Attachment_9_-_Vendor_Question_and_Answers.pdf

CFP‐13‐R‐0003 Vendor Question & Answer List

1. Has a system(s) security categorization (under NIST Federal Information Processing

Standards (FIPS) Publication 199) been established for the purposes of selecting appropriate system security controls? What should be assumed?

Answer: A formal FIPS 199-based security categorization has not been established for this system. However, based on pre-solicitation interview and descriptions of the data types and the intended purpose of the system, a Moderate rating is presumed.

2. In the event that FDIC-pass through insurance is unavailable (e.g., due to the specifics of the matter or to regulatory change), how should the cost of depository bonding be identified in the pricing schedule?

Answer: Depository bonding will be priced at the task order level and will be matter specific. In “Attachment 6 – Pricing Schedule”, such matters would fall under Section 3.1.5, “Related Funds Administration Services”. The schedule notes that costs for these items will be proposed and determined at a later juncture.

3. What are the “CFPB design style guidelines for logo mark, fonts, colors, and other requirements, user experience and accessibility practices, and client-side code development standards”?

Answer: If the Contractor is responsible per the task order for developing a user facing CPF site, our design style guidelines for logo, fonts, colors, and other visual elements will be provided.

These guidelines specify which typefaces, colors, and other visual elements shall be used to create a consistent look and feel for all CFPB information. Our user experience and accessibility standards and client-side code standards will also be provided.

Client-side code standards are conformant with W3C current standards and specifications:

HTML5 and CSS3. Significant Javascript development, either through ad hoc scripting or through a library like jQuery would not be recommended for this particular class of web content.

Graceful degradation on older browsers (ex. Internet Explorer 8 and below) and functionality with CSS or Javascript being blocked or turned off on the client side would also be required.

HTML should validate.

4. If a Public Notice Campaign is required, should that be listed as a “TBD” item in the pricing schedule?

Answer: Yes. It will be priced out on a task order basis.

5. Have acceptable quality levels (AQLs) for help services been established? If so, what are they?

Answer: No. The contractor will define acceptable quality levels in the Quality Assurance Surveillance Plan (QASP) specific to the requirements of each task order. See Solicitation, section 7.0.

6. Will it be acceptable for the Contractor responding to Solicitation CFP-13-R-00003 to team with another firm or firms in order to execute the necessary work?

Answer: Yes. However, the offeror’s proposal must clearly define the nature of its particular teaming arrangement and the roles the teaming members will have, and otherwise comply with the FAR requirements at Subpart 9.6.

7. Are there any specific limitations regarding the role and use of sub-contractors by the Prime Contractor?

Answer: No. However, please keep in mind that a Small Business Subcontracting Plan is required from any large business submitting a proposal.

8. Will the banking services described therein be awarded under this Solicitation or a separate solicitation?

Answer: The banking services described herein will be performed in accordance with this Solicitation.

9. Does an incumbent exists for this effort? If so, could you please provide the incumbent vendor and the corresponding contract number.

Answer: There is no incumbent.

10. Does the CFPB have a recommended number of Past Performance Questionnaires to request? A limit?

Answer: No, CFPB does not have a recommended number or limit on the number of submitted Past Performance Questionnaires, but does request them for both primes and subcontractors, as specified on page 60 of the solicitation. If the offeror has no record of relevant past performance, or if no relevant past performance information is received, the vendor’s past performance will not be rated as a strength, nor a weakness, but rather the vendor will be given a neutral rating on past performance.

11. How does an Offeror determine whether a) it is a small or large business for purposes of this Solicitation, and b) whether a small business sub-contracting plan is required?

a. According to the instructions, "The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

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." Per Block 10 of SF 1449, this is an unrestricted Solicitation. How should we make the determination?

Answer: The small business size standard for this procurement is $7.0 million in annual receipts, based on NAICS code 522320. The statement regarding a contractor that “proposes to furnish an item which it did not itself manufacture” is not applicable in this instance because this procurement is for services, not goods/supplies or manufactured products.

12. ORCA/CCR have been superseded by SAM. How should we handle FAR provisions that reference CCR? E.g., 52.212-3 - Offeror Representations and Certifications references completing representations on the ORCA website. Should we construe completed representations on SAM to meet this requirement?

Answer: Yes.

13. On the pricing sheet (Attachment 6), is there a difference between cells D10 and D11?

Answer: Cell D10 in the pricing schedule corresponds to section 3.1.2 D.b ("Web Hosting") of the Solicitation, and cell D11 in the pricing schedule corresponds with section 3.1.2 D.a ("Webpage Content") of the Solicitation.

14. Do the proposal attachments need to be submitted in native form, or is PDF acceptable?

Answer: Yes, PDF (Adobe Acrobat) files are an acceptable alternative.

15. Are offerors to complete and return provisions at FAR 52.212-3, 52.209-7, and 52.212-3

(Solicitation p. 60) or provisions at FAR 52.209-5, 52.209-7, and 52.212-3 (Solicitation p.

62)?

Answer: Yes, unless you have completed these provisions on SAM.gov.

16. Do offerors need to return the Non-Disclosure Agreement [Attachment 1] with their proposals, or only after an award has been made?

Answer: No. See pages 44 and 45. Nondisclosure agreements will be required from each individual contractor employee and subcontractor, as specified, prior to commencement of work.

17. Do offerors need to return the IPP Waiver Form [Attachment 8] with their proposals, or only after an award has been made?

Answer: If you do not wish to utilize the Internet Payment Platform (IPP) system in the event of award, you must submit the completed IPP Waiver Form with your proposal.

18. If an offeror intends to partner with another business to provide services related to the solicitation, on a task order basis and only where appropriate, is the offeror required to submit additional documentation in its RFP response?

Answer: Each offeror’s proposal will be evaluated based upon the stated evaluation factors on pages 62-64 of the solicitation. It is important for each offeror to be as complete as possible in submitting a proposal responsive to the solicitation requirements, including if an offeror intends to partner on a task order basis. See also Q&A #6, above.

19. If an offeror intends to subcontract with a large international corporation, what information is required in the offeror’s proposal?

Answer: All information required of Offerors is specified within the solicitation and each offeror should carefully review the applicable solicitation terms and clauses. As just one example, the solicitation specifies at Section 14.1.1 that all information collected under the contract is deemed procurement sensitive and requires that contract employees (including subcontractors) be United States citizens.

20. Section 3.1.1 pg. 22. Bank accounts must be opened within 3 business days of being instructed by the COR. What is the timing between the release of the task order and the notification from the COR that accounts are to be opened?

Answer: The timing will be matter-specific and depend on the circumstances specific to the task order.

21. Section 3.1.1 pg. 22. The RFP provides that redress accounts be certified as qualified settlement accounts (QSF). Further, if a QSF is required, failure to establish the account as a QSF within a reasonable amount of time is considered a default. QSF accounts are trust accounts certified by the court to administer the distribution of funds and require additional complexities in implementing than for traditional bank depository accounts.

Please expand on the “reasonable” timeline for these accounts.

Answer: The solicitation at page 26 provides that “[i]f a QSF is required, unexcused failure to establish a QSF within a reasonable time period or provide timely and adequate assurances of its establishment, as determined by the Contracting Officer, is considered a default…” See the solicitation page 26 (at 3.1.1.E.3.) for the entirety of this requirement. Whether this standard has been met in a specific instance will require consideration of all relevant facts in light of the solicitation requirements and any other applicable legal standards established by regulation and/or case law.

22. Section 3.1.1 pg. 23. Please confirm that under banking services, CD ROM- produced viable images are acceptable for check copies, and on-line banking access will address the COR’s needs for bank statements as well as research capabilities.

23. Section 3.1.1 pgs. 23-24. No security requirements for paper check stock are listed.

Please confirm the assumption that this would be left up to the contractor to identify and ensure checks are in compliance with their policies.

Answer: CFPB retains approval authority for paper check stock selected by the vendor before checks are printed and distributed.

24. Section 3.1.1 pg. 25. This RFP seems to imply that a QSF account necessarily carries

FDIC protection in excess of the standard $250,000 limit. While we’ve not been able to definitively confirm that assertion, since it can be determined on a case by case basis, we assume that any QSF will not require a depository bond on that basis, unless otherwise instructed by the CO. Can you confirm that assumption?

Answer: Unless otherwise instructed by the Contracting Officer, a QSF will not also require a depository bond.

25. Section 3.1.2 pg. 26. At a minimum, Help Services shall include responding to requests and inquiries received via telephone or written mail (or e-mail) from consumers. Will the Government allow claimants to submit secure facsimile inquiries?

Answer: Generally, the CFPB will not solicit secure faxes from consumers, but may need to make exception or provide this capability. The vendor can propose the integration of a secure fax alternative as a means of correspondence. Under the Solicitation, the vendor is required to comply with all Privacy Act requirements and the Solicitation confidentiality and security provisions.

26. Section 3.1.2 pg. 26. At a minimum, Help Services shall include responding to requests and inquiries received via telephone or written mail (or e-mail) from consumers. What is the current average handle time for telephone inquiries?

