Welcome to the Request for Proposal (“RFP”) Portal (the “Portal”) managed and hosted by the Bill & Melinda Gates Foundation (the “Foundation”) and its service providers to administer proposal submissions and reviews.

These terms govern your use of the Portal and the RFP process (“RFP Terms”). Please note that LOGGING INTO OR USING THE PORTAL WILL BE YOUR AGREEMENT TO THE RFP TERMS, WITHOUT MODIFICATION BY YOU. If you do not agree to the RFP Terms, do not log-in or use the Portal or respond to the RFP. You agree to the following:

A. Incorporated Terms

1. Terms of Use. The RFP Terms include your agreement to the Foundation Terms of Use for www.gatesfoundation.org located here: www.gatesfoundation.org/about/Pages/terms-of-use.aspx ("Foundation Terms"). The Foundation Terms are incorporated into and made a part of the RFP Terms by this reference, and by logging into or using the Portal and/or responding to an RFP you acknowledge that you have reviewed and agree to the Foundation Terms.
2. Privacy Notice. The RFP Terms include all terms and conditions of the Foundation’s Privacy & Cookies Notice for www.gatesfoundation.org located here: https://www.gatesfoundation.org/Privacy-and-Cookies-Notice (“Foundation’s Privacy and Cookies Notice”). The Foundation’s Privacy and Cookies Notice is incorporated into and made a part of the RFP Terms by this reference, and by logging into or using the Portal and/or responding to an RFP you acknowledge that you have reviewed and agree to the Foundation’s Privacy & Cookies Notice.
3. Definitions. Terms used but not defined in these RFP Terms have the definitions set forth in the Foundation’s Terms or the Foundation’s Privacy & Cookies Notice, except that (1) "Site" (as defined in the Foundation Terms) shall include the Portal; and (2) “Content” (as defined in the Foundation Terms) shall include Submission Materials.

B. Confidentiality and Disclosure Notice

To help the Foundation with its review of RFP responses, the Foundation may disclose proposals, documents, communications, and associated materials submitted to the Foundation in response to an RFP (collectively, “Submission Materials”) to its employees, contingent workers, service providers, consultants, independent subject matter experts, and other potential co-funders. Submission Materials will not be treated as confidential, so please carefully consider the information included in the Submission Materials. If you have any doubts about the wisdom of disclosure of confidential or proprietary information, the Foundation recommends you consult with your legal counsel and take any steps you deem necessary to protect your intellectual property. You may wish to consider whether such information is critical for evaluating the submission or if more general, non-confidential information may be adequate as an alternative for these purposes. 

Notwithstanding your characterization of any information as being confidential, the Foundation is under no obligation to treat such information as confidential. 

C. Disclaimers

The RFP is not an offer to contract or award grant funds.  The Foundation assumes no responsibility for your cost to respond to this RFP. All responses generated by this RFP become the property of the Foundation.

Every effort has been made to provide accurate and current information; however, the Foundation makes no representations or warranties whatsoever as to the content of the RFP and disclaims any and all responsibility, including, but not limited to, any inaccuracies, context errors, or omissions. The Foundation shall not be liable for damages associated with user reliance on information provided through the RFP. 

Any information, comments, feedback, recommendations, and/or inquiries from the Foundation, our service providers,  our affiliates/subsidiaries or other potential co-funders (collectively “Comments”), including, but not limited to, Comments provided and information requested by Foundation, our service providers, our affiliates/subsidiaries, or other potential co-funders including, but not limited to, through the Portal, are solely and exclusively intended to facilitate clear communication and assist the Foundation, our service providers, our affiliates/subsidiaries or other potential co-funders to evaluate the proposal for possible funding.  The Comments are not intended in any way to provide directly or indirectly advice, counsel, or guidance on the design and/or conduct of proposal and the Foundation, our service providers,  our affiliates/subsidiaries, and other potential co-funders take no responsibility for the design, compliance, and/or conduct of any proposal.  Any proposer who participates in any way in the Portal or receives funding from the Foundation, our service providers, our affiliates/subsidiaries or other potential co-funders is completely and exclusively responsible for all aspects of any such proposal and all related activities. The Comments to or funding of any proposal is not intended to affirm the compliance of the proposed or funded proposal with any applicable laws or regulations.

THE FOUNDATION, OUR SERVICE PROVIDERS,  OUR AFFILIATES/SUBSIDIARIES AND OTHER POTENTIAL CO-FUNDERS DISCLAIM ALL LIABILITIES, LOSSES, JUDGMENTS, COSTS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) DIRECT OR INDIRECT ARISING OUT OF OR RELATED TO SUBMISSION OF INFORMATION TO, OR PARTICIPATION IN, OR COMMENTS FROM THE FOUNDATION , OUR SERVICE PROVIDERS,  OUR AFFILIATES/SUBSIDIARIES OR OTHER POTENTIAL CO-FUNDERS BY ANY PERSON FOR ANY PURPOSE.  NO WARRANTY OR GUARANTY OF ANY KIND ARISES AS A RESULT OF ANY PARTY’S PARTICIPATION IN OR RELIANCE ON THE FOUNDATION, OUR SERVICE PROVIDERS,  OUR AFFILIATES/SUBSIDIARIES OR OTHER POTENTIAL CO-FUNDERS UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR PURPOSE, WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHER WARRANTY OF QUALITY, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. BY PARTICIPATING IN, AGREEING TO AND ELECTRONICALLY SUBMITTING THIS SUBMISSION TO THE PORTAL, THE APPLICANT AGREES THAT IT HAS READ, UNDERSTANDS, ACKNOWLEDGES and ACCEPTS THE ABOVE LIMITATIONS.    

