W--Generator Lease during Switchgear Replacement Buffalo VA Medical Center

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Synopsis/Solicitation Solicitation Number: VA528-16-R-0113 Posted Date: February 29, 2016 Original Response Date: March 18, 2016 Current Response Date: March 18, 2016 Classification Code: W059-Lease or rental of equipment-Electrical Set Aside: 100% SDVOSB NAICS Code: 532490-Other commercial and industrial machinery rental and leasing Contracting Office Address Department of Veterans Affairs Syracuse VA Medical Center Richard Williams 1304 Buckley Road- Suite C104 Syracuse, NY 13212-4311 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 13.501 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a "Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-83-July 2, 2015. The associated North American Industrial Classification System (NAICS) code for this procurement is 532490, with a small business size standard of $32.5 million. The Department of Veterans Affairs, Buffalo VA Medical Center is seeking to lease two (2) temporary generators while its electrical switchgear is rebuilt at its campus property. All interested companies shall provide proposals for the following: Western New York HealthCare System Buffalo VA Medical Center 3495 Bailey Avenue Buffalo, N.Y, 14125-1129 SCOPE OF WORK Temporary Generators to support Switchgear Room U-16 Project Number: 528-16-108 1. OBJECTIVE: The goal of the VA is to set up temporary generators(s) outside of room U-16 and to connect to the electrical service after the Federal Pacific Switchgear in room U-16 and prior to the Motor Control Center (MCC) MCC-1 for the 480 services and prior to Panel BDHP for the 208 service. Should the existing Federal Pacific switchgear fail, the generators will be manually energized to provide power to the VA systems that were connected to the switchgear. This project does NOT include any construction to connect feeders to existing systems, that will be provided in a separate construction contract and the contractor shall coordinate their efforts with the construction contract. 2. TECHNICAL INFORMATION (LOADING): This information is provided to indicate the loading for the generators (480-volt/3-phase and 208-volt/3-phase) 480 volt/3 phase Load as follows (Motor Control Center) MCC-1 " Located in Building 6, sub-basement boiler house. " 480-volt feed with parallel 400MCM conductors. " Rated for 600-amps. " Square D Model 6 new to facility in 2014 purchased from Graybar Electric in Buffalo. " Meter reading per phase as per reading of that day (parallel feeders); o A-phase: 1)71-amps, 2) 71-amps o B-phase: 1)68-amps, 2) 72-amps o C-phase: 1)60-amps, 2) 67-amps MCC-2 " Located in Building 6, sub-basement room S-26. " 208-volt feed with 4/0 conductors. There is an existing transformer that steps the voltage down from 480-volt,3-phase delta down to 208-volt, 3-phase Wye. " Rated for 600-amps. " Meter reading per phase; o A-phase: 18-amps o B-phase: 44-amps o C-phase: 18-amps MCC-3 " Located in Building 6, sub-basement room S-21. " 480-volt feed with 1/0 conductors. " Rated for 150-amps. " Meter reading per phase; o A-phase: 26-amps o B-phase: 26-amps o C-phase: 26-amps Fire Pump " Located in Building 6, sub-basement room S-26. " 480-volt, 75 HP, 100-amps full load current. Sprinkler System Jockey Pump " Located in Building 6, sub-basement room S-26. " 480-volt, 5 HP, 8-amps full load current. 208 volt/3 phase Load as follows Panel BDHP " Located in Building 6, sub-basement room U-16. " 208-volt, 3-phase with parallel 500MCM conductors. " Rated for 1,200-amps. " Meter reading per phase; o A-phase: 1)75-amps, 2)75-amps, 3)90-amps o B-phase: 2)75-amps, 2)75-amps, 3)80-amps o C-phase: 1)78-amps, 2)65-amps, 3)65-amps. 3. REQUIRED EQUIPMENT: GENERATORS There are two separate loads (480-volt/3-phase and 208-volt/3-phase). The intent is to have two separate generators to provide power to each load should the existing Federal Pacific Switchgear in Building 6, room U-16 fail. The generators will be located outside of Building 6 as indicated on the attached Site Plan. 480-volt/ 3-phase Generator Load " Nameplate Data Full Load Amps = 1,300-amps. " Meter Reading Data = 350-amps " VA potential generator size; o 500kW or 625kVA, 752-amps 208-volt/3-phase Generator Load " Nameplate Data Full Load Amps = 1,200-amps. " Meter Reading Data = 250-amps. " VA potential generator size; o 150kW or 187.5kVA, 520-amps GROUNDING Grounding will be provided as part of the construction project for each generator. The contractor shall coordinate efforts with the construction project to assure that the appropriate grounding is provided. OVER CURRENT PROTECTION DEVICE Each Generator (480-volt and 208-volt) shall be equipped with an overcurrent protection device. Maintenance and Service This contract for the rental of the two generators (480-volt and 208-volt) shall provide all monthly