Commercial Solutions Opening (CSO)

Battle Lab – Shaw AFB, SC

POC: TSgt Hutton Cobb

Contracting Officer: Ms. Kelsey Brightbill

Commercial Solutions Opening (CSO)

1.0 OVERVIEW

Shaw AFB, South Carolina is conducting a CSO authorized by 10 U.S.C. 3458 and R-DFARS

212.70 and its associated class deviations. Under a CSO, the Air Force may competitively award proposals received in response to a general solicitation to acquire innovative commercial items, technologies, and services. Under this CSO, all items, technologies, and services shall be treated as commercial items. Awards will be RFO Part 12 contracts.

The Air Force intends to obtain "innovative" solutions or potential new capabilities that fulfill requirements, close capability gaps, or provide potential technology advancements. Solutions may include existing technologies or procedures, not currently in use by the Air Force, that would enhance or streamline Air Force mission capabilities. “Innovative” is defined as any technology, process or method that is new as of the date of submission of a proposal. It also includes any new application of an existing technology, process, or method.

The Government is not obligated to make any awards, and all awards under this CSO are explicitly subject to the availability of funds and successful negotiations. The Government is not responsible for any monies expended by any vendor prior to the issuance of any awarded contract. The Government reserves the right to modify the solicitation requirements of this CSO at its sole discretion.

The Government seeks to deploy rapid, commercial off-the-shelf counter-UAS capabilities; fuse advanced intelligence and multi-source data to create a comprehensive operational picture;

develop innovative kinetic and non-kinetic solutions to defeat coordinated UAS swarms;

leverage agile software and rapid prototyping methodologies; implement modular open-systems approaches (MOSA) for seamless sensor integration; and establish sustainable, open-standard architectures to drive continuous competition. This enables the Department of War (DoW) to continuously field adaptable, integrated, and resilient defensive capabilities against rapidly evolving aerial and multi-domain threats. The CSO is a streamlined acquisition process that seeks to reduce acquisition timelines and acquire new, innovative solutions that vendors can bring forth to meet the stated Areas of Interest.

Performers may need to demonstrate the capability to work in classified environments up to the Secret level before any award, if necessary.

While this CSO is primarily designed to fulfill the requirements of the Shaw AFB Battle Lab and United States Air Forces Central (AFCENT), it may be leveraged to support broader Department of the Air Force (DAF) or Department of War (DoW) requirements under strict execution guidelines. To maintain oversight and prevent misuse, this CSO is not authorized for decentralized use by outside contracting offices. All external requirements must be validated and routed directly through AFCENT, and the 20th Contracting Squadron will retain sole procurement authority for all contract awards.

2.0 AREAS OF INTEREST & PROBLEM STATEMENTS

Shaw AFB is focused on rapidly acquiring and deploying counter-UAS (cUAS) and defensive capabilities that form a cohesive, enterprise-wide open architecture ecosystem. The following focus areas are representative examples of the capabilities of interest; however, this is not an exhaustive list. The Government is open to, and highly encourages, innovative solutions from industry that address other technologies or approaches that align with the strategic vision outlined below. Solutions that address technologies across multiple pillars are encouraged.

Teaming and Partnership for Turnkey Solutions: To mitigate the risks of disjointed systems and reduce administrative burden, the Government highly encourages industry vendors to form strategic partnerships, joint ventures, or Prime/Subcontractor teaming arrangements to submit complete, end-to-end solutions. Proposals that offer a single lead system integrator managing a suite of best-of-breed commercial technologies are strongly preferred over submissions for isolated, piecemeal components. The intent is to streamline the acquisition, delivery, and sustainment process by fielding cohesive, fully integrated systems.

The Government seeks commercial capabilities that provide end-to-end defensive solutions, from immediate point defense to advanced data integration and long-term capability sustainment.

Vendors may provide insight on solutions that address all or some of the capability pillars below.

