RFP_CFP-14-R-00009.pdf

August 7, 2014

SUBJECT: Request for Proposal Number CFP-14-R-00009: Design and Development of

Learning Modules for the Consumer Financial Protection Bureau

Dear Contractor:

The purpose of this Request for Proposal (RFP) is to acquire assistance for the Consumer Financial Protection Bureau (CFPB) with the design, development, piloting, implementation, evaluation and on-going hosting of e-learning courseware.

The CFPB requests that firms provide a proposal in response to this RFP. Based upon the evaluation of proposals received in response to this RFP, the CFPB intends to issue one or more Indefinite Delivery Indefinite Quantity (IDIQ) contract(s), to be in effect for a total of a base period and up to four (4) option periods, under which Task Orders may be issued on a Firm Fixed-Price basis, Labor Hour basis, or a combination of both. Detailed instructions for preparing and submitting a proposal are contained in this RFP, along with the criteria to be used by the CFPB in evaluating proposals.

Questions concerning this RFP must be submitted by e-mail by no later than 4:00 p.m. Eastern Time on August 12, 2014. The CFPB reserves the right to not answer questions received after that time. All proposal responses to this request will be due no later than 4:00 p.m. Eastern Time on August 22, 2014.

The Consumer Financial Protection Bureau greatly appreciates your attention to this requirement.

Sincerely, //S//

Nick Olson Senior Contracting Officer Consumer Financial Protection Bureau http://www.consumerfinance.gov/

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CFPB

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

CONSUMER FINAN PROTECTION BUREA

CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCFP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/22/2014 1600 ET

08/07/2014

AUBREY BRICK

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

CFP-14-R-00009

5. SOLICITATION NUMBER

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

1 68 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

CONSUMER FIN PROTECTION BUREAU

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Consumer Financial Protection Bureau (CFPB) seeks contractor support services to create and implement e-learning curricula.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

NICHOLAS R. OLSON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

68 2 of

TABLE OF CONTENTS

SECTION ONE: SCHEDULE OF SUPPLIES OR SERVICES, AND PRICES

1.0 Background

2.0 Labor Rate and Extended Pricing Tables

3.0 Minimum Contract Value

4.0 Maximum Contract Value

5.0 Contract Type

6.0 Electronic Invoicing and Payment Requirements

7.0 Payment Schedule

SECTION TWO: STATEMENT OF REQUIREMENTS

1.0 Objective

2.0 Purpose

3.0 Scope

4.0 Language Requirements

SECTION THREE: TERMS AND CONDITIONS

1.0 Period of Performance and CFPB Business Hours

2.0 Place of Performance

3.0 Marking

4.0 Task Orders

5.0 Other Direct Costs (ODC)

6.0 Inspection and Acceptance/Deliverables

7.0 Authority – Contracting Officer

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

9.0 Contractor Point-of-Contact

10.0 Security and Confidentiality

11.0 Prohibition Against the Use of Federal Employees

12.0 Cooperating with Other Organizations

13.0 Public Release of Contract

14.0 Information Technology Virus Security

http://www.consumerfinance.gov/

RFP # CFP-14-R-00009, Design and Development of Learning Modules for the CFPB Section One, Schedule of Supplies or Services and Prices

4 CONSUMER FINANCIAL PROTECTION BUREAU

15.0 Universal Access and Design

16.0 Data Rights

17.0 Organizational Conflict of Interest

18.0 Inspection of Books and Records

19.0 Contractor Personnel Security

20.0 FAR 52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013)

21.0 Cybersecurity/IT Security

22.0 Agency-Level Protect Clause

Contract Clauses

23.0 Clauses incorporated by reference

24.0 Clauses incorporated by full text

SECTION FOUR: INSTRUCTIONS TO OFFERORS, CERTIFICATIONS AND

REPRESENTATIONS

1.0 General

2.0 Proposal Submission Instructions

2.1 Submission of Proposals

2.2 Time for Submission

2.3 Proposal Format and Method of Submission

2.4 Page Limits

2.5 Submission Table

3.0 Evaluation Factors and Basis for Award

3.1 Technical Approach to Sample Task Order

3.2 Past Performance

ATTACHMENTS

1: Question Format 2: Non-Disclosure Agreement 3: Sample Task Order 4: Past Performance References 5: CFPB Design Guide 6: CFPB Service Provider Self-Assessment

