36C25225Q0665.docx

SUBJECT*

Unclaimed Veterans Remains

GENERAL INFORMATION

SET-ASIDE

36C252 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

POINT OF CONTACT*

Contracting Officer Jennifer Mead Jennifer.Mead@va.gov

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-3.

This solicitation is unrestricted.

The associated North American Industrial Classification System (NAICS) code for this procurement is 812210 – Funeral Homes and Funeral Services

The FSC/PSC is G001 – Social Care of Remains and / or Funeral

The Great Lakes Acquisition Center, on behalf of the William S. Middleton Memorial VA Hospital, Madison, Wisconsin requires mortuary services for deceased unclaimed or indigent Veterans inpatient under VA or VA authorized care.

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

OFFERORS MUST COMPLETE AND RETURN ALL THE INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

AMENDMENT NO DATE

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

CONTRACTOR NAME

ADDRESS

CITY-STATE-ZIP

POINT OF CONTACT/TITLE

FAX NUMBER

E-MAIL ADDRESS

SAM UEI NO.

CAGE CODE

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

b. GOVERNMENT: JENNIFER MEAD – CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

MILWAUKEE WI 53214

2. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures. FAR Part 15 will not be used. The procedures in Part 12 used in conjunction with Part 13 allow the Government to procure services resembling those in the commercial marketplace and streamline the procurement process. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (Note: The terms “offeror” and “quoter” are both used in this Solicitation. For the purposes of this Solicitation, these terms are interchangeable; there is no difference in meaning between the two.)

3. SET-ASIDE (If any): See box 10 of STANDARD FORM 1449

4. SOLICITATION TIMELINE SUMMARY:

A. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer Jennifer.Mead@va.gov no later than MONDAY AUGUST 18, 2025 AT 10:00 A.M. CST. Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties

B. SOLICITATION CLOSES/QUOTES DUE:

See box 8 of STANDARD FORM 1449 or the most recent Amendment.

C. SUBMISSION OF QUOTE:

See 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services and addendum for specific instructions to offerors.

5. CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

6. INVOICES:

a. All payments by the Government to the contractor will be made in accordance with: FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

b. Invoices shall be submitted monthly in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

c. Payments shall be made in arrears upon receipt of a properly prepared invoice

d. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

e. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-489-6135 for Enrollment.

f. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

g. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

h. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ to begin submitting electronic invoices, free of charge.

i. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

j. For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

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

* FSC e-Invoice Contact Information: 1-877-353-9791

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

7. FACILITY REQUIREMENTS: In addition to any other requirements set forth in this Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with the following facility requirements. Failure to comply with these requirements shall be considered a material breach of this Contract and may be a violation of Federal law resulting in charges answerable in the United States District Court.

a. Contractor is responsible to follow all on site facility policies

b. All VA property is considered Federal property and all Federal laws are applicable.

c. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

d. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

e. All contractor personnel are required to adhere to all VA rules and regulations.

f. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

g. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

h. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

8. SECURITY & PRIVACY CONTROL:

The Authorization & Accreditation (A&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No A&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.

B.9 Schedule / Price Mortuary Services for Unclaimed Remains for William S. Middleton Memorial VA Hospital

The Contractor shall provide the facilities, professional services, management, labor, tools, supplies, equipment, storage, and transportation necessary to provide funeral (mortuary) services to support handling of unclaimed or indigent remains of deceased Veterans inpatient at Veterans Affairs (VA) Medical Center (VAMC) or under VA-authorized care facility. The offeror shall comply with the Department of Veterans Affairs (VA) requirements and specifications and federal, state, and local health laws, statutes and regulations in the performing the following tasks as identified herein.

The Period of Performance (POP) is Base Year plus four (4) option years.

Base Year: September 1, 2025 to August 31, 2026 Option Year 1 – September 1, 2026 to August 31, 2027 Option Year 2 – September 1, 2027 to August 31, 2028 Option Year 3 – September 1, 2028 to August 31, 2029 Option Year 4 – September 1, 2029 to August 31, 2030

The Offeror shall provide its best price for the following CLIN (Contract Line-Item Numbers) as indicated below. The quantity is only an estimate based on historical data. Workload increases or decreases are possible during the life of the contract.

Footnotes for all years:

** Usual and customary charges may vary by geographical location.

Base Period: September 1, 2025 to August 31, 2026

Total Cost

Option Year One: September 1, 2026 to Augut 31, 2027

Tasks include storing, loading, and transporting casketed or cremated remains from VA or VA authorized facility to Funeral Home and from Funeral Home to the National or VA grant-funded State Veterans Cemetery.

Option Year Two: September 1, 2027 to August 31, 2028

Option Year Three: September 1, 2028 to August 31, 2029

Tasks include storing, loading, and transporting casketed or cremated remains from VA or VA authorized care facility to Funeral Home and from Funeral Home to the National or VA grant-funded State Veterans Cemetery.

Option Year Four: September 1, 2029 to August 31, 2030

B.10 Statement of Work

Mortuary Services for Unclaimed Remains for William S. Middleton Memorial VA Hospital

1.0 General Information. The William S. Middleton Memorial VA Hospital requires mortuary services for deceased unclaimed or indigent Veterans inpatient under VA or VA authorized care. The Contractor shall provide the facilities, professional funeral services, resources, storage, and transportation necessary to support the handling of unclaimed or indigent remains of deceased Veterans from the William S. Middleton Memorial VA Hospital or a VA authorized care facility and to deliver the deceased to the closest available National or VA grant-funded State Veterans Cemetery. The offeror shall comply with the Department of Veterans Affairs (VA) requirements and specifications and federal, state, and local health laws, statutes and regulations in the performing the following tasks as identified in this Statement of Work (SOW). The William S. Middleton Memorial VA Hospital is located at 2500 Overlook Terrace, Madison WI 53705.

1.1 Period of Performance: Base Year plus four (4) option years. Base Year shall begin on September 1, 2025 to August 31, 2026.

1.2 The Contractor shall not discriminate in the handling of remains due to race, creed, sex, or national origin of the deceased.

2.0 Description of the Work to be Performed.

2.1 The Contractor shall be responsible for providing professional services of the highest quality to assure viewing of the remains under optimal conditions.

2.2 The Contractor shall practice hygienic measures that will assure complete and satisfactory disinfection and sanitation of the funeral establishment.

2.3 The Contractor shall have a sufficient number of State licensed embalmers to process (embalm) or reprocess any remains on a timely basis. Interns or apprentices may be used to assist the licensed embalmer in accordance with (IAW) with applicable state regulations.

2.4 Transport Vehicles, supplies, equipment and technical procedures shall conform to standards and professional techniques acceptable to the WISCONSIN Funeral Service Industry and the National or VA grant-funded State Veterans Cemetery.

2.5 The Contractor or Sub-Contractor shall be within a 60-mile radius from the VA Medical Center.

2.6 Contractor’s Facility shall meet Federal, State, Local and National Environment Policy Act (NEPA) Fire and Life Safety Codes. The Contractor’s facility shall comply with current VA standards for handicapped accessibility. Any change of the Contractor’s facility location during the contract term shall be approved in advance by the Contracting Officer (CO).

3.0 VAMC Responsibilities.

3.1 In accordance with the Veteran’s expressed funeral arrangement preferences, VAMC will advise the Contractor of the Veteran’s preference for cremation or burial.

3.2 The VAMC Facility Director or designated representative (DR) is responsible for inspecting the unclaimed remains prior to release in accordance with Veterans Health Administration (VHA) Directive 1601B.04. (See Attachment A)

3.3 The CO will delegate a Contracting Officer Representative (COR) to be responsible for the inspection of the mortuary services and the merchandise furnished for unclaimed remains under separate contractual agreements.

3.4 Notification to pick-up unclaimed remains. The VAMC COR or designated representative will notify the Contractor of unclaimed remains. The Contractor shall respond for removal of unclaimed Veteran’s remains within one (1) business day. The Contractor shall complete the burial process within 14 days of notification by VAMC.

3.5 Inspection of the body. Whether the body is cremated or to be buried, the casket or urn and remains may be inspected upon request by the COR or designated representative prior to transporting to final destination.

4.0 Scope of Work – General Tasks by the Contractor.

4.1 Cremation (Inurnment) Services. When requested by the COR or designated representative (DR), this service shall include making the necessary arrangements with the crematorium and furnishing a suitable urn for the cremated remains.

4.1.1 Suitable Urn shall be durable and sealed, not leaking. Material, such as, plastic, metal, wood, ceramic/stone, or other durable materials are acceptable.

4.2 Preparation of Remains (Body) Services for Interment. The COR or DR will advise the Contractor of the Veteran’s preference for cremation or body burial.

4.2.1 Remains shall be prepared, dressed, and cosmetically beautified as prescribed in the specifications. Tasks include preparation for cremation or interment services; Pre-embalming services; Preparation of the remains: Processing remains; and other body preparation, such as, dressing, make-up, casketing, hair care, post-autopsy care, refrigeration, reconstruction, and restorative artwork. This includes all fees and costs related to supplies and materials such as Urns and Caskets.

4.2.2 Each remain, viewable or non-viewable, shall be embalmed that provides the optimum result.

4.3 Pre-embalming Services.

4.3.1 Remains shall be bathed unless when it is impossible due to the condition of the remains. The body hair shall be washed and groomed. For example: Fingernails shall be cleaned and trimmed; the mouth shall be securely closed to form a natural expression and ensure eyelids are prepared to prevent wrinkling and a sunken appearance of the eyes. The use of cosmetics shall be applied only to produce natural color and texture.

4.3.2 Any lacerations, abrasions, incisions, excisions and burn wounds shall be sutured and/or sealed to prevent leakage. Swollen or distorted features shall be reduced to the normal contours enjoyed during life. Postmortem stains shall be chemically bleached by applying packs and/or needle injection. On viewable areas, further treatment shall consist of the use of masking cosmetics to render stains non-detectable.

4.3.3 Body orifices shall be treated with a disinfectant, non-astringent chemical (generic categories such as Phenyl phenols and Iodophors) and packed with cotton. Bedsores, ulcerated, burned, and necrotic tissue shall be treated either by hypodermic injection, or pack application of deodorizing or preserving chemical.

4.3.4 Maggots and other insect larvae shall be destroyed and their breeding sites in or on the remains thoroughly treated with an insecticide chemical.

4.3.5 The Contractor shall ensure that the body and/or cremated remains are effectively disinfected, uniformly preserved, and offensive odors eliminated before the remains are casketed.

4.4 Preparation of Remains – (Body is intact).

4.4.1 Each remain, viewable and non-viewable, requires variation in the embalming treatment to accomplish the optimum results. A recommended procedure to achieve these goals is the injection of the solution at a moderate rate. The addition of a humectant to the solutions is also helpful in reducing over-dehydration effects.

4.5 Processing Non-viewable Remains.

4.5.1 For all remains, multi-site injection and drainage technique shall be attempted.

4.5.2 For autopsied cases, incisions shall be tightly sutured and treated to prevent leakage.

4.5.3 Restorative work such as derma surgery, if required, shall be used to present a normal lifelike appearance.

4.5.4 Body areas shall be treated by means of a trocar, using undiluted cavity chemicals having a 30 index (%) or greater. In addition, packs, special gels and or dry sanitizers shall be used to assure preservation, prevent leakage, and eliminate all offensive odors (if required.)

4.5.5 Cranial, thoracic, and abdominal cavities, when present, shall be relieved of gasses and distention. The cavities shall then be treated by injecting a minimum of 32 ounces of a concentrated cavity chemical, having a 30-index (%) or greater.

4.5.6 When material injection and/or cavity