Omnivee Vendor Program Description_GSA_2026.pdf

FORTIOR SOLUTIONS PROPRIETARY AND BUSINESS SENSITIVE INFORMATION

GSA Schedule Contract No. 47QTCA26D004L Omnivee® Vendor Program Description

©2026 Fortior Solutions, LLC All rights reserved. 90-VEN-F0001 V06052026

Omnivee® Vendor Program by Fortior Solutions

Program Description

GSA Schedule Contract No. 47QTCA26D004L

The following is a description of the Omnivee® Vendor Program for orders placed by Government ordering activities (“Government Customers”) against General Services Administration Schedule Contract No. 47QTCA26D004L.

1. INTRODUCTION

1.1. The Omnivee Vendor (“Program”) by Fortior Solutions, LLC (“Supplier”) is designed to enhance security at commercial, critical infrastructure and Government facilities and locations and to provide a means of more quickly and securely accessing the facilities and locations for vendors, service providers, suppliers and certain contractors and their subcontractors who conduct official business there (collectively referred to herein as “vendors,” or “vendor companies”). Participation in the Program by vendor companies and their employees is voluntary. The Program is implemented at Government Customer facilities/locations and is intended to standardize enrollment, vetting, and credentialing; electronically control access privileges of non-Common Access Card (“CAC”) vendor employees accessing Government Customer facilities/locations; and improve efficiency, effectiveness and throughput at Welcome and Visitor Centers and similar locations through a reduction in the issuance of business passes, temporary badges and other locally produced credentials.

2. PROGRAM SERVICES AND EQUIPMENT

2.1. Supplier provides the Government Customer with the following services: (a) enrollment of vendor companies and registration of vendor employees; (b) vetting of vendor employees; (c) production of Program credentials; (d) access control authentication system; (e) ad hoc and monthly reporting; and (f) Program support.

2.2. Supplier produces program credentials for issuance to vendor employees following their Program registration, payment of Program fee to Supplier, and successful completion of the Program vetting process.

2.3. For first-time Government Customers, Supplier coordinates a mutually agreeable Program rollout and implementation schedule at each Government Customer facility/location. Program features may be phased in over time at each facility/location, with full operational status achieved by the final phase of implementation.

2.4. Supplier furnishes to the Government Customer the following Program equipment, for the Government Customer’s use for the term of the Government Customer’s Program subscription:

2.4.1. Two (2) mobile handheld computers per facility/location. Each mobile handheld computer is provisioned with Supplier’s proprietary software and configured with lock down security features. Additional mobile handheld computers can be added on a subscription basis at an additional fee. The mobile handheld computers communicate with Supplier’s Enforcement Server over a secure Virtual Private Network (VPN) via a cellular network, enabling users to move throughout a facility or location to scan IDs.

2.4.2. For the convenience of Supplier and the Government Customer, Supplier in its sole discretion also may provide one (1) “warm standby” mobile handheld computer preloaded with Supplier’s proprietary software, per facility/location, which may be used solely as a back-up replacement for an out-of-commission mobile handheld computer.

2.5. Program software for the Government Customer’s use during the period of subscription, including software maintenance and any software upgrades as determined by Supplier in its sole discretion. The Program software supports features including scanning, electronic reading and list checks of IDs; and “geofencing” capabilities that enable setting location perimeters of Program handheld mobile computers and providing alerts if a mobile handheld computer goes out of its designated perimeter.

2.6. Supplier retains ownership of and title to all Program equipment, Program software and Program credentials. Supplier is responsible for installing, maintaining and removing all Program equipment.

3. ENROLLMENT AND REGISTRATION

3.1. Supplier provides an online method for eligible vendor companies to enroll in the Program and for vendor employees to register for the Program.

3.2. Supplier charges vendor companies and their employees an enrollment/registration fee and an annual renewal fee. These fees are remitted to and remain the sole property of Supplier. The Government Customer is not a third-party beneficiary of, and has no liability or rights or obligations under, agreements entered into by Supplier with vendor companies and their employees with regard to the Program.

