Oil Gas RFQ 05GA0A20Q0048 dated 6.17.20 approved.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

GAO2003170012

5. SOLICITATION NUMBER

05GA0A20Q0048

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/18/2020

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

BOOKER, THERESA E

b. TELEPHONE NUMBER (No collect calls) 202-512-8550

8. OFFER DUE DATE / LOCAL

TIME

07/13/2020 17:00:00

CODE 05GA0A

BOOKER, THERESA E

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-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 213112

SIZE STANDARD: $38.5

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR 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 DPAS

13b. RATING

RFQ IFB RFP

14. METHOD OF SOLICITATION

05GA0ACODE15. DELIVER TO

US GOVERNMENT ACCOUNTABILITY OFFICE

FINANCIAL MANAGEMENT & BUSINESS OPERATIONS

441 G STREET, N.W

ROOM 7116E

ATTENTION:

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

US GOVERNMENT ACCOUNTABILITY OFFICE

FINANCIAL MANAGEMENT & BUSINESS OPERATIONS

441 G STREET, N.W

ROOM 7116E

ATTENTION:

WASHINGTON, DC 20548

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

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

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

GAO-2020-0107A20DA0-4005AAA000-B02020000-25215-987245-2020

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

27a. SOLICITATION INCORPORATES BY REFERENCE 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: REF. _____________________________ 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) Theresa Booker

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

1 : :

1 : :

Document Number: 05GA0A20Q0048 Page 1 of 16

19.

ITEM NO.

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. 02/2012) BACK

Document Number: 05GA0A20Q0048 Page 2 of 16

Table of Contents

Section Description Page Number

1 Continuation Sheet 2 Statement of Work 3 Administration of the Order

2 Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.216-1 Type of Contract (Apr 1984) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-50 Combating Trafficking in Persons (Jan 2019)

GAO 52-232-34 GAO PAYMENT BY EFT

52.233-2 Service of Protest (Sept 2006)

GAO 52.233-70 DISPUTES

GAO 52.237-71 Technical Direction

COR COR

IPP IPP

Document Number: 05GA0A20Q0048 Page 3 of 16

Section 1 - Continuation Sheet

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

1 Service 1.000000 LOT

Period of Performance: 07/21/2020 - 07/20/2021

Description: Request to purchase ten accounts to commercially available comprehensive data service subscription on onshore oil and gas development in the United States.

POP 7/1/2020-6/30/2021

Request to purchase ten accounts to commercially available comprehensive data service subscription on onshore oil and gas development in the United States.

POP 7/1/2020-6/30/2021

Reference Line: GAO2003170012 - 0001

2 Service 1.000000 LOT

Period of Performance: 07/21/2021 - 07/20/2022

Description: US Comprehensive Onshore Oil and Gas Development Data Subscription for 10 accounts

Reference Line: GAO2003170012 - 0101

3 Service 1.000000 LOT

Period of Performance: 07/21/2022 - 07/20/2023

Description: US Comprehensive Onshore Oil and Gas Development Data Subscription for 10 accounts

Reference Line: GAO2003170012 - 0201

4 Service 1.000000 LOT

Period of Performance: 07/21/2023 - 07/20/2024

Description: US Comprehensive Onshore Oil and Gas Development Data Subscription for 10 accounts

Reference Line: GAO2003170012 - 0301

5 Service 0.000000 LOT

Period of Performance: 07/21/2024 - 07/20/2025

Description: US Comprehensive Onshore Oil and Gas Development Data Subscription for 10 accounts

Reference Line: GAO2003170012 - 0401

Section 1 - Continuation Sheet

2 Statement of Work

Statement of Work: Oil and Gas Data Service

Section 1: Background The Government Accountability Office (GAO) requires a comprehensive data service on onshore oil and gas development in the United States to support GAO in completing congressionally requested analyses on oil and gas. The data service will be used to inform work on such areas as oil and gas leasing, production, and potential liabilities. Specifically, the data service will enable GAO to identify current and historical information on leases, wells, and production on federal, state, and fee lands, and how these vary.

GAO often needs large database resources to provide documentary or quantitative evidence to support analytic

Document Number: 05GA0A20Q0048 Page 4 of 16 findings. Examples of these analytic findings are found on the agency’s web site:https://www.gao.gov.

Section 2: Requirements

The data service subscription should be a commercially available off-the-shelf online product with data, ser-vices, and support for ten user accounts as described below.

