28321318R00000022.docx

SECTION A - PRICING

Addendum to Standard Form 1449 In accordance with Federal Acquisition Regulation (FAR) 12.302 and 12.303, this addendum to the Standard Form (SF) 1449 provides for continuation of the schedule and description of the supplies/services to be acquired.

Contract Maximum and Minimum

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the pricing table, not to exceed the contract maximum amount of [to be completed at time of award] for all orders.

The Government will order the supplies or services designated in the pricing table, in the guaranteed minimum amount of $25,000 over the period of performance of the contract.

Instructions for completing the pricing tables can be found in Section E-10, Instructions To Offerors.

SECTION B

B-1 PURPOSE

The Office of Disability Information Systems is seeking a commercial off the shelf (COTS) software product including software licenses, maintenance, training and engineering / implementation support, for an enterprise-level Document Identification Process (DIP) to identify duplicate documents in the Social Security Administration’s electronic folder and provide the ability to isolate those duplicate documents to support streamlining agency business processes. Duplicates need to be isolated and placed in a different section of the electronic folder or marked with an easily identifiable “Duplicate” watermark.

B-2 BACKGROUND

Currently SSA receives over 16 million documents a year and stores the documents in the electronic folder as TIFF (Tagged Image File Format) and PDF (Portable Document Format) document formats. The enterprise DIP solution will be integrated into SSA’s Disability architecture and support the identification and de-duplication of documents stored in the electronic folder. The DIP solution will automate and replace existing manual processes to identify and isolate duplicate documents in an efficient and effective manner. The DIP solution shall include unlimited (non-restrictive) user licensing to support the enterprise.

SSA supports a life cycle environment that includes development, validation, integration, training, acceptance testing and production. Non-production environments (development, validation, and integration) are used for testing new software upgrades prior to production releases. The non-production environments are intended to replicate the actual production environment but on a smaller scale with less resources (server /CPU/memory/storage) in use.

B-3 TECHNICAL REQUIREMENTS

B-3.1 SCOPE

SSA needs a comprehensive Document Identification Process software solution to meet the agency’s current document de-duplication needs in its electronic folder. SSA will centrally manage the solution. It will run on all documents inserted into the Disability electronic folder.

B-3.2 MANDATORY TECHNICAL REQUIREMENTS

SSA requires a COTS Document Identification Process (DIP) solution to support the agency’s document de-duplication needs. The vendor’s software solution shall meet or exceed the following baseline technical requirements:

B-3.2.1 Product Architecture and Infrastructure

· The DIP system shall be composed of a homogeneous COTS product consisting of one codebase to support the solution. (001)

· The DIP system shall be composed of multi-tier architecture that involves separate web, application, data and authentication layers. (002)

· The DIP system shall support a multi-server (x86) / Linux Operating Systems (64bit Red Hat RHEL 7.3x) infrastructure that provides scalability, clustering, load balancing, and operates in a virtual environment (on premises and cloud). The system shall be capable of running on virtual servers. (003)

· The DIP system will allow for High Availability (HA) and Disaster Recovery (DR) functionality either using virtualization capabilities or physical servers located at alternate datacenter(s). (004)

· The capability for the DIP system shall be configurable for High Availability with 99.9% uptime. (005)

· The DIP system shall enable replicated DIP services with failover capability. (006)

· The DIP system shall support 64 bit. (007)

· The DIP system viewer shall run in a web browser on workstations and laptops running Microsoft Windows 7 or 10 operating system with Microsoft Internet Explorer 11. The system shall enable users to view data results across multiple monitors. (008)

· The DIP system shall provide centralized administration and monitoring (009)

· The DIP system shall support processing 100K documents per day (real-time), averaging 50 pages per document; however single documents can exceed 2000 pages, and up to 5,000 concurrent users. The product shall also support on-demand / batch processing documents identified in SSA’s electronic folder. APIs shall exist to support this interoperability. (010)

· The DIP system shall provide APIs / internal controls / system statistics to monitor processing and application health. (011)

· The DIP system shall provide streamlined software maintenance and patching capability. (012)

B-3.2.2 Security and Data Privacy

· The DIP system shall provide the ability to manage users and data security including role based access control, single sign-on (Kerberos) and Lightweight Directory Access Protocol (LDAP) integration, SAML. All system account validations shall be compatible with Smart Card, Kerberos or Dell Enterprise Single Sign on Software for user authentication. (013)

