Scope
This includes, but is not limited to, any clause that: (1) Requires the Government to pay future fees, penalties, interest, legal costs, early‑termination fees, cancellation fees, minimum purchase commitments, true‑up payments, seat‑count minimums, usage minimums, continued‑use charges, or any other financial obligation not expressly authorized by the contract. (2) Requires the Government to indemnify the contractor or any other entity. (3) Restricts the Government’s ability to obtain similar supplies or services from another source. (4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option. (5) Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application. (6) Requires dispute resolution in a forum or venue other than one prescribed by applicable Federal law. (7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law. (8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata. (9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object. (10) Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law. (11) Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.