U.S. Senate Oracle Enterprise Application Procurement.

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 terms in the contractor's License Agreement that conflict with Federal law, US Senate Procurement Regulations, or SAA/Senate needs.

Key modifications and clarifications include:

• Unauthorized Obligations: Clauses requiring the SAA to pay future fees, penalties, interest, attorney fees, 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 and hold harmless the SAA from 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 services; renewal requires prior express written SAA approval.
• Audit: Contractor's right to audit SAA's use of software is denied. SAA may conduct a self-audit and provide results to the contractor.
• Taxes and Fees: The SAA is not responsible for any taxes or additional fees beyond the agreed contract price.
• Incorporating other License Terms: Terms from other documents or websites do not bind the SAA 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 per Regulations. Binding arbitration is not utilized. Claims are determined under the Federal Tort Claims Act. Contractor must proceed diligently with performance during disputes.
• Equitable or Injunctive Remedies: SAA does not consent to clauses granting contractors equitable or injunctive relief, except as permitted by Federal law.
• Unilateral Termination by Contractor: Contractor cannot unilaterally terminate or suspend rights granted to the SAA. Recourse for alleged breach must be made under Regulations.
• Unilateral Modification: Contractor cannot unilaterally change license terms. Material changes require bilateral modification.
• Advertisement: Contractor shall not imply SAA approval or endorsement in advertising.
• Confidentiality: Contractor must protect contract information and not use it except for internal evaluation of the relationship with SAA.
• Data Protection After Contract Termination: Contractor must return or destroy SAA/Senate information within 30 days of termination.
• Termination for Default: SAA may terminate for contractor's failure to deliver, perform, or make progress. SAA is not liable for unaccepted services/supplies in case of termination for cause.
• Termination for Convenience: SAA may terminate for convenience, liable only for services rendered prior to termination.
• Gratuities: SAA may terminate for default if gratuities are offered to secure favorable treatment.
• Availability of Funds: Payment obligation is contingent upon availability of appropriated funds.
• Assignment by Licensor: Assignment of SAA contracts requires prior SAA approval, except for assignment of payment to a financial institution.

This Addendum modifies various sections of the contractor's License Agreement, including but not limited to clauses related to unauthorized obligations, third-party claims, automatic renewals, audits, taxes, venue, dispute resolution, termination, and assignment.

This document does not appear to be a solicitation, RFP, or RFQ, and therefore does not contain submission deadlines or evaluation criteria. It modifies the terms of a potential future contract based on a License Agreement.

Form / Attachment / Pricing Sheet

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

• The statement confirms that the OEM is in compliance with the specified legislation.
• This legislation prohibits the acquisition of certain telecommunications equipment and high-impact or moderate-impact information systems, as defined by NIST.
• The form requires the Name and Title of a Certifying Officer, their Signature, and the Date.

Bidders may need to provide this completed statement as part of their proposal to demonstrate compliance with federal regulations concerning telecommunications equipment procurement. It indicates a specific regulatory requirement that may affect the products or services offered.

Solicitation / RFP / RFQ

This document provides instructions and requirements for submitting quotes in response to Request for Quotation (RFQ) 2026-R-027 for U.S. Senate Oracle Enterprise Application Procurement.

• Submit a signed PRICING TABLE (Excel Worksheet) with mandatory vendor information.

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

• If EULAs or Contract Terms are provided, sign and return the ADDENDUM TO COMMERCIAL AGREEMENTS (PDF).

• Resellers must provide a current statement from the Original Equipment Manufacturer (OEM) authorizing the sale of 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 verifying compliance with Section 208 of the Legislative Branch Appropriations Act, 2020.

• 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, or terms used in sales to government agencies. Terms referenced as hyperlinks or in other documents are not applicable unless submitted in full text.

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

• 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.

• Subject line must be "2026-R-027".

• Submission deadline: 5:00 PM on February 3, 2025. Early submissions are encouraged.

• E-mails not referencing 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 differing from specifications.

• Offerors must have an active registration in the System for Award Management (SAM) database.

• OEM Statement of Compliance provided by a non-U.S. company is not acceptable.

• The SAA will not provide debriefings.

• This request does not commit the SAA to pay any costs incurred in preparation or submission, nor to purchase or contract for any item.

Form / Attachment / Pricing Sheet

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 serves to define the contractual relationship and govern the performance of the Contractor.

• Authority: Establishes the SAA Contracting Officer's authority and the requirement for written Change Orders for modifications.
• Order of Precedence: Defines the hierarchy of documents in case of conflict, prioritizing the Pricing Table and Scope of Work over other terms.
• Security: Mandates Contractor compliance with all Senate security regulations.
• Acceptance: Outlines the SAA's right to inspect and evaluate goods/services, with provisions for correction or re-performance if non-conforming.
• Incorporating other Terms by Reference: Rejects terms referenced as hyperlinks or in other documents unless submitted in full text with the quotation. Post-award modifications require bilateral agreement.
• Price: Allows for Contractor-initiated price reductions but requires mutual agreement for increases.
• Taxes: States the U.S. Senate is tax-exempt.
• Changes: Details the Contracting Officer's authority to make changes via modification or change order, and the Contractor's right to claim equitable adjustment.
• Payment and Invoicing: Specifies invoicing procedures, payment timelines (within a reasonable time, not bound by vendor invoice dates), and rejection of certain charges (sales taxes, late fees, interest, penalties).
• Advertising: Rejects clauses related to advertising and restricts promotional activities without prior written approval.
• Gratuities: Outlines termination rights and penalties for offering gratuities.
• Conflict of Interest: Requires Contractor to warrant no conflict of interest and cooperate with investigations.
• Termination for Cause/Convenience: Reserves the SAA's right to terminate for cause or convenience.
• Excusable Delay: Defines conditions for excusable delays.
• Disputes: Specifies that disputes will be decided per U.S. Senate Procurement Regulations and applicable Federal law, rejecting Contractor-chosen ADR.
• Senate Data Protection: Defines terms related to Senate data and requires Contractor to protect it, notify of legal processes, and not disclose without authorization.
• Cybersecurity: Mandates Contractor take reasonable steps to protect IT assets and data, ensure adequacy of assets, comply with PII regulations, and establish disaster recovery plans.
• Data Transfer: Requires secure treatment of Senate Data and no transfer outside the U.S.
• Artificial Intelligence Training: Reserves Senate rights regarding the use of Senate data for AI training.
• Data Return: Requires return or destruction of SAA or Senate Data upon order conclusion.
• Incident Notification: Mandates reporting of security incidents to the SAA Security Operations Center.
• Personnel Security: Outlines requirements for background checks and eligibility for Contractor personnel requiring access to Senate buildings or networks.
• Non-Applicability: Clarifies that only Federal law applicable to the U.S. Senate applies, excluding certain acts like the Prompt Payment Act.
• Assignment: Subject to Anti-Assignment statutes.
• Change in Control: Requires Contractor notification of changes in ownership.
• Government Indemnification: Rejects Contractor-seeking indemnification agreements.
• Contractor Indemnities: Rejects clauses that give the Contractor sole control over litigation.
• Renewals: Rejects clauses for automatic renewals.
• Option to Extend the Term: Outlines SAA's right to extend the order.
• Recovery for Fraud: Preserves U.S. Government's right to recover for fraud.
• Warranty: States Contractor warrants items are merchantable and fit for purpose, with these terms governing in case of conflict.
• General: Designates Acquisitions@saa.senate.gov for communications and states the Order constitutes the sole agreement.

This document is critical for any potential bidder as it establishes the fundamental legal and contractual framework for any resulting Purchase Order. Bidders must understand these clauses to assess their ability to comply with the requirements, particularly regarding security, data protection, invoicing, payment terms, and termination conditions. It also clarifies which terms will supersede others in case of discrepancies with any Contractor-provided terms.

Form / Attachment / Pricing Sheet

This document is a pricing table for Solicitation 2026-R-027, issued by the U.S. Senate Office of the Sergeant at Arms (SAA). It serves as a key component of the entire Request for Quotation (RFQ).

• Basis: Firm-Fixed-Price with F.O.B. Destination shipping terms.
• Pricing Structure: Includes a Base Year and four Option Years.
• Items: Primarily lists "PeopleSoft Enterprise Time and Labor" and "PeopleSoft Enterprise Absence Management" software, along with their associated "Software Update License & Support" for each year.
• Quantities: A quantity of 1300 units is specified for each item per year.
• Pricing: All unit prices and total prices are currently listed as $0.00. Bidders must provide their own pricing.
• Validity: Price quotes must be valid until 04/01/2026.
• Compliance: The SAA reserves the right to reject quotations not compliant with the RFQ's "Instructions & Submission Requirements."
• Vendor Information: Requires mandatory vendor details including Company Name, Open Market/GSA/NASA SEWP status, Tax ID, DUNS/UEI, Signature, and Printed Name/Title/Date.

Bidders must use this table to enter their proposed pricing for the specified PeopleSoft software licenses and support. The table outlines the structure for the quotation, including the base year and option years. Failure to comply with the RFQ's instructions and submission requirements, as indicated in this document, may result in rejection. Bidders must also complete all mandatory vendor information fields.