RFP-9531CB22R0004-Amendment0002.pdf

(x)

9531CB22R0004

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

CFP

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

Consumer Financial Protection Burea

05/10/20220002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/21/2022

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment to solicitation for redress services to:

1. Answer vendor questions received. See Attachment 6;

2. Post requested Word versions of documents (Attachments 3 and 4 and subcontracting plan); and

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

VANESSA DEL TORO

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

2. Extend the closing date to May 31, 2022.

All other attachments remain as they were. Only Attachment 6 had changes. The only changes to the solicitation document were the new closing date and updating CFPB contacts.

Period of Performance: 06/27/2022 to 06/26/2023

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

CONSUMER FINANCIAL PROTECTION BUREAU

WASHINGTON, DC 20552

Date: April 21, 2022

The Consumer Financial Protection Bureau (CFPB or “the Bureau”) mission, in part, is to enforce the Federal Consumer Finance Laws. Under this authority, the CFPB pursues cases which may result in the award of redress and/or civil money penalties to be distributed to harmed consumers. In all cases, the Bureau is responsible for monitoring the distribution of funds to harmed consumers. In some cases, the Bureau will be responsible for the administration and distribution of these funds. CFPB seeks to obtain contractor services to support management and implement portions of the distribution process.

The CFPB seeks to establish Indefinite Quantity, Indefinite Delivery (IDIQ) contract vehicles under which task orders can be competed to obtain services related to the management and distribution of funds to eligible victims for particular cases.

This Request for Proposals (RFP) is issued per Federal Acquisition Regulations (FAR) Part 12 and Part 13. Per the guidelines discussed herein, CFPB requests that you provide a response to this RFP. Based upon the evaluation of Proposals received in response to this Request for Proposals (RFP), the Bureau intends to issue multiple awards, but reserves the right to make no awards. Offerors must be able to meet the minimum requirements as specified in this RFP. Please note that, as required by Federal Acquisition Regulations, this procurement requires a subcontracting plan from Offerors that are not qualified as small business entities.

Questions concerning this RFP must be submitted by e-mail to both Vanessa.delToro@cfpb.gov and Patrick.Sisk@cfpb.gov by 10:00 a.m. Eastern Time (ET) on April 27, 2022.

Responses (Proposals) to this RFP should be received by both Vanessa.delToro@cfpb.gov and Patrick.Sisk@cfpb.gov no later than 3:00 p.m. ET on May 31, 2022. Proposals received after that date and time may not be opened, evaluated, or considered for award.

We appreciate your taking the time to provide us with a proposal for these services.

Sincerely, Vanessa del Toro Contracting Officer mailto:Vanessa.delToro@cfpb.gov mailto:Patrick.Sisk@cfpb.gov mailto:Vanessa.delToro@cfpb.gov mailto:%20Patrick.Sisk@cfpb.gov mailto:%20Patrick.Sisk@cfpb.gov

RFP: 9531CB22R0004

Third Party Civil Penalty Fund Redress Support Services

TABLE OF CONTENTS

A. PERFORMANCE OBJECTIVES

B. PERFORMANCE WORK STATEMENT

C. SPECIAL TERMS AND CONDITIONS

D. EVALUATION OF PROPOSALS – INSTRUCTIONS TO OFFERORS

E. ATTACHMENTS

a. ATTACHMENT 1: BUREAU CLAUSES

b. ATTACHMENT 2: PRICING WORKSHEET

c. ATTACHMENT 3: REDRESS EXPERIENCE AND PAST PERFORMANCE

WORKSHEETS

d. ATTACHMENT 4: SAMPLE TASK ORDERS

e. ATTACHMENT 5: QASP EXAMPLE

f. ATTACHMENT 6: QUESTIONS FORMAT

g. ATTACHMENT 7: SMALL BUSINESS SUBCONTRACTING PLAN TEMPLATE

h. ATTACHMENT 8: INFORMATION SECURITY STANDARDS - *

i. ATTACHMENT 9: INFORMATION SECURITY STANDARDS ANNEX *

*These documents are informational only. However, vendors should note that, if awarded a contract, they will have to meet standards.

