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36C10X18Q9172 FedBizOpps Combined Synopsis/Solicitation Notice
CLASSIFICATION CODE
SUBJECT
CONTRACTING OFFICE'S
ZIP-CODE
SOLICITATION NUMBER
RESPONSE DATE
(MM-DD-YYYY)
ARCHIVE
DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
SET-ASIDE
NAICS CODE
CONTRACTING OFFICE
ADDRESS
POINT OF CONTACT
(POC Information Automatically Filled from User Profile Unless Entered)
DESCRIPTION
See Attachment
AGENCY'S URL
URL DESCRIPTION
AGENCY CONTACT'S EMAIL
ADDRESS
EMAIL DESCRIPTION
ADDRESS
POSTAL CODE
COUNTRY
ADDITIONAL INFORMATION
GENERAL INFORMATION
PLACE OF PERFORMANCE
* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 N (New Heat) FY18 HITC Heat Pump Replacement Solicitatation 21703 36C10X18Q9172 09-05-2018 N 238220 Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703 cedric.jackson@va.gov Contract Specialist Cedric.jackson@va.gov Contract Specialist This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Solicitation 36C10X18Q9172 issued as a Request for Quote (RFQ). This solicitation is being conducted under FAR Part 13 Simplified Acquisition Procedures (SAP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97 effective January 24, 2018. The NAICS Code is 238220 - Heat Pump Installation; Product Service Code NO99 – Installation of Miscellaneous Equipment. The Small Business size standard is $15 Million. The Government will award a single award contract resulting from this solicitation.
Quote Due Date: 09/05/2018 at Noon ET Questions Due Date: 08/29/2018 at Noon ET The provision at FAR 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and an addendum is below.
The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and an addendum is below.
See below for further requirements and solicitation details.
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE
DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER
UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE
NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a.
SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIO
NS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF
CONTRACTING OFFICER (TYPE OR PRINT)
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
36C10X18Q9172 08-23-2018 Cedric Jackson
(240) 215-1651 09-05-2018 Noon ET Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703 X X 238220 $15 Million X N/A X Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703 Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, S uite 125 Frederick MD 21703
See Section B.1 Contract Administration Data
See CONTINUATION Page HITC Heat Pump Replacement
DUNS:_
TINS:_
CAGE:_
$0.00 See CONTINUATION Page X X Lindi Sylvester Contracting Officer Table of Contents
| SECTION A | 3 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 3 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 6 |
| B.1 CONTRACT ADMINISTRATION DATA | 6 |
| B.2 PERFORMANCE WORK STATEMENT | 8 |
| B.3 PRICE/COST SCHEDULE | 19 |
| ITEM INFORMATION | 19 |
| ALL ITEM NUMBERS (FOR EXAMPLE CLIN 0001 AND SLIN 0001AA) MUST BE PRICED IN THE FOLLOWING TABLE. | 19 |
| SECTION C - CONTRACT CLAUSES | 27 |
| C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017) | 27 |
| C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS | 34 |
| C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 34 |
| C.4 VAAR 852.211-70 SERVICE DATA MANUALS (NOV 1984) ALTERNATE I (JAN 2008) | 35 |
| C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016) (DEVIATION) | 37 |
| C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE.(JUL 2018) | 37 |
| C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 38 |
| C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) | 39 |
| C.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 39 |
| C.10 MANDATORY WRITTEN DISCLOSURES | 39 |
| C.11 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 39 |
| C.12 FAR 52.237-1 SITE VISIT (APR 1984) | 41 |
| C.13 FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) | 41 |
| C.14 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017) | 42 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENT | 50 |
| D.1 ATTACHMENT A: WAGE DETERMINATION | 50 |
| D.2 ATTACHMENT B: PAST PERFORMANCE QUESTIONNAIRE (PPQ) | 50 |
| D.3 ATTACHMENT C: FLOOR PLAN LAYOUT | 55 |
| D.4 ATTACHMENT D: LABOR BREAK DOWN | 55 |
| D.5 ATTACHMENT E: HEAT PUMP DATA MATRIX | 55 |
| SECTION E - SOLICITATION PROVISIONS | 56 |
| E.1 INSTRUCTIONS TO QUOTERS | 56 |
| E.2 FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 59 |
| E.3 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS | 60 |
| E.4 FAR 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) | 60 |
| E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 61 |
| E.6 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) | 62 |
| E.7 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) | 62 |
| E.8 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008) | 63 |
| E.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) | 63 |
| E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) | 64 |
| E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) | 64 |
| E.12 VAAR 852.246-70 GUARANTEE (JAN 2008) | 65 |
| E.13 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) | 65 |
| E.14 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 65 |
| E.15 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017) | 66 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: TBD
b. GOVERNMENT: Lindi Sylvester, Contracting Officer 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, 52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award Management, or
| [ ] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [ ] |
| b. Semi-Annually | [ ] |
| c. Other | [X] Upon delivery and acceptance by COR. |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
TUNGSTEN (fka OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL
FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS
Contractor POC: TBD Contracting POC: TBD COR (Contracting Officers Representative): TBD
Contract Number: TBD Purchase Order Number: TBD
Vendor Electronic Invoice Submission Methods:
Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.
