RFQ 36C26225Q0720.pdf

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

691-25-2-685-0073

36C26225Q0720 04-16-2025

Anthony Dela Cruz 562-766-2284 04-28-2025 7:00 am PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

325412

1300 Employees

NET 30

N/A

36C691

Department of Veterans Affairs Greater Los Angeles Healthcare System West Los Angeles Medical Center 11301 Wilshire Boulevard Los Angeles CA 90073-1003

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center Submit invoices electronically to:

https://www.tungsten-network.com Tungsten support: 1-877-489-6135

See CONTINUATION Page

RFQ 36C26225Q0720 is a brand name or equal requirement for IV Workflow Management Solution (IVWMS) in accordance with B.2 and B.3.

This solicitation is unrestricted full and open competition in the open market.

Award will be made IAW ADDENDUM to FAR 52.212-1 INSTRUCTIONS

TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES,

AND FAR 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND

AND COMMERCIAL SERVICES.

ALL QUOTES MUST BE RECEIVED BY MONDAY APRIL 28, 2025

7:00 a.m PDT.

There is no NMR Class Waiver under NAICS 325412 for IVWMS.

See CONTINUATION Page

Dela Cruz, Anthony C.

VA-VHA-RPOW-2024-0101

36C26225Q0720

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED

ENTITIES (DEC 2023)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN

2023)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

C.5 52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER

THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (JAN 2025)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...43

C.7 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014)

C.8 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.9 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014)

C.10 52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007)

C.11 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) ...53

C.14 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.16 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.17 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.8 52.216-1 TYPE OF CONTRACT (APR 1984)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

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 36C262 Anthony.DelaCruz@va.gov

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

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, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X]

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.

Submit invoices electronically to:

https://portal.tungsten-network.com/ mailto:Anthony.DelaCruz@va.gov https://portal.tungsten-network.com/

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

GENERAL REQUIREMENTS:

The VA Greater Los Angeles Pharmacy Department has a need for IV workflow management solutions (IVWMS), consisting of both software and hardware components. The IVWMS will provide increased medication safety through barcode scanning and gravimetric analysis. In addition, it will have the ability to track inventory, manage inventory, and help with inventory optimization using the automated system to track usage, help manage stock levels, and reduce waste.

IVWMS will increase workflow efficiency by utilizing electronic tracking of logs, productivity, and drug data; to be used for reporting and regulatory purposes. The workflow solution will have barcode verification available, which allows for identification of correct drug, drug strength, diluent, and containers used during compounding. Camera verification is also available and is configurable to be optional or mandatory during compounding. Finally, it will also provide gravimetric and volumetric verification of the final product. All IV compounding workflow will be electronically tracked, recorded, and will allow for remote pharmacist final verification. The IVWMS product will have the ability to customize labels, including color print, and offer compliance reporting. It will also proactively recommend remnant vial and returned dose utilization whenever possible for inventory optimization.

BACKGROUND:

Veterans’ Health Administration (VHA) Directive 1108.12 establishes national policy regarding in-house compounding of sterile preparations for compliance with the United States Pharmacopeia Chapters 797 and 800 (USP <797> and USP <800>). The basis of these regulatory directives is to provide oversight and ensure safe compounding of sterile products.

Barcode scanning, and gravimetric analysis, provides reduced errors, by electronically checking for correct drug and volume; along with tracking each item that is being compounded. In the recent past, there have been compounding errors that could have been identified if this technology in place prior to becoming a patient safety issue. The Institute for Safe Medication Practices (ISMP), along with The Joint Commission (TJC), and other federal regulatory agencies have analyzed the incidents and have made changes to operational processes, along with safety recommendations related to compounding processes. The use of barcode scanning, gravimetric and volumetric verifications, and monitored environmental and competency assessments have been widely recognized as best practices and gold standards.

INTRODUCTION:

Guided, gravimetric based IV workflow management systems (IVWMS) are designed to support pharmacy’s compounding operations for all preparation types, including IVs, hazardous and nonhazardous preparations, sterile and nonsterile preparations and oral syringes. The unique combination of software and hardware enables gravimetric analysis along with barcode verification to help provide safety and efficiency for your compounding preparations while ensuring medication safety, inventory management, workflow efficiency, documentation and analytics, robust, onsite implementation and support.

