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  • Question

    What clause would we use to ensure that the vendor does not use CBP's name to promote their product?


    Answer

    The following answer is based solely on the background and question provided since we do not have all of the facts pertaining to your requirement, solicitation/contract or contractors.  As we do not have access to the particulars that apply to this situation, we highly advise you consult the Contracting Officer and possibly the Legal Office.
     
    We recommend you place language similar to the following into your written demonstration agreement to ensure the vendor does not reference the U.S. Customs Border and Protection (CBP), the Department of Homeland Security and the United States Government to promote its product or service.  As mentioned previously, we advise that you consult with your legal office for review.
     
    Acceptance for test, loan, demonstration, or evaluation for potential use by the Government does not make a promise to pay, a recognition of novelty, originality, uniqueness, or a contractual relationship, which would make the Government liable to pay for any use of information, to which it would otherwise be entitled.  The Government has no plan of using any article or disclosure in which the submitter has set up property rights, without compensation.
     
    The fact that the Government tested the demonstrator’s equipment does not indicate or imply that the Government in any way recommends or endorses the equipment.  Further the demonstrator shall not use any information in Government prepared documents to indicate or imply that the Government in any way recommends or endorses the demonstrator’s equipment.

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