CFP-15-Q-00054_Dental.pdf

RFQ CFP-15-Q-00054

Dental Insurance Services

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

CONSUMER FINANCIAL PROTECTION BUREAU

WASHINGTON, D.C. 20552

Date: July 6, 2015

TO: Interested Offerors

SUBJECT: Request for Quote; RFQ # CFP-15-Q-00054, Dental Insurance Services

Dear Contractor:

The purpose of this Request for (RFQ) CFP-15-Q-00054 is to acquire a dental carrier to provide dental insurance benefits to CFPB employees, as outlined in the Performance Work Statement (PWS) provided herein. The resulting contract will be Fixed Priced with Economic Price Adjustment (FP-EPA), with a base and four one-year option periods not to exceed (5) years, if all options are exercised.

The CFPB hereby issues a combined synopsis/solicitation for commercial items issued on FedBizOpps using the policies contained in FAR Part 12 – Acquisition of Commercial Items to obtain contractor services in support of this requirement. CFPB intends to award a single contract as a result of this solicitation.

This solicitation is not issued as a small business set-aside. The NAICS code is 524114, Direct Health and Medical Insurance Carriers and the business size standard is $38.5Mil.

The Technical and Price Quote must be received by Tuesday, August 4, 2015 2PM EST and shall be emailed to Denise Henderson, Senior Contract Specialist, denise.henderson@cfpb.gov.

Questions concerning this solicitation must be received by Monday, July 13, 2015 or sooner to denise.henderson@cfpb.gov All responses to questions will be answered through the fedbizopps website in the form of an amendment to the solicitation.

INFORMATION ABOUT THE SOLICITATION AND EVALUATION PROCESS

1. Offerors must submit a technical quote in accordance with the Performance Work Statement and Section L, Para 5.0, Section E, of the solicitation.

mailto:denise.henderson@cfpb.gov

2. Offerors must submit a price quote in accordance with the Performance Work Statement and Pricing Model in Section B of this solicitation. Firm Fixed Pricing is requested for the Base Year and Option Year 1. Loss Ratio Rate Change Percentages are requested for Option Years 2-4.

3. The following information must be submitted as part of Volume 1: General Information, of the proposal (See Section L for additional details):

a. Financial Rating of the Prime Contractor submitting the bid.

b. Company’s DUNs number and Taxpayer ID Number.

c. Provide Contractor POC information in Section G Clause, Para 3.0, Contractor Program

Manager.

d. Provide signed copies of Attachment 1: Non-Disclosure Agreement

e. Provide an electronic copy of completed Representations and Certifications, as described in

Section K.

f. Offerors who are Other than Small Businesses shall submit a Small Business

Subcontracting Plan, in accordance with FAR 52.219-9.

g. Complete Blocks 12, 17 and 30 of the attached cover page (SF1449) of the solicitation.

4. Offerors are asked to pleased request the additional census data required to complete the geo-access report, contained in Section L, Instructions to Offerors, Para E, via contacting the Contracting Officer, jeremy.jenkins@cfpb.gov and/or Contract Specialist, denise.henderson@cfpb.gov. The additional census data will be emailed to you promptly upon your request. Please note Census Data will not be provided to brokers/agents.

5. The proposal evaluation is anticipated to occur to enable award on or before September 30, 2015.

6. This acquisition will be made using the Low Price Technically Acceptable (LPTA) evaluation procedure. The Government will award a contract resulting from this solicitation to the responsible offeror whose Quote conforming to the RFQ offers the lowest evaluated fair and reasonable price of proposals meeting or exceeding the acceptability standards for non-cost factors. The evaluation factors for this solicitation is Technical Capability, Firm Experience and Price.

7. The incumbent is MetLife.

8. If you have any questions, please email them to Contract Specialist, Denise Henderson, denise.henderson@cfpb.gov.

Sincerely, /Signed/

Jeremy Jenkins Contracting Officer mailto:jeremy.jenkins@cfpb.gov

REQUEST FOR PROPOSALS (RFP) CFP-15-Q-00054

SECTION PAGE NO.