Data The data service should cover oil and gas wells, well history, and leases on federal, state, and private lands in the United States. The service must allow users to integrate and analyze data across these three levels (wells, well history, leases), such as by using keys, IDs, or crosswalk tables which would allow lease information to be joined with well and well history information. Service must include the following data elements:

1. Well-level information covering at least 1.5 million wells. Specifically:

1. Well API number at the 10 digit level or greater

2. Well spud date

3. GIS points of well location or lat/lng coordinates

4. Well depth

5. Orientation of the well bore (vertical, horizontal)

6. Geologic formation

Historical well-level information through the current date with only a three month lag, including:

1.1. Well operator names and effective dates

2. Well statuses and effective dates (must include sufficient information to determine when well is in a producing status or a plugged status)

3. Well completions and effective dates

4. Oil production volumes by month, with reporting dates

5. Gas production volumes by month, with reporting dates

6. Fluid injection volumes by month, with reporting dates

Lease information covering active and historic leases from 2002 to the current date with only a three month lag, including:

1. 1. Lessor designation that permits ready differentiation between federal, state, and fee

2. Lease identification number

3. Agreement number if lease is part of an agreement

4. Lease effective date

5. Expiration date of primary term

6. Lease date of sale

7. Lease bonus bid dollar amount

8. Lease royalty rate

9. GIS polygons of lease boundaries

10. Lease area in acres

11. Lessee name(s)

1. Services

1. Data at the well, well-history, and lease-level that can be exported to CSV (.csv) and GIS shapefile/ geodatabase (.shp or .gdb) file formats via API access, FTP delivery, direct SQL connection, or bulk downloads of at least 500,000 records at once.

2. Ability to integrate exported well, lease, and well history (e.g. production, status) information such as by having keys, IDs, or crosswalk tables that would allow lease information to be joined with well and well history information.

3. Ability to store data for individual analyses or GAO engagements in GAO’s records management system.

4. Ability to use data from the data service to develop descriptive statistics and to conduct statistical analyses which will be publicly reported with citation to the source data.

5. Ability to reassign accounts to GAO staff as team members change.

1. Support

1. Online asynchronous training available with product start date.

2. Technical support available by telephone and email to troubleshoot technical problems of access, downloading, and use of data service.

3. Analytic support available by telephone and email to advise GAO on best methods to obtain needed data and to discuss data

Document Number: 05GA0A20Q0048 Page 5 of 16 sources and data quality assurance steps.

4. Access to user manuals, definitions of data fields and value codes, and documentation of assumptions and information sources underlying products.

Section 3: Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or

GFI)

No government property will be furnished to the contractor. The contractor may provide software to be loaded by GAO’s Information Systems and Technology Services to GAO laptops or other devices.

Section 4: Security No badges or other measures needed.

Section 5: Travel No travel requirements.

Section 6: Special Material Requirements We do not anticipate any special material requirements. Any product purchase is contingent upon the compli-ance with GAO’s current IT security environment.

Section 7: Other Unique Requirements None are known.

Section 8: Place of Performance GAO is headquartered in Washington, DC and has 11 field offices. The chief place of performance will be GAO Headquarters in Washington, DC. We anticipate any field office needs for data can be satisfied by Headquarters staff and accounts, but we do reserve the right to assign a user account to field office staff.

Section 9: Period of Performance For the anticipated period of performance, see the CLIN’s.

3 Administration of the Order

SECTION II – ADMINISTRATION OF THE ORDER

1. GAO Contacts

For the purposes of monitoring and technical direction, the GAO points of contact for this Call order are:

Contracting Officer Theresa Booker U.S. Government Accountability Office Acquisition Management 441 G Street, N.W. Room 7116K Washington, DC 20548 Phone Number: (202)512-8550 E-mail: BookerT@gao.gov

Contract Specialist Cassandra Porter-Hickman U. S. Government Accountability Office Acquisition Management 441 G Street, NW.

Washington, DC 20548 Phone Number: (202) 512-4073 Email: Porterhickmanc@gao.gov

COR

U.S. Government Accountability Office

COR:

Document Number: 05GA0A20Q0048 Page 6 of 16

441 G Street, N.W.

Washington, DC 20548 Phone Number:

Email:

2. DELIVERY SCHEDULE/PERIOD OF PERFORMANCE

Period of Performance of the above CLINs is from date of award through twelve (12) months plus 4 option years.

3. Clauses Incorporate by Reference

Clause Title Fill-ins 52.202-1 Definitions (Nov 2013) 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-kickback Procedures 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whis-tleblower Rights 52.211-15 Defense Priority and Allocation Requirements 52.212-4 Contract Terms and Conditions – Commercial Items 52.222-50 Combating Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relat-ing to Iran representation and Certifications 52.232-39 Unenforceability of Unauthorized Obligations 52.233-2 Service of Protest 52.233-3 Protest After Award 52-233-4 Applicable Law for Breach of Contract Claims 52.243-1 Changes Fixed Price 52.244-6 Subcontracts for Commercial Items

Section 2 - Contract Clauses

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 re-quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):

www.acquisition.gov/far/ [Insert one or more Internet addresses]

(End of clause)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Firm Fixed Price [Contracting Officer insert specific type of contract] contract resulting from this solicitation.

(End of provision)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-

Document Number: 05GA0A20Q0048 Page 7 of 16 ficer may exercise the option by written notice to the Contractor within 30 Days [insert the period of time within which the Contract-ing Officer may exercise the option].

