05GA0A26Q0054 FE.pdf

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Construction Cost Data and Estimation Software Federal contract opportunity
Solicitation number
05GA0A26Q0054
Issued by
Government Accountability Office Acquisition Management

About this file

This is a Request for Quotation (RFQ) issued by the U.S. Government Accountability Office (GAO) for construction cost data and estimation software. The solicitation number is 05GA0A26Q0054, with a requisition number of GAO2605190004, issued on June 22, 2026. Quotations are due by July 22, 2026 at 10:00 AM Eastern Time and should be submitted to Contracting Officer Jazmine Flores (floresj@gao.gov) and Contract Specialist Traenesha L. Jones (jonest3@gao.gov). Written questions must be submitted by July 6, 2026 at 10:00 AM Eastern Time. The acquisition is unrestricted and classified under NAICS 513210 with a $47 million size standard.

The RFQ requires online subscription software providing construction cost data and estimation capabilities for building renovations, equivalent to or better than RSMeans Online software offered by The Gordian Group, Inc. The requirement includes multiple contract line items (CLINs) for a base year (July 31, 2026 – July 30, 2027) plus four one-year option periods extending through July 30, 2031. Three pricing tiers are offered: (0001/1001/2001/3001/4001) basic datasets covering commercial new construction, facilities, and residential construction; (0002/1002/2002/3002/4002) all datasets plus 44 renovation models; and (0003/1003/2003/3003/4003) AI-generated estimates and chat services. Award will be made using the Lowest Price Technically Acceptable (LPTA) evaluation method to a responsible vendor registered in SAM.gov. Vendors offering the brand name product must provide proof of authorized reseller status; vendors offering equal products must address salient characteristics including core estimating capabilities with 85,000–120,000 line items, 970+ U.S./Canadian locations, multiple estimating methods, MasterFormat and UniFormat organization, AI-enhanced search, estimate management with role-based permissions, reporting capabilities, customization features, quarterly cost element updates, cloud-based delivery with 99.5% uptime, FISMA Moderate compliance, and multi-factor authentication. Quotations must be held firm for 120 calendar days. Payment will be made through the Treasury's Invoice Processing Platform (IPP). The contract is a firm fixed-price commercial item acquisition subject to FAR clauses 52.212-1, 52.212-4, 52.212-5, and includes standard federal contract provisions regarding security, confidentiality, disputes resolution, and compliance with various executive orders and statutes.

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Document Number: 05GA0A26Q0054 Page 1 of 22

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 1. REQUISITION NUMBER

GAO2605190004

PAGE 1 OF

5. SOLICITATION NUMBER

05GA0A26Q0054

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/22/2026

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

FLORES, JAZMINE A

b. TELEPHONE NUMBER (No collect calls) 202-512-6193

8. OFFER DUE DATE / LOCAL

TIME

07/22/2026

10:00 ET

CODE 05GA0A

FLORES, JAZMINE A

ACQUISITION MANAGEMENT

441 G STREET, N.W.

ROOM 7N14U

ATTENTION:

WASHINGTON, DC 20548

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISALBED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS): 513210

SIZE STANDARD: $47 Million

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS BLOCK IS

MARKED

0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR

QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 05GA0A16. ADMINISTERED BY

FLORES, JAZMINE A

ACQUISITION MANAGEMENT

441 G STREET, N.W.

ROOM 7N14U

ATTENTION:

WASHINGTON, DC 20548

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

OFFER X SEE ADDENDUM

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

CHECKED

19. ITEM NUMBER 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

The purpose of this RFQ is to acquire software that provides construction cost data and estimation capabilities for building renovations. Per FAR

52.211-6, this software should be equal to or better than the Brand

Name RSMeans Online software offered by The Gordian Group, Inc.

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Jazmine Flores

Contracting Officer

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

XX

See Block 31c.

