Active Target Price (ATP) means the mechanism available to the Buyer that enables the Buyer to establish a price-point that must be underbid before a Bid will receive a LEAD Bid Status. (NOTE: ATP is usually based on a published catalog price or valid market research quote and is not visible to Sellers. FedBid reserves the right to remove an ATP when, in FedBid’s sole discretion, such ATP is materially inaccurate or violates the integrity of the FedBid marketplace.)
ActivityCard® means the Web Site feature that compiles Seller activity metrics based on the Seller’s use of FedBid.
Attachments mean electronic files, either posted by Buyers, describing statements-of-work (SOWs) or other aspects of a Specification, or posted or otherwise submitted by Sellers as part of or to supplement their Bid. Attachments may include narratives, forms, and drawings in various document file types including Microsoft Word (.doc), Microsoft Excel (.xls), Microsoft PowerPoint (.ppt), and Adobe (.pdf) but cannot include pricing Information.
Authorization Number means the identification number or alphanumeric sequence that represents the issuance of an Order from the Buyer to the Selected Seller. (NOTE: Typical Authorization Numbers are contained in: purchase orders, requisitions, or purchase/credit card authorizations.)
Best Price means the Ranking Criterion that ranks Bids based exclusively on price; however, Buyers may also consider Offline Factors without communicating such on the Web Site.
Bid means the Seller’s accurate, good faith, binding offer to the Buyer to sell, at a certain price and during a certain period of time specified by the Buyer, Commercial Items that conform to the Specifications and terms of the IFB in response to which such offer is submitted. A Bid must be received through the Web Site prior to the expiration of the Reverse eAuction as specified in the IFB and as determined by the Web Site system clock. Partial Bids are not permitted under a Reverse eAuction and will be removed from the Web Site.
Bid Decrement means the bidding requirement, as established by the Buyer for an individual IFB, which dictates the minimum reduction in price between a Bid and the subsequent re-Bid submitted by a specific Seller.
Bid Price means the cumulative dollar amount, including Shipping Costs and FedBid Fees, of a Bid.
Bid Status means the position of a Bid throughout the Reverse eAuction process relative to other Bids or Active Target Price (ATP), and includes the following identifiers:
- LEAD means that a Bid is in the lead position at a specific moment in time during the Reverse eAuction process;
- LAG means that a Bid is NOT in the lead position at a specific moment in time during the Reverse eAuction process and that it may be lagging to competitor Bids and/or an Active Target Price (ATP).
- LEAD - Pending Selection means that a Bid is in the lead position once the Reverse eAuction process has ended, but is awaiting the Buyer’s award or cancellation decision;
- LAG - Pending Selection means that a Bid is NOT in the lead position once the Reverse eAuction process has ended; and that it may be lagging to competitor Bids and/or an Active Target Price (ATP) but is awaiting the Buyer’s award or cancellation decision.
- Selected means that the Buyer has chosen the Bid as the best Bid, and that the Buyer intends to issue an Order to the respective Seller;
- Not Selected means that the Buyer has NOT chosen the Bid as the best Bid, and that the Buyer intends to issue an Order to another Seller; and
- Cancelled means that the Buyer has withdrawn the Reverse eAuction from FedBid, with the right to RePost a modified Reverse eAuction or end the competition permanently.
Bid Validation means the effort of FedBid to verify and/or confirm Seller’s compliance with Specifications and/or Buy Terms. Any objective compliance issues are communicated to the Buyer to assist him or her with the due diligence process. This information is solely for the Buyer’s reference as he or she conducts their own due diligence. FedBid itself is not involved in any award decisions.
Buy means a Reverse eAuction. Individual Buys are identified by a unique Buy number.
Buyer means a governmental, educational, or business entity or authorized representative of such entity that utilizes the Services to purchase Commercial Items from Sellers.
Commercial Items means products or simple services, typically as defined in the FAR at 48 CFR 2.101, solicited by Buyers from Sellers on the Web Site. The sale of used or refurbished products is prohibited, unless specifically requested in writing by the Buyer. The sale of “gray market goods”, defined as goods sold through distribution channels not authorized by the manufacturer of the goods, is prohibited.
