CFP-14-R-00009_Amendment_001.pdf

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Design and Development of Learning Modules for the Consumer Financial Protection Bureau Federal contract opportunity
Solicitation number
CFP-14-R-00009
Issued by
Consumer Financial Protection Bureau

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CFP-14-R-00009 Amendment 001

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CFP-14-R-00009

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

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

CFPB

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

CONSUMER FINAN PROTECTION BUREA

CFP

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

CONSUMER FIN PROTECTION BUREAU

08/15/2014001

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

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

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

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

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/07/2014

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

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

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

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

ORDER NO. IN ITEM 10A.

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

The purpose of Amendment 001 is to provide responses to vendor questions.

Pages 10-69 of the RFP are deleted and replaced with the attached pages 10-69.

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

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

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

NICHOLAS R. OLSON

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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

Amendment 001 - Answers to Vendor Questions

SUBJECT: Request for Quote #: CFP-14-R-00009, Design and Development of Learning Modules for the Consumer Financial Protection Bureau

SECTION ONE

1 Q Paragraph 4.0: Would the CFPB consider a program based upon an appropriate version of a Vendor’s existing proprietary software to help with cost savings?

A Proprietary software is difficult for CFPB to incorporate into its enterprise architecture. Any immediate cost savings will likely be lost in long term maintenance of a solution that does not fit into the enterprise architecture easily. The vendors should propose what they believe is the best solution, which solution also meets the requirements of the SOW/PWS, including Section Three, Para. 16.0. CFPB will evaluate all technical and cost proposals in accordance with the stated evaluation factors..

2 Q Paragraph 4.0: If a Vendor cannot sell the exclusive rights to its software to the CFPB, would the CFPB consider a contractual relationship in which the Vendor leases a single-use version of its software?

A This is similar to question 1. Vendor/proprietary software lock-in is fundamentally against CFPB enterprise architecture.

3 Q Paragraph 4.0: Would the Vendor be involved in developing the messaging which would eventually be delivered in this modular program?

A The CFPB will develop and tailor the educational content, with assistance from the Vendor, for incorporation into the e-learning module. Any content the Vendor would like to use in the project must be approved by the CFPB OSA and messaged in a manner that’s consistent with the CFPB Design Guide provided in the RFP.

4 Q Paragraph 4.0: If a Vendor has already developed extensive consumer messaging, could the Vendor’s technical proposal include a modification of some of the Vendor’s current messaging?

A The CFPB will develop and tailor the educational content, with assistance from the Vendor, for incorporation into the e-learning module. Any content the Vendor would like to use in the project must be approved by the CFPB Office of Servicemember Affairs (OSA) and consistent with the CFPB Design Guide provided in the RFP.

SECTION TWO

5 Q Para 2.0: The Purpose states that a "mobile first" design approach should be utilized. Can you explain what this means?

A The e learning must be accessible and fully functioning on mobile devices as well as desktop computers. For instance, all appropriate content must be accessible on smaller screens and device agnostic without loss of usability (i.e. responsive design). Please see Sample Task Order Section 3.0., Para. 3.3, Technical Requirements.

6 Q Paragraph 3.0: Please define the acronym, "DEP", in this context. Who is the DEP recruit target audience?

A Delayed Entry Program (DEP) consists of recruits who have already enlisted but are awaiting entry into Basic Training. These recruits, generally between the ages of 18-20, are in a fluid waiting period before entering Basic Training (the waiting period is based on the personnel needs of the specific branch of service and can range from a few weeks to several months).

Please see the revised language at Section Two, Para. 3.0, Scope.

7 Q Paragraph 3.0: What are "just enough just in time" topics?

A “Just enough just in time” is a concept related to providing the right type of education, information or training to the applicable audience at the ideal time. Topics will be selected by the CFPB with vendor input that align with previous analysis and target audience definitions developed by the CFPB. Please see the revised language at Section Two, Para. 3.0, Scope.

8 Q Paragraph 3.0: Who is the target audience for this money management course?

How many courses are to be developed? How many topics?

A The CFPB plans to develop a 3 module money management course focusing on topics most important to the DEP population as they wait for entry to the Service. Please see the revised language at Section Two, Para. 3.0, Scope.

Overall, CFPB anticipates developing five modules similar in scope and duration to the Sample Task Order (see Section Four, Subsection 3.3.3.2 for further details).

