government will assess its level of confidence that the Offeror understands the requirement and has proposed software that will successfully fulfill the CFPB needs based on the information provided.

Subfactor 2: Software Demonstration

The Government will assess its level of confidence that the Offeror’s software will successfully perform the requirements based on the Offeror’s presentation and demonstration of the software capabilities.

Subfactor 3: Past Performance .

The Government will consider the past performance information submitted, as well as information obtained from any other sources, when evaluating the offeror past performance.

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will be assigned a “neutral” rating under this factor and will not be rated favorably or unfavorably on past performance.

(b) Total Evaluated Price. To be considered for award, the Offeror must complete the Pricing Tables contained in Section I of this RFP. Offerors who fail to comply with these requirements will receive no further consideration and may be eliminated from this evaluation. Offeror pricing will be evaluated based upon the Total Evaluated Price (base period plus option periods) reflected in the completed Pricing Table. The Government will assess the reasonableness of the proposed Total Evaluated Price.

13.2 Exchanges with Best-Suited Offeror. Once the government determines the offeror that is the best-suited (i.e., the apparent successful contractor), the government reserves the right to communicate with only that offeror to address any remaining issues, if necessary, and finalize a Contract with that offeror.

These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited offeror based on the original analysis and address any remaining issues.

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 10 August 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 to written questions received after the due date. The following format in a Word document must be used.

Q# QUESTION REFERENCE PAGE

mailto:cat

15.0 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --

COMMERCIAL ITEMS (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

Offerors shall include a completed copy of the required portion 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 (JUL 2020)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 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.] https://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1626_230606 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1968408723 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

_X_ (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 (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393

__ (ii) Alternate I (Mar 2020) of 52.219-6 .

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3…