36C25020Q0390-001.docx

36C25020Q0390

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 CONDITIONS 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

541-20-3-5746-0054 36C25020Q0390 03-27-2020 Roman Savino 837-49655 04-24-2020 3:00 pm est 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131 X 561790 $8 Million N/A X 36C541 Cleveland VA Medical Center Wade Park Campus 10701 East Blvd Cleveland OH 44106 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131

36C250 Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs// e-Invoice Setup Info Phone 877-489-6135 TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page

1. Automatic Door and Roll-Up Maintenance for the Cleveland VA Medical Center

2. Contract will be a Base Year with Four Option Years

3. Base Year POP: 5-1-2020 through 4-30-2020 See CONTINUATION Page X X X X Harvey J. McGowan Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: ______________________

b. GOVERNMENT: Contracting Officer 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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.

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs// e-Invoice Setup Info Phone 877-489-6135 TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

PERFORMANCE WORK STATEMENT

The VA Healthcare Systems of Ohio is contracting to provide all labor, materials, equipment, transportation and supervision necessary to provide on-site full maintenance of government owned Automatic Doors and Roll-Up Doors located at the Wade Park facility of the Cleveland VA Medical Center, located at 10701 East Blvd., Cleveland, Ohio 44106. Full maintenance includes on-site maintenance and preventative maintenance inspections (PMI’s).

Description/Specifications:

Vendor shall provide all labor, materials, equipment, transportation and supervision necessary to provide on-site full preventative maintenance inspections (PMI’s) and intervening service calls for government owned Automatic Doors and Roll-Up Doors located at the Wade Park facility of the Cleveland VA Medical Center, located at 10701 East Blvd., Cleveland, Ohio 44106. Contractor will provide full on-site maintenance and preventative maintenance inspections (PMI’s), as specified, on the equipment that follows. This shall include full 24/7 on-call maintenance and minor repair of all doors covered under contract. Price is to be quoted as fixed hourly rate and is to include all parts associated with the repair.

Equipment List:

The list of doors to be covered under this contract may change throughout the course of the multi-year agreement. Any change to the inventory list will be amended in the contract by a modification signed by both the contracting officer and contractor.

V.A. Hospital - Wade Park - Door List

Total Doors per Area / Floor

Parking Garage, All Floors

Doors that are currently in Contract

Main Building Basement Level

Doors that are currently in Contract

Main Building First Floor

Doors that are currently in Contract

ATRIUM:

Revolver

Horton

Outer 1A101

Telescopic

Inner 1A101

Telescopic

Main Building Second Floor

Doors that are currently in Contract

Module E/F

Pulmonary Hall, across from Hemodialysis

2C232A

Main Building Third Floor

Doors that are currently in Contract

SICU Back Hall

Main Building Fourth Floor

Doors that are currently in Contract

Main Building Fifth Floor

Doors that are currently in Contract

Main Building Sixth Floor

Doors that are currently in Contract

Main Building PALMS First Floor

Doors that are currently in Contract

Main Building Cares Tower Basement

Doors that are currently in Contract

Main Building Cares Tower A Level

Doors that are currently in Contract

Main Building Cares Tower First Floor

Doors that are currently in Contract

Main Building Cares Tower Second Floor

Doors that are currently in Contract

Specific Task Requirements-Deliverable Product:

A. Contractor shall provide quarterly preventative maintenance inspections (PMI’s) to be performed at three (3) month intervals, in accordance with contractor approved PMI schedule. Approved schedule shall be agreed upon between contractor and COR prior to start of work. Contractor shall be required to coordinate with the Contracting Officer’s Representative (COR) at least five (5) working days in advance of performing preventative maintenance inspections on doors. Quarterly inspcetions shall group the auto doors into three (3) evenly divided sections. Sections shall be completed using the following schedule: (1) January, April, July, October (2) February, May, August, November (3) March, June, September, December. PMI’s shall be performed in accordance with manufacturer’s instructions and shall include

· Visual Inspections

· Calibration Checks

· Cleaning and Lubrication

· Electrical Checks

· Performance Checks B. Within fifteen (15) calendar days after award, and prior to performing any services on the equipment, the contractor shall furnish two (2) copies of its preventative maintenance procedures/checklist which will be used during the preventative maintenance services of this contract. Contractor will have fifteen (15) days to make necessary corrections or adjustments identified during preventative maintenance check. Contractor shall provide written documentation of corrective action taken to repair items identified during preventative maintenance checks.

i. Contractor shall provide full maintenance and repair services to keep all doors in standard operational condition. Service calls shall be placed to the contractor who is to arrive on site to begin maintenance or repair work within two (2) hours of receiving the call. Contractor will be responsible for all parts associated to the service calls up to $2,000.00 per month. If monthly part costs exceed this amount, the contractor will coordinate with the COR prior to commencing any repairs.