5 CONSUMER FINANCIAL PROTECTION BUREAU

SECTION ONE - SCHEDULE OF SUPPLIES SERVICES AND PRICES

1.0 BACKGROUND.

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), Pub. L. 111-203, established the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) to regulate the offering and provision of consumer products or services under federal consumer financial laws. Consistent with the purposes of the Dodd-Frank Act, the CFPB’s mission is to establish and enforce clear, consistent rules for the financial marketplace, protect American families from unfair financial practices, and develop and implement a strategy to improve the financial literacy of consumers. For additional background on the CFPB, please see http://www.consumerfinance.gov/the-bureau/.

The Dodd-Frank Act also directed the inclusion of an Office of Servicemember Affairs (OSA) within the CFPB. As a business unit within the Bureau, the OSA is responsible for developing and implementing various educational, informational, and productivity initiatives for recruits, servicemembers, veterans, and their families under a “mobile first” mindset and approach.

Additionally, the CFPB works collaboratively with the Department of Defense (DoD), including any branch or agency as authorized by the Department, to carry out the business of the OSA.

2.0 LABOR RATE AND EXTENDED PRICING TABLES. In addition to completing and signing the SF-1449 provided, firms intending to quote hereunder must provide a completed Labor Rate and Extended Pricing Table as well as a completed Price Model for the Sample Task Order. Failure to do so shall be cause to reject the Proposal.

2.1 Contractors are to complete the Labor Rate and Extended Pricing Tables with their proposed labor categories and corresponding labor rates (commercial rates or GSA Schedule rates, less any offered discounts). The hourly ceiling rates identified herein 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 IDIQ and any Task Orders issued thereunder.

2.2 Other Direct Costs (ODCs), to include travel costs, may be contemplated under this Agreement or any Task Orders issued thereunder. The need for ODCs will be determined at the Task Order level. All Task Orders shall be issued on a Firm-Fixed Price basis or Labor Hour basis, or a hybrid of the two.

http://www.consumerfinance.gov/the-bureau/

6 CONSUMER FINANCIAL PROTECTION BUREAU

2.3 PROPOSED IDIQ LABOR RATES. For awarded vendors, the proposed rates contained in the Labor Rate and Extended Pricing Tables below will become the ceiling IDIQ rates and may not be exceeded during the duration of the IDIQ. Offerors may add additional rows to the table to include labor categories necessary to perform work anticipated based on the Section 2.0, Statement of Requirements, of this RFP.

2.4 LABOR RATE AND EXTENDED PRICING TABLES.

BASE PERIOD: *September 20, 2014 – September 19, 2015

Labor Category (Vendor-specific Labor Category Equivalents)

Hourly Rate Discount Proposed Rate

1. Visual designer $ $

2. Interaction designer $ $

3. Developer $ $

4. Project manager $ $

5. Project lead $ $

6. Research consultant $ $ [add rows, as necessary]

OPTION PERIOD ONE: *September 20, 2015 – September 19, 2016

Category Equivalents)

Hourly Rate Discount Proposed Rate

1. Visual designer $ $

2. Interaction designer $ $

3. Developer $ $

4. Project manager $ $

5. Project lead $ $

6. Research consultant $ $ [add rows, as

7 CONSUMER FINANCIAL PROTECTION BUREAU

OPTION PERIOD TWO: *September 20, 2016 – September 19, 2017

Category Equivalents)

Hourly Rate Discount Proposed Rate

1. Visual designer $ $

2. Interaction designer $ $

3. Developer $ $

4. Project manager $ $

5. Project lead $ $

6. Research consultant $ $ [add rows, as

OPTION PERIOD THREE: *September 20, 2017 – September 19, 2018

Category Equivalents)

