47QACB26R0004 RFQ R8 HVAC 091826.pdf

U.S. General Services Administration

GENERAL SERVICES ADMINISTRATION (GSA)

FEDERAL ACQUISITION SERVICE (FAS)

OFFICE OF CENTRALIZED ACQUISITION SERVICES (OCAS)

INTERANAL ACQUISITION SERVICE CENTER

REQUEST FOR QUOTATION (RFQ) No: 47QACB26R0004

FY26 Region 8 ROB RIC HVAC Support Services for

GSA OCIO - Office of Chief Information Officer (I)

Revolutionary FAR Overhaul (RFO) Part 12 - Acquisition of Commercial Products & Service Support for a Brand Name requirement

This Solicitation is issued to all active Small Businesses Authorized contractors for

Liebert products and services on the System for Award Management, SAM.gov

NAICS Code: 238220 - Plumbing, Heating, and Air- Conditioning Contractors

September 18, 2026

Questions Due By NLT 12:00 PM ET, Monday September 21, 2026 Quotations Due By NLT 3:00 PM ET, Tuesday September 22, 2026

Table of Contents

SECTION I 3

1.1 Letter to Interested Commercial Products & Services Providors Contractors on SAM.gov

SECTION II Solicitation Information 4

2.1 General 4

2.2 Quotation Content 6

2.3 Quotation Evaluation 6

SECTION III Statement of Work (SOW) 09

3.1 GENERAL: Attached Stament of Work (SOW) 10

SECTION IV Purchase Order Level Terms and Conditions 11

4.1 General 11

4.2 Purchas Order Level Clauses 13

4.3 Individuals Authorized to Commit the Government 13

4.4 Contracting Officer’s Representative (COR) 14

4.5 Funding and Payment 14

4.6 Contractor Performance Assessment Reporting System (CPARS) 16

4.7 Contractor Non-Disclosure Requirements and Organizational Conflict of Interest 16

4.8 Data Security and Privacy 17

4.9 Data Rights 17

4.10 Facilities Security 17

4.11 Copyright Notice 19

SECTION V Purchase Order Price Schedule 21

SECTION I

1.1 Letter to Interested small business contract Holders on SAM.gov

To Whom It May Concern:

The General Services Administration (GSA), GSA OCIO - Office of Chief Information Officer (I), has a request for the FY26 Region 8 ROB RIC HVAC Support Services. This acquisition is subject to the Revolutionary FAR Overhaul (RFO) Part 12 - Acquisition of Commercial Products for Brand Name requirement.

As such, this Request for Quotation (RFQ) is being issued to all capable Small Businesses on System for Award Management, SAM.gov. The RFQ summary is as follows:

(1) Statement of work (SOW)

(2) Contract Type: Firm-Fixed-Price

(3) Performance Period: 9/30/2026 to 9/29/2029

(4) Questions Due By NLT 12:00 PM ET, Monday September 21, 2026

(5) Quotations Due By NLT 3:00 PM ET, Tuesday September 22, 2026

All electronic quotation submissions shall only be made via email to the Contracting Officer (CO). Any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and shall not be considered for evaluation.

If you have any questions regarding this RFQ, please contact GSA points of contact listed below.

GSA Contracting Officer (Alternate POC):

Monica Golibart, Email: monica.golibart@gsa.gov, Tel.: (202) 258-2631

SECTION II Solicitation Information

2.1 General

The Government contemplates awarding one (1) single-award, Firm-fixed-Price Purchase Order against a capable contractor in accordance with Revolutionary FAR Overhaul (RFO) Part 12 - Acquisition of Commercial Products for Brand Name requirement, Liebert manufactured hardware maintenance & Support iaw RFO Subpart 6.103 Application for brand name, assuming the quotation has met, or exceeded, the Government’s requirements in the evaluation process for best value. It is expected that Vendors will submit Quotations in accordance with the procedures and requisite requirements identified in this Solicitation in accordance with the contractor’s commercial pricelist. This RFQ will be competed via as a 100% small business set-aside.

2.1.1 Type of Award

Firm Fixed – Price

2.1.2 Submission Information

Responses to this RFQ shall be submitted in electronic format via email to the CO, Monica Golibart at monica.golibart@gsa.gov. Quotations shall not be submitted to any other parties. Vendors are hereby notified that any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and not considered for evaluation.