SECTION B SUPPLIES/SERVICE PRICES/COSTS 6-9

SECTION C PERFORMANCE WORK STATEMENT 10-15

SECTION D PACKAGING/MARKING 16

SECTION E INSPECTION/ACCEPTANCE 16

SECTION F DELIVERIES/PERFORMANCE 16

SECTION G CONTRACT ADMINISTRATION DATA 17-19

SECTION H- SPECIAL CONTRACT CLAUSES 20-23

SECTION I- CONTRACT CLAUSES 24-39

SECTION J- LIST OF ATTACHMENTS 40

SECTION K- REPRESENTATIONS/CERTIFICATIONS 40

SECTION L- INSTRUCTIONS TO OFFERORS 41-44

SECTION M- EVALUATION OF PROPOSALS FOR AWARD 44-45

ATTACHMENTS

Attachment 1 Non-Disclosure Agreement (Contractor) Attachment 2 Claims History/PPO Provider Report

SECTION B PRICES FOR SUPPLIES/SERVICES

1. FIXED UNIT PRICES FOR SERVICES

Offerors shall provide firm fixed unit prices for the Base Period and Option Year 1 as indicated in the tables below. The prices for the Base Year and Option Year 1 are fixed unit prices and shall not be subject to any adjustment. The firm fixed prices shall be inclusive of all expenses, including report preparation, salaries, overhead, other direct costs, general and administrative expenses, and profit. The Contractor shall be paid on a biweekly (i.e., every other week) basis for Operations (ie., effective period of coverage which begins January 1, 2016) at the fixed prices set forth below.

The unit prices for Option Years 2-4 shall be determined in accordance with Clause titled “Economic Price Adjustment”.

BASE PERIOD: January 1, 2016-December 31, 2016

Individual Only Individual plus One Individual & Family Per Employee/ Biweekly premium

OPTION YEAR 1: January 1, 2017 through December 31, 2017

Individual Only Individual plus One Individual & Family

2. PRICING SUBJECT TO ECONOMIC PRICE ADJUSTMENT CLAUSE

Offerors are not required to complete this section. Pricing is subject to the Economic Price Adjustment (EPA) Clause for Option Years 2-4. Pricing will be requested at the time the option year is contemplated to be exercised in accordance with the EPA clause.

SHOWN FOR ILLUSTRATIVE PURPOSES- DO NOT COMPLETE

OPTION YEAR 2: January 1, 2018 through December 31, 2018

Individual Only Individual plus One Individual & Family

TBD

OPTION YEAR 3: January 1, 2019 through December 31, 2019

OPTION YEAR 4: January 1, 2020 through December 31, 2020

3. LOSS RATIO PERCENTAGES

Offerors shall provide Loss Ratio Rate Change Percentages in the below tables.

OPTION YEAR 2: January 1, 2018 through December 31, 2018

Loss Ratio Rate change percent 75% or less 76% to 80% 81% to 85% 86% to 90% 91% to 95% 96% to 100% 100% or more

OPTION YEAR 3: January 1, 2019 through December 31, 2019

76% to 80% 81% to 85% 86% to 90% 91% to 95%

OPTION YEAR 4: January 1, 2020 through December 31, 2020

76% to 80% 81% to 85% 86% to 90% 91% to 95%

4. ECONOMIC PRICE ADJUSTMENT – OPTION YEARS 2, 3, & 4 PREMIUMS

The prices for Option Years 2, 3 and 4 shall be established based on the claims experience of the Plan.

These prices may represent an increase or decrease from the respective prior period, as they will be determined by the contractor's demonstrated loss ratio. The demonstrated loss ratio is defined as the actual dental paid claims for covered CFPB employees and dependents divided by the premium paid for the identified time period. The rates (i.e., individual only, individual + one, and individual & family) for the applicable contract years shall be determined by applying the appropriate rate change percentage in the below tables to the rates of the respective prior year.