· The DIP system shall use encrypted communication (e.g., SSL) that meets Federal IT Security standards between all system components. (014)

· The DIP system shall provide APIs to manage security and access and provide the capability to limit / grant access to certain functionality by Role Based Access Controls. (015)

· The DIP system shall provide audit capabilities to allow for tracking of user activities. (016)

B-3.2.3 Document Services

· Given electronic documents stored in TIFF and PDF format, the DIP system shall be able to receive and process TIFF and PDF documents and identify duplicate and near duplicate documents. The system shall enable meta-data to be assigned during processing that provides detailed information on the duplicate detection that can be used in downstream processing (for example, 100% duplicate, 85% duplicate, etc). This processing will occur both automatically and on demand (batch – triggered by end user) for SSA’s electronic folder. The product will provide APIs to enable interoperability with other systems and trigger events. (017)

· The DIP system shall identify and process duplicate documents in the most efficient manner and not require pre-processing steps such as Optical Character Recognition (OCR) as part of the document pipeline. (018)

· The DIP system shall provide the capability to mark an entire document, page, or page range as a duplicate(s) and provide end users with a web viewer to examine the information and have the ability to take action on the document (example: isolate the document). APIs to manage this functionality shall exist to enable interoperability. (019)

· The DIP system shall provide the ability to enable end users to select part of a document that is not a duplicate. APIs to manage this functionality shall exist to enable interoperability. (020)

· The DIP system shall provide APIs to enable metadata to be associated with duplicate documents, pages, and page-ranges to enable downstream processing. (021)

· The DIP system shall identify and extract data values to support downstream processing of documents. (022)

· The DIP system shall: enable audit / system statistics on automatic processing and on demand processing; provide a run-time log detailing successful and unsuccessful processing; and provide the ability to generate runtime and adhoc graphical reports. (023)

· The DIP system shall provide audit capabilities to allow for processing and usage tracking. The metrics should include but are not limited to: number of documents processed / number of pages processed / number of documents rejected / number of failures / number of users accessing the system (example: User credentials identifying and de-duplicating documents and pages) and time spent by user on the system. (024)

· The DIP system shall provide side by side comparison of documents for end user verification in a web enabled viewer. The system shall mark-up/highlight and provide feedback to the end user on the differences. (025)

· DIP system shall have the ability to create user defined tags and place the tags on documents. The system shall have the capability to identify what tag(s) are assigned to a document without having to open the document. (026)

· The DIP system shall have the ability to allow documents to be stored in a central document repository, accessible to all authorized users with access rights. (027)

B-3.2.4 Reports

· The DIP system shall produce reports on systems statistics and processes. (028)

· The DIP system shall be capable of providing ad-hoc and custom reporting functionality on all data in the system. (029)

· The DIP system shall have the ability to generate a system health audit report. This report will detail system availability; system process status; storage used/available; indexes, etc.; error status or problems. (030)

· The DIP system shall have the capability of generating error and exception reports. (031)

· The DIP system shall have the capability of reporting on the status of the system components and data. (032)

B-3.2.5 Extensibility

· The DIP solution shall provide an Application Programming Interface (API) to extend its product capabilities for viewing, identifying, managing, and searching for duplicate documents. (033)

· The DIP solution database / meta-data is open and extensible to support agency needs. (034)

B-4 SUPPLIES AND SERVICES

The scope of this requirement is to procure a commercial off the shelf (COTS) software product including software licenses, maintenance, implementation engineering support and training, to support the deduplication of documents within the Disability Electronic folder. This includes software support and annual software license maintenance for a Document Identification Process solution. This solution shall include unlimited (non-restrictive) user licensing to support the enterprise. Deployment will consist of using Government furnished development, validation, integration, acceptance testing, training and production computing environments to build, test, and deploy the application as designed. The Contractor shall develop an implementation plan that addresses software installation, configuration, implementation, application training, and site operational. Following award, the Contractor will work with the Government to develop a mutually agreed upon final version of the Contractor’s proposed project schedule.