9 Q Paragraph 3.0: How many additional e-learning/mobile curricula are to be developed?

A Overall, CFPB anticipates developing five modules similar in scope and duration to the Sample

Task Order (see Section Four, Subsection 3.3.3.2 for further details).

10 Q Paragraph 3.0: If CFPB wishes to transfer hosting from the vendor to CFPB, what learning management system will the courses be transferred to?

A This is TBD. CFPB does not currently have a learning management system that is exposed outside the firewall (i.e. to the DEP population). Given the solutions the vendors propose, different migration paths will likely be required. Therefore, further fleshing out of this migration will need to occur.

11 Q Paragraph 3.0: Is there a requirement for SCORM, AICC, or TinCan compliance?

A Yes, there is a requirement for the elearning to be SCORM compliant however CFPB is not familiar with AICC or TinCan.

SECTION FOUR

12 Q Paragraph 2.5 and 3.2.2: Does CFPB want resumes included in the proposal? If yes:

• For what positions, does CFPB want to see resumes?

• Are the resumes to be included as an appendix to the proposal?

A The CFPB does not want resumes included in the proposal submission. All required documents are listed in Section 2.5, Submission Table.

13 Q Paragraph 2.5, 3.2: Is the contractor to provide information for the past performance references? If yes, how many references should be provided and what information does the government require for each?

A As stated in Section Four, 3.2, “the CFPB may consider other information it is able to obtain or otherwise receives that addresses the Offeror’s past performance. This includes relevant past performance information CFPB may obtain as a result of the Offeror’s identification of Federal, state, local government and/or private contracts it has had within the past five years to perform the same or similar work to this Government requirement.”

Contractors may provide references as part of their proposal using the template in Attachment 4.

Contractors may provide up to 3 references and should include the 6 pieces of information listed in Attachment 4. Please also see the revised information at Section Four, Para. 3.2, Past Performance; and the submission table, which includes a 1 page limit for Past Performance References.

14 Q Paragraph 2.5: May the Offeror include additional information in VOLUME I to include corporate overview information, management approach and/or overall IDIQ technical approach? If so, will the additional information be considered part of the 4 page limit?

A Proposals will be evaluated in accordance with the technical evaluation criteria listed in Section Four, Subsection 3.0, Evaluation Factors and Basis for Award, of the RFP.

15 Q Paragraph 3.0: In addition to the technical approach for the sample task order, will the offeror be evaluated on a technical approach for the overall IDIQ requirements (SECTION

TWO)?

16 Q Paragraph 3.0: Will the offeror be evaluated on an approach for IDIQ management or task order management?

17 Q Paragraph 3.0: Will the offeror be required to propose key personnel other than those required for the sample task order?

A The Offeror must include the Labor Categories necessary to perform the Sample Task Order in the Price Model for the Sample Task Order (16.2) however the Offeror is not required to propose any Key Personnel.

The only personnel required to be identified as part of the proposal submission are the Offeror’s designated Contractor Point of Contact (RFP Section III, 9.0) & Vendor Point of Contact (Attachment 3, 14.0).

18 Q Para 3.1.2: The Technical Approach Narrative to the Sample Task Order is currently limited to four (4) pages. Would the CFPB consider increasing the page limit?

A Yes. The Technical Approach Narrative to the Sample Task Order page limit has been increased to eight (8) pages. Please see the revised Section Four, Subsection 3.1.2, Technical Approach to Sample Task Order Submission Instructions.

MISC

19 Q Do any Vendors currently, or have any in the past 3 years, performed the same or similar work? If yes, can you provide the basic contract details if available (i.e. contract number, vendor, and value)?

A A contract for similar services was awarded in 2012. See information below.

Contract #: CFP-12-C-00011 Contractor: Mad Pow Media Solutions, LLC Award Amount: $494,893.00 Award Date: September 28, 2012

20 Q Since Vendors will be hosting the eLearning website and will not interface with CFPB IT or technology, will Vendor personnel be required to do the background check, fingerprints, etc.?

A It is likely that Contractor Personnel will go through the Security Pre-Screening Process. CFPB Policy states that “a Background Investigation (BI) is required for all Contractor personnel

(includes subcontractor personnel) who are:

a. Working on-site;

b. Accessing Bureau systems;

c. Accessing Bureau data which, if misused, would likely cause significant harm; or

d. Representing the Bureau in a significant capacity.”