The data used to calculate the loss ratio shall be taken from the contractor's biweekly enrollment reports and monthly progress reports. The Contracting Officer may require the Offeror to provide additional information to support the accuracy and reliability of the data in these reports. The Government reserves the right to have an independent third party review the data and make recommendations regarding the appropriateness of the proposed rates. The modification exercising the first option period for each of these contract years (i.e., Option Periods 2, 3 and 4) shall reflect the adjusted rates. The determination of the adjusted rates shall be made by the Contracting Officer on a unilateral basis. Any dispute regarding the determination (i.e., the appropriate rate change percentage) shall be subject to the “Disputes” provisions of 52.212-4 (d) “Contract Terms and Conditions-- Commercial Items” of this contract.

The following tables shall be used to calculate the prices for the identified contract years.

Option Year 2:

Period used to determine loss ratio: July 1, 2016-June 30, 2017

76% to 80% 81% to 85% 86% to 90% 91% to 95%

Option Year 3:

Period used to determine loss ratio: July 1, 2017 to June 30, 2018

76% to 80% 81% to 85% 86% to 90% 91% to 95%

Option Year 4:

Period used to determine loss ratio: July 1, 2018 to June 30, 2019

76% to 80% 81% to 85% 86% to 90% 91% to 95%

The following calculation shown below is illustrative of how the economic price adjustments will be made:

Total of paid claims for the period: $95,000

Total of premiums paid for the period: $100,000

Biweekly Pricing: $10.00

Rate Change for 91% to 95%: +5%

Total of paid claims / Total premiums paid = Loss Ratio: $95,000/$100,000 = 95%

Biweekly Pricing for Year 4 Based on the EPA Clause: $10.00*1.05= $10.50.

SECTION C- PERFORMANCE WORK STATEMENT

DENTAL INSURANCE PROGRAM

1.0 SCOPE

The Human Capital Division of Consumer Financial Protection Bureau (CFPB) requires a dental carrier to provide a dental insurance program for its active employees effective January 1, 2016. The dental insurance plan shall be fully insured and non-participating.

Eligibility-The eligibility requirement is defined as a regular employee (full-time or part-time) or temporary employee with an appointment greater than one year; and actively at work at least 60 hours biweekly. Eligible dependents include lawful spouses, domestic partners and children up to age 22 or up to age 25 if a full-time student. Retirees are not eligible for the plan and will remain ineligible, despite being covered under FEHB.

Enrollment and Effective Dates- Initial enrollees will be effective January 1, 2016. New hires will be effective on the date employees meet the eligibility requirements. New hires will have 60 days to elect coverage.

2.0 BACKGROUND

The Dodd-Frank Wall Street Reform and Consumer Protection Act requires that CFPB provide benefits to employees that are comparable to the benefits being provided by the Board of Governors of the Federal Reserve. In addition, employees who currently work at, Office of the Comptroller of Currency (OCC) and Federal Deposit Insurance Corporation (FDIC) are offered enhanced benefits in addition to the standard Title 5 Federal benefits. In order to achieve comparability and to attract talent and to make sure that there are little or no benefit gaps for transferring employees, the purpose of this PWS is to maintain dental insurance for all employees effective January 1, 2016. CFPB pays the full cost of dental coverage for all employees. CFPB currently has approximately 1,400 employees and will have approximately 1,600 when fully staffed.

The Dodd-Frank Wall Street Reform and Consumer Protection Act includes the strongest consumer protections ever, protecting families from abusive consumer financial practices and giving consumers the information they need to make sound financial decisions for themselves and their families. The Act established a Consumer Financial Protection Bureau (CFPB) that consolidates core authorities that are currently fragmented across several federal agencies. Key responsibilities of the Bureau include:

Issue rules to ensure fairness and transparency for mortgages, credit cards, and other consumer financial services;

Vigorously enforce consumer laws, focusing on the practices and providers that pose the most risk to consumers; and

Provide consumer assistance and education nationwide, including literacy programs, online resources, and a consumer complaints hotline.