SALIENT CHARACTERISTICS

• Gravimetric and volumetric verification

• Real-time gravimetric and barcode variation simultaneously

• Dosing error detection to include incorrect selection of drug, diluent, or and final container

• Calculation of diluent and drug quantities required to compound prescribed admixtures

• Immediate error notification and step by step-by-step remediation

• Verify doses are prepared within the institutional tolerances

• Allow pharmacist verification of preparations remotely

• Perform in-line verification prior to mixing ingredients

• Provide final pharmacist ability to review/verify/validate admixture was prepared correctly

• Digitally capture preparation times and drug waste

• Require hard-stops during preparation process to prevent potential errors from moving forward in the IV compounding production workflow

• Provide electronic documentation to include:

o Fully automated documentation and audit trail for each compounding procedure o History of all prepared medications o Preparation details (dose used, preparer, products used)

• Provide guidance and safety checks to comply with USP guidelines

• Provide 24/7 technical and customer support

• Include barcode automation to track dates

• Remote visibility using an integrated camera

• Configurable workflow dashboard showing which compounds are currently being prepared, as well as history of recent preparations, to aid efficient operational workflow

• Print final label after successful completion of preparation

• Standard and customizable reports with showing operational, inventory, and productivity data

• Ability to track returned, unused IV preparations to be reused for new patient orders

• Ability to integrate with Active Directory to allow for better User Management and security

• Footprint is limited and does not require significant clean room layout changes

• Current VA customers with published results in accredited industry journals

• Ability to interface with VistA software

• Fit inside closed hooded compounding systems, such as compounding aseptic containment isolator (CACI) – Baker CS500 and compounding aseptic isolator (CAI) – Baker SS400 and use no more than 12 inches width of space within the main chamber.

• Total unit that is required to be inside the sterile compounding hood must weigh less than 5 pounds.

• Peripheral Hardware System o 22” Medical Panel PC compatible with BD IV Prep

3 Yr Comprehensive Warranty + Lifetime Phone Support Tigerlake Series Motherboard w/o CPU Intel Core 11th generation i5 Processor 120W Medical Grade Power Supply 4PIN with AC Cord Intel Tri-Band Wireless-AC AX210 WiFi6E with Bluetooth 5.3 256 GB SATA 2.5” SSD Drive 8GB DDR4-2400MHz SO-DIMM 22” PCAP Touch Controller 22” Medical Grade Touch Glass 22-inch LED eDP G22/B MVA Panel with 1920 x 1080 Resolution Security Cable Management Cover Healthcare Grade Washable IP68 Keyboard & Mouse Microsoft Windows 11 Professional Microsoft Windows 10 Profession (Downgrade from Windows 11 Professional) o Portable 4” desktop label printer Print methods: Thermal Transfer or Direct Thermal ZPL and EPL programming languages 5 status icon, 3 button user interface USB 2.0, USB Host Real Time Clock (RTC) OpenACCESS for easy media loading Dual-wall frame construction ENERGY STAR certified Dimensions: Direct Thermal 8.69 in. L x 6.98 W x 5.93 H Weight: no more than 3 pounds Resolution at least 203 dpi/8 dots per mm Operating System: Link-OS o PC Workstation Cart Light and Nimble Height Adjustable High Performance Powerbank Imbedded in Tech Tray Easy Roll Casters

Dimensions: Width 21 in. x L 19.4 In. x Height 48.5” – 64.75”

All in One Mount: VESA 75/100 mm with Swivel, Pivot, Tilt and Color Options with integrated Power brick

Wheels: 4 in. Swivel and total locking Lift Range 14 in.

Must be able to be hold a 4” label printer Must be able to hold a 22” Medical Grade PC Keyboard and Mouse tray o Barcode Scanner o Medical Grade Keyboard

100% waterproof, dishwasher safe and fully submersible Designed to withstand industrial grade disinfectants and cleaners Full size Numeric keypad and laser etched keycaps o Wireless Medical Grade Mouse 100% waterproof and dishwasher safe rating that is IP69 certified Designed to withstand industrial grade disinfectants and cleaners Convenient wireless connection Includes charging base Battery charge indicator light Two button mouse with scroll wheel (clickable)

INSTALLATION, INCLUDING VERIFICATION/VALIDATION, TRAINING:

• The contractor shall provide all labor, equipment, tools, software frameworks, applications, licenses, installation, supervisor, and other items necessary to deliver and install fully functional equipment.