D. Global Access and Intellectual Property 

Intellectual property (IP) rights and the management of IP rights are likely to play an important role in achieving the goals of the project. To this end, the Foundation requires that, even at this stage, you seriously consider your willingness to submit a proposal in compliance with the Foundation’s requirements, a portion of which may ask for certain information and intentions regarding intellectual property concerns and Global Access.  The Foundation’s Global Access Statement can be found here: https://www.gatesfoundation.org/How-We-Work/General-Information/Global-Access-Statement. Specifically, the Foundation requires that:

The Applicant conduct and manage the funded project and the Funded Developments in a manner that ensures Global Access. The Applicant’s Global Access commitments will survive the term of any agreement with the Foundation. “Funded Developments” means the products, services, processes, technologies, materials, software, data, other innovations, and intellectual property resulting from the funded project (including modifications, improvements, and further developments to Background Technology). “Background Technology” means any and all products, services, processes, technologies, materials, software, data, or other innovations, and intellectual property created by the Applicant or a third party prior to or outside of the funded project and used as part of the project. “Global Access” means: (a) the knowledge and information gained from the project will be promptly and broadly disseminated; and (b) the Funded Developments will be made available and accessible at an affordable price (i) to people most in need within developing countries, or (ii) in support of the U.S. educational system and public libraries, as applicable to the project.

The Foundation will make selection decisions based, in part, on whether your technologies and expertise is most appropriate for the success of the RFP.

As part of the Foundation’s review and evaluation of each proposal, the Foundation will conduct due diligence with respect to your ability and commitment to manage intellectual property in a manner consistent with the stated scientific and charitable goals of the Foundation. Due diligence activities may include inquiry into your: 

1) Freedom to operate and ability to freely use and acquire needed background technology; and

2) Commitment to promote the utilization, commercialization and availability of Funded Developments for public benefit. 

The Foundation encourages you to include this information in your response.

E. Access to the Portal. 

For access to the Portal, you will be required to set up and maintain a user account, including a username and password (“Credentials”) and accept the terms and conditions linked in the Portal. The Portal is only for use by persons who: (a) are submitting or have submitted a proposal, (b) have been invited to collaborate on the proposal by the individual or organization who is submitting a proposal though the Portal,(c) is a potential co-funder or a service provider, subject matter expert, or consultant that has been engaged by the Foundation to review proposal submissions on the Foundation’s behalf or (d) are Foundation personnel who have a need to access the Portal, including to provide technical and administrative support (persons described in (a),(b), (c), or (d) are hereafter called a "Member"). In accessing the Portal, you represent and warrant that you are a Member and that you have received a Credential as described in these RFP Terms. You agree that all uses of your Credential will be attributed to you and legally bind you and may be relied upon by the Foundation, our affiliates/subsidiaries, and our service providers as a use of the Portal being made by you.  You agree to guard your Credentials as confidential information.

F. Privacy of Personal Data. 

1. Personal Data Collected through the Portal. 

(i) Access to Portal. To create the Credentials for your Portal user account, you will be asked to provide your first/last name, password and email address.

(ii) Submission Materials. To submit your proposal, you will be asked to provide the following personal data: first/last name, job title, email address, phone number, country location or other personal data as expressly requested in the RFP contents. 

2. Use of Personal Data. The Foundation may use your personal data in accordance with these RFP Terms and solely to (i) allow the Foundation or its service providers to create your user account and provide your Credentials; (ii) communicate with you about the Submission Materials; (iii) review the Submission Materials; and (iv) to develop and improve the RFP process. 

3. Sharing Personal Data. The Foundation may share your personal data with Foundation employees, contingent workers, consultants, service providers, independent subject matter experts, affiliates/subsidiaries and/or potential co-funders for the purposes outlined in Section F(2) above.

G. Additional Terms for Proposal Reviewers

Your access to Portal is governed by these RFP Terms and the terms and conditions of your confidentiality obligations with the Foundation and/or its affiliates/subsidiaries. To access the Portal to review proposals, you will be required to have a user account, including login Credentials and agree to the terms and conditions linked in the Portal. You agree to guard your Credentials as confidential information. You will also be able to provide comments to each proposal through the Portal. You acknowledge and agree that any information you provide through the Portal will be deemed to be Feedback, as that term is defined in Section 6 of the Foundation Terms.

H. Release and Verification

In exchange for the opportunity to be awarded a grant or contract,  you agree that the Foundation may, in its sole discretion: (1) amend or cancel the RFP, in whole or in part, at any time; (2) extend the deadline for submitting responses; (3) determine whether a response does or does not substantially comply with the requirements of the RFP; (4) waive any minor irregularity, informality or nonconformance with the provisions or procedures of the RFP; (5) issue multiple awards; (6) share responses generated by this RFP with Foundation staff, consultants, contingent workers, service providers, subject matter experts, and potential co-funders; and (7) copy the responses.  

You agree not to bring a legal challenge of any kind against the Foundation relating to the Foundation’s selection and award of a grant or contract arising from this RFP.

You represent that you have responded to the RFP with complete honesty and accuracy.  If facts provided in your response change, you will supplement your response in writing with any deletions, additions or changes within ten days of the changes, as necessary, throughout the selection process.You understand that any material misrepresentation, including omissions, may disqualify you from consideration for a grant or contract award.

By responding to this RFP, you are representing: (i) that you have authority to bind the named applicant to the RFP Terms set forth above, without amendment; and (ii) that you agree to be bound by them.