· VA’s Electronic invoice presentment and payment system-The FSC uses a third party contractor, OB10, to transition vendors from paper to electronic invoice submission. Please see OB10 contact information below to begin submitting electronic invoices, free of charge.
· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).
· The X12 EDI Web site (http://www.x12.org).
Vendor e-invoice Set-up information:
Please contact OB10 at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the e-invoicing program or OB10, please contact the FSC at the phone number or email address listed below.
· OB10 e-Invoice setup information: 1-877-489-6135
· OB10 e-Invoice email: VA.Registration@ob10.com
· FSC e-Invoice contact information: 1-877-353-9791
· FSC e-Invoice email: vafsccshd@va.gov
· http://www.fsc.va.gov/einvoice.asp
COMMUNICATIONS:
· https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests
· http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily
· VAFSCFiscalSection101@va.gov or you can call 512-460-5401
5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PERFORMANCE WORK STATEMENT
TITLE: HITC Heat Pump Replacement and Installation of designated units
1.0 BACKGROUND
The mission of the Department of Veterans Affairs (VA), Office of Information & Technology (OIT), Data Center Operations (DCO) is to provide benefits and services to Veterans of the United States. In meeting these goals, OIT, DCO strives to provide high-quality, effective, and efficient Information Technology (IT) services to those responsible for providing care to Veterans at main hospital campuses as well as throughout Community Based Outpatient Clinics (CBOC’s) located throughout the United States, in an effective, timely and compassionate manner. VA depends on Information Management/Information Technology (IM/IT) systems to further meet mission goals.
In order to accomplish the mission and goals of the Department of Veterans Affairs Hines Information Technology Center (HITC) needs to replace the existing154 heat pumps with like kind.
2.0 APPLICABLE DOCUMENTS
In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:
· 44 U.S.C. § 3541, “Federal Information Security Management Act (FISMA) of 2002”
· Federal Information Processing Standards (FIPS) Publication 140-2, “Security Requirements For Cryptographic Modules”
· 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”
· 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”
· Department of Veterans Affairs (VA) Directive 0710, “Personnel Suitability and Security Program,” May 18, 2007
· VA TIL Specification - Section 01 35 26 Safety Requirements
· VA TIL Specification – Section 01 91 00 General Commissioning Requirements
· VA TIL Specification – Section 23 05 41 Noise and Vibration Control for HVAC
· VA TIL Specification – Section 23 05 93 Testing, Adjusting and Balancing for HVAC
· VA TIL Specification – Section 23 21 13 Hydronic Piping
· VA TIL Specification - Section 23 31 00 HVAC Ducts and Casings
· VA TIL Specification - Section 23 81 43 Air-Source Unitary Heat Pumps
· VA TIL Specification - Section 23 81 46 Water-Source Unitary Heat Pumps
· VA TIL Specification - Section 26 05 11 Requirements for Electrical Installation
3.0 SCOPE OF WORK
1. The Contractor shall provide all labor, supervision, tools, transportation, equipment, and materials necessary to remove and replace a total of one hundred fifty-four (154) high-efficiency heat pumps of brand name or equal to section ‘B’ heat pump data matrix (office setting) and Digital ATS/temperature sensors that are Building Automation and Control Network (BACNet) compatible. Units shall be compatible with existing Digital Data Controller (DDC) system and software (Alerton Building Suite v2.6).
1. The Work shall include, but shall not be limited to the following (not necessarily in the order indicated):
1. Contractor shall perform a site visit to verify the technical requirements for the replacement heat pump installation and working environment. The date and time shall be coordinated with the project COR.
1. Disconnect, de-pipe, detach, and remove the existing heat pumps. Disposal of all old equipment shall be at an offsite location (i.e. disposal site or recycling center) in compliance with State and Local ordinances.
1. Contractor shall reclaim the existing Freon from all of the units identified for replacement per Environmental Protection Agency (EPA) guidelines, using a CFC certified technician as outlined in Section 608 of the Federal Clean Air Act.
1. Provide and install one hundred fifty-four (154) new heat pumps (R410A refrigerant) that are BACNet compatible and digital thermostats/temperature sensors in the same general locations as currently configured. Relocation is required if existing utilities restrict clear installation, the Contractor shall provide all materials to provide a complete and usable system as specified below in section B Heat Pump Data Matrix. The contractor shall inspect and test the DDC wiring to each unit and replace as required all wiring from the nearest DDC Hub to the new unit.
1. Temperature sensors shall be BACNet compatible, have a thermistor sensor and shall not have the means of set point adjustment. Adjustment shall be via the DDC. The Contractor shall connect to the existing DDC system to ensure a complete and usable system (approved by the Contracting Officer Representative (COR)).
1. Provide and/or connect all necessary piping, electrical conduit and wiring, controls, ductwork, condensate, condensate drain trap, spring vibration isolators, insulations and necessary appurtenances.
1. Contractor shall provide applicable replacement of ceiling grid, tiles and ceiling vents as necessary to return all areas where work was performed to an acceptable finished condition.
1. All installed heat pump units shall be tested in accordance with UL standard 1995 by a Nationally Recognized Testing Laboratory (NRTL) and bear either the UL or ETL label. The units shall be rated in accordance with Air-conditioning, Heating, and Refrigeration Institute’s (AHRI) Standard 360 and bear the AHRI Certification label. The units shall be stored and handled according to the manufacturer's recommendations.
1. The contractor shall supply units which offer a minimum Seasonal Energy Efficiency Rating (SEER) rating of 18 and are Energy Star rated/recognized. The contractor shall also be considerate of low decibel level models for an office setting.
1. Connect to the existing electrical system. All wiring shall be in accordance with the National Electrical Code (NEC) 2014. Start-up system and balance refrigerant charge.
1. Provide testing, adjusting, and balancing services for the new units and verify units communicate with direct digital control system effectively. The contractor shall provide an Equipment Matrix for all installed heat pumps. This matrix at minimum shall include: the unit serial number, unit model number, BTU rating, room number located in, assigned I.P. address, voltage/phase, and manufacturer.
1. All units shall have a manufacturer's parts and defects warranty for a period one year from the date of the acceptance and carry a one-year warranty on labor.
1. Contractor shall ensure to provide all components for complete and usable system and within the current/best industry standard practices.
1. The contractor shall cover/protect office furniture, equipment and flooring in the surrounding work area from damage before construction traffic is permitted. The contractor shall remove all protective covering at completion of work and clean the work area, including vacuuming with a high efficiency particulate air (HEPA) filter.
1. All debris and packaging shall be properly disposed of daily by the Contractor to an offsite disposal site or recycling center in compliance with State and Local ordinances. The Contractor shall coordinate with the local warehouse staff to process removals (or recycling) procedures.
1. The contractor shall provide a bench stock of replacement parts consisting of two sets of replacement filters per heat pump installed, two sets each of steel braided supply/return lines (36” and 48”), six (6) temperature sensors, one hundred fifty (150) antimicrobial condensate tabs, six (6) fan motors (2 per line voltage), six (6) contactor relays and twelve (12) transformers (4 for each line voltage). All bench stock shall be identified for each heat pump model installed. Coordinate with the project COR for a delivery schedule and stocking location. The contractor shall provide an itemized list of all bench stock for review prior to placement of the order.
1. The Contractor shall inspect and test all existing condensate drain lines for damage, blockage and connections. Alterations of the existing lines for installation of the new units shall be included in the project.
1. Drip pans (if installed) shall be inspected for damage, rust and function ability, the contractor shall notify the COR prior to removal. A course of action will be decided thru the Contracting Officer (CO) if necessary.
1. The contractor shall coordinate with the COR for burn permits prior to the start of the installation of any units.
1. The contractor shall provide a proposed by week schedule for the project duration for review by the COR 14 days prior to the start of the project.