This project will use SSA-furnished and administered infrastructure resources (computing platforms including all required hardware, connectivity components, and operating system, for development, test, and production (e.g., operating environment). The operating environments for this project may be virtual. The solution shall be operational in a high availability, redundant architecture (e.g. active/active, clustered, server pool, etc.) and ideally operate on a virtual platform. If the solution contains embedded components these imbedded components shall be maintained in accordance with information assurance (IA) and Security Implementation compliance timelines. Vulnerabilities shall be remediated within Government security guidelines and schedules. Patches and updates shall be independent of the Contractor software release lifecycle. For example, a java patch that is required to be applied immediately shall be provided in accordance with Government guidelines and schedule and not held to coincide with next Contractor software release.

B-4.1 Software Licenses

The contractor shall provide the Government with all COTS software and software licenses required to deliver the DIP Solution in order to meet all of the SSA architecture, development, testing, security, performance, capacity and functional DIP requirements. Upgrades shall be made available to the COTR upon release.

B-4.2 Software Maintenance & Helpdesk support

· The Contractor shall provide software maintenance, updates and minor upgrades to support the DIP COTS software solution to the agency.

· A minor upgrade can be used to add new features and components but cannot reorganize the feature-component tree. Minor upgrades provide product differentiation without actually defining a different product. A typical minor upgrade includes all fixes in previous small updates combined into a patch. A minor upgrade is also commonly referred to as a service pack (SP) update.

· Upgrades shall be made available to the COTR upon release.

· The software licensing and support shall cover the entire IT environment. Maintenance does not become effective until the Government accepts the production system.

· The Contractor shall ensure that the software products and any product enhancements associated with the products in this contract will support commercially available operating systems, hardware, and processing environment technologies, and shall comply with all applicable Federal and SSA IPv6 policies

· The Contractor shall include help desk services with the software licenses. These services will enable a problem ticket to be opened and the helpdesk will respond and work to resolve the issue.

B-4.3 Software Engineering / Implementation Support

· The Contractor shall provide software engineering and implementation support to install and configure the DIP software solution in the Social Security Administration’s supported infrastructure so that it satisfies the DIP requirements identified in section B-3.2 Mandatory Technical requirements.

· The Contractor shall provide software engineering and support services to integrate the DIP COTS solution to meet the needs of the DIP requirements identified in section B-3.2 Mandatory Technical requirements. The Contractor shall provide labor categories and hourly rates that can be used to obtain software engineering and support services.

· The Contractor shall perform pre-installation and validation testing to verify that the SSA infrastructure is properly configured and operating to support the DIP solution. The Contractor shall document all known defects and plans for resolution.

· The Contractor shall review with the Government the DIP COTS product architecture, documentation or other materials related to installation and configuration of the system. Additionally, the Contractor shall identify unique configurations or environmental considerations, which may impact the implementation of the DIP solution in the production environment or any other lesser environment. The Contractor shall define and document the solution design and configuration in engineering and implementation plans that include at minimum:

1) Solution architecture model, which defines solution components and component interface specifications

2) Physical architecture model, which provides a network diagram, system specifications and configurations including changes required to SSA environments

3) Validation approach, which provides a high-level description of how the systems functional and non-functional requirements will be validated

4) Modifications to existing systems or data structure(s) required to support the implementation of a COTS DIP solution.

· The Contractor shall provide all Application Program Interfaces (APIs) required to integrate the DIP Solution into the SSA environment. The Contractor shall ensure the APIs perform all required communication between the SSA programs required for the DIP solution to perform as required.

· Provide Deployment Plans for the DIP Solution. The Contractor’s Deployment Plans shall:

a. Address methods by which the DIP solution will be rolled-out to users;

b. Include detailed steps for deploying the solution

c. Include a release strategy and release management approach for full enterprise-wide deployment.

· Prepare and deliver a Standard Operating Procedures (SOP) document. The Contractor’s SOP shall include but not be limited to:

a. The procedures for deploying the DIP Solution through the SSA lifecycle (development, validation, integration, acceptance testing, training and production) environments. The procedures shall contain step-by-step instructions for software installation and configuration including high availability, backup and recovery.

b. Detailed description and procedures associated with operations and maintenance (O&M) of the production and non-production systems including patch and vulnerability management.

c. Processes and procedures that shall be followed by the Helpdesk/Service Desk, and application administrators for operating the DIP system.

· The Contractor shall develop an implementation plan that addresses software installation, configuration, implementation, application training, and site operational. Following award, the Contractor will work with the Government to develop a mutually agreed upon final version of the Contractor’s proposed project schedule.