21 Q Is this RFP for enlistees? The RFP appears to be for military families, and does not mention enlistees, etc.

A The scope of the IDIQ includes but is not limited to DEP recruits. As stated within Section Two, Para., 3, future task orders under the IDIQ may target, but are not limited to:

a. Servicemembers at various career stages

b. Veterans and/or retirees

c. Dependents of servicemembers and veterans

22 Q Is this RFP a request to develop software or a request to in essence to develop financial messaging?

A The contractor will be required to provide the e-learning design and development services:

-- The technical team must have experience using Agile methodologies to deliver working software in constant short-term increments. They must have demonstrable experience working with at least one industry recognized Agile framework, including but not limited to Scrum, Kanban, or XP. (Please see Section 3.0 of the Sample Task Order).

-- The technical team must have experience in writing software tests, including but not limited to unit, functional, or behavioral tests. The technical team must include staff that have experience with automated testing or continuous integration systems.(Please see Section 3.0 of the Sample Task Order).

23 Q What data does CFPB wish to track on each student?

A In accordance with statutory requirements such as the Privacy Act, as applicable, the CFPB and the vendor will jointly decide what data will be needed to be track to test the effectiveness of the elearning. The learner should be able to access and retrieve information after it is initially presented.

24 Q Does CFPB want the courses to contain assessments that are scored and reportable to both the student and CFPB?

A Data collected from pilot testing must be completely anonymous, with all reasonable steps taken to prevent the CFPB from identifying a particular individual or the associated personally identifiable information PII.

25 Q Does CFPB want a profile of user information gathered and stored for each student (i.e.

name, location, age, current financial income, current employment status, current savings amount, education level, upcoming financial events in their lives, etc.?

A Data collected from pilot testing must be completely anonymous, with all reasonable steps taken to prevent the CFPB from identifying a particular individual or the associated personally identifiable information PII.

ATTACHMENTS

26 Q ATTACHMENT 2 – NON-DISCLOSURE AGREEMENT: Is the signed non-disclosure agreement required as part of the proposal submission?

A No. Following contract award, Contractor personnel will be required to submit signed NDAs as part of the security clearance process.

27 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Is the Offeror required to provide the subject matter expertise in personal financial management for course development?

A The CFPB will develop and tailor the educational content, with assistance from the Vendor, for incorporation into the e-learning module. Any content the Vendor would like to use in the project must be approved by the CFPB OSA.

28 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Can you clarify the distinction between Task #3 “Develop an eLearning Module” and #8 “Implement a fully functioning Course?”

Are “module” and “course” meant to be the same, or does a “course” contain multiple modules?

A A course contains multiple modules however each module should be able to be fully functioning and testable as they are developed.

29 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 3.0, 3.1: Will the CFPB make available the instructional system design (ISD) and content subject matter experts (SMEs)?

Are these the CFPB internal stakeholders referred to in Task 1 under Section 4.0 Tasks?

A The CFPB will develop and tailor the educational content, with assistance from the Vendor, for incorporation into the e-learning module. Any content the Vendor would like to use in the project must be approved by the CFPB OSA and used in a manner that’s consistent with the CFPB Design Guide provided in the RFP.

30 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 3.1: What data, other than PII, does CFPB anticipate the Vendor collecting from the pilot participants?

A In accordance with statutory requirements such as the Privacy Act, as applicable, following award of the IDIQ(s), the CFPB and the vendor will jointly decide what data will need to be tracked to test the effectiveness of the elearning.

31 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 3.3: What is the expected maximum concurrent user count at any given point in time?

A Support at least 1,500 users for functional and content pilot testing. Please see Sample Task Area Section 3.0, Subsection 3.3, Technical Requirements).

32 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 3.3: In what regions of the world will students access the courses? What is the expected bandwidth for the average student?

A The test should cover all accessibility wherever service members are. Testing related to DEP will be 50 states and territories. Modules for other audiences will need to service approx. 275,000 personnel inclusive of Servicemembers deployed on temporary duty, aboard ship on regular rotations, and those more permanently stationed around the globe. Expected bandwidth is unknown. Depending on how the vendors develop their modules, which technologies they use, and what content it contains, bandwidth can fluctuate dramatically. Please see Sample Task Area Section 3.0, Subsection 3.3, Technical Requirements).

33 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 3.3: What is the expected bandwidth for the area with the lowest access speeds?