1. The Contractor shall coordinate with the project COR no less than five days prior to each units scheduled installation for any shutdown of the buildings fire/smoke alarms. Notification to the Facilities Chief and Hines Campus Fire Marshall is required prior to any units being taken off-line.
The COR shall provide an expanded heat pump matrix showing room locations per model upon request from the contractor.
B. Heat Pump Matrix
Attachment E Heat Pump Data Matrix identifies the existing data for the currently installed heat pumps within HITC Building 215. These model numbers are for reference ONLY due to the age of the existing units; the contractor shall verify all requirements.
4.0 PERFORMANCE DETAILS
The Contractor shall reference Section 2.0 (Applicable Documents) for the CSI Specifications for this project.
4.1 PERFORMANCE PERIOD
The total period of performance of this contract shall be not more than 270 calendar days after issuance of Notice to Proceed (NTP) and can be adjusted at the discretion of the Contracting Officer. The contractor shall require employees on site to receive proper clearances and Department of Veterans Affairs PIV Badges to mitigate issues with entering into unauthorized areas prior to start of work.
4.2 PLACE OF PERFORMANCE
Tasks under this PWS shall be performed at the Hines ITC, 1st Avenue North of 22nd Street, Building 215, Hines, Illinois 60141. The following work may be performed at remote locations without prior approval of the COR: billing activities, coordination of onsite work, scheduling, documentation reports and any prefabrication of materials.
4.2. a. SITE VISIT (GRANTED UPON REQUEST)
Hines HITC Bldg 215 is a two-story structure with office space on both the first and second floors. All items brought into the facility are subject to a search by the VA Police. The heat pump units are located in the ceilings through-out the facility. Removal of the ceiling tiles and grid will be required for the heat pump replacement. Due to the age of the building the floor plans have had changes from the original layout and some of the units fall on a partition wall and feed different rooms. Since these units were located during the original construction, some areas have other MEP (Mechanical, Electrical Plumbing) lines running in close proximity. The building tenants occupy office space which may require the moving of items to gain access to the unit location. There are units in open areas that have no ceiling or MEP obstructions to work around. Due to the nature of the facility operations, security measures shall be followed for entering/exiting the building. A current project is in place for the replacement of the old ceiling tiles and almost completed. Care is to be taken with the removal so these tiles can be replaced; if damaged or broken the contractor is responsible for new tiles. Site visits will be granted upon request in accordance with FAR 52.237-1 and adhere to FAR 52.237-2. The Heat pump matrix data sheet provided above has the room locations of heat pumps. Contractor(s) shall coordinate with Contract Specialist via email, for the scheduling of site visit prior to the closing of this solicitation. The Government is not responsible for any Contractor costs associated with the site visit. There will be only one site visit offered upon request prior to the start of performance; the Government does not anticipate holding any additional site visits after award.
4.3 FEDERAL GOVERNMENT HOLIDAYS
Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). If required, the CO may designate the Contractor to work during holidays and weekends.
The work shall be performed Monday – Friday during the hours of 1530 to 2400, weekend work if requested shall require coordination and approval by the project COR. Coordination and exceptions to this schedule shall be presented in writing and approved in advance by the COR.
There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:
Under current definitions, four (4) are set by date:
| New Year's Day | January 1 |
| Independence Day | July 4 |
| Veterans Day | November 11 |
| Christmas Day | December 25 |
If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.
The other six are set by a day of the week and month:
| Martin Luther King's Birthday | Third Monday in January | |||
| Washington's Birthday | Third Monday in February | |||
| Memorial Day | Last Monday in May | |||
| Labor Day | First Monday in September | |||
| Columbus Day | Second Monday in October | |||
| Thanksgiving | Fourth Thursday in November |
4.3 TYPE OF CONTRACT
This is a Firm Fixed Price Contract.
5.0 QUALITY CONTROL
Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government.
5.1 GENERAL CONDITIONS
1. Existing mounting hardware and supports, also connections including electrical and plumbing may need to be altered to facilitate new installations in existing areas. Additionally, all new installations shall conform to codes and standards set forth in the International Code Council (ICC). Existing work that is found to be defective in any way, shall be reported to the COR before it is disturbed.
1. Thoroughly clean up the work area at the end of each day's work, and at completion of the project. Leave premises clean and free of waste, scrap, used equipment, or other material intentionally or incidentally delivered to the site by Contractor or Contractor's personnel. All materials identified for salvageable scrap turn-in shall be coordinated with the COR and VA police for removal off-site and inventoried. The Government requires a 25% scrap rate credit for all salvageable old units/materials removed and disposed of from the VA facility. The contractor shall provide receipts showing the total scrap amount of each unit’s materials. The contractor shall reduce the total invoiced amount for the new unit's Delivery, Installation, Removal, and Disposal sub-line item AA by the scrap rate for the corresponding old unit/materials.
1. The Contractor shall preserve and protect all structures and equipment on or adjacent to the work site not to be removed and do not unreasonably interfere with the work required under this contract.
1. Job site preparation includes daily safety briefs using Job Site Analysis (or equal), covering or moving existing equipment and replace the area back to its original condition/configuration. Contractor shall utilize proper safety techniques and equipment to safely perform the tasks.
1. The Contractor shall provide the appropriate lifts for the conditions with appropriate safety harness/equipment, as needed.
1. The Contractor shall protect all existing improvements and utilities from damage at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.
1. The Contractor shall repair any damage to those facilities, including those that are the property of third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.
1. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
1. The contractor shall coordinate with the COR for the placement of any work trailer, Conex or equipment.
5.2 STANDARDS OF EMPLOYEE CONDUCT
1. Clothing shall be presentable and suitable to the work while maintaining proper appearance and decorum. Clothing shall be clean and cleanliness and personal hygiene are imperative. T-shirts and/or tank tops as outer garments are prohibited. Protective/safety clothing and shoes shall meet or exceed Occupational Safety and Health Administration (OSHA) and state requirements.
1. Behavior and language must be appropriate, reverent, and respectful at all times.
1. Eating and drinking (except water) is prohibited in the work areas. The Contractor(s) are authorized to utilize the cafeterias and break rooms.
1. Use of intoxicating beverages, any tobacco products, and illegal drugs on the work site is strictly prohibited.
1. The Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. The Contractor is expected to remove any employees from HITC for cause, to include, but not limited to, safety violations, other misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government. If the Contractor fails to act in this regard, or the reason for a removal is immediately required to protect the interests of the Government, the COR may direct the removal of an employee from the premises. Contractor objections to any such action will be referred to the CO for final resolution; however, the Contractor will first immediately comply with COR direction pending any CO final resolution at a later time or date. The Contractor will not be due any type of compensation for their costs incurred as a result of an employee being removed for cause; unless the removal is directed by the COR, and is later found invalid and/or unreasonable by the CO.
5.3 CONTRACTOR REQUIREMENTS
1. Environmental: In order to provide for environmental abatement and control and to prevent environmental pollution arising from the services of the contractor in the performance of this contract, the contractor shall comply with applicable federal, state and local laws and regulations concerning environmental pollution abatement and control currently in effect and all applicable department of veterans affairs fire, safety, security and environmental protection regulations.
1. Safety: The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor’s personnel and equipment shall comply with applicable federal, Department of Veterans Affairs, State, local and host installation laws, safety regulations and procedures, and Contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The contractor shall ensure that its agents, employees and subcontractors involved in handling and packaging wastes are trained to the level of expertise required for the proper performance of the tasks and in particular, in the areas of chemical compatibility, safety, general first aid procedures and spills. Personal protective equipment shall be provided by the Contractor and must be appropriate for the task. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Host Installation Property.
The Contractor shall assume full responsibility and liability for compliance with all applicable local, state federal, and Department of Veterans Affairs regulations pertaining to the health and safety of personnel and environmental management during the execution of work. All work shall be completed and performed in accordance with the best practices of the trade and in compliance with all-applicable federal, Department of Veterans Affairs, state and local codes.
The contractor shall be responsible for equipping their personnel with the proper Personal Protective Equipment (PPE) required to safely provide services required. PPE is defined as equipment and supplies to protect the human body, inside and out, from harm / injury / illness occurring in line with contracted services provided. PPE may include, but is not limited to: Goggles, ANSI approved Safety Toe Boots, Leather Gloves, Hearing Protection, Face Masks (dust), etc.
The contractor shall take all necessary precautions to prevent injury to the public, building occupants, and/or damage to property of others.
1. Contractor Quality Control: Contractor shall provide a Job Site Superintendent who speaks and writes fluent English on site, and at all times when Contractor personnel are on the premises. The Job Site Superintendent will: a) review and approve submittals, b) inspect the quality of work performed, c) certify the completed work for payment and other purposes, d) be OSHA 30 hr. certified.
