CFP-17-R-00013.pdf

Request for Proposal CFP-17-R-00013 Commissioning Test and Case Study Validation

CONSUMER FINANCIAL PROTECTION BUREAU

WASHINGTON, DC 20552

Date: August 15, 2017

To: Interested Offerors

Subject: Request for Proposal (RFP) CFP-17-R-00013, CFPB Examiner Commissioning

Multiple-Choice Test and Examiner in Charge (EIC) Case Study Validation

Dear Offeror:

The purpose of this Request for Proposal (RFP) is to acquire services to validate the Examiner Commissioning Test and associated case studies for the Office of Supervision within the Consumer Financial Protection Bureau (CFPB or the Bureau). In accordance with the guidelines discussed below, CFPB requests proposals in response to this RFP.

The CFPB hereby issues a combined synopsis/solicitation for commercial items issued on FedBizOpps (FBO) using the policies contained in FAR Subpart 12 - Acquisition of Commercial Items, FAR Subpart 13- Simplified Acquisition Procedures, and FAR Subpart 15-Contracting by Negotiation. A description of the work required is in the attached Statement of Work. Based upon its evaluation of proposals received in response to this RFP, the CFPB intends to issue a single contract, but reserves the right to make multiple awards, or none. The CFPB will award a contract to the Offeror offering the best value in proposing to satisfy Bureau needs. The North American Industry Classification System (NAICS) code for this procurement is 611710, Educational Support Services, and the Product Service Code (PSC) is U008, Education/Training- Training/Curriculum Development. Detailed instructions for preparing and submitting a proposal are contained in the RFP, along with the criteria to be used by CFPB in evaluating proposals. This procurement is unrestricted. Please note that Other Than Small businesses must comply with subcontracting regulations and submit a subcontracting plan.

Questions concerning this RFP must be received by email to Contract Specialist, Crystal McKay at Crystal.McKay@cfpb.gov and Contracting Officer, Vanessa del Toro at vanessa.deltoro@cfpb.gov no later than 12:00 p.m. Eastern Time (ET) on August 21, 2017. The CFPB reserves the right to not answer questions received after that time.

mailto:Crystal.McKay@cfpb.gov mailto:vanessa.deltoro@cfpb.gov

All proposals responding to this RFP must be submitted via e-mail to both Crystal.McKay@cfpb.gov and vanessa.deltoro@cfpb.gov by no later than 3:00 p.m. Eastern Time (ET) on August 29, 2017.

CFPB greatly appreciates your attention to this requirement.

Sincerely, Vanessa del Toro Contracting Officer mailto:Crystal.McKay@cfpb.gov

TABLE OF CONTENTS

A. STANDARD FORM (SF) 1449

B. CONTINUATION OF SF1449

B.1 Background

B.2 Objective

B.3 Schedule of Services and Prices

B.4 Statement of Work

B.5 Type of Contract and Period of Performance

B.6 Quality Assurance

B.7 Electronic Submission of Payment Requests

B.8 Key Personnel

B.9 Substitution of Key Personnel

B.10 Place of Performance

B.11 Recognized Holidays

B. 12 Hours of Operation

B. 13 Physical Security

B. 14 Special Qualification

B. 15 Contractor Travel

C. CONTRACT CLAUSES

C.1 FAR 52.212-4, Contract Terms and Conditions—Commercial Items, by reference (see

SF 1449 block 27a);

C.2 Addendum to 52.212-4

C.2.1 Authority – Contracting Officer

C.2.2 Contracting Officer’s Representative (COR) Designation and Authority

C.2.3 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive orders;

C.2.4 Public Release of Contract

C.2.5 FAR 52.217-9 Option to Extend the Term of the Contract https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

C.2.6 Inspection of Books & Records

C.2.7 FAR 52.232-39 Unenforceability of Unauthorized Obligations

C.2.8 Records Management

C.2.9 Organizational Conflict of Interest

C.2.10 Security Requirements

C.2.11 Cybersecurity/IT Security

C.2.12 Universal Access and Design

C.2.13 Contractor Publicity

C.2.14 FAR 52.252-2 Clauses incorporated by Reference

C.2.15 Clauses Incorporated in Full Text

D. SOLICITATION PROVISIONS—

D.1 FAR 52.212-1, Instructions to Offerors—Commercial Items, by reference (see SF

1449, Block 27a);

D.2 Agency Level Protest Clause

D.3 Submission Instructions

D.4 Proposal Evaluation

D.5 FAR 52.212-3, Offeror Representations and Certifications—Commercial Items

E. LIST OF ATTACHMENTS

E.1 ATTACHMENT 1: PRICE EVALUATION TEMPLATE

E.2 ATTACHMENT 2: QUESTION FORMAT

E.3 ATTACHMENT 3: PAST PERFORMANCE QUESTIONNAIRE

https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179124 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194

B. CONTINUATION OF SF1449

B.1 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). Under the Act, part of CFPB’s mission is to supervise institutions to foster compliance with consumer financial protection laws to promote a fair and non-discriminatory consumer financial marketplace.

The CFPB supervision function is staffed with examiners requiring various degrees of training.

Inexperienced examiners will need training, known as the Examiner Commissioning Program (ECP), to understand the business operations of financial institutions they will be examining, and the consumer financial laws and regulations enforced by the CFPB. Once an examiner has completed the ECP, the examiner earns the title of Commissioned Examiner. The final steps in earning a commission are a multiple choice test and a case study. Accordingly, CFPB seeks a contractor to validate the examiner Commissioning Multiple-Choice Test and the Examiner in Charge (EIC) Case Study, both of which ensure candidates for commissioning demonstrate proficiency in the curriculum covered by the ECP.

The Contractor shall confirm that services performed under this contract conform to the standards established by the Uniform Guidelines on Employee Selection Procedures (UGESP) and other professional standards related to testing and assessment (e.g., the Principles for the Validation and Use of Personnel Selection Procedures, The Standards for Educational and Psychological Testing), and be legally defensible.

B.2 OBJECTIVE.

Validate the content of the CFPB examiner Commissioning Multiple-Choice Test and EIC Case Study in accordance in with the standards established by the UGESP and other professional standards related to testing and assessment to ensure the content is legally valid per any changes in CFPB regulations.

Validation will be yearly, but may require interim item/question validations as modification to the exam content are needed due to policy or regulatory changes.

B.3 SCHEDULE OF SERVICES AND PRICES

The contract Schedule shown within this Section provides the firm-fixed prices for Contractor delivery of products, and performance of services under this contract. The prices and rates are inclusive of all direct- and indirect costs (including salaries; fringe benefits; overhead; and general and administrative expenses) and profit, and will be applicable for the duration of the term of the contract.

Pricing Tables:

Base year

CLIN Line Item Firm-Fixed Price

Roadmap for Commissioning Test and Case Study

Commissioning Test Validation

Validation of Case Study (onsite 4 times a year)

0004 Travel NTE $22,300*

OPTION:Assessor training (onsite)

OPTION: Second assesor training (onsite)

Option Year 1

CLIN Line Item Firm-Fixed Price*

Commissioning Test Validation

Validation of Case Study (onsite 4 times a year)

0009 Travel NTE $16,078*

OPTION:Assessor training (onsite)

OPTION: Second assessor training (onsite)

Option Year 2

CLIN Line Item Firm-Fixed Price

Commissioning Test Validation

Validation of Case Study (onsite 4 times a year)

0014 Travel NTE $16,561*

OPTION: Assessor

Option Year 3

Commissioning Test Validation

Validation of Case Study (onsite 4 times a year)

0019 Travel NTE $17,057*

OPTION: Assessor training (onsite)

Option Year 4

Commissioning Test Validation

Validation of Case Study (onsite 4 times a year)

0024 Travel NTE $17,569

OPTION: Assessor training (onsite)

Extension of Services (6 month maximum)

Commissioning Test Validation

Validation of Case Study (onsite 2 times)

0029 Travel NTE $9,048*

OPTION: Assessor

*Travel is not paid on a firm-fixed price basis, but on a reimbursable basis up to a Not-to-Exceed (NTE) amount. For additional requirements, see B.15, below.