A Expected bandwidth is unknown. Depending on how the vendors develop their modules, which technologies they use, and what content it contains, bandwidth can fluctuate dramatically.

34 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 3.3: What is your required response time for content delivery (i.e. 30 seconds from click to loading the content)?

A We would expect the vendor to leverage usability testing as part of their development to determine this number. CFPB Design Team is happy to provide guidance on interpreting/analyzing the usability tests. However, at first glance, a system that takes more than a few milliseconds to seconds to respond is generally considered unresponsive by most users. In the Technical Approach Narrative for the Sample Task Order, the vendor should include their approach to developing a user centric model. Please see Sample Task Area Section 3.0, Subsection 3.3, Technical Requirements).

35 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 4.0: Is the existing information and user research going to be provided by the CFPB to the awardee or is the CFPB intending the awardee to perform research?

A The CFPB will supply existing information and user research. Please see Sample Task Area Section 4.0, Task 2).

36 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 4.0: Task 3 states, “The CFPB will develop and tailor the educational content, with assistance from the Vendor, for incorporation into the e-learning module.”

Has the content that the e-learning modules will derive from already been developed and assembled into discreet documents (e.g., detailed outlines, manuals, instructor-led training guides, etc.)?

a. If yes, will the government provide copies of the documents?

b. If yes, but copies of documents are not available, will the government provide information about what has already been developed—outlines, manuals, etc., draft or final.

c. If none or only portions of the content have been developed, what type and level of content development assistance does the CFPB anticipate will be required from the Vendor?

A The answer is C. The CFPB will develop and tailor the educational content, with assistance from the Vendor, for incorporation into the e-learning module. Any content the Vendor would like to use in the project must be approved by the CFPB OSA and used in a manner that’s consistent with the CFPB Design Guide provided in the RFP.

37 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Para 4.0: For the Sample Task Order, what is the anticipated use of multimedia for the modules? If video is desired, will CFPB provide Section 508-compliant videos to be included in the modules, or does CFPB expect the Vendor to script and produce original video for the e-learning solution?

A The CFPB will not supply the video and the vendor should describe and price the possibilities for multimedia types and functions that are consistent with the CFPB Design Guide provided as an attachment to the RFP. Please see Sample Task Area Section 4.0, Task 3).

38 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Paragraph 4.0: For Task 9, can CFPB clarify the user tracking expectations for the e-learning modules?

• Does CFPB anticipate the Vendor’s hosting to include e-learning module access and use via a Learning Management System (LMS) (for tracking purposes)?

• Is the Vendor expected to migrate the e-learning modules developed tools onto a CFPB-hosted OSA LMS? If yes, which version of SCORM/Experience API is being/should be used to develop the e-learning modules to ensure efficient migration?

A The vendor should describe their plan and include costs to execute hosting. See answer to question 10. Please see Sample Task Area Section 4.0, Task 9).

39 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Paragraph 4.0, Task 9 (Page 57) requires an optional line item to price transition of the developed tools onto CFPB servers. Since the Price Model does not have an optional line available, where does CFPB want to see this option priced?

A Although the CFPB anticipates that such a transition onto CFPB servers may occur in the future, these costs are not being evaluated as part of this Sample Task Order and should not be included in the Offeror’s total evaluated price. However, an Offeror’s ability to move developed tools onto CFPB servers should be discussed in the Offeror’s Technical Approach to the Sample Task Order.

40 Q ATTACHMENT 3 - SAMPLE TASK ORDER: Paragraph 16.1 states that “The total evaluated price will consist of the sum of the extended labor hour prices and other direct costs, to reflect the anticipated work over the term of the task order.” Since the Price Model (Page 67) for the task order does not provide a space for ODCs, where would CFPB like to see the price for other direct costs?

A The Price Model in Section 16.0 of the Sample Task Order has been revised to allow for the vendor to specify and price out ODCs other than travel. Offerors shall add additional rows to the Price Model to include ALL Other Direct Costs (ODCs) anticipated to perform the work required by the Sample Task Order, which will be added in to the Offeror’s total evaluated price.

Please note that although travel costs would be anticipated for a Task Order of this type, travel costs are not being evaluated as part of this Sample Task Order and should not be included in the Offeror’s total evaluated price.

Please see Sample Task Order, Section 16.1, Pricing.

