Inactive Total Small Business Set-Aside (FAR 19.5)

Action Code: Combined Synopsis/Solicitation Notice Class Code: 5610 Subject: Gravel Solicitation Number: 11315844 Posted Date: 4 April 2019 Set-Aside: Small Business Response Date: 25 April 2019 @ 2:0... Action Code: Combined Synopsis/Solicitation Notice Class Code: 5610 Subject: Gravel Solicitation Number: 11315844 Posted Date: 4 April 2019 Set-Aside: Small Business Response Date: 25 April 2019 @ 2:00 pm Pacific Time Contracting Office Address: United States Property and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047 Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is issued as a Request for Quote (RFQ). Quotes are due by 25 April 2019 @ 2:00 pm Pacific Time. This RFQ will result in a firm fixed price contract. The North American Industry Classification System (NAICS) code for this acquisition is 423320 Brick, Stone and Related Construction Material. The United States Property and Fiscal Office of the Oregon Army National Guard is soliciting quotes to procure the following supply or services: Delivery Location: 78798 Ordnance Rd, Hermiston, Oregon 97838 CLIN 0001: Maneuver Trail, 6,000 Cubic Yards $ _________ See Gravel Technical Specification below for specifications and delivery dates. CLIN 0002: Staging Area, 2,735 Cubic Yards $ ___________ See Gravel Technical Specification below for specifications and delivery dates. Requirements for your quote: Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with a total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. You may also fill out the PDF version on FBO of the solicitation and send in by the closing due date and time. The award will only be made to an offeror that is all-inclusive of the requirements for this solicitation. Point of Contact: Phillip Chik (503)584-3784 Offerors can submit their quote any time before the due date to: Phillip Chik at phillip.l.chik2.civ@mail.mil. Please verify receipt of your quote Evaluation Criteria: Award will be made to the lowest priced offeror that is determined responsible in accordance with FAR Part 9. Vendors must also provide documentation via drawings, pamphlets, technical specifications sheets with their quote to be reviewed by a government official to verify technical acceptance before an award can be made. Vendor not providing technical information meeting the specifications can be excluded from award. GRAVEL TECHNICAL SPECIFICATIONS MANEUVER TRAIL AND STAGING AREA GRAVEL SUPPLY AND DELIVERY 1.0 INTENT Gravel is to be emplaced by 1249 Engineer Battalion for Mission Essential Task training for the purposes of land and terrain improvement. Improvements are for future Camp Umatilla customer training opportunities and to reduce fire danger subsequent to vehicular maneuver and staging activity. The following specification pertains to the purchase of gravel for New Maneuver Trails and a Training Staging Area at Camp Umatilla, Oregon, 97838. 2.0 SCOPE Contractor shall supply and deliver 8,735 Cubic Yards (CY) (approximately 12,465 Tons) of 1-1/2" minus (ODOT grade) gravel to Camp Umatilla by 15 June 2019. Gravel is to be dumped onto areas specified locations in Paragraph 4.0 [CLIN 001, 6000 CY] and Paragraph 5.0 [CLIN 002, 2735 CY] of G Block at Camp Umatilla. No gravel spreading is required, though slow-travel range-area unload is permitted provided the unloading is in vicinity of G Block CLIN specified areas. Gradation documentation for type of gravel shall be submitted for technical acceptance prior to contract award. 3.0 [GRAVEL] Base Aggregate Specifications 3.1 In accordance with ODOT Grading "Oregon Standard Specifications for Construction" Section 00640 - Furnished dense-graded base aggregate of 1 1/2 " - 0: Use clean, hard, durable Aggregates, reasonably well-graded from the maximum size to dust. The material shall be uniform in quality and substantially free from wood, roots, bark, and other extraneous material. Acceptance will be visual by the Camp Umatilla, Oregon Army National Guard Engineer. 3.2 Reference of ODOT definition of road-grade gravel: Oregon Standard Specifications for Construction 2018 OREGON DEPARTMENT OF TRANSPORTATION 4040 FAIRVIEW INDUSTRIAL DRIVE SE SALEM, OREGON 97302-1142 Found at: https://www.oregon.gov/ODOT/Business/Documents/2018_STANDARD_SPECIFICATIONS.pdf 3.3 Anatomy of specified Aggregate based upon Para 3.2 "Reference" of [Section 00640 and Table 02630-1]: Table 02630-1 below, the gradation mix being requested will fall into the following mix ratio of aggregate: GRAVEL AGGREGATE SIZE RATIO TO FULL MIX 1 1/2 INCH 1-5% 3/4 INCH 25-45% 1/4 INCH 50-65% FINE (SAND) 40-60% 3.4 Excerpt from publication: Oregon Standard Specifications for Construction 2018 Table 02630-1 Grading Requirements for Dense-Graded Aggregate Separated Sizes Percent Passing (by Weight) 1. Report percent passing sieve when no grading requirements are listed. 