1. Submittals After Award: Submit samples, cut sheets, and shop drawings to the COR for review and approval for miscellaneous materials to be installed.
1. Project completion: The project site shall be protected and/or restored to a condition equal to that existing prior to the commencement of work. Upon completion of contract, deliver work complete and undamaged.
This contract is designed to be all inclusive of services, materials, support and warranty to ultimately provide a complete and usable system.
6.0 PHYSICAL SECURITY
This Government site is fully secured; an escort will be required at all times in designated sensitive areas therefore the Contractor shall complete a Security Package in accordance with Sections 18.2 and 19.0 below is required. No work will be performed without the presence of a VA Building Engineer or representative on site.
7.0 KEY PERSONNEL QUALIFICATIONS AND EXPERIENCE
The Contractor shall be Chlorofluorocarbon (CFC) certified to handle refrigerants. The Contractor shall provide HVAC Certified Technician’s for these services; all certifications shall be provided to the COR upon contract start. All installers shall be Journeyman level or greater and have a current OSHA 10 hr. certification. A minimum of one Lead/Technician shall have a current OSHA 30 hr. certification. The Government reserves the right to request a copy of any technician’s certificate performing work on this contract at the time of service.
8.0 TRAVEL
Not applicable to this contract.
9.0 CHANGES TO PERFORMANCE WORK STATEMENT AND CONTRACT
Any changes to this PWS and associated tasks shall be authorized and approved through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the Contractor.
10.0 MATERIALS DELIVERY, STORAGE AND HANDLING
1. The Contractor shall keep the project materials in a secure location, as the Contractor is solely responsible for the safety and security of the materials until final acceptance by the Government.
1. The contractor shall ensure all materials are inspected for satisfactory condition upon delivery at the project site. Requests for deliveries to the HITC’s loading dock must be coordinated with the HITC Warehouse Team. The HITC warehouse team will not accept deliveries on behalf of the contractor. The contractor must be present to accept any delivery or it will be turned away. With proper notification to the COR and warehouse team exceptions can be made but the government shall not be responsible for the condition of the package when acceptance from the shipper is made.
11.0 CONTRACTOR QUALIFICATION REQUIREMENTS
The Contractor and all employees shall meet requirements as specified in scope of work (PWS).
12.0 SPECIFIC TASKS AND DELIVERABLES
12.1 TASK & DELIVERABLES TABLE
| Task Number |
| Task Description/Deliverable |
| Timeframe |
| 3.0 |
| In accordance with the Scope of Work and Heat Pump Data Matrix, Delivery, Install, Removal, and Disposal of existing heat pumps in accordance with the PWS. |
| 270 calendar days after issuance of Notice to Proceed (NTP). |
| 3.0 |
| Results of tested/replaced communication lines |
| Daily as performed |
| 13.1 |
| Contract Project Management Plan |
| One (1) copy of the CPMP shall be delivered before the notice to proceed is issued. |
| 13.2 |
| Biweekly Progress Reports and Scrap rate receipts in electronic form in Microsoft Word and Project formats. |
| Weekly Updates to begin once work commences. |
| 13.3 |
| Customer Training |
| The formal training time shall take place no more than one month prior to completion of the project. |
13.0 PROJECT MANAGEMENT
Project management shall be the responsibility of the Contractor and shall be coordinated with the COR.
13.1 CONTRACTOR PROJECT MANAGEMENT PLAN
The Contractor shall deliver a Contractor Project Management Plan (CPMP) for each phase of work that lays out the Contractor’s approach, timeline and tools to be used in execution of the contract. The CPMP should take the form of both a narrative and graphic format that displays the schedule, milestones, risks and resource support. The initial baseline CPMP shall be concurred upon and updated monthly thereafter. The Contractor shall update, maintain and deliver the approved CPMP to the COR throughout the period of performance. One (1) copy of the CPMP shall be delivered before the notice to proceed is issued.
13.2 REPORTING REQUIREMENTS
The Contractor shall provide the COR with Weekly Progress Reports in electronic form in Microsoft Word and Project formats. The report shall include detailed instructions/explanations for each required data element, to ensure that data is accurate and consistent. These reports shall reflect data as of the last day of the preceding weekly period. The heat pump shall be identified by the room and referenced from the provided Heat Pump Matrix.