maintenance and services for the rental agreement including; " Oil changes and routine maintenance at manufacturers scheduled service intervals. The renter shall be responsible for all service and maintenance on the generators. " Monthly mandated VA generator Load Testing. " Annual Inspections and Testing. " At the conclusion of each scheduled maintenance visit, the Contractor will provide a written service report indicating the dates of service, the model, serial number, and barcode/ID number of the generator serviced, the name of the service representative, the hours worked, and the services performed and parts replaced. The reports will be delivered to the Contracting Officer's Representative (COR) for signature when work is complete; a copy will be sent to Engineering. Manual Start Generators There will be NO automatic transfer switch (ATS) for either generator. The generators shall be a manual start. Fuel Capacity " The generators shall have fuel to operate at full load capacity for 3 consecutive days. " The winter conditions of Western New York may have winters that are -20 degrees Fahrenheit; the contractor shall either provide the appropriate fuel mixture or provisions to keep the fuel stable under cold extreme cold conditions. (Winter Conditions) Supplemental Heating for Generators Should a heater jacket, block heater or unit heater be required, the contractor shall provide the electrical loads that are necessary for the VA and their contractor for the construction portion of this project to provide necessary power to keep the generator and the fuel stable. Rental Agreement " The temporary generators may be in place for 18 months while design and construction of the new permanent switchgear proceeds on a separate contract. o The rental for the generators will be 18 months but additional time may be required. The contractors bid shall outline additional costs per month beyond the 18 months that are anticipated being needed for the temporary generators. " Submittal for proposed temporary generators shall be received by the VA within 14 days after award of contract. " Approved temporary generators must be on site at the Buffalo VAMC within 30 days of submittal acceptance. " Approved temporary generators must be fully functional within 3 weeks after submittal approval. " Contractor shall coordinate with the VA to integrate all of the projects that are ongoing at the time of installation of the temporary generators. In particular there is a Generator replacement project near building 20 where conduits and conductors are being routed for the new generators. " The generator provider (contractor) shall provide onsite training for the VA staff for operation and care of each generator. The training shall be two (2) sessions that are approximately (3) hours each (estimated). The training shall encompass all systems required of the VA Technical staff to operate the generators. The training shall be staggered so that one session will be held one week and the next session will be the following week to accommodate VA staff that may be on leave. " The contractor shall respond within one (1) hour (be onsite of the Buffalo VA) when notified by the VA with either generator failures or safety concerns pertaining to the use or placement of the generators. These generators will provide power to many systems including but not limited to our boilers, without these generators in an emergency situation, the VA Buffalo will have NO heat or hot water. " In the event of equipment failures, replacement equipment must be delivered on the Buffalo VA campus within four (4) hours to keep the systems operational. Part I Execution 1. General: Services shall take place during normal working hours and after hours to meet the operational timeframe if necessary and through coordinating with the VA COR. All safety guidelines for the VA Hospital shall be strictly adhered to during installation. 1.1 GENERAL INTENTION A. Contractor shall repair work that is outlined under General Description at the VA Medical Center, Buffalo NY. Furnish all necessary labor, materials and supervision. B. Visits to the site by Bidders may be made only by appointment with the Contracting Officer or COR. C. All employees of general contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access. D. Prior to commencing work, general contractor shall provide proof that a OSHA certified "competent person" (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present. E. Training: 1. All employees of general contractor or subcontractors shall have the 10-hour OSHA certified Construction Safety course and /or other relevant competency training, as determined by VA CP with input from the ICRA team. 2. Contractor shall submit training records of all such employees for approval before the start of work. 1.2 STATEMENT OF BID ITEM(S) A. ITEM I, GENERAL SERVICES: 1.3 SCOPE OF WORK A. GENERAL SERVICES 1. Contractor shall provide all mobilization and demobilizations services. The mobilization work associated with the facilities mentioned shall be done in a safe and workmanlike manner and shall conform to all pertinent state and local laws and regulations. 