Questions pertaining to this RFQ shall be submitted by NLT 10:00 AM ET, September 22, 2026, to the attention of GSA POCs identified in Section I above. Questions received after this cut-off date shall be addressed only at the discretion of the Contracting Officer.

2.1.3 Format

No paper (hard copy) quotations shall be accepted. All submitted electronic documents shall be in PDF and MS Excel format. Each page in the submitted documents shall fit on 8 ½” X 11” paper size, with all text single-spaced, using font size no less than 11 points. All text and graphics shall be legible. The Technical Quotation and Price Quotation for the purchase order shall be separate files. No pricing information shall be included in the Technical Quotation. Page limits are not inclusive of cover page and table of contents.

The following naming conventions for the quotation documents should be utilized:

47QACB26R0004 - Vendor Name - [Technical/Price] Quotation [DATE]

2.1.4 Minimum Requirements

Vendors responding to this RFQ shall meet the following minimum requirements. Quotations that fail to meet any one of these minimum requirements shall not be further evaluated and shall be deemed ineligible for award.

1. Submit complete quotation documentation in accordance with RFQ instructions;

2. The Government encourages forming Contractor Team Arrangements (CTAs) among SAM.gov contractors. If a CTA is utilized in the vendor’s quotation, each team lead and team members’ current and accurate SAM.gov pricing shall be identified. Note - Formulation of a CTA is optional.

3. Proposed prices shall be in accordance with the vendor’s commercial pricelist. The Government is seeking additional discounts off the vendor’s commercial pricelist.

4. Quotation shall be submitted by the Team Lead, if applicable; and,

5. Quotation shall identify the SAM.gov Unique Entity ID (UEI) Number for all team members (including Subcontractors) and each shall have current System for Award Management (SAM) registration as of the time of quotation submission.

6. Vendors shall be registered in the System for Award Management (SAM) with no active exclusions.

2.1.5 Assumptions

All assumptions shall be evaluated as part of the individual factor to which they apply. The Government reserves the right to reject any quotation that includes any assumption that may impact satisfying the Government’s requirements.

2.2 Quotation Content

Vendors are requested to provide a submission that is in accordance with the instructions in this RFQ by completing the Statement of Work (SOW) in section 3.0 or providing quotation in a similar format.

2.3 Quotation Evaluation—Commercial Products and Commercial Services

This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) source selection method to make awards without discussions. Awards will be made on the basis of the lowest evaluated price of vendor quotations meeting or exceeding the acceptability standards for non-price factors. Vendors should note that price is more important than technical/non-price factors.

The Government will evaluate the quotations based on the following evaluation factors, listed in the descending order of importance:

1. Price (current pricelists)

2. Technical Capability

2.3.1 Price Quotation Evaluation

The vendor shall provide detailed pricing for all CLINs on the price schedule template, and should also provide a summary of any assumptions and exclusions.

The price Quotation will be evaluated for consistency and understanding of the requirements set forth in this RFQ and Statement of Work (SOW).

GSA will confirm that the Quoted prices in the Quotation are accurate and consistent with the vendor’s current Statement of Work (SOW) contract terms and conditions. Quotations containing pricing information that are inaccurate, erroneous and/or inconsistent with the vendor’s Statement of Work (SOW) contract terms and conditions will be deemed ineligible for award and will not receive further consideration.

GSA is seeking additional, order-level discounts under this RFQ in addition to any discounts available at vendors’ order level.

All Open Market items must be clearly must be clearly marked as “open market” item(s).

2.3.1.1 Evaluation of the Price Quotation

The Government will evaluate the Quoted total price for the total period of performance of one

(1) year base and two (2) 1-year option periods. The Government will evaluate quoted price for each CLIN for accuracy, consistency with the prices according to the vendor's commercial pricelist and clearly demonstrate the vendor’s ability to fully meet the requirements as set forth in the RFQ and the SOW.

2.3.2 Technical/Non-Price Quotation Evaluation

The Government will review the vendor’s Quotation to determine the products offered meet the required specifications and features described in the Statement of Work (SOW). Quotations must demonstrate a clear understanding of the nature and scope of the work required. Failure to provide a responsive, reasonable, and complete Quotation may reflect a lack of understanding of the requirements and may result in a Quotation receiving no further evaluation and determined ineligible for award.

