19Q0041SF18_8819.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

1. REQUEST NO.

05GA0A19Q0041

2. DATE ISSUED

08/08/2019

3. REQUISITION/PURCHASE REQUEST NO.

GAO1905100003

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

VASS-LASSITER, CYNTHIA J

ACQUISITION MANAGEMENT

441 G STREET, N.W.

ROOM 7N14U

ATTENTION:

WASHINGTON, DC 20548

5a. ISSUED BY 6. DELIVER BY (date) 09/06/2019

7. DELIVERY

OTHER

(See Schedule)X FOB DESTINATION

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

a. NAME OF CONSIGNEE

US GOVERNMENT ACCOUNTABILITY OFFICE

NAME

VASS-LASSITER, CYNTHIA J

TELEPHONE NUMBER

AREA CODE

NUMBER

512-8783 Ext.:

8. TO:

INFRASTRUCTURE OPERATIONS

441 G STREET, N.W

b. STREET ADDRESS

c. CITY

WASHINGTON

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE

DC

e. ZIP CODE 20548

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

09/06/2019 17:00:00

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Annual access to real estate database with purpose of obtaining ownership data of GAO commercial space field offices. Pricing for 3 users for 1 base year and 4 option years.

Period of Performance will/shall be:

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations [ X ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

1 : :

1 : :

Document Number: 05GA0A19Q0041 Page 1 of 13

Table of Contents

Section Description Page Number

A Solicitation/Contract Form A Solicitation/contract form

B Supplies or Services and Prices/Costs B Supplies or services and prices/cost

D Packaging and Marking C Description/specifications/statement of work

F Deliveries or Performance F Deliveries or performance

G Contract Administration Data G Contract administration data

I Contract Clauses 52.213-2 Invoices (Apr 1984) 52.213-3 Notice to Suppliers (Apr 1984) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) GAO Security Clause GAO Security

Document Number: 05GA0A19Q0041 Page 2 of 13

Section A - Solicitation/Contract Form

A Solicitation/contract form

Continuation of SF 18

Request for Quote: 05GA0A19Q0041 Issued by: US Government Accountability Office

441 G Street, NW Washington, DC 20548

US Government Accountability Office, Office of Infrastructure Operations has an immediate

See Continuation of SF 18 RFQ with Statement of Work.

Basis for Award: The Government will award a single Purchase Order from this request for quote to the responsible Offeror whose offer conforming to the RFQ will be most advantageous to the Government based on LPTA. See Scope of Work and Evaluation Cri-teria specified in this Request for Quote. The Government intends to establish 1(one) firm fixed-price Purchase Order. The Contract-or’s Firm-Fixed Price shall include overhead (e.g., health insurance), G&A, and profit. That will be made in accordance with FAR Subpart 8.4 Federal Supply Schedules to the maximum extent possible.

Description of Purchase Order. “Purchase order,” when issued by the Government, means an offer by the Government to buy sup-plies or services, including construction and research and development, upon specified terms and conditions, using simplified acquisi-tion procedures.

Period of Performance: Award through September 2024 ( 1 Base year with 4 One Year Options)

The procurement is being conducted under FAR Part 13 Purchase orders. 13.302-1 General.

Best value is defined as based on the Lowest Price Technical Acceptable outcome of an acquisition that, in the Government's estima-tion, provides the greatest overall benefit in response to the requirement, in accordance with FAR 2.101.

The work shall be performed on a Firm-Fixed Price basis. The Contractor’s shall include overhead (e.g., health insurance), G&A, and profit. Provide a break out of the firm-fixed price by: identifying labor category, labor rate, level of effort and mix of labor.

This Request for Quote incorporated provision and clauses are those in effect from the Federal Acquisition Regulations FAC-2019-03, Effective: 12 JUL 2019.

Instructions to Offerors

(a) Submission of offers. Submit signed and dated, at or before the exact time specified in this Request for Quote.

As a minimum, offers must show—

(1) The request for quote number;

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

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

(4) Acknowledgment of Request for Quote Amendments;

(5) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the request for quote.

(6) In the complete Quote, Offerors shall complete fillin pricing on SF18. Quotations must be signed by an official who is authorized to bind the organization. Oral quotations will not be accepted.

(7) Acknowledgment of Request for Quote Amendments;

(8) All Pricing shall be submitted on a excel spreadsheet, for each CLIN or item number, along with the unit of issue, unit price, with a total for each CLIN or item number, with a total for Base year and Option Years. The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the request

Document Number: 05GA0A19Q0041 Page 3 of 13 for quote.

ALL PRICE QUOTES MUST BE SUBMITTED: washingtona@gao.govBEFORE THE CLOSING DEADLINE.

Closing Date and Time: Request for Quotes closes at 3:00 pm Eastern Standard Time (Washington, D.C. Time) on 6 September 2019.

All responsible sources may submit an offer that will be considered by the Agency.

Questions must be submitted in writing and only via email to Adrienne R. Washington at washingtona@gao.gov. Written questions must be submitted before 09:00 a.m. Eastern Standard Time (Washington, D.C. Time) 15 August 2019.

Evaluation Factors for Award:

This acquisition shall be conducted using the policies and procedures in the Federal Acquisition Regulation (FAR) Part 13. The Con-tracting Officer (CO) shall select an offeror’s for award using the lowest price technically acceptable analysis. An offeror’s quote must provide prices for all CLIN(s).

The Government intends to evaluate quotes and award a Firm-Fixed Price Purchase Order without discussions with offeror. Therefore, the offeror’s initial quote should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Award will be made with an offeror on the bases of the Lowest Price Technical Acceptability. The Government may award without discussions.

Lowest price technically acceptable: The selection process will yield selection of the lowest price technically acceptable offeror. The Government will evaluate the quote price of the base period and all option periods to determine that the price is fair and reasonable and that the contractor has an understanding of the requirement in response Statement of Work, Factors, and sub-factors.

Award will be made on the basis of the lowest evaluated price quote. Quotes are evaluated for acceptability but not ranked. The total evaluated price will consist of the sum of all CLINs.

The Government intends to make a single award as a result of this RFQ. The Government reserves the right to make no award.

The Government will award a Firm-Fixed-Price, Purchase Order, resulting from this RFQ to the responsible offeror whose offer con-forming to the RFQ will be most advantageous to the Government, based on : Lowest Price Technically Acceptable(LPTA)

Price, and technical capability, that meets the specification/description of the Scope of Work (SOW), and CLIN(s).

Evaluation Factors for Award:

Factors 1. Price

Factors 2. Technical Factors

To be found technically acceptable, the Vendor must demonstrate acceptable procedures for all of the following:

Technical will be evaluated with respect to:

Technical, that meets the description of the Scope of Work (SOW), and CLIN(s).

TECHNICAL RATING:

ACCEPTABLE: Submittal clearly meets the minimum requirements of the request for quote.

UNACCEPTABLE: Submittal does not clearly meet the minimum requirements of the request for quote .

Section B - Supplies or Services and Prices/Costs

GAO1904090002 ARW 041019

1 : :

Document Number: 05GA0A19Q0041 Page 4 of 13

WashingtonA Highlight

WashingtonA Highlight

WashingtonA Highlight

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

1 Service 1.000000 LOT

Period of Performance: 09/16/2019 - 09/15/2020

Description: Annual access to real estate database with purpose of obtaining ownership data of GAO commercial space field offices. 3 users for base year.

Reference Line: GAO1905100003 - 0001

101 Service 1.000000 LOT

Period of Performance: 09/16/2020 - 09/15/2021

Description: Annual access to real estate database with purpose of obtaining ownership data of GAO commercial space field offices.

Pricing for 3 users for option year 1 .

Reference Line: GAO1905100003 - 0002

201 Service 0.000000 LOT

Period of Performance: 09/16/2021 - 09/15/2022

Description: Annual access to real estate database with purpose of obtaining ownership data of GAO commercial space field offices.

Pricing for 3 users for option year 2 .

Reference Line: GAO1905100003 - 0003

301 Service 0.000000 LOT

Period of Performance: 09/16/2022 - 09/15/2023

Description: Annual access to real estate database with purpose of obtaining ownership data of GAO commercial space field offices.

Pricing for 3 users for option year 3 .

Reference Line: GAO1905100003 - 0004

401 Service 0.000000 LOT

Period of Performance: 09/16/2023 - 09/15/2024

Description: Annual access to real estate database with purpose of obtaining ownership data of GAO commercial space field offices.

Pricing for 3 users for option year 4 .

Reference Line: GAO1905100003 - 0005

GAO1904090002 ARW 041019

B Supplies or services and prices/cost

Supplies or services and prices/cost

1. CLIN(s) for services and price fill-ins, on SF18.

2. Pricing is to be provided on a excel spreadsheet: with description/specification, unit of isse/qty, pricing per item/service with sub-total, and total.

Section D - Packaging and Marking

C Description/specifications/statement of work

Description/specifications/statement of work

Document Number: 05GA0A19Q0041 Page 5 of 13

Real Estate Database Scope of Work

Background The federal government increasingly leases facilities from private sector landlords, including space occupied by sensitive government operations and law enforcement agencies. The ownership structures of the private com-panies owning these buildings can be complex and may include foreign entities. For example, the Office of the Director of National Intelligence leases space in Reston, VA, from a Korean-owned company. It is unclear what oversight exists of foreign ownership and what rights these owners have related to their federal tenants. GSA is responsible for leasing space for most of the federal government.

GAO has 11 field offices, 7 of which are in commercial office space: Los Angeles, Chicago, Huntsville, Nor-folk, Atlanta, Seattle, and Dallas. While GAO has made an executive decision to move in to Federal space where available, GAO will continue to be in commercial space for several years. Given the increased risk of be-ing in commercial space with foreign ownership and the potentially complex ownership structures, GAO will need to monitor the ownership of the field offices that are in commercial space.

Statement of Task In order to monitor the ownership of field offices in commercial space, IO requires access to authoritative in-formation on true property owners and their country of origin. A commercial real estate property database is a means to accomplish this task. The database needs to be searchable by address nationwide and provide informa-tion on the buildings’ true owners. In addition, the database needs to describe where the true owners are located, so that GAO can ascertain if the ownership is American or foreign owned. The database should provide owner-ship data for all 7 of GAO’s field offices that are in commercial space.

GAO would need access to this database on an annual basis to verify the ownership of the field offices, includ-ing accessing the database at regular intervals such as quarterly. Multiple users would need to be able to access this database including staff in Infrastructure Operations and Field Operations. In addition, if any field office moves from its existing commercial office space to new commercial space, GAO would need to access the data-base to determine the true ownership of space under consideration.

Period of Performance Award – September 2024

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 09/16/2019 09/15/2020

101 09/16/2020 09/15/2021

201 09/16/2021 09/15/2022

301 09/16/2022 09/15/2023

401 09/16/2023 09/15/2024

F Deliveries or performance

Deliveries or performance

The full performance of this Purchase Order estimated to start on Date of Award through September 2024 for the period of performance.

Deliverables and Reporting Clin(s) 1- 5 in accordance with the Scope of Work Place of Performance The GAO Headquarters, located at 441 G Street NW, Washington, D.C.

Period of Performance

The term of this purchase order shall be from______________through _____(base period) with the option to extend the contract for four(4) additional 1-year period at price listed on CLIN(s).

Document Number: 05GA0A19Q0041 Page 6 of 13

Contract Clause 52.232-19, Availability of Funds for the next Fiscal year (APR 1984) and 52.217-9 Option to extend the Term of the Contract (Mar 2000). The total duration of this purchase order shall not exceed four (4) years.

The Purchase Order shall be reviewed at least once a year to determine whether it represents the best value for the government.

Option Year 1 from 16 September 2019 through 15 September 2020 Option Year 2 from 16 September 2020 through 15 September 2021 Option Year 3 from 16 September 2021 through 15 September 2022 Option Year 4 from 16 September 2023 through 15 September 2024

Section G - Contract Administration Data

G Contract administration data

Contract administration data

If remittance address will be different then address on block 8 of SF18. Provide address on the below line(s)

Remittance Address:

Vendor(s) Contacts For the purposes of Purchase Order:

Vendor POC:

GAO Contacts For the purposes of monitoring and technical direction, the GAO point of contact for this Task Order is:

COR: Ion Ghe#ie-Rotaru

U.S. Government Accountability Office Infrastructure Operations 441 G Street, NW Room 1127B Washington, DC 20548 Ion Ghe#ie-Rotaru Office: +1.202.512.9615 Cell: +1.202.302.2981 ghetierotarui@gao.gov

Contract Specialist Adrienne R. Washington U.S. Government Accountability Office 441 G Street NW., Room 7116#2 Washington, DC 20548 Phone: 202 512 - 7460 E-mail: Washingtona@gao.gov

Document Number: 05GA0A19Q0041 Page 7 of 13

Contracting Officer Cynthia Vass-Lassiter U.S. Government Accountability office Acquisition Management 441 G Street NW, Room 7116L Washington, DC 20548 Phone: (202)-512- 8783 E-mail: VassLassiterC@gao.gov

Section I - Contract Clauses

52.213-2 Invoices (Apr 1984)

The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state-

(a) The starting and ending dates of the subscription delivery; and

(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.

(End of clause)

52.213-3 Notice to Suppliers (Apr 1984)

This is a firm order ONLY if your price does not exceed the maximum line item or total price in the Schedule. Submit invoices to the Contracting Officer. If you cannot perform in exact accordance with this order, Withhold Performance, and notify the Contracting Of-ficer immediately, giving your quotation.

(End of clause)

52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree-ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) [Reserved].

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(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con-tract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

Document Number: 05GA0A19Q0041 Page 9 of 13

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requir-ing the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

GAO Security Clause GAO Security

GAO LOCAL CLAUSES

1. GAO SECURITY CLAUSE

The security policies, procedures and requirements stipulated in the National Industrial Security Program (NISP); National Industrial Security Program Operating Manual (NISPOM); and any supplementals thereto are applicable. Also applicable are the Federal Acquisitions Regulation (FAR), and the GAO Order 0910.1, GAO Security Program, and supplemental GAO security directives.

References to the terms contract, contractor, and Contracting Officer’s Representative (COR), should be substi-tuted with company, sponsor, and GAO Point of Contact (POC), or other terms as appropriate to the type of agreement.

· CITIZENSHIP

1. All employees on the contract who require access to information, property, or other assets or resources un-der the authority or control of GAO must either be U.S. citizens or have lawful U.S. permanent resident status.

2. It is the responsibility of the contractor to ensure that all employees on the contract meet the citizenship re-quirements and that proof of U.S. citizenship, permanent resident status, or employment authorization is provided to GAO’s office of Security and Emergency Management (SEM) upon request.

· SECURITY SCREENING

1. All contract employees who require access to information, property, or other assets or resources under the authority or control of GAO (including classified or sensitive information) are subject to security screening, as appropriate, to support their work on a GAO contract. A background investigation com-mensurate with the level of the responsibilities and duties (referred to as position sensitivity level) is re-quired for each contract employee assigned to the contract.

2.

For national security positions, the contractor will validate the security clearance of each contract em-ployees whose position requires access to national security information.

1. For positions of public trust, SEM will adjudicate a contract employee’s investigation, as appropriate to the employee’s designated position sensitivity, for work on the contract and for access to information, property, or other assets or resources under the authority or control of GAO.

1. Security screening for building access alone does not grant a security clearance for access to classified information.

· DETERMINING POSITION SENSITIVITY

The Contracting Officer’s Representative (COR), in consultation with the Project Manager, will determine the position sensitivity for all personnel assigned to the contract, and will identify such to SEM. GAO’s Director of Security and Emergency Management will determine the type of investigation for each contract employee based upon the sensitivity level identified for his or her position. The following criteria will be used for determining position sensitivity.

a. National Security Position: A position that requires a security clearance to permit access to classified in-formation which includes:

1) information that has been specifically authorized under criteria established by an Executive Order (E.O.) or an act of Congress to be kept classified in the interest of national defense or foreign policy, including information classified under the terms of E.O. 12958.

2) access to a classified facility, which is any facility that requires a security clearance for admittance.

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3) access to national security system.

b. Public Trust Positions and ADP-I, II, and III Positions: A position, other than a national security position, in which an individual’s action or inaction could diminish public confidence in, or otherwise have an adverse im-pact on the integrity, efficiency, or effectiveness of GAO or other government activities, whether or not actual damage occurs. Public trust positions shall be designated as high risk, moderate risk or low risk (for building ac-cess only).

1. A High Risk Public Trust Position is a position whose occupant:

1. has final signature authority for GAO products or other documents that articulate official agency policies, positions, findings, or commitments;

2. has final signature authority for contracts of individual non-cumulative amounts of $25,000 or more, or who obligates, controls, or expends individual, non- cumulative amounts of $25,000 or more on behalf of GAO;

3. has duties that involve accounting, disbursing, or authorizing disbursement of funds;

4. is assigned to a staff or administrative office (i.e., Office of the Comptroller General (CG); Office of the Chief Administrative Officer (CAO); Congressional Relations (CR); Human Capital Office (HCO); Public Affairs (PA); Office of the Inspector General (OIG); or the Forensic Audits and Investigative Services (FAIS) team), and who performs work that is generally not reviewed by higher authority;

5. designs or manages GAO’s major information technology resources, and whose work is not regu-larly reviewed by higher authority;

6. has duties directly related to personnel security investigations or adjudications, or information se-curity;

7. occupies a position as an Automated Data Processor I (ADP I; further defined as those positions in which the incumbent is responsible for the planning, direction, and implementation of a computer security program; major responsibility for the direction, planning, and design of a computer system, including the hardware and software; or, can access a system during the operation and maintenance in such a way, and with relatively high risk for causing grave damage, or realize a significant per-sonal gain); or

1. is otherwise in a position with substantial responsibility for activities that have a significant po-tential for grave harm to the integrity, efficiency, or effectiveness of GAO or other government activities.

2. A Moderate Risk Public Trust Position is a position whose occupant

2. is an analyst, analyst-related specialist, or attorney;

3. is directly involved in the production of GAO products or external audiences;

4. has duties involving financial management, contracting, or other procurement related activities, or human capital or related activates (e.g., of the Office of Opportunity and Inclusiveness);

5. has duties involving access to sensitive data (i.e., proprietary, personal, or federal agency sensit-ive but unclassified (SBU) information) that GAO has legal or contractual obligations not to di-vulge;

6. has duties involving information technology management, planning, design, or maintenance;

7. occupies a position designated ADP II or III; or

8. is otherwise in a position that involves activities that have a reasonable potential for significant harm to the integrity, efficiency, or effectiveness of GAO or other government activities, but less than in a high risk public trust position.

3. A Low Risk Public Trust Position is a position that is not designated as either a high risk or moderate risk public trust position.

NOTE: All contract employees are processed for a minimum of a Low Risk Public Trust Posi-tion due to their access to the GAO Building.

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