36C26025Q0654.docx

36C26025Q0654

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C26025Q0654 08-12-2025 Derek Crockett Derek.Crockett@va.gov 08-29-2025 15:00

PDT

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X

513210 $47 Million

N/A

36C663 Department of Veterans Affairs Puget Sound VA Medical Center - Seattle 1660 South Columbian Way

Seattle WA 98018 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

36C260 Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page VA Puget Sound Health Care System- Seattle Campus Pneumatic Tube Delivery Management System upgrade with support services. Base plus four option years.

This is notice of an unrestricted solicitation and a brand name or equal to soliciation. See B.2 Price/Cost Scheudle and B.4 Salient Characteristics for technical specifications.

Estimated period of performance: 2025 - 2030.

Offerors and entities must be registered in the official U.S System for Award Management (SAM) at www.SAM.gov at time of offer and award to be considered.

Vendor questions will be accepted by email only on or before 08/22/2025 at 15:00 PST.

Offeror submission requirements are on section E.11 and offers will be accepted by email only on or before the close date of this solicitation on 08/29/2025 at 15:00 PST.

See CONTINUATION Page

One

Derek Crockett Contracting Officer

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

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:

SOW.

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.

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Facility site preparation and removal of existing VA owned system and outdated hardware, end point hardware, and transfer unit hardware. In accordance with the statement of work.

Contract Period: Base POP Begin: 2025 POP End: 2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Procure and Install QTY 51 EA PTS Stations, QTY 31 EA Diverters/Transfer Units, And QTY 5 EA Blowers - in accordance with the statement of work

POP Begin: 2025 POP End: 2026

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Pneumatic Software System installation and programming in accordance with the statement of work (SOW).

POP Begin: 2025 POP End: 2026

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Base Year Service Level Agreement (SLA) in accordance with the statement of work.

POP Begin: 2025 POP End: 2026

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Preventative Maintenance in accordance with the statement of work.

POP Begin: 2025 POP End: 2026

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Software Support SLA Agreement (SLA) - In accordance with the Statement of Work Contract Period: Option 1 POP Begin: 2026 POP End: 2027

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Bi-Annual Preventative Maintenance - In accordance with the Statement of Work Contract Period: Option 1 POP Begin: 2026 POP End: 2027

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Software Support Service Level Agreement (SLA) - In accordance with the Statement of Work Contract Period: Option 2 POP Begin: 2027 POP End: 2028

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Bi-Annual Preventative Maintenance - In accordance with the Statement of Work Contract Period: Option 2 POP Begin: 2027 POP End: 2028

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Software Support Service Level Agreement (SLA) - In accordance with the Statement of Work Contract Period: Option 3 POP Begin: 2028 POP End: 2029

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Bi-Annual Preventative Maintenance - In accordance with the Statement of Work Contract Period: Option 3 POP Begin: 2028 POP End: 2029

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Software Support Service Level Agreement (SLA) - In accordance with the Statement of Work Contract Period: Option 4 POP Begin: 2029 POP End: 2030

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Bi-Annual Preventative Maintenance - In accordance with the Statement of Work Contract Period: Option 4 POP Begin: 2029 POP End: 2030

PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

B.2 DELIVERY SCHEDULE

1660 S Columbian Way Seattle, WA 98108

USA

B.3 SALIENT CHARACTERISTICS

Brand Name or Equal to Pevco Atlas - Delivery Management Software

· Integrates with Active Directory and LDAP servers for user authentication

· Supports multi-user logon; enables access from anywhere on a hospital campus.

· Runs as a service on virtual machines and servers that comply with network management protocols at the Department of Veterans Affairs – Veterans Healthcare Administration (VHA) requirements.

· Software system must provide carrier routing, user verification, data management, fault handling and historical reporting

· The pneumatic tube system must be capable of presenting a display screen that shows incoming and outgoing carriers in process from a remote display.

· The pneumatic tube system needs must be able to display an inventory of what carriers are located at each station and be able to know when a carrier departs its station and arrives another without being sent through the system.

· The pneumatic tube system must be able to interface with modern nurse call systems indicating when a High priority carrier has arrived.

· The Pneumatic tube system can be accessed with PIV or Proximity cards.

· The Pneumatic tube system station and Transfer Unit motors can be adapted to use General use electric motors available from national electrical providers.

· Software and system must be a commercial class server- must be licensed minimum Microsoft Windows server 2019 or higher.

