Laserfiche WebLink
Kittitas CO Patrol Services, Washington SOLICITATION NO. 140L4325Q0056 <br />BLM Spokane District Page 22 of 65 <br /> (u) Unauthorized Obligations. <br />(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is <br />subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or <br />agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity <br />for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. <br />1341), the following shall govern: <br /> (i) Any such clause is unenforceable against the Government. <br /> (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to <br />such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, <br />TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable <br />mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any <br />Government authorized end user to such clause. <br /> (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or <br />agreement. <br /> (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly <br />authorized by statute and specifically authorized under applicable agency regulations and procedures. <br /> (v) Incorporation by reference. The Contractor’s representations and certifications, including those completed <br />electronically via the System for Award Management (SAM), are incorporated by reference into the contract. <br />(End of clause) <br />52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR <br />EXECUTIVE ORDERS— COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) <br />(DEVIATION FEB 2025) <br />(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are <br />incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to <br />acquisitions of commercial products and commercial services: <br />(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN <br />2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 <br />(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing <br />resolutions)). <br />(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by <br />Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). <br />(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance <br />Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). <br />(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). <br /> (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. <br />3903 and 10 U.S.C. 3801). <br />(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).