52.217-12 — Reverse Auction Services.

FAR 52.217-12 — Reverse Auction Services.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

52.217-12 Reverse Auction Services. As prescribed in 17.805(c), insert the following clause: Reverse Auction Services (AUG 2024) (a) Definitions. Government data means any information, document, media, or machine-readable material regardless of physical form or characteristics, that is created or obtained by the Government, in the course of official Government business. Government-related data means any information, document, media, or machine-readable material regardless of physical form or characteristics that is created or obtained by a contractor through the storage, processing, or communication of Government data. This does not include a contractor's business records ( e.g., financial records, legal records, etc.) or data such as operating procedures, software coding, or algorithms that are not uniquely applied to the Government data. Reverse auction means the process for obtaining pricing, usually supported by an electronic tool, in which offerors see competing offerors' price(s), without disclosure of the competing offeror's identity, and have the opportunity to submit lower priced offers until the close of the auction. (b) Duties of the reverse auction service provider. When providing reverse auction services to the Government, the Contractor shall— (1) Not assert or imply that it can or will obtain a Government contract for the participants of a reverse auction; (2) Allow entities to register, at no cost, as potential offerors for any reverse auction conducted on behalf of the Government on the provider's reverse auction platform. As part of the registration process, the Contractor shall allow each entity the opportunity to execute a proprietary data protection agreement with the Contractor; however, the Contractor shall not negotiate terms in the agreement that affect the terms and conditions of a Government solicitation or contract; (3) Limit access to, use of, and disclosure of Government data and Government-related data. (i) The Contractor shall not acc

• When providing reverse auction services to the Government, the Contractor shall— (1) Not assert or imply that it can or will obtain a Government contract for the participants of a reverse auction; (2) Allow entities to register, at no cost, as potential offerors for any reverse auction conducted on behalf of the Government on the provider's reverse auction platform.
• As part of the registration process, the Contractor shall allow each entity the opportunity to execute a proprietary data protection agreement with the Contractor; however, the Contractor shall not negotiate terms in the agreement that affect the terms and conditions of a Government solicitation or contract; (3) Limit access to, use of, and disclosure of Government data and Government-related data.
• (i) The Contractor shall not access, use, or disclose Government data unless specifically authorized by the terms of this contract or a task order or delivery order issued hereunder.
• (ii) If authorized by the terms of this contract or a task order or delivery order issued hereunder, any access to, or use or disclosure of, Government data shall only be for purposes specified in this contract or task order or delivery order.
• (iii) The Contractor shall ensure that its employees are subject to all such access, use, and disclosure prohibitions and obligations.
• (iv) These access, use, and disclosure prohibitions and obligations shall survive the expiration or termination of this contract.
• (v) The Contractor shall notify the Contracting Officer promptly of any requests from a third party for access to Government data or Government-related data, including any warrants, seizures, or subpoenas it receives, including those from another Federal, State, or local agency.
• The Contractor shall cooperate with the Contracting Officer to take all measures to protect Government data and Government-related data from any unauthorized disclosure.
• Price or proposal information shall include, but is not limited to— (i) Contractor bid or proposal information, as defined at FAR 3.104-1; (ii) Price or proposal information similarly generated for a task order or delivery order or an order under a blanket purchase agreement; and (iii) Information identified by the reverse auction participant as restricted from duplication, use, or disclosure—in whole or in part—for any purpose other than to evaluate the reverse auction participant's price or proposal; (6) Allow offerors to see the successive lowest price(s) offered in the auction without revealing an offeror's identity; (7) Not participate as an offeror in any reverse auction, which the Contractor is hosting on behalf of the Government.