Contract Type means the Buyer’s request to receive Bids consisting of items that are currently approved on the referenced contract vehicle option as described on the Web Site as follows (subject to change from time to time):
- "Open Market" (Non-contract based bids)
- "GSA Schedules"
- "Army CHESS"
- "DHS FirstSource II"
- "DHS TacCom"
- "NASA SEWP V"
- "NIH CIO-CS"
- "VA FSS Contracts"
- "Other" (Buyer defined)
FedBid means the providers of FedBid® online procurement services through the Services, and said providers’ employees, agents, subcontractors, successors, officers, directors, stockholders, assigns, subsidiaries and affiliates.
FedBid Authorized Agent means the party, specified in the IFB, authorized by FedBid to receive payment of the FedBid Fee.
FedBid Fees means fees applied to the transaction by FedBid, including the Transaction Fee or Savings Share, as well as any subscription and/or per-event management fees, as determined by the Buyer. Only the Selected Seller incurs FedBid Fees, which must be received by FedBid or the FedBid Authorized Agent by the Payment Due Date. Sellers not selected do not incur any FedBid Fees.
FedBizOpps (FBO) means a single point of entry for U.S. federal government Buyers to publish, and for Sellers to find, posted U.S. federal government business opportunities across departments and agencies that exceed $25,000 in value or may not be available on a pre-competed Government-Wide Acquisition Contract (GWAC).
Flagged Seller means a Selected Seller that incurs an ActivityCard Seller Activity Note from the Buyer due to the Selected Seller’s materially problematic performance under an Order.
Independent Venue means an established commercial entity that neither exerts nor proposes to exert influence to solicit or obtain contracts for the Commercial Items solicited by Buyers or offered by Sellers through the Web Site.
Information: includes any information provided to FedBid or others by You or to You by FedBid or others during registration, bidding, payment or other use of the Services. Information includes, but is not limited to, data contained in product catalog content from Sellers, IFBs, Bids, Registration Information, ActivityCard Information, About Seller Information, Orders and descriptions of Commercial Items, all of which may include company names, addresses, phone numbers, e-mail addresses and other information, including personally identifying information that can be used to distinguish or trace an individual’s identity or other personal details.
Late Bid means any offer received through the Web Site after the expiration of the Buy process as specified in the IFB and as determined by the Web Site system clock.
No Bid means the Seller’s notification to the Buyer communicating the Seller’s decision not to Bid on an IFB.
Offline Factors means any criteria, including, but not limited to, past performance, source rotation, delivery capability, warranty, and socio-economic classifications, but excluding Best Price, used by the Buyer to evaluate Bids. Buyers always maintain the right to operate according to their applicable acquisition regulations and/or departmental guidelines, and Offline Factors must be articulated in the IFB to the extent required by such regulations and/or guidelines.
Order means a written instruction or direction from the Buyer to the Selected Seller, or, if the Selected Seller is an authorized representative or agent of a third party, to such third party, including purchase orders, or requisitions or purchase/credit card authorizations, authorizing the purchase of Commercial Items pursuant to a Buy.
Partial Bid means a bid submitted through the Website by a Seller, which does not qualify as an acceptable Bid under a Reverse eAuction because it fails to include all required line items or other Specifications. Partial Bids are not permitted in a Reverse eAuction and will be removed from the Web Site.
Payment Due Date means the date for transactions, sixty (60) days after the date of the invoice sent by FedBid to Selected Seller, by which FedBid must receive from the Selected Seller all FedBid Fees.
Registration Information includes company names, addresses, Tax ID or EIN, DUNS numbers, phone numbers, e-mail addresses and any other information required to become a Subscriber.
RePost means that a previously posted IFB has been Cancelled and posted anew due to a change in Specifications, duration, or other term or condition.
Reverse eAuction (or Auction) means a web-based auction process that allows Buyers to solicit and collect Bids from Sellers for Commercial Items in real-time by posting requirements and receiving decreasing incremental Bids from Sellers.
Selected Bid means a Bid submitted by a Seller in response to an IFB, which Bid meets or exceeds the Buyer’s requirements and is accepted by the Buyer pursuant to the terms of the Bid.
Selected Seller means the Seller that submits the Selected Bid.