Request for Proposals (RFP), Amendment 00002 BAR and CFP 3rd Par ty Administrator

3 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC

20552

SECTION A – Performance Objectives

1.0 OVERVIEW / BACKGROUND. On July 21, 2010, President Obama signed the Dodd- Frank Wall Street Reform and Consumer Protection Act (the "Act"), which created the Consumer Financial Protection Bureau (CFPB or the “Bureau”). Under the Act, part of CFPB’s mission is to enforce the Federal Consumer Finance Laws. Under this authority, the CFPB pursues cases which may result in the award of redress and/or civil money penalties to be distributed to harmed consumers. In all cases, the Bureau is responsible for monitoring the distribution of funds to harmed consumers. In some cases, the Bureau will be responsible for the administration and distribution of these funds. For the purposes of this Performance Work Statement (PWS), “funds” refers to all funds distributed to victims of violations of the Federal Consumer Finance Laws by the Bureau, whether Civil Penalty Fund or Bureau-administered redress funds. If there are particular requirements applicable only to “Bureau-administered redress funds” or “BAR” or only to funds from the “Civil Penalty Fund” or “CPF,” the PWS and/or specific Task Order (TO) will spell those out.

The Bureau is interested in contracting with a vendor (or vendors) to manage and implement portions of the distribution process. The Bureau also reserves the right not to use a vendor in carrying out its responsibilities related to distribution to victims in any matter.

2.0 OBJECTIVE. The purpose of this PWS is to establish a contract vehicle under which subsequent task orders can be issued to obtain services related to the management and distribution of funds to eligible victims for particular cases. This will establish a process which will both minimize waste, fraud, and abuse, and implement strong internal controls. The key elements of this contract are provided in detail within Section

3.0 of this PWS.

3.0 SCOPE TASKS DEFINED - GOVERNMENT NEEDS

In accordance with any resulting TOs, the Contractor shall meet any or all of the following task objectives:

3.1 TASK #1- DISTRIBUTION PLAN. The Contractor shall prepare a distribution plan that documents the agreed-upon approach to identifying victims, handling funds, and distributing payments to eligible consumers. While considered a relatively static document, the plan may require updating during the course of TO performance to align with agreed-upon changes in approach.

Each distribution plan must include, at a minimum, the following:

• Approach to locating, notifying, and/or contacting victims;

• Method of distribution;

• Name of proposed banking institution and general account details;

• Any victim harm calculation requirements;

• Help Services that will be available to victims; and

4 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC

• An approximate project timeline (including planned date for distribution)

The COR must approve the Distribution Plan and any changes made throughout the course of TO performance. Approvals shall be documented in writing.

3.2 TASK #2 - MONEY MANAGEMENT: The Contractor will typically be required to open matter-specific account(s) for the deposit of the funds to be distributed to consumers—either Bureau-administered redress or Civil Penalty Fund. If a TO requires distribution of both types of funds, separate accounts must be established for each type of funds, according to the requirements below.

1. Bureau-administered redress. If the TO requires a Bureau-administered redress distribution, the TO shall require the Contractor to establish the account with the following specifications:

a. Qualified Settlement Fund. The Contractor must establish an FDIC-insured checking account, which qualifies as a 468B Qualified Settlement Fund (QSF) in a domestic financial institution. The fund must be set up in a manner which satisfies the requirements of the Department of the Treasury, Internal Revenue Service, which are currently specified at 26 CFR § 1.468B-1. The Contractor shall assure strict compliance with 468B and other applicable regulations.

b. Tax Identification Number. The Contractor shall, within five (5) business days of instruction by the COR, obtain a tax identification number for each

QSF.

c. Fund Transfer. Funds will be transferred from the Government to the Contractor, via electronic wire for deposit into the matter-specific checking account. Upon closure of the account, unused funds are returned to Government using the wire or other transfer instructions provided by the

COR.

d. Interest Earned. The Contractor shall keep all interest accrued in the QSF account in the account and it shall be used for the same purposes and under the same terms and conditions as the rest of the funds in the account, unless otherwise stated in the TO.

e. Check Fraud Prevention. The Contractor shall provide evidence to the COR that the checking account has payee name and check amount based positive pay or similar services to combat check fraud

f. Tax Reporting Requirements. The Contractor is responsible for determining and filing all annual and quarterly taxes and required tax forms for the QSF account as required by federal, state, and local laws. In the event a tax refund is obtained, the Contractor must deposit any refunds into the QSF account or return the tax refund to the CFPB if the TO is closed or if so instructed. The Contractor must deliver a copy of any annual income tax returns to the COR at the time the Contractor invoices the Bureau for the associated taxes and tax preparation fees.

g. Online Account Access. The Contractor shall provide the COR with read-only rights to online banking for the checking account. The online accounts

5 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC

should provide images of all canceled and deposited checks (front and back). Electronic bank statements must be made available in read-access online banking or must be electronically sent by the bank via PDF File.

h. Bank Statement Corrections. The Contractor must ensure that corrections are made within forty-five (45) calendar days of receiving written notification of a needed correction to bank and/or financial statements.

i. Account Opening and Closure. The QSF account shall be opened within five (5) business days of being instructed by the COR and remain open until the final funds distribution for that matter is completed. The Contractor shall close the checking account upon the written instruction of the COR. Account closure is estimated to be approximately one (1) or two (2) years after the initial distribution, and will be specified in the TO.

j. Required Documents. The Contractor shall provide to the COR the following details within one (1) business day of bank account opening: date established, name of the account, account number and type, physical location of account, signature cards, and any other supporting documentation related to the account set-up. The CFPB reserves the right to request changes to the assigned bank account.

