RFQ Solicitation HC102820R0049 Siemens 832016181 060320.docx

HC102820R0049

Section SF 1449 - CONTINUATION SHEET

*** Note – Complete/sign blocks 30 a, b, and c on page 1.

*** Note – Complete unit price, (extended) amount, and net amount for each item and for the sum of all items. Complete highlighted response items throughout the document.

REINSTATED SIEMENS SUPPORT POP

POP: The Government order has an effective POP from the award date - 12/31/2020. There were no new releases or versions received from 4/1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

Siemens Software Support Renewal

FFP

Siemens Software Support Renewal - Part NX13100 / Description NX MACH 3 PRODUCT DESIGN POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

PURCHASE REQUEST NUMBER: 832016181

PSC CD: D319

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NX13430 / Description NX TOTAL MACHINING POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NX30128 / Description NX Assembly Path Planning POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NX30146 / Description NX Ship Structure Manufacturing Prep POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NX30214 / Description NX Ship Structure PMI Creation POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NX30215 / Description NX Piping Fabrication Drawings & PMI POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NX30619 / Description NX STEP AP242 POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NX30620 / Description NX One-Step Formability Analysis POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NX30626 / Description DFMPro for NX POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part NXEB1010 / Description EB NX CAD Super POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part PX10010 / Description PLM XML SDK(Software Developer Kit) POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part SC13500 / Description Simcenter Structures POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part SE375F / Description Solid Edge Embedded Client - Floating POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TC030505 / Description Teamcenter Integrated Material Management (IMM) POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TC032022 / Description SERVICE ASSET MANAGEMENT POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TC10405 / Description Teamcenter Open (SDK) POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TCM055010 / Description MANUFACTURING RESOURCE LIBRARY POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TCM055022 / Description Teamcenter Manufacturing Planning Pro POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TCM55012 / Description NX CAM EMBEDDED CLIENT POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TN75005C / Description Plant Simulation Professional Concurrent POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TN70030C / Description Process Simulate Human Concurrent POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TN70031C / Description Process Simulate Human Advanced (Jack) Concurrent POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TN70032C / Description Process Simulate Motion Capture Concurrent POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TN70165C / Description Process Simulate Point Cloud Advance Floating POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TN7005C / Description TN7005C - Process Simulate Concurrent POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

NET AMT

Siemens Software Support Renewal

Siemens Software Support Renewal - Part TC1DOTC / Description US NAVY NAVSEA TC Enterprise Bundle, including the not separately priced (NSP) items below:

TC032028 Service Technician TC10410 Teamcenter Integration Framework (TcIF) TC10411 Linked Data Framework (LDF) TC20705 Teamcenter Visualization & Illustration TC20706 Teamcenter Visualization Analysis Option TC20707 Visualization Animation Creation TC20716 Lightweight Package Exchange TC30600 Teamcenter NX Embedded Client TC30911 Design Data Exchange TC30912 Supplier Program Management TC30913 Direct Materials Sourcing TC30914 Supplier Collaboration Foundation TC30915 Briefcase Browser TC30919 Supplier Self Service TC31301 Simulation Author TCM55045 Electronic Work Instructions Advanced TC050420 Issue Management and CAPA POP: The Government order has an effective POP from the award date - 12/31/2020, reinstating the Siemnes Supprt period of 4 /1/2020 – to the award date. The Siemens renewal POP will be reinstated from 4/1/2020 – 12/31/2020. Reinstatement penalty fees shall be waived and the Government shall be entitled to new releases/versions for the reinstated POP of 4/1/2020 – 12/31/2020.

FOB: Destination MFR PART NR: See Description

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INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

08-JUN-2021

2510 WALMER AVENUE, SUITE A

NORFOLK VA 23513

LAUREN ISAAK

757-756-5450 FOB: Destination N00024

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

(a) Definitions. As used in this clause--

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (MAR 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers.