SANS Securing The Human Cyber Security Awareness Training

The solicitation number is TIRNO-16-R-00013. The solicitation is issued as a Request for Proposal (RFP). This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12 Streamlined Procedures for Evaluation and Solicitation for Commercial Services as supplemented with additional information included in this notice. This is a notification of intent to procure on a sole sources basis with The SANS Institute, 8120 Woodmont Ave., Ste 205, Bethesda, MD 20814 to procure SANS Securing the Human- End User Enterprise license with Single-Sign-On capability. SANS Awareness Training Program has a llibrary of 40 videos (modules), each spanning 3-5 minutes and cover specific topics. This includes 23 security awareness modules and 19 compliance modules with topics ranging from Cloud, Encryption, Passwords, Email, Mobile Devices, Data Security and Destruction to Red Flags, PCI DSS, GLBA, FERPA, HIPPA, PII and much more. Modules are translated into 26 languages. Support materials are available for all video modules in the form of screensavers, posters and newsletters. All content is updated twice per year by industry experts to include the latest threat vectors. Training is SCORM-compliant Training can be hosted on either the client's Learning Management System (LMS) system or the SANS Virtual Learning Environment (VLE), which can be accessed using Single Sign On. STH is mapped to the industry standard 20 Critical Security Controls audit framework. The contractor must be able to demonstrate their experience to perform/provide the services that is described in this combined synopsis/solicitation. Contractors must submit proposal in response to this requirement. Instructions for Submitting Proposals The provision at 52.212-1 Instructions to Offeror - Commercial, applies to this acquisition. In additional, Offerors are required to submit the following: (1) Capability statement addressing the ability to meet the requirements specified in the statement of work. (2) Offerors must complete the and return a copy of the provision 52.213-3 Offeror Representations and Certifications Basis for Award The Government will make an award to the lowest fair and reasonable priced technically acceptable responsible Offeror. An Offeror is technically acceptable if the offer meets the requirement of the statement of work. If the Offeror submits proposals which do not meet the requirements, the proposals will be considered Technically Unacceptable All Offerors shall respond by the closing dated as specified in this synopsis. Past Performance An Offeror's quality of past performance will be evaluated as an indicator of an Offeror's ability to perform the contract successfully. The performance of the corporate entity as a prime contractor or that of individual personnel may be considered. The evaluation of quality of performance is a subjective assessment of how well the Offeror has satisfied its customers in the past. The Government reserves the right to consider all aspects of an Offeror's performance history, but will determine attribute more significance to work that was similar in size, scope and complexity to the solicitation. Of equal importance in evaluating the quality of an Offeror's performance is: 1a. Quality of Services - conforming to contract requirements and standards of good workmanship. 2b. Cost Control - the contractor's adherence to budget estimates. 3c. Timeliness - the contractor's adherence to schedules including the administrative aspects of performance. Offerors without a record of recent and relevant quality of performance or for whom information on quality of performance is not available will not be evaluated favorably or unfavorably on quality of past performance and as a result, will receive a "neutral/unknown confidence" rating. Request For Proposal 1. Introduction: The Department of the Treasury, Office of the Chief Information Officer (OCIO) for Cybersecurity, provides leadership to DO and Bureaus in all areas of information security. Treasury OCIO Cybersecurity needs to procure a new software-as-a-service service enterprise license for providing module based cybersecurity awareness training to all employees and collecting completion metrics in order to meet federal law (cybersecurity awareness training required by FISMA) 2. Objective: The intent of this acquisition is to procure an enterprise license so that we may utilize capabilities Department-wide. 3. Product: The vendor shall provide products as configured below, items are required to be new. INDEPENDENT GOVERNMENT COST ESTIMATE FOR FIRM FIXED PRICE CONTRACT / ORDER Item # Part Number Description Qty 1 SANS Securing the Human- End User Enterprise license with Single-Sign-On capability 1 4. Technical Support: The vendor shall provide support as indicated in items above. 5. Contract Type for this Order: The Government anticipates that this task will result in a "Firm Fixed Price" (FFP) award. 6. Period of Performance: The period of performance is thirty (30) days or sooner from contract award for delivery with one (1) base year and two (2) option periods. 7. Inspection and Acceptance: The Delivery POC is responsible for inspection and acceptance of all items, incoming shipments, documents, and services. 8. Acceptance Criteria: Certification by the Government of satisfactory goods or services provided is contingent upon the vendor performing in accordance with the terms and conditions of the referenced agreement, this order, and all amendments. 9. Invoice Review: The Delivery POC may reject or require correction of any deficiencies found in the invoice. 10. Delivery Address: Electronic Delivery. If physical delivery of the license is required by the vendor, use the Treasury OCIO address below POC: Will be responsible for receipt of product and invoice approval. 11. Shipping: The vendor shall make use of commercial best practices in the packing and shipment of packages, unless otherwise stated in this order. Offers may be submitted on the basis of either or both f.o.b. origin and f.o.b. destination and they will be evaluated on the basis of the lowest overall cost to the Government. 13. Brand Name Justification: In for approval The purpose of this contact is to procure SANS Securing the Human-End User. 14. Section 508 Compliance: IR1052.239-9008 Section 508 Information, Documentation and Support (SEP 2006) In accordance with 36 CFR 1194, Subpart D, the electronic information technology (EIT) products and product support services furnished in performance of this contract shall be documented to indicate the current conformance level with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and the Architectural and Transportation Barriers Compliance Board's Electronic and Information Technology Accessibility Standards. At no time during the performance of the award shall the level of conformance go below the level of conformance in place at the time of award. At no additional cost, the contractor shall provide information, documentation, and support relative to the supplies and services as described in Section J, Attachment [Fill in]. The contractor shall maintain this detailed listing of compliant products for the full contract term, including forms of extensions, and shall ensure that it is current within five calendar days after award and within three calendar days of changes in products being utilized as follows: IR1052.239.9010 Section 508 Services (SEP 2006) All contracts, solicitations, purchase orders, delivery orders and interagency agreements that contain a requirement of services which will result in the delivery of a new or updated electronic and information technology (EIT) item/product must conform to the applicable provisions of the appropriate technical standards in 36 CFR 1194, Subpart B, and functional performance criteria in 36 CFR 1194.31, Subpart C, unless an agency exception to this requirement exists. The following technical standards and provisions have been determined to be applicable to this contract: x 1194.21, (a-l) Software applications and operating systems. x (a) x (b) x (c) x (d) x (e) x (f) x (g) (h) x (i) (j) x (k) x (l) x 1194.22, (a-p) Web-based Intranet and Internet Information & Applications. x (a) (b) x (c) x (d) (e) (f) x (g) x (h) x (i) x (j) x (k) x (l) x (m) x (n) x (o) (p) x 1194.23, (a-k) Telecommunications Products. x (a) (b) x (c) x (d) (e) (f) x (g) x (h) x (i) x (j) x (k) 1194.24, (a-e) Video and Multimedia Products. (a) (b) x (c) x (d) (e) 1194.25, (a-j) Self Contained, Closed Products. (a) (b) x (c) (d) x (e) x (f) x (g) (h) x (i) x (j) 1194.26, (a-d) Desktop and Portable Computers. (a) (b) (c) (d) x 1194.31, (a-f) Functional Performance Criteria (always applies). x (a) x (b) x (c) x (d) x (e) x (f) x 1194.41, (a-c) Information, Documentation, and Support (covered by IRSAP 1052.239-9008). x (a) x (b) x (c). The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. The following functional performance criteria 36 CFR 1194.31 applies to this contract. _X_ (a) At least one mode of operations and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided. _X_ (b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided. _X_ (c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided. _X_ (d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided. _X_ (e) At least one mode of operation and information retrieval that does not require speech shall be provided, or support for assistive technology used by people with disabilities shall be provided. _X_ (f) At least one mode of operation and information retrieval that does not require fine motor or simultaneous actions and that is operable with limited reach and strength shall be provided. 16. Invoice Review: The Delivery POC may reject or require correction of any deficiencies found in the invoice. 17. Delivery Address: Electronic Delivery. If physical delivery of the license is required by the vendor, use the Treasury OCIO address below POC: Will be responsible for receipt of product and invoice approval. 18. Shipping: The vendor shall make use of commercial best practices in the packing and shipment of packages, unless otherwise stated in this order. Offers may be submitted on the basis of either or both f.o.b. origin and f.o.b. destination and they will be evaluated on the basis of the lowest overall cost to the Government. 20. Brand Name Justification: The purpose of this contact is to procure SANS Securing the Human-End User. As a result of market research, SANS has been identified as a leading provider in interactive, module based cybersecurity training that meets the annual requirement per federal law and includes enhanced training opportunity for users. SANS offers a virtual training environment that would allow Treasury to integrate with utilizing single-sign-on. The enterprise license enables an enterprise administrative view and Bureau-level administration so that each component may customize their training to fit their training needs. 