B.4.3.1 Ongoing Engineering Support Services

· The Contractor shall provide ongoing engineering and support services in the base year and following option years. These services include but not limited to DIP software solution installation, configuration, implementation, maintenance, and custom development required to support new DIP requirements.

· Base year services are also required to support initial implementation into SSA infrastructure and integration with supporting agency systems (example: Document management architecture where images are stored)

· Training will be required for software installation, configuration and administration. Training will be required to support software customization (Application Program Interfaces) and development.

· Engineering support will be required for continued agency integration with internal SSA systems and services.

· Training will be required for software installation, configuration and administration. Training will be required to support software customization (Application Program Interfaces) and development.

· Engineering support will be required for continued agency integration with internal SSA systems and services.

· Training will be required for software installation, configuration and administration. Training will be required to support software customization (Application Program Interfaces) and development.

· Engineering support services will be required for new requirement development

· Engineering support will be required for continued agency integration with internal SSA systems and services.

· Training will be required for software installation, configuration and administration. Training will be required to support software customization (Application Program Interfaces) and development.

· Engineering support services will be required for new requirement development

· Engineering support will be required for continued agency integration with internal SSA systems and services.

· Training will be required for software installation, configuration and administration. Training will be required to support software customization (Application Program Interfaces) and development.

· Engineering support services will be required for new requirement development

B-4.4 Training Support

In order for SSA staff to utilize the full functionality of the DIP Solution, the Contractor shall provide DIP training to SSA staff.

To fulfill SSA requirements for DIP training, the Contractor shall:

1) Provide training classes on installation and configuration, Administration, Software development techniques, and APIs.

2) Provide in-person training at an agency specified site location.

a. The government will typically give at least 30 days’ notice for each training session.

b. The average training class size shall be between 15-20 individuals.

3) Provide training at a length greater than 1 hour, and not more than 8 hours, with the final length determined by when all attendees have reached competence on the particular course (example: API Development).

a. Training sessions shall include time for questions and answers.

4) Conduct the number of classroom training sessions required to keep SSA personnel current on DIP functionality.

5) Provide qualified instructors and deliver all classes including learning objectives, course content and delivery of evaluations (delivery of evaluations is to be done at the end of each class).

6) Prepare training packages that consist of, but are not limited to, training documentation outlining installation and configuration, API development, Administration and monitoring, course outline, course learning objectives, test bank of review questions, operational scenarios, and storyboards, Frequently Asked Questions (FAQ), and instructor notes.

7) Review and recommend revisions/refinements to current training materials, resources, and delivery methods based on enhancements to application, releases, new standards analyses, and feedback based on user evaluations and FAQs.

8) Review and provide recommended updates to the Training Plan and materials no-less than every six (6) months to reflect the current state of DIP solution and / or changes to the core COTS product.

a. All documentation and software/media used for training must be approved by the Government and shall become the property of the Government upon delivery.

B-4.5 Travel

The contractor may be required to travel to SSA Headquarters in Woodlawn, Maryland to support systems engineering / implementation support and training.

· Travel away from the contractor staff’s normal commuting area may be ordered, and will be reimbursed as a material item as follows:

· Airfare, usual and reasonable transportation, lodging, and per diem will be reimbursed as a material item. Documentation in support of airfare, transportation, and lodging shall be included with the contractor’s invoice for single expenses exceeding $75.

· Any airfare purchased shall be at the most economic fare available.

· Per diem is payable when overnight travel is required, but shall not exceed the per diem rates listed by the General Services Administration, which can be found online at: http://www.gsa.gov/portal/category/104711.

· Payment of per diem will be calculated based on the percentage of the work day spent outside of the contractor staff’s normal commuting area. Travel costs for Mileage for travel may be reimbursed, when appropriate at the mileage rates listed by GSA at http://www.gsa.gov/portal/category/104715.

