17-R-00017_Amendment_0001_red-lined_conformed_RFQ.pdf

CFP-17-R-00017 Amendment 0001 Compliance Analysis Tool Licenses

COMPLIANCE ANALYSIS TOOL FOR THE CONSUMER FINANCIAL

PROTECTION AGENCY, OFFICE OF SUPERVISOR EXAMINATIONS,

WASHINGTON, DC

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is being issued as a Request for Proposal (RFP) under CFP-17-R-00017. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-95.

The NAICS Code for this procurement is 541511 – Custom Computer Programming Services PSC 7030 – Information Technology Software

1.0 PRICING TABLE – Total Evaluated Price

The CFPB is seeking licenses for a Compliance Analysis Tool for a 12-month base period and four (4) 12-month option periods.

Proposals shall include a price for the base year and each option period. The Awardee will be paid on a Firm, Fixed Price Basis for the base period and each option period exercised.

Please complete the below Pricing Table by providing a Firm Fixed Price for the Base Period, Option Period 1, Option Period 2, Option Period 3 and Option Period 4; these figures will be totaled to arrive at each vendor’s/offeror’s Total Evaluated Price. Offerors are authorized to provide a licensing structure (enterprise-wide or individual user licenses) that is most cost effective, and should complete the below Pricing Table accordingly (depending upon the offeror’s approach, additional rows may be added to the Pricing Table if necessary). Note that at a minimum the solution must be able to handle up to 25 simultaneous users of the batch loan file processing (covered entities) and up to 75 concurrent Examiner users of the individual loan file analysis at any given time. See below for additional details.

CLIN ITEM DESCRIPTION QTY UNIT FIRM

FIXED

PRICE

BASE PERIOD

0001 Compliance Analysis

License Each $

OPTION PERIOD 1

0002 Compliance Analysis

License Each $ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781

OPTION PERIOD 2

0003 Compliance Analysis

License Each $

OPTION PERIOD 3

0004 Compliance Analysis

License Each $

OPTION PERIOD 4

0005 Compliance Analysis

License Each $

2.0 EXECUTIVE SUMMARY

The Consumer Financial Protection Bureau was established under Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”).

To create a single point of accountability in the federal government for consumer financial protection, the Dodd-Frank Act consolidated many of the consumer financial protection authorities previously shared by seven federal agencies into the CFPB, and provided the Bureau with additional authorities. Its mission is to help consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives.

The CFPB Office of Supervision Examinations seeks licenses for a Compliance Analysis Tool that facilitates its examinations of mortgage loan originators. This tool should enable the CFPB to analyze loan portfolios for compliance in advance of examinations. It will also be used on-site so that examiners can drill down into specific mortgage loans.

ALL REQUIREMENTS HEREIN ARE MINIMUM

3.0 SCOPE

The CFPB is seeking a Compliance Analysis Tool that will meet the requirements identified in this RFP.

The solution shall be able to handle up to 25 simultaneous users of the batch loan file processing (covered entities) and up to 75 concurrent Examiner users of the individual loan file analysis at any given time. CFPB is open to the licensing structure (enterprise-wide or individual user licenses) that is most cost effective.

3.1 Calculations for Mortgage Analysis

• Truth in Lending Act (TILA) Annual Percentage Rate (APR) calculator and/or analytical tool that includes ability to:

o Calculate single payment loans o Calculate multiple advance loans, such as construction loans, with and without interest reserves, including construction/permanent loans, and to handle the interest reserve under different scenarios o Calculate interest only loans o Calculate loans with resets at either or both a ratio of principal to loan amount and at a periodic interval o Calculate biweekly mortgages o Calculate negatively amortizing loans o Calculate combinations of the above for both ARM (typically prime) and non-ARM loans (“e.g. 37/3 hybrids, typically subprime) o Calculate TILA Finance Charge disclosure tolerances (for purchase transactions, refinance transactions, and foreclosure refinance transactions) o Ability to calculate Right of Rescission timing o Calculate APR for pre-computed interest financing o Calculate TILA/Home Ownership Equity Protection Act

(HOEPA) section 32 tolerances

Ability to link to published average “prime offer rate”

Prepayment penalty threshold HOEPA limitation Balloon payment HOEPA limitations Negative Amortization HOEPA limitations Late Fee HOEPA limitations Grace Period HOEPA limitations Financing of Points and Fees HOEPA limitations Ability to omit 2 basis points from calculations with accurate identification o Calculate requirements of TILA/Higher-Priced Mortgage Loan

