RFP_CFP-13-R-00004_OMWI.pdf

CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

25 MARCH 2013

SUBJECT: Combined Synopsis/Solicitation, Request for Proposals (RFP) CFP-13-R-00004, Data Audit, Analysis and Strategic Plan for the Office of Minority and Women Inclusion (OMWI)

The purpose of this Request for Proposal (RFP) (or Solicitation) is the acquisition of data analysis and an internal diversity data audit that will assist the CFPB in developing and implementing a strategic plan for OMWI. Based upon the evaluation of Proposals received, the CFPB intends to issue a single contract.

Request for Proposals, CFP-13-R-00004 Data Audit, Analysis and Strategic Plan for the Office of Minority and Women Inclusion (OMWI)

CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CFPB

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

CONSUMER FINAN PROTECTION BUREA

CODE 16. ADMINISTERED BYCODE

X

X

541611

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCFP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/12/2013 1600 ET

03/25/2013

LAURENT PICHET

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

CFP-13-R-00004

5. SOLICITATION NUMBER

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

1 29 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$14.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

CONSUMER FIN PROTECTION BUREAU

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

LAURENT E. PICHET

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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3 CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

TABLE OF CONTENTS

Section One - Schedule of Supplies or Services, and Prices

1.0 General

2.0 Schedule of Supplies, Services and Prices

Section Two - Statement of Requirements

3.0 Scope of Work

4.0 Key Personnel Minimum Qualifications

5.0 Key Personnel Identified

Section Three - Terms and Conditions

Packaging and Marking

6.0 Marking

Inspection and Acceptance

7.0 Inspection and Acceptance

Deliveries or Performance

8.0 Deliverables

9.0 Ordering Period

10.0 Place of Performance

Contract Administration Data

11.0 Authority – Contracting Officer

12.0 Contracting Officer’s Representative (COR) Designation and Authority

13.0 Contractor Project Manager

14.0 Reassignment and Replacement of Contractor Personnel

15.0 Electronic Invoicing and Payment Requirements

Special Contract Requirements

16.0 Prohibition Against the Use of Federal Employees

17.0 Transparency

18.0 Section 508 Compliance

4 CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

Contract Clauses

19.0 FAR 52.252-2, Clauses incorporated by Reference (FEB 1998)

20.0 Clauses Incorporated by Full Text

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

- Commercial Items (Aug 2012) FAR 52.216-1, Type of Contract (Apr 1984)

Section Four - Instructions to Offerors, Certifications and Representations

21.0 Communications and Questions

22.0 Proposal Submission Instructions

23.0 Provisions Incorporated by Full Text

FAR 52.212-2, Evaluation Factors and Basis for Award (JAN 1999) FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (DEC 2012)

Attachments

1: Question Format 2: Glossary

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SECTION ONE – SCHEDULE OF SUPPLIES, SERVICES, AND PRICES

1.0 GENERAL. The Consumer Financial Protection Bureau (CFPB) intends to award one contract in accordance with the requirements, terms, and conditions set forth herein.

2.0 SCHEDULE OF SUPPLIES, SERVICES AND PRICES. The Firm Fixed Price Table within this Section provides the anticipated labor categories and the Offeror should propose equivalent labor categories and corresponding labor rates for these categories. 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. Rows may be added to the table to accommodate all proposed labor categories required to perform work under the contract. The labor categories and estimated hours indicated below (TOTAL HOURS – 613) are the number of hours the CFPB anticipates will be required to complete the work. Your firm may propose hours (less or more) and Other Direct Costs (ODCs) if applicable that it believes will be required to accomplish all tasks for this requirement.

2.1 FIRM FIXED PRICE TABLE

YEAR ONE: Date of Award through October 31, 2013.

T

Labor Category Hourly Rate

Discount Proposed Rate Est. Hours Extended Price

1. Management Analyst

2. Management Functional Specialist 1

TOTAL HOURS 613

Firm-Fixed Price

6 CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

SECTION TWO – STATEMENT OF REQUIREMENTS

3.0 SCOPE OF WORK. The Government seeks a contractor that has previous diversity consulting experience to provide management consulting support to OMWI. OMWI needs include (1) the ability to analyze data received from human capital and other sources, (2) the ability to conduct an internal audit assessing diversity and inclusion, and (3) the ability to devise a strategic plan.