3.3. The Government Customer is the sole entity authorized to approve vendor companies to participate in the Program. Participating vendor companies select their employees to register for the Program. However, the Government Customer retains the right to permit or deny any vendor employee’s participation in the Program.

4. PROGRAM VETTING

4.1. Upon a vendor employee’s completion of the Program registration, Supplier processes an initial vetting of the vendor employee. This involves (a) a National Crime Information Center (“NCIC”) and Interstate Identification Index (“III”) query conducted by Supplier on behalf of the Government (if this vetting feature is selected by the Government Customer, and subject to necessary authorizations and approvals as discussed below), and/or (b) a commercial background screening conducted by Supplier’s third-party background screening provider. In addition to this initial vetting, periodically throughout the year Supplier, through its third-party provider, processes commercial background screenings to search for record changes. At each one-year renewal, Supplier processes an NCIC/III query on behalf of the Government or a renewal commercial background screening. This vetting process is ongoing for the duration of the vendor employee’s participation in the Program.

4.2. The NCIC/III queries and commercial background screenings involve searches of both Government data and public records. Not all Government data and public records are up-to-date, complete, accurate or available. The accuracy of NCIC/III queries and commercial background screenings is subject to the reliability of available Government data and public records that are searched.

4.3. NCIC/III Queries. These are queries of NCIC Person Files maintained by the U.S. Federal Bureau of Investigation (“FBI”) that may include Wanted Persons, Foreign Fugitive, National Sex Offender Registry, and Known or Appropriately Suspected Terrorist; and queries of III for criminal histories maintained by the 50 states, the District of Columbia, Guam, and Puerto Rico. The NCIC/III queries are authorized and approved by the U.S. Department of Justice (“DOJ”) and FBI/Criminal Justice Information Services (“CJIS”) and are performed on behalf of the Government. The queries are processed by Supplier’s personnel who are DOJ-certified Terminal Operators. The availability of NCIC/III queries by Supplier is subject to (a) the Government Customer’s receipt of the necessary authorizations and approvals, and receipt of an Originating Agency Identification number (“ORI”), from the FBI CJIS, and (b) Supplier’s continued authorizations, approvals and support from the Government Customer, FBI CJIS and other relevant authorities. Supplier may process NCIC/III queries through Nlets, an interstate justice and public safety network for the exchange of law enforcement, criminal justice, and public safety-related information.

4.4. Commercial Background Screenings. The specific steps in the Program commercial background screenings are as follows:

4.4.1. National Criminal Databases – This process involves a search of available felony conviction history and other criminal record data compiled from federal, state and county reporting agencies. The national criminal database contains data from all 50 states and the District of Columbia, Guam, and Puerto Rico. Criminal record data is searched from Government data sources including:

4.4.1.1. Court systems, corrections departments and law enforcement agencies.

4.4.1.2. Sex offender registries.

4.4.1.3. Search results may lead to discovery of an open criminal warrant. Findings from this search are validated through a search of the relevant available court records.

4.4.1.4. Other Government Watch List Searches – The individual’s name is run against Watch Lists that may include: U.S. Department of Commerce Denied Person’s List, Fugitive List (compiled from FBI, U.S. Marshal’s and Secret Service Most Wanted Lists and DEA’s Fugitive List), Interpol Most Wanted List, Office of Foreign Assets Control (“OFAC”), Office of Thrift Supervision List, Australian Reserve Bank Sanctions List, Bank of England Sanctions List, the National Security Debarred Parties List (Directorate of Defense Trade Controls), European Union Terrorism Sanctions List, FDA Office of Regulatory Affairs Debarment List, OFSI (Canadian Sanctions List), United Nations Consolidated Sanctions List, Palestinian Legislative Council List, U.S. General Services Administration Excluded Parties List, and the World Bank Listing of ineligible individuals. The specific Watch Lists that are included within the commercial background screenings may change from time to time.

