16-R-00014.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CFPB

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

CONSUMER FINAN PROTECTION BUREA

CODE 16. ADMINISTERED BYCODE

X

X

541612

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCFP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

SMALL BUSINESS

09/08/2016 1500 ET

08/25/2016

JERRY SALINAS

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

CFP-16-R-00014

5. SOLICITATION NUMBER

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

1 134 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20552

1700 G STREET, NW

OFFICE OF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

CONSUMER FIN PROTECTION BUREAU

EDWOSB

NAICS:

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

EEO Investigation Services

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

VANESSA DEL TORO

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

X x 1

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

134 2 of

Request for Proposal CFP-16-R-00014 EEO Investigation Services

CONSUMER FINANCIAL PROTECTION BUREAU

WASHINGTON, DC 20552

Date: August 25, 2016

To: Interested Offerors

Subject: Request for Proposal (RFP) CFP-16-R-00014, EEO Investigation Services for the

Office of Civil Rights

Dear Offeror:

The purpose of this Request for Proposal (RFP) is to acquire EEO Investigation Services for the Office of Civil Rights within the Consumer Financial Protection Bureau (CFPB or the Bureau). In accordance with the guidelines discussed below, CFPB requests that you provide a proposal in response to this

RFP.

The CFPB hereby issues a combined synopsis/solicitation for commercial items issued on FedBizOpps (FBO) using the policies contained in FAR Subpart 12 - Acquisition of Commercial Items. A description of the work required is in the attached Statement of Work. Based upon its evaluation of proposals received in response to this RFP, the CFPB intends to issue a single Blanket Purchase Agreement (BPA), but reserves the right to make multiple awards, or none. The CFPB will award a contract to the Offeror offering the best value in proposing to satisfy Bureau needs. The NAICS code for this procurement is 541612. Detailed instructions for preparing and submitting a proposal are contained in the RFP, along with the criteria to be used by CFPB in evaluating proposals. This procurement is unrestricted. Please note that Other Than Small businesses must comply with subcontracting regulations and submit a subcontracting plan. Should an Other than Small Business be selected for award, the Contracting Officer will request submission of detailed documentation demonstrating compliance with past subcontracting plans.

Questions concerning this RFP must be received by email to Contract Specialist, Jerry Salinas at Jerry.Salinas@cfpb.gov and Contracting Officer, Vanessa del Toro at vanessa.deltoro@cfpb.gov no later than 12:00 p.m. Eastern Time (ET) on August 29, 2016. The CFPB reserves the right to not answer questions received after that time.

mailto:Jerry.Salinas@cfpb.gov mailto:vanessa.deltoro@cfpb.gov

All proposals responding to this RFP must be submitted via e-mail to both Jerry.Salinas@cfpb.gov and vanessa.deltoro@cfpb.gov by no later than 3:00 p.m. Eastern Time (ET) on September 8, 2016.

CFPB greatly appreciates your attention to this requirement.

Sincerely, Vanessa del Toro Contracting Officer mailto:Jerry.Salinas@cfpb.gov

TABLE OF CONTENTS

A. STANDARD FORM (SF) 1449

B. CONTINUATION OF SF1449

B.1 General

B.2 Objective

B.3 Schedule of Services and Prices

B.4 Scope

B.5 Requirements

B.6 Type of Contract and Ordering Period

B.7 BPA Call Procedures

B.8 Electronic Submission of Payment Requests

B.9 Key Personnel

B.10 Substitution of Key Personnel

B. 11 Place of Performance

B.12 Recognized Holidays

B.13 Hours of Operation

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

C.2.7 Inspection of Books & Records

C.2.8 FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

C.2.9 Records Management

C.2.10 Organizational Conflict of Interest

C.2.11 Data Rights

C.2.12 Security Requirements

C.2.13 Privacy

C.2.14 Cybersecurity/IT Security

C.2.15 Universal Access and Design

C.2.16 Contractor Publicity

C.2.17 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 Agency Level Protest Clause

