Fill - Free fillable COMMUNICATING WITH CONGRESS USAGE AGREEMENT AND ACCESS APPLICATION (US House of Representatives) PDF form

COMMUNICATING WITH CONGRESS USAGE AGREEMENT AND

ACCESS APPLICATION

THIS COMMUNICATING WITH CONGRESS (the "CWC") USAGE AGREEMENT AND

ACCESS APPLICATION (this “Agreement”), dated as of ____________________________

20__ (the “Effective Date”), is made by and between_________________________________________

____________________________________________________________________________________

(hereinafter referred to as the “Vendor”) and The Office of the Chief Administrative Officer of The U.S.

House of Representatives (hereinafter referred to as the “CAO”).

In consideration of the covenants and conditions hereinafter set forth, the Vendor and the CAO

agree

as follows:

CERTAIN DEFINITIONS

“

System

”

shall mean the Communicating with Congress System.

TERM

The term of this Agreement shall commence as of the Effective Date and shall continue in effect

until terminated in accordance with the provisions hereof.

PURPOSE AND LIMITS

(a)

The goal of the System is to create an improved method of transmitting advocacy

generated constituent communications to offices of the U.S. House of Representatives

(the "House"). The System is to be used exclusively to communicate to the offices of

House Members. The System does not provide an opportunity to communicate with

committee, leadership, or support offices.

(b)

The House is providing to the Vendor a single entry-point method of communicating

Members of the House.

(c)

The Vendor is providing to the House messages in a format that facilitates House

offices quickly counting, aggregating or processing them efficiently.

(d)

Vendor will not be charged a fee for using the CWC.

VENDOR BACKGROUND

(a)

Current background. The Vendor hereby certifies that the following is true

information about the Vendor:

(1)

Legal name: ______________________________________________________

(2) Address: __________________________________________________________

(3) Phone number: _____________________________________________________

(4) Fax number________________________________________________________

(5)

Email address: _____________________________________________________

(6)

Web address:______________________________________________________

(7)

Authorized point of contact and title: ___________________________________

(8)

Name(s) of principal officer(s): ________________________________________

__________________________________________________________________

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(9)

Employer Identification Number (EIN), if registered: __________________

(10)

DUNS or DUNS+4 Number (if registered): ________________________

(11)

CAGE or NCAGE Code (if registered):

(12)

State(s) Vendor is authorized to do business in:

(b)

Conduct. The Vendor hereby certifies that the following is true information about the

Vendor and its owners, directors, and principal officers:

(1)

has been barred or suspended for an award of a federal, state or local

government contract or subcontract.

Yes No If Yes, please attach explanation.

(2)

has been listed with Exclusions in the System for Award Management

(https://www.

sam.gov).

Yes No If Yes, please attach explanation.

(3)

has been convicted of or had a civil judgment rendered against it, within a five-

year period preceding the date of this Agreement, for the:

(A)

commission of fraud or a criminal offense in connection with

obtaining, attempting to obtain or performing any contract or

subcontract;

(B) violation of a confidentiality agreement or intellectual property laws;

destruction of records, making false statements or receiving stolen

property.

Yes No If Yes, please attach explanation.

(4)

a "foreign principal" or an "agent of a foreign principal " (as defined in § 1 of the

Foreign Agents Registration Act of 1938)

is either (A) a principal officer

Section I (b)-(c) of the Foreign Agents Registration Act of 1938 provides that:

(b)

The term "foreign principal" includes -

(1)

a government of a foreign country and a foreign political party;

(2)

a person outside of the United States, unless it is established that such person is an individual and a

citizen

of and domiciled with in the United States, or that such person is not an individual and is organized under or

created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States

and has its principal place of business within the United States; and

(3)

a partnership, association, corporation, organization, or other combination of persons organized

under the laws of or having its principal place of business in a foreign country.

(c)

Expect [sic.] as provided in subsection (d) of this section, the term "agent of a foreign principal

means -

(

) any person who acts as an agent, representative, employee, or servant, or any person who acts in

any

other capacity at the order, request, or under the direction or control, of a foreign principal or of a

person

any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in

whole or in major part by a foreign principal

and who directly or through any other

person -

(i)

engages within the United States in political activities for or in the interests of such foreign

principal ;

(ii)

acts within the United States as a public relations counsel, publicity agent, information-

service employee or political consultant for or in the interests of such foreign principal ;

(iii)

within the United States solicits, collects, disburses, or dispenses contributions, loans,

money, or other things of value for or in the interest of such foreign principal; or

C Agreement-

of the vendor; or (B) owns a 5% (or greater) interest in the Vendor.

Yes No If Yes, please attach explanation.

(5)

is not in good standing in any state where vendor is (or was) licensed to do

business.

Yes No If Yes, please attach explanation.

(c)

Previous applications. Has the Vendor (or a predecessor, subsidiary, or otherwise

affiliated entity) previously applied for access to the System?

Yes No If Yes, please attach explanation.

(d)

Have any of the Vendor's owners, directors, or principal officers served as an owner,

director, or principal officer of any other entity that applied for access to the System

while they held such position?

Yes No If Yes, please attach explanation.

(e)

Subsequent changes. In the event that any information provided in this Section 4

ceases to be accurate or changes, the Vendor will notify the CAO no later than five

(5) business days after such change, by giving written notice thereof to the CAO

either by email to

cwc.vendors@mail.house.gov or by facsimile to (202) 226-1872.

GRANTING ACCESS

(a)

The Vendor acknowledges that access to the System is granted for the exclusive

convenience of the House and may be denied or withdrawn at will by the CAO, with

or without cause.

(b)

If the CAO i s not satisfied with the Vendor's performance, the CAO may terminate the

Agreement, pursuant to Section 9.

(c)

Ifthe Vendor fails to (i) comply with this Agreement , (ii) comply with the policies,

rules and regulations of the House, or (iii) take the necessary action to ensure future

performance in compliance with any of the foregoing, the CAO may, in addition to

any other remedies specified elsewhere herein or available under applicable law, the

CAO may revoke Vendor's access to the House information network; or may delay or

deny a request for payment for any services to the House (or an office of the House) until

the applicable issue is remedied.

(d)

In the event that the CAO denies or withdraws access to the System (or terminates

this Agreement), the CAO will promptly notify the Vendor by email or by any other

communication method set forth in Section 4(a). If appropriate, the CAO will notify

the Vendor of the cause and what the Vendor may do to remedy the situation.

(iv) within the United States represents the interests of such foreign principal before any

agency or official of the Government of the United States; and

(2) any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to

be, whether or not pursuant to contractual relationship, an agent of a foreign principal as defined in

clause ( I ) of this subsection.

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IDENTIFICATION NUMBERS

(a)

Vendor Identification Number. The Vendor shall specify its unique Vendor

Identification Number. Each communication sent through the System must include

the Vendor's Identification Number.

(b)

Campaign Identification Number. Each vendor shall specify a unique Campaign

Identification Number for each legislative campaign. Each communication sent

through the system must include the Campaign's Identification Number.

PROHIBITED PRACTICES

The Vendor - to its knowledge - shall not:

(a)

Submit to the CWC an email, email address, or name that was not authorized by the

email address owner;

(b)

Submit to the CWC an invalid email address or spam trap email address;

prior written approval of the CAO; or

(d) Violate the US. House of Representatives Web Systems Publication -

Communicating With Congress Level of Service Standards (Advocacy Vendors) or the

US. House of Representatives Web Systems Publication - Communicating With

Congress Level of Service Standards (CMS Vendors), whichever may be applicable.

COMMUNICATIONS

Unless otherwise specified in this Agreement, any notices in connection with this Agreement

may be given by either party to the other by personal delivery, email or facsimile. Notices will be

deemed communicated as of actual receipt. A party may change its name, email, phone or

facsimile under this Section 8 by giving written notice thereof to the other party in conformity

with the foregoing.

(a)

If to the Vendor.

Name: as set forth in Section 4(a).

Email: as set forth in Section 4 (a).

Phone: as set forth in Section 4(a).

Facsimile: as set forth in Section 4(a).

(b)

If to the CAO.

Email: cwc.vendors@mail.house.gov

Phone: (202) 226-2140

Facsimile: (202) 226-1872

TERMINATION

The CAO may terminate this Agreement upon written notice to the Vendor (a) in the event of a breach

of this Agreement by the Vendor, or (b) at any time in the discretion of the CAO.

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10.

CERTAIN UNCONTROLLABLE EVENTS

Notwithstanding any of the foregoing statements in Section 5(b), a party shall not be liable in

damages hereunder if such delay or default is caused by conditions beyond its reasonable control

(but excluding delays caused by employees, agents, or subcontractors of the Vendor), including a

lapse in funding of appropriations for the House.

11.

NON-WAIVER AND SEVERABILITY

The failure of one party to require performance of any provision shall not affect the party's right

to require performance at any time thereafter, nor shall a waiver of any breach or default of this

Agreement constitute a waiver of any subsequent breach or default of a waiver of the provision

itself. If any term or other provision of this Agreement is invalid, illegal or incapable of being

enforced by any rule of law or public policy, such term or provision shall be ineffective only to

the extent of such invalidity, without invalidating the remainder of this Agreement.

12.

ASSIGNMENT AND CHANGE OF CONTROL

The Vendor shall not have the right to assign (by operation of law or otherwise) any of its rights,

interests and obligations under this Agreement without the prior written consent of the CAO, and

any such assignment shall be void. Without limiting the foregoing sentence, the Vendor shall

provide thirty (30) days prior written notice to the CAO in the event of any sale to a third

party

of (a) all or substantially all of the assets of the Vendor or its successors or assigns, or (b)

sufficient stock of the Vendor to its successors to effect a change in control of the Vendor or its

successors or assigns.

13.

COUNTERPARTS

This Agreement may be executed in counterparts and by facsimile copy, each other which shall

be deemed to be an original but all of which together shall be deemed to be one and the same

instrument.

14.

ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement and understanding of the parties and

supersedes all previous versions of this Agreement, prior agreements and understanding, both

written and oral, among the parties with respect to the subject matter hereof.

15.

GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the District

of Columbia. The parties hereby consent to the exclusive jurisdiction of the Federal courts

located in the District of Columbia, and expressly waive any objections or defenses based on

lack of personal jurisdiction or venue in connection with any dispute arising out of or relating to

this Agreement.

[Signature page follows.

]

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IN WITNESS WHEREOF, the parties hereto have executed or have caused this Agreement to be

executed by their duly authorized signatories as of the Effective Date.

CAO:

THE OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER OF THE U.S. HOUSE

OF REPRESENTATIVES

VENDOR:

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