3.0 REQUIREMENTS

3.1 Plan Design –The contractor shall provide the following plan design:

Benefits Dental PPO In-Network Out-of-Network Calendar Year Maximum (Class I, II, III Expenses)

$2,500 per person $2,500 per person

Calendar Year Deductible Individual Family Maximum Deductible Carryover

$50 per person $150 per family Yes – Oct, Nov, Dec.

$50 per person $150 per family Yes - Oct, Nov, Dec.

Class I Expenses - Preventive & Diagnostic Care Oral Exams (Two per Calendar Year) Cleanings (Two per Calendar Year) Full Mouth X-rays (One complete set every three Calendar Years) Bitewing X-rays (Two per Calendar Year) Panoramic X-ray (One every three Calendar Years) Fluoride Application (One per Calendar Year for persons under 19) Sealants Space Maintainers (Limited to non-orthodontic treatment) Emergency care to relieve pain

100% no deductible

100% no deductible, subject to reasonable and customary

Emergency services are paid at in-network levels

Class II Expenses - Basic Restorative Care Stainless Steal Crowns Fillings Root Canal Therapy Osseous Surgery Periodontal Scaling and Root Planing Denture Adjustments and Repairs Extractions Anesthetics Oral Surgery

80% after deductible

Local anesthesia for simple extractions or oral surgery; general anesthesia for complex covered surgical procedures;

when medically necessary as determined

80% after deductible, and customary

Local anesthesia for simple extractions or oral surgery; general anesthesia for complex covered surgical procedures;

when medically necessary as determined

Benefits Dental PPO In-Network Out-of-Network Class III Expenses - Major Restorative Care Crowns Dentures Bridges Repairs to Crowns and Inlays Surgical Extractions of Impacted Teeth Dental Implants

60% after deductible 60% after deductible, subject to reasonable and customary

Optional Services Class IV Expenses - Orthodontia (appliances and treatment)

Lifetime Maximum

60% no deductible

$1,500 per family member

60% no deductible, and customary

$1,500 per family member

Missing Tooth Provision The amount payable for replacement of teeth missing on the date an individual becomes insured will be 50% of the amount otherwise payable. The restriction will not apply after member has been continuously insured for 24 months.

Predetermination Review Available on a voluntary basis when extensive dental work in excess of $200 is proposed.

3.2. Network Requirements- The Contractor shall provide a national dental network to adequately cover all CFPB employees. In addition, Contractor shall have the following capabilities:

• Adequate availability of provider networks (provider panels open to all new members)

• Ongoing provider recruitment efforts (including recruitment of heavily utilized providers who are not currently in network).

• Demonstrated efforts to encourage electronic claims submission by network providers.

• Proven network management capabilities (credentialing process, utilization management programs and systems)

• Ability to provide transparent data on network quality and efficiency

3.3 Administrative Requirements- The Contractor shall provide the following administrative services for the CFPB Dental PPO benefit:

a) Administer a dental plan that provides the benefits described in this PWS on a fully-insured non-participating basis.

b) Design, produce and distribute, subject to the approval of CFPB, specific claim forms, enrollment forms, employee booklets, summary plan descriptions (SPDs), Standard Operating Procedures (SOPs), and all other forms required to administer the plan.

c) Upon hire, send a welcome e-mail and provide employees with information and a link to access the Contractor’s member portal.

d) Provide electronic files of forms and materials (booklets, SPDs, etc.) in prescribed format to be uploaded to the CFPB.

e) Ensure compliance with Federal requirements to protect the privacy of individually identifiable health information.

f) Provide a seamless link for the CFPB’s website for this program.

g) As requested by CFPB, assist in the communication to employees regarding benefits including annual employee meeting and open enrollments.

h) Receive initial eligibility data and biweekly updates electronically from CFPB.

i) CFPB will self-bill for biweekly premium. Premiums will be sent via Electronic Fund Transfer (EFT).

j) Provide biweekly enrollment reports that indicate all discrepancies in enrollment.

k) Meet with CFPB on an as needed basis to review status of overall operation of the program.