2. Civil Penalty Fund. If the TO requires a Civil Penalty Fund distribution, the TO shall require the Contractor to establish the account with the following specifications:

a. Sweep Checking Account and US Government backed Money Market

Account. The Contractor shall open a matter-specific money market account and one associated non-interest bearing checking account, which will act as the “sweep” account. The accounts shall be in the name of the assigned matter, and will be established at an FDIC insured domestic financial institution using the vendor’s EIN. The Civil Penalty Fund distribution funds shall be deposited into the money market account, which will be invested in U.S. Treasury Bills, or an equivalent investment. Only the total amount of funds for presented checks will be moved from the collateralized money market account to the sweep account for payment.

b. Fund Transfer. Funds will be transferred from the Government to the Contractor, via electronic wire for deposit into the matter-specific checking account to fund tasks assigned. Upon closure of the account, unused funds will be returned to the Government using the wire or other transfer instructions provided by the COR.

c. Interest Earned. Interest earned shall not accrue to the distribution funds.

The Contractor shall coordinate the disgorgement of any interest earned to the U.S. Treasury, on a quarterly basis or as otherwise instructed by the

COR.

d. Tax Reporting Requirements. The Contractor is responsible for determining and filing all annual and quarterly taxes and tax forms for the money market and matter-specific checking account as required by federal, state, and local laws. If the vendor owes taxes based on interest earned from the money

6 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC

market or checking accounts, those tax forms should be provided to the COR and billed to the CFPB as a pass-through cost.

e. Check Fraud Prevention. The Contractor shall provide evidence to the COR that the checking account has payee name and check amount based positive pay or similar services to combat check fraud

f. Online Account Access. The Contractor shall provide the COR with read-only rights to online banking for the checking account and the associated money market account assigned to a particular matter. The online accounts should provide images of all canceled and deposited checks (front and back). Electronic bank statements must be made available in read-access online banking or must be electronically sent by the bank via PDF File.

g. Bank Statement Corrections. The Contractor must ensure that after receiving written notification of a needed correction to bank and/or financial statements, the appropriate corrections are made within forty-five (45) calendar days.

h. Account Opening and Closure. The accounts shall be opened within five (5) business days of being instructed by the COR and remain open until the final funds distribution for that matter is completed. The Contractor shall close the accounts upon the written instruction of the COR. Account closure is estimated to be approximately one (1) or two (2) years after the initial distribution, and will be specified in the TO.

i. Required Documents. The Contractor shall provide to the COR the following details within one (1) business day of bank account opening: date established, name of the account, account number and type, physical location of account, signature cards, a prospectus of investments of the money market account, and any other supporting documents related to account set-up. The CFPB reserves the right to request changes to the assigned bank account or investment money market account.

3.3 TASK #3 – VICTIM IDENTIFICATION & DATA ANALYSIS: The Contractor shall determine an initial list of funds recipients using Victim data provided by the COR.

The COR shall be the sole source of the initial recipient data. All actions taken with the data after receipt from the CFPB must be documented in a data plan. The final victim list of consumers to whom funds will be distributed must be based on the final approved data set. The final victim list must be approved by the Fund Administrator (through the COR) prior to distribution.

A. Transfer of data. All electronic recipient data shall be encrypted for transmission between the CFPB and the contractor or transferred via Secure File Transfer Protocol (SFTP). Electronic data must also be encrypted at rest.

All data sets shall be password-protected when transferred between the CFPB and the Contractor.

B. Data plan. In coordination with the distribution plan, the Contractor shall create and maintain a detailed data plan for the distribution that includes assumptions, approach, quality control, and estimated timelines for the collection, 7 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC compilation, and manual and electronic formatting of potential victim data. The Contractor must provide data sets to the CFPB within an agreed-upon timeline, which will be reviewed by the CFPB in conjunction with the approved data plan.

a. The Contractor must provide recommendations for approaches to refining the data and assumptions regarding the data to the CFPB for approval.

b. The Contractor must retain all data versions that are created based on approved assumptions and approaches. The Contractor must be able to provide this data to the CFPB upon request.

c. The Contractor must be able to track changes to, and provide victim counts resulting from, various manipulations of the data (including, for example, address research and de-duplication and rolling-up of multiple instances of harm into a single record).

d. All changes to the data approach must be documented in the data plan.