41 Q ATTACHMENT 4 – PAST PERFORMANCE INFORMATION: Should the Offeror provide a project description in addition to the past performance references in the format provided?

A Yes. The Past Performance Information attachment has been revised to allow for the vendor to provide a short description of the project.

RFP # CFP-14-R-00009, Design and Development of Learning Modules for the CFPB Section Two, Statement of Requirements

10 CONSUMER FINANCIAL PROTECTION BUREAU

SECTION TWO – STATEMENT OF REQUIREMENTS

1.0 OBJECTIVE.

The purpose of this Request for Proposal (RFP) is to acquire assistance for the Consumer Financial Protection Bureau (CFPB) with designing, developing, piloting, implementing, evaluating and on-going hosting of innovative and experiential e-learning courseware and educational mobile applications.

2.0 PURPOSE.

Under this contract, the CFPB seeks contractor support services to create and implement e-learning that teaches, among other things, basic financial education in consumer awareness, financial management, credit management, and any other goals or objectives related to the CFPB’s mission. The project is expected to consist of e-learning modules, often utilizing a “mobile first” design approach, and could also include content development and development of supporting easy-to-use financial management tools.

The CFPB expects that when the targeted consumers complete the curricula they will be more informed or better able to achieve and maintain their own personal financial goals and objectives. The CFPB currently estimates that the curricula developed under this contract has the potential to reach approximately 150,000 – 5,000,000 consumers annually (depending on the module) when fully implemented, but this anticipated consumer reach may increase or decrease depending on the type of curriculum, target audience, and other factors.

3.0 SCOPE.

The contractor will be required to provide the following SCORM compliant e-learning design and development services, in partnership with the CFPB Project Team, which may include but is not limited to:

1. Design and development of an innovative experiential money management course that is focused on specific “just enough just in time “relevant topics for the Delayed Entry Program (DEP) recruit target audience, consistent with the design and interactive features of the consumer awareness course. The DEP is a recruit who has already enlisted and is awaiting entry into Basic Training, and an intended focus is to provide the right type of education, information or training for this audience at the ideal time.

11 CONSUMER FINANCIAL PROTECTION BUREAU

Work includes interaction and visual design, front- and back-end development, project management, pilot testing and implementation.

2. Design and development of a basic credit management course for the DEP recruit target audience, and consistent with the design and interactive features of the consumer awareness and money management courses. Work includes interaction and visual design, front- and back-end development, project management, pilot testing and implementation.

3. Review market research and conduct if needed, apply sound instructional design techniques and applicable content development for various servicemember and veteran audiences.

4. Design and development of additional e-learning/mobile curricula, electronic informational products, and/or electronic productivity tools that target specific audiences which may include, but are not limited to:

a. Servicemembers at various career stages

b. Veterans and/or retirees

c. Dependents of servicemembers and veterans

All design work of successive modules will be consistent with the design and interactive features of previously developed products to ensure a consistent look and familiarity. Additional work may include market/audience analysis, interaction and visual design, front- and back-end development, project management, hosting, pilot testing, implementation, and evaluation.

5. Special tool development, such as interactive budgets, planning tools, or other items as a standalone program or in support of courseware already developed.

6. Remote hosting and ongoing operation and maintenance of all courses with potential transition to CFPB hosting capabilities.

7. Design, development and implementation of a long-term evaluation strategy for the overall educational experience.

12 CONSUMER FINANCIAL PROTECTION BUREAU

4.0 LANGUAGE REQUIREMENTS.

Contractor personnel assigned to perform tasks under the IDIQ must be able to read, write, speak, and understand the English language.

Section Three, Terms and Conditions

13 CONSUMER FINANCIAL PROTECTION BUREAU

SECTION THREE - TERMS AND CONDITIONS

1.0 PERIOD OF PERFORMANCE and CFPB BUSINESS HOURS. The total potential ordering period for this IDIQ includes one twelve-month base period and four twelve-month option periods to be exercised at the discretion of the Government. The current anticipated periods of performance are as follows:

Base Period September 20, 2014-September 19, 2015 Option Period 1 September 20, 2015-September 19, 2016 Option Period 2 September 20, 2016-September 19, 2017 Option Period 3 September 20, 2017-September 19, 2018 Option Period 4 September 20, 2018-September 19, 2019

All work performed at CFPB facilities during this performance period shall be performed between the CFPB’s core business hours. The CFPB’s core business hours are 7:00 a.m. to 6:30 p.m. Eastern Time, Mondays through Fridays (except federal holidays).

