Terms of service

These are the terms for AwardRight's Bid Alerts subscriptions and proposal services: the Service Agreement, the Fee Schedule (Exhibit A) and the Refund and Cancellation Policy (Exhibit B). You accept them when you tick the box on our sign-up form or payment page, pay for a subscription, or accept an Order.

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Service Agreement

Version 1.0 · Effective date of this version: the date it is published at awardright.com/terms

This Service Agreement (the "Agreement") is between AwardRight LLC, a New York limited liability company ("AwardRight," "we," "us") and the business that signs up for or orders our services ("Client," "you"). You accept this Agreement when you (a) check the box agreeing to it on our sign-up form, (b) pay for a subscription, or (c) sign an Order, including by accepting it online. The person accepting confirms that they are authorized to bind the Client.

1. Services

1.1 Bid Alerts. With an active subscription, we send you emails listing open federal solicitations that we believe match the services, locations, certifications and other preferences you give us ("Bid Alerts"). Bid Alerts are generally sent each business day on which we find new matches. Some days may have no matches.

1.2 Proposal Services. For a specific solicitation, we may provide one or more of the following under a written order that names the solicitation, the services, the fee and the timeline (an "Order"):

• a bid analysis (requirements, evaluation criteria, fit and risks);
• a draft technical proposal;
• a pricing workbook;
• a compliance review of your package;
• any add-ons listed in the Fee Schedule.

Together these are the "Proposal Services."

1.3 Client library. To provide Proposal Services, we build and keep a file of your company information, past performance, staffing, rates and documents (your "Client Library"). Subscribers give us most of this information when they sign up.

1.4 What we don't do. Unless an Order says otherwise in writing, we do not:

• submit bids or sign anything for you;
• set your prices;
• communicate with contracting officers on your behalf;
• register you in SAM.gov;
• certify your eligibility for any set-aside program;
• give legal, tax or accounting advice.

We are not affiliated with SAM.gov, the General Services Administration, the Small Business Administration or any other government agency.

2. Your responsibilities

2.1 Accurate information. You will give us accurate and complete information and keep it current. This includes your SAM.gov registration, certifications, capabilities, past performance, staffing and costs.

2.2 Your bid decisions. You alone decide:

• whether to bid;
• your prices, which you set independently;
• what you submit, and whether you sign and submit it.

Before you submit, you are responsible for reviewing every document we prepare for accuracy and compliance with the solicitation. This includes all representations, certifications, pricing and deadlines.

2.3 Eligibility. You are responsible for your eligibility to bid, including:

• an active SAM.gov registration;
• size status and set-aside certifications;
• licenses and insurance;
• your ability to perform the work.

2.4 Timely input. Timelines in an Order depend on you giving us the information, approvals and reviews we ask for on time. Delays on your side may move delivery dates or make it impossible to meet the solicitation deadline. Refunds in that case are covered in the Refund and Cancellation Policy.

2.5 Lawful use. You will not use our services or deliverables for anything unlawful, including misrepresenting your eligibility, capabilities or past performance.

3. No guarantee

We work carefully, but we do not guarantee:

• that any particular solicitation will be found;
• that Bid Alerts are complete, accurate or on time;
• that any bid will be accepted, found compliant or awarded;
• any revenue or result.

Solicitation information comes from public government sources that can change, be amended or be withdrawn at any time. Always check the official solicitation and its amendments before you bid. Our fees do not depend on the outcome of any bid.

4. Fees and payment

4.1 Fees. Fees are set out in the Fee Schedule (Exhibit A) or in the Order. Fees are flat fees for services. No fee is contingent on, or increased by, a contract award.

4.2 Subscriptions. Subscription fees are billed in advance, monthly or annually, to the payment method you give us. Subscriptions renew automatically for the same period until you cancel (Section 9). For annual plans, we will email you a reminder at least 30 days before each renewal. We may change subscription prices by giving you at least 30 days' notice by email. A change takes effect at your next renewal.

4.3 Proposal Services. Payment is due as stated in the Fee Schedule and the Order. We start work only after the Order is signed and any required payment is made. A bank transfer counts as made when you authorize it; if it fails, we stop work until it is paid. We release editable files only after full payment.

4.4 Taxes and processing. Fees do not include taxes, which you pay where they apply. Payments are processed by our payment provider (currently Stripe). We do not store your full card or bank account numbers.