The data plan is considered a living document and multiple versions are expected to be created and maintained until final distribution. At the point of distribution, a final data plan must be approved by the CFPB COR and retained by the Contractor.

e. The Contractor’s quality control review process for the data and final victim list must be included the data plan.

f. Data plan iterations will be approved in writing by COR.

C. Victim identification. The Contractor shall analyze and utilize the victim information from the existing data to establish a preliminary list of potential funds recipients for each matter assigned. The data may come in various formats; TOs may require manual entry of hard copy files or electronic data conversion from Microsoft Excel worksheets or PDF documents. All data will require minimum manipulation and some TOs will require advanced analysis. A description of the data will be provided in an attachment to each TO. All data processing will, at minimum, require de-duplication, rolling-up of multiple instances of victim harm to result in a single payment, and pro-rata payment calculations. The vendor will be responsible for ensuring the accuracy and quality of all victim data entry and analysis efforts.

The COR shall be the sole source of the initial recipient information and the Contractor shall not accept initial recipient information from any other internal or external source. However, in a small number of matters, the Bureau will not have an existing list of eligible victims. In those matters, the Contractor will refer to Section 3.4, Claims Processing and Eligibility, rather than the instructions directly below.

a. Data Entry.

i. Electronic data import. Data in this category includes most victim names, contact information, and initial harm calculations. Typical data formats include Excel, csv., etc.

ii. Manual data entry. Data in this category will need to be manually entered. It may be in the form of bank statements, check images, 8 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC miscellaneous records, etc. It may or may not be in electronic form.

Recipient data in hard copy format will be transmitted by the COR to the contractor via overnight delivery and shall be insured with and tracked by the delivery company. The CFPB will incur shipping costs of transporting matter-specific material. PDF documents will be transferred via the SFTP. For each matter requiring manual data entry, the Contractor must include in the data plan specific guidelines describing how the data will be entered and the Contractor’s protocol for review/quality assurance.

iii. Non-Conforming Manual Data Entry. Data in this category as in the one above will require manual entry but would consist of non-conforming sources. Such as records with non-determined field locations, number of characters to be captured or may include handwritten notes to be transcribed for harm calculations or victim identification.

b. Data Analysis.

i. Standard Data Review/ Victim List preparation. All cases are assumed to require minimum victim list preparation efforts which includes basic data formatting, standardization, field parsing, de-duplication, roll-up for single payment, pro-rata calculation efforts, and quality assurance review (of all data review steps). The Contractor must adhere to CFPB standards for quality and accuracy in the victim list. Reiterations of the victim list will be required until the victim list meets quality levels (See Attachment 5 - Sample Quality Assurance Surveillance Plan (QASP)).

The COR will approve the Final Victim List (See Section 3.3E- Customized final victim list).

ii. Advanced Data Analytics. In addition to the minimum victim list preparation efforts listed above (formatting, de-duplication, roll-up for single payment, prorate calculation), data in this category may require advanced Excel manipulation, and/or SQL parsing, scripting or coding.

For each matter requiring advanced data analytics, the Contractor must include in the data plan specific guidelines describing how the data was prepared and the contractor’s protocol for review/ quality assurance.

Business requirements will be provided by the COR and high level requirements will be specified in the TO.

iii. Claimant processing: See section 3.4 Claims Processing and Eligibility.

D. Address verification services. The Contractor is required to verify contact information and to obtain corrected names and mailing addresses using the United States Postal Service, Internet and other directory searches, or other approved means when necessary. At a minimum, USPS address standardization and NCOA address update is required for all standard victim lists. . The Contractor may be required to perform additional tasks and research in order to develop a complete list of eligible victims. The requirements of address location services can be classified as followed:

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a. Advanced search required. In some cases, advanced address research will be required of varying complexity. The level of complexity required for advanced address research will be based on the robustness of the data available for the matter, and may require:

i. Level 1 advanced address research: Name and full mailing address is available, but may be outdated. Batched Data appending is required to obtain updated consumer contact information not previously found through NCOA registry search or mailing returned undelivered.

ii. Level 2 advanced address research: Name, mailing address, and/or other unique identifying information (ex. SSN, email, phone numbers, etc.) is only partially available. Manual Search using nonstandard identifiers to identify consumer when Level 1 Advanced search does not provide updated consumer information or reasonable assurance that consumer has been accurately identified.