C. Hours of Service: This is a full service, twenty-four (24) hours per day, seven (7) days per week, including federal holidays.

i. Performance of Service: All work shall be performed by competent personnel, experienced and qualified to work on specific equipment. Contractor shall arrive on-site in response to intervening service calls within two (2) hours after a telephone call is placed by the COR, or designated Engineering Representative. All work performed shall be accomplished in accordance with manufacturer’s instructions, including, but not limited to, adjustments, calibrations, cleaning, lubrication, testing, disassembly, check-out, replacement of worn or defective parts, etc., required to keep the equipment in first-class operating condition. Automatic Doors shall include various manufactured brands to include: Gyrotech, Horton Automatic, Keane Monroe and Stanley Besam. A list of doors and locations shall be provided upon award of contract and is also in section 5.0 above. The list of doors to be covered under this contract may change throughout the course of the multi-year agreement. Any change to the inventory list will be amended in the contract by a modification signed by both the contracting officer and contractor.

ii. For repairs or services performed during normal work hours, 8:00am to 4:30pm at the Wade Park facility, contractor shall report to the Electric Shop, Room BE-440 (basement). Contractor shall sign-in and obtain a badge and return the badge at the end of the day. After all work is completed, contractor shall again report in person to the rooms listed above and submit a written service report outlining the services performed and completed to include door locations and parts used.

iii. For services performed after normal work hours, contractor shall report to the Boiler Plant. After all work is completed, contractor shall again report in person to the Boiler Plant and submit the same report required above.

iv. Safety: Contractor’s maintenance of equipment shall satisfy all requirements as set forth by the Department of Health Education and Welfare, National Fire and Protection Agency (NFPA), Joint Commission of Accreditation of Hospital Organizations (JCAHO) and the state of Ohio.

v. Parts: All necessary parts shall be included under this contract up to $2,000.00 per month. New or rebuilt parts shall be furnished by the contractor. All parts shall be of current manufacture and have versatility with presently installed equipment. All newly installed replacement parts become the property of the Government. Replaced parts are to be disposed of by the contractor after obtaining approval from the COR. Operating and consumable supplies are not a part of this contract.

vi. Test Equipment: The Wade Park VA Medical Center will not furnish and/or test equipment for the performance of this contract. It is the responsibility of the contractor to bring the appropriate equipment and/or supplies necessary to complete the work required herein.

Contractor Responsibility:

A. It is the responsibility of the contractor to become fully informed as to the nature and extent of the work required and its relation to any other work in the area including the operation of the medical center.

B. Contractor shall attend a mandatory meeting after award with the Chief, Engineering Service, or his designee, prior to any work. The required meeting shall be coordinated by the Contracting Officer and shall be scheduled and conducted within 20 calendar days after Notice to Proceed. This meeting is to inform the contractor of the nature, extent and intent of this contract and for the contractor to present the following documentation:

· Material Safety Data Sheets (MSDS) for any products the contractor may use in the performance of the contract.

· List of personnel, name only, including the job site supervisor.

· If necessary, written safety program which includes, but is not limited to,

· Respiratory Protection

· Hearing Protection

· Hazardous Communications

· Electrical Ground Fault Protection

· Use of ladders and or scaffolding C. Contractor shall be responsible for any damages caused by his/her employees and shall repair or replace all damaged systems/equipment immediately at no additional cost to the VA.

D. Water and electrical power will be provided by the VA at no cost to the contractor. All connections to this water and/or electrical power must be approved by the COR prior to any connections being made.

