U.S. Senate Oracle Peoplesoft Renewal

Other / Unclassified

This document, titled "Purchase Order Clauses," outlines the standard terms and conditions that apply to a Purchase Order issued by the Sergeant at Arms (SAA) Contracting Officer. It details the authority under which the order is issued, the order of precedence for various documents (including pricing tables, scope of work, and contractor-specific terms), security requirements, and acceptance procedures.

Key clauses cover:

• Authority: Defines the SAA Contracting Officer's authority and the process for modifications.
• Order of Precedence: Establishes the hierarchy of documents in case of conflict, with Purchase Order clauses superseding contractor-specific terms unless inconsistent with federal law or Senate regulations.
• Security: Mandates compliance with Senate security regulations.
• Acceptance: Outlines the SAA's right to inspect and evaluate goods/services and require corrections.
• Incorporating Other Terms by Reference: Rejects terms referenced as hyperlinks or in other documents unless submitted in full text with the quotation.
• Price: States that price reductions can be offered by the contractor, but increases require mutual agreement.
• Taxes: Clarifies that the U.S. Senate is tax-exempt.
• Changes: Allows the Contracting Officer to make changes via modification or change order.
• Payment and Invoicing: Specifies invoicing procedures, payment processing, and required invoice content. It notes that the SAA is not bound by vendor invoice due dates and does not pay state/local sales taxes, late fees, or interest.
• Advertising: Rejects clauses related to advertising and prohibits the contractor from using work with the Senate for promotional purposes without express written permission.
• Gratuities: Outlines termination for offering gratuities.
• Conflict of Interest: Requires contractors to warrant no conflicts of interest.
• Termination for Cause/Convenience: Details the SAA's rights to terminate the order.
• Excusable Delay: Defines conditions for excusable delays.
• Disputes: Rejects contractor-specific dispute resolution clauses, mandating adherence to Senate Procurement Regulations and federal law.
• Senate Data Protection: Defines terms related to Senate data and outlines requirements for protection, notification of legal processes, and non-disclosure.
• Cybersecurity: Requires contractors to take reasonable steps to protect IT assets and data.
• Data Transfer: Mandates secure handling of Senate Data.
• Artificial Intelligence Training: Reserves rights for Senate offices regarding AI training using Senate data.
• Data Return: Requires return or destruction of Senate Data upon order conclusion.
• Incident Notification: Outlines procedures for reporting security incidents.
• Personnel Security: Details requirements for contractor personnel, including background checks and eligibility.
• Non-Applicability: Clarifies that only federal law applicable to the U.S. Senate applies, excluding certain acts like the Prompt Payment Act.
• Assignment, Change in Control, Government/Contractor Indemnification, Renewals: Addresses these contractual aspects, often rejecting contractor-specific terms that conflict with federal law or Senate policy.
• Option to Extend: Describes the process for extending the order term.
• Recovery for Fraud: Preserves the U.S. Government's right to recover for fraud.
• Warranty: States that delivered items are warranted as merchantable and fit for purpose, with these terms governing over contractor warranties.
• General: Designates the sole agreement and supersedes prior communications.

This document is crucial for any bidder as it establishes the fundamental contractual and administrative framework for the Purchase Order. It clarifies the governing terms, defines the order of precedence for contractual documents, outlines payment and invoicing procedures, and details critical requirements related to security, data protection, and personnel. Bidders must understand these clauses to accurately assess their ability to comply with the Senate's requirements and to ensure their proposals reflect these binding conditions. Notably, it rejects many common contractor-specific terms, emphasizing adherence to Senate regulations and federal law.

Amendment / Modification

This document is an Addendum to Commercial Agreements that modifies a License Agreement between a contractor and the U.S. Senate, Office of the Sergeant at Arms (SAA). It clarifies and supersedes certain terms in the contractor's License Agreement to ensure compliance with Federal law and Senate Procurement Regulations.

Key modifications include:

• Unauthorized Obligations: Clauses requiring the SAA to pay future fees, penalties, interest, attorney fees, legal costs, or indemnify the contractor are unenforceable and deemed stricken.
• Third-Party Claims / Indemnification: Clauses giving the Contractor control over third-party claims (e.g., intellectual property infringement) are modified. The Contractor shall indemnify the SAA against such claims, with the SAA participating in defense under the control of the Department of Justice.
• Automatic Renewals: The SAA does not agree to automatic renewal provisions for licenses or software maintenance. Renewals require prior express written SAA approval.
• Audit: Clauses granting the Contractor the right to audit the SAA's use of software licenses are not permitted for security reasons. The SAA may conduct a self-audit.
• Taxes and Fees: The SAA is not responsible for any taxes or additional fees beyond the agreed contract price, including late fees or termination fees.
• Incorporating other License Terms by Reference: Terms from other documents or websites are not binding unless submitted with the proposal. Third-party terms cannot be incorporated by reference after award without modification.
• Venue; Choice of Law: The agreement is governed by Federal law and Regulations. State or foreign law provisions are deleted.
• Dispute Resolution: Mandatory arbitration is not agreed to. Disputes are resolved under Federal Tort Claims Act and Regulations. Binding arbitration is not utilized. The Contractor must proceed diligently with performance during disputes.
• Equitable or Injunctive Remedies: The SAA does not consent to equitable or injunctive relief, except as permitted by Federal law for infringement.
• Unilateral Termination by Contractor for Breach: The SAA does not agree to clauses permitting unilateral termination by the Contractor. Recourse for alleged breach must be under Part 4 of the Regulations.
• Unilateral Modification: The Contractor cannot unilaterally change license terms. Material changes require a bilateral modification.
• Advertisement: Contractors cannot advertise in a way that implies SAA approval or endorsement.
• Confidentiality: Contractors must protect contract information and not use it except for internal evaluation.
• Data Protection After Contract Termination: Contractors must return or destroy SAA/Senate information within 30 days of termination.
• Termination for Default: The SAA may terminate for default under specific circumstances (e.g., failure to deliver or perform).
• Termination for Convenience: The SAA may terminate for convenience in its best interest.
• Gratuities: The SAA may terminate for default if gratuities are offered to secure favorable treatment.
• Availability of Funds: Payment is contingent upon the availability of appropriated funds.
• Assignment by Licensor: Assignment of SAA contracts requires prior SAA approval, except for assignment to a financial institution.

This Addendum modifies various sections of the underlying License Agreement, including but not limited to obligations, claims, renewals, audits, taxes, dispute resolution, termination, and assignment.

This document does not appear to be a solicitation, therefore, there are no direct impacts on proposal submission deadlines or evaluation factors. However, bidders should review these terms carefully as they will form part of any resulting contract.

Solicitation / RFP / RFQ

This document provides instructions and requirements for submitting quotes in response to Request for Quotation 2026-R-058, concerning the U.S. Senate SAA Oracle PeopleSoft Renewal.

• Offerors must sign and return the PRICING TABLE (Excel Worksheet) with completed vendor information.

• Include any applicable End User License Agreements (EULA) and referenced Contract Terms and Conditions.

• If EULAs or Contract Terms are provided, sign and return the ADDENDUM TO COMMERCIAL AGREEMENTS (PDF). The Original Equipment Manufacturer (OEM) is encouraged to sign this Addendum.

• Resellers must provide a current statement from the OEM authorizing them to sell the product to the Federal Government in the USA.

• For telecommunications equipment or high-impact/moderate-impact information systems, provide an OEM STATEMENT OF COMPLIANCE, signed by the OEM, certifying compliance with Section 208 of the Legislative Branch Appropriations Act, 2020. Statements from non-U.S. companies are not acceptable.

• Provide Firm-Fixed-Prices on a F.O.B. Destination basis, net of shipping/handling charges.

• Quotations must include all applicable end user license agreements, contract terms, and conditions. Terms referenced as hyperlinks or in other documents are not applicable unless submitted in full text.

• Award will be made on a Lowest Price Technically Acceptable basis.

• The procurement is in accordance with Senate Procurement Regulations.

• Offerors may submit an open market quotation or a quotation under NASA SEWP, GSA Schedule, or other GWAC contracts.

• Submit documents via e-mail to Holly_McDonald@saa.senate.gov with the subject line "2025-R-058".

• Submission deadline: Friday, May 15, 2026, by 5 PM.

• E-mails without the RFQ Number in the subject line may not be accepted.

• The SAA reserves the right to reject quotations missing required RFQ line items or items that differ from specifications.

• No costs incurred in preparation or submission will be paid.

• The SAA will not provide debriefings.

• Offerors must have an active registration in the System for Award Management (SAM) database (https://www.sam.gov/) and provide their DUNS or Unique Entity Identifier.

• SAM registration must be current, complete, and accurate throughout the performance period.

• Products must be supplied directly from the OEM, authorized distributors, or authorized channels in the USA.

• This document is RFQ Instructions V6, dated August 2023.

Form / Attachment / Pricing Sheet

This document is an Original Equipment Manufacturer (OEM) Statement of Compliance regarding the limitation on telecommunications equipment procurement. It serves to confirm compliance with Section 208 of the Legislative Branch Appropriations Act, 2020, as incorporated into the Further Consolidated Appropriations Act, 2020 (P.L. 116-94).

• The statement asserts compliance with the prohibition on acquiring certain telecommunications equipment and high-impact or moderate-impact information systems.
• Compliance is defined according to the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, "Standards for Security Categorization of Federal Information and Information Systems".
• Requires the Name and Title of a Certifying Officer, their Signature, and the Date.

Bidders may be required to obtain and submit this statement from their OEMs to demonstrate compliance with federal regulations concerning telecommunications equipment, which could be a requirement for the overall opportunity.

Form / Attachment / Pricing Sheet

This document is a pricing table for Solicitation 2026-R-058, issued by the U.S. Senate Office of the Sergeant at Arms (SAA). It requires offerors to provide firm-fixed-price quotations for specified products or services.

• The table lists 16 line items detailing software products, primarily Oracle and Micro Focus, with descriptions, units of measure, quantities, and unit/total prices.
• All listed prices are currently $0.00.
• The period of performance for the items is May 30, 2025, to May 29, 2026.
• Offerors must state if their quotation is Open Market or subject to a GSA Schedule/NASA SEWP/Other GWAC.
• Price quotes must be valid until June 1, 2026.
• Shipping is F.O.B. Destination to the U.S. Senate, Washington, DC 20510. Any shipping/handling charges must be identified separately.
• Mandatory vendor information includes Company Name, Open Market/GSA/NASA SEWP status, TAX ID NO., and DUNS or Unique Entity Identifier.

This pricing table is crucial for bidders to understand the specific items being procured, their quantities, and the required format for submitting their price quotations. Bidders must complete this table accurately and ensure their pricing is valid until the specified date. Compliance with the instructions and submission requirements is mandatory for the SAA to consider the quotation.