3.1 Task I – Perform DATA ANALYSIS framework utilizing CFPB workforce data. The

Contractor shall perform data analysis utilizing the CFPB workforce data system and data from program offices, Bureau of Public Debt and other data resources in order to assess the CFPB’s effectiveness with enhancing diversity. The data analysis framework must be renewable every pay period and include a variety of demographic data (e.g., the number of new hires, promotions by race, ethnicity and gender for each Division within CFPB).

3.2 Task II – Perform an internal diversity DATA AUDIT of CFPB’s Environment. The diversity data audit report shall assess the CFPB’s diversity and inclusion environment, policies, and practices. The audit shall require the selected firm to obtain, review and assess workforce data from various sources (e.g., workforce databases, focus groups, interviews, and surveys). The selected firm shall publish reports detailing barrier analysis and, where appropriate, whether applicants and employees are unsuccessful in, included but not limited to, hiring, retention, promotion, and workforce planning (e.g., salaries, promotions, bonus, etc.).

3.3 Task III – Review, revise and finalize the OMWI STRATEGIC PLAN. The Contractor shall provide support in the planning, management, and reporting of operational expansion and improvement initiatives, each of which may involve changes to processes, policy, staffing, competencies, technology and related infrastructure. The Contractor shall assist with drafting, editing, and finalizing OMWI’s strategic plan in support of the agency. A draft of the strategic plan will be provided upon award of the contract.

4.0 KEY PERSONNEL MINIMUM QUALIFICATIONS. The Contractor Key Personnel must have a minimum of 5 years of diversity consulting experience.

5.0 KEY PERSONNEL IDENTIFIED. For the purposes of this contract and Task Orders issued hereunder, Key personnel are defined as those personnel who will perform significant work.

Included at time of award

7 CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

SECTION THREE – TERMS AND CONDITIONS

Packaging and Marking

6.0 MARKING. All information submitted to the Contracting Officer (CO) and/or the Contracting Officer

Representative (COR) shall clearly indicate the CFPB contract number, and if applicable, Task Order number, for which the information is being submitted. Additionally, all documents submitted and reports produced by the Contractor shall be suitably marked to indicate and appropriately disclose Contractor participation.

Inspection and Acceptance

7.0 INSPECTION AND ACCEPTANCE. Inspection and acceptance of all work performed shall be by the COR.

Deliverables shall be reviewed for accuracy, clarity, completeness, and timeliness. The CFPB will provide any concerns and comments to the Contractor, who shall ensure completion of each deliverable in a manner acceptable to the COR and within the timeframe specified within the appropriate Task Order. The Contractor shall deliver all copies of completed deliverables to the individual(s) set forth in the Task Order.

Deliveries or Performance

8.0 DELIVERABLES. The Contractor shall ensure all deliverables are clear, concise, technically accurate, well-organized, properly referenced, and complete by the appropriate due dates.

9.0 ORDERING PERIOD. The Ordering Period of this contract shall be a base period of six months, beginning the date of award.

10.0 PLACE OF PERFORMANCE. The work to be performed under the contract will be performed on-site at CFPB’s

Washington, DC Headquarters at least 50 percent of the time or possibly longer.

Contract Administration Data

11.0 AUTHORITY - CONTRACTING OFFICER. The Contracting Officer for each Task Order is identified within each individual document (contract or Task Order). The Contracting Officer, in accordance with Part 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of the contract or Task Orders, and notwithstanding any clauses contained elsewhere in the contract or Task Order(s), the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms or Task Order price to cover any increase in cost incurred as a result thereof.

12.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR) DESIGNATION AND AUTHORITY.

12.1 The COR for this contract is:

To be given at contract award

8 CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

12.2 Performance of work under the contract must be subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

12.3 Technical direction must be within the scope of the contract and Task Order. Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays. The COR does not have authority to issue technical direction that:

Constitutes a change of assignment or additional work outside the specification(s);

Constitutes a change as defined in the clause entitled “Changes”;

Causes a change the contract itself or Task Order price, or the time required for performance;

Changes any of the terms, conditions, or requirements of the contract;

Interferes with the Contractor’s right to perform under the terms and conditions of the contract; or

Directs, supervises or otherwise controls the actions of the Contractor’s employees.