E. Customized final victim list. The final victim list is the list of consumers to whom funds will be distributed. This list must be approved by the Fund Administrator, through the COR, prior to distribution. The final victim list must be provided to CFPB in a customized format. This format will be specified by the COR, but at a minimum must contain:

a. All rolled up harm amounts with unique identifier, victim name, contact information, unique transaction identifiers and final payment amount.

b. In addition to the final victim list, the data file provided to the COR for approval must include the comprehensive data set, which includes all unique transactions with a unique transaction identifier, victim name, updated contact information, a notation about whether and why contact information changed, original harm amount, and final payment amount.

The Contractor must adhere to CFPB standards for quality and accuracy in the victim list. Reiterations of the victim list will be required until the victim list meets quality levels (See Attachment 5 Sample QASP).

F. Financial sanction compliance. The Contractor must be in compliance with all applicable requirements relevant to financial sanctions, as administered and enforced by the Treasury Department’s Office of Foreign Asset Control (OFAC). Prior to mailing, all funds recipients must be searched against the OFAC’s Sanctions List. The Contractor shall not mail a payment to any fund recipient that matches against the OFAC sanction lists prior to clearing the fund recipient and confirming a sanction does not exist. In some cases, the Contractor may be required to contact the fund recipient to gather additional information.

3.4 TASK #4 - CLAIMS PROCESSING AND ELIGIBILITY: In accordance with the

TO’s instructions, the Contractor may be required to process and determine qualifications of claimant(s) to receive funds. “Claimant” is defined as an individual who CFPB has determined may potentially qualify to receive funds, but for whom further review is required in order to make an eligibility decision.

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A. Data Plan. In coordination with the distribution plan, the Contractor shall create and maintain a detailed data plan for the distribution that includes assumptions, approaches, quality control and estimated timelines for the collection, compilation, and manual and electronic formatting of claimant data.

a. The Contractor must provide to the COR, for approval, recommendations for approaches to refining the data and assumptions regarding the data.

The Contractor must also include in the data plan claimant eligibility criteria and a list of all defect codes used in reviewing claims.

b. The Contractor must retain all data versions that are created based on approved assumptions and approaches. The Contractor must be able to provide this data to the CFPB upon request.

c. The Contractor must be able to track changes to and provide claimant counts resulting from various manipulations of the data (including, for example, de-duplication, rolling-up for multiple instances of harm into a single record, and address updates).

d. All changes to the data approach or claims eligibility criteria must be documented in the data plan. The data plan is considered a living document and multiple versions are expected to be created and maintained until final distribution.

e. The Contractor’s quality control review process for the data and final funds distribution list must be included in the data plan.

f. Data plan iterations will be approved in writing by COR.

B. Claims data and standard claims list preparation. The COR shall provide instruction for processing initial existing claimant information. The Contractor shall process the claimant information to establish a preliminary list of potential funds recipients for each matter assigned. A description of existing known data will be provided in an attachment to each TO. The CFPB may require the Contractor to actively collect consumer contact data and/or claim forms via the call center, email, written communication, and/or a matter-specific website.

These requirements will be specified in the TO when applicable. A standard claims list to be used for the distribution of the claim form shall be prepared from the available data and must be approved by the COR. The standard claim list shall include, at a minimum, basic data formatting, standardization, field parsing, de-duplication, roll-up, and quality assurance review, as required to ensure accuracy in the claim form distribution process. The Contractor must adhere to CFPB standards for quality and accuracy in the claims list.

Reiterations of the claims list will be required until the claims list meets quality levels (See Attachment 5 - Sample QASP).

C. Claim Form and Defect Letter. The Contractor shall develop a claim form and accompanying defect letter that shall be approved by the COR.

a. Development of claim form. The claim form must follow standard CFPB style guidelines (See Section 3.5 A- Consumer communications

11 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC guidelines) and must allow claimants to submit all required information and materials for payment eligibility, based on criteria approved by the COR.

The length of the claim form will vary based on the specifics of the Task.

The claim form must be available in both English and Spanish.

b. Development of defect letter. The defect letter must follow standard CFPB style guidelines (See Section 3.5 A- Consumer communications guidelines) and allow claimants, where able, the opportunity to “cure” or correct their original claim submission based on criteria approved by the COR. The defect letter should include guidance to claimants on the reason/s the original claim was not accepted, and should advise the claimant on the appropriate steps needed to cure the defects in the original claim submission to qualify for payment eligibility. The defect letter may be 10 pages or longer in length. The defect letter must be available in both English and Spanish.

D. Distribution of claim form and defect letter. The Contractor shall submit for approval to the COR a final list of claimants. The TO will specify the method(s) by which TO claimants will be able to access, complete, submit, and correct claim forms. Requested corrections to deficient claim forms submitted will be distributed to consumers in a defect letter (See Section 3.4Cb). Distribution methods for claims forms and defect letters may include:

a. US Postal mail;

b. Email;

c. Online via website;

d. Other methods specified in the TO.