D.3 Submission Instructions

D.4 FAR 52.212-2, Evaluation—Commercial Items

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

E. LIST OF ATTACHMENTS

E.1 ATTACHMENT 1: PROTOCOL FOR CONTRACT EEO INVESTIGATORS (DRAFT)

E.2 ATTACHMENT 2: PRICE EVALUATION TEMPLATE

E.3 NON-DISCLOSURE AGREEMENTS

E.4 PAST PERFORMANCE QUESTIONNAIRE

E.5 QUESTION FORMAT

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

B. CONTINUATION OF SF1449

1.0 BACKGROUND

The Consumer Financial Protection Bureau (CFPB) is a 21st century agency that helps make markets for consumer financial products and services work for Americans — whether they are applying for a mortgage, choosing among credit cards, or using any number of other consumer financial products.

The CFPB is committed to a work environment that promotes fairness and equality of opportunity for everyone — employees and job applicants — on the basis of merit and without regard to race, color, religion, sex (including pregnancy, sexual orientation, transgender status, gender identity or expression, gender non-conformity, or sex stereotyping of any kind), national origin, disability, age, genetic information, prior Equal Employment Opportunity (EEO) activity, parental status (collectively, “EEO bases”), and other federally protected bases. The CFPB has a zero tolerance standard for unlawful discrimination (including discriminatory harassment and retaliation) in the workplace.

CFPB wishes to provide a neutral and impartial forum for employees, former employees, eligible contractors, or applicants for employment to lodge complaints of discrimination based on any one or more of the protected EEO bases identified above. Pursuant to 29 Code of Federal Regulations (C.F.R.) §1614.104, the Equal Employment Opportunity Commission’s (EEOC’s) Management Directive 110 (MD-110) and related guidance,1 the CFPB is required to provide Counselees access to pre-complaint counseling and an alternative dispute resolution program, offering the parties an opportunity for an early resolution of disputes in a mutually-satisfactory fashion. If the parties fail to reach a resolution, the Counselee may file a formal complaint of discrimination. The CFPB is required to investigate the complaint of discrimination in accordance with 29 C.F.R. §§1614.106-1614.108 and

MD-110.

2.0 OBJECTIVE.

CFPB would like to establish a Blanket Purchase Agreement (BPA) to obtain investigative services during the formal phase of the complaint process, as required by 29 CFR §§1614.106, 1614.108, 1614.204, the EEOC’s Management Directive 110, and as further specified in Appendix A (Investigation of Formal Complaints of Discrimination) or other CFPB-specific guidance provided.

3.0 SCHEDULE OF SERVICES, AND PRICES

1 All references to 29 C.F.R. Part 1614 and MD-110 in this document are to the most current versions of such authorities in effect. In the event that EEOC issues additional guidance related to the 29 CFR Part 1614 process, that guidance must additionally be followed.

The Contractor shall provide a fixed unit price per case for the scope defined in the SOW by filling in the BPA Rate Table below (Attachment 2). The proposed fixed prices shall include all necessary labor, material, and other direct costs to meet the CFPB’s requirements. Please see Attachment 2 for context and background description of typical investigations.

The Contractor shall also provide an hourly rate for investigators. Hourly rates will only apply to provide additional funding beyond the fixed unit price per case for cases determined “highly complex” as defined in subsequent pages.

BPA RATE TABLE

Fixed Unit Price per Case Investigator

Labor Hour Rate

Base Period

Option Period 1

Option Period 2

Option Period 3

Option Period 4

4.0 SCOPE

The scope of CFPB requirements includes complaints of discrimination over which the EEOC has jurisdiction, and which are filed by employees, former employees, eligible contractors, or applicants for employment who allege discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, transgender status, gender identity or expression, gender non-conformity, or sex stereotyping of any kind), national origin, disability, age, genetic information, or any other basis over which CFPB has jurisdiction. It also includes complaints of retaliation based on prior Equal Employment Opportunity (EEO) activity and complaints of discrimination or retaliation based on sexual orientation, gender identity, or parental status under applicable Executive Orders.

Specific details on mandatory services, deliverables, and qualification requirements are included in Attachment 1 (DRAFT Protocol for Contract EEO Investigators).

5.0 REQUIREMENTS

5.1 Investigations

5.1.1 EEO investigative services shall be performed in accordance with the regulations of the Equal Employment Opportunity Commission (EEOC) as set forth at in the most recent version of 29 C.F.R. Part 1614; EEOC Management Directive 110 (MD-110); CFPB requirements; and any applicable law, statute, regulation, Executive Order, EEOC guidance, directive, or bulletin pertaining to the alleged discrimination.

5.1.2 Investigations shall include a thorough inquiry of the circumstances under which the alleged discrimination in employment occurred, along with evidence (declarations/affidavits, documents, comparative evidence, statistical evidence etc.) from which the trier of fact is able to determine whether or not any violation of EEO laws occurred, and where appropriate, recommendations regarding the appropriate remedy. By gathering the relevant information and documentation, the EEO Investigator plays a critical role in helping prepare the factual record.

5.2 Quality

5.2.1 OCR places extraordinary emphasis on ensuring all EEO investigations are complete, thorough, impartial, and timely. The standards of quality and thoroughness that may be deemed sufficient for EEO investigations in other federal agencies may not suffice to meet OCR’s high expectations and requirements. Many CFPB EEO investigations require extensive redaction of confidential information and evidence-gathering for original claims and amendments, including follow-up conversations with multiple witnesses and follow-up document requests, that exceed the requirements imposed by many (if not most) other federal agency EEO offices. OCR expects and demands vendors/investigators to produce work product and deliverables of the highest quality. OCR reserves the right to reject drafts or final versions of any required deliverables that do not meet OCR’s standards, and to require the vendor/investigator to revise deliverables accordingly.

5.2.2 To help vendors/investigators better understand the somewhat-intangible level of quality OCR will demand from vendors/investigators under this agreement, OCR provides some of its basic expectations on quality and timeliness below.

Others metrics of quality and expectations/requirements are specified in CFPB’s Standard Operating Procedures for Investigations (Appendix A.):

5.2.2.1 Investigative Plans (IPs) must accurately and thoroughly set out the applicable evidentiary framework and legal standards under federal-sector EEO guidance and case law with respect to each accepted claim to be investigated. This includes conducting relevant legal research to ensure the most current legal standards are used. IPs must be thorough and detailed, delineating each witness the investigator expects to interview and specifying all questions the investigator intends to ask each witness (including relevant questions about remedies/damages).

Questions should be easy to understand, avoid compound inquiries, and seek to uncover directly the evidence needed. IPs must detail all other evidence and documents the investigator intends to request, and such evidence to be sought must be comprehensive and exhaustive (taking into account the nature of the relevant claims). IPs must be submitted for review by OCR within seven calendar (7) days of the date the investigator is assigned to the matter. IPs must be amended and submitted for OCR review within three calendar (3) days of each complaint amendment, or in light of evidence gathered that requires changes in scope of questions, documents needed, witnesses needed to be interviewed, or overall investigative strategy.

5.2.2.2 Investigators must pursue all relevant evidentiary leads and may not refuse to interview relevant witnesses or gather relevant facts due to expediency. Relevancy must be broadly construed to ensure a thorough investigation. At the same time, all investigations shall be conducted and completed within all regulatory timeframes relayed by OCR staff.

5.2.2.3 Investigators must complete and compile final Reports of Investigation (ROIs) within sufficient time to enable complainants and the Legal Division to review the ROI and provide feedback before the ROI is finalized. This is consistent with best practices outlined in the EEOC’s Management Directive 110, Chapter 6, Section X.

5.2.2.4 ROIs must contain a section summarizing all the testimony and evidence in the record – not just select affidavits or exhibits. The summary must be organized by each claim accepted, and must identify and note any and all relevant evidence in the record related to each element of each claim or defense at issue, and specify the specific page(s) in the ROI where the relevant evidence appears.

5.2.2.5 Investigators must provide updates to OCR personnel/case managers to ensure the investigation begins on time and remains on track to meet all interim deadlines. Investigators must consult or meet with the applicable OCR case manager (or designee) at least once a week for a minimum of 15 minutes regarding investigation status, timelines, issues/problems, etc. OCR expects a typical weekly check-in to last 30-60 minutes. The Investigator is responsible for scheduling the meetings, creating the agenda for the check-in, and alerting the OCR Director if OCR personnel are not attending the check-ins.