B.4 STATEMENT OF WORK (SOW)

The test and associated materials will be for the exclusive use of CFPB.

4.1 Development of roadmap for Commissioning Multiple-Choice Test and EIC Case Study

4.1.1 Development of roadmap

4.1.1.1 The Contractor shall develop a roadmap for Commissioning Multiple- Choice Test and EIC Case Study to establish the pass point for the Commissioning Multiple-Choice Test based on the standards established by the UGESP and other professional standards related to testing and assessment, as well as input from Subject Matter Expert (SME).

4.1.1.2 The Contractor shall -- on an annual basis (at a minimum) and also on an as needed basis when items are updated -- perform item analysis including, but not limited to, indexes of difficulty and discrimination, to determine the characteristics and effectiveness of each item appearing on the Commissioning Multiple-Choice Test and Case Study. This analysis will be made available to CFPB in a report.

4.1.1.3 The Contractor shall validate the content of the Commissioning Multiple-Choice Test and EIC Case Study in accordance in with the standards established by the UGESP and other professional standards related to testing and assessment.

4.1.1.4 The validation shall ensure that the content of the Commissioning Multiple-Choice Test and EIC Case Study is legally valid per any changes in CFPB regulations.

4.1.2 Deliverable:

4.1.2.1 Written roadmap for Commissioning Test and Case Study validation

4. 2 Examiner Commissioning Multiple-Choice Test

4.2.1 Validation of the Commissioning Multiple-Choice Test and development of questions as necessary:

4.2.1.1 Use the roadmap for Commissioning Multiple-Choice Test to validate the pass point for the Commissioning Multiple-Choice Test based on the standards established by the UGESP and other professional standards related to testing and assessment, as well as input from SMEs.

4.2.1.2 Validate the written Commissioning Multiple-Choice Test, which is designed to ensure participants have the necessary knowledge required of a CFPB commissioned examiner. The Commissioning Multiple-Choice Test is designed to measure the practical knowledge areas than an examiner experiences regularly, and must know as part of the exam process. The

Commissioning Multiple-Choice Test consists of 150 multiple-choice questions covering eight major knowledge categories.

4.2.1.2 Perform item analysis including, but not limited to, indexes of difficulty and discrimination, to determine the characteristics and effectiveness of each item appearing on the examinations. This analysis will be made available to CFPB in a report.

4.2.1.3 The Contractor shall validate the content of the Commissioning Multiple-Choice Test in accordance in with the standards established by the UGESP and other professional standards related to testing and assessment.

4.2.1.4 The validation should ensure that the content of the test is legally valid per any changes in CFPB regulations.

4.2.2 Deliverables:

4.2.2.1 Validation report, including technical documentation in accord with UGESP describing the validation effort for the test.

4.2.2.2 Validated test content and case study materials in electronic form and administrative instructions including conducting any training needed.

4.2.2.3 Data and supporting material in electronic form for any needed reanalysis and internal use.

4.2.2.4 The Commissioning Multiple-Choice Test content in electronic form and administrative instructions including supporting material in electronic form for any needed reanalysis and internal use.

4.2.3 CFPB will provide:

4.2.3.1 Subject Matter Experts (SMEs) to write Commissioning Multiple- Choice Test questions

4.2.3.2 Course materials and other relevant information that serve as basis for test questions

4.2.3.3 Meeting space for all meetings with the Contractor.

4.3 EIC Case Study

4.3.1 Validation of four (4) case EIC Case Studies each year:

4.32.1.1 Using the roadmap for Commissioning Multiple-Choice Test and EIC Case Study, the contractor will validate the written EIC Case Study exercise to ensure the materials conform to UGESP and other professional standards. The EIC Case Study is used to evaluate candidates’ ability to apply technical knowledge to a set of examination facts; arrive at reasonable and supportable conclusions; and demonstrate strong interpersonal skills when presenting examination conclusions to evaluators, acting in the role of an institution’s Board of Directors. Candidate will:

• Review and analyze the case study;

• Prepare an executive summary that conveys the scope, findings, conclusions, corrective actions, and a compliance rating with supporting narrative;

• Present findings, conclusions, and corrective actions in a simulated exit meeting with entity personnel, who are role-played by CFPB assessors.