4.5. A vetting “fail” result is produced if any one or more of the following are revealed through NCIC/III queries or Program commercial background screenings:

4.5.1. NCIC/III queries will produce a “fail” result for these findings by a civil or military court, or other military authority, to include non-judicial punishment:

4.5.1.1. Felony convictions, and lack of Government crime classification (e.g., felony v. misdemeanor) or disposition (e.g., conviction v. dismissal) for Criminal Sexual Act or Contact with Adult or Minor, Armed Robbery, Child Molestation, Possession of Child Pornography, Trafficking in Persons, Drug Possession with Intent to Sell or Distribute, Espionage, Sedition, Sabotage, Treason, Terrorism, Murder, Military Desertion, and Arson – As far back as records are available.

4.5.1.2. All other felony convictions, and lack of Government crime classification (e.g., felony v. misdemeanor) or disposition (e.g., conviction v. dismissal) – 10 years or less.

4.5.1.3. Any two misdemeanor convictions – 3 years or less.

4.5.1.4. A person whose identity cannot be verified, or there is a reasonable basis to believe the person has submitted fraudulent information concerning his or her identity.

4.5.1.5. Wanted persons – Open wants and warrants.

4.5.1.6. Individuals found to be listed on searched watch lists (e.g., OFAC, ICE, Interpol).

4.5.1.7. Registered Sex Offenders – Individuals found to be on a sex offender registry.

4.5.1.8. Immigration Violator File – As far back as records are available.

4.5.1.9. Terrorist Screening Center (TSC) File – As far back as records are available.

4.5.1.10. Foreign Fugitive File – As far back as records are available.

4.5.1.11. Violent Persons File – As far back as records are available.

4.5.2. Program commercial background screenings will produce a “fail” result for these findings:

4.5.2.1. Felony convictions – 10 years or less.

4.5.2.2. Wanted persons – Open wants and warrants.

4.5.2.3. Individuals found to be listed on searched Watch Lists (e.g., OFAC, ICE, Interpol, etc.).

4.5.2.4. Registered Sex Offenders – Individuals found to be on a sex offender registry.

4.5.2.5. Social Security Number not validated.

4.6. Supplier may search other Government databases that may be available such as the DHS Terrorist Screening Database (TSDB) (requires sponsorship and approval). A database “hit” may produce a “fail” result.

4.7. Supplier may from time to time modify the vetting steps and the vetting criteria, in coordination with the Government Customer.

4.8. Supplier notifies the Government Customer and the vendor company of the “pass” or “fail” results of the NCIC/III queries and the Program commercial background screenings. Supplier does not disclose to the vendor company the reason(s) for a vendor employee’s “fail” result or provide a copy of a vendor employee’s commercial background screening report, unless authorized in writing to do so by the vendor employee or except as required by law or by court or administrative order.

4.9. If an NCIC/III query produces a “fail” result, Supplier provides notification of the “fail” result to the assigned vendor company representative and informs the representative how the vendor employee may request a copy of their criminal history record information from the FBI or from an authorized FBI Fingerprint Channeler. In accordance with FBI CJIS requirements, Supplier does not share NCIC/III data with the vendor employee or the vendor company. The vendor employee has sixty (60) days to initiate adjudication of any disagreements with the completeness or accuracy of the information in the criminal history record information. If a Program commercial background screening produces a “fail” result, Supplier or its third-party provider send written notification to the vendor employee at their provided address. The vendor employee is provided a minimum of thirty (30) days to initiate adjudication of any disagreements with the completeness or accuracy of the information in the commercial background screening report. If at the end of the adjudication process the disqualifying event has not been removed, the vendor employee is not qualified to participate in the Program unless “waivered” into the Program by the Government Customer (see next section below).