The desired end-state is a deployable capability that effectively counters evolving aerial threats while exploiting open architecture principles across its full lifecycle (development, integration, test, deployment, operations, and sustainment). An ideal partner has a first-party ability to directly leverage underlying commercial technologies to meet operational requirements;

supporting partners would be considered enabling providers for specific aspects of the potential solution.

2.1 Rapid Point Defense & Counter-UAS Capabilities

Problem Statement: The Department of the Air Force seeks rapidly deployable, commercial off-the-shelf (COTS) or near-COTS Counter-Unmanned Aerial System (cUAS) capabilities for point defense. Solutions should address the evolving threat of one-way attack UAS and other hostile aerial platforms. The focus is on scalable systems that can be swiftly delivered, integrated, and made fully operational to protect personnel and critical infrastructure in contested or austere environments.

Technologies of Interest: Base point-defense systems, COTS kinetic and non-kinetic interceptors, man-portable or vehicle-mounted effectors, automated threat detection/tracking hardware, rapid deployment kits, and scalable force protection systems.

2.2 Advanced ISR Integration & Data Analytics

Problem Statement: To effectively counter dynamic threats, the Department of the Air Force requires advanced intelligence, surveillance, and reconnaissance (ISR) data integration and analytics solutions. We seek open-architecture platforms capable of fusing multi-source data to create a clear, actionable common operating picture (COP).

Solutions must enhance network connectivity, ensure interoperability across diverse systems, and provide advanced analytical tools to support real-time decision-making and defensive operations.

Technologies of Interest: Multi-domain data fusion, AI/ML-assisted threat identification and classification, open-architecture COP software, real-time operational analytics, automated sensor tasking, secure network connectivity, and edge computing for rapid threat processing.

2.3 Multi-Threat & Swarm Defeat Mechanisms

Problem Statement: The threat of coordinated, multi-asset attacks can overwhelm conventional defensive systems. The Department of the Air Force is seeking innovative technologies to defend against UAS swarms and complex, simultaneous threats.

Solutions of interest include, but are not limited to, advanced electronic warfare (EW), directed energy, or novel kinetic and non-kinetic effects capable of simultaneously detecting, tracking, and defeating multiple hostile unmanned systems.

Technologies of Interest: Sensors able to detect a swarm (EO/IR, Acoustic, RF), Effects to defeat swarm, including but not limited to- advanced electronic warfare (EW), directed energy (e.g., high-energy lasers, high-power microwaves), programmable smart munitions, cyber/RF defeat mechanisms, and simultaneous multi-target engagement software.

2.4 Agile Mission Software & Rapid Prototyping

Problem Statement: To maintain a tactical advantage in a rapidly evolving threat landscape, the Department of the Air Force seeks agile solutions for rapid manufacturing, prototyping, and mission software development. We are interested in methodologies, software platforms, and engineering services that enable the swift transition of emergent operational requirements into fieldable capabilities, filling critical mission gaps not currently addressed by traditional, long-term programs of record.

Technologies of Interest: Agile DevSecOps pipelines, continuous integration/continuous delivery (CI/CD) deployments, software-defined radio (SDR) applications, digital twin modeling for cUAS environments, and rapid manufacturing methodologies for modular system upgrades.

2.5 Modular Sensor Integration & Fusion

Problem Statement: The rapid proliferation of diverse aerial threats requires adaptable defensive architectures. The Department of the Air Force seeks scalable, modular open-systems approaches (MOSA) for seamless sensor integration. Solutions should facilitate the rapid integration and fusion of diverse, emerging sensor technologies and data streams into existing defensive networks. The objective is to enhance overall threat detection, improve early warning capabilities, and increase the fidelity of the operational picture.

Technologies of Interest: Multi-modal sensor nodes (EO/IR, radar, acoustic, RF), API-driven sensor integration, edge-node processing, automated false-alarm reduction algorithms, platform-agnostic hardware interfaces, and "plug-and-play" sensor architectures.

2.6 Sustainable Open Architectures & Integration Frameworks

Problem Statement: To mitigate the risks of vendor lock-in and ensure long-term cost-effectiveness, the Department of the Air Force is interested in technical and business frameworks that promote continuous competition and modularity across the enterprise.