4.5 Late payment. If a payment fails or is late, we may pause services until it is paid.

5. Deliverables and ownership

5.1 Your materials. You keep all rights to the information and materials you give us ("Client Materials").

5.2 Deliverables. Once you have paid in full, you own the proposal text, pricing workbooks and other documents we prepare specifically for you under an Order ("Deliverables"). You may use, change and submit them without limit.

5.3 Our tools. We keep all rights to our software, templates, methods, matching logic, general know-how and non-client-specific content ("AwardRight Tools"). If a Deliverable contains any AwardRight Tools, you may use that content as part of the Deliverable.

5.4 Bid Alerts. Bid Alerts are for your internal business use. You may not resell or redistribute them.

6. Competing clients: one client per bid

6.1 Matching is open. Solicitations are public. We may send the same opportunity in Bid Alerts to any number of clients.

6.2 Bid preparation is exclusive. We provide Proposal Services to only one client for each solicitation, on a first-come, first-served basis.

• A solicitation is identified by its solicitation number, including amendments and reposts.
• A client claims a solicitation when it signs an Order for it and pays any amount due at signing (for a bank transfer, authorizes it), if no other client holds it. If that payment fails, the claim ends. Asking about a solicitation, or asking us to watch one, does not claim it.
• The claim ends when the contract is awarded, when the solicitation is cancelled, or when the client withdraws. A client may claim a future solicitation, such as the re-competition of an existing contract, by signing an Order for it before the solicitation is posted.

6.3 If another client holds the claim. We will not prepare your bid for that solicitation. We will not tell you who holds the claim. We may offer you:

• Bid Alerts only, so you can bid on your own;
• a referral to another proposal writer;
• teaming under Section 6.5.

6.4 Information walls. We never use one client's information, prices, text or documents for another client. If a client withdraws before submitting, another client may claim the solicitation only after the first client's files for it are archived. Nothing from those files will be used.

6.5 Teaming. If two clients both want to pursue a solicitation, we may support a single joint offer (prime and subcontractor, or joint venture). We raise this with each client separately and share names only after both agree. We need written consent from both clients before we serve the second one. The clients make their own teaming agreement. We will not support a separate competing offer from either of them for that solicitation.

6.6 Independent pricing. You set your prices independently. We do not share or coordinate prices between clients.

7. Conduct in federal procurement

We will not knowingly ask for or use contractor bid or proposal information, or source selection information, in violation of the Procurement Integrity Act (41 U.S.C. chapter 21). We will not offer anything of value to government personnel on your behalf. You agree to the same.

8. Confidentiality and data

8.1 Confidential Information means non-public information one party shares with the other that is marked confidential or would reasonably be understood as confidential. For you, this includes Client Materials, your prices and costs, and your bid plans. It does not include information that:

• is or becomes public through no fault of the receiving party;
• the receiving party already knew or received lawfully from someone else;
• the receiving party developed independently.

8.2 Use and protection. Each party will:

• use the other's Confidential Information only to perform or receive the services;
• protect it with at least reasonable care;
• share it only with employees, contractors and service providers who need it for that purpose and are bound by similar confidentiality duties.

A party may disclose Confidential Information when the law requires it, after giving notice where the law allows.

8.3 Duration. These duties last for 3 years after this Agreement ends. For trade secrets and pricing information, they last as long as the information stays confidential.

8.4 Service providers and AI tools. We use service providers to run our business, including cloud storage, email, payment processing and AI tools. Our team reviews all Deliverables before we send them. We use AI tools only under business terms or settings that do not allow the provider to use your data to train its models.

8.5 Anonymous data. We may use aggregated information that does not identify you to improve our services. For example, we may count how many bids matched a service type.

8.6 Return or deletion. When you ask, and after this Agreement ends, we will delete or return your Client Materials within 30 days. We may keep copies only where the law requires it, in routine backups, and as the record of each Order and claim that Section 6 needs and the records we must keep for accounting and tax. Those copies stay confidential.

9. Term, cancellation and termination

9.1 Term. This Agreement continues while you have an active subscription or an open Order.

9.2 Cancelling a subscription. You can cancel at any time from your billing link or by emailing info@awardright.com. Cancellation takes effect at the end of the current billing period. Refunds follow the Refund and Cancellation Policy (Exhibit B).

9.3 Termination for cause. Either party may end this Agreement or any Order by written notice if the other party:

• materially breaches it and does not fix the breach within 10 days of notice;
• becomes insolvent.

We may suspend or end services right away if you use them unlawfully or misrepresent your eligibility.

9.4 Conflicts. We may decline or cancel an Order if we find a conflict under Section 6. If we do, we refund fees as stated in Exhibit B.

