U.S. Senate Oracle System Renewal

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 outlines terms that are unacceptable to the SAA due to conflicts with Federal law, Senate Procurement Regulations, or SAA/Senate needs. These terms will be null and void and superseded by the Addendum and Senate Purchase Order clauses.

Key modifications and clarifications 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. This applies even to "click-wrap" or "browse-wrap" agreements.
• Third-Party Claims / Indemnification: Clauses giving the Contractor control over claims involving third-party intellectual property infringement are disallowed. The Contractor must indemnify the SAA against claims arising from fraud, gross negligence, willful misconduct, or intellectual property infringement, with the SAA having the right to participate 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. The SAA may conduct a self-audit upon request.
• Taxes and Fees: The SAA is not responsible for any taxes or additional fees beyond the agreed contract price, including late fees, termination fees, or maintenance fees.
• Incorporating Other Terms: 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. Any language subjecting the SAA to state or foreign law is deleted.
• Dispute Resolution: Mandatory arbitration is not agreed to. Disputes must be resolved per Part 4 of the Regulations. The Federal Tort Claims Act and Federal Statute of Limitations apply. Contractors 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 copyright, trademark, or patent infringement.
• Unilateral Termination by Contractor: The Contractor cannot unilaterally terminate the contract. Recourse for alleged breach must be made under the Regulations.
• Unilateral Modification: The Contractor cannot unilaterally change license terms. Material changes require a bilateral modification.
• Advertisement: Contractors cannot reference SAA contracts in advertising in a way that implies SAA approval or endorsement.
• Confidentiality: Contractors must protect contract information and not disclose it to third parties or 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/Convenience: The SAA may terminate for default or convenience per specified provisions. The SAA is not liable for unaccepted services/supplies in case of termination for cause.
• 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 of payment to a financial institution.

This Addendum modifies and supersedes conflicting terms within the Contractor's License Agreement (also referred to as End User License Agreement, Terms of Service, Maintenance Agreement, etc.) and any commercial supplier agreement.

This document does not appear to directly alter proposal submission deadlines or evaluation criteria for an existing solicitation. However, it establishes critical terms and conditions that will govern any resulting contract. Bidders should carefully review these terms as they define the SAA's acceptable contract language and limitations.

Solicitation / RFP / RFQ

This document provides instructions and requirements for submitting quotes in response to Request for Quotation (RFQ) 2026-R-056 for the U.S. Senate SAA Oracle System Renewal. It outlines the necessary steps and documentation for potential offerors.

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

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

• If EULA 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 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.

• Provide Firm-Fixed-Prices on a F.O.B. Destination basis.

• Quotations must include all applicable end user license agreements, contract terms, and conditions submitted in full text.

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

• The contract will be governed by attached PURCHASE ORDER CLAUSES and ADDENDUM TO COMMERCIAL AGREEMENTS (if applicable), and GWAC terms and conditions (if applicable).

• Submit documents via e-mail to Holly_McDonald@saa.senate.gov.

• Subject line must be "2025-R-056".

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

• Early submissions are encouraged.

• 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 differing from specifications.

• Offerors must have an active registration in the System for Award Management (SAM) database (https://www.sam.gov/).

• Provide DUNS or Unique Entity Identifier.

• SAM registration must be current, complete, and accurate.

• Supply of products must be directly from the OEM, OEM authorized distributors, or OEM authorized distribution channels in the USA.

• Offer of products from foreign distributors or channels or from foreign countries is not acceptable.

• This procurement is in accordance with Senate Procurement Regulations.

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

• The SAA will not provide debriefings.

• Portable Document Format (PDF) or other images of the pricing table will not be accepted.

Form / Attachment / Pricing Sheet

This document is a pricing table for Solicitation 2026-R-056, issued by the U.S. Senate Office of the Sergeant at Arms (SAA). It is a required component of the entire Request for Quotation (RFQ).

• Basis: Firm-Fixed-Price with F.O.B. Destination shipping terms.
• Pricing Validity: Quotes must be valid until 05/30/2026.
• Line Items: Includes specific Oracle software licenses (Enterprise Edition, Diagnostics Pack, Multitenant, Tuning Pack, Real Application Clusters) for a 24-unit quantity, with a Unit Price and Total Price of $0.00 for each.
• Period of Performance: 05/22/2026 to 05/21/2027.
• Mandatory Vendor Information: Requires Company Name, Open Market/GSA/NASA SEWP status, TAX ID NO., DUNS or Unique Entity Identifier, Signature, and Printed Name/Title/Date.

Bidders must complete this pricing table accurately to submit a compliant quotation. The table specifies the exact products and quantities required, and the zero dollar ($0.00) pricing for the listed Oracle licenses indicates these may be provided at no cost or are part of a separate agreement, but must still be formally included in the quote. Bidders must also provide all mandatory vendor information and ensure their quote is valid through the specified date. Failure to comply with submission requirements may result in rejection of the quotation.

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 of the Contracting Officer, the order of precedence for incorporated documents (including pricing tables, SOW/PWS, and contractor-specific terms), security requirements, acceptance procedures, and invoicing/payment processes.

This document is crucial for potential bidders as it establishes the governing terms for any resulting purchase order. Key aspects for bidders to note include:

• Order of Precedence: Clearly defines which documents take precedence in case of conflict, with the Purchase Order clauses superseding Contractor Specific Terms unless inconsistent with Senate regulations or federal law.
• Security: Mandates compliance with all Senate security regulations for vendors and suppliers.
• Acceptance: Outlines the SAA's right to inspect and evaluate goods/services, with the ability to require correction or re-performance at no additional cost if non-conforming.
• Taxes: States that the United States Senate is tax-exempt.
• Changes: Details the process for modifications and change orders, including the contractor's right to claim equitable adjustment within thirty days.
• Payment and Invoicing: Specifies email submission of invoices to a dedicated address, payment timelines (within a reasonable time, not bound by vendor invoice due dates), and rejection of state/local sales taxes, late fees, interest, and penalties.
• Advertising: Rejects clauses in Contractor Specific Terms related to advertising and prohibits unauthorized use of Senate information for promotional purposes.
• Data Protection & Cybersecurity: Includes extensive clauses on Senate data protection, confidentiality, cybersecurity requirements, incident notification, and artificial intelligence training, emphasizing the contractor's responsibility to protect Senate data and systems.
• Personnel Security: Outlines requirements for background checks and eligibility for contractor personnel requiring access to Senate buildings, networks, or devices.
• Non-Applicability: Clarifies that only Federal law applicable to the U.S. Senate applies, and specific federal laws like the Prompt Payment Act and Contract Disputes Act do not apply.
• Termination: Details provisions for termination for cause and convenience.

Understanding these clauses is essential for bidders to assess the contractual obligations and risks associated with the opportunity.

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 the OEM's compliance with Section 208 of the Legislative Branch Appropriations Act, 2020, and related legislation, which restricts the acquisition of certain telecommunications equipment and high-impact or moderate-impact information systems.

• The statement requires the OEM to represent, to the best of its knowledge and belief, its compliance with the specified legislation.
• It references the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199 for definitions of security categorization.
• Fields are provided for the Name and Title of the Certifying Officer, their Signature, and the Date.

Bidders may be required to obtain and submit this statement from their OEMs to demonstrate compliance with procurement restrictions related to telecommunications equipment. This ensures that any equipment or systems provided under the contract adhere to federal regulations concerning national security and information systems.