Conduct an annual account management satisfaction survey.

l) The plan should be situated in Washington, DC.

3.4 Claims Administration and Customer Service Requirements. The Contractor shall adjudicate and process claims including the following:

a. Process all claims on a direct claims verification and payment basis.

b. Provide explanation of benefits (EOB) statements electronically and hard copy mailed directly to the address on file with the contractor.

c. Establish and maintain clean turnaround time consistent with industry standards (90% of clean claims processed in 10 work days or less).

d. Maintain claims processing accuracy at 95% or better.

e. Verify claim charges are for covered employees and dependents.

f. Maintain current, complete and confidential records for each covered person in accordance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

g . Maintain a claims service unit with office hours from at a minimum from 8:30 a.m. until

6:30 p.m., Eastern Time, Monday through Friday (except Federal holidays) and installing a message device to handle calls after business hours or on weekends. Providing a toll-free telephone service that has the capability to place calls on hold and queue during peak calling hours. Providing adequate staffing so that all calls are answered on average in 30 seconds.

h. Provide members online services including:

• Benefit plan information

• Web chat with customer service

• Email availability

• Claims status and history

• Financial information, such as deductible status and benefit maximums.

• Download forms (claims)

• Provider Directory

• Online Identification Cards

i. Provide direct communication between CFPB administrative staff and the assigned program administrator.

j. Provide legal defense on disputed claims.

k. Provide effective coordination of claims payment and reporting formats.

l Provide service personnel who are accessible and knowledgeable in all aspects of the CFPB plan.

m. Maintain an automated calendar system to ensure follow-up to correspondence and claims review and establishing a mechanism to resolve errors expeditiously.

n. Prepare a customized administrative manual (i.e., policies, procedures, and forms for administering the plan) to be used by CFPB.

3.5. MIS/Reporting and Monitoring Service Requirements

1. The Contractor shall provide monthly reports to include current and cumulative year-to-date information including paid and incurred claims, enrollment by employee and dependent lives, and premiums split by sub-group designation.

2. The Contractor shall provide quarterly network savings report and in-versus out-of-network claims report.

4.0 Transition Period

The Contractor shall provide a transition period which will begin at contract award and continue through December 31, 2015. During the transition period, the contractor shall be responsible for setting up the plan design in its system, assisting CFPB with establishing enrollment and billing processes, and providing materials and staffing to aid in the communication of the benefit plan to employees. The new contractor shall be responsible for all claims incurred beginning Jan 1, 2016.

In addition, during the final year of performance for this contract, the contractor will prepare for and assist with a seamless transition to the new contractor (if applicable) by transferring to CFPB and/or the new supplier, as determined by CFPB, within 30 days of notice of this requirement, all required data and records necessary to administer the plans subject to state and federal confidentiality considerations, without a break in service. The transfer may be made electronically, in a file format to be determined based on the mutual agreement between CFPB and the provider of services. The contractor may be asked to provide phase-in, phase out services for up to a one year period, if necessary.

5.0 DELIVERABLES

The Contractor must provide the following deliverables by the corresponding specified due date:

Deliverable SOW Para. Due Date* Enrollment Report Section 3.3 Biweekly

Program Status Meeting Section 3.3 Quarterly

Account Management Satisfaction Survey Section 3.3 Annually

Customized Administrative Manual Section 3.4 90 Days After Contract Awd

Claims Progress Report Section 3.5 Monthly

Claims/Network Savings Report Section 3.5 Quarterly

*These dates are subject to change based on mutual agreement.