Solutions should focus on modular open-systems approaches (MOSA), standardized interfaces, open data standards, and hardware/software architectures that enable seamless capability upgrades, favorable data rights integration, and the ability to compete future capability insertions on a continuous basis. The goal is a sustainable architecture that allows new technologies to be easily "plugged in" as the threat landscape evolves.

Example Architectures & Standards: Solutions that integrate with or mature open standards such as Forward Area Air Defense Command and Control (FAAD C2), Sensor Open Systems Architecture (SOSA), Universal Command and Control Interface (UCI), and Open Mission Systems (OMS).

Technologies of Interest: Standardized API microservice development, open data standards implementation, interface control document (ICD) generation, hardware/software decoupling, and automated compliance evaluation of standard implementations.

2.7 Automated Target Recognition (ATR)

Problem Statement: Proliferation of diverse aerial assets specifically sUAS requires the ability to rapidly identify what an airborne track is and whether it is a threat. The Department of the Air Force seeks automated tools to support ‘man in the loop’ assessment of a moving target, its characteristics, identity, configuration and threat posture. Solutions should integrate into edge or base existing capabilities to make early Target Recognition recommendations and/or inform other AI tools. The objective is to enhance overall threat detection, improve early warning capabilities, and increase the fidelity of the operational picture.

Models used for ATR should: be able to incorporate training data as it evolves in a field deployed environment, have the ability to interface with a wide variety of EO/IR sensors, interface with control structures such as camera gimbals and aircraft control inputs, and be trainable behind the diode of classified systems while operating on unclassified environments.

Technologies of Interest: AI/ML classification models (trainable in classified environments), edge-deployable AI processors, gimbal/sensor control interfaces, tools for rapid in-field data set evolution, and "plug-and-play" AI/ML architectures.

3.0 CSO DETAILS

This CSO is a competitive, continuously open solicitation seeking proposals for innovative, commercial technologies. All awards will be RFO Part 12 commercial contracts.

The purpose of this CSO is to solicit Solution Briefs in response to the Areas of Interest (AOIs) detailed in Section 2.0. This CSO is open for a period of one calendar year from the date of its posting on SAM.gov. Submissions will be accepted at any point during this period. The Government may choose to extend this period by amending this solicitation.

The Government will use a three-step evaluation process:

• Step 1: Solution Briefs. The Government will evaluate written Solution Briefs. (Note:

Vendors who have already been successfully vetted by the Battle Lab at Shaw AFB may be invited directly to Step 3).

• Step 2: Pitch Session. Pitch Session. By invitation only, companies may be asked to provide a Pitch on their proposed solution.

• Step 3: Proposal. Companies selected for potential award may, if funding is available, be invited to submit a full written proposal via a Request for Proposal (RFP).

Submission and Communication: All submissions and any questions regarding the administrative or technical content of this CSO must be forwarded via email to TSgt Hutton Cobb at hutton.cobb@us.af.mil and Ms. Kelsey Brightbill at kelsey.brightbill@us.af.mil.

4.0 CONTRACT DETAILS

The Government anticipates awarding Firm-Fixed-Price (FFP) contracts. The Government shall not award grants or cooperative agreements because the purpose of this CSO is to acquire innovative commercial technologies and services directly for Government use.

The Government will be the sole decision authority on whether to pursue a RFO Part 12 Contract or make no award at all. The Government reserves the right to award some, all, or none of the proposals received in response to this CSO. The Contracting Officer reserves the right to

BRIGHTBILL, KELSEY L CIV USAF AETC 97 CONF/PKA

Changed this to adjust for legal review comment 3.

BRIGHTBILL, KELSEY L CIV USAF AETC 97 CONF/PKA

Add to adjust for legal review comment 3.

negotiate directly with the offeror on the terms and conditions prior to the execution of the resulting contract on behalf of the Government.