9.5 Survival. Sections 3, 4 (unpaid fees), 5, 6.4, 8, 10, 11 and 12 continue after this Agreement ends.

10. Disclaimer

EXCEPT AS STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT THE LAW ALLOWS. We will perform Proposal Services in a professional manner consistent with generally accepted industry standards.

11. Limitation of liability and indemnity

11.1 Excluded damages. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE OR LOST CONTRACT AWARDS, EVEN IF IT WAS TOLD THEY WERE POSSIBLE.

11.2 Cap. EACH PARTY'S TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM. This cap does not apply to:

• your payment obligations;
• your indemnity obligations under Section 11.3;
• a party's gross negligence or willful misconduct.

For a breach of Section 8, and for our obligations under Section 11.4, each party's total liability is limited to the greater of three times the fees you paid us in the 12 months before the event that gave rise to the claim, or $10,000.

11.3 Your indemnity. You will defend and hold us harmless from third-party claims, including government claims, that arise from:

• information you gave us;
• your bids, prices, representations or certifications;
• your performance of any contract.

11.4 Our indemnity. We will defend and hold you harmless from third-party claims that Deliverables we created (excluding Client Materials) infringe that third party's intellectual property rights.

12. General

• Governing law and venue: the laws of New York govern this Agreement, without regard to its conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Nassau County, New York, and each party consents to their jurisdiction. Either party may instead bring a claim that qualifies for small claims court in that court.
• Independent contractors: the parties are independent contractors. We are not your agent, employee, partner or joint venturer.
• Notices: send notices by email to the address on your account, and to us at info@awardright.com, with a copy to AwardRight LLC, 418 Broadway, Suite 10219, Albany, NY 12207.
• Changes to these terms: we may update this Agreement by giving at least 30 days' notice by email. Changes take effect at your next renewal or your next Order. A signed Order controls over this Agreement for that Order if the two conflict.
• Entire agreement: this Agreement, its exhibits and any Orders are the whole agreement between us on this subject.
• Assignment: neither party may assign this Agreement without the other's consent, except as part of a merger or sale of the business.
• Severability and waiver: if a court finds any part of this Agreement unenforceable, the rest stays in effect. Not enforcing a term does not waive it.
• Force majeure: neither party is liable for delays caused by events beyond its reasonable control, including outages of government systems such as SAM.gov.
• Electronic signatures: checking the acceptance box, paying online and signing electronically are all valid ways to sign.

Exhibits

• Exhibit A: Fee Schedule
• Exhibit B: Refund and Cancellation Policy

Exhibit A: Fee Schedule

Version 1.0. Effective when published at awardright.com/terms. All prices are in US dollars and do not include taxes.

1. Bid alerts plans

You can ask for a free report of your current matches before you sign up.

Changing plans. You can move from Bid Alerts to Bid Alerts Plus at any time. The upgrade takes effect the same day: we charge the difference between the two plans for the rest of the current billing period (monthly or annual), and the small bid for the current quarter is available right away. A move from Bid Alerts Plus to Bid Alerts takes effect at the next renewal date.

Plan benefits apply while the subscription is active and paid on the date an Order is signed.

2. Proposal services (per solicitation)

The tier is set by the annual value of the contract (the base year). Where the solicitation does not state it, we estimate the annual value from the price schedule or comparable past awards and state the tier in the Order before work begins. If the bid analysis shows the contract belongs in a lower tier, we refund or credit the difference; we never raise the tier after the Order is accepted. A solicitation requiring multiple volumes, or evaluated on best value rather than lowest price, moves up one tier.

A small bid covers the compliance check against the solicitation, the required forms and representations, a short capability response, and a price sanity check against comparable past awards. It does not include a technical volume, a pricing workbook or a revision round. Discounts and the setup fee do not apply to small bids; rush fees do.

Every other Order includes a bid analysis, the Client's chosen items above, and one round of revisions on the draft. A compliance review of the final package is included when we prepare the technical proposal.

3. Discounts

• Bundle: 10% off the combined fee when you order a technical proposal and a pricing workbook together.
• Repeat bid: 40% off the technical proposal fee once your Client Library is built (any bid after your first).
• Bid Alerts Plus subscriber: 15% off proposal and pricing fees, applied after the discounts above. Bid Alerts subscribers do not receive this discount.
• Cap: combined discounts never exceed 50% of the list price of the Order. Fees are rounded to the nearest dollar.
• Discounts do not apply to rush fees, add-ons, small bids or the setup fee.