12.4 The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in subparagraph 12.3 herein, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

12.5 Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes”.

13.0 CONTRACTOR PROJECT MANAGER

13.1 The Contractor's designated Project Manager for this contract is:

Name: _______________________________________________________________ Office No: ______________________ Fax No: ________________________ E-Mail Address: _______________________________________________________

13.2 The Project Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager or designated representative shall respond within one business day after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

9 CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

14.0 REASSIGNMENT AND REPLACEMENT OF CONTRACTOR PERSONNEL

14.1 General. The Government reserves the right to request that the Contractor reassign Contractor employees whose continued use under the contract is deemed contrary to the best interests of the Government. The Contracting Officer will give notice of such reassignment request in writing.

14.2 Proposed Substitutions of Key Personnel. All proposed substitutions of Key Personnel must be submitted to the Contracting Officer, as early as feasible given the circumstances. The Contractor shall not allow Key Personnel substitutions during the Task Order performance period unless the Contractor timely notifies the Contracting Officer, with a copy to the COR, provides the information required herein, and is given written Contracting Officer approval. All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer needed to approve or disapprove the proposed substitution. The relevant qualifications of all proposed substitutions must be equal, or superior, to the qualifications of the person(s) to be replaced.

The Contracting Officer, or an authorized representative, will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof.

14.3 Potential Threats. The Contractor shall not employ persons for work on this contract if such employees are considered by the Contracting Officer to be a potential threat to the health, safety, security, general well-being or operational mission of the Bureau and/or its population. Any such person determined by the Government to be a potential threat may be immediately removed from performance under this contract by the Contracting Officer and shall be replaced by the Contractor at no additional cost to the Government.

15.0 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

15.1 Internet Payment Platform (IPP) is a secure, web-based electronic invoicing and payment information service available to all Federal agencies and their supplier(s) by the U.S. Treasury’s Financial Management Service. IPP allows Federal agencies and their supplier(s) to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy-to-access web portal.

This service is free of charge to Government agencies and their suppliers.

15.2 The preferred method for invoicing is through IPP. The IPP website address is https://www.ipp.gov.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Help Desk via email at: ippgroup@bos.frb.gov, or by commercial telephone at (866) 973-3131.

15.3 If the Contractor is unable to utilize IPP for submitting payment request(s), invoices may be submitted electronically to the e-mail address shown on the face of the award document, after completing the IPP Waiver Form and submitting it via email to: contractadministration@bpd.treas.gov (contact the Contracting Officer for the waiver form). Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats. Invoices shall contain the information required in FAR 52.212-4, paragraph (g).

15.4 Payment and Invoice Questions. For payment and invoice questions, contact the Accounting Services https://www.ipp.gov/ mailto:ippgroup@bos.frb.gov mailto:contractadministration@bpd.treas.gov

10 CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

Division at (304) 480-8000, option 7, or via email at AccountsPayable@bpd.treas.gov.

15.5 Overpayments.

15.5.1 In accordance with FAR 52.212-4, section (i)5, overpayments: Accounts Receivable Conversion of Check Payments to EFT, if the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the Government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within twenty-four hours and will be shown on the regular account statement.

15.5.2 The Contractor will not receive the original check back. The Government will destroy the

Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

Special Contract Requirements

16.0 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES. In accordance with Federal Acquisition

Regulation 3.601, contracts are not to be awarded to Government employees, nor a business concern or other organization owned or substantially owned, or controlled, by one or more Government employees. For the purposes of this contract, this prohibition against the use of Government employees includes any work performed by the Contractor or any of its employees, subcontractors, and/or consultants.

17.0 TRANSPARENCY.

17.1 The CFPB is dedicated to transparency and plans on making contracts available to the public after award. The Contractor shall submit, within ten business days from the date the contract is awarded (exclusive of Saturdays, Sundays, and federal holidays), a “.pdf file” (or similar) of the fully executed contract (with all proposed necessary redactions, including redactions of any trade secrets or any commercial or financial information that it believes to be privileged or confidential business information), for the purpose of public disclosure.