Be advised that only a warranted Contracting Officer has the authority to enter into, or modify, a binding contract on behalf of the United States Government.

Counter-UAS (C-UAS) Statutory Compliance (NDAA FY26 Sec. 199): In accordance with the National Defense Authorization Act (NDAA) for Fiscal Year 2026, Section 199, the Department of War (DoW) is prohibited from procuring any Counter-UAS (C-UAS) system unless such system has been validated and approved by Joint Interagency Task Force (JIATF) 401 and is included on the official "Blue List."

The Government recognizes that highly innovative C-UAS solutions submitted under this CSO may be new to the market and not yet possess this required validation. While vendors may submit Solution Briefs for unvetted C-UAS technology, no procurement contract can be awarded until JIATF 401 validation and Blue List inclusion are achieved.

5.0 SUBMISSION GUIDELINES & EVALUATION

5.1 General Guidelines: To ensure a streamlined and equitable evaluation process, all offerors must adhere to the following guidelines:

• Unnecessarily elaborate brochures or proposals are not desired. Use of diagrams is strongly encouraged.

• All submissions must be unclassified. Submissions containing proprietary data must include the standard restrictive legend on the cover page.

• Foreign-Owned businesses may participate but may be limited by their ability to obtain necessary clearances.

5.2 Step 1 – Solution Brief Content

Solution Briefs should not exceed five (5) written pages using 12-point font, with 1-inch margins. Alternatively, Solution Briefs may take the form of briefing slides, which should not exceed ten (10) slides.

• In your Solution Brief, please include:

o Title Page (does not count against page limit)

Company Name, Title, Date, Point of Contact Name, E-Mail Address, Phone, and Address.

Specifically identify the AOI/Problem Statement for which the Solution Brief is submitted.

Explicitly state if this proposed solution has been previously demonstrated and accepted by the Battle Lab at Shaw AFB.

BRIGHTBILL, KELSEY L CIV USAF AETC 97 CONF/PKA

Added to address legal review comment 1

Adjusted for legal review comment 2 o Executive Summary (limited to one page – does not count against total page limit) Provide an executive summary of the technology.

o Technology Concept & Teaming Describe the unique aspects of your technology and the proposed work as it relates to the specified AOI/Problem Statement.

Identify whether the effort includes the pilot or demonstration of existing commercial technology (identified as commercially ready and viable technology), or the development/adaptation of technology for defense application.

If proposing as a teaming arrangement or joint venture, explicitly identify the lead system integrator and the supporting partners.

Identify aspects which may be considered proprietary.

o Company Viability

Provide a brief overview of the company. Provide a summary of current fundraising to date or a summary of the top line (gross sales/revenues). Provide a summary of product commercialization and go-to-market strategy.

o Data Rights Identify any IP involved in the effort and associated restrictions on the Government’s use of that IP.

Solution Briefs will be evaluated on the basis of the merit of the proposed concept in addressing the AOI/Problem Statement. All submissions will be fairly evaluated;

however, only a select few will be invited to Pitch. Offerors will be notified in writing within seven (7) calendar days following the completion of the Step 1 evaluation whether they are selected to proceed to Step 2/3 or if they have not been selected.

5.3 Step 2 – Pitch Session Content

In Step 2, Companies may be asked to provide an in-person or virtual Pitch (preference not given to either option) to demonstrate and provide further details on their proposed concept/technology and its technical and business viability. Note: Vendors successfully vetted by the Shaw AFB Battle Lab may bypass this step at the Government's discretion.

Upon receiving an invitation to Step 2, the selected Company must formally schedule their Pitch Session within ten (10) calendar days. The Pitch Session itself must be conducted no later than sixty (60) calendar days from the date of the initial invitation. The Government recommends a target presentation duration of thirty (30) minutes with time for follow-on questions from the Government, as needed. The Government may elect to use external market research during the Pitch to evaluate a Company’s viability. In addition to the Pitch, the Government, at its discretion, may request an additional written submission to further supplement the information provided in the Step 1 Solution Brief.