(HPML) under 12 CFR 1026.35 HPML Escrow Account requirement HPML Document Type requirement HPML Prepayment Term limitation o Handle different sets of fees for different purposes (e.g., for prepaid finance charges, finance charges paid after closing, settlement costs, and HOEPA fees, etc.)

o The calculator needs to correctly interpret:

odd days interest correctly and give the option of including or not including:

various indices various rounding factors (and directions) various look-back period

• The Compliance Analysis Tool shall also perform the following:

o Ability to accurately test Know Before You Owe (KBYO) tolerances (0%, 10%, and unlimited, across multiple disclosures provided to consumer during loan transaction) o Ability to verify all settlement costs from the Loan Estimate(s) (LE) to the final Closing Disclosure(s) and Post-Consummation Disclosure(s), where applicable (ability to capture all versions of each disclosure) o Ability to compare Closing Disclosure actual charges and calculate reimbursement amount where applicable o Ability to calculate Total of Payments (as updated with KBYO) o Ability to calculate Total Interest Percentage (TIP) (KBYO) o Ability to calculate In Five Years (KBYO) o Ability to perform calculation and produce reports on disclosure-specific calculations (LE, CD, Post-Consummation CD) for every disclosure provided to consumer o Ability to test for dual broker compensation o Ability to test for financing of credit insurance (TILA) o Ability to test if a new waiting period is required on Revised CD o Ability to test for an invalid change in circumstance specific to the disclosure o Ability to test Lender Credits that Cannot Decrease test o Ability to test tolerances have been reimbursed timely and an accurate amount o Ability to test for timeliness of Homeownership Counseling

Disclosure (RESPA) o Ability to test for Qualified Mortgage coverage and related QM tests QM Type negative amortization feature interest only feature balloon payment loan term points and fees DTI threshold safe harbor threshold o Ability to provide Amortization Schedule o Check the unique ID of the mortgage originator with NMLS per

SAFE Act requirements (against various relevant dates over the course of a loan transaction) o Ability to verify the Mortgage Disclosure timing requirements outlined in TILA, RESPA o Ability to verify all settlement costs from the Good Faith Estimate (GFE) and HUD-1 Settlement Statement o Ability to compare HUD-1 settlement statement actual charges and calculate reimbursement amount o Ability to test Real Estate Settlement Procedures Act(RESPA)/HUD-1 tolerances

3.2 Requirements for Conducting Calculation Analysis

• Flexibility to perform calculations for single loan or entire portfolio

• Ability to generate and export reports of findings (specific violations and aggregate summary information)

• Test results should provide specific information to support each regulatory test/finding (notification of failure/alert without explanation not sufficient)

• Identify and flag violations with corresponding regulatory citation

3.3 User Access and Functionality

• Flexible interface and electronic data request submission format from institutions such that required data elements can be streamlined or adjusted as needed.

• Ability to produce electronic workpapers for examination file (including summary reports of loan reviews), where workpapers are summary and full-detailed reports of regulatory findings and loan data inputs, exportable via PDF, on an individual loan basis

• Ability for users to generate self-service reports of the loan data and associated regulatory tests results (self-service feature where user can generate reports at any time, using various filter criteria to create reports)

3.4 Technical Requirements

• Ability to export all data and associated test results to CFPB Data Warehouse.

• Scalability: the system should be able to handle up to 25 simultaneous users of the batch loan file processing and up to 75 users of the individual loan file drill-down capabilities.

• Performance of periodic upgrades, as needed, with minimal disruption

• Provision of 24/7 technical support (remotely)

• Ability to support multiple client operating system platforms (e.g., Windows, Mac, etc.)

• Ability to support multiple web browsers (Chrome, Internet

Explorer, Firefox, Safari)

• Ability for CFPB IT staff to either access all the business data directly through database or API connectivity or the ability to automate exports and transfers (via SFTP or similar) of all business data into a standard format such as XML, XLS or CSV (accessing the data outside of the application interface is required)

• Current functionality allows daily CSV exports of loan data to be transferred into the internal network via SFTP for data archival and to feed additional Tableau reporting

• Immediate ability to deploy

4.0 INFRASTRUCTURE, OPERATING SYSTEM, AND SECURITY

REQUIREMENTS

CFPB users will be located across multiple offices across the United States and will be connected over an MPLS WAN cloud. Internal applications will be hosted on a virtual private cloud infrastructure. While the current virtual cloud environment has the capability of supporting a variety of operating environments, CFPB will support a limited number of technical platforms to manage complexity of the infrastructure. Currently, CFPB supports the following platforms:

• Operating Systems: Red Hat Enterprise Linux 6, Windows Server 2008

• Database: PostgreSQL 9.4 or higher, SQLServer 2012

• Web Servers: Apache Tomcat, IIS v7

• Languages / Application Framework: Python (including the Django framework), Ruby (including the Rails framework), PHP, Java, Go, SQL

Authentication and access control is managed by LDAP and Kerberos interfaces with Active Directory. Authentication on LAMP-based applications is managed by Kerberos tokens. CFPB users will use both Windows and Macintosh based client laptops and desktops. Depending on the CFPB user, web applications are used on recent versions of leading browsers such Internet Explorer, Firefox, Chrome and Safari.

5.0 DELIVERABLES

The following deliverables are required and shall be submitted to the Contracting Officer’s Representative (COR).

CLIN Deliverable Due Date 0001 Compliance Analysis Tool

License Award through one (1) year thereafter

0002 (Option) Compliance Analysis Tool License

Option Exercise through one (1) year thereafter

0003 (Option) Compliance Analysis Tool License

Option Exercise through one (1) year thereafter

0004 (Option) Compliance Analysis Tool License

Option Exercise through one (1) year thereafter

0005 (Option) Compliance Analysis Tool License

Option Exercise through one (1) year thereafter

6.0 ANALYTICAL, TECHNICAL, AND ADMINISTRATIVE SUPPORT

REQUIREMENTS

Support for users of the dataset shall be provided throughout the course of the contract.

The contractor shall provide a single point of contact for technical and administrative questions (e.g. relating to the transfer of data). The contractor shall provide a single point of contact for analytical questions (e.g. relating to the representativeness of a segment of loans). This point of contact may be the same as the technical point of contact provided that that person is qualified to handle both types of issues. The contractor shall provide, at a minimum, a response time of two business days or less.

7.0 PERIOD OF PERFORMANCE.

CLIN Period of Performance

CLIN 0001 Date of Award through 12 Months Thereafter

CLIN 0002 Date of Option Exercise through 12 Months Thereafter

CLIN 0003 Date of Option Exercise through 12 Months Thereafter

CLIN 0004 Date of Option Exercise through 12 Months Thereafter

CLIN 0005 Date of Option Exercise through 12 Months Thereafter

8.0 PLACE OF PERFORMANCE

The work shall be performed at the Contractor’s facilities.

9.0 FAR 52.212- 1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

(JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 541511 – Custom Computer Programming Services PSC 7030 – Information Technology Software

(b) Submission of offers. Offerors must submit their proposal via email to catherine.palmer@cfpb.gov no later than 12:00 p.m. EST on 20 September 2017.

Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, proposals must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A description of the offeror’s ability to meet the minimum Government requirements identified in paragraph 3.0.

(5) Price in accordance with paragraph 1.0;

(6) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(7) Acknowledgment of Solicitation Amendments;

(8) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

(2) mailto:catherine.palmer@cfpb.gov

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Contract award. The Government intends to evaluate offers and award a contract on a Best Value basis, where Best Value is defined as the Lowest Priced Technically Acceptable Offer, and without discussions. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(f) Unique entity identifier. The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(g) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(h) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The overall evaluated price of the successful and debriefed offeror.

(2) A summary of rationale for award;

(3) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

10.0 FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

(a) LPTA Procedures: The Government intends to award a Firm Fixed Price contract to the responsible vendor whose proposal, while conforming to the solicitation, is most advantageous to the Government using Lowest Price Technically Acceptable (LPTA) source selection procedures. The determination of “most advantageous” will be based on the technically acceptable proposal that offers the lowest price among those proposals submitted, and offers a fair and reasonable price.

“Technical Acceptability” will be determined solely based on the vendor’s ability to satisfy all of the Government’s requirements. Proposals that do not meet all of the requirements specified in the RFP will not be considered for award.

Under these LPTA procedures, the Offeror with the lowest Total Evaluated Price will be evaluated to determine technical acceptability. If that Offeror is determined technically acceptable, it will receive award. If that Offeror is found technically unacceptable, it will be removed from further consideration and the next lowest priced offeror will be evaluated for technical acceptability.

This process will continue, as needed, to arrive at a technically acceptable offer. Only those proposals determined acceptable will be considered for award.

http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/

10.1 Technical - The Offeror shall provide a technical proposal:

detailing each of the RFP requirements (paragraph 3.0) and its approach to fulfilling the requirement sufficient to allow the CFPB to determine that its tool is capable of and will meet all of the requirements identified.

In addition, the Offeror shall provide paper copies of its reporting(s) that documents its ability to provide each of the calculations and meet each of the regulatory test requirements listed within paragraphs 3.1 and 3.2 above.

Finally, the Offeror shall affirmatively state that its proposal meets each of the requirements identified in paragraph 3.0 Scope.

Agency Evaluation (including Offeror Demonstration):

For the Offeror with the lowest Total Evaluated Price to be considered technically acceptable, the Offeror’s proposal must demonstrate that its tool is capable of and will meet all of the requirements specified in 3.0 of the solicitation; must include paper copies of reporting that documents its ability to provide each of the calculations and meet each of the regulatory test requirements listed within paragraphs 3.1 and 3.2; and must include an affirmative statement from the offeror that its proposal meets each of the requirements identified within para 3.0.

CFPB will evaluate the Offeror’s technical proposal to initially determine technical acceptability. If the initial determination is that the Offeror appears to be technically acceptable, the Offeror shall be requested to provide a live web-based demonstration of its mortgage analysis tool including the system’s functionality and reporting capabilities, including demonstrating that it meets the specified calculations and regulatory test requirements identified in paragraphs 3.1 and 3.2. CFPB will make a final determination of technical acceptability based upon the Offeror meeting these requirements in its demonstration.

10.2 Price - To be considered for award, the Offeror must provide completed Pricing Tables in accordance with paragraph 1.0 of this solicitation. The lowest priced offeror will be determined based upon the Total Evaluated Price as provided in the completed Pricing Table at 1.0. The Total Evaluated Price, consisting of the total proposed in the base and each option year, will be evaluated for reasonableness.

(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.

11.0 REQUEST FOR PROPOSAL QUESTIONS

Any questions concerning this RFP must be emailed to the Contracting Officer at catherine.palmer@cfpb.gov. Questions must be received by 12:00 p.m. local Washington, D.C. time on 6 September 2017. The Government will respond in writing to questions submitted by this date. The response will include answers to the questions and/or RFP amendments, as necessary. The Government will not respond to questions initiated over the telephone, or in any other format except as directed herein and may not respond to written questions received after the due date. The following format must be used.

Q# QUESTION REFERENCE PAGE

12.0 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --

COMMERCIAL ITEMS (JAN 2017)

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

13.0 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL

ITEMS (JAN 2017)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

mailto:cat http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1626_230606

(4) 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 (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 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

__ _ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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 (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]

___ (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 (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (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).

___ (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)).

___ (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).

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

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

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (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 (Feb 2016) (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (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.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (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.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (51) 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).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

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

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

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

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

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 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 (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 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.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(x) 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.

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

(xii) (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).

(xiii) 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.)

(xiv) 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)

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 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.

(xxiii) 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.

14.0 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 365 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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.

15.0 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 address:

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

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN

2017)

FAR 52.232-1 PAYMENTS (APR 1984)

FAR 52.246-4 INSPECTION – INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

16.0 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.

(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.

16.1 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.

16.2 OVERPAYMENTS

16.2.1 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.

16.2.2 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.

17.0 AUTHORITY - CONTRACTING OFFICER, CONTRACTING OFFICER’S

REPRESENTATIVE

17.1 Contracting Officer

a. The Contracting Officer for this contract is:

M. Catherine Palmer Office of Procurement Consumer Financial Protection Bureau 1700 G Street, NW, Suite 655-D Washington, DC 20552 Phone Number: (202) 435-7447 Email Address: catherine.palmer@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 https://www.ipp.gov/ mailto:catherine.palmer@cfpb.gov will be made in the contract price to cover any increase in cost incurred as a result thereof.

17.2 Contracting Officer's Representative (COR) Designation and

Authority

a. The COR for this contract is:

TBD

Consumer Financial Protection Bureau 1700 G Street, NW, Suite 471-E Washington, DC 20552

Email Address: @cfpb.gov Phone Number: 202-435-

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 RFQ are accomplished satisfactorily.

c. Technical direction must be within the scope of the SOO. 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 pricing, or the time required for performance;

4. Changes any of the terms, conditions, or SOO 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 may confirm oral direction in writing, with a copy to the Contracting Officer.

e. The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in (c), above, the Contractor shall immediately notify the

Contracting Officer.

f. Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of Federal Acquisition Regulation (FAR) Clause 52.212-4(d), “Disputes.”

17.3 Contractor Contract Manager

a. The contractor's designated Contract Manager for this contract is:

Name: ________________________________

Office No: ___________________ Fax No: ________________

E-Mail Address: ____________________________________________

b. The contractor shall provide a Contract Manager for this contract who shall have the authority to make any no-cost technical, hiring and dismissal decisions for the contractor regarding this contract-. The Contract Manager shall be responsible for the overall management and coordination of this contractand shall act as the central point of contact with the Government.