Document Number: 05GA0A26Q0054 Page 2 of 22

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

Document Number: 05GA0A26Q0054 Page 3 of 22

Table of Contents

Section Description Page Number

1 Continuation Sheet

1.1 Submission of Quotations

1.2 Government Primary Roles and Responsibilities

2 Contract Clauses 3 Documents, Exhibits, or Attachments 4 Solicitation Provisions

4.1 Instructions to Vendors

4.2 Evaluation Criteria

4.3 Basis of Award

Document Number: 05GA0A26Q0054 Page 4 of 22

Section 1 - Continuation Sheet

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

0001 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2026 - 07/30/2027

Description: Online subscription to datasets in searchable MasterFormat or Uniformat:

Commercial New Construction (11 datasets) - Covers building new construction, commercial renovation, concrete and masonry, electrical, green building, heavy construction, interior construction, mechanical, plumbing and site work and landscape unit costs as well as assembly and square foot specific datasets.

Facilities (4 datasets) - Encompasses construction, maintenance and repair, general maintenance and preventive maintenance with editable schedules.

Residential Construction (1 dataset) - Provides comprehensive cost data for residential construction tasks

Reference Line: GAO2605190004 - 0001

Pricing Options:

Indicator: Base

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

0002 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2026 - 07/30/2027

Description: All data sets in the data library above plus 44 renovation models

Reference Line: GAO2605190004 - 0002

Pricing Options:

Indicator: Base

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

0003 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2026 - 07/30/2027

Description: 50 AI generated estimates per month and unlimited chat conversations per month

Reference Line: GAO2605190004 - 0003

Pricing Options:

Indicator: Base

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

1001 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Document Number: 05GA0A26Q0054 Page 5 of 22

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

Period of Performance: 07/31/2027 - 07/30/2028

Description: Online subscription to datasets in searchable MasterFormat or Uniformat:

Commercial New Construction (11 datasets) - Covers building new construction, commercial renovation, concrete and masonry, electrical, green building, heavy construction, interior construction, mechanical, plumbing and site work and landscape unit costs as well as assembly and square foot specific datasets.

Facilities (4 datasets) - Encompasses construction, maintenance and repair, general maintenance and preventive maintenance with editable schedules.

Residential Construction (1 dataset) - Provides comprehensive cost data for residential construction tasks

Reference Line: GAO2605190004 - 0101

Pricing Options:

Option Period: 1

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

1002 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2027 - 07/30/2028

Description: All data sets in the data library above plus 44 renovation models

Reference Line: GAO2605190004 - 0102

Pricing Options:

Option Period: 1

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

1003 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2027 - 07/30/2028

Description: 50 AI generated estimates per month and unlimited chat conversations per month

Reference Line: GAO2605190004 - 0103

Pricing Options:

Option Period: 1

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

2001 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2028 - 07/30/2029

Description: Online subscription to datasets in searchable MasterFormat or Uniformat:

Commercial New Construction (11 datasets) - Covers building new construction, commercial renovation, concrete and masonry, electrical, green building, heavy construction, interior construction, mechanical, plumbing and site work and landscape unit costs as well as assembly and square foot specific datasets.

Facilities (4 datasets) - Encompasses construction, maintenance and repair, general maintenance and preventive maintenance with editable schedules.

Residential Construction (1 dataset) - Provides comprehensive cost data for residential construction tasks

Document Number: 05GA0A26Q0054 Page 6 of 22

Reference Line: GAO2605190004 - 0201

Pricing Options:

Option Period: 2

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

2002 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2028 - 07/30/2029

Description: All data sets in the data library above plus 44 renovation models

Reference Line: GAO2605190004 - 0202

Pricing Options:

Option Period: 2

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

2003 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2028 - 07/30/2029

Description: 50 AI generated estimates per month and unlimited chat conversations per month

Reference Line: GAO2605190004 - 0203

Pricing Options:

Option Period: 2

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

3001 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2029 - 07/30/2030

Description: Online subscription to datasets in searchable MasterFormat or Uniformat:

Commercial New Construction (11 datasets) - Covers building new construction, commercial renovation, concrete and masonry, electrical, green building, heavy construction, interior construction, mechanical, plumbing and site work and landscape unit costs as well as assembly and square foot specific datasets.