• During the Step 2 Pitch, the Company must detail/address:

o Estimated Price/Schedule: Provide a Rough Order of Magnitude (ROM) price and notional schedule for how the proposed concept may be fielded and deployed within the DoW.

o Data Rights Assertions

Pitch submissions will be valid for 180 calendar days after the Pitch date. Upon completion of evaluations, the Government will notify the Company that: (1) the proposed concept is selected for possible award of a commercial contract and the Company is invited to submit a full proposal; (2) the proposed concept is not of interest to the Government; or (3) the proposed concept is of interest, but not eligible for a proposal at this time due to availability of Government resources.

If the proposed concept is of interest but resources are currently unavailable, the Company may be contacted with a Request for Proposal (RFP) within 180 calendar days from the Pitch date. If after 180 calendar days Government resources are not identified to formally move into Step 3, the Company will no longer be eligible for an award under that specific submission.

5.4 Step 3 – Proposal Content

Companies whose solutions are selected to proceed to Step 3 will be issued a formal Request for Proposal (RFP). This final step is not a re-evaluation of the technology's merit but is the formal process to document requirements for contract award. To ensure a rapid acquisition cycle, the Government commits to evaluating and making an award determination within fourteen (14) calendar days of receiving a complete and acceptable final proposal.

The full written proposal shall consist of two volumes:

• Volume 1: Technical Documentation (5-Page Limit)

• Volume 2: Price Documentation

Volume 1: Technical Documentation (5-Page Limit) The purpose of this volume is to formally document the contractual baseline for execution. The narrative shall not exceed five (5) pages and must provide the following:

• Statement of Work (SOW) – not included in page count: A standalone document that definitively lists all tasks the vendor will perform and all deliverables the Government will receive.

• Detailed Project Schedule: A schedule with specific milestones expressed in relative calendar days (e.g., "30 Days After Receipt of Order (ARO)").

• Government Dependencies: A list identifying any Government-furnished equipment, information, or facility access required for the vendor to perform the work.

• Key Personnel & Teaming: A list identifying the key personnel who will execute the work and the roles of any proposed subcontractors.

Volume 2: Price Documentation The purpose of this volume is to provide the final, formal price quote required for the Government to obligate funds. It must include:

• Total Firm-Fixed-Price (FFP): A single, total FFP to complete all work defined in the SOW.

• Supporting Data: Any data necessary for the Contracting Officer to determine the price is fair and reasonable (e.g., commercial price catalogs, a summary of similar commercial sales).

Commercial Terms & Conditions (If Applicable): Companies must submit any standard commercial terms and conditions, such as End User License Agreements (EULAs) or Service Level Agreements (SLAs), with their proposal. These terms will be reviewed by the Government.

Offerors are advised that all commercial terms are subordinate to federal law, regulation, and policy. The Government reserves the unilateral right to reject or render unenforceable any vendor term or condition that is inconsistent with federal law. This includes, but is not limited to, terms related to disputes, indemnification, governing law, and automatic renewals.

Specifically, all payment terms must comply with the Prompt Payment Act (31 U.S.C.

3901). The Government will not accept terms requiring pre-payment, late fees, or interest penalties. For a representative list of commonly unenforceable commercial terms, offerors should review Attachment 1 – Representative Commercial Rider of this solicitation.

6.0 EVALUATION CRITERIA

The Government will evaluate all submitted Solution Briefs and proposals based on the merit of the proposed concept in addressing the specific Area of Interest (AOI) or Problem Statement.

Submissions will not be evaluated against one another; rather, they will be evaluated on their own individual merit.

6.1 Evaluation Factors: In accordance with R-DFARS 212.7004(a)(3), the Government will use the following factors to uniformly evaluate submissions:

• Factor 1: Technical Merit and Applicability: The Government will evaluate the technical, scientific, and/or innovative merit of the proposed solution. This includes assessing the feasibility of the concept, the soundness of the technical approach, and how effectively the solution addresses the identified problem statement or AOI.

• Factor 2: Importance to Agency Programs: The Government will evaluate the potential contribution and mission impact of the proposed solution to the Battle Lab and broader Department of War (DoW)/Air Force objectives. This includes assessing how well the solution enhances operational capabilities, closes identified capability gaps, or improves mission effectiveness.

• Factor 3: Price: The Government will evaluate the proposed price to the extent appropriate. At a minimum, this evaluation will be conducted to determine that the proposed price is fair and reasonable, and affordable within the constraints of available funding.

6.2 Relative Importance of Factors: Technical Merit (Factor 1) and Importance to Agency Programs (Factor 2) are the primary evaluation factors and are of equal importance. Price (Factor 3) is of lesser importance than the primary evaluation factors; however, the Government will not award a contract at a price it determines to be unreasonable.

6.3 Method of Evaluation: The Government will conduct a comprehensive, independent evaluation of all submissions. Evaluations will be performed by a panel of Government Subject Matter Experts (SMEs), which may include a peer or scientific review. The evaluation team will assess the proposals solely against the evaluation factors detailed in Section 6.1 to determine which solutions represent the best value and are most advantageous to the Government's mission.

7.0 COMPLIANCE & LEGAL CONSIDERATIONS

7.1 Security & Clearances: Classified submissions will not be accepted during Step 1 (Solution Briefs). If a proposed solution requires classified work (up to the Secret level) during the Step 3 Proposal or execution phase, the proposing vendor must possess the appropriate facility and personnel clearances. A DD-254 may be applicable for an Award.

Vendors must verify their Cognizant Security Office information is current with the Defense Counterintelligence and Security Agency (DCSA). If a vendor believes their concept requires special protection before submission, they should contact the Contracting Officer immediately.

7.2 Export-Controlled Items (ITAR/EAR): Due to the nature of defensive and Counter- UAS technologies, proposed solutions may be subject to Export Control regulations

Added entire section for evaluation criteria for legal review comment 4

(ITAR 22 CFR 120-131 or EAR 15 CFR 710-774). If a solution is subject to export controls, a Certified DD Form 2345 (Military Critical Technical Data Agreement) will be required during the proposal phase, and R-DFARS 252.225-7048 will apply to the resulting contract.

7.3 Data Rights & Intellectual Property: To align with the Government’s goal of establishing modular open-systems approaches (MOSA) and preventing vendor lock-in, all Step 3 proposals must include specific Data Rights Assertions. While the Government intends to award RFO Part 12 commercial contracts utilizing standard commercial data rights, the Government reserves the right to negotiate necessary data rights, especially if Government funds are used for any portion of the development or adaptation.

7.4 Small Business Requirements: Commercial contracts awarded under this CSO will include applicable RFO Part 19 clauses. If the award exceeds the applicable dollar threshold and the awardee is not a small business, a Small Business Subcontracting Plan will be required during the Step 3 Proposal phase.

8.0 OTHER INFORMATION

8.1 Vendor Registration & Invoicing (SAM & WAWF): Prior to receiving an award, vendors must have a Unique Entity Identifier (UEI), be fully registered in the System for Award Management (SAM.gov) and not be suspended or debarred by the Federal Government. For payment and invoicing, awarded vendors must be registered in Wide Area Workflow (WAWF) via the Procurement Integrated Enterprise Environment (PIEE).

8.2 Cybersecurity Requirements (NIST & CMMC): Vendors awarded a DoW contract may be required to perform a Basic NIST SP 800-171 DoW Assessment and enter the results into the Supplier Performance Risk System (SPRS). Furthermore, companies entrusted with sensitive, unclassified DoW information must comply with applicable Cybersecurity Maturity Model Certification (CMMC) standards.

8.3 Non-Government Advisors: The Government may utilize Non-Government Advisors (support contractors) for administrative processing and technical evaluations of submissions. The Government treats all submissions to this CSO as source selection information. All Non-Government Advisors are bound by strict Non-Disclosure Agreements (NDAs) to protect trade secrets, commercial, and financial information.