• After achieving a passing score on the EIC Case Study Assessment, receive commissioned examiner status.

4.3.1.2 Content for the EIC Case Study will be developed by CFPB SMEs.

4.3.1.3 On an as needed basis, as determined necessary by CFPB due to actual or potential legal action, the Contractor must be available to provide technical expertise and/or expert services in support of the validity of a test and/or case study. (Note that the Background section explains that exam contents and validity must be defensible in court.)

4.3.2 Deliverables:

4.2.2.1 Validation report, including technical documentation in accord with UGESP describing the validation effort.

4.2.2.2 Validated case studies

4.4 OPTION LINE ITEM: [To be exercised at least thirty (30) days in advance Case Study Assessor training

4.4.1 The Contractor shall develop a two-day assessor training and deliver it onsite.

4.4.2. In order for a CFPB employee to serve as an assessor for the Commissioning Case Study, a potential assessor must first attend two day training. The onsite assessor training provides the required training covering each dimension of the scoring criteria as well as level setting the scoring system. During this training, the potential assessors will learn the methodology for completion of candidate rating scales through lecture and exercises including scoring previously recorded mock candidates.”

Objectives

• Purpose of the EIC Case Study Exercise (CSE)

• Rationale for the CSE

• Brief description of the CSE

• What is measured in the CSE

• Assessor schedule

• Role of assessors

• Day 1

• Module 1: Introduction to the EIC Case Study Exercise

• Module 2: About this Training

• Module 3: Rating Fundamentals

• Module 4: Administering the EIC Case Study Exercise

• Module 5: Scoring the EIC Case Study Exercise

• Day 2

• Module 5: Scoring the EIC Case Study Exercise (continued)

• Module 6: Consensus and Feedback

• Module 7: Wrap-Up

4.4.3 Deliverables:

4.4.3.1 Two-day assessor training materials administrative instructions, and supporting material in electronic form.

4.4.3.2 Delivery of training

4.4.4 CFPB will provide:

4.3.3.1 SMEs to write the Commissioning Multiple-Choice Test and EIC Case Study questions.

4.3.3.2 Course materials and other relevant information that serve as the basis for the Commissioning Multiple-Choice Test and EIC Case Study questions

4.3.3.3 Meeting space for all meetings with the Contractor.

4.3.3.4 SMEs to attend the onsite assessor training.

Deliverables Table

Deliverable Due Date/Delivery Development of roadmap for Commissioning Multiple-Choice Test and Case Study

Four weeks after award of contract (Base year only)

Validate the pass point for the Commissioning Multiple-Choice Test

TBD, in time for October or April test following contract or option award

Validation report for the Commissioning Multiple- Choice Test

December 31 of each contract year

Commissioning Multiple- Choice Test electronic form

TBD, in time for the Multiple Choice test on October or April following contract or option award

Perform item analysis for the Commissioning Multiple-Choice Test -

Annually – Exact date TBD

Monthly “Punch list” of items that need attention

Monthly – exact day of the month to be determined

Validation of EIC Case Study exercise (Paragraph 4.2.1)

TBD, in time for the Commissioning Case Study November or April after contract or option award

Perform item analysis and validate the content on the Commissioning Multiple and Case Study (Paragraphs 4.3.1.2;

4.3.1.3; and 4.3.1.4.)

Annually – Exact date TBD

Validation report for the EIC Case Study exercise (Paragraph 4.2.2; 4.2.2.3.1;

4.3.2.4)

December 31 of each contract year

Data and supporting material for any needed reanalysis

TBD, as needed

OPTION: Assessor training (paragraph 4.4)

TBD, available November or April after exercising option

B.5 TYPE OF CONTRACT AND PERIOD OF PERFORMANCE

This will be a Firm-Fixed Price (FFP) contract with optional FFP line items, and cost reimbursable travel. It will consist of a twelve (12) month Base period and four (4) one-year option periods, with a potential extension of six (6) months. The period of performance is expected to begin on September 2017 and continue until February 2023, if all options are exercised.

B.6 QUALITY ASSURANCE.