Hourly Rate Discount Proposed Rate

1. Visual designer $ $

2. Interaction designer $ $

3. Developer $ $

4. Project manager $ $

5. Project lead $ $

6. Research consultant $ $ [add rows, as

OPTION PERIOD FOUR: *September 20, 2018 – September 19, 2019

Category Equivalents)

Hourly Rate Discount Proposed Rate

1. Visual designer $ $

2. Interaction designer $ $

3. Developer $ $

4. Project manager $ $

5. Project lead $ $

6. Research consultant $ $ [add rows, as necessary]

*Estimated Performance Periods (actual dates to be determined at time of Contract award)

2.5 PRICE MODEL FOR SAMPLE TASK ORDER.

Offerors must submit a completed Price Model for the Sample Task Order, showing their proposed labor hour buildup for performance of the Sample Task Order, using the

8 CONSUMER FINANCIAL PROTECTION BUREAU

Price Model Template in Attachment 3. The information in the Offeror’s Price Model will be used FOR EVALUATION PURPOSES only. Actual work will be assigned, and funding provided, through future Task Orders. Offerors may add additional rows to the Price Model to include ALL labor categories necessary to perform the work required by the Sample Task Order. However, in no event shall the Offeror propose a total number of Estimated Hours that is other-than the hours set forth in the Price Model Template.

3.0 MINIMUM CONTRACT VALUE.

The minimum dollar value of any contract(s) awarded resulting from the RFP is $1,000.00 during the life of the Contract(s). The exercise of an option year does not create entitlement to another guaranteed minimum dollar value.

4.0 MAXIMUM CONTRACT VALUE.

The maximum cumulative contract ceiling for one or more awarded contract(s) is $4,000,000.00 total. The exercise of an option period does not create entitlement to another maximum ceiling rate.

5.0 CONTRACT TYPE.

The Government anticipates award of one or more IDIQ contracts under which Task Orders may be issued on a Firm Fixed-Price basis, Labor Hour basis, or a combination of both.

6.0 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS.

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

6.2 The preferred method for invoicing is through IPP. The IPP website address is

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

6.3 If the Vendor is unable to utilize IPP for submitting payment request(s), invoices may be submitted electronically to the e-mail address shown on the face of the award document, after completing the IPP Waiver Form and submitting it via email to:

contractadministration@bpd.treas.gov (contact the Contracting Officer for the form).

Invoices shall contain the information required in FAR 52.212-4, paragraph (g), and shall be in Adobe Acrobat Portable Document Format (PDF) or Microsoft Word.

6.4 Payment and Invoice Questions. For payment and invoice questions, contact the

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

6.5 Overpayments.

6.5.1 If the Vendor 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 Vendor’s account for the amount of the check. The debit from the Vendor’s account will usually occur within twenty-four hours and will be shown on the regular account statement.

6.5.2 The Vendor will not receive the original check back. The Government will destroy the Vendor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Vendor authorizes the Government to process the copy in place of the original check.

7.0 PAYMENT SCHEDULE.

Payment for services under any Task Order may be requested at the end of the month following the performance of the work, or after deliverable completion if the order is Firm-Fixed Price.

A payment schedule will be determined in each respective Task Order.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.gov mailto:contractadministration@bpd.treas.gov mailto:AccountsPayable@bpd.treas.gov

Section Two, Statement of Requirements

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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 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 DEP recruit target audience, consistent with the design and interactive features of the consumer awareness course. Work includes interaction and visual design, front- and back-end development, project management, pilot testing and implementation.

Section Two, Statement of Requirements

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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 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.

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

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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.

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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.

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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.

14.0 INFORMATION TECHNOLOGY VIRUS SECURITY

14.1 The Contractor(s) hereby agrees to make every reasonable effort to deliver information mailto:CFPBprocurement@cfpb.gov

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

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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 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.

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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.

19.0 CONTRACTOR PERSONNEL SECURITY.

19.1 PRE-SCREENING OF PERSONNEL AND REMOVAL OF UNACCEPTABLE

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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.