Submissions will not be returned.

8.4 Item Unique Identification (IUID) & Contract Modifications: For hardware deliverables, Item Unique Identification in accordance with R-DFARS 252.211-7003 may be required. Furthermore, the Contracting Officer reserves the right to modify awarded contracts to make within-scope changes. Only a warranted Contracting Officer can legally bind or modify a contract on behalf of the United States Government.

8.5 Fraud and False Statements: Knowingly and willfully making false, fictitious, or fraudulent statements or representations may be a felony under the Federal Criminal False Statement Act (18 U.S.C. 1001), punishable by a fine, up to five years in prison, or both.

Disclaimer: The Government is not obligated to make any awards under this continuously open CSO. All awards are explicitly subject to successful negotiations and the availability of funds.

Attachment 1:

Representative Commercial Rider

Federal Terms and Conditions Addendum

The following terms and conditions represent the mandatory legal requirements of the United States Government. When attached to or incorporated into a commercial contract, this Rider supersedes and replaces any conflicting provisions contained in a vendor’s standard commercial Terms of Service (TOS), End User License Agreement (EULA), Service Level Agreement (SLA), or similar corporate documents.

By submitting a proposal, the offeror agrees that the following federal principles shall take precedence over any conflicting commercial terms:

1. Governing Law and Venue Any commercial clause stating that the agreement is governed by the laws of a specific U.S. state or foreign nation is hereby deleted. This agreement and any disputes arising out of it shall be governed exclusively by United States Federal Law. Any legal action must be brought in a U.S.

Federal Court or the Armed Services Board of Contract Appeals.

2. Disputes and Binding Arbitration The Government cannot agree to binding arbitration. Any commercial clause requiring dispute resolution via binding arbitration or alternative dispute resolution (ADR) outside the scope of federal law is deleted. All disputes shall be resolved in accordance with the Contract Disputes Act of 1978 (41 U.S.C. §§ 7101-7109) and RFO 52.212-4(d).

3. Indemnification To prevent violations of the Anti-Deficiency Act (31 U.S.C. § 1341), the Government cannot agree to open-ended indemnification. Any commercial clause requiring the United States Government to indemnify, hold harmless, or defend the vendor or any third party from liability, damages, or legal fees is hereby deleted and is legally unenforceable.

4. Payment Terms, Late Fees, and Pre-Payment Any commercial clause establishing non-standard payment timelines (e.g., "Net 15"), vendor-assessed late fees, or interest penalties is deleted. All invoicing and payments are governed strictly by the Prompt Payment Act (31 U.S.C. § 3901 et seq.) and its implementing regulations.

Furthermore, the Government will not make advance payments unless explicitly authorized by federal statute and specifically negotiated into the final contract.

5. Automatic Renewals The Government cannot obligate funds in advance of appropriation (Anti-Deficiency Act). Any commercial clause stipulating that a subscription, license, or service will automatically renew unless the Government provides prior written notice of cancellation is hereby deleted. All contract extensions or renewals require a formal, bilateral contract modification signed by a warranted U.S. Government Contracting Officer.

6. Unilateral Modifications to Terms Any commercial clause granting the vendor the right to unilaterally update, modify, or change their TOS, EULA, or SLA at their discretion (e.g., via a website update) is deleted. Once the contract is awarded, any changes to the terms and conditions must be agreed upon in writing by both parties via a bilateral contract modification (RFO 52.212-4(c)).

7. Taxes Any commercial clause holding the Government liable for local, state, or federal taxes is deleted.

The United States Government is generally exempt from State and local taxes. Evidence of tax-exempt status will be provided upon request.

8. Order of Precedence In the event of any inconsistency between the vendor’s commercial terms and the federal contract, the inconsistency shall be resolved by giving precedence in the following order:

1. The Federal Contract/Order (including any RFO/R-DFARS clauses).

2. This Representative Commercial Rider.

3. The Vendor’s Commercial EULA, TOS, or SLA.