CFP-16-Q-00028.pdf

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

29 March 2016

TO: Small BusinessVendors

SUBJECT: Request for Quotes: CFP-16-Q-00028 – Google Analytics Premium Software

License/Subscription and Annual Support

The purpose of this Request for Quotes (RFQ) is to:

Purchase Google Analytics Premium License Subscriptions and Annual Support and

Customized Implementation Services

Based upon the evaluation of Quotes received, the CFPB intends to issue a single Purchase

Order. This procurement is set aside for small businesses.

Responses (Quotes) to this RFQ must be received by Peggy Wright

(Peggy.Wright@cfbpb.gov) and Denise Henderson (Denise.Henderson@cfpb.gov) no later than

12:00pm (NOON) ET on Wednesday, April 6, 2016. Quotes received after that date and time may not be opened, evaluated, or considered for award.

We appreciate your taking the time to provide us with a quote for these critical services.

Peggy Wright

Contracting Officer

202-453-7355 mailto:Peggy.Wright@cfbpb.gov mailto:Denise.Henderson@cfpb.gov

Google Analytics Software Licenses and Annual Support

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TABLE OF CONTENTS

A. STANDARD FORM (SF) 1449

B. CONTINUATION OF SF1449

B.1 General

B.2 Schedule of Prices

B.3 Requirements

B.4 Marking

B.5 Inspection and Acceptance

B.6 Period of Performance

C. CONTRACT CLAUSES

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

SF 1449 block 27a);

C.2 Addendum to 52.212-4

C.2.1 Authority – Contracting Officer

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

C.2.3 Vendor Point-of-Contact (VPOC)

C.2.4 Electronic Submission of Payment Requests

C.3 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and

Executive orders;

C.2.5 Public Release of Contract

C.2.6 Inspection of Books & Records

C.2.7 FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

C.2.8 FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

C.2.9 FAR 52.252-2 Clauses incorporated by Reference (FEB 1998)

D. SOLICITATION PROVISIONS—

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

1449, Block 27a);

D.2 Addendum to 52.212-1;

https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179124 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179124

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D.2.1 Agency Level Protest Clause

D.2.2 Submission Instructions

D.3 FAR 52.212-2, Evaluation—Commercial Items, or other description of evaluation factors for award, if used; and

D.4 FAR 52.212-3, Offeror Representations and Certifications—Commercial Items.

https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179178 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194

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B. CONTINUATION OF SF1449

B.1 General. The Consumer Financial Protection Bureau (CFPB), Office of Technology and

Innovation (T&I) is seeking an authorized reseller to provide Google Analytics Premium

Software Subscription, annual support, and custom implementation services.

B.2 Schedule of Prices

The Vendor shall complete the following pricing table. The sum of all prices for the base year and option years will represent the Quoters submitted firm fixed unit price.

ITEM Base

Year

Price

Option

Year 1

Price

Option

Year 2

Price

Option

Year 3

Price

Option

Year 4

Price

TOTAL

FIRM

FIXED

PRICE

Google Analytics

Premium Fixed Term

License/Software

Subscription with 12 months support

(Less than

1,000,000,000 Hits

Per Month) $____/Yr $___/Yr $___ /Yr $___ /Yr $____/Yr $____/Yr

Customized

Implementation

Support

(Not to Exceed 75

Hours Per Year)

$____/Hr

$___/Hr

B.3 REQUIREMENTS.

a. Google Analytics Premium License/Software Subscription, Less than 1,000,000,000 hits per month. The subscription shall provide the following functionality:

• Must be able to integrate with DoubleClick, AdWords and AdSense

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• Provide unlimited and unsampled data that can be downloaded from Google servers to CFPB servers

• Ability to access Audience Center tools to provide special interest information on end users

• Dedicated account manager and 24/7 Technical Support

b. Customized Software Implementation Support- The vendor shall provide customized consulting and implementation support, as may be directed by the CFPB on an as needed basis, for a range of activities, including but not limited to Google Tag Manager auditing, customized tracking and tag implementation, etc.

a. Vendor shall get approval from COR and/or Program POC prior to beginning any work.

B.4 Marking. All information submitted by the Contracting Officer (CO) and/or the COR shall clearly indicate the Purchase Order number for which the information is being submitted.

B.5 Inspection and Acceptance. Inspection and acceptance of all products and services shall be made in accordance with best commercial practices.

B.6 PERIOD OF PERFORMANCE. The base Purchase Order period of performance shall begin upon issuance of an executed order (SF-1449) by the Contracting Officer and continue for a period of twelve

(12) months. This Purchase Order shall also include four (4), one-year options for annual support.

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C. Contract Clauses

C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(May 2015) – Incorporated by Reference

C.2 Addenda to FAR 52.212-4

C.2.1 AUTHORITY - CONTRACTING OFFICER.

a. The Contracting Officer for this Order is:

Peggy Wright

Office of Procurement, Consumer Financial Protection Bureau

1700 G Street, NW, Washington, DC 20552

Phone Number: (202) 435-7355

Email Address: peggy.wright@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, and notwithstanding any clauses contained elsewhere, 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 terms or price to cover any increase in cost incurred as a result thereof.

C.2.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR) DESIGNATION AND

AUTHORITY.

2.2.1 The COR for this action is:

//To be given at time of award//

2.2.2 Performance of work under the Delivery Order must be subject to the technical direction of the COR identified above, or a representative designated in writing. The mailto:peggy.wright@cfpb.gov

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

term “technical direction” includes, without limitation, direction to the Vendor 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.