2. It is the CONTRACTOR'S responsibility to develop a work plan detailing, at a minimum showing the procedures to be employed, the equipment and materials to be used, the safety plan to be used during the work, and a schedule defining the duration of the work with milestone subtasks. 3. General Contractor shall provide site supervision during all work. 1.4 SAFETY A. General: 1. Contractors are required to comply with the Occupational Safety and Health Act of 1970. This will include the safety and health standard found in CFR 1910 and 1926. 2. Questions regarding occupational safety and health issues can be addressed to the COR or Contracting Officer. B. Tools/Equipment: 1. Under no circumstances are equipment, tools and other items of work to be left unattended for any reason. All tools, equipment and items of work must be under the immediate control of your employee. C. Signs: 1. Signs must be placed at the entrance to work areas warning people of your work. Signs must be suitable for the condition of the work. Small pieces of paper with printing or writing are not acceptable. D. Accidents and Injuries 1. Contractors must report all accidents and injuries to the COR. 1.5 WAGE DETERMINATION U.S. Department of Labor Wage Determination: In compliance with Section IV, Contract Clauses, incorporating the provisions of FAR 52.222-41 Service Contract Act of 1965, and FAR Clause 52.222-42, Statement of Equivalent Rates for Federal Hires, offerors are advised that service workers employed under any contract resulting from this solicitation shall be paid not less than the minimum amounts shown in Section D and at the U.S. Department of Labor Wage Determination available at: http://www.wdol.gov/. 1.6 SITE VISIT All potential offerors are instructed to contact Martin Brothers to schedule a site visit prior to submitting proposals. The only Site visit is scheduled for Monday, March 7, 2016 at 9:00 AM EST. Please contact Martin Brothers via email at contact@example.gov or via phone at +1 (555) 000-0000 or +1 (555) 000-0000(cell) to schedule a site visit. NO QUESTIONS WILL BE ACCEPTED-ALL REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CO NO LATER THAN MARCH 11, 2016 AT 4:00 PM EST. 1.7 PERIOD OF PERFORMANCE The period of performance will be on or about April 1, 2016 (upon issuance of the Notice to Proceed) to September 30, 2017 with one option year that may be exercised at the discretion of the Government with optional rental months not to exceed twelve (12) months. Delivery shall be made as soon as possible after award, as indicated in the offeror's work plan. 1.8 PAYMENT Invoices will be paid monthly in arrears. Each invoice must include the VA Purchase Order Number, Invoice Number, and the date and time the services were rendered. Invoices must be submitted electronically for payment. 1.9 INSURANCE A certificate of insurance showing Albany VA Medical Center as additional insured shall be submitted to the CO prior to commencement of services. Minimum requirements are as follows: a. Workers Compensation and Employers Liability. Contractors are required to comply with applicable Federal and New York State Workers Compensation and occupational disease statutes. b. General Liability. Contractors are required to have Bodily Injury Liability Insurance Coverage written on the comprehensive form of policy of at least five hundred thousand dollars ($500,000) per occurrence. c. Property Damage Liability. Contractors are required to have Property Damage Liability insurance coverage of at least five hundred thousand dollars ($500,000). 1.10 PROTECTION OF GOVERNMENT PROPERTY Damage resulting from Contractor operations shall be repaired by the contractor at no additional cost to the government. Contractor shall be responsible to meet all OSHA and Safety requirements in the performance of the work. This shall include but not limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location. The Contractor shall be held responsible for any injuries and/or damages which may be caused as a result of the contractor's failure to adhere to these requirements. Extreme caution will be exercised to prevent damage to the grounds and sidewalks. Any damage must be reported to the COR immediately for appropriate action. Any damage caused by the contractor shall be repaired and/or replaced to the satisfaction of the VA at the contractor's expense. >>>END<<< See attached document: SITE PLAN-8x11. 