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

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disclosure by the Privacy Act, 5 U.S.C. § 552a. Any CUI data acquired during the contract performance, which is specific to this CFPB engagement, shall be destroyed or disposed of by the Contractor within 20 days after the contract closeout’s effective date.

19.1.5 The Contractor shall ensure that any such applicable personnel working under this contract, including subcontractors, meet the following requirements to protect against unauthorized disclosure of CUI data.

a. All applicable personnel shall be United States Citizens, or Lawful

Permanent Residents with an approved exception.

b. All personnel shall be subject to Minimum Background Investigation

(MBI) in accordance with the CFPB Standard. Contractors are expected to exercise due diligence in their hiring process. Contractors that are able to certify fingerprint based criminal background checks for, at a minimum, the jurisdictions in which they live and work, verification of past employment and education as part of their hiring process may have their employees begin working upon the submission of the required documents.

Contractors who cannot certify that they include these elements as part of their hiring process must wait for the results of the CFPB fingerprint based criminal history records check to be successfully completed.

(1) Applicable personnel shall not begin working on the contract until all security forms have been properly completed, submitted to the COR for processing, and vetted and approved by CFPB’s Office of Security Programs, as follows:

a. Completed fingerprint cards

b. Non-disclosure Agreement

c. Fair Credit Reporting Act Release

d. SF 85-P, “Questionnaire for Public Trust Positions”

c. Personnel performing work in positions deemed to be high risk must complete a Background Investigation (BI) and must be US Citizens.

Applicable personnel shall not begin working on the contract until all security forms have been properly completed, submitted to the COR for processing, and vetted and approved by CFPB’s Office of Security

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Programs, as follows:

1. Completed fingerprint cards

2. Non-disclosure Agreement

3. Fair Credit Reporting Act Release

4. SF 85-P, “Questionnaire for Public Trust Positions”

5. Optional Form 306

d. Applicable personnel shall wear CFPB-issued identification badges when working in Government facilities.

e. Applicable personnel who undergo investigations that reveal, but are not limited to, the following may be unacceptable under this contract:

conviction of a felony, a crime of violence or a serious misdemeanor; a record of arrests for continuing offenses; or failure to file or pay Federal income tax. CFPB reserves the right to determine if a Contractor employee assigned to a task shall continue with the task. The Contractor shall agree to remove the person assigned within one business day of official notification by the Government and provide a replacement within five business days. New hires or substitutions of personnel are subject to the same investigation requirement.

19.1.6 Non-Disclosure Agreement. The contractor may 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.

19.1.7 The Contractor shall not conduct employee terminations or removals in CFPB owned or leased space.

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20.0 52.232-39 – UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

21.0 CYBERSECURITY/IT SECURITY.

21.1 Definitions.

a. Adequate Security. Security that is commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information. This includes assuring that systems and applications in use operate effectively and provide appropriate confidentiality, integrity, and availability through the use of managerial, operational, and technical security controls.

b. Availability. To ensure the timely and reliable access to, and use of, information.

c. Confidentiality. Preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information.

d. Information Assurance. Information Assurance (IA) are the measures that protect and defend information and information systems by ensuring their availability, integrity, authentication, confidentiality, and non- repudiation. This includes

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providing for restoration of information systems by incorporating protection, detection, and reaction capabilities.

e. Information Resource. An information resource encompasses both information and information related resources such as personnel, equipment, data, and information technology.

f. Information System. A discrete set of information resources organized for the collection, processing, maintenance, transmission, and dissemination of information, in accordance with defined procedures, whether automated or manual.

g. Information Technology. With respect to the CFPB, information technology means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the CFPB, if the equipment is used by the CFPB directly or is used by a contractor under a contract with the CFPB that requires the use: (i) of that equipment; or (ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product.

h. Information technology includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but does not include any equipment acquired by a federal contractor incidental to a federal contract.

i. Integrity. Guarding against improper information modification or destruction, and includes ensuring information non-repudiation and authenticity.

j. Service Provider. Service Providers are non-CFPB entities that support the CFPB mission and information systems. These are any individual or other legal entity that

(1) directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Government…