E. Verification and receipt of claims data. The Contractor shall review all materials submitted by claimants and calculate the dollar amount each claimant is eligible to receive based on criteria approved by the COR. The Contractor shall prepare and provide to the COR the results of the verification process, including:

a. Approved Claims. The Contractor must provide a list of eligible claimants approved for distribution according to the COR-approved criteria. This proposed funds distribution list should contain claimant contact information and the dollar amount each claimant is eligible to receive.

b. Deficient claims. The Contractor must provide a list of persons whose claim forms are deficient with defect codes or reasons for deficiencies.

i. Curable. The Contractor will be required to provide a list of claimants that may require additional information to be eligible for a payment.

The Contractor may be instructed to notify the claimants that their claim has been denied and allow the claimants an opportunity to resubmit appropriate documentation.

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ii. Non-curable, Deficient. The Contractor will be required to provide a list of claimants that are ineligible per the terms of the Order or other criteria as approved by the COR. The Contractor will be instructed to notify the potential claimants that their claim has been denied and the reason for denial.

F. Claim finalization. The COR shall review the proposed funds distribution list and if found acceptable, the COR shall provide in writing to the Contractor approval to proceed with the distribution. Subsequent distributions and processing of claim forms may be required.

G. Public notice campaign. When required by the TO, the establishment of the preliminary list may require the Contractor to implement a Public Notice Campaign to identify potential funds recipients. The Contractor will work with the CFPB to develop the Campaign. Prior written approval from the COR is required before the Contractor or its agents shall produce, publish, and/or distribute any public-facing materials.

3.5 TASK #5 - HELP SERVICES: At a minimum, Help Services shall include responding to requests and inquiries received via telephone, written mail, or e-mail from consumers. The Contractor must have the ability to respond in English and Spanish, and have the ability to accommodate additional language and disability needs.

A. Consumer communications materials. The Contractor will be required to draft Interactive Voice Response (IVR) and live agent scripts, frequently asked questions, letters, e-mails, and other Consumer Communications Materials to provide Help Services. All public-facing materials must be consistent with the CFPB’s style guidelines. CFPB style guides are available online (https://cfpb.github.io/design-system/) and will be provided to the Contractor after award of a TO. All Consumer Communications Materials will require approval by the COR prior to use.

Unless otherwise specified by the TO, the Contractor will always be required to:

i. Format a cover letter with language provided by the COR and translate it into Spanish on the reverse page.

ii. Draft frequently asked questions and responses (FAQs).

iii. Draft IVR, live agent, email, and written responses to consumers based on the FAQs.

iv. Draft a reminder letter to be sent to consumers who have not cashed their checks before the stale date.

B. Consumer Correspondence. The Contractor shall establish a matter-specific email address and mailing address for each matter to receive inquiries from consumers. The Contractor shall provide consistent, timely, and professional

13 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC responses (i.e. internet, email, telephone, 1st class U.S. Postal Service mail or foreign equivalent, etc.) to consumer inquiries. The Contractor is required to provide responses using the consumer’s preferred form of communication.

Although the majority of communications and interactions with victims will be within the U.S., there may be victims located outside the U.S.

C. Interactive Voice Response (IVR) and live agent: The Contractor shall establish a matter-specific phone number, which will provide toll-free IVR (available 24/7) and live agent services for consumers seeking information about the matter and the funds distribution. This system shall be regularly updated to ensure the matter information and status is up-to-date and callers are provided with accurate information.

1) IVR and live agent services will include responses to:

(a) requests for information;

(b) frequently asked questions;

(c) eligibility inquiries;

(d) claimant registration and form fulfillment questions (as applicable);

(e) inquiries regarding payment status; and

(f) disputes.

2) Live agent interaction. The Contractor must provide the ability for the caller to opt out of the IVR and interact with a live agent during the hours of 8:00am Eastern - 9:00pm Eastern, on the days that the Federal Government is in operation.

D. Matter website. The Contractor may be required by a Task Order to create, develop, and host a matter website. For matters requiring a website, the Contractor is required to establish a unique URL approved by the COR. The website shall:

1) Be maintained and updated as necessary to ensure the information, data, and forms are accurate and up-to-date;

2) At a minimum, provide the following information and documents:

a. web links to the CFPB’s matter-specific web page;

b. responses to frequently asked questions;

c. matter contact information;

d. relevant notifications and details for potential funds recipients;

e. downloadable forms and other information; and

f. consumer privacy rights.