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary writ-ten notice of its intent to extend at least 30 days days [60 days unless a different number of days is inserted] before the contract ex-pires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 (months)(years).

(End of clause)

52.222-50 Combating Trafficking in Persons (Jan 2019)

(a) Definitions. As used in this clause

"Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

"Coercion" means--

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

"Commercial sex act" means any sex act on account of which anything of value is given to or received by any person.

Commercially available off-the-shelf (COTS) item means--

(1) Any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

"Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

"Forced Labor" means knowingly providing or obtaining the labor or services of a person--

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Document Number: 05GA0A20Q0048 Page 8 of 16

"Involuntary servitude" includes a condition of servitude induced by means of--

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condi-tions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

"Recruitment fees" means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or poten-tial employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs--

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes asso-ciated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

Document Number: 05GA0A20Q0048 Page 9 of 16

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

"Severe forms of trafficking in persons" means--

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or an-other subcontractor.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not--

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to dis-close, in a format and language understood by the employee or potential employee, basic information or making material misrepres-entations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe be-nefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any signi-ficant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States);

or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursu-ant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the

Document Number: 05GA0A20Q0048 Page 10 of 16 cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim ser-vices, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause ap-ply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall--

(1) Notify its employees and agents of--

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of--

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in--

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the viola-tion, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to vic-

Document Number: 05GA0A20Q0048 Page 11 of 16 tims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation. (1) The Contractor shall, at a minimum--

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Govern-ment authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.

It does not--

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from--

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that--

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be per-formed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate--

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in per-sons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking- related activities de-scribed in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations.

Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Depart-ment of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in per-sons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging re-cruitment fees to the employees or potential employee and ensures that wages meet applicable host-country legal requirements or ex-plains any variance.

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(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting. (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract perform-ance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that--

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either--

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that--

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be per-formed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of clause)

GAO 52-232-34 GAO PAYMENT BY EFT

GAO 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER (AUGUST 2007)

Payments will be made by electronic funds transfer (EFT) unless a waiver is granted. Request for waiver should be submitted using EFT Waiver Request Form (FAA Waiver 3/2006) to the Contracting Officer. Addi-tionally, a standard form 3881, Payment Information Form ACH Vendor Payment System, should be completed and sent to Contracting Officer no later than the submission of first invoice.

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.].

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

GAO 52.233-70 DISPUTES

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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 un-der 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 Gov-ernment 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 sub-mitting 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 re-flects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly au-thorized to certify the claim on behalf of the Contractor."

(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 Con-tractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Con-tracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the de-cision 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 writ-ing, 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 Contract-ing 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 re-quest for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Con-tracting Officer.

GAO 52.237-71 Technical Direction

GAO 52.237-71 TECHNICAL DIRECTION (APR 1984)

The Contracting Officer’s direction includes:

Direction to the Contractor which assists him in accomplishing the Statement of Work, Comments on and approval of reports or other deliverables.

Technical direction must be within the contract Statement of Work. The Contracting Officer ‘s Technical Rep-resentation does not have the authority to issue technical direction which: Institutes additional work outside the scope of the contract;

Constitutes a change as defined in the “Changes” clause; (3) causes as increased or decrease in the estimated cost of the contract: (4) alters the period of performance; or (5) changes any of the other express terms or condi-

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

COR COR

CONTRACTING OFFICER’S 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 reports;

(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.

IPP IPP

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (October 2017)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Pro-cessing Platform System (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 require-ments identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Con-tract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website ad-dress 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 enrollment instructions via email from the Federal Reserve 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 or phone 866-973-3131.

GAO 52.235-73 CONFIDENTIALITY OF GAO DATA (APR 1984)

Because of the sensitivity and confidentiality of much of the data handled by GAO, the contractor shall main-tain confidentiality of all documents, data and other information supplied to it by the GAO, in accordance with all applicable Federal guidelines and regulations. Confidentiality is essential to satisfactory contract perform-ance. Also, specific tasks under this contract may involve processing records or portions of records which GAO treats as confidential, and contain information subject to the GAO Privacy Procedures for Personnel Records, 4 C.F.R. Part 83.

The contractor assumes full responsibility for and guarantees the security of all documents, data, and other in-formation 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 be reasonably foreseen to undermine GAO's ability to maintain the security of records cre-ated 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 ac-cess is necessary for the completion of the contract) from seeing or having access to information in the posses-sion or under the control of the contractor.

The contractor will prevent any person from disclosing the contents or description of documents or information to any person not authorized under this contract or by the GAO to have access to such documents or informa-tion.

The contractor will prevent removal of any documents or information from the contractor's premises without authorization by appropriate GAO officials.

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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 agrees to 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 the system of records to accom-plish an agency function, it shall be subject to the requirements of any GAO Order or regulations pertaining to privacy procedures.

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