S02 RFQ 36C26123Q0374 - Medical Gas Inspections.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

612-23-3-6133-0017

36C26123Q0374 02-27-2023

Durell Salaz 916-923-4385 03-10-2023

3:00 PM PST

612MCP

Department of Veterans Affairs

VA Sierra Pacific Network (VISN 21)

VA Northern California HealthCare System

5342 Dudley Blvd., Bldg. 209

McClellan CA 95652-2609

X

541690

$16.5 Million

N/A

**See Performance Work Statement**

612MCP

Department of Veterans Affairs

Department of Veterans Affairs

VA Northern California HealthCare System

3230 Peacekeeper Way, Bldg. 209

McClellan CA 95652-1012

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Contractor shall provide Medical Gas Inspection and

Unscheduled Maintenance Services in accordance with the

Performance Work Statement (PWS).

Quote instructions are provided in provision 52.212-1.

Evaluation factors are provided in provision 52.212-2.

Base Period of Performance: 04-01-2023 - 03-31-2024

Please use the following DOL Wage Determination:

(WD-CONTRA COSTA) - 2015-5631 REV.20

(WD-SACRAMENTO) - 2015-5631 REV.18

(WD-SHASTA) - 2015-5627 REV.17

(WD-SOLANO) - 2015-5655 REV.17

See CONTINUATION Page

Angela Gerlitzki

Contracting Officer

36C26123Q0374

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

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WD2015-5623 REV.20 CONTRA COSTA 12-27-22

D.2 WD2015-5627 REV.17 SHASTA 12-27-22

D.3 WD2015-5631 REV.18 SACRAMENTO 12-27-22

D.4 WD2015-5655 REV.17 SOLANO 12-27-22

D.5 VENDOR’S PERFORMANCE WORKSHEET

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

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

SERVICES (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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: Contract Specialist 36C261 Durell Salaz

VA Sierra Pacific Network (VISN 21)

VA Northern California HealthCare System

5342 Dudley Blvd, Bldg. 209

McClellan, CA 95652-2609

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] Monthly 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.

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR

Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791 http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoice.asp mailto:VA.Registration@Tungsten-Network.com

• FSC e-invoice email: vafsccshd@va.gov

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

mailto:vafsccshd@va.gov

B.2 STATEMENT OF WORK

This is a service request to perform annual mandatory medical gas system(s) certification inspections and preventative maintenance per the following codes, standards, guidelines, recommendations and policies:

Joint Commission (TJC) environment of care standards (E.C.), Department of Veterans Affairs Northern

California Health Care System (VANCHCS), National Fire Protection Association (NFPA), American

Society of Sanitary Engineers 6000 (ASSEE), Occupational Safety Health Agency, and Compressed Gas

Association.

1. GENERAL

1.1. Contractor shall provide all documentation, testing equipment, tools, materials, labor, and transportation to perform monthly, quarterly, annual testing, and minor maintenance of all medical gases, and laboratory gas systems, and all vacuum and waste anesthetic systems at the

VA Northern California Healthcare System.

2. LOCATIONS

2.1. 10535 Hospital Way, Mather CA 95655-4200

2.2. 5342 Dudley Blvd., Bldg. 88, McClellan Park, CA 95652

2.3. 150 Muir Road, Martinez, CA 94553-4668

2.4. 201 Walnut Avenue, Vallejo, CA 94592-1107 (Mare Island)

2.5. 760 Cypress Avenue, Redding, CA 96001-2732 (Clinical Annex)

3. QUANTITY OF DEVICES

3.1. See Schedule A (below)

Note: Quantities are for known and previously documented components and are for reference only; all existing components in this scope of work shall be inspected.

4. POINT OF CONTACT (POC)s

4.1. Mather/McClellan

4.1.1. Primary: Chief of Maintenance and Operations, Marty Thompson, 916-843-7178, Cleon.Thompson@va.gov

4.1.2. Secondary: Working Supervisor, Scott Dozier, 916-384-7728, scott.dozier@va.gov

4.2. Martinez/Mare Island

4.2.1. Primary: Chief of Maintenance and Operations, Noah Helsabeck 925-250-8866

Noah.Helsabeck@va.gov

4.2.2. Secondary: Working Supervisor, Victor Carter, 925-372-2540, Victor.CarterII@va.gov

5. QUALIFICATIONS

5.1. Contractor shall be licensed, bonded, and insured in the state of California. Contractor shall possess the correct California Contractor license classifications and certifications to perform

Medical Gas inspections testing, Testing and Air Balancing (CCAB) and to perform repairs of medical gas systems. Contractors and his employees shall be certified as med gas certifiers per

NFPA codes and standards. The contractor shall provide to the Contracting Officer’s

Representative (COR) proof of inspector qualifications for all employees engaged in the inspection or repair procedures prior to start of work. Technicians shall be trained and certified to mailto:Cleon.Thompson@va.gov mailto:scott.dozier@va.gov mailto:Noah.Helsabeck@va.gov mailto:Victor.CarterII@va.gov perform testing procedures per ANSI/ASSE Standard 6030, which includes NITC certification.