• The IVWMS will require installation in the hazardous and non-hazardous IV clean rooms at VAGLAHS. Additionally, IVWMS will be installed to a segregated compounding area with a CAI.

• The contractor will provide formal system administration training.

Training dates and time frame shall be determined by the VA and contractor.

• The contractor will provide software support.

• Verification of network connectivity between gravimetric system and

VA network

• Training shall be provided by the contractor.

• Training shall be scheduled within an 8-hour day with times specified and coordinated with the VA pharmacy team.

• Test and Acceptance: Contractor shall test all equipment after installation. The government shall accept equipment once installation and successful testing has been completed and approved.

• Warranty/Service Contract: All equipment and materials shall come with a standard one-year warranty. Warranty shall begin after installation of equipment and completion of tests.

• All hardware will be installed and operational in accordance with manufacturer's specifications and VA IT requirements.

• Support shall be available and provided via telephone and on-site.

Support shall be available in varying increments such as 2, 4, 8- or 24-hour response times.

• Support shall be provided by the company that the system is purchased from.

• Support shall be provided on all hardware and component pieces purchase with this system.

• Support shall be provided on all software, interfaces, and subscriptions purchased with this system.

Contractor Responsibilities

• Assign a Project Manager upon award of contract. The Project Manager shall develop a project schedule and implementation plan.

• Contractor shall provide qualified and VA credentialed personnel to perform the installation of the items as noted in this SOW.

• Contractor shall schedule and coordinate the installation in agreement with the customer. The Contractor shall complete the install and configure all elements of the new system within the following hours:

8:00 AM and 4:00 PM EST, Monday thru Friday (no government holidays).

• Contractor shall be responsible for all system/software testing after installation and prior to government acceptance.

• Contractor is responsible for onsite training for approximately 1 day.

Training times shall be coordinated with COR.

• Contractor is responsible to ensure all equipment to be installed meets VA standards.

• Contractor is responsible for ensuring the proper disposal of all debris generated from installation activities.

• Contractor is responsible for securing all materials, equipment and tools while on government property or in government facility.

Government is not liable for any lost or stolen items that are not properly secured.

• Contractors coming on station or working remotely will be required to take the VA Privacy and Information Security Awareness Program and the Privacy and HIPAA Training. Completed training certificates should be maintained by the COR of this contract for audit purposes.

Appropriate fingerprinting and background investigation are required.

• The vendor shall comply with the following VA Handbooks:

• VA Handbook 6500: Information Security Program

• VA Handbook 6550: Pre-Procurement Assessment for

Medical Devices Government Responsibilities:

• The authorized COR or program manager will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project.

• Provide site access and escorts to the customer's location where the equipment is located.

• Provide adequate space for the work to be performed.

• Provide the contractor with contact information and the necessary authorization to coordinate connectivity issues with applicable U.S.

Government POC's.

Specific Mandatory Tasks and Associated Deliverables

• Provide such software and hardware updates as needed to maintain and/or repair if such is commercially available and covered by standard maintenance agreements.

• Provide personnel (technicians, engineers, or others as required) to maintain and/or repair within 24 hours of a non-critical failure.

• Training for administrator level personnel and client user personnel.

All trained personnel will be able to easily access the system and generate the needed reports and graphs.

• Provide VAGLAHS with services as described above for the period of performance shown above.

CHANGES TO THE STATEMENT OF WORK

Any changes to this statement of work (SOW) shall be authorized and approved only through written correspondence from the contracting officer (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.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

c. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach.

The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

SECURITY CONTROLS COMPLIANCE TESTING:

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

(STATEMENT OF WORK END)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 EA ________________

134056-01 CCE Basic Connectivity PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 134056-01-2

LOCAL STOCK NUMBER: 134056-01-2

9.00 EA ________________

518047 BD CATO SW SUBSCRIPTION (5-10)

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 518047

LOCAL STOCK NUMBER: 518047

518050 BD CATO IMP FEE TECHNICAL INST

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 518050

LOCAL STOCK NUMBER: 518050

518051 BD CATO IMP FEE - STANDARD SIN

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 518051

LOCAL STOCK NUMBER: 518051

10.00 EA ________________

137928-01 Mettler Toledo Install & 5Yr Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 137928-01

LOCAL STOCK NUMBER: 137928-01

10.00 EA ________________

137336-02 IV PREP GRAVIMETRIC PACK

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 137336-02

LOCAL STOCK NUMBER: 137336-02

5.00 EA ________________

518055-01 Mettler Toledo CarePac 2KG/200 Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 518055-01-1

LOCAL STOCK NUMBER: 518055-01-1

139282-01 IVP 2019 Server w/SQL Stndrd D Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 139282-01

LOCAL STOCK NUMBER: 139282-01

137876-01 Viewer IV Prep Subscription Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 137876-01

LOCAL STOCK NUMBER: 137876-01

12.00 EA ________________

134056-01 CCE Basic Connectivity Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 134056-01-2

LOCAL STOCK NUMBER: 134056-01-2

108.00 EA ________________

518047 BD CATO SW SUBSCRIPTION (5-10)

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 518047

120.00 EA ________________ ________________

137336-02 IV PREP GRAVIMETRIC PACK

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 137336-02

22" Medical Panel PC Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): CMG22-1479507

LOCAL STOCK NUMBER: CMG22-1479507

ELE PC Cart w/Swivel/Tilt Monitor Mount, 5 Year Warranty Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): ELE-PC-1

LOCAL STOCK NUMBER: ELE-PC-1

Tethered Scanner Holder Bracket Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): EVA-TSH1-1

LOCAL STOCK NUMBER: EVA-TSH1-1

Zebra ZD420 Printer Holder Shelf Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): PH-ZD420-1

LOCAL STOCK NUMBER: PH-ZD420-1

SEAL GLOW Silicone Keyboard - Backlit Dishwasher Safe (White)(USB)(Gen 2 Design Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): SSH-SW106G2

LOCAL STOCK NUMBER: SSH-SW106G2

STORM Washable Rechargeable Wireless Medical Grade Optical Mouse w/ Scroll Wheel and Charging Base with Integrated 3 Port USB Hub - Dishwasher Safe (White)(USB) encrypted Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): STWM042WE

LOCAL STOCK NUMBER: STWM042WE

15.00 EA ________________

ZD421 DT PRINTER HEALTHCARE PRNT 300DPI USB

HOST ENET BTLE5 US CORD

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): ZD4AH43-

D01E00EZ

LOCAL STOCK NUMBER: ZD4AH43-D01E00EZ

15.00 EA ________________

3YR COMPRE ONECARE ESSEN PURCH SVCS W/IN

30DAY OF DEVICE ZD421D ZD421T

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): Z1AE-ZD4X1-

3C0

LOCAL STOCK NUMBER: Z1AE-ZD4X1-3C0

19.00 EA ________________

DS8108 AREA IMGR HEALTHCRE SCANPERP CORDED

HC WHITE VIBRATION MOTOR

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): DS8108-

HC4000BVZWW

LOCAL STOCK NUMBER: DS8108-HC4000BVZWW

DS8108-HC USB KIT SCANNER AND PERP CBAU21-

S07ZAR SHIELDED USB CABLE

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): DS8108-

HCBU2104ZVW

LOCAL STOCK NUMBER: DS8108-HCBU2104ZVW

3YR ONECARE ESSENTIAL 3DAY TAT SVCS FOR DS8108

W/ NON COMP COV

Contract Period: Base

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): Z1AE-DS8108-

3C00

LOCAL STOCK NUMBER: Z1AE-DS8108-3C00

134056-01 CCE Basic Connectivity Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 134056-01

518047 BD CATO SW SUBSCRIPTION (5-10)

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

120.00 EA ________________

137336-02 IV PREP GRAVIMETRIC PACK

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

134056-01 CCE Basic Connectivity Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical

Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

518047 BD CATO SW SUBSCRIPTION (5-10)

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

137336-02 IV PREP GRAVIMETRIC PACK

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

134056-01 CCE Basic Connectivity Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

518047 BD CATO SW SUBSCRIPTION (5-10)

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

137336-02 IV PREP GRAVIMETRIC PACK

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

134056-01 CCE Basic Connectivity Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

518047 BD CATO SW SUBSCRIPTION (5-10)

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

137336-02 IV PREP GRAVIMETRIC PACK

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

GRAND TOTAL ________________

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB COVERED ENTITIES (DEC 2023)

(a) Definitions. As used in this clause—Kaspersky Lab covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., ‘‘Kaspersky’’;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any Kaspersky Lab covered article.

The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117–328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.3 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 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…