21. Section 508 Compliance: IR1052.239-9008 Section 508 Information, Documentation and Support (SEP 2006) In accordance with 36 CFR 1194, Subpart D, the electronic information technology (EIT) products and product support services furnished in performance of this contract shall be documented to indicate the current conformance level with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and the Architectural and Transportation Barriers Compliance Board's Electronic and Information Technology Accessibility Standards. At no time during the performance of the award shall the level of conformance go below the level of conformance in place at the time of award. At no additional cost, the contractor shall provide information, documentation, and support relative to the supplies and services as described in Section J, Attachment [Fill in]. The contractor shall maintain this detailed listing of compliant products for the full contract term, including forms of extensions, and shall ensure that it is current within five calendar days after award and within three calendar days of changes in products being utilized as follows: IR1052.239.9010 Section 508 Services (SEP 2006) All contracts, solicitations, purchase orders, delivery orders and interagency agreements that contain a requirement of services which will result in the delivery of a new or updated electronic and information technology (EIT) item/product must conform to the applicable provisions of the appropriate technical standards in 36 CFR 1194, Subpart B, and functional performance criteria in 36 CFR 1194.31, Subpart C, unless an agency exception to this requirement exists. The following technical standards and provisions have been determined to be applicable to this contract: x 1194.21, (a-l) Software applications and operating systems. x (a) x (b) x (c) x (d) x (e) x (f) x (g) (h) x (i) (j) x (k) x (l) x 1194.22, (a-p) Web-based Intranet and Internet Information & Applications. x (a) (b) x (c) x (d) (e) (f) x (g) x (h) x (i) x (j) x (k) x (l) x (m) x (n) x (o) (p) x 1194.23, (a-k) Telecommunications Products. x (a) (b) x (c) x (d) (e) (f) x (g) x (h) x (i) x (j) x (k) 1194.24, (a-e) Video and Multimedia Products. (a) (b) x (c) x (d) (e) 1194.25, (a-j) Self Contained, Closed Products. (a) (b) x (c) (d) x (e) x (f) x (g) (h) x (i) x (j) 1194.26, (a-d) Desktop and Portable Computers. (a) (b) (c) (d) x 1194.31, (a-f) Functional Performance Criteria (always applies). x (a) x (b) x (c) x (d) x (e) x (f) x 1194.41, (a-c) Information, Documentation, and Support (covered by IRSAP 1052.239-9008). x (a) x (b) x (c). The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. The following functional performance criteria 36 CFR 1194.31 applies to this contract. _X_ (a) At least one mode of operations and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided. _X_ (b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided. _X_ (c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided. _X_ (d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided. _X_ (e) At least one mode of operation and information retrieval that does not require speech shall be provided, or support for assistive technology used by people with disabilities shall be provided. _X_ (f) At least one mode of operation and information retrieval that does not require fine motor or simultaneous actions and that is operable with limited reach and strength shall be provided. SECTION E INSPECTION AND ACCEPTANCE 52.252-2 Clauses Incorporated by Reference (FEB1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): http://www.arnet.gov/far/ 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996) SECTION I CONTRACT CLAUSES 52.252-2 Clauses Incorporated by Reference (FEB1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): http://www.arnet.gov/far/ Federal Acquisition Regulations (48 CFR Chapter 1) Clauses Incorporated by Reference NUMBER TITLE 52.203-3 GRATUITIES (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997) 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) 52.222-3 CONVICT LABOR (JUN 2003) 52.222-26 EQUAL OPPORTUNITY (Mar 2007) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010) 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (Dec 2007) 52.227-14 RIGHTS IN DATA--GENERAL (Dec 2007) 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) 52.233-1 DISPUTES (JUL 2002) 52.242-13 BANKRUPTCY (JUL 1995) 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) 1 1052.232-7003 Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (Aug 2012) The U.S. Department of the Treasury, Financial Managements Internet Payment Platform (IPP) is a government-wide electronic payment information service that replaces the Payment Advice Internet Delivery (PAID) system. IPP allows vendors to receive their remittance information from their financial institution. Effective October 31, 2008, IPP replaced the PAID system. Former PAID users have been automatically migrated to IPP and need to complete the initial provisioning process from the new user ID, temporary password, and web address sent by Treasury. This is necessary in order to log in to the IPP and view or download payment information. New vendors may register on-line at https://ipp.gov. For additional information, refer to the IPP Customer Support at (866) 973-3131. The IPP will continue to support the following notification services previously offered by PAID: Web access only to remittance data, no payment notification emails sent, payment notification without remittance detail, and payment notification with remittance detail. Users may select event-driven notifications and schedule the frequency. Vendors can only access their own payment data. IPP remittance information includes the following data: ACH trace number, supplier name, agency name, payment status, issue date, invoice number, PO number, invoice amount, discount amount, payment amount, bank name, and bank address. The IPP will collect payment data for 18 months, which will be available for search, display and download. Payment information will be uploaded to the IPP daily from Treasury systems on the date of payment. (End of Clause) I.1 IR1052.204-9005 SUBMISSION OF SECURITY FORMS AND RELATED MATERIALS (OCT 2015) As described in Department of the Treasury Security Manual (TD P 15-71), Chapter I, Section 1, Position Sensitivity and Risk Designation, Contractor personnel assigned to perform work under an IRS contract/order/agreement must undergo security investigative processing appropriate to the position