4. One-time library setup fee

$250, charged on the first full proposal Order for clients without a Bid Alerts Plus subscription (including Bid Alerts subscribers). It covers intake and building the Client Library. Bid Alerts Plus subscribers don't pay it, and it is not charged on a small bid.

5. Lead time and rush fees

Lead time is counted in business days from the day the Order is signed and payment is made (for a bank transfer, the day you authorize it) to the solicitation's response due date.

Small bids are accepted down to 3 business days, with the Priority rush fee under 5. If the agency extends the due date after an Order is signed, the rush fee still applies. If the agency extends it before work starts, we will recalculate the rush fee on request.

6. Add-ons

7. Payment terms for proposal services

• Small bids: 100% due when the Order is signed.
• First Order, or any Rush or Priority rush Order: 100% due when the Order is signed.
• Other Orders: 50% deposit due when the Order is signed. The balance is due before editable files are released. You review a read-only draft first.
• Work starts only after the Order is signed and payment is made. A bank transfer counts as made when you authorize it; if it fails, work stops until it is paid.
• Payment by ACH bank transfer (preferred) or card through our payment provider.
• Flat fees only. No fee depends on, or increases with, winning a contract.

8. Examples (normal lead time, proposal + pricing workbook)

Examples only. The Order states the final fee.

Exhibit B: Refund and Cancellation Policy

Version 1.0. Effective when published at awardright.com/terms.

We want this policy to be simple and fair. Refunds go back to the original payment method, usually within 10 business days of approval. To cancel or ask for a refund, use the billing link in any AwardRight email or write to info@awardright.com.

1. Monthly alerts plans (Bid Alerts $49/month, Bid Alerts Plus $149/month)

• Cancel any time. Your plan stays active until the end of the month you've paid for, and you won't be charged again.
• Monthly payments are not refundable, with one exception. If you cancel within 7 days of your first payment and tell us the service wasn't right for you, we refund that first month in full. On Bid Alerts Plus, if we already delivered a small bid for you in that month, the refund is reduced by $350.

2. Annual alerts plans (Bid Alerts $490/year, Bid Alerts Plus $1,490/year)

• First 14 days: cancel within 14 days of your first annual payment, or of any renewal payment, for a full refund. On Bid Alerts Plus, the refund is reduced by $350 for any small bid we have already delivered.
• After 14 days: you can cancel at any time and get a refund of the unused part of your plan, worked out as the annual price, minus the monthly price for each month used (including the current month), and on Bid Alerts Plus minus $350 for each small bid we delivered during the plan year. Your access continues to the end of the current month.
• Bid Alerts example: you cancel in month 4. The refund is $490 − (4 × $49 = $196) = $294. After 10 months there is nothing left to refund.
• Bid Alerts Plus example: you cancel in month 4 and we delivered one small bid. The refund is $1,490 − (4 × $149 = $596) − $350 = $544. With no small bid used it would be $894. After 10 months there is nothing left to refund.
• Renewal: annual plans renew automatically for another year. We email a reminder at least 30 days before renewal with a link to cancel.
• Small bids included with Bid Alerts Plus do not carry over between quarters and have no cash value except as the deduction described above.
• If you used the 15% Bid Alerts Plus discount on proposal services, cancelling does not change those Orders.

3. Changing plans

• Upgrading from Bid Alerts to Bid Alerts Plus takes effect the same day. We charge the difference between the two plans for the rest of your current billing period. If you cancel later, the refund rules for Bid Alerts Plus apply from the upgrade date.
• Moving from Bid Alerts Plus to Bid Alerts takes effect at your next renewal date. There is no refund for the current period, and Bid Alerts Plus benefits continue until then.

4. One-time library setup fee ($250)

Refundable in full until intake begins (our first review of your information). After that, it is not refundable, because it pays for work already done.

5. Small bids ($450, or included with Bid Alerts Plus)

• Refundable in full until we start work.
• Not refundable once the completed small-bid package is delivered to you, because it is produced in a single pass with no revision round.
• If we can't deliver in time for the response deadline for reasons on our side, we refund it in full.

6. Proposal services (Standard, Mid and Large tiers)

7. Add-ons

Refundable in full before work starts. Not refundable after the add-on is delivered.

8. Payment disputes

Please contact us before disputing a charge with your bank. We will usually resolve it faster. If a charge is disputed, we may pause services until it is resolved.

9. Changes

We will give 30 days' notice by email before changing this policy. Changes do not affect payments made before they take effect.