14 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC

3) Be enabled to intake data from consumers for the purposes of claims processing and provide status updates on claim processing, when required by the TO. See Section 3.4;

4) Conform to the privacy requirements of the E-Government Act of 2002 (44 U.S.C. Ch. 36), the Privacy Act of 1974, as amended, and supplemental guidance from the Office of Management and Budget (OMB), specifically, but not limited to: memoranda 10-22, Guidance for Online Use of Web Measurement and Customization Technologies, June 25, 2010, and 10-23, Guidance for Agency Use of Third-Party Websites and Applications, June 25, 2010. In general, the home page, all major entry points into the web site, and all web pages that collect personally identifiable information shall include appropriate hyperlink(s) to the relevant “privacy policy” and as necessary (in consultation with the CFPB Privacy Office), a statement providing notice of the collection, use, and disclosure of personally identifiable information, as required under 5 U.S.C. § 552a(e)(3);

5) Conform with CFPB design style guidelines for logo mark, fonts, colors, and other requirements, user experience and accessibility practices, and client-side code development standards;

6) Conform to CFPB’s IT security requirements as specified (See Attachment

1 Bureau Clauses, and Attachment 8 Information Security Standards CS- S-01

7) Be subject to usability testing and heuristic audits conducted by CFPB personnel. The Contractor will be required to propose and receive approval from the COR for changes to the website design based upon the findings of these tests and audits. The website must receive CFPB approval before going live.

3.6 TASK #6- FUNDS DISTRIBUTION & MAILING: In accordance with the approved distribution plan, the Contractor is responsible for funds distribution activities, including check preparation, mailing of materials, and the tax determinations for the victim class (when specified by the TO). The Contractor is responsible for the accuracy of each funds distribution (based on the COR-approved victim lists). The Contractor is held accountable to correct any errors made by the Contractor at the Contractor’s own expense.

1) Check preparation and custom development. The

Contractor shall prepare checks for the distribution of funds.

a. At a minimum, the checks shall contain the matter name, check expiration date, recipient name, and any other condition which must be complied with to receive the funds.

b. The check stock will require customization and is subject to CFPB design and logo requirements. It is anticipated the check design will be developed

15 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC once the Contractor receives its first TO award and will be used for all future matters (unless otherwise noted in a future case specific TO).

c. The check stock must undergo magnetic ink character recognition (MICR) testing before distribution, and confirmation must be provided to the COR.

d. The Contractor shall not maintain an inventory of unused check stock pre-printed with MICR account numbers and routing information. The Contractor shall maintain the originals and/or images of all checks which were voided or otherwise spoiled, and all checks that were returned by the Post Office and remained undeliverable. The Contractor also shall maintain records of all checks issued but not cashed prior to the expiration date of the check.

2) Printing and mailing of materials. The Contractor shall print and mail checks and accompanying materials for each distribution.

a. Standard Printing of Materials. The Contractor will print a double-sided cover letter and accompanying check for each eligible victim. Letter and check language will include a combination of dynamic (consumer name, address, and check amount) and static text. CFPB anticipates the contractor will use a CFPB approved window or other type envelope.

b. Reminder Letters. The Contractor may be required to mail double-sided reminder letters to consumers who have not cashed their checks before the stale date.

c. Mailing Materials. At minimum, mailings will include a double-sided cover letter and a separate page with the check stub. Additional materials, including inserts, claim forms, or tax forms, may also be included, as specified by the

TO.

3) Check Reissues. The Contractor and CFPB will determine standard guidelines for consumer requested check reissues, which will be Task Order specific. It is anticipated most TOs will have some reissues required.

4) Multiple distributions. Multiple distributions to funds recipients, up to 100% of eligible harm, may be required to exhaust CPF and/or BAR funds. Unless specified by the TO, existing accounts and customer communication materials will be used for the distribution to existing funds recipients. For a second (and subsequent) distribution(s), unless otherwise required by the TO, the previously approved victim list will be used as the basis for the distribution. That list will be updated to account for any address/consumer information collected during the course of the initial distribution. All previously applied logic (roll-up, deduplication, etc. as described in section 3.3.C.b.i) will be maintained. The calculation requirements of second and subsequent distributions will be

16 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC limited to an application of a pro-rata formula to the eligible population. Additional distributions, if required, will be described in the TO.

5) Tax determinations for victim class. The Contractor shall advise whether victim payments are taxable and provide necessary documentation, as specified below:

a. Tax Advice: Discussion. In all matters, The Contractor should advise the CFPB if additional tax analysis is required, based on the Contractor’s expertise.

b. Tax Advice: Formal opinion and/or additional tax analysis: If required by the circumstances of the specific case, the CFPB will request (either explicitly or in consultation with the Contractor) that the Contractor consult with tax experts for additional advice or a formal legal tax opinion.

c. Filing with Authorities. The Contractor must timely prepare and file all necessary tax forms with the appropriate authorities for victim classes.