2.2.3 Technical direction must be within the scope of the Delivery Order specification(s)/work statement. Technical direction may be oral or in writing. The

COR shall confirm oral direction in writing within five workdays. The COR does not have authority to issue technical direction that:

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

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

• Causes a change the Delivery Order price, or the time required for performance;

• Changes any of the terms, conditions, or requirements of the Delivery Order;

• Interferes with the Vendor’s right to perform under the terms and conditions of the Delivery

Order; or

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

2.2.4 The Vendor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Vendor, any direction of the

COR, or his/her designee, falls within the limitations in subparagraph 12.3 herein, the

Vendor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

2.2.5 Failure of the Vendor and the Contracting Officer to agree that technical direction is within the scope of the Delivery Order shall be subject to the terms of the clause entitled “Disputes.”

C.2.3 VENDOR POINT-OF-CONTACT (VPOC). The Vendor’s designated Point-of-Contact shall be responsible for the overall management and coordination of this Delivery Order and shall act as the central point-of-contact with the Government. The VPOC shall have full authority to act for the Vendor in the performance of the required services. The VPOC, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The VPOC or designated representative shall respond within four hours after notification of the existence of a problem. The VPOC shall be able to fluently read, write, and speak the English language.

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C.2.4 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.

2.4.1 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.

2.4.2 OVERPAYMENTS.

2.4.2.1 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.

https://www.ipp.gov/

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The debit from the Contractor’s account will usually occur within twenty-four hours and will be shown on the regular account statement.

2.4.2.2 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.

C.2.5 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 mailto:CFPBprocurement@cfpb.gov

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

nondisclosure prior to making a final determination as to what information in the contract may be properly withheld.

C.2.6 INSPECTION OF BOOKS & RECORDS

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

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

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

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

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

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

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

2.6.6 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.

2.6.7 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.

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

C.2.7 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the

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

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

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

C.2.8 FAR 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.

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(3) Any such clause is deemed 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.

C.2.9 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil or http://www.arnet.gov/far. (End of clause)

FAR 52.227-14, RIGHTS IN DATA – GENERAL (DEC 2007)

FAR 52.232-1, PAYMENTS (APR 1984)

C.3 FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2016)

(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 (Nov 2015)

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

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

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

3509).

___ (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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (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).

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

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

___ (10) [Reserved]

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

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

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

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

___ (13) [Reserved]

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___ (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)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 2015) 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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

793).

__X_ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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

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___ (ii) Alternate I (Oct 2015) 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 (Oct 2015) (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).

_X__ (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).

_X__ (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).

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___ (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).

_X__ (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)).

_X__ (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).

___ (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).

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___ (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).

_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (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. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

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Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

13627).

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(xii) 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.)

(xiii) 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)

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

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

13658).

(xvi) 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).

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

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

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

(End of Clause)

D. SOLICITATION PROVISIONS

D.1 FAR 52.212-1 - Instructions to Offerors—Commercial Items, by reference (OCT 2015) (see SF

1449, Block 27a)

D.2 Addenda to 52.212-1

D.2.1 AGENCY-LEVEL PROTEST

In the spirit of transparency and accountability and in accordance with FAR Subpart 33.103, the

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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

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

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.

D.2.2 SUBMISSION INSTRUCTIONS

(a) The Vendor is required to identify its Vendor Point-of-Contact (VPOC) here:

Name: ______________________________________________________________

Telephone number(s): __________________________________________________

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Email address(es): _____________________________________________________

(b) Vendor shall complete the following pricing table. Price will be determined by adding the total price for the base year and all options. The sum of all prices for the base year and four (4) option years will represent the Quoters submitted firm fixed unit price.

(c) Vendor shall submit proof of authorized reseller status for the software, Google Analytics.

(d) Vendor shall complete the representations and certifications at 52.212-3, Offeror

Representations and Certifications—Commercial Items, in Paragraph D.4.

D.3 FAR 52.212-2 - Evaluation -- Commercial Items (OCT 2014)

a) The Government will award a single Purchase Order resulting from this solicitation to

ITEM Base Year

Price

Option

Year 1

Price

Option

Year 2

Price

Option

Year 3

Price

Option

Year 4

Price

TOTAL

FIRM

FIXED

PRICE

Google Analytics

Premium Fixed Term

License/Software

Subscription with 12 months support

(Less than

1,000,000,000 Hits

Per Month)

$______Yr

$_____Yr

$_____Yr

$____Yr

$____Yr

$______Yr

Customized

Implementation

Support (Not to

Exceed 75 Hours Per

Year)

$______Hr

$_____Hr

$____Hr

$___Hr

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the responsible Vendor whose Quote, conforming to the solicitation, will be most advantageous to the Government, is considered technically acceptable and is the lowest price. While the CFPB intends to award a single Purchase Order, it reserves the right to make no award, or multiple awards. The following factors shall be used to evaluate offers:

(i) Technical acceptability of the item offered to meet the Government requirement, determined by, at a minimum, whether

a. The Vendor is an authorized reseller of the software, as evidenced by certification of reseller status, and;

b. the Vendor’s proposed software meets the requirements of the solicitation.

(ii) Price. See Pricing Table Template, in Para D.2.2(b) above.

Quotes that do not meet all of the technical requirements specified will not be considered for award.

b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

D.4 FAR 52.212-3 - Offeror Representations and Certifications -- Commercial Items (Nov 2015) https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194

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The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(p) of this provision.

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

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

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

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

http://www.acquisition.gov/

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(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

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(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business…