2.0 PLACE OF PERFORMANCE.

The majority of the work shall be performed at the Contractor(s)’ facilities, on-site program locations, and/or research centers, as required. However, some work may be performed at CFPB or other locations as approved by CFPB.

3.0 MARKING.

All information submitted to the Contracting Officer (CO) and/or the COR shall clearly indicate the IDIQ and Task Order number for which the information is being submitted.

Additionally, all documents submitted and reports produced by the Contractor(s) shall be suitably marked to indicate and appropriately disclose Contractor participation.

4.0 TASK ORDERS.

Any work to be performed under the IDIQ will commence with the issuance of a Task Order as requirements within the scope of this SOW arise. This process will commence with a request for a Task Order proposal submitted via e-mail to the Contractor(s) by the Contracting Officer.

14 CONSUMER FINANCIAL PROTECTION BUREAU

The request will specifically identify the CFPB requirements for that portion of the Project in a Statement of Work, identify the applicable deadline including a detailed schedule if one exists, and state the date on which CFPB needs to receive a Task Order proposal from the Contractor(s) for the given requirement. The Contractor(s) must submit a response to the Contracting Officer or the appropriate Contract Specialist by the due date set for a Task Order proposal. Upon submission of a Task Order proposal by the Contractor(s), CFPB will evaluate the proposal to ensure that all CFPB requirements have been met and that the price proposed is reasonable in consideration of the work to be performed. Task Orders will be in writing and will be issued by the Contracting Officer to include a Statement of Work that describes CFPB’s requirement(s).

The Government will evaluate the response(s) to the Task Order to ensure the requirements have been met and the proposed unit prices are in accordance with the IDIQ Pricing Tables. If multiple IDIQs are awarded, the Government will determine the response that represents the best value, considering price and non-price factors. The lowest-priced, technically acceptable Offeror will be awarded the Task Order, unless specified otherwise in the Request for Task Order Proposal.

5.0 OTHER DIRECT COSTS.

Other Direct Costs (ODCs), to include travel costs, may be contemplated under this IDIQ or any Task Orders issued thereunder. The need for ODCs will be determined at the Task Order level.

6.0 INSPECTION AND ACCEPTANCE / DELIVERABLES.

Inspection and acceptance of all work performed shall be by the COR. Deliverables shall be reviewed for accuracy, clarity, completeness, and timeliness generally within twenty (20) working days after receipt unless specified differently elsewhere in the applicable Task Order.

The Contractor(s) must obtain acknowledgement from the COR, or his/her designee, that the deliverable has been reviewed and determined acceptable for a deliverable to be considered accepted. The CFPB will provide any concerns and comments to the Contractor(s), who shall ensure completion of each deliverable in a manner acceptable to the COR within a maximum of 20 working days of such CFPB notice. The Contractor(s) shall deliver all copies of completed deliverables to the COR.

15 CONSUMER FINANCIAL PROTECTION BUREAU

7.0 AUTHORITY - CONTRACTING OFFICER.

The Contracting Officer for the Agreement and any Task Order issued thereunder is:

Mr. Nicholas Olson Consumer Financial Protection Bureau (CFPB) 1700 G Street, NW, Room 6006-E Washington, DC 20552 Phone Number: 202-435-7621 Nicholas.Olson@cfpb.gov

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 Task Order(s), and notwithstanding any clauses contained elsewhere in the Task Order(s), the said authority remains solely with the Contracting Officer. In the event the Contractor(s) 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 Task Order price to cover any increase in cost incurred as a result thereof.

8.0 CONTRACTING OFFICER’S REPRESENTATIVE DESIGNATION AND

AUTHORITY.

(a) The Contracting Officer’s Representative (“COR” or “designated Project Manager”) will be set forth in each Task Order.

(b) Performance of work under this IDIQ must be subject to the technical direction of the COR identified in each task order, 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 SOW are accomplished satisfactorily.

(c) Technical direction must be within the scope of work. The COR does not have authority to issue technical direction that:

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

mailto:Nicholas.Olson@cfpb.gov

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

(3) In any manner causes an increase or decrease in the Task Order pricing, or the time required for Task Order performance;

(4) Changes any of the terms, conditions, or SOW of the IDIQ;

(5) Interferes with the Contractor’s right to perform under the terms and conditions of the IDIQ; 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 may confirm oral direction in writing, 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 (c), above, the Contractor shall immediately notify the Contracting Officer.