5.2.2.6 Investigators must provide OCR case managers with affidavits and exhibits as they are received during the course of the investigation to enable the OCR case manager to review and provide feedback and provide follow-up topics/questions and suggestions regarding additional documentation, comparative evidence, statistical evidence and/or witnesses, as needed, which may then require an amendment to the Investigation Plan. Investigators must agree to work with OCR case managers in good faith to gather any and all testimony and other evidence deemed necessary by OCR.

5.2.2.7 Investigators are expected to conduct work during typical business hours of 9:00 a.m. to 6:00 p.m. while co-located in office space at CFPB. Typical hours may be amended based on business needs (e.g., interviews will employees in a different time zone). As noted below, CFPB typically prefers in-person interviews, video conference, or teleconference rather than the use of written interrogatories, where feasible and consistent with law.

5.2.2.8 Vendors and investigators must demonstrate excellent attention to detail and provide draft and final work products free from any grammatical and typographical errors. All emails, letters, memos, and other deliverables prepared by the investigator (including IPs, written interrogatories presented to witnesses, and ROIs) must be proofread for clarity and completeness before issuance, and be free from any grammatical or typographical errors. In addition, all materials must be organized well (using headings and sub-headings as needed) and written in plain language to aid ease of understanding for the reader.

5.2.2.9 All deliverables must be completed using any templates/samples provided by OCR, which may be updated during the course of the BPA period.

5.2.2.10 Vendors must have the technological capability to provide electronic (e.g., PDF) versions of all documents and in the format specified in the EEOC’s Management Directive 110 (e.g., at Chapter 6 Section VIII) or by OCR, and to receive and send encrypted emails containing large attachments. Protection of PII is of the utmost importance to OCR.

5.2.2.11 Vendors and investigators must redact confidential supervisory information, confidential investigative information, confidential consumer complaint information and personally identifiable information from a version of all deliverables (e.g., IPs and ROIs). The Office of Civil Rights will provide guidance as needed.

Vendors/investigators must provide a key with all deliverables containing redacted information to explain any redacted information.

All necessary redactions shall be completed by the investigator/vendor as the investigation proceeds and not at the end of the investigation (e.g., during compilation/preparation of the final ROI).

5.2.2.12 Vendors/investigators must ensure and certify that all electronic copies of deliverables (e.g., ROIs) match precisely the hard copies provided, and that each page of the electronic version of the deliverable is present and paginated with the same number in corresponding hard copies.

5.2.2.13 Investigators shall fill out any form provided by the Office of

Civil Rights to facilitate proper and accurate No FEAR Act, Form 462, or other reporting of complaints-processing data.

5.2.2.14 Investigators and vendors assigned to work on OCR matters must agree never to perform investigation work as a contractor for any other CFPB office, including, for example, management inquiries conducted by the Office of Human Capital to avoid conflicts of interest or the appearance of conflicts of interest.

5.3 Approach

5.3.1 Investigators must be (and must maintain the appearance of being) unbiased, thorough, and objective. Investigators must always be neutral in their approach to developing the facts of the claims at issue and must never present the appearance or suggestion of promoting either the agency’s or the complainant’s position.

5.3.2 CFPB expects a constant workload, but may experience case surges at times which could require the vendor to be actively working on and to assign sufficient investigative staff to process an estimated fifteen (15) to eighteen

(18) cases simultaneously. Rather than assigning any available investigator to a task order, CFPB requires the Contractor to assign the same contractor staff to perform all CFPB work for the purpose of having the smallest number of individual contractor staff necessary to handle CFPB caseload. Doing so will create a cadre of contractor staff with institutional knowledge of CFPB and OCR processes, which will aid efficiency and the quality of CFPB investigations.