Evaluation Description

Acceptable Quotation sufficiently demonstrates the Vendor met all technical requirements described under the SOW. There were no weaknesses found in any areas of the response to the Technical Acceptability. The Vendor provided sufficient documentation to support the product and services are established under its current commercial pricelist.

Unacceptable Quotation demonstrates meeting some, but not all of the requirements described under the SOW. At least one deficiency noted. Products and services are not available under vendor’s current commercial pricelist.

Basis for Award:

The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The basis of award for this purchase order is Lowest Price Technically Acceptable (LPTA). Award of one (1) single-award Purchase Order will be made to the responsible vendor whose Quotation conforms to the requirements outlined in this RFQ and is determined to represent the best value to the Government in terms of proposed price and technical merit.

Evaluation of Options:

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

Notice of award:

The government will issue a written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer.

Communications:

The Government intends to award without communications. Vendors shall provide their best, complete Quotation upon initial submission. The Government reserves the right to hold communications if deemed necessary by the Contracting Officer.

Government-employee representatives from the requiring program office shall provide technical evaluation of all Quotations based on the Quotations/documentation provided. The evaluations will be based on the evaluation criteria set forth above.

SECTION III Statement of Work (SOW) Attached.

SECTION IV Purchase Order Level Terms and Conditions

4.1 General

The terms and conditions provided are incorporated in this requirement. All order of precedence issues shall be governed by the RFO 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023). Instructions to Offerors—Commercial Products and Commercial Services.

4.1.1 Period of Performance: As indicated in the Statement of Work (SOW) the Government desires services for a one (1)-year base and two (2)-year option period.

4.1.2 Purchase Order Award: Award of the resultant Purchase Order shall be made via a bilaterally signed SF1449. Award shall consist of mandatory firm fixed-price Contract Line Item Numbers (CLINs) for FY26 Region 8 ROB RIC HVAC Support Services.

4.2 Purchase Order Level Clauses

In addition to the clauses set forth therein, the following order level clauses are herein made a part of, and pertain to, any resultant contractual action for this Purchase Order.

4.2.1 Purchase Order Level Clauses Incorporated by Reference:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses.

(a) Federal Acquisition Regulation: https://www.acquisition.gov/far/

The following clauses are incorporated by reference, and made a part of the resultant purchase order:

Clause No Title Date

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards

NOV 2025

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

NOV 2025

52.240-90 Security Prohibition and Exclusions Representations and Certification

NOV 2025

52.240-91 Security Prohibition and Exclusions NOV 2025

52.219-8 Utilization of Small Business Concerns NOV 2025

52.219-6 Notice of Total Small Business Set-Aside NOV 2025

52.232-22 Limitation of Funds NOV 2025

52.237-3 Continuity of Services JAN 1991

52.217-7 Option for Increased Quantity-Separately Priced Line Item MAR 1989

52.217-8 Option to Extend Services (a) NOV 1999

52.204-7 System for Award Management NOV 2025

52.232-1 Payment APR 1984

52.232-8 Discounts for Prompt Payment FEB 2002

52.232-23 Assignment of Claims MAY 2014

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.212-2 Evaluation—Commercial Products and Commercial Services.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_212_

(a) Required provisions.

(1) 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, in solicitations for commercial products and commercial services.

(2) Provision at 52.212-2, Evaluation—Commercial Products and Commercial Services, when using the procedures in 12.201-2. This provision may also be used when using the simplified procedures at 12.201-1.

(3) Include the following Provisions, if applicable:

12.205 Contract Provisions

Clause No Clause Title Date

552.212-4 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

JAN 2017

552.212-71 52.204-7 System for Award Management. NOV 2024

552.212-72 52.204-7_Alternate I OC 2018

552.232-39 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts).

AUG 2024

52.209-12 Certification Regarding Tax Matters. OCT 2025

52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

MAY 2014

52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

MAY 2014

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

OCT 2025

52.223-4 Recovered Material Certification. MAY 2008

52.225-2 Buy American Certificate. OCT 2022

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification.

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran Representation and Certifications.

JUN 2020

52.229-11 Tax on Certain Foreign Procurement Notice and Representation. JUN 2020

12.205 Contract Clauses

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements.

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel. JAN 2011 52.204-13 System for Award Management Maintenance. OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters.

OCT 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. NOV 2015 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns.

OCT 2022

52.219-6 Notice of Total Small Business Set-Aside. NOV 2020 52.219-6_ Alternate I MAR 2020 52.219-33 Nonmanufacturer Rule. SEPT 2021 52.222-3 Convict Labor. JUN 2003 52.222-35 Equal Opportunity for Veterans. JUN 2020 52.222-35 Alternate I JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities. JUN 2020 52.222-36 Alternate I JUL 2014 52.222-37 Employment Reports on Veterans. JUN 2020 52.222-41 Service Contract Labor Standards. AUG 2018 52.222-42 Statement of Equivalent Rates for Federal Hires. MAY 2014 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts).

MAY 2018

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment.

MAY 2014

52.222-50 Combating Trafficking in Persons. MAY 2025 52.222-50 Alternate I MAR 2015 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

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements.

MAY2014

52.222-54 Employment Eligibility Verification. JAN 2025 52.222-62 Paid Sick Leave Under Executive Order 13706. JAN 2022 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

MAY 2024

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

MAY 2024

52.223-20 Aerosols. MAY 2024 52.223-21 Foams. MAY 2024 52.223-23 Sustainable Products and Services. MAY 2024 52.224-3 Privacy Training. JAN 2017 52.224-3 Alternate I JAN 2017 52.225-1 Buy American-Supplies OCT 2022 52.225-1 Alternate I OCT 2022 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. NOV 2023 52.225-3 Alternate II NOV 2025 52.225-3 Alternate III FEB 2024 52.225-3 Alternate IV OCT 2022 52.225-19 Contractor Personnel in a Designated Operational Area or

Supporting a Diplomatic or Consular Mission Outside the United States.

MAY 2020

52.225-26 Contractors Performing Private Security Functions Outside the United States.

OCT 2016

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

MAY 2024

52.229-12 Tax on Certain Foreign Procurements. FEB 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management.

OCT 2018

52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management.

JUL 2013

52.232-36 Payment by Third Party. MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

MAR 2023

52.233-3 Protest after Award. AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004 52.244-6 Subcontracts for Commercial Products and Commercial

Services.

OCT 2025

SECURITY CLAUSES INCORPORATED BY REFERENCE

Clause No Clause Title Date

52.224-1 Privacy Act Notification Apr 1984

52.224-2 Privacy Act Apr 1984

52.240-93 Basic Safeguarding of Covered Contractor Information System

NOV 2025

4.2.3 Purchase Order Level Clauses Incorporated in Full Text

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond the base year period of performance. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the base year period of performance, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

4.3 Individuals Authorized to Commit the Government

For purposes of the resultant Task Order, only the GSA OIA Contracting Officer, acting within the scope of their warrant authority, are empowered to execute contract actions, and any necessary modifications thereto.

The Contracting Officer is the only person authorized to approve any changes in the scope of work for this requirement. In the event the contractor affects any changes at the direction of any person other than the Contracting Officer, the changes shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase of expenses incurred as a result thereof.

The Primary Contracting Officer for the Task Order shall be as follows:

Monica Golibart, Email: monica.golibart@gsa.gov, Tel.: (202) 258-2631

4.4 Contracting Officer’s Representative (COR)

Any individual delegated as the Contracting Officer’s Representative (COR) under the resultant Task Order shall be limited to technical cognizance and performance oversight. The COR shall not at any time execute contract actions or modifications therein. The Contracting Officer shall issue a formal COR appointment letter, to be included with the resultant task order award package, and shall provide a copy to the Contractor. Responsibilities and limitations on authority specific to the resultant Task Order shall be identified within the appointment letter. Any changes to the COR or assigned duties therein shall be made in writing by the Contracting Officer.

The Contracting Officer's Representative (COR) and/or Program Manager shall assist in monitoring the contractor’s performance. The contractor’s performance shall be evaluated by the COR and Program Manager unless otherwise required.

The COR shall contact the Contracting Officer for any changes needed on the requirement. The Primary Contracting Officer’s Representative for the Task Order shall be as follows:

Teresa Halsell, Email: teresa.halsell@gsa.gov, Tel.: (202) 208-7440

4.5 Funding and Payment

Prompt Payment Requirements: Payments will be processed in accordance with FAR Clause 52.212-4(i) Payments as supplemented and deviated from in GSAM Clause 552.212-4.

INVOICES: The Contractor shall submit billings per deliverable in accordance with the Government’s requirements in the Statement of Work (SOW).

Submission of Original Invoices:

Invoices shall be submitted no later than fifteen calendar days following performance and/or delivery. The invoice must be accompanied by any applicable monthly status reports submitted during that period. The COR and CO shall receive a copy of the invoice and all supporting documentation. This can be done before, but no later than, the same time as invoice submission to the GSA Financial Operations and Disbursement Center.

Invoices are authorized for payment upon the Government’s receipt and acceptance of deliverables specified in the contract and the receipt of a valid invoice. Invoices, to be proper and payable, must include the following information:

1. Name and address of the Contractor, and

2. Invoice date and number, and

3. Contract/Order Number (as listed in Block 4 on Form SF1449) and Pegasys Document

Number (PDN) (GD followed by [PIID Number as listed in Block 4 on Form SF1449]), any Contract Line Item Numbers (CLINs), and the Program/Project Title FY26 Region 8 ROB RIC HVAC Support Services and

4. Description of the services/products provided including CLIN number and description, quantity, unit of measure, unit price and extended price of the item(s) delivered; period of service and/or dates that services were provided, etc., and;

5. Name and address of the contractor’s authorized representative to whom payment is to be sent, and;

6. Name, title, and phone number of the contractor’s PoC to be notified in the event of defective invoice; and

7. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice and ensure the SAM.gov profile for the contractor is complete including the payment remittance address and bank details.

The Contractor shall submit an original invoice for payment to GSA Financial Operations and Disbursement Center.

P.O. Box 419279 Kansas City, MO

Copies of invoices shall be emailed to the designated Contracting Officer Representative (COR) that will be appointed following award of this Task Order.

Copies of invoices shall be emailed to the designated Contract Specialist and Contracting Officer.

Please Note: Failure to send both copies could delay your payment.

When invoicing GSA, ensure all data listed in Items 1-7 above are present on the invoice. All invoices shall be submitted electronically. Password and electronic invoice access is obtained through GSA's Web Vendor website, VCSS, https://vcss.ocfo.gsa.gov.

For assistance with how to setup electronic invoicing or payment related information, please contact GSA Finance Customer Support (800) 676-3690 or kc-acctspayable.vcss@gsa.gov.

A copy of the invoice must be sent to the COR/Program Office POC, teresa.halsell@gsa.gov, Tel.: (202) 208-7440 for approval. A courtesy copy of the invoice must also be sent to the Contracting Officer, monica.golibart@gsa.gov for the official contract file.

FINAL INVOICE: The Contractor shall submit with a GSA Form 1142- Release of Claims with submission of the final invoice at the end of the period of performance. A copy of the form should be sent via email to the Contracting Officer and to the Contract Specialist and COR identified as the Government POCs in the SOW.

4.6 Contractor Performance Assessment Reporting System (CPARS)

GSA OIA shall prepare evaluations of contractor’s performance under the resultant Task Order. In addition to a final CPARS assessment, interim evaluations shall also be completed annually. The contractor shall designate an appropriate point of contact (including name, telephone number and email) for use in registration of the resultant task order in the CPARS system for use in completing performance assessments. Performance assessments will be routed to this individual through the CPARS portal for coordinating comments with the Contractor in accordance with FAR Section 42.1502. Any updates to the identified point of contract shall be made in writing to the Contracting Officer within five (5) business days to ensure timely update of the communication matrices housed within the CPARS portal.

4.7 Contractor Non-Disclosure Requirements and Organizational Conflict of Interest

a. Contractors may require access to program sensitive information or pre-decisional, sensitive information, and may be required to complete non-disclosure forms. The forms will restrict any use of inside information as procurement sensitive. Non-disclosure forms will be kept on file with the COR.

b. The Contractor may have access to information by virtue of their performance under this contract that could give rise to a potential (real or perceived) Organizational Conflict of Interest (OCI). Therefore, the Contractor shall ensure that it remains free from or satisfactorily mitigates any potential (real or perceived) OCI associated with this effort by providing written notice, and its proposed mitigation plan, to the Contracting Officer as soon as practicable after identifying the potential OCI. The Contracting Officer will consider the proposed mitigation plan and take whatever steps necessary to protect the Government’s best interest.

4.8 Data Security and Privacy

The contractor shall be responsible for properly protecting all information used, gathered, disclosed, or developed as a result of work under this contract. The contractor shall also protect all government data by treating information as sensitive. All information gathered or created under this contract shall be considered as confidential information. It is anticipated that this information will be gathered, created and stored within the primary work location. If contractor personnel must remove any information from the primary work area they should protect it to the same extent they would their proprietary data and/or company trade secrets. The information shall not be disclosed, copied, modified, used (except in completion of a task order) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to GSA without GSA's expressed consent.

The use of this data is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

4.9 Data Rights

The Government shall have unlimited use rights, at no additional cost to the Government, for all intellectual property developed or delivered in accordance with a task order. This right does not abrogate any other Government rights. Anything produced belongs to the Government with no restrictions. Anything that is licensed, copyrighted to be used in deliverables to the Government must be identified prior to award of each task order and approval made by GSA.

Government data rights of software deliverables shall be in accordance with FAR 52.227-19 Commercial Computer Software License and/or FAR 52.227-14 Rights in Data - General.

Ownership of data entered into any and all systems, system documentation, all deliverables produced in the performance of this contract, and other related system information shall reside with the Government.

4.10 Facilities Security

The Federal Acquisition Regulation (FAR) Council requires that all federal entities ensure that all Contractors have current and approved security background investigations that are equivalent to investigations performed on Federal employees.

In accordance with Homeland Security Presidential Directive 12 (HSPD-12) and GSA regulations, contractor employees who required access to GSA facilities and IT systems, must receive a successful determination from the security clearance process to receive a GSA Access Card (Access Card), at the minimum, a Moderate Background Investigation with written

Inquiries (MBI) is required. Successful results from the FBI National Criminal History Check (i.e., fingerprint check) portion must be received before an Access Card can be issued.

The vendor will adhere to all GSA facility security requirements and information technology security requirements. Contractor employees without government issued identification badges shall be escorted while in the Government building.

The Contractor shall return all badges to the government on the same day that an individual employee is terminated, and/or upon termination or completion of the Call Order. The Contractor shall notify the Government immediately of any lost or stolen badges.

The Government assumes financial responsibility for any fees connected to the clearance process for contractor employees and the issuance and/or maintenance fees for the Access Card.

4.11 Copyright Notice

The Contractor shall place the following copyright notice on all materials, documents, deliverables, etc. developed during performance of this contract.

This work, authored by [contractor name] employees, was funded in whole or in part by federal funds under U.S. Government contract [number] and is, therefore, subject to the following license: The government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license in this work to use, reproduce, modify, prepare derivative works, disclose, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the government. All other rights are reserved by the copyright owner.

For purposes of clarity, the intent of the government is for intellectual property to be vested in the Federal Government for work paid for by the Federal Government. All documents, graphics, and code created under this contract are the intellectual property of the Federal Government including, but not limited to, plans, reports, schedules, software code, software designs, graphics, etc. In the event that the Federal Government implements under this contract open-source software and pays for the cost of the implementation of open-source software, the final changes and edits to the code and configuration (such as work to integrate plug-ins) are the intellectual property of the Federal Government.

SECTION V Task Order Price Schedule

5.1 GENERAL: Vendors shall prepare their price quotations for the task order using the attached Price Schedule template in MS Excel format. Vendors must ensure that their price quotations include proposed pricing for all tasks, CLINs, and deliverables as set forth in the Statement of Work (SOW)

Price quotations that do not conform to the format in the attached Price Schedule template may be rejected and receive no further consideration for award purposes.

6.0 Attachments:

Attachment 1: Required Price Schedule Template Attachment 2: Brand Name J&A Redacted