1.11 By submitting a proposal , the offeror acknowledges the requirement to be registered in SAM (System for Award Management) and VETBIZ database prior to award, during performance and through final payment of a contract resulting from this solicitation. ? Place of Performance Name: Buffalo VA Medical Center Address: 3495 Bailey Avenue, Buffalo, NY Postal Code: 14215-1129 Country: UNITED STATES The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the Lowest Price Technically Acceptable (LPTA) to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Technical capability 2. Past experience 3. Past performance 4. Price Factor 1- Technical Capability (Acceptable/Unacceptable) a) A capabilities statement demonstrating the knowledge, skills and ability to complete the installation and provide routine maintenance to the generators. b) A work plan detailing the procedures to be employed, equipment and materials to be used, a safety plan to be used during the work and a schedule defining the duration of the work with milestones. Technical Capability will be graded as Acceptable or Not Acceptable. The Offeror must receive an "Acceptable" in all technical areas in order to receive an overall rating of "Acceptable" in Technical Capability. Technically Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation. Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation. Factor 2-Past Experience The Government will evaluate the quality and extent of offeror's experience deemed relevant to the requirements of this RFP. At least three years of demonstrable industry experience for all key personnel involved in servicing any/all VA equipment specifically listed on this proposal. Factor 3-Past Performance (Acceptable/Unacceptable/Neutral) All offerors must submit at least three (3) references from contracts with a similar scope of work. References shall include: 1. The organization name, point of contact, phone number and e-mail addresses, total award, and period of performance. 2. The information obtained will enable the Government to evaluate the offeror's past performance and the degree of satisfaction among the offeror's customers. Contractors are reminded that the Government may elect to consider data obtained from other sources. The Government may obtain past performance information from the Past Performance Information Retrieval System (PPIRS). Please note that the information submitted in PPIRS is based on previous government contracts. Past Performance shall be rated Acceptable or Non-acceptable. If there is no past performance, it is considered "unknown", which is rated as neutral. Past Experience Evaluation Ratings Rating Description Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. Non-acceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort. Neutral Unable to provide a score. Performance in this are not applicable to the effort assessed. Factor 4 - Price a) Complete Section B.3 Schedule of Fees/Costs and submit as a separate document. All pricing shall include: 1. Delivery, installation and testing of the generators. 2. All required preventive maintenance in accordance with OEM specifications. 3. Monthly rental charges. Source Selection using the Lowest Price Technically Acceptable (LPTA) process Evaluation will be determined based on lowest priced technically acceptable to the Government based on price, technical capability, past experience and past performance in accordance with FAR Subpart 13.106-1(a)(2). The Government reserves the right to make award without discussions. Preparation of Proposals: The VA will not pay any costs incurred in preparation and submission of proposals. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: 1. FAR 52.212-1, "Instructions to Offerors-Commercial Items" [October 2015] 2. FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items" [October 2015] 3. FAR 52.203-99, "PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015)." 4. FAR 52.204-16, "Commercial and Government Entity Code Reporting." 5. FAR 52.216-1, "Type of Contract". 6. VAAR 852.233-70, "PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)." 7. VAAR 852.270-1, "Representatives of Contracting Officers." Offerors must complete annual representations and certifications on-line at https://www.sam.gov in accordance with FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items." If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: " FAR 52.212-4, "Contract Terms and Conditions-Commercial Items" [May 2015] " FAR 52.212-5, "Contract Terms and Conditions Required to Implement Statutes or Executive Orders" [October 2015] The following subparagraphs of FAR 52.212-5 are applicable: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [X] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Employee Class Monetary Wage-Fringe Benefits [X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). The following FAR clauses pertain to this acquisition: C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, 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 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 contract 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 amou...