When directed by the COR, the Contractor shall provide recipients’ taxpayer identification numbers to appropriate federal disbursing officials in accordance with 31 U.S.C. § 3716, the Debt Collection Improvement Act of 1996.

d. Victim Taxes. The Contractor must also make determinations as to tax liability, filing requirements, and required forms, for individual victims. In the situations which require victims to receive a tax form required for tax preparation, the Contractor shall mail within 30 calendar days of the end of the corresponding tax year, the appropriate IRS form (e.g., IRS Form 1099) and a cover letter.

6) Digital Payments methods. The Contractor may be required to distribute digital payments to eligible harmed consumers.

Digital payment may require email communication and will be determined at the task order level and documented in the applicable TO materials including, but not limited to, the case specific data plan and distribution plans. The vendor will be required to provide COR approved fraud and improper payment mitigation standards prior to the issuance of digital payments.

3.7 TASK #7 – REPORTING AND GENERAL ADMINISTRATION REQUIREMENTS: The Contractor shall provide comprehensive, accurate, easy to understand, and timely reports. The Government may also request the Contractor to provide management and operational reports on an ad-hoc basis for purposes of gaining insight into specific funds distribution program needs. Specific report formats, content, frequency, and delivery methods of all reports shall be coordinated with and approved by the COR.

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A. Check activity reporting: For each bank account associated with a matter, the Contractor shall provide written check activity reports. These reports shall include the total number of checks and the associated dollar amounts of: disbursements, void items, reissues, paid items, total outstanding, undeliverable outstanding, undeliverable voided, total undeliverable, current account balance, and uncashed checks.

Frequency. Weekly reports will describe the check activity for the previous week. The report for the previous week’s check activity shall be provided to the COR no later than Tuesday of each week. The first report will describe the check activity through the first Friday following the first round of disbursements.

The monthly reports will describe the check activity for the previous month, through the final Friday of each month. The monthly reports will be provided to the COR no later than the first Tuesday following the reporting period, until the bank account is closed.

B. Check Registry Reporting. The Contractor is required to prepare and maintain a check register in each matter accounting for all checks printed, which shall include, at a minimum, the check number, date issued and cashed, payee, and check amount. The Contractor shall complete reconciliation against all mailed checks.

Frequency. The check register and the Contractor’s reconciliation should be provided, at minimum, on a quarterly basis for each account. All anomalies should be reported in real time to the COR.

C. Monthly Reporting: The Contractor shall prepare reports that are brief, factual, and shall include, but not be limited to the following:

1) The status of all on-going work pertaining to specific tasks listed in the

PWS of the TO;

2) A description of call center activity, including volume of calls received by both live agents and the IVR;

3) An estimate of the percent of work complete for each task;

4) A brief description of the work performed during the monthly reporting period just ended, including quantity and pricing for invoicing purposes;

5) Monthly activity of each matter-specific bank account. The reconciliation should include a basic cash flow analysis that shows the inflows and outflows of each account by month;

6) Work to be performed during the next reporting period;

7) Any potential improper payments identified (including completed/ final fraud packages);

8) Any problems encountered with corrective action proposed or taken and a statement about the potential impact of the problem;

9) Results of the Quality Assurance Surveillance Plan (QASP); and

18 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW, WASHINGTON, DC

10) Any Government action requested.

Frequency. The written report shall be provided to the COR on the 5th business day of each month.

D. Meetings and Meeting Minutes: The Contractor shall participate in meetings as required by the TO pertaining to the funds distribution activities detailed in the Performance Work Statement.

1) Biweekly meetings with the COR will be conducted to assess performance and discuss issues raised by both parties. The QASP for all active Task Order will be reviewed as a whole during the first biweekly meeting of each quarter. Unless otherwise directed by the CFPB, all meetings shall be conducted via teleconference.

2) The Contractor shall prepare and provide to the CFPB at least one (1) business day prior to the meeting a meeting agenda.

3) The Contractor shall prepare and maintain minutes of meetings during which the progress of the work is discussed. The meeting minutes shall highlight the topics of discussion.

4) The Contractor shall submit the meeting minutes to the COR within five (5) business days after the subject meeting. These minutes will act as the documentation of these meetings. The COR reserves the right to approve the minutes.

E. Quality Assurance Surveillance Plan (QASP) reporting. A QASP for each task order awarded is required.