4.10. The Government Customer may choose to grant a waiver to a vendor employee who does not pass an NCIC/III query or a Program commercial background screening and who initiates a waiver request within 60 days of the date of notification to the vendor employee. Supplier processes receipt of vendor employee waiver requests, which Supplier forwards to the Government Customer for disposition. Supplier does not process untimely waiver requests unless requested in writing to do so by the Government Customer. The Government Customer is solely responsible for and liable for the waiver decision. The Government Customer notifies Supplier in writing of its waiver decision within 90 days. If the Government Customer fails to provide such notification to Supplier within 90 days, Supplier will process the waiver request as “denied” by the Government Customer.

Vendor employees who receive a waiver from the Government Customer are allowed to participate in the Program. They are subject to continued vetting, in the form of an annual NCIC/III query or a commercial background screening conducted 12 months after the government Customer grants the waiver. Such vendor employees need to request a new waiver from the Government Customer (subject to the same timeliness requirement described above in this Section) each time the annual vetting produces a “fail” result. Vendor employees who receive a waiver from the Government Customer are not processed for recurring commercial background screenings.

4.11. Program vetting of Vendor employees is intended to enhance but does not guarantee, security at participating facilities/installations. A “pass” result from an NCIC/III query or from a Program commercial background screening means that the searched information shows that the subject vendor employee meets the Program vetting criteria. However, a “pass” result does not guarantee that the subject vendor employee is safe, trustworthy or reliable or will not commit a crime or other bad act.

4.12. Vendor employees who choose not to participate in, or who do not qualify for, the Program may seek permission from the Government Customer for non-Program access to the Government Customer’s facility/location. The Government Customer maintains sole responsibility for making all access control decisions. The Government Customer has the right to grant or deny entry to its facility/location and to take any other security precautions it deems necessary.

5. PROGRAM CREDENTIALS

5.1. Once a determination is made that a vendor employee is qualified to participate in the Program, Supplier produces a Program credential for the vendor employee. The Program credential is the size of a common identification badge, displays the vendor employee’s name, company name and the appropriate seal/logo, and contains a unique ID encoded in a barcode. The Program credential also includes a photo image of the vendor employee. A vendor employee may use the Program credential at the Government Customer’s facility/location and at any other Government facility/location that participates in the Program and that has approved the vendor employee for Program participation there.

5.2. Issuance of Program Credentials.

5.2.1. Supplier provides the Government Customer with the name and vendor company of each vendor employee for whom Supplier has produced a Program credential.

5.2.2. Supplier ships the credentials to the Government Customer for issuance. The Government Customer issues the credential to the vendor employee after the Government Customer verifies the vendor employee’s identity through examination of the vendor employee’s identification documents, using the Program list of acceptable identification documents. The Government Customer is responsible for examining the documents for authenticity and validity, and for any scanning and retention of copies of the documents.

The Government Customer is also responsible for maintaining and keeping up to date a chain of custody record for credentials received and credentials issued.

5.3. Supplier makes available, to the Government Customer, Program mobile handheld computers for the Government Customer’s facility/location personnel to scan and electronically authenticate Program credentials against the Program authoritative data repository, to verify the vendor employee’s authorization status in the Program and to authenticate the vendor employee’s identity through photograph comparison and (if fingerprint template is available and supported by Supplier’s handheld mobile computers) fingerprint template “match.” Electronic authentication of the Program credentials is necessary to the effectiveness of the Program. The Program credential is intended to be used by facility/location personnel for physical access decisions only if the credential is electronically authenticated; the Program credential is not intended to be presented or accepted for access on a flash-pass basis. The Government Customer may require the vendor employee to wear the credential at all times while on its facility/location.

5.4. The Government Customer Point of Contact (“POC”) is responsible for promptly notifying Supplier in writing if the Government Customer terminates the authorization of a vendor company or a vendor employee to participate in the Program.

5.5. Supplier may deactivate a vendor employee’s Program credential under but not limited to the following circumstances:

5.5.1. Following Supplier’s receipt of notification from the vendor company that the vendor employee no longer works for the vendor company, no longer has a business need to receive access to the Government Customer’s facility/location, or there is any other change of status that Supplier determines renders the vendor employee ineligible to participate in the Program.

5.5.2. Following Supplier’s discovery of any disqualifying events through an NCIC/III query or a Program commercial background screening at any time while the vendor employee is a participant in the Program.

5.5.3. Following Supplier’s receipt of a written instruction to do so from the Government Customer, or following Supplier’s receipt of written notification from the Government Customer that the Government Customer has terminated the authorization of the vendor employee or their vendor company to participate in the Program.

5.5.4. Following the vendor employee’s violation of the Program Individual User Agreement between the vendor employee and Supplier or the vendor employee’s violation of any other Program terms and conditions.

5.5.5. Following non-payment of vendor company or vendor employee Program renewal fees.

5.5.6. Following request from the vendor company or the vendor employee that the credential be deactivated.

6. FACILITY/LOCATION PHYSICAL ACCESS CONTROL

6.1. The Government Customer uses the Program to provide expedited facility/location physical access control privileges, as threat conditions permit, to vendor employees who present their valid Program credential for scanning and electronic authentication.

6.2. Supplier furnishes the Government Customer with the equipment for the Government’s facility/location personnel to scan and electronically authenticate the Program credential, verify the vendor employee’s authorization status in the Program, and authenticate the vendor employee’s identity through photograph comparison and (if fingerprint template is available and supported by Supplier’s handheld readers) fingerprint template “match.”

7. REPORTING

7.1. Supplier provides the Government Customer Point of Contact with monthly reports containing the following with respect to the particular facility/location:

7.1.1. Number and names of active enrolled companies and number of active registered vendor employees.

7.1.2. Number of vendor employees who were recorded, through electronic scanning of Program credentials, as ingressing the facility(ies)/location(s) through each scan location (e.g., ACP, Pass and ID, and/or lobby) or by mobile handheld computer.

7.1.3. Number of vendor employees who were recorded, through electronic scanning of Program credentials, as having been denied ingress to the facility(ies)/location (s) through each scan location (e.g., ACP, Pass and ID, and/or lobby) or by mobile handheld computer.

7.1.4. For each vendor company, number of vendor employees who were denied a Program credential due to the results of a Program commercial background screening or NCIC/III query.

7.1.5. Number of “fails,” “waivers,” and successful adjudications of NCIC/III queries and Program commercial background screenings.

7.1.6. The name and vendor company of each vendor employee who “fails” an NCIC/III query or a Program commercial background screening.

7.1.7. A reasonable number of ad hoc reports upon written request.

7.1.8. A randomized list of reasons for NCIC/III query and Program commercial background screening “fails;” this information is not associated with identified vendor employees.

8. PROGRAM EQUIPMENT MAINTENANCE

8.1. Supplier is responsible for reasonable maintenance and lifecycle replacement of its Program equipment that it furnishes for use by the Government Customer. In the event of Program equipment downtime, the Government Customer must promptly notify Supplier.

8.2. The Government Customer is responsible for safeguarding Program equipment furnished for its use by Supplier. The Government Customer is responsible for the cost to repair or replace equipment for any damage beyond normal wear and tear. Supplier is entitled to an equitable adjustment in the event of such damage to program equipment.

8.3. Supplier provides ongoing support and maintenance for the Program equipment it furnishes for use by the Government Customer. Support and maintenance are provided as follows:

8.3.1. Support during Regular Business Hours: Supplier’s Program Support Group attempts to troubleshoot the issue on the telephone. If onsite support is required as determined by Supplier during the telephone consultation, a technician is typically scheduled to visit the Government Customer’s site within 24 to 48 hours from that determination.

8.3.2. Support after Regular Business Hours, on Weekends and on Holidays: A Supplier technician returns a phone call or email typically within four hours. The technician attempts to troubleshoot the issue on the telephone. If onsite support is required as determined by Supplier, a technician is scheduled to visit the Government Customer’s site, typically on the next business day. If Supplier has provided the Government Customer with a warm standby mobile handheld computer, it should be used as a replacement for the mobile handheld computer experiencing issues. The Government Customer must notify the Supplier’s Program Support when the warm standby will be turned on for use.

8.3.3. Preventative Maintenance: All Program equipment placed at the Government Customer’s facility is evaluated and maintenance is scheduled according to use.

9. PROGRAM DATA

9.1. Supplier maintains all rights of ownership and control of vendor company data, vendor employee data and other data that Supplier collects or generates in connection with the Program.

9.2. Supplier does not use vendor employee data for purposes unrelated to the Program unless Supplier receives the written consent of the vendor employee.

9.3. The Government Customer and Supplier both are responsible for maintaining privacy safeguards in their respective collection, use, storage and destruction of vendor employee data.

9.4. Vendor employee data may be stored on media under the control of Supplier and its subcontractors. The Government Customer’s facility/location personnel (including any contracted guards) are responsible for safeguarding data storage Program equipment. The Government Customer’s facility/location personnel do not have access to vendor employee data except as stated in Section 6 (reporting), above, and except for viewing limited data momentarily displayed on Supplier’s handheld reader that is used to electronically scan Program credentials.

9.5. The Government Customer does not have physical or logical access to Supplier’s Program information system or to any other Supplier database(s) and does not receive or have other access to vendor employee data collected or generated by Supplier except as provided in Section 3.9 (waivers) and Section 6 (reporting), above. The Government Customer and Supplier may use third-party software, services or other technology for the purpose of securely transferring and exchanging vendor employee data. Neither the Government Customer nor Supplier shall be liable to one another or to third parties in connection with the data/information security of such technology.

9.6. The Government Customer agrees to defend, indemnify and hold harmless Supplier against any claims, demands, or causes of action arising from or related to the Government’s use, storage and safeguarding of vendor and vendor employee data.

10. INTELLECTUAL PROPERTY

10.1. Supplier reserves all rights in the intellectual property, patents, patents pending, copyrights, trade secrets, trademarks, service marks, which it now owns or may hereafter acquire, develop or use. Notwithstanding anything to the contrary set forth herein, all materials, code, adaptations, derivative works, modifications or interfaces affected to Supplier’s own products, or created or developed hereunder by Supplier, and all rights of any kind whatsoever in and to the results and proceeds of such materials, code, adaptations, derivative work, modifications or interfaces, is the sole and absolute property of Supplier for all purposes.

10.2. Commercial Software License Rights

10.2.1. All Program software and any supporting documentation provided by Supplier under this Program Description are “commercial computer software” and “commercial computer software documentation,” respectively, as those terms are defined and/or used in the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFARS”), including but not limited to FAR 2.101, FAR 12.212 and DFARS 252.227-7014(a). The Government Customer’s use of Program software and documentation (collectively referred to herein as “Program Software”) is subject the restrictions set forth in this Section 9.

10.2.2. During the effective period of the Government Customer’s Program subscription(s), and subject to all other Program terms and conditions, the Government Customer has a single, nontransferable, non-sub licensable, non-assignable, non-exclusive, limited license to use Supplier’s Program Software installed on Supplier’s Program equipment at the facilities/locations that are covered by this Program Description. The Government Customer’s use of the Program Software is limited solely to the purpose of utilizing the Program services provided by Supplier. The Government Customer may use Supplier’s Program software only on hardware provided by Supplier and on no other hardware, without Supplier’s advance written consent. The Government Customer may not (a) sell, transfer or sublicense the software; (b) take any action that would cause the loss or abandonment of the Supplier’s proprietary rights in the software; (c) disclose or make the software available to any person or entity; (d) copy, reproduce, modify, make derivative works, alter, translate, reverse-compile or decompile, disassemble or otherwise reverse engineer the software; (e) alter, remove, or obscure any copyright notices or other proprietary notices on or in the software; (f) distribute or transfer the software to any third party or copy and/or distribute the documentation accompanying the software; (g) install the software on any Government hardware, equipment or devices; (h) use the software in any manner that is not expressly authorized in this Program Description; or (i) enable, encourage, or solicit any other party to do any action listed in (a) through (h).

10.2.3. Supplier exclusively owns all right, title and interest in and to all Program software and any modifications thereof and all copyright, trade secret, trademark, patent and other intellectual property rights therein. Except for the rights expressly granted by Supplier to the Government Customer under this Program Description, (a) Supplier reserved all right, title and interest in and to the software and any modifications thereof, and (b) no right, title, ownership, interest or license in or to the software, whether by implication, estoppels or otherwise, is granted, assigned or transferred to the Government Customer. Supplier reserves all unpublished rights under the copyright laws of the United States.

10.2.4. Clauses 52.227-1 and 52.227-2 of the Federal Acquisition Regulation are hereby incorporated by reference and made a part of this Program Description.

11. ONGOING RESPONSIBILITIES OF THE GOVERNMENT CUSTOMER

11.1. Electrical Power and Communication. The Government is responsible for providing the necessary space and electrical power required by Supplier for the Program to be operational. This includes but is not limited to:

11.1.1. Sufficient electrical power for the Program equipment at each facility/location.

Each piece of equipment requires a minimum of one hard-wired 110-volt outlet, adequate to support at least a 15-amp load.

11.1.2. Ensuring no blocking or other interference with the mobile handheld computers’ cellular connection.

11.1.3. Environmental control systems to maintain proper temperature control in buildings where mobile handheld computer docking stations are installed.

11.1.4. Secure storage for Program credentials pending the Government Customer’s issuance.

11.2. The Government Customer is responsible for promptly notifying Supplier in the event of Program hardware downtime.

11.3. Authorization Status: The Government Customer POC is responsible for promptly notifying Supplier in writing if the Government Customer terminates the authorization of a vendor company or a vendor employee to participate in the Program.

11.4. Waivers: The Government Customer POC is responsible for promptly notifying Supplier in writing of any Program waivers the Government Customer grants to a vendor employee.

11.5. Authorization Lists: The Government Customer is responsible for providing Supplier, on a regular basis, with an updated list of vendor companies that the Government Customer has authorized to participate in the Program.

11.6. Physical Access Control Policies/Standard Operating Procedures: The Government Customer is responsible for ensuring that its participating facility(ies)/location(s) maintain physical access control policies, standard operating procedures that maximize operational effectiveness of the Program at that facility/location.

11.7. The Government Customer is responsible for selecting the appropriate scan location for accurate reporting and scan results.

11.8. Program Credential Issuance: The Government Customer must follow the Program credential issuance requirements described in Section 4 (program credentials) above.

12. FORCE MAJEURE

12.1. Supplier shall be excused from performance to the extent that and while nonperformance is caused by an unforeseen circumstance or by an occurrence beyond the reasonable control of Supplier, including acts of God, acts of a public enemy, acts of the government in either its sovereign or contractual capacity, earthquakes, fires, floods, explosions, epidemics, pandemics, government-required closures, quarantine restrictions, strikes, riots, terrorism, civil unrest, severe weather, cyberattacks, delays of common carriers, telecommunications or Internet outages, power outages, acts or omissions of third-party suppliers or providers, irregularities in the announcing, posting, accuracy or completeness of information reported by any court or government agency in connection with information searched as part of an NCIC/III query or a Program commercial background screening, labor disputes, crimes, or shortage of resources.

13. ENHANCED PROGRAM FUNCTIONALITY

13.1. Supplier may choose to adapt the Program to (a) respond to legal, regulatory, administrative and/or policy changes or requirements, subject to Supplier’s right, if any, to an equitable adjustment;

(b) respond to changes in technology; and/or (c) increase the effectiveness and/or efficiency of the Program. Implementation of any significant new Program technology, functionality or features is coordinated with the Government Customer.