2. Of the fraction passing the 1/4 inch sieve, 40 percent to 60 percent shall pass the No. 10 sieve. (b) Fracture Of Rounded Rock - Fracture of rounded Rock shall be determined according to AASHTO T 335. Provide at least one fractured face based on the following percentage of particles retained on the 1/4 inch sieve for the designated size: Minimum Percent of Fractured Particles (by Weight of Material) Designated Size Retained on 1/4 inch Sieve 1 1/2" - 0 and larger 50 Smaller than 1 1/2" - 0 70 4.0 CLIN 001 - Maneuver Trail Contractor shall supply and deliver 6,000 Cubic Yards (CY) (approximately 8,500 Tons) of 1-1/2" minus (ODOT grade) gravel to Camp Umatilla with delivery window of 20 May 2019 through 15 June 2019. Gravel is to be dumped within 50-300 yards vicinity of Bunker G-1513, in areas directed specifically by Oregon National Guard and in regard to ease of dump for truck driver in relation to areas of need. 5.0 CLIN 002 - Staging Area Contractor shall supply and deliver 2,735 Cubic Yards (CY) (approximately 3,965 Tons) of 1-1/2" minus (ODOT grade) gravel to Camp Umatilla with delivery window of 20 May 2019 through 15 June 2019. A range-area unload is permitted provided the unloading is 50 yards vicinity of Bunker G-1532, in areas directed specifically by Oregon National Guard and in regard to ease of dump for truck driver in relation to areas of need. 6.0 DELIVERY 6.1 Point of Contacts(s) Government employees will assist in identifying and granting access to each delivery area. The Contractor shall schedule the delivery to Camp Umatilla with the Project Point of Contact (POC) or their designee. 6.2 Gravel Truck arrival specifications: Gravel trucks shall arrive through the main gate security access. A scale ticket shall be submitted for each delivery to include tare weight of the empty truck, or truck and trailer combo, and weight of gravel. Gravel shall be supplied to Camp Umatilla during the delivery window of 20 May 2019 through 15 June 2019. Delivery is to be scheduled Monday through Friday, between 0730 and 1600 with the exceptions to federal holidays. Non-holiday weekend and evening delivery is optional with prior coordination. 6.3 Location of gravel dump - Gravel shall be delivered to: Camp Umatilla, 78798 Ordnance Rd, Hermiston, Oregon 97838. Gravel dump site is in G Block, approximately 4.5 miles by road NorthWest from the front gate of Camp Umatilla. 6.4 Security Requirements: All service providers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to base security in order to gain access before gaining access to the site. All personnel will be subjected to a Law Enforcement Data System (LEDS) Background check. All individuals with unfavorable background checks will be banned from the installation. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or maintain onsite for the duration of the requirement. Terms and Conditions: Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' quotes shall be valid for a minimum of 30 days to be acknowledged in the offerors' quote. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil. FAR 52.203-3 Gratuities FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements FAR 52.204-7, Systems for Award Management. FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.212-1 -- Instructions to Offerors -- Commercial Items. FAR 52.212-2 -- Evaluation -- Commercial Items FAR 52.212-3 ALT I, Offerors Representation and Certifications Commercial Item or complete electronic annual representations and certifications via the System for Award Management (SAM). FAR 52.219-6 Notice of Total Small Business Set-Aside FAR 52.219-8 Utilization of Small Business Concerns FAR 52.219-28 Post-Award Small Business Program Rerepresentation FAR 52.222-3 Convict Labor FAR 52.222-19 Child Labor- Cooperation with Authorities and Remedies FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-37 Employment Reports on Veterans FAR 52.222-50 Combating Trafficking in Persons FAR 52.223-5 Pollution Prevention and Right to Know Information FAR 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving FAR 52.225-1, Buy American - Supplies. FAR 52.225-13, Restrictions on Certain Foreign Purchases. FAR 52.228-5 Insurance - Work on a Government Installation FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors FAR 52.233-3 Protest After Award FAR 52.233-4 Applicable Law for Breach of Contract Claim DFARS 252.203-7000 Requirements Relating to compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7011 Alternative Line Item Structure DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors. DFARS 252.211-7003, Item Identification and Valuation. DFARS 252.213-7000 Notice to Prospective suppliers on the Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations. DFARS 252.215-7007 Notice of Intent to Resolicit DFARS 252.215-7008 Only One Offer DFARS 252.222-7007 Representation Regarding Combating Trafficking in Persons DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252-225.7001, BAA - Balance of Payments Program DFARS 252.225-7002, Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7031 Secondary Arab Boycott of Israel DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003, Electronic Submission of Payment Requests. DFARS 252.232-7010 Levies on Contract Payments DFARS 252.243-7002 Requests for Equitable Adjustment DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.246-7000, Material Inspection And Receiving Report DFARS 252.247-7023, Transportation of Supplies by Sea, Alternate III. DFARS 252.215-7008, Only One Offer. CLAUSES INCORPORATED BY FULL TEXT 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers: (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) 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 Government wide 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'', as amended (41 U.S.C. 601-613). 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 or 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 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 the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contract...