Below are the required certifications:

5.1.1. California Contractor license.

5.1.2. Certifications to perform Medical Gas inspections testing, Testing and Air Balancing

(CCAB) and to perform repairs of medical gas systems per NFPA codes and standards as well as ANSI/ASSE Standard 6030, which includes NITC certification.

5.1.3. Licenses for ASSE 6040 Maintenance NFPA 99-2015, MGTC Cert, ASSE 6005, and

Generalist NFPA 99-2015.

5.1.4. Proof of inspector qualifications for all employees engaged in the inspection or repair procedures.

6. SCHEDULING

6.1. Contractor shall schedule all work with the POC at each division. Contractor shall provide proposed schedule no less than 10 working days prior to work. Inspections shall be completed, and a report submitted prior to the end of the year in November/December.

7. SCOPE OF WORK

7.1. Master Alarm Panels (MAP)

7.1.1. Continuity Test of MAPs. NFPA 99, 2018, Chapter 5.

7.1.2. Verify MAP, Source and Bulk system labeling.

7.1.3. Master alarm Panel Function Test: Function testing of master alarm panels meeting NFPA

99, 2018, Chapter 5.

7.1.3.1. Test all signals from source and bulk systems to master alarm panels. Simulate failures at all source field switches.

7.1.3.2. Assure all alarm trip settings are accurate.

7.1.3.3. Verify all labeling at master alarm panels, source and bulk systems meets standard.

7.1.4. Verify all audible and visual signals.

7.1.5. Assure all alarm trip points are factory set to NPFA standards.

7.1.6. Check accuracy of readouts.

7.1.7. Verify labeling correctly identities ‘area served’ by the alarm panel.

7.2. Area Alarm Panels.

7.2.1. Continuity Test of area alarm panels. NFPA 99, 2018, Chapter 5.

7.2.2. Verify all audible and visual alarm signals.

7.2.3. Validate all alarm trip points are set to NFPA standards.

7.2.4. Check accuracy of readouts.

7.2.5. Verify signage correctly identifies areas served by the AAP.

7.3. Zone Valves: ASSE Annex D. Section 3.5.

7.3.1. Verify area served by each zone valve is correctly labeled.

7.3.2. Test for external leaks at each valve.

7.3.3. Validate accuracy of pressure gauge.

7.4. Liquid Bulk Systems: NFPA 99, 2018, Chapter 5 & ASSE Annex D. Section 3.5 (b), (c).

7.4.1. Test the operation of the reserve and activate ‘reserve in use’.

7.4.2. Check proper level activating switch.

7.4.3. Inspect all cryogenic tanks: security, leaks, control configuration, labeling.

7.5. Gas Source Systems: NFPA 99, 2018, Chapter 5 & ASSE Annex D. Section 3.5(d), (e) & 3.3(d).

7.5.1. Leak test all manifold components: valves, pigtails, regulators.

7.5.2. Test for proper function of ‘reserve in use’ switch.

7.5.3. Test operation of the changeover for secondary supply.

7.6. Medical Air System: NFPA 99, 2018, Chapter 5 & ASSE Annex D. Section 3.3(a)(b) & 3.5

(g)(h).

7.6.1. Verify compressor operating within manufacturer specifications.

7.6.2. Verify documented maintenance plan in place.

7.6.3. Function test automatic alternating controls.

7.6.4. Test audible and visual alarms.

7.6.5. Test pressure across filters.

7.6.6. Verify Dew Point and CO monitor and verify proper operation.

7.7. Vacuum System: NFPA 99, 2018, Chapter 5.

7.7.1. Verify maintenance being conducted per manufacturer specifications.

7.7.2. Function test automatic alternating controls.

7.7.3. Test pressure/vacuum switch for proper operation.

7.7.4. Validate frequency of pump starts and duration of runs.

7.7.5. Measure ‘Cut-in/Cut-out’ pressure/vacuum.

7.8. Gas Outlets and Vacuum Inlets: NFPA 99, 2018, Chapter 5, Chapter 15, & ASSE Annex D.

Section 3.5.