17.2 The Contractor agrees to provide a detailed written statement specifying the basis for each of its proposed redactions, including the applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and, in the case of FOIA Exemption 4, 5 U.S.C. § 552(b)(4), shall demonstrate why the information is considered to be a trade secret, or commercial or financial information that is privileged or confidential. Information provided by the Contractor in response to this requirement may itself be subject to disclosure under the FOIA. The CFPB will carefully consider all proposed redactions and associated grounds for nondisclosure prior to making a final determination as to what information in the fully executed documents may be properly withheld.

18.0 SECTION 508 REQUIREMENTS. All deliverables shall comply with Section 508 requirements per 36 C.F.R mailto:AccountsPayable@bpd.treas.gov

11 CONSUMER FINANCIAL PROTECTION BUREAU, 1700 G STREET, NW WASHINGTON, DC 20552

1194 and Section 508 of the Rehabilitation Act of 1973. The full text of the Section 508 regulations and provisions are available at http://www.section508.gov.

Contract Clauses

19.0 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil or http://www.arnet.gov/far. (End of clause)

FAR 52.212-1, Instructions to Offerors – Commercial Items (FEB 2012) FAR 52.212-4, Contract Terms and Conditions – Commercial Items (FEB 2012)

20.0 CLAUSES INCORPORATED BY FULL TEXT

52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS -- COMMERCIAL ITEMS (JAN 2013)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X__ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

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

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___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_X__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (11) [Reserved] __ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (23) 52.219-28, Post Award Small Business Program Re-representation (Apr 2012) (15 U.S.C.

632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O.

13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

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_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42 and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct.

2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

_ __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

__ _ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

_ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17 Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495) ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L.

110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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or pursuant to a provision of law.

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

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

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009)

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(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

The Government contemplates award of one contract resulting from this solicitation.

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SECTION FOUR – INSTRUCTIONS TO OFFERORS, CERTIFICATIONS AND REPRESENTATIONS

21.0 COMMUNICATIONS AND QUESTIONS.

21.1 Communications. All communications concerning the RFP, including any of a technical nature, shall be made through the Contracting Officer.

21.2 Questions. Specific questions regarding this RFP should be submitted as soon as possible, but no later than 4:00 p.m. Eastern Time on 3 APRIL 2013 to: Aubrey.Brick@cfpb.gov and Laurent.Pichet@cfpb.gov. Firms shall use the format set forth within Attachment 1 to this RFP, Question Format, when submitting questions.

22.0 PROPOSAL SUBMISSION INSTRUCTIONS.

22.1 Time for Submission. Proposals submitted in response to this RFP must be received by Aubrey.Brick@cfpb.gov and Laurent.Pichet@cfpb.gov no later than 4:00 p.m. Eastern Time on 12

APRIL 2013.

22.2 Address each of the evaluation factors listed in Section 23.0 below. No other information is required.

See the Submission Table for page limits and response times. Firms shall comply with the page limitation(s) identified within the Submission Table. Any pages with additional information provided will not be considered or evaluated.

22.3 Provide a narrative (Section 23.0 (a)(1.1)) that describes a minimum of five (5) years experience performing diversity consulting services and includes a minimum of three (3) recent engagements (within the past five years) that demonstrates the firm’s previous experience including, but not limited to, developing strategic plans, conducting focus groups, developing diversity training plans, and devising methods of analysis of the diversity in the workforce. The engagements must have been performed in the last five years and the firm must indicate the start and end date of performance, the Federal Agency, and describe in detail the diversity consulting work that was performed. In addition, provide technical approaches to address Section 23.0(a)(1.2) and (1.3), to accomplishing the work set out in Section 3.0, Task I, Data Analysis; Task II, Data Audit; and Task III, Strategic Plan, that describes the methodology Offeror will employ to accomplish the tasks required. Offerors will be evaluated on the effectiveness and efficiency of the proposed approach to analyzing data and applications systems, and in their approach to performing the internal data diversity audit and of the firm’s approach in the development of a strategic plan for the Office of Minority and Women Inclusion.