(f) 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 IDIQ, and notwithstanding any clauses contained elsewhere in this IDIQ, 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 IDIQ price to cover any increase in cost incurred as a result thereof.

(g) 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 Federal Acquisition Regulation (FAR) Clause 52.212-4(d), “Disputes.”

9.0 CONTRACTOR POINT-OF-CONTACT (POC). The Contractor(s) shall provide a POC with authority to make technical, hiring and dismissal decisions, or special arrangement for Task Orders issued hereunder. The POC shall be responsible for the overall management and coordination of the IDIQ and Task Orders, and shall act as the central POC with the CFPB.

The POC shall have full authority to act for the Contractor(s) in the performance of the required services. The POC, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The POC or designated representative shall respond within four

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hours after notification of the existence of a problem. The Contractor(s)’s designated Point of Contact (POC) is:

Name Office No Fax No E-Mail Address

10.0 SECURITY AND CONFIDENTIALITY

The Contractor recognizes that, in performing a task order contract, the Contractor may obtain access to non-public confidential information, PII, or proprietary information. Except as permitted by the Scope of Work the Contractor agrees that it, its employees, its subcontractors, and its subcontract employees will not disclose to any third party, or otherwise use, any information it obtains or prepares in the course of performance of this agreement for any purpose other than to perform work under the contract without first receiving written permission from the CFPB. Information acquired by the Contractor pursuant to the performance of the contract shall not be disclosed by the Contractor to others outside the approved Contractor team members and the oversight staff without prior approval by the COR.

Under the Contract Disputes Act, any unauthorized disclosure of non-public confidential information, Personally Identifiable Information (PII), or proprietary information is considered a violation of a material term of this contract.

The Contractor shall be requested to sign a non-disclosure agreement regarding all deliverables and other pertinent information relative to this requirement. All information provided by the government shall be returned to the government at the conclusion of the contract. In addition the contractor must have provided the personnel associated with the contract, all security and privacy awareness training and all other requirements contained in the FISMA regulations, NIST guidelines and all other public law which shall include those requirements of the Federal Acquisition Regulation (FAR). Classified information will NOT be made available to the contractor.

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11.0 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES

Contracts are not to be awarded to government employees or a business concern or other organization owned or substantially owned or controlled by one or more government employees. For the purposes of the IDIQ(s), the Contractor is prohibited from using government employees in any work performed by the Contractor(s) or any of its employees, subcontractors, or consultants.

12.0 COOPERATING WITH OTHER ORGANIZATIONS

The Contractor(s) agrees to cooperate with representatives of other contractors, Federal Reserve Banks, Federal agencies, governmental entities, and other organizations, as may be required by the CFPB.

13.0 PUBLIC RELEASE OF CONTRACT

CFPB is dedicated to transparency and plans on making the award document available to the public after award. If selected, your firm will agree to submit to the Contracting Officer’s Representative (COR) and Contracting Officer, and copy CFPBprocurement@cfpb.gov mailbox, within ten business (10) days from the date the IDIQ is awarded (exclusive of Saturdays, Sundays, and federal holidays), a .pdf file of the fully executed IDIQ 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. The Contractor(s) 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(s) in response to this requirement may itself 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 fully executed IDIQ may be properly withheld.

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14.0 INFORMATION TECHNOLOGY VIRUS SECURITY

14.1 The Contractor(s) hereby agrees to make every reasonable effort to deliver information technology products to the CFPB free of known computer viruses. The Contractor(s) shall be responsible for examining all such products prior to their delivery to the CFPB using software tools and processes capable of detecting all known viruses.

14.2 The Contractor(s) shall include the following statement on deliveries of hardware, software, and data products, including CDs, DVDs, and thumb drives, made under this contract:

[product description, part/catalog number, other identifier, and serial number, if any]

“This product has been scanned for known viruses using [name of virus-screening product, including version number, if any] and is certified to be free of known viruses at the time of delivery."

14.3 The Contracting Officer may assess monetary damages against the Contractor sufficient to compensate the CFPB for actual or estimated costs resulting from computer virus damage or malicious destruction of computer information arising from the Contractor's failure to take adequate precautions to preclude delivery of virus-containing products in the delivery of hardware, software, or data on CDs, DVDs, and thumb drives under this contract.