Warranty

· Minimum one year warranty or higher on new parts

· Minimum one year warranty on labor.

36C26025Q0654

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B.4 STATEMENT OF WORK (SOW)

STATEMENT OF WORK (SOW)

1. Contract Title. Pneumatic Tube System Software System upgrade and annual support services.

2. Background.

This service requires to upgrade the Pneumatic Tube System (PTS) infrastructure throughout the Seattle Campus Bldg. 100. The upgrade will cover the current PC based infrastructure, End of life (EOL) station hardware, EOL diverter hardware, station control panels, diverter controls, and blower controls. This will increase the PTS system efficiency, reliability, and support capabilities.

3. Scope.

The contractor shall provide a complete system upgrade and replacement of equipment during the base year. The base year shall also include annual subscription services for the new pneumatic tube delivery management software system and preventative maintenance. Subsequent option years include annual support services and bi-annual preventative maintenance services.

This project will require the replacement of several existing SWISSLOG components and the addition of several features for improved support and reliability. The PTS will be hosted on the VA - OI&T infrastructure. This requires the application that manages the PTS to be VA TRM approved. The existing ethernet and fiber connection backbone will not be utilized.

The new pneumatic tube system software is an SPS system that will be part of the SDIA (Specialized device isolation architecture) And hosted on the Seattle HTM nutanix network cluster managed by Seattle HTM personnel with VISN 20 HTM Network engineering oversight. The Seattle HTM personnel will request the network configurations to be provided with the IP address range of 256 addresses that will be assigned to all equipment and servers to be within a newly created VLAN for security and management.

The Contractor and contractor personnel shall coordinate with the VA Contracting Officer’s Representative (COR) in advance and obtain written approval by the VA COR of any scheduled shutdowns needed to include impact to the existing pneumatic tube software system and any related systems.

The contractor shall submit a project schedule for the VA COR for review and written approval before commencing all work and performance under this contract.

The contractor’s project schedule for the base-year shall include a phased schedule with estimated dates for significant milestones for all services and deliverables to complete the entire new equipment installation and system upgrade.

The contractor shall ensure all personnel are qualified, experienced, and licensed personnel for the services required.

4. Base-Year Tasks.

A. The contractor shall be responsible for the site-preparation and the contractor shall remove existing system hardware, end point hardware, and transfer unit hardware and return that VA owned equipment to the VA facility.

B. The contractor will replace existing PC based software with virtual server-based software (server provided by VA personnel).

C. The contractor will replace each of the 51 station user interface panels with new intuitive touch screen display interface 10” panels.

D. The contractor will replace each of the 51-station hardware (all new proximity position switches, motors (slide and dispatcher), slide plate, seals, and overall preventative maintenance).

E. The contractor will replace each of the 31 diverter unit control boards, replace each of 31 diverter hardware (all new proximity position switches, self-adjusting drive motor, new air seals and overall preventative maintenance).

F. The contractor will replace each of 5 blower unit control boards (all new blower motor, full flow shifter unit, proximity switches, drive motor, seals, mag starter, and Prio Ethernet board).

G. The contractor will upgrade 5 Interzones with relief valves.

H. The contractor will install Live System Monitoring (1.9.X), real-time web-application dashboard.

I. The contractor will install Bar Code reader at each station location.

J. The contractor will remove RFID Dual Antenna at each station.

K. The contractor will provide a minimum of 12 hours of onsite and in-person training to VA employees on the newly installed equipment to each department’s system users and maintainers.

L. The contractor will provide a detailed report at the end of the installation of all the work that has been done.

M. The contractor will be required to patch in the VA provided Cat 6A networking cable into the new system.

5. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

Quantity 1-EA VA Owned GFE server is available in the event it is required. Any contractor use of the VA GFE server will require written review and approval by the VA COR prior to contractor use or connection.

6. Other Pertinent Information or Special Considerations.

Special Circumstances:

A. The Bone Marrow Treatment Unit (BMTU):

· Follow all Class-IV procedures on Infection Control Risk Assessment (ICRA) form to include the use of an Environmental Control Unit for dust containment and Tyvek/Paper suits.

· Only 1 ceiling tile at a time.

B. The Operating Room (OR) and Sterile Processing Supply (SPS) units:

· Follow all Class-IV procedures on Infection Control Risk Assessment (ICRA) form to include use of Tyvek/Paper suits.

C. For areas near Patient Care, i.e., around Nurse Stations:

· Follow all Class-II procedures on Infection Control Risk Assessment (ICRA) form.

D. For common area corridors:

· Remove only 1 ceiling tile every 50 feet.

· Clean up any dust/debris with a HEPA filtered vacuum and/or wipe down surfaces.

7. General Standards.

National Institute of Standards and Technology( NIST) Federal Information Processing Standards (FIPS) VA Handbook and Directive 6500 - Information Security Program.

VA Directives 6004, 6513, and 6517 VA Directive 6502 - VA Enterprise Privacy Program VA Handbooks 6102 and 6500 Department of Veterans Affairs - Technical Reference Model (TRM) approved software.

VA Office of Information Technology (OIT) - Section 508 Compliance and Equipment Compatibility Standards

8. Risk Control A. Please reference section 6 Above Special Circumstances for clinical areas that require advanced notice and inspection control procedures.

B. The contractor shall ensure that all software installation activities receive advance written approval from the VA Contracting Officer's Representative (COR) before commencement.

C. The contractor shall clearly mark all areas where installation activities will take place with appropriate signages.

D. The contractor shall implement measures to limit noise production during installation to avoid disturbing patients and hospital operations.

E. The contractor shall work closely with hospital staff to identify the least disruptive times for installation and be prepared to reschedule services accordingly.

F. Protection of Personal Furnishings and Equipment:

G. The contractor shall ensure all personal furnishings and hospital equipment are adequately protected during installation.

H. The contractor shall perform thorough site cleanup at the end of each day to maintain a clean and safe hospital environment.

I. The contractor shall communicate in advance any planned shutdowns or service interruptions that may affect hospital operations.

J. The contractor shall immediately notify hospital personnel and the VA COR in the event of any emergencies or disruptions.

9.0. Monthly Subscription Services:

A. The contractor shall provide 24/7 Technical Support - Provide round-the-clock technical support, including phone, email, and live chat assistance.

B. The contractor’s monthly services shall Include all major and minor software updates, security patches, and bug fixes.

C. The contractor shall ensure that updates are tested for compatibility and stability before deployment.

D. The contractor shall provide status reports and release notes with each update to inform clients of new features, improvements, and any important changes.

E. The contractor shall provide and implement continuous monitoring tools to track system performance, uptime, and any potential issues.

F. The contractor shall ensure all software remains up-to-date, secure, and fully operational.

Software and Firmware Updates:

G. The contractor shall review and install the latest software and firmware updates for the pneumatic tube delivery management system, ensuring compatibility and enhanced functionality.

H. The contractor shall test and verify that all updates are correctly installed and that the system operates smoothly post-update.

I. The contractor shall provide training and documentation to on-site staff on any new features or changes resulting from the updates.

10. Bi-Annual onsite Preventative Maintenance:

The Contractor shall submit a schedule request, including dates, at least 14 calendar days in advance to the VA COR for review and approval to provide onsite preventative maintenance twice per year. The government will not cover additional costs incurred from rescheduling services or travel expenses needed to complete the work or address discrepancies identified by the VA COR.

The bi-annual onsite preventative maintenance shall include:

A. Perform a thorough inspection of all blower and compressor units, checking for signs of wear, tear, and damage.

B. Test the operational efficiency of blowers and compressors, including airflow, pressure levels, and noise levels.

C. Clean and replace air filters, lubricate moving parts, and tighten any loose connections.

D. Record maintenance activities and any issues identified during the inspection E. Inspect diverter/transfer units for mechanical and electrical integrity, ensuring all components function smoothly.

F. Clean and lubricate moving parts, such as gears, bearings, and pivots, to prevent wear and ensure smooth operation.

G. Test the responsiveness and accuracy of diverter/transfer units in directing tube carriers to the appropriate destinations.

H. Calibrate diverter/transfer units as necessary to maintain precision and efficiency.

Inspection and Service of PTS Stations:

I. Inspect and test all PTS (Pneumatic Tube System) stations for proper operation, including sending and receiving functions.

J. Clean station surfaces, touchscreens, and input devices to ensure reliable user interaction and hygiene standards.

K. Replace worn or damaged components, such as seals, gaskets, and input device covers.

L. Verify the correct functioning of security features Pneumatic Tube System Components and Hardware Maintenance:

M. Conduct a comprehensive inspection of all system components and hardware, including tubes, connectors, and control panels for the Pneumatic Tube System and components.

N. Test and recalibrate sensors and control systems to ensure accurate monitoring and control of tube movements and deliveries.

O. Check for air leaks, loose connections, and wear in tubes and connector assemblies, repairing as necessary.

P. Verify that all data, communication, and power cables are secure and in good condition, addressing any issues found.

Q. Clean and lubricate moving parts, such as gears, bearings, and pivots, to prevent wear and ensure smooth operation.

R. Test the responsiveness and accuracy of diverter/transfer units in directing tube carriers to the appropriate destinations.

S. Calibrate diverter/transfer units as necessary to maintain precision and efficiency.

Deliverables:

14 calendar days after the completion of each annual onsite service, the contractor shall submit a report to the VA COR detailing all work performed, system status, maintenance and maintenance repairs performed, and issues identified.

11. Performance Monitoring.

Performance monitoring shall be performed onsite by the VA COR. The contractor shall provide project status updates upon request and notify the VA COR in advance of any delays in significant project schedule milestones or deliverables.

Quality Assurance Surveillance Plan (QASP):

Levels Methods of Surveillance

Contractor develops phased project schedule with significant milestones and deliverables in base year.

VA COR monitoring & review of status reports.

The contractor procures, delivers, and installs all new software and equipment in the base year

12. Delivery Schedule.

The contractor shall submit a project schedule for the VA COR for review and approval before commencing all work, and within 14 calendar days after the contract award.

The contractor’s schedule shall include the project phases by building number, the dates, significant milestones, and deliverables to complete all site preparation and system upgrades.

Contractor submittal documents prepared and submitted for approval, forming the basis for closeout docs including updated final as-builts.

During this equipment installation, software implementation and programming phase, the contractor will work closely with VA COR and any designated VA POCs to prepare submittal documents, as-builts, and all other services required to accomplish the upgrade.

During the performance of this contract the contractor shall provide ongoing training and support to VA end-users and VA administrative staff on the proper use, functionality, and controls of the pneumatic software delivery management system.

Contractor personnel shall coordinate with the VA COR in advance and obtain written approval of any scheduled shutdowns needed to include impact to systems.

The contractor shall ensure all personnel are qualified, experience, and license personnel for the services required.

13. Inspection and Acceptance Criteria.

The VA COR is responsible and will certify the contractor’s work done under the contract is performed on schedule and adhere to the general standards and statement of work.

Acceptance and inspection of the contractor’s work will be performed by the VA COR before invoices are approved. Written acceptance of the contractor’s work must be signed by both the VA COR and the contractor.

14. Warranty.

The contractor shall provide a minimum of one year warranty on new parts and equipment.

The contractor shall provide a minimum of one year warranty on on-site labor and services provided at the Puget Sound VA Medical Center.

15. Place of Performance.

Puget Sound VA Medical Center - Seattle campus Bldg. 100 1660 S Columbian Way, Seattle WA 98108

16. Hours of Work.

Normal operational hours for the VA facilities are from 6:30 a.m. – 4:00 p. m, Monday through Friday, exclusive of Federal Holidays unless stated differently elsewhere.

The Contractor may for his/her convenience request authorization in advance from the VA COR to work outside of regular working hours of regular workdays. The government will not pay the contractor additional costs for any work outside of normal working hours or that is required to accomplish all work.

Recognized Federal Holidays: New Year’s Day, Martin Luther King Jr. Day, Washington’s Birthday (President’s Day), Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas.

17. Period of Performance.

2025 -2030

18. Invoicing.

VA published the final rule requiring vendors to submit invoices electronically to the Financial Services Center (FSC) in the November 27, 2012 Federal Register. The rule became effective December 27, 2012. The rule includes a new contract clause to be inserted in all solicitations and contracts by the contracting officer (VAAR 852.232-72). Other information:

a. The FSC uses a third-party contractor, Tungsten Network, to transition vendors from paper to electronic invoice submission. For information on Tungsten Network electronic invoicing set-up, vendors should call 1-877-489-6135, or email VA.Registration@Tungsten-Network.com.

b. Vendors are required to register with Tungsten Network and submit invoices electronically as a condition of acceptance of this contract or order.

c. Submittal of invoices are to be through https://www.tungsten-network.com/

19. Security Requirements.

Temporary badging policies will be used for services under 90 Days.

The contractor shall adere to VA Handbook 6500, aligning with the NIST Special Publication 800-53 controls.

20. VA Information and Information System Security Language for Contracts Required

18. Records Management Language for Contracts Required The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 Federal Acquisition Regulation (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…