7.8.1. Test flow of all vacuum inlets.

7.8.2. Check the pressure/flows of all outlets in critical care areas: ERs; ICUs; Angio/Cath labs;

ORs; recovery.

7.8.3. Check the pressure/flows of all outlets in all non-critical care areas.

7.9. Emergency supply oxygen connection.

7.9.1. Function test to verify ball valve, demand check valve operation, and condition of physical connection point to ensure that the emergency supply connection is fully operational.

7.10. Non-testable devices.

7.10.1. If a room or outlets/inlets cannot be tested due to patient use, the contractor’s technicians shall notify the Northern California Health Care System POC. The POC shall coordinate work with using service and contractor to schedule and perform work. Contractor shall assign a team for the inspection that shall be complete the before contractor completes site inspection.

8. CONTRACTOR RESPONSIBILITIES

8.1. Contractor shall properly dispose of all used material, parts, fluids, and used rags per

Federal/State and local Environmental Protection Agency (EPA) codes and regulations.

8.2. Contractor shall only use industry approved and certified medical repair or maintenance materials and parts during testing and maintenance repair procedures.

8.3. Contractor personnel shall display an employee photo identification card worn above the waist indicating: Company name, and employee’s name.

8.4. Contractor shall abide by all rules of the station obtainable from the POC. Station rules shall be enforced by Police Service.

8.5. The POC and the contractor shall be jointly responsible to track all additional charges and repairs to ensure that the total dollar amount of the purchase order is not exceeded.

8.6. Contractor shall notify the Contracting Officer Representative prior to replacing any components to include but not limited to hour timers, indicator lights, valve signage, switches, adjusting pressure regulators, sensor replacements, and valve leaks.

9. FAILED DEVICES

9.1. Contractor shall verbally and on paper/email notify the POC of test failure on the same business day of failed test or devices. POC shall determine the criticality of failure and take appropriate action directing the contractor as how to proceed.

10. PREVENTATIVE MAINTENANCE

10.1. Contractor shall maintain all medical gas systems per the manufactures recommendation for each system. Reports shall be generated for all maintenance performed on each unit indicating and outlining maintenance performed and when next maintenance shall be performed.

11. UNSCHEDULED MAINTENANCE AND REPAIRS

11.1. Unscheduled maintenance and repairs are defined as any work that is requested and authorized by the government that is within the scope of this contract but in addition to the contract requirements. The intent is to remain in compliance with all regulatory guidance prescribed in this scope of work. After performing applicable inspections, if Contractor detects any work of this nature, the Contractor will immediately report it to the COR, but work shall not be performed until the contractor and the CO or COR, as appropriate, have reached an agreement on the price to accomplish the project. Work shall be performed immediately, if necessary (i.e., an emergency), although typically, a 48-hour notice will be given by the CO or COR.

11.2. Upon receipt of an Unscheduled Maintenance and Repairs request, the Contractor shall assess the requirement and prepare a quote with a statement of work and provide to the COR within 30 calendar days of the government request.

11.3. Unscheduled Maintenance and Repairs shall be approved in accordance with the terms of the contract before work may proceed. Upon approval, the Contractor shall work with the COR to assign a priority and required completion date to the work. Work shall generally be performed during normal business hours Monday – Friday, excluding Federal Holidays, and be completed in accordance with terms of the Statement of Work under which the work was awarded.

11.4. The contract value of Unscheduled Maintenance and Repairs will be set by the government and

COR will approve billing against the CLIN. The entire contract value of Unscheduled

Maintenance and Repairs may not be expended in an annual contract period if the funds are not required in the execution of the contract work.

12. DELIVERABLES

12.1. Contractor shall provide separate and standalone reports by division. Final Reports shall be delivered to COR, Ms. Dalila Rosales, Mr. Marty Thompson (Mather/McClellan), located at the

Mather VAMC, building 730, Maintenance department and Mr. Noah Helsabeck (Martinez/Mare

Island) at Martinez VAMC, building 12, within 30 working days from the last day contractor’s technicians were on site.

12.2. Reports shall include an inventory of all medical gas systems components organized by zones, separate bulk systems, analysis, and inventory.

12.3. Reports shall include a specific section that lists in detail all deficiencies/discrepancies and is outside the scope of the contract, costs associated with the correction of identified deficiencies.

12.4. After the minor repairs, contractor shall provide detailed information documenting repairs and certification.

12.5. Report shall contain performance documentation consisting of engineering analysis, photos, and charts. Report shall include identification of potential function failure in pipeline and or source equipment.