6.1 The awarded vendor shall provide written assurance that that services performed under this contract conform to the standards established by the Uniform Guidelines on Employee Selection Procedures (UGESP) and other professional standards related to testing and assessment (e.g., the Principles for the Validation and Use of Personnel Selection Procedures, The Standards for Educational and Psychological Testing).

6.2 The awarded vendor shall submit all deliverables by the stated due dates, or mutually agreed upon deliverable due dates set prior to beginning work on any particular task.

Contract Administration Data

B.7 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).

Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

I The Contractor may submit payment requests using other than IPP only when the

Contracting Officer authorizes alternate procedures in writing.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

7.1 PAYMENT AND INVOICE QUESTIONS

For payment and invoice questions, go to https://www.ipp.gov or contact the Accounting

Services Division at (304) 480-8000 option 7 or via email at

AccountsPayable@fiscal.treasury.gov.

7.2 OVERPAYMENTS.

7.2.1 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.

https://www.ipp.gov/ mailto:AccountsPayable@fiscal.treasury.gov

7.2.2 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

B.8 KEY PERSONNEL.

The Contractor is responsible for ensuring all employees possess and maintain qualifications as follows:

8.1 Contract/Project Manager (CM)

The Contractor shall provide a CM who shall be responsible for the performance of the work assigned to the contract. The name of this person and an alternate who shall act for the Contractor when the CM is absent shall be designated in writing to the Contracting Officer. The CM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The CM or alternate shall be available between 8:00 a.m. to 5:00p.m., Eastern Time, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

8.2 Psychometrician, PhD, Minimum 5 years’ related experience and related Doctorate degree

8.3 Psychometrician, Master’s, Minimum 5 years’ related experience and related Master’s degree.

8.4 The Contractor’s Key Personnel Project Manager for this contract is:

Name:

Office Phone:

E-Mail Address:

The Contractor’s Psychometrician, PhD, is:

Name:

Office Phone:

E-Mail Address:

The Contractor’s Psychometrician, Master’s, is:

Name:

Office Phone:

E-Mail Address:

B.9 SUBSTITUTION OF KEY PERSONNEL.

The Contractor shall submit a written request to the COR at least ten (10) business days prior to substitution of assigned key personnel. The Contractor shall include the circumstances necessitating the proposed replacement of the key personnel and shall provide the name and resume of the proposed replacement. Replacements shall possess equal or greater qualifications than those they are replacing and must be approved in advance by the COR. The Contracting Officer will decide any disagreements regarding the substitution of any key personnel.

B.10 PLACE OF PERFORMANCE.

The onsite validation of the testing evaluation to be performed under the contract will be performed at locations and venues (to be determined), in the Washington DC Area, as set up by CFPB.

B.11 RECOGNIZED HOLIDAYS

The Contractor is not required to perform services on the following Federal holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

B.12 HOURS OF OPERATION

The Contractor is responsible for conducting business between the hours of 8:00 a.m. and 5:00 p.m. Eastern Time Mondays through Fridays, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks outlined in this Contract when the Government facility is not closed for the above reasons.

B.13 PHYSICAL SECURITY. The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

B.14 SPECIAL QUALIFICATIONS.

B.15 CONTRACTOR TRAVEL Contractor will be required to travel Continental United States and within the National Capital R during the performance of the contract to attend meetings, conferences, and training. The contractor may be required to travel to off-site training locations and to ship training aids to these locations in support of this PWS. The contractor will be authorized travel expenses consistent with the substantive provisions of the Federal Travel Regulation (FTR) and the limitation of funds specified in the contract; in general, local travel will not be authorized. All travel requires prior Government approval/authorization and notification to the COR. A Not to Exceed (NTE) travel amount has been estimated for the Base and each Option period of this solicitation. Travel amounts beyond the NTE will not be authorized.

C. 2 CONTRACT CLAUSES – Addendum to SF 1449, block 27a, 52.212-4

C.2.1 AUTHORITY — CONTRACTING OFFICER

a. The Contracting Officer for this contract is:

Vanessa del Toro

Contracting Officer

Consumer Financial Protection Bureau

1700 G Street, NW

Washington, DC 20552

Phone Number: 202.435.7798

Email: vanessa.deltoro@cfpb.gov

b. The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition

Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, 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 price to cover any increase in cost incurred as a result thereof.