sensitivity and risk level designation associated to determine whether the Contractor (including subcontractor) personnel should be permitted to work in the identified position. The Contracting Officer`s Representative (COR) (in the absence of the COR, the Contracting Officer (CO)) shall work with the contractor to ensure that contractor (or subcontractor) employee is granted staff-like access to Sensitive but Unclassified (SBU) information, IRS/contractor (including subcontractor) facilities, information system/asset that process/store SBU information without the required investigation. For security requirements at contractor facilities using contractor-managed resources, please reference Publication 4812, Contractor Security Controls. The contractor shall grant staff-like access to IRS SBU information or information system/assets only to individuals who have received staff-like access approval (interim or final) from IRS Personnel Security. a. Contractor (including subcontractor) personnel performing under an agreement that authorizes staff-like access to and in IRS/contractor (including subcontractor) facilities, and access to SBU information or information systems are subject to (and must receive a favorable adjudication or affirmative results with respect to) the following eligibility/suitability pre-screening criteria, as applicable: (1) IRS account history for tax compliance (for initial eligibility, as well as periodic checks for continued compliance while actively working on IRS contracts); (2) Selective Service registration compliance; (3) U.S. citizenship/lawful permanent residency compliance; (4) Background investigation forms; (5) Credit history; (6) Federal Bureau of Investigation fingerprint results; and (7) Prior federal government background investigations. In this regard, Contractor shall furnish the following electronic documents to the Contractor Security Management (CSM) at CSM@irs.gov within 10 business days (or shorter period) of assigning (or reassigning) an employee to this contract/order/agreement and prior to the contractor (including subcontractor) employee performing any work or being granted staff-like access to IRS SBU or IRS/contractor (including subcontractor) facilities, information systems/assets that process/store SBU information thereunder: IRS provided Risk Assessment Checklist (RAC) Form 14606; Non-Disclosure Agreement (if contract terms grant SBU access); and, Any additional required security forms, which will be made available through CSM and the COR. b. Tax Compliance, Credit Checks and Fingerprinting: 1. Contractors (including subcontractors) whose duration of employment exceeds 180 days must meet the eligibility/suitability requirements for access and shall undergo a background investigation based on the assigned position risk designation as a condition of work under the Government contract/order/agreement. 2. If the duration of employment is less than 180 days or access is infrequent (i.e. 2 -3 days per month), and the contractor requires unescorted access, the contractor (including subcontractor) employee must meet the eligibility requirements for access in IRM 10.23.2.9, as well as a FBI Fingerprint result screening. 3. For contractor (including subcontractor) employees not requiring access to IT systems, a background investigation is not needed and will not be requested if a qualified escort, defined as an IRS employee or as a contractor who has been granted staff-like access, escorts a contractor meeting the conditions of number b.2 above at all times while the escorted contractor accesses IRS facilities and equipment. The contractor (including subcontractor) employee will be permitted to perform under the contract/order/ agreement and have access to IRS facilities only upon notice of an interim or final approval, as defined in IRM 10.23.2 - Contractor Investigations, and is otherwise consistent with IRS security practices and related IRMs, to include, but not limited to, IRM 1.4.6 - Managers Security Handbook, IRM10.2.14 - Methods of Providing Protection, and IRM 10.8.1 - Policy and Guidance. The Associate Director, Personnel Security prior to completion of the full investigation, will grant interim staff-like access approval as follows: a. Individuals who possess a current active U.S. Government security clearance for access to classified information may be granted interim staff-like access for positions after 1) the clearance is verified through the Joint Personnel Adjudication System (JPAS), and 2) after favorable adjudication of pre-screening eligibility/suitability checks. Individuals with Top Secret clearance may be granted interim staff-like access approval to occupy positions designated at any risk level. Individuals with Secret or Confidential clearances may be granted interim staff-like access approval to occupy positions designated Moderate or Low Risk. b. Individuals not possessing a current or active U.S. Government security clearance for access to classified information or not possessing a prior Government personnel security investigation that meets the scope and criteria required for their position may be granted interim staff-like access approval upon receipt of all required contractor security forms, and favorable adjudication of pre-screening eligibility/suitability checks. As prescribed in IRM 10.23.2, escorting in lieu of staff-like access for IT systems and access to SBU data (escorted or unescorted) will not be allowed. [End of Clause] I.2 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) As prescribed in 12.301(b)(3), insert the following clause: (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 the Contract Disputes Act of 1978, as amended (41 U.S.C. chapter 71). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract 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 f...