12.6. Contractors coming onsite shall check in with COR or POCs upon entering and exiting each location. Contractor shall submit a summary of all work performed prior to departure to the COR.

Report must include the contractor’s name, signature, and date.

13. INVOICES

13.1. Invoices and corresponding reports shall be provided to COR, Dalila Rosales prior to submitting invoice for payment in Tungsten in arrears. Invoice report should be electronic, comprehensive and in line with the inventory list. The Contractor shall use the inventory list on excel provided by the COR, at a minimum or better. The invoice, at a minimum, will contain the following columns:

13.1.1. Location/Building

13.1.2. Type

13.1.3. Medical Gas Name

13.1.4. Quantity

13.1.5. Date service was rendered

13.1.6. Invoice price by CLIN(s)

14. RECORDS MANAGEMENT OBLIGATIONS

14.1. Applicability.

14.1.1. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

14.2. Definitions.

14.2.1. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States

Government or because of the informational value of data in them.

14.2.2. The term Federal record.

14.2.2.1. Includes VHA records.

14.2.2.2. Does not include personal materials.

14.2.2.3. Applies to records created, received, or maintained by Contractors pursuant to their

VHA contract.

14.2.2.4. May include deliverables and documentation associated with deliverables.

14.2.3. Requirements.

14.2.3.1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chapters. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5

U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

14.2.3.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information

Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

14.2.3.3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

14.2.3.4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the

Contracting Activity. Willful and unlawful destruction, damage, or alienation of

Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to

NARA in accordance with 36 CFR 1230.

14.2.3.5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from

Government facilities or systems, or facilities or systems operated or maintained on the

Government’s behalf, without the express written permission of the Head of the

Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting

Officer or address prescribed in the [contract vehicle]. Destruction of records is

EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

14.2.3.6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

14.2.3.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

14.2.3.8. The Contractor shall not create or maintain any records containing any non-public

VHA information that is not specifically tied to or authorized by the contract.

14.2.3.9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

14.2.3.10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which

VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

14.3. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

NOTE: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor

14.4. Flow down of requirements to subcontractors

14.4.1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

14.4.2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

15. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

15.1. Contractor employees who work in or travel to VHA locations must comply with the following:

15.1.1. Documentation requirements:

15.1.1.1. If fully vaccinated, contractors shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card

(CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

15.1.2. If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug

Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

15.1.3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives

(CORs) or other hospital personnel.

15.1.4. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

15.2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to

VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

15.2.1. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

15.3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

15.4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract

Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

END OF STATEMENT OF WORK

https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/

B.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

11.00 EA __________________ __________________

Formal Document Report

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and

Veterinary Equipment and Supplies

Laminar Flow Unit - Airflow Visualization Study

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Laminar Flow Unit - Particle Count

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Laminar Flow Unit - Test

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

18.00 EA __________________ __________________

Pharmacy - Particle Count

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

25.00 EA __________________ __________________

Room Air Exchange Rate Calculation

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and

24.00 EA __________________ __________________

Room Pressure Readings

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

28.00 EA __________________ __________________

TAF - Test

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

506.00 EA __________________ __________________

Viable Sampling, Airborne: with Colony ID

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Viable Sampling, Surface: with Colony ID

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

11.00

EA

Biosafety Cabinet - Airflow Visualization Study

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Biosafety Cabinet - Particle Count

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Biosafety Cabinet - Test

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

3.00 EA __________________ __________________

Supply Register - Velocity Profile Only

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

1.00 YR __________________ __________________

Airflow Visualization Study

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Unscheduled Maintenance and Repairs (refer to PWS)

Contract Period: Base

POP Begin: 04-01-2023

POP End: 03-31-2024

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

9.00 EA __________________ __________________

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 1

POP Begin: 04-01-2024

POP End: 03-31-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 2

POP Begin: 04-01-2025

POP End: 03-31-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

Consulting Services

PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: H365 - Inspection - Medical, Dental, and

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 3

POP Begin: 04-01-2026

POP End: 03-31-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Contract Period: Option 4

POP Begin: 04-01-2027

POP End: 03-31-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

GRAND TOTAL __________________

Summary:

Period of Performance Amount

Base Year – 04/01/2023 – 03/31/2024 $

Option Year 1 – 04/01/2024 – 03/31/2025 $

Option Year 2 – 04/01/2025 – 03/31/2026 $

Option Year 3 – 04/01/2026 – 03/31/2027 $

Option Year 4 – 04/01/2027 – 03/31/2028 $

Aggregate Amount $

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 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…