E. The contract shall be responsible for placing barricades in appropriate locations to protect the well-being and safety of patients, visitors and staff. These barricades shall be removed by the contractor when work is completed or at the end of the workday.

F. The contractor shall be responsible for keeping the work site clean, neat and orderly, ensuring that there are no unnecessary cables, hoses, ladders, or other equipment left in an inappropriate location that could interfere with the operation of the medical center or be a cause of risk or hazard to patients, visitors and staff. All equipment shall be removed from any work site that is located within a pedestrian area daily at the end of the workday. All equipment being used in mechanical rooms or on roofs shall be secured daily but may be left overnight providing that this equipment is not in a position to be a risk or hazard to medical center personnel who may be called into these areas after hours. Doorways, hallways and aisles shall be kept clear at all times. At no time shall equipment be left unattended, including breaks and lunch.

G. Contractor shall report, to the COR daily, on the progress of the project along with any deficiencies noted.

H. Any damage detected during the inspections that was not caused by the contractor shall be reported to the COR on a daily basis.

I. The contractor shall be required to submit a site-specific safety plan pursuant to Occupational Safety and Health Administration (OSHA). The safety plan must be reviewed and approved by the Louis Stokes Cleveland, Department of Veteran Affairs before any work is performed.

Hours of Operation:

This is a full service, twenty-four (24) hours per day, seven (7) days per week, including federal holidays.

Other Pertinent Information or Special Considerations:

All work shall be performed by competent personnel, experienced and qualified to work on specific equipment. Contractor shall arrive on-site in response to intervening service calls within two (2) hours after a telephone call is placed by the COR, or designated Engineering Representative. All work performed shall be accomplished in accordance with manufacturer’s instructions, including, but not limited to, adjustments, calibrations, cleaning, lubrication, testing, disassembly, check-out, replacement of worn or defective parts, etc., required to keep the equipment in first-class operating condition. Automatic Doors shall include various manufactured brands to include: Gyrotech, Horton Automatic, Keane Monroe and Stanley Besam. A list of doors and locations shall be provided upon award of contract and is also in section 5.0 above. The list of doors to be covered under this contract may change throughout the course of the multi-year agreement. Any change to the inventory list will be amended in the contract by a modification signed by both the contracting officer and contractor.

QUALITY ASSURANCE SURVEILLANCE PLAN

For: Automatic and Roll-Up Door Maintenance – Cleveland VAMC Contract Number: Time period: May 1, 2020 through April 30, 2025 Contractor’s name:

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned CO: Roman Savino (Contracting Specialist)

b. Contracting Officer’s Technical Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

Assigned COR: Robert Davis

c. Other Key Government Personnel –Austin Alonzo

3. CONTRACTOR REPRESENTATIVES

The following employees of the contractor serve as the contractor’s program manager for this contract.

Name/Title:

4. PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix, paragraph N/A (there is no PRS Matrix in the PWS) in the Performance Work Statement (PWS), includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Note: The subject contract does not contain a Performance Requirements section in the SOW. As such, the below listed Tasks, Indicators, and Standards have been extracted from SOW:

VAMC needs Maintenance of Automatic Doors and Roll-Up Doors

Costs

records Exercise of Option Period

HIPPA Compliance

B.2 PRICE/COST SCHEDULE

Schedule of Services:

Period of Performance:

1. Base Year: June 1, 2020 through May 31, 2021

2. Option Year One: June 1, 2021 through May 31, 2022

3. One Year Two: June 1, 2022 through May 31, 2023

4. Option Year Three: June 1, 2023 through May 31, 2024

5. Option Year Four: June 1, 2024 through May 31, 2025

Base Year (June 1, 2020-May 31, 2021)

Option Year One (June 1, 2021-May 31, 2022)

Option Year Two (June 1, 2022-May 31, 2023)

Option Year Three (June 1, 2023-May 31, 2024)

Option Year 4 (June 1, 2024-May 31, 2025)

Total Price for Base Year: ______________________________

Total Price for Option Year 1: ______________________________

Total Price for Option Year 2: ______________________________

Total Price for Option Year 3: ______________________________

Total Price for Option Year 4: ______________________________

Total Contract Price: ______________________________

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SECTION C - CONTRACT CLAUSES

C.1 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision— Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Provision)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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…