5.4 Case Complexity Determination

5.4.1 It is expected that few cases will be determined as highly complex.

5.4.2 Complex cases may include, but are not limited to, cases with a high volume of witnesses, documentary evidence, claims, and/or issues; cases raising “pattern or practice” allegations necessitating the collection of information on which statistical analyses can be performed; cases with a high volume of comparator evidence; cases with a high volume of confidential information pursuant to 12 C.F.R.; certain cases with amendments; cases in which the Investigation Plan(s) must be significantly altered or amended given information uncovered;

and/or cases raising complex legal and/or factual questions.

5.4.3 Cases normally will be determined as highly complex once the investigation is underway, as there is no way to determine a high level of complexity based on the initial Acceptance Letter (except possibly “pattern or practice” claim allegations).

5.4.4 Cases will be determined as highly complex solely by CFPB’s OCR based on what is determined to be an unusually high level of effort requirement.

5.5 Deliverables and Deadlines

5.5.1 Investigative services must be completed in the specific manner including the specific deliverables and within the deadlines detailed in CFPB’s Standard Operating Procedures for Investigations (Appendix A).

5.6 Location of Services

5.6.1 CFPB generally prefers witness interviews over the use of written interrogatories in lieu of interviews (when consistent with Rehabilitation Act requirements). All witness interviews performed as part of EEO investigations shall be conducted in person where possible without generally the need for travel outside the metropolitan Washington, DC Area except in unique circumstances and considering all relevant deadlines. Some complainants and witnesses work outside of the metropolitan Washington, DC area and phone, videoconferencing, and/or email communications in these instances are permissible. Investigators will be expected to transcribe responses to questions asked and allow the witness sufficient time to review, correct, and supplement responses.

6.0 TYPE OF CONTRACT AND ORDERING PERIOD

This is a Blanket Purchase Agreement (BPA) under which Firm-Fixed price Calls for

Investigation of EEO cases, or Firm-Fixed Price Calls with additional Labor Hours for high complexity cases (as determined by CFPB), may be placed. The ordering period under which

BPA Calls may be issued shall be from date of award for one year, with four (4) one-year

Options Periods, exercisable in the Government’s discretion.

Contract Administration Data

7.0 BPA CALL PROCEDURES.

7.1 GENERAL. The Government will order services through the issuance of BPA Calls, which will be firm-fixed price based on the fixed rates contained in the BPA. Each Call will have a unique, Government-provided identifier (BPA Call 0001, 0002, etc.) and will obligate funds (incrementally or in total) to cover the work required under that BPA Call. In the event of a conflict between the terms in a BPA Call and the BPA, BPA terms shall prevail.

7.2 MAXIMUM VALUE OF CALLS. The value of any given Call issued by the Government may not exceed the limitation for individual purchases of commercial item acquisitions conducted under FAR Part 13.5.

8.0 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

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

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

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

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

Contracting Officer authorizes alternate procedures in writing.

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

8.1 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.

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

8.2 OVERPAYMENTS.

8.2.1 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.

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

Special Contract Requirements

9.0 KEY PERSONNEL.

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

9.1 Contract/Project Manager (CM)

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

9.2 EEO Investigators:

As required by 29 C.F.R. Part1614 and EEOC’s Management Directive 110, Chapter 6, the Contractor will ensure that all its EEO Investigators assigned to perform under a call order are trained and qualified to conduct EEO investigations, prior to starting any work under such call order. This training includes 32 hours of training for new investigators, and a continuing obligation for all investigators of 8 hours of refresher training per year (or any additional or different training requirements subsequently required by the EEOC). The Contractor must provide evidence to CFPB that investigators have received the minimal required training at the time an investigation is assigned, and continue to meet the refresher training requirements.

9.2.1 Investigators shall all meet the following minimum requirements:

9.2.1.1 Meets all MD-110 training requirements then in effect

9.2.1.2 Has at least three (3) years’ experience conducting EEO investigations

9.2.2 The following are highly preferred qualifications for investigators:

9.2.2.1 Possesses a J.D. or equivalent law degree

9.2.2.2 Experience working as a lawyer, investigator, or analyst at the Equal

Employment Opportunity Commission or equivalent state agency

9.2.2.3 Has at least three (3) years’ experience conducting federal sector EEO investigations.

10.0 SUBSTITUTION OF KEY PERSONNEL.

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

11.0 PLACE OF PERFORMANCE.

The work to be performed under the contract will be performed primarily at the location and in the same vicinity/office area in Washington, D.C. where OCR personnel perform work, or at other appropriate locations as defined by the agency, including telephonically, via videoconferencing, and/or via email.