C.2.2 CONTRACTING OFFICER REPRESENTATIVE (COR) DESIGNATION AND

AUTHORITY

a. The Contracting Officer Representative is:

Larry Haas Office of Supervision Consumer Financial Protection Bureau 1700 G Street, NW, Washington, DC 20552 Phone Number: (202) 435-7903 Email: Larry.Haas@cfpb.gov

b. Performance of work under this 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.

c. Technical direction must be within the scope of the specification(s)/work statement.

The COR does not have authority to issue technical direction that:

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

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

mailto:Larry.Haas@cfpb.gov

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

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

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

d. Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the contracting officer.

e. 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 I, above, the Contractor shall immediately notify the contracting officer no later than the beginning of the next

Government work day.

f. 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.”

C.2.3. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(JAN 2017)

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

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

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

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

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

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

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

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

3509)).

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

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

__ (5) [Reserved].

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

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 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).

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

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

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

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2016)(15 U.S.C. 644(r)).

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

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

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

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

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

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

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

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

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

793).

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

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

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

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

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

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

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

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

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

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

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

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

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

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

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

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

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

8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).

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

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

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

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

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

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

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

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

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

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

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

__ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

5150).

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

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

_X_ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

637(d)(12)).

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

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

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

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

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

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

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

chapter 67).

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

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

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

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

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

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

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

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

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

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

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

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

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

3509).

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

793).

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

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

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

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

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

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

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

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

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

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

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

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

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

13706).

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

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

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

C.2.4 PUBLIC RELEASE OF CONTRACT (APR 2015)

CFPB is dedicated to transparency and plans to make the award document available to the public after award. If selected, the Contractor agrees to electronically submit to the CFPBprocurement@cfpb.gov mailbox, within ten business (10) days from the date the contract is awarded (exclusive of Saturdays, Sundays, and federal holidays), a .pdf file 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 at the sole discretion of CFPB. In the interest of transparency, only necessary redactions may be proposed. If the Contractor does not timely submit this contract deliverable, CFPB may construe such inaction to indicate that the Contractor has no objection to CFPB publicly disclosing such contract without redaction, and CFPB may do so without further notification to the Contractor. CFPB reserves the right to disclose any award document information that it deems appropriate in accordance with the law.

The Contractor further agrees to provide a detailed written statement specifying the basis for each of its proposed redactions, if any, including any 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 contract requirement might be subject to disclosure under the FOIA. CFPB will carefully consider all proposed redactions and associated grounds for nondisclosure prior to making a final determination as to what information in the contract may be properly withheld.

C.2.5 FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting

Officer may exercise the option by written notice to the Contractor within 30 days of exercising the option. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

C.2.6 FAR 52.217-9 OPTION TO EXTEND TERM OF THE CONTRACT (MAR 2000)

a. The Government may extend the term of this contract by written notice to the Contractor within fifteen (15) days of the expiration of the initial term; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

C.2.7 INSPECTION OF BOOKS & RECORDS (APR 2015)

2.7.1 This clause is applicable to any contractual vehicle, regardless of the amount or the manner into which it was entered.

2.7.2 The Contractor agrees that the Consumer Financial Protection Bureau (including its authorized representative and/or its Office of Inspector General) (collectively, “CFPB”) shall, until expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the CFPB shall have the same rights to the subcontractor books, documents, papers and records as specified above.

2.7.3 The periods of access and examination described above, for records which relate to (1) litigation or the settlement of claims arising out of the performance of this Contract, or

(2) costs and expenses of this Contract as to which exception has been taken by the

CFPB, shall continue until such litigation, claims, or exceptions have been disposed of, and CFPB has specified in writing that exception is no longer being taken.

2..4 CFPB’S Office of the Inspector General (OIG)

2.7.4.1 This clause is applicable to any Contract regardless of the amount or the manner into which it was entered.

2.7.4.2 For the avoidance of doubt, nothing in this Contract…