Facilities (4 datasets) - Encompasses construction, maintenance and repair, general maintenance and preventive maintenance with editable schedules.

Residential Construction (1 dataset) - Provides comprehensive cost data for residential construction tasks

Reference Line: GAO2605190004 - 0301

Pricing Options:

Option Period: 3

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

3002 Service

Firm Fixed Price

1.000000 YEAR

Document Number: 05GA0A26Q0054 Page 7 of 22

PSC: 7G21

Period of Performance: 07/31/2029 - 07/30/2030

Description: All data sets in the data library above plus 44 renovation models

Reference Line: GAO2605190004 - 0302

Pricing Options:

Option Period: 3

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

3003 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2029 - 07/30/2030

Description: 50 AI generated estimates per month and unlimited chat conversations per month

Reference Line: GAO2605190004 - 0303

Pricing Options:

Option Period: 3

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

4001 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2030 - 07/30/2031

Description: Online subscription to datasets in searchable MasterFormat or Uniformat:

Commercial New Construction (11 datasets) - Covers building new construction, commercial renovation, concrete and masonry, electrical, green building, heavy construction, interior construction, mechanical, plumbing and site work and landscape unit costs as well as assembly and square foot specific datasets.

Facilities (4 datasets) - Encompasses construction, maintenance and repair, general maintenance and preventive maintenance with editable schedules.

Residential Construction (1 dataset) - Provides comprehensive cost data for residential construction tasks

Reference Line: GAO2605190004 - 0401

Pricing Options:

Option Period: 4

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

4002 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2030 - 07/30/2031

Description: All data sets in the data library above plus 44 renovation models

Reference Line: GAO2605190004 - 0402

Pricing Options:

Option Period: 4

Document Number: 05GA0A26Q0054 Page 8 of 22

4003 Service

Firm Fixed Price

PSC: 7G21

1.000000 YEAR

Period of Performance: 07/31/2030 - 07/30/2031

Description: 50 AI generated estimates per month and unlimited chat conversations per month

Reference Line: GAO2605190004 - 0403

Pricing Options:

Option Period: 4

1.1 Submission of Quotations

Basis for Award: This is a combined synopsis/solicitation. The Government will award a contract from this Request for Quotation (RFQ) to the responsible vendor whose quotation conforming to the RFQ will be most advantageous to the Government based on the Lowest Price Technically Acceptable (LPTA) evaluation method. The applicable NAICS for this contract is 513210.

Submit signed and dated quotations, at or before the exact time specified in this RFQ.

All Vendors who submit quotations must be registered in SAM.gov, to be considered for award.

Questions must be submitted in writing and only via email to Jazmine Flores at floresj@gao.gov and Traenesha L. Jones at jonest3@gao.gov. Written questions must be submitted no later than July 6, 2026 at 10:00AM Eastern Time.

All quotations should be submitted to Jazmine Flores at floresj@gao.gov and Traenesha L. Jones at jonest3@gao.gov. The date and time for receipt of quotations is no later than July 22, 2026, at 10:00AM Eastern Time.

As a minimum, Vendors must show—

(1) The RFQ number;

(2) The time specified in the RFQ for receipt of quotations;

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

(4) Acknowledgment of RFQ Amendments;

(5) Period for acceptance of quotations.

The Vendor agrees to hold the prices in its quotation firm for 120 calendar days from the dates pecified for receipt of quotations, unless another time period is specified in an amendment to the RFQ.

1.2 Government Primary Roles and Responsibilities

Technical Contact and/or Contracting Officer's Representative (COR):

Not Specified U.S Government Accountability Office Information Systems and Technology Services 441 G. Street, N.W. Washington, DC 20548 Phone: Not Specified E-Mail: Not Specified

Contractual Contacts:

Jazmine Flores Contracting Officer U.S Government Accountability Office Acquisition Management: Procurement Operation 441 G Street, N.W. Washington, DC 20548 Phone: 202.512.6193 E-Mail: floresj@gao.gov

Document Number: 05GA0A26Q0054 Page 9 of 22

Traenesha L. Jones Contract Specialist U.S Government Accountability Office Acquisition Management: Procurement Operation 441 G Street, N.W. Washington, DC 20548 Phone: 202.512.4554 E-Mail: jonest3@gao.gov

Section 2 - Contract Clauses

2.1 GAO Contracting Officer Representative (COR)

A COR will be designated at time of award. The individual will act as the Contracting Officer's liaison with the contractor.

The COR will be authorized to:

(a) approve delivery, billing, payment procedures and formats for management reports0

(b) approve technical adjustments not involving a change in the scope, terms, or conditions of this contract;

(c) obtain progress reports; and

(d) perform inspection of service.

The COR does not have the authority to modify the contract or bind the Government in any way. The GAO Contracting Officer is the only individual authorized to amend or alter the term of the contract.

2.2 GAO Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (June 2017)

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing PlatformSystem(IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrolment instructions via email from the FederalReserve Bank (STLS.IPPHELPDESK@stls.frb.org) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov. This email address is being protected from spam bots. You need JavaScript enabled to view it, or phone 866-973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer within 10 business days of this communication. The new Payment Office Address for contractors that are unable to comply with IPP is given below:

Payment Mailing Address FMBO, Financial Management Government Accountability Office Room 7116E, 441 G Street NW Washington, DC 20548

2.3 GAO Security Clause

The security policies, procedures and requirements stipulated in the National Industrial Security Program (NISP); National IndustrialSecurity Program Operating Manual (NISPOM); and any supplemental 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 substituted with company, sponsor, and GAO Point of Contact (POC), or other terms as appropriate to the type of agreement.

Document Number: 05GA0A26Q0054 Page 10 of 22

CITIZENSHIP

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

a. It is the responsibility of the contractor to ensure that all employees on the contract meet the citizenship requirements 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 commensurate with the level of the responsibilities and duties (referred to as position sensitivity level) is required for each contract employee assigned to the contract.

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

3. For positions of public trust, SEM will adjudicate a contract employee’s investigation, as appropriate to the employee’sdesignated 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.

4. Security screening for building access alone does not grant a security clearance for access to classified information. The Vendor is responsible for the payment of background investigation screening.

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 information 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.

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 impact 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 access only).

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

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

b) 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;

c) has duties that involve accounting, disbursing, or authorizing disbursement of funds;

d) 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;

e) designs or manages GAO’s major information technology resources, and whose work is not regularly reviewed by higher authority;

f) has duties directly related to personnel security investigations or adjudications, or information security;

g) 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 personal gain); or

h) is otherwise in a position with substantial responsibility for activities that have a significant potential 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

i) is an analyst, analyst-related specialist, or attorney;

j) is directly involved in the production of GAO products or external audiences;

k) 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);

Document Number: 05GA0A26Q0054 Page 11 of 22

l) has duties involving access to sensitive data (i.e., proprietary, personal, or federal agency sensitive but unclassified (SBU) information) that GAO has legal or contractual obligations not to divulge;

m) has duties involving information technology management, planning, design, or maintenance;

n) occupies a position designated ADP II or III; or

o) 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 Position due to their access to the GAO Building.

2.4 GAO 52.235-73 Confidentiality of GAO Data (APR 1984)

The contractor assumes full responsibility for and guarantees the security of all documents, data, and other information supplied by GAO. No action taken by, or on behalf of, the contractor, or which the contractor could prevent, will be permitted if the effect is or could reasonably be foreseen to undermine GAO's ability to maintain the security of records created by GAO or which may be subject to the GAO Privacy Procedures.

The contractor will prevent any person other than the Contractor’s team members (or other persons for whom access is necessary for the completion of the contract) from seeing or having access to information in the possession or under the control of the contractor.

The contractor will prevent any person from disclosing the contents of description of documents or information to any person not authorized under this contract or by the GAO to have access to such documents or information. The contractor will prevent removal of any documents or information from the Contractor’s premises without authorization by appropriate GAO officials. Thecontractor shall execute a Non-Disclosure Agreement, if applicable.. The contractor agrees to include similar requirements in anysubcontracts which it may enter into regarding or supporting work under this contract and furnish the contracting officer one copy of each subcontractor employees’ non-disclosure agreement which must be signed by an authorized contractor administrator.

The contractor will report to the GAO Contracting Officer any breach of confidence by any person as soon as the breach is known. The contractor shall assure that all persons handling GAO confidential or sensitive materials has signed the GAO Non- DisclosureAgreement.

The contractor agrees that no contractor or subcontractor employee will be given access to GAO documents or other records unlessthat employee shall have first executed a Non-Disclosure Agreement. A Non-Disclosure Agreement, whether submitted prior to orafter the award of this contract, shall be binding with regard to information obtained at any time throughout the period of performanceof this contract. All Non-Disclosure Agreements are binding indefinitely unless released by a duly authorized official of the GAO. A contractor or subcontractor employee whose employment is continuous need not execute a new Agreement if the assignment to work related to this contract terminates but later resumes.

Any deviation from provisions of this clause which is attributable to the contractor or to persons allowed on the CONTRACTOR'S premises constitutes a material breach of confidentiality and may be sufficient ground for default. Further, the contractor agreesto save the Government harmless in the amount of any judgment against the United States resulting from such a breach. At the Comptroller General's option, the contractor shall assign all of his rights of action against any person to the United States. Disclosure in violation of the Privacy Procedures also may involve the imposition of criminal penalties. To the extent this contract provides for the operation, on behalf of the GAO, of a system of records to accomplish an agency function, it shall be subject to the requirements of any GAO Order or regulations pertaining to privacy procedures.

2.5 GAO 52.243-70 Notification of Changes

Definitions: "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer: "Contracting Officer's Representative (COR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the COR exercises such authority.

Notice: The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers constituting a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Contracting Officer in writing promptly, within 15 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state:

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1) The date, nature, and circumstances of the conduct regarded as a change;

2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

3) The identification of any documents and the substance of any oral communication involved in such conduct; and

4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose.

2.6 GAO 52.216-9002 Most Favored Customer Price (Jun 04) - Alternate 1 (Agency Specific)

The Offeror warrants and agrees that the prices charged under this Agreement will not exceed the prices charged by the contractor to its most favored customer for the same item or services in like or comparable quantities; and further agrees, that any payments received for charges made in excess of prices paid by such most favored customers will be returned to the Government.

2.7 GAO 52.233-70 Disputes—Legislative Branch Agency (APR 2008)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613), as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, 121 Stat. 1844 (2008).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(d)(2)(i) The Contractor shall provide the certification specified in paragraph (d) (2) (iii) of this clause when submitting any claim exceeding $50,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor."

(d)(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the Contractor appeals, within 90 days of receipt of a contracting officer’s decision, to the Government Accountability Office Contract Appeals Board, 441 G Street, N.W., Room 7182,Washington, D.C.

20548; Facsimile: 202-512-9749; E-Mail: CAB@gao.gov .

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment.

With regard to claims having defective certifications, as defined in FAR, 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

Alternate I. As prescribed in 33.215, the contracting officer does substitute the following paragraph (i) for paragraph (i) of the basic clause:(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

2.8 GAO 52.237-71 Technical Direction

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(a) The Contracting Officer's Representative will provide technical direction on contract performance. Technical direction includes:

(1) Direction to the Contractor which assists him in accomplishing the Statement of Work.

(2) Comments on and approval of reports or other deliverables.

(b) Technical direction must be within the contract Statement of Work. The Contracting Officer's Representative does not have the authority to issue technical direction which (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the "Changes" clause; (3) causes an increase or decrease in the estimated cost of the contract; (4) alters the period ofperformance; or (5) changes any of the other express terms or conditions of the contract.

(c) Technical direction will be issued in writing by the Contracting Officer's Representative or confirmed by him/her in writing within five (5) calendar days after verbal issuance.

2.9 FAR 52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

2.10 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2022)

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 products and commercial services:

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C.

4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

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__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 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 (Sep 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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).

__ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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 Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 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.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

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__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C.

3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) ( 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.

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