14.4 This clause shall not subrogate the rights of the Government under any other term or condition of this contract.

15.0 UNIVERSAL ACCESS AND DESIGN

The contractor is responsible for ensuring that all Electronic and Information Technologies (EIT) deliverables meet or exceed accessibility and usability design requirements under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 (WCAG 2.0) Level AA. The contractor must have the ability and experience in determining 508 compliance of EIT including design specification, testing and verification, and remediation as required.

The Contractor(s) will be responsible for acquiring the necessary tools to perform accessibility and usability testing in multiple computing environments with a comprehensive selection of assistive technologies. The Contractor(s) shall be prepared to present a Government Product

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Accessibility Template (GPAT) for each EIT deliverable upon request. These findings must be presented in an accessible electronic format.

All EIT deliverables produced by the Contractor(s) shall be accessible and meet the criteria outlined in Section 508 of the Rehabilitation Act of 1973, as amended, and the Web Content Accessibility Guidelines 2.0 (WCAG 2.0) Level AA. EIT deliverables include but are not limited to: websites, mobile applications, webcasts, webinars, multimedia, social media, collaborative workspaces and tools, documents, PDFs, forms, and any training and related training materials. Print materials must be made available in an alternate accessible format when requested.

16.0 DATA RIGHTS. The Government has unlimited and exclusive rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract and any Task Orders issued under it shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. Please see also FAR 52.227-17 - Rights in Data-Special Works (Dec.

2007), incorporated into this contract at Section Three, Para. 24.0.

17.0 ORGANIZATIONAL CONFLICT OF INTEREST. Contractor and subcontractor personnel performing work under the contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create an Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5, relating to this contract or future solicitations. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual, potential or apparent OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contracting Officer may also identify an actual or potential OCI and notify the Contractor to submit a plan for mitigation.

The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect

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other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

18.0 INSPECTION OF BOOKS AND RECORDS.

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

18.2 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.

18.3 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.

18.4 CFPB'S OFFICE OF THE INSPECTOR GENERAL (OIG)

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

18.4.2 For the avoidance of doubt, nothing in this Contract shall limit the OIG's authority under the Inspector General Act to examine the Contractor's books, documents, papers, etc.

18.4.3 The Contractor and any subcontractor shall make notification (including posting notices in each of their respective facilities) to all Contractor and subcontractor employees working on this Contract of the OIG’s hot line telephone number, 1-800-827-3340, and to report any suspected "waste, fraud, or abuse" transactions related to the performance of this Contract.

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19.0 CONTRACTOR PERSONNEL SECURITY.

19.1 PRE-SCREENING OF PERSONNEL AND REMOVAL OF UNACCEPTABLE

PERSONNEL.

19.1.1 All Contractor personnel or any representative of the Contractor entering any government facility or government-leased facility shall abide by all security regulations and be subject to security checks. A Background Investigation (BI) is required for all Contractor personnel (includes subcontractor personnel) who are:

a. Working on-site; or

b. Accessing Bureau systems; or

c. Accessing Bureau data which, if misused, would likely cause significant harm; or

d. Representing the Bureau in a significant capacity.

All information collected under this contract shall be considered procurement sensitive. Contractor staff meeting any of the above criteria shall be United States citizens and must be able to pass a BI.

An exception from the citizenship requirement may be requested for Low Risk or Moderate Risk positions. For Low Risk positions, the contractor staff must be a Legal Permanent Resident (LPR). For Moderate Risk positions the Contractor staff must be a LPR with at least three or more consecutive years of physical U.S. residency, as indicated on the USCIS LPR issued Card.

19.1.2 During the performance of the contract, access to the CFPB facilities for Contractor representatives shall be granted as deemed necessary by the Government. All Contractor employees whose duties under this contract require their presence at any CFPB facility shall be clearly identifiable by a distinctive badge furnished by the Government.

19.1.3 In addition, corporate identification badges shall be worn on the outer garment at all times. It is the sole responsibility of the Contractor to provide this corporate identification. All on-site Contractor personnel shall abide by security regulations applicable to that site.

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19.1.4 The COR may direct that certain personnel that may be exposed to Control

Unclassified Information (CUI) data meet additional security requirements.

CUI data includes, but is not limited to, information that is protected from disclosure by the Privacy Act, 5 U.S.C. § 552a.

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