SECTION D – PACKAGING/MARKING

All reports and correspondence shall be emailed to the COR and shall reference the Contract Number on all documents submitted.

SECTION E- INSPECTION AND ACCEPTANCE

Inspection and acceptance of the services to be furnished under this contract will be performed by the COR who is located at CFPB, 1275 1st Street NE, Washington DC 20002. The COR will track the contractor’s progress and performance based on status reports, customer satisfaction surveys, etc.

SECTION F – DELIVERIES OR PERFORMANCE

1.0 PERIOD OF PERFORMANCE

The period of performance is one year with four (4) one year options. At the end of the base year, if exercised, the first option will begin. If all options are exercised, the period of performance will not exceed a total of five years.. Exercise of any option requires a contract modification signed by the CFPB Contracting Officer.

2.0 PLACE OF PERFORMANCE

The work to be performed under this contract will primarily be performed at the contractor’s facility, with periodic meetings required at the CFPB’s offices in Washington, DC during the Period of Performance.

SECTION G – CONTRACT ADMINISTRATIVE DATA

1.0 CONTRACTING OFFICER

a. The Contracting Officer for this contract is:

Jeremy Jenkins Contracting Officer Consumer Financial Protection Bureau 1275 1st Street NE Washington, DC 20002 Phone Number: 202-435-9256 Email: jeremy.jenkins@cfpb.gov

b. The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

2.0 CONTRACTING OFFICER REPRESENTATIVE (COR) DESIGNATION AND

AUTHORITY

a. The Contracting Officer Representative (COR) is: TBD

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

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

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

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

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

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

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

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

mailto:jeremy.jenkins@cfpb.gov

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

e. The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR, or his/her designee, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

f. Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

3.0 CONTRACTOR PROJECT MANAGER

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

Name and Title Co Name Co Address Phone:

E-mail:

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

4.0 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

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

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

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

4.1 PAYMENT AND INVOICE QUESTIONS

For payment and invoice questions, go to https://www.ipp.gov or contact the Accounting Services Division at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

4.2 OVERPAYMENTS

4.2.1 In accordance with FAR 52.212-4, section (i)5, overpayments: Accounts Receivable

Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within twenty-four hours and will be shown on the regular account statement.

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

https://www.ipp.gov/

SECTION H- SPECIAL CONTRACT REQUIREMENTS

1.0 TYPE OF CONTRACT.

This is a Firm Fixed Price with Economic Price Adjustment (FP-EPA) contract.

2.0 CONFIDENTIAL AND SENSITIVE INFORMATION

The Contractor agrees that the work to be performed and information released to the Contractor is, because of the proprietary and confidential nature of such information, sensitive in nature and is not to be disclosed to anyone other than CFPB employees assigned to the contracted project and other Contractor personnel working on the project. The Contractor agrees to protect all confidential and/or proprietary information received by or provided to the Contractor pursuant to this contract from unauthorized disclosure or use for as long as the information remains proprietary or confidential and further agrees that it will not use such information for any purpose other than that relating to the performance of this contract. For purposes of the contract, all information provided to or received by the Contractor is deemed confidential and proprietary.

The Contractor shall execute and is responsible for having all of its employees and agents working under this contract and/or having access to sensitive information under this contract execute a statement entitled " Attachment A, Non- Disclosure Agreement." This Statement, a copy of which is appended to this contract, provides that sensitive but unclassified information provided to the Contractor or its employees or agents shall not, except as permitted in connection with the performance of the contract, be further disclosed or used without the prior written approval of the CFPB. Executed copies of this statement must be completed and returned to the CFPB by a duly authorized official of the Contractor and by all Contractor employees or agents who will perform work on the Contract before their work begins. In the event that contractor fails to submit signed Non- Disclosure Agreements prior to beginning work, the effective date of any Non-Disclosure Agreements received after work begins shall be the date of award.

Notwithstanding the forgoing, Contractor may use and disclose claims data to carry out the obligations of the Contractor set forth in this Agreement, or as allowed by law, subject to the provisions set forth in this Agreement.

3.0 PUBLIC RELEASE OF CONTRACT

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

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

4.0 INSPECTION OF BOOKS & RECORDS

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

4.2 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.

4.3 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.

4.4 CFPB'S Office of the Inspector General (OIG)

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

4.4.2 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.

4.4.3 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.

5.0 AGENCY-LEVEL PROTEST CLAUSE

In the spirit of transparency and accountability and in accordance with FAR Subpart 33.103, the Contracting Officer (CO) will receive and review all agency protests. Prior to an agency protest submission, all parties shall use their best efforts to resolve concerns raised by an interested party at the CO level through open and frank discussions. If such concerns are not satisfactorily resolved by this means, an interested party may file a protest with the CO, triggering a formal review process. The CO shall carefully consider all protests to the Bureau, whether submitted before or after award, and, prior to issuance of a protest decision, shall seek legal advice. Interested parties may request an independent review at a level above the CO as an appeal of the CO’s decision on a protest. The agency official who is to conduct the independent review is the Senior Procurement Executive (SPE), except in the event s/he has a conflict of interest, in which case an alternative independent reviewer will be utilized.

The Bureau is committed to independent, impartial, and swift resolution of agency-level protests. The CO will make his/her best efforts to resolve agency protests within thirty-five (35) calendar days after the protest is filed. If an appeal is filed, the Bureau’s SPE shall make best efforts to resolve the appeal within fifteen (15) calendar days after the appeal is filed. The CFPB encourages open communication with prospective or unsuccessful bidders and encourages the agency-level process as a means to resolve protests.

Protests filed with the Bureau shall be concise and logically presented to facilitate review. To be considered valid, a Protestor must include the following information as part of its protest:

1. Name, address, and telephone numbers of the protesters

2. Identifying number of the solicitation or contract at issue

3. Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester

4. Copies of relevant documents

5. Request for a ruling by the CFPB

6. Statement as to the form of relief requested

7. All information establishing that the protester is an interested party for the purpose of filing a protest

8. All information establishing the timeliness of the protest

Protests alleging improprieties in a solicitation must be filed before solicitation opening or before the time set for receipt of initial proposals if the improprieties were apparent prior to those times. If an alleged impropriety did not exist in the initial solicitation, but was later incorporated into the solicitation by an amendment, a protest based on that impropriety must be filed before the next closing time established for submitting proposals.

In all other cases, protests must be filed no later than ten (10) calendar days after the interested party knew or should have known the basis of protest, whichever is earlier. If the procurement was conducted on the basis of competitive proposals and the protester has requested a debriefing to which it is entitled, the protester must file no later than five (5) calendar days after the date on which the debriefing was held. An appeal of a CO protest decision must be filed within three (3) calendar days from receipt of the CO’s protest decision. An agency appellate review of the CO’s decision on the protest does not extend GAO’s timeliness requirements.

When a filing deadline falls on a weekend or Federal holiday, the filing deadline is extended to the next business day.

Documents received after close of business are considered filed as of the next day. Unless otherwise stated, the Bureau close of business is presumed to be 4:30 p.m., Eastern Time.

Use of agency-level protest resolution does not preclude an interested party from using the other protest resolution methods available by law. However, if a protest is filed with a forum outside of the Bureau subsequent to an agency-level protest filing or an appeal of an agency-level protest decision but before the agency-level process has concluded, the agency-level protest or appeal will be considered moot and will be dismissed.

SECTION I – CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far

1.0 52.212-4 Contract Terms and Conditions-Commercial Items (Dec 2014)

2.0 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Apr 2015)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

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

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] http://www.arnet.gov/far

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

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

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

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

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

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

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

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

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 1999).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2007) (E.O. 11246).

__X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

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

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

_X_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

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

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

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

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

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

chapter 67).

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

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

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

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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