The Weekly Progress Reports shall cover all work completed during the reporting period and work planned for the subsequent reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation including their plan and timeframe for resolving the issue. The Contractor shall monitor performance against the CPMP and report any deviations. It is expected that the Contractor will keep in communication with VA accordingly so that issues that arise are transparent to both parties to prevent escalation of outstanding issues. The Contractor shall include all scrap rate receipts (see Section 5.1.2 above) for all units/materials removed and disposed of during the current reporting period.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ALL ITEM NUMBERS (FOR EXAMPLE CLIN 0001 AND SLIN 0001AA) MUST BE PRICED IN THE FOLLOWING TABLE.
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 19.00 |
| EA |
| ______________ |
| ________________ |
E024EL200NBD7DA
Contract Period: Base POP Begin: 09-24--2018 POP End: 09-23-2019
0001AA
| 19.00 |
| EA |
| ______________ |
| ________________ |
Delivery, Installation, Removal and Disposal* Labor Category: ___________________________ Labor Rate: ___________________________ Contract Period: Base
| 3.00 |
| EA |
| ______________ |
| ________________ |
E024EL400NBD7DA
0002AA
| 3.00 |
| EA |
| _____________ |
| ________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| ________________ |
E024SR101NBDSSA
0003AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E030EL200NBA7DA
0004AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 8.00 |
| EA |
| ______________ |
| __________________ |
E030EL200NBD7DA
0005AA
| 8.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 6.00 |
| EA |
| ______________ |
| __________________ |
E030EL400NBD7DA
0006AA
| 6.00 |
| EA |
| _____________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| _____________ |
| __________________ |
E030SL299NBD7SA
0007AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E030SR200NBD7SA
0008AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 3.00 |
| EA |
| ______________ |
| __________________ |
E035EL400N8D7DA
0009AA
| 3.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________
Contract Period: Base
| 7.00 |
| EA |
| ______________ |
| __________________ |
E035EL400NBD7DA
0010AA
| 7.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E035SL400NBD75A
0011AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 12.00 |
| EA |
| ______________ |
| __________________ |
E040EL400NBD7DA
0012AA
| 12.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E040EL400NED7DA
0013AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________
Contract Period: Base
| 3.00 |
| EA |
| ______________ |
| __________________ |
E047EL400NBD7DA
0014AA
| 3.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E047SL400NBD75A
0015AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 2.00 |
| EA |
| ______________ |
| __________________ |
E047SL400NBD7SA
0016AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 8.00 |
| EA |
| ______________ |
| __________________ |
E058EL400NBD7DA
0017AA
| 8.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E066SL400NBD7SA
0018AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E066SR400NBD7SA
0019AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
NSH012EL200CBNN717DA
0020AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 45.00 |
| EA |
| ______________ |
| __________________ |
VLH012A201CLE7N7D
0021AA
| 45.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 16.00 |
| EA |
| ______________ |
| __________________ |
VLH015A201CLE7N7D
0022AA
| 16.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 2.00 |
| EA |
| ______________ |
| __________________ |
VXH012A201NLS7NSA
0023AA
| 2.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 2.00 |
| EA |
| ______________ |
| __________________ |
VXH012A201NRS7NSA
0024AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 4.00 |
| EA |
| ______________ |
| __________________ |
VXH018B201NLS7NSA
0025AA
| 4.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 2.00 |
| EA |
| ______________ |
| __________________ |
E024SL200NBD7SA
0026AA
| 2.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E047SR400NBD7SA
P POP Begin: 09-24--2018 POP End: 09-23-2018
0027AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
| 1.00 |
| EA |
| ______________ |
| __________________ |
E030SL200NBD7SA
0028AA
| 1.00 |
| EA |
| ______________ |
| __________________ |
Delivery, Installation, Removal and Disposal*
Labor Rate: ___________________________ Contract Period: Base
GRAND TOTAL
* INSTRUCTIONS ONLY FOR AFTER AWARD AND INVOICING: In accordance with Section 5.1 General Conditions, Paragraph 2 of the PWS, the contractor shall reduce the total invoiced amount for the new unit's Delivery, Installation, Removal, and Disposal sub-line item AA by a 25% scrap rate for the old unit/materials (e.g.: Total Amount for SLIN 0001AA Delivery, Installation, Removal and Disposal - 25% Scrap Amount for salvageable unit/materials = Total Invoice Amount for SLIN 0001AA).
SECTION C - CONTRACT CLAUSES
C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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 Government wide 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.
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