Seller means a business, educational, or governmental entity or authorized representative or agent of such entity, including an authorized reseller or subcontractor, that utilizes the Services to sell Commercial Items to Buyers.
Seller Activity Note means the notice submitted by a Buyer containing information regarding the Flagged Seller’s performance under an Order. The Seller Activity Note authorizes FedBid to make the Buyer’s contact Information available to the Flagged Seller and to other Buyers considering the Flagged Seller for future awards, allowing those Buyers to contact the submitting Buyer to inquire regarding the relevant performance issue. FedBid reserves the right to submit a Seller Activity Note to a Flagged Seller’s ActivityCard for failure to remit fees associated with an award.
Services means the FedBid® online procurement services, including Reverse eAuction services, and all associated activities and transactions, conducted through and in conjunction with the Web Site.
Specifications means ALL attributes associated with an IFB, including but not limited to: Seller type, end date, end time, total Bid decrement, Bid Information, contract Information, options, shipping Information, Bid term(s), bidding instructions, line item(s), and all referenced or inferred regulations and/or all referenced ancillary Information/documents. NOTE: Failure to adhere to ALL Specifications (e.g., submission of Partial Bids under a Reverse eAuction competition) will result in a non-compliant bid, which will be removed from the Web Site.
Transaction Fee means a fee charged by FedBid to the Selected Seller. Transaction Fees are variable pursuant to FedBid’s Pricing Policy, which is based on the category of Commercial Items sold or the volume or other commitment of a Subscriber.
Virus means viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal Information.
Web Site means the web site at www.FedBid.com and all associated online web sites through which Services are provided.
User Authorization, Representations and Warranties
Eligibility and Registration
The Services are available only to Subscribers. FedBid may refuse the Services to any person or any entity at any time, in FedBid’s sole discretion. Subscribers must provide current, complete and accurate Registration Information, and update the Registration Information as required to ensure its completeness and accuracy. FedBid will evaluate the submitted registration form in good faith and will notify the registrant in a timely manner regarding FedBid’s acceptance or rejection of the registration form. FedBid may reject a submitted registration form if it determines in its sole discretion that the registrant is not qualified to be a Subscriber.
FedBid Is Only a Venue; Limitation of Liability and Relationship
The Web Site provides an Independent Venue for Sellers to offer and sell Commercial Items and for Buyers to post IFBs and purchase Commercial Items from Sellers. FedBid has no control over the quality, safety or legality of the Commercial Items offered and sold, the accuracy of any related content, the ability of Sellers to sell Commercial Items or the actual intent of Buyers to buy Commercial Items. Although FedBid performs limited due diligence to qualify Sellers and Buyers as Subscribers, FedBid does not guarantee nor does it control whether Sellers will complete the sale of Commercial Items they offer or whether Buyers will complete the purchase of Commercial Items for which they have requested Bids. Buyers may submit IFBs on an anonymous basis. Because FedBid does not and cannot control the actions of users of the Web Site, in the event that You have a dispute with one or more users, You agree to release FedBid from any and all claims, demands and damages (actual, direct, indirect, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. You also agree to waive the provisions of any state law limiting or prohibiting a general release.
The Bid Process is as follows: 1) The Buyer posts an IFB; 2) Each Seller reviews the Specifications and either submits or does not submit a Bid (during the Reverse eAuction process, each Seller may submit multiple Bids). If a Seller has questions or issues about any of the Buyer’s Specifications and/or Buy Terms, the Seller must submit a question through the FedBid system instead of intentionally submitting a partial or non-compliant bid; 3) If Seller submits a Bid, Seller MUST proactively confirm compliance with all Specifications and Buy Terms and be responsive to all Bid Validation or Due Diligence requests, either from FedBid’s Quality Assurance Department or the Buyer; or if Seller chooses not to submit a Bid, Seller may submit a No Bid or not respond; 4) The Buyer reviews Bids, performs Due Diligence, and decides to: i) Cancel the IFB, in which case all participating Sellers will be notified, ii) RePost the IFB with modifications, in which case the Bid Process begins anew, iii) Extend the Buy to allow for more Bids to be submitted; or iv) Select a Bid, in which case the Buyer enters the Authorization Number into the Web Site, and each party receives the other party’s contact Information; and 5) Those Sellers not selected may view the Selected Bid amount and, as permitted by the Buyer, the identity of the Selected Seller. All Sellers submitting Bids on an IFB will compete in the Buy until the Buy process expires as specified in the IFB and as determined by the Web Site system clock. Throughout the bidding process, FedBid will rank the Bids based on Best Price; however, the Buyer maintains the right to use Offline Factors for award decisions. FedBid will provide Sellers with their Bid Status, consisting of: LEAD or LAG; LEAD-Pending Selection or LAG-Pending Selection; Selected or Not Selected; or Cancelled. If two or more equal Bids are submitted, they will be ranked according to time of submission, with the previously submitted equal Bid leading as compared to any subsequently submitted equal Bid. Buys shall take place Monday through Friday between 11 a.m. and 6 p.m., Eastern Time, unless otherwise specified by the Buyer. A Buyer is NEVER obligated to complete the transaction, regardless of the status of the Buy, and a Buyer may select any of the participating Sellers in order to obtain the most advantageous Bid in accordance with their contracting authority and applicable rules and regulations; however, the Selected Seller may not retract or cancel its Selected Bid except in the extraordinary event that the Buyer: (a) materially changes the description and/or quantity of the Commercial Items specified in the IFB, (b) has materially misrepresented the Commercial Items in the IFB, or (c) a system error has occurred on the Web Site creating an error in the Bid(s) or IFB. A Buyer cannot award specific IFB line items to multiple Sellers or otherwise designate more than one Selected Seller per Buy unless specified to the contrary in the IFB. A Buyer cannot solicit or accept Partial Bids in a Reverse eAuction. Non-compliance with FedBid’s Bid Process may subject You to negative ratings from FedBid Subscribers and may lead to suspension or revocation of some or all of Your FedBid access privileges. UNLESS OTHERWISE STATED IN THE IFB, BIDS SUBMITTED BY SELLERS IN RESPONSE TO AN IFB MUST BE IN U.S. DOLLARS AND MUST NOT INCLUDE ANY SALES TAX (STATE, LOCAL OR OTHERWISE) OR ORDER COSTS.
No Late Bid will qualify as a Bid unless specifically authorized by the Buyer. The Web Site will ONLY issue an error message to a Seller at the time the Late Bid is recognized by the Web Site system clock. The Web Site system clock is the only determining authority regarding timing for all systems activities. Sellers are encouraged to submit Bids at the earliest possible time in order to avoid potential transfer issues associated with utilizing the Internet.
Extending the Buy
Buyers may choose to extend the duration of the Buy either before the expiration of the Buy or up to two (2) weeks after the expiration of the Buy. If the Buy is extended before the initial Buy expires, Sellers may continue to submit Bids through the revised expiration period. If the Buy is extended after the initial Buy expires, Sellers may submit additional Bids only after the extended period begins.
Subscribing to FedBid is free to Buyers and Sellers; however, FedBid applies a Transaction Fee to all Bids within a particular Buy and includes the Transaction Fee in the total Bid Price submitted to the Buyer for consideration. Unless otherwise agreed by FedBid and Buyer, the resulting FedBid Fee for any Buy is included in the payment from the Buyer to the Selected Seller or the third party for which the Selected Seller is acting as authorized representative or agent. ACCORDINGLY, EACH SELLER ACKNOWLEDGES AND AGREES THAT ALL FEDBID FEES ARE THE PROPERTY OF FEDBID AND THAT, AS SELECTED SELLER, IT WILL REMIT TO FEDBID OR, IF APPLICABLE, THE FEDBID AUTHORIZED AGENT, ALL FEDBID FEES BY THE PAYMENT DUE DATE AND THAT FAILURE TO DO SO WILL RESULT IN SELECTED SELLER BEING SUBJECT TO INTEREST PAYMENTS AND OTHER PENALTIES, UP TO AND INCLUDING COLLECTIONS ACTIVITY, REPORTING TO CREDIT