Answer: This information is not presently available.

27. Section 3.1.2. pg. 26. At a minimum, Help Services shall include responding to requests and inquiries received via telephone or written mail (or e-mail) from consumers. What percent of inquiries require Spanish-speaking assistance? What percent of calls require other language assistance?

28. Section 3.1.2 pg. 26. At a minimum, Help Services shall include responding to requests are the current Service Level Agreements of Key Performance indicators?

29. Section 3.1.2 pg. 26. At a minimum, Help Services shall include responding to requests percent of inquiries are telephone versus written mail or email?

30. Section 3.1.2 pg. 26. What timeline will the contractor have in order to customize and implement each matter-specific task order with respect to Consumer Communication Materials, IVR toll-free numbers and web self-service options?

Answer: This information is not currently available and may differ based upon the circumstances identified in individual task orders.

31. Section 3.1.2 pgs. 26-27. The Contractor may be required to draft scripts, frequently asked questions, letters, e-mails, and other Consumer Communications Materials to provide Help Services. Please quantify the number of scripts, frequently asked questions, letters, e-mails and other materials that will need to be developed by matter-specific task order.

32. Section 3.1.2 pg. 27. As part of a task order, the Contractor may be required to provide toll-free IVR (24/7) services for consumers seeking information on the status of the funds distribution. How many calls a month will be handled by the IVR?

33. Section 3.1.2 pg. 27. As part of a task order, the Contractor may be required to provide toll-free IVR (24/7) services for consumers seeking information on the status of the funds distribution. Will the IVR need to accommodate Spanish speaking callers?

34. Section 3.1.2 pg. 27. Occasionally, CFPB staff may receive consumer calls, which in turn, may be redirected to the Contractor for official processing. Will the Government provide FTS telephone lines for the toll-free IVR number and for redirecting the consumer calls to CFPB staff for official processing?

Answer: Based on past experience, CFPB has found it more cost-effective to procure a toll-free number via interagency agreements or government-wide acquisition contracts. CFPB would procure the toll free number(s) that will be associated with the Civil Penalty Fund as needed and then “port” these numbers over to the vendor to host.

35. Section 3.1.2 pg. 27. The Contractor may be required by the Task Order to create, develop and/or host a website. What timeline will the contractor have in order to customize and implement a matter-specific website?

Answer: Information with regard to this matter is not currently available, but will be provided in the appropriate Task Order.

36. Section 3.1.2 pg. 27. What percent of calls are handled by the IVR for matter-specific task orders?

Answer: This information is not currently available.

37. IVR Services will include responses to: (d) claimant registration and form fulfillment.

Please quantify the number of form fulfillment requests you anticipate per matter-specific task order.

Answer: In non-claims matters, forms are generally not anticipated. The number of forms cannot be estimated at this time and will be determined on a matter-specific basis.

38. Section 3.1.2 pg. 27. At a minimum, Help Services shall include responding to requests and inquiries received via telephone or written mail (or e-mail) from consumers. What is the total duration / period of performance for each matter-specific task order? For example, over what period of time will the Contractor have to respond to each band of anticipated volume?

Answer: This information is not currently available.

39. Section 3.1.2 pg. 28. In the event the task order specifies the Contractor is responsible for maintaining Web Content on consumerfinance.gov, the Contractor’s key personnel will be provided with the appropriate credentials, systems access, and documentation to use the CFPB’s web content management system. What is the Government's web content management system? Is it a Commercial Off The Shelf product?

Answer: The CFPB uses two systems to manage web content: Wordpress, an open-source CMS, and Django, an open-source Python framework with an included administration and content management interface. One of these will serve as the Contractor’s mechanism for managing web content, along with – per the task order – appropriate credentials, systems access, and documentation. All content will be subject to CFPB review before publication to a production server.

40. Section 3.1.3 pg. 30. Under distribution vehicles, coupons are listed as a potential method. Can you provide more specifics on that particular requirement?

Answer: We anticipate that the vast majority of funds distribution will occur via the paper check, ACH, and debit/check/purchase card vehicles, but specifics may dictate the remote need for coupon or other similar, less oft-used distribution vehicles to consumers. The Bureau does not anticipate that the latter will occur with any degree of regularity. However, this will be matter-specific and information as to periodicity is not available at this time.

41. Section 3.1.3 pg. 31. The RFP states, “When directed by the COR, the Contractor shall provide recipients’ social security numbers and/or taxpayer identification numbers to appropriate federal disbursing officials in accordance with 31 U.S.C. Section 3716, the Debt Collection Improvement Act of 1996.” What is the frequency of this requirement per matter? Is the expectation that this will be done manually or electronically?

Answer: It is anticipated that this will be required in a limited number of cases and the expectation is that this will be done electronically. Details as to frequency and volume of this activity are not available at this time.

42. Section IV.B pg. 59. The requirements state, “Electronic files must be in a format that can be read by Microsoft Office 2000 applications.” We are currently using MS Office 2010 products (e.g., *.docx), which allow us to save files down to a ’97-2003’ level (e.g., *.doc). Is this equivalent acceptable to the CFPB?

43. Section IV pg. 60. The RFP states, “Confirm your firm’s general experience in particular areas by submitting, in Attachment 2, date of previous engagements where, over the past 7 years, you have performed Fund and Redress Administration functions.”

However Attachment 2 doesn’t specify only Fund and Redress Administration functions.

If our company meets similar requirements as outlined in Attachment 2, would that relevant experience be considered as required by the go/no-go criteria?

44. Attachment 6 requires a price per tier for Tasks 3.1.3 and 3.1.4 and in Attachment 7, the corresponding tiers are not the same as Attachment 6. Please provide clarification regarding the differences in tier structure between Attachment 6 and Attachment 7 for Tasks 3.1.3 and 3.1.4.

Answer: Attachment 7 does not include all of the activities listed in Attachment 6. Attachment 6 is supposed to capture all of the possible activities that may occur during the distribution process, while Attachment 7 will be used to provide a comparison of costs based upon matter specific unit combinations which may occur over the full period of performance (5 years total).

Please also see Page 61 of the Solicitation, as amended.

45. Attachment 7. Please confirm that the units on Attachment 7 represent the number of units the offeror should propose for each period of performance.

Answer: This is correct.

46. Attachment 7. Task 3.1.5 is shown on Attachment 6, but is not shown on Attachment 7.

Please advise where the offeror should price Task 3.1.5 on Attachment 7.

Answer: Only the items listed on Attachment 7 should be priced on Attachment 7. Please also see Page 61 of the Solicitation, as amended.

47. Attachment 7. Task 3.1.7 is shown on Attachment 6, but is not shown on Attachment 7.

Please advise where the offeror should price Task 3.1.7 on Attachment 7.

Answer: Attachment 7 has been modified to include 3.1.7

48. Attachment 7. Under the bullet for activities: Electronic Conversion of Victim Data and Manual Conversion of Victim Data, what percent of telephone, written mailed and e-mail inquiries does the Government receive for each Activity and/or Matter-specific Task Order?

49. A(g)(1), pg4“The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices.”I.B.2(a)-(b), Contract Clauses, pg9. The former section directs the contractor to submit an original invoice and three copies, while the latter directs contractors to utilize IPP for invoice submissions. Please confirm the preferred method for invoice submissions.

Answer: IPP is the preferred method for invoice submissions.

50. 3.1.1 Money Management, p22. Is there a required timeframe to distribute once signoff is received from COR?

Answer: After task order award, the COR and the contractor will finalize the distribution plan, per Page 38 of the solicitation. The timeframe will be matter specific.

51. 3.1.1.A, p23. To maximize interest on any redress funds, it is our understanding funds should be initially deposited into the matter-specific interest-bearing account. Please confirm.

Answer: In all cases, funds will be retained by the Bureau until a distribution plan is approved and the vendor is prepared to commence funds distribution. Redress funds should be deposited into an interest bearing account, unless the task order indicates otherwise. Any interest earned on deposited redress funds shall accrue to the benefit of the victims and shall not supplement fees earned by the contractor for the performance of services under the task order. It should also be noted that Civil Penalty Fund monies generally should not be deposited into interest-bearing accounts unless specifically stated otherwise in a task order.

52. 3.1.2 Help Services, p26. Please clarify what additional disability needs the CFPB expects the Contractors to accommodate.

Answer: Information with regard to this matter is currently unavailable.

53. 21.2 General Requirements, (c)(ii), p53. Is the FISMA compliance required to be maintained at low, moderate, or high level or security?

Answer: A formal FIPS 199-based security categorization has not been established for this system. However, based on presolicitation interview and descriptions of the data types and the intended purpose of the system, a Moderate rating is presumed. Therefore, controls pertaining to or supporting the operation of the systems (i.e. physical security, etc.) will be expected to be implemented and maintained at an equal or greater level of security.

54. B. Addendum to 52.212-1, p59. Can text found in graphics, tables, charts, etc., be smaller than 12 point?

Answer: Yes. However, the text of the narrative portion of your proposal (i.e. the bulk of your proposal language) must be 12-point or higher.

55. B. Addendum to 52.212-1, p59. Would CFPB accept electronic files submitted in Adobe

.PDF format?

Answer: Yes, PDF (Adobe Acrobat) files are an acceptable alternative.

56. Can contractors bill for outbound calls to claimants?

Answer: The cost of this activity should be included in the unit cost provided under the “Address Search” heading of Attachment Six (6), Row 33.

57. Are “debit cards” and “purchase cards” synonymous in the pricing schedule?

58. The pricing schedule directs to bill per page in “Production Services.” To be environmentally conscious and to reduce internal costs, contractors may wish to print materials two-sided. Should this pricing be “per sheet” rather than “per page?”

Answer: The CFPB shares this concern for environmental consciousness and preventing waste in all respects. Wherever possible, contractors should print materials on both sides of the page where practical. With that in mind, pricing should be “per sheet” rather than “per page”. CFPB has adjusted Attachment 6, Pricing Schedule, to reflect this.

59. The pricing schedule requests pricing for Final Accounting of matters with as well as those without a check distribution. Can the CFPB confirm that “check distribution” refers to any distribution (debit or purchase cards), not solely checks?

Answer: Confirmed.

60. In the event a matter were pursued as a joint enforcement with another federal or state agency, will the contractor be required to communicate and receive sign-offs from all parties at each step, before going live, etc.?

Answer: This requirement is not anticipated.

61. Will a #9 return address envelope be required as part of claim packages sent to consumers in those matters requiring a claims process?

Answer: This is unknown at this time; this will be a matter-specific requirement if the need arises based on circumstance.

62. Page 17 - 52.227-17 Rights in Data - Special Works (Dec 2007): This section provides the Government with "unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract." The section also defines data to include "technical data and computer software." It is clear the Government will own all claimant data, but does this provision contemplate that the Government would have a right to our proprietary database and the underlying code?

Answer: Under FAR Clause 52.227-17, Rights in Data – Special Works, the government is generally entitled to unlimited rights in all data delivered under the contract and data first produced in the performance of the contract. Further, the clause provides that the Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under the contract any data not produced in the performance of the contract unless the Contractor provides the Government with a license, as specified. See, also, the entire clause at pages 17-18. Whether the clause will cover particular data during contract performance will require an evaluation of the specific facts presented at that time. See also the General Requirements at Section 21.1, pages 50-52, of the solicitation.

63. Page 52 - 21.2a: This requires the service provider to complete the CFPB's Service

Provider Self-Assessment prior to execution of the contract. Can you provide a copy of the Self-Assessment, or is this step not necessary until after vendors are selected?

Answer: The Third Party Service Provider Self-Assessment form will be provided to the awardee(s) after vendor selection.

64. Attachment 7 - Pricing Model: Please explain the correlation between the ranges in the "Detail" column and the CFPB projected quantities in the "Units" column? For example, the Detail range is 5,000-9,999, while the number of Units is identified as 29,000.

Answer: We estimate that there will be multiple cases within a given year where projected Units for each case fall within a certain Detail range (e.g. 5,000-9,999). Therefore, as indicated on Attachment 7, the sum of the total Units across all cases within a certain Detail range for that year may be estimated to exceed the maximum number of that range (e.g. 29,000). Illustrative example: Case 1 = 7,000; Case 2 = 9,000; Case 3 = 8,000; Case 4 = 5,000; Sum of all cases = 29,000. Please also see the Price Submission Instructions on Page 61.

65. Attachment 7, the Pricing Model, requests some of the activities be priced on a monthly basis (12 units), while in Attachment 6, the Price Schedule, those same activities are to be priced on a per "Job" basis (i.e., Account Setup and Help Services). Can you please explain this discrepancy?

Answer: The activities listed in Attachment 6 on a per Job basis are listed in Attachment 7 on a per unit basis. In the Price Model (Attachment 7), the unit of measurement for these activities is a per Job basis. Please also see the Price Submission Instruction on Page 61.

66. Can you provide indicative volumes and scale of the program per Task Order?

67. What initiatives will this program support? Will it all be consumer related?

Answer: Please see Sections 1.0 (“Overview/Background” and 2.0 (“Objective”) on pages 20 and 21 of the Performance Work Statement.

68. We did not get the pricing volumes for this RFP, can you please forward as a separate copy?

Answer: To clarify the terminology, vendors are required to submit a “Price Volume” as part of their proposal. The pricing information provided by CFPB can be found in Attachment 6 and Attachment 7 on the FedBizOpps announcement. Please also see the Price Submission Instruction on Page 61.