22.4 Complete and submit the Firm Fixed Price Table (Section One, Subpart 2.1) in Excel (or similar) format.

22.5 Proposals shall be submitted electronically. The Government shall not be responsible for any electronic transmission and/or bandwidth issues that may prevent the acceptance, or processing, of any submission to the Government. Electronic files must be in a format that can be read by Microsoft Office and/or Adobe applications. Electronic files submitted will be scanned for viruses; any files mailto:Aubrey.Brick@cfpb.gov mailto:Laurent.Pichet@cfpb.gov mailto:Aubrey.Brick@cfpb.gov mailto:Laurent.Pichet@cfpb.gov

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containing a virus will be immediately deleted and may disqualify the proposal from further consideration for award. Late proposals will not be accepted or evaluated.

22.6 Page Limits. Firms shall address each of the evaluation factors listed in this Section in their proposals.

See the Submission Table for page limits and response times. Firms shall comply with the page limitation(s) identified. Any additional words or pages provided will not be considered or evaluated.

22.7 Submission Table.

ITEM DUE PAGE

LIMIT

DATE

Questions April 3, 2013

Cover page, and Table of Contents

April 12, 2013

SF1449, signed

SF30, Amendments (if any), signed

Vendor POC identified

Diversity Consulting Experience Narrative 6

Technical Approach Narrative – Data Analysis & Audit (Tasks

I & II)

Technical Approach Narrative – Strategic Plan 4

Firm Fixed Price Table

Certs and Reps/ORCA data

23.0 PROVISIONS INCORPORATED BY FULL TEXT.

FAR 52.212-2 -- Evaluation -- Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and non-price factors considered. In addition to price, the following factors, which are listed in descending order of importance, will be used to evaluate proposals. All non-price evaluation factors, when combined, are significantly more important than the price evaluation factor.

1.0 NON-PRICE EVALUATION.

1.1 Previous Diversity Consulting Experience: Provide a narrative (Section 23.0 (a)(1.1)) that describes a minimum of five (5) years’ experience performing diversity consulting services and includes a minimum of three (3) recent engagements (within the past five years) that demonstrates the firm’s previous experience including, but not limited to, developing strategic plans, conducting focus groups, developing diversity training plans, and devising methods of analysis of the diversity in the workforce. The Key Personnel must have a minimum of five (5) years’ experience or your firm will be rated unacceptable in this evaluation factor. The engagements must have been performed in the last five years and the firm must indicate the start and end date of performance, the Federal Agency or private

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firm, and describe in detail the diversity consulting work that was performed. The Diversity Consulting Experience Narrative provided by the firm detailing previous diversity consulting experience should not exceed six (6) pages.

1. 2 Technical Approach to DATA ANALYSIS and DATA AUDIT – Evaluation Criteria: Firms shall provide a technical approach to accomplishing the work set out in Section 3.0, Task I, DATA ANALYSIS and Task II, DATA AUDIT, based on industry practices and standards that describes the methodology it will employ. Firms will be evaluated on the effectiveness and efficiency of the proposed approach to analyzing data and applications systems, and in their approach to performing the internal data diversity audit. This Technical Approach Narrative provided by the firm should not exceed four (4) pages.

1.3 Technical Approach to STRATEGIC PLAN – Evaluation Criteria: Firms shall provide a technical approach to accomplishing the work set out in Section 3.0, Task III, STRATEGIC PLAN, based on industry practices and standards that describes the methodology it will employ. Specifically, a discussion of the firm’s approach in the development of a strategic plan for the Office of Minority and Women Inclusion is required. This Technical Approach Narrative provided by the firm should not exceed four (4) pages.

2.0 PRICE EVALUATION. Pricing will be evaluated for reasonableness, but will not receive a rating. The

CFPB will review each Offeror’s total evaluated price for reasonableness. (The total evaluated price is the aggregate of the total prices reflected in an Offeror’s Firm Fixed Price Table , and is based on the Offeror’s rates, labor mix, and levels of effort proposed.)

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision)

FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (DEC 2012)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

https://www.acquisition.gov/

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“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

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Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the…