B-4.6 Labor Categories and Definitions

Senior Systems Engineer Functional Responsibility: Works at the highest systems level to provide expert advice and counsel to assigned functional/user area, team members, managers and project teams for systems of the most complex nature. Has in depth understanding of COTS product line, installation, configuration, administration, training, development and integration of all product line components and sub-systems. Has the ability to provide guidance and or oversee the integration of new applications with established systems, databases, security, capacity planning, tuning, and other technologies; confers with assigned systems users and evaluates utilization to identify requirements modifications which will facilitate integration, increase efficiency and/or reduce costs; investigates new procedures, infrastructure, equipment and related technologies to determine their usefulness and applicability to operations; assists systems management in developing systems analysis standards and provides consultative direction to applications programmers, systems software engineers, computer center operations and user personnel in the planning and scheduling of systems projects which cross functional lines or are of the most complex nature.

Senior Systems Developer Functional Responsibility: Designs, develops and implements well-integrated and cost-effective solutions to support the COTS product line and customer custom requirements. Works closely with client project managers and technical leaders and other developers to understand customers’ business objectives and systems requirements; designs and develops solutions, infrastructures; designs and implements a strategy to integrate product line components into client custom solutions. Provides a deep understanding of all product line components (infrastructure, APIs, database) and technologies to enhance and extend product features and components into client solutions. Coordinates enhancements and maintenance of developed systems and sites; provides recommendations for enhancements, integration efficiencies including software, servers, server operating systems, hardware requirements and security requirements. Provides technical advice and expertise to developers and team members in the installation, acceptance testing, and evaluation of newly released software.

B-4.7 Task Order Procedures

(a) General

(1) All Task Orders are subject to the terms and conditions of the contract. In the event of conflict between a Task Order and the contract, the contract will take precedence. Orders for CLINs 1, 2, and 4 are fixed price and will be ordered on an as needed basis using the pricing tables.

(2) No work will be performed and no payment will be made except as authorized by a Task Order.

(3) The government will issue all Task Orders by email.

(b) Ordering

(1) Only an authorized SSA Contracting Officer (CO) can issue a Task Order under this contract.

(2) The funds for each Task Order will be obligated at the time of Task Order issuance/execution.

B-5 SECTION 508 CONFORMANCE

The following Section 508 standards apply to the electronic and information technology (EIT) deliverables listed in the tables below. See Attachment C: Instructions to Contractors Applicable to Section 508 Compliance Claims.

· Technical standards from 36 CFR part 1194 Subpart B apply to this acquisition.

· Functional performance criteria from 36 CFR part 1194 Subpart C apply to this acquisition.

· Information, documentation, and support standards from 36 CFR part 1194 Subpart D apply to this acquisition.

B-5.1 Installation, Configuration & Integration Services

When the contractor provides installation, configuration or integration services for equipment and software pursuant to this contract, the contractor shall not install, configure or integrate the equipment and software in a way that reduces the level of conformance with the applicable Section 508 standards. SSA reserves the right to perform testing on a contractor’s EIT solution in order to validate the contractor has installed, configured or integrated the EIT solution in a way that does not reduce the level of conformance with the applicable Section 508 standards.

B-5.2 Maintenance Upgrades & Replacements

The contractor shall ensure maintenance upgrades, substitutions, and replacements to equipment and software pursuant to this contract do not reduce the original level of conformance with the applicable Section 508 standards at the time of contract award. The Agency reserves the right to evaluate upgrades, replacements, and substitutions using a Voluntary Product Accessibility Template or requiring test units to perform hands-on Section 508 and accessibility testing before final acceptance.

B-5.3 Support Services and Accessibility

The contractor must comply with the Section 508 Standards 36 CFR Subpart D -1194.41 for electronic and information technology (EIT) deliverables and services in this contract. The contractor’s support services shall accommodate the communication needs of end-users with disabilities based on the following minimal criteria:

· Where the contractor provides telephone support services, the contractor shall also provide TTY access for help desk personnel who may require assistance for the hearing-impaired.

· If the contractor provides support services through an internet-based website, the contractor shall ensure the site is compliant with the Section 508 Standards 36 CFR Subpart B 1194.21 and 1194.22 and Subpart C 1194.31.

SECTION C - Contract Clauses and Terms and Conditions

C-1 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar

C-2 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

C-3 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016) C-4 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) C-5 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) C-6 52.252-6 Authorized Deviations in Clauses. (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Social Security Acquisition Regulation (48 CFR 23) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

The clause at C-7, below, is applicable to firm-fixed-price orders and firm-fixed price line items within task orders.

C-7 52.212-4D CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (DEVIATION 2017-02) (AUG 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed…