Challenge Submission Terms and Conditions

Information Preparation Costs

The Participating Government Partner shall not be liable for any costs incurred by the Respondent in the preparation, submission, presentation, or revision of its information, or for any aspect of the Respondent’s pre‐information submission activity. No Respondent shall be compensated for participating in this Challenge, except under an agreement for performance of services signed by a Participating Government Partner‐authorized representative and the Respondent.

Submittal of Confidential Information

Information submitted to the Participating Government Partner in response to this Challenge may be in the public domain and subject to freedom of information requests.

Respondents, however, may designate as confidential those portions of their submission that contain trade secrets or other proprietary data, which may be exempt from disclosure in freedom of information requests.

To designate portions of the submission as confidential, mark any information to be restricted with the following: “Confidential: Use or disclosure of information or data contained on this response is subject to the restriction indicated earlier.” Indiscriminate labeling of material as “Confidential” may be grounds for leaving a Submission unread or otherwise disregarding the information therein.

Ownership of Submitted Materials

All materials submitted in response to or in connection with this Challenge shall become the property of the Participating Government Partner. However, proprietary information marked as such will be protected as described above.

Rights of the Participating Government Partner

The Participating Government Partner reserves all rights at law and equity with respect to this Challenge including, but not limited to, the unqualified right, at any time and in its sole discretion, to change or modify this Challenge, to reject any and all information, to waive defects or irregularities in information received, to seek clarification of information, to request additional information, to request any or all Respondents to make a presentation, to undertake discussions and modifications with one or more Respondents, who, at any time, subsequent to the deadline for submissions to this Challenge, may express an interest in the subject matter hereof. No Respondent shall have any rights against the Participating Government Partner arising from the contents of this Challenge, the receipt of information, or the incorporation in or rejection of information contained in any response or in any other document. The Participating Government Partner makes no representations, warranties, or guarantees that the information contained herein, or in any addenda hereto, is accurate, complete, or timely or that such information accurately represents the conditions that would be encountered during the performance of any subsequent contract issued from a separate Challenge. The furnishing of such information by the Participating Government Partner shall not create or be deemed to create any obligation or liability upon it for any reason whatsoever; and each Respondent, by submitting its information, expressly agrees that it has not relied upon the foregoing information, and that it shall not hold the Participating Government Partner liable or responsible therefore in any manner whatsoever.

No Personal Liability

No Participating Government Partner officer, agent or employee shall be charged personally with any liability by a Respondent or another or held liable to a Respondent or another under any term or provision of this Challenge or any statements made herein or because of the submission or attempted submission of information or other response hereto or otherwise.