AND OTHER BUSINESS RATING ORGANIZATIONS, LEGAL ACTION, AND WEB SITE ACCESS REVOCATION. Unless specifically authorized by FedBid, Sellers are prohibited from submitting to the Buyer pricing Information related to a Buy except in accordance with the Bid Process, set forth above. Such submission may constitute a Transaction By Other Means, as set forth, below, and result in revocation or suspension of some or all of Seller’s FedBid access privileges. Should Buyer request pricing confirmation from Seller after the Buy ends, Seller must provide the Bid Price (which includes the FedBid Fee) to Buyer. Should the Seller provide any pricing information other than Bid Price to the Buyer, resulting in exclusion of the FedBid Fee from Buyer’s Order, Seller will remain liable for full payment to FedBid of the FedBid Fee as provided herein. Buyers and Sellers are responsible for paying all expenses associated with conducting their respective businesses, whether selling, bidding, or buying through FedBid or accessing the Web Site. FedBid retains the right to institute subscription and/or per-event management fees based on written request or authorization from applicable parties. If FedBid receives notice that, due to inclusion of the FedBid Fee, the Selected Bid’s line item pricing is higher than the pricing for the same item in the Selected Seller’s applicable (i.e., matching the Contract Type specified by the Buyer in the IFB) published government contract, the FedBid Fee will be adjusted to ensure the Selected Bid’s line item pricing does not exceed the Selected Seller’s applicable published government contract pricing. Such notice from the Selected Seller must include either an active link to the applicable published government contract and pricing (e.g. GSA Advantage, etc.) or a copy of the applicable portion of the contract and pricing and should be submitted to ClientServices@FedBid.com at or before expiration of the Buy Process as specified in the IFB and as determined by the Web Site system clock.
Shipping and Delivery
All Orders placed through FedBid shall be shipped and delivered in accordance with the Specifications set forth by the Buyer in the IFB. The default shipping condition is set as free-on-board destination (FOB Destination) within the CONtinental United States (CONUS) standard ground transportation. A Selected Seller’s failure to ship and deliver in compliance with the Specifications may subject such party to negative ratings from Buyers and may lead to suspension or revocation of some or all of such party’s FedBid access privileges. In addition, a Selected Seller’s failure to ship and deliver in compliance with the Specifications resulting in the Buyer’s partial payment or non-payment to the Selected Seller shall not relieve the Selected Seller of its obligation to submit all FedBid Fees by the Payment Due Date.
General Payment Terms for Standard Payment Process
Incomplete Transactions and Refunds
Transactions by Other Means
FedBid is only an Independent Venue. All returns, replacements, technical services and support shall be in accordance with the Selected Seller’s standard commercial terms and conditions or as specifically stated by a Buyer within Specifications and must be handled directly by the Selected Seller or manufacturer, if applicable, and independently from FedBid. FedBid may assist the Buyer in working with the Selected Seller to help the Buyer receive optimal customer service from the Selected Seller but shall not be responsible for issuing proper return authorizations on behalf of the Selected Seller. If the Buyer does not have complete contact Information for the Selected Seller or manufacturer, the Buyer may contact FedBid customer support at 1-877-933-3243 or e-mail us at ClientServices@FedBid.com, and FedBid will provide such Information.
Commercial Items Descriptions
Commercial Items descriptions are not verified or substantiated by FedBid, and We cannot be held responsible in any way for any inaccuracies or omissions in such Information, whether from Sellers, FedBid or any third parties.
FedBid ActivityCard® Feature
FedBid’s ActivityCard® feature has been created to enhance the functionality of the Services by allowing market forces to encourage and maintain quality performance by Selected Sellers, Buyer confidence in Selected Sellers, and Seller confidence in the caliber of competitors. ActivityCard functions by establishing an Information baseline for each Seller, which provides Buyers with the following Information regarding Seller activity on the Web Site: 1) Member Since - how long the Seller has been active on the Web Site, 2) Total Awards - the total number and dollar value of Orders awarded to the Seller through FedBid, 3) Actively Bidding Since by Buyer - how long Seller has been actively bidding on Reverse eAuctions posted by a particular Buyer, 4) Awards by Buyer - the number and dollar value of Orders awarded by Buyer (Awards by Buyer is not available for Buyers that are commercial entities), and 5) Alerts - the number of Seller Activeity Notes submitted by Buyers in response to performance by the Seller (Alerts may not be available for Buyers that are commercial entities).
The ActivityCard feature operates on the premise that a Seller’s performance has been satisfactory unless otherwise noted by a Buyer. In case a Buyer experiences a materially problematic performance issue with a Selected Seller, or should the Buyer wish to denote positive feedback information, the ActivityCard feature provides Buyers with the opportunity to submit a Seller Activity Note. The Seller Activity Note authorizes FedBid to make the Buyer’s contact Information available to the Flagged Seller and to other Buyers considering the Flagged Seller as a Selected Seller. Note: THE SELLER ACTIVITY NOTE IS NOT A PERFORMANCE REVIEW AND FEDBID DOES NOT SUBMIT SELLER ACTIVITY NOTES ON BEHALF OF BUYERS OR ANY OTHER PARTY. FedBid reserves the right to submit a Seller Activity Note to a Flagged Seller’s ActivityCard for failure to remit fees associated with an award. If a Buyer submits a Seller Activity Note, the Flagged Seller will have a flag attached to its profile. Any Buyer in a subsequent Reverse eAuction in which the Flagged Seller participates then may contact the Buyer that submitted the Seller Activity Note. In addition, the Seller Activity Note will appear in the Flagged Seller’s FedBid profile on the “ActivityCard” page under “My Profile”, together with the Buyer’s contact Information, allowing the Flagged Seller to contact the Buyer for additional information or to resolve the issue.
The ActivityCard feature compiles and displays cumulative Seller activity Information, except that Seller Activity Notes older than 18 months are not displayed to Buyer or Seller. FedBid maintains all Information, including Performance Alert data, according to FedBid internal data archiving policies. Neither Buyers nor Sellers shall initiate any action that might undermine the integrity of the ActivityCard. Buyers must be prepared to provide Information related to those Seller Activity Notes to other Buyers and to the Flagged Seller. Flagged Sellers may contact the Buyer that submitted the Seller Activity Note, but any dispute between a Flagged Seller and a Buyer must be settled according to applicable federal, state or local procurement laws and any other terms and conditions contained in the Order giving rise to the dispute. In no case may any party engage in any harassing, hostile or otherwise unprofessional behavior. Buyer agrees to indemnify, hold harmless, and at FedBid’s discretion, defend FedBid against any and all suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorney and accounting fees) arising from Buyer’s submission of a false or misleading Seller Activity Note. Contact us at ActivityCard@FedBid.com with any questions or comments regarding this feature.
About Seller Feature
Through its About Seller feature, FedBid provides Sellers the opportunity to provide Information viewable by Buyers as part of Seller’s Information profile on the Web Site. Sellers are required to adhere to the Information requirements, as set forth in the Information clause, above. ALL INFORMATION SUBMITTED BY THE SELLER FOR INCLUSION IN THE ABOUT SELLER FEATURE IS VOLUNTARILY PROVIDED BY THE SELLER, AND FEDBID IS NOT RESPONSIBLE FOR THE ACCURACY OR CONTENT OF SUCH INFORMATION. Contact AboutSeller@FedBid.com with any questions or comments regarding this feature.
Buyers consider anonymity to be of significant value during the IFB and bidding process. Accordingly, FedBid shall not reveal the identities of the Buyer until such time as such Information is required to be provided by law or in order to complete a transaction as described above. In addition, during the Reverse eAuction, FedBid may not reveal the identity of the participating Sellers in connection with their respective Bids, to other Sellers, unless specifically requested by Buyer. We expect all Subscribers to honor a party’s desire to remain anonymous. Nevertheless, use of the Web Site, the Services, or any Information gained from use thereof (including but not limited to the Commercial Items packaging or the serial numbers of purchased Commercial Items) in an attempt to compromise the anonymity of other Subscribers and/or circumvent the Services is strictly forbidden. FedBid retains the right to pursue legal action against any person or organization We suspect of violating this policy.
System and Business Integrity
You agree not to use any device, software or routine or otherwise take any action to interfere or attempt to interfere with the proper working of the Web Site, any listing being conducted on the Web Site, or our Services. You agree not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with our business operations. You agree not to take any action that disrupts, harms, or otherwise interferes with FedBid’s business relationships. You may not disclose or share Your password to any third parties or use Your password for any unauthorized purpose.
Right to Terminate
FedBid reserves the right in its sole discretion to refuse the Services to any party at any time.
YOU AGREE YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED, “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR THE INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR COMMERCIAL ITEMS PURCHASED OR SOLD OR INTENDED TO BE PURCHASED OR SOLD THROUGH OR IN CONNECTION WITH THE SERVICES. SPECIFICALLY, FEDBID DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION, SERVICES OR COMMERCIAL ITEMS; 2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND 3) ANY WARRANTIES CONCERNING THE ABILITY OF A SUBSCRIBER TO PROVIDE OR DELIVER ANY COMMERCIAL ITEMS OR TO PAY A SUBSCRIBER FOR ANY COMMERCIAL ITEMS. EXCEPT FOR DAMAGES OR INJURY CAUSED BY FEDBID’S WILFUL MISAPPROPRIATION OF A SELLER’S INTELLECTUAL PROPERTY RIGHTS, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMMERCIAL ITEMS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LIABILITY OR CAUSE OF ACTION.
LIMITATION OF LIABILITY
Third Party Content and Links
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Services and Your Bids for, or purchase or sale of, Commercial Items. Failure to provide full, accurate, and complete Information as required by the IFB may subject You to penalties for making false statements, as prescribed in 18 U.S.C. 1001. Note that purchase and sale of certain items, defined as "defense articles" under 22 C.F.R. 120.6 may be subject to the International Traffic in Arms Regulations (ITAR) and require the Buyer and/or Seller, as applicable, to have appropriate export authority from the U.S. Department of State prior to posting or bidding through the Web Site.
Except as explicitly stated otherwise, any notices shall be sent via e-mail to ClientServices@FedBid.com (in the case of notice to FedBid), or to the e-mail address You provide to FedBid during the registration process (in the case of notice to You) or to such other address as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, FedBid may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to FedBid during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
FedBid does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site and FedBid will remove all content, Information, or other provided material if properly notified that such content or other material infringes another’s intellectual property rights. FedBid reserves the right to remove any content or material without prior notice.
If You are a copyright owner or an agent thereof and believe that any content or material on the Web Site infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing FedBid’s copyright agent with the following information in writing: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) A description of the copyrighted work or other intellectual property that You claim has been infringed; 3) A description of where the material that You claim is infringing is located on the Web Site; 4) Your address, telephone number, and email address; 5) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. FedBid’s designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: i) By mail: FedBid, Inc., 8500 Leesburg Pike, Suite 602, Vienna, Virginia 22182; ii) By email: email@example.com; iii) By fax: FedBid, Inc., ATTN: Copyright Agent, 703-442-7821. You acknowledge that if You fail to comply with all of the above requirements, Your DMCA notice may not be valid.
THE FOLLOWING SECTION APPLIES TO U.S. PUBLIC SECTOR BUYERS ONLY:
THE FOLLOWING SECTIONS APPLY TO U.S. FEDERAL GOVERNMENT BUYERS ONLY:
FedBizOpps (FBO); Buyer Information
Buyers may use FedBid to simultaneously post an IFB on FedBid and, if applicable, post a combined synopsis/solicitation on FBO. Federal government Buyers may use FedBid and FBO in a complementary manner to: 1) Comply with the Federal Acquisition Requirement FBO usage requirement; 2) Increase Seller awareness of and access to U.S. federal business opportunities; 3) Automate the bid collection process; and 4) Ensure price reasonableness. This capability has been achieved by complying with FBO’s easy data exchange interface between FBO and each Buyer agency’s electronic procurement system. Even though FBO accommodates Buyer submissions using different Internet protocols (SMTP, FTP, HTTP) for communications, it employs a standard data exchange protocol, which was developed in accordance with FAR guidelines - (see Subpart 5.2, Synopses of Proposed Contract Actions, at http://www.acquisition.gov/far/. The FBO data exchange protocol is based on a set of formatted, tagged document templates, each of which represents a specific type of acquisition transaction. FBO Release 3, Phase 2 (February 2004), adds the NAICS code field, where appropriate, to existing templates and adds a new template for amending a Combined Synopsis/Solicitation. Buyers will be required to have approval from their respective agencies to use the FedBid/FBO capability. Each federal Buyer agency maintains ownership of its Information, and FedBid will provide such Information to such Buyer agency as part of its Services.