11.1 Investigations and related work are to be conducted in OCR Workspace using CFPB-issued laptops, CFPB-assigned email addresses, and in person, when possible. All work product generated related to investigations must be saved and retained on CFPB-issues laptops and CFPB servers/drives in line with CFPB and OCR requirements.

11.2 The Office of Civil Rights (OCR) expects EEO Investigators assigned to perform under a BPA Call to be physically co-located with other OCR personnel in CFPB’s headquarters in Washington, DC for the duration of the investigation while conducting CFPB work (i.e., until the final ROI is transmitted to the parties), and to conduct investigation-related work in work space provided by OCR for use by investigators.

CFPB also wishes to minimize the number of individual investigators assigned to conduct CFPB work to the least amount of investigators necessary to handle the workload to enhance efficiency and standardization of approach. CFPB prefers that the same small cadre of investigator(s) conduct all CFPB investigations.

12.0 RECOGNIZED HOLIDAYS

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

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

13.0 HOURS OF OPERATION

The Contractor is responsible for conducting business between the hours of 9:00 a.m. and 6:00 p.m. Eastern Time Mondays through Fridays, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks outlined in this Contract when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the small cadre of investigators assigned to assist OCR is essential.

C. CONTRACT CLAUSES

1.0 AUTHORITY — CONTRACTING OFFICER

a. The Contracting Officer for this contract is:

Vanessa del Toro

Contracting Officer

Consumer Financial Protection Bureau

1700 G Street, NW

Washington, DC 20552

Phone Number: 202.435.7798

Email: vanessa.deltoro@cfpb.gov

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

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

2.0 CONTRACTING OFFICER RESPRESENTATIVE (COR) DESIGNATION AND

AUTHORITY

a. The Contracting Officer Representative is:

Barbara Esquibel Office of Civil Rights Consumer Financial Protection Bureau 1700 G Street, NW, Washington, DC 20552 Phone Number: (202) 435-9048 Email: Barbara.Esquibel@cfpb.gov mailto:Barbara.Esquibel@cfpb.gov

b. Performance of work under this contract must be subject to the technical direction of the

COR identified above, or a representative designated in writing. The term “technical direction “ includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

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

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

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

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

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

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

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

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

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

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

COR, or his/her designee, falls within the limitations in I, above, the Contractor shall immediately notify the contracting officer no later than the beginning of the next

Government work day.

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

“Disputes.”

3.0 VENDOR POINT OF CONTACT (VPOC)

a. The Contractor’s designated Contract Manager for this BPA is:

Name: ________________________________ Office No: ___________________ Fax No: ________________

E-Mail Address: ____________________________________________

b. The Contractor shall provide a Contract Manager for this BPA who shall have the authority to make any no-cost technical, hiring and dismissal decisions for the Contractor regarding this BPA. The Contract Manager shall be responsible for the overall management and coordination of this BPA and shall act as the central point of contact with the Government. The Contract Manager shall have full authority to act for the Contractor in the performance of the required services. The Contract Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Contract Manager or designated representative shall respond within four hours after notification of the existence of a problem. The Contract Manager shall be able to fluently read, write, and speak the English language.

4.0. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(JUN 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 (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]

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

_X_ (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) [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 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. 644I).

___ (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)).

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

(E.O. 13126).

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

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

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

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

793).

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

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

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

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

_X__ (34) 52.222-54, Employment Eligibility Verification (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. 6962I(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)I). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(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.

___ (39) (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.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (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__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (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.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (48) 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).

___ (49) 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).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (54) 52.232-33, Payment by Electronic Funds Transfer — System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (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.

I The Contractor shall comply with the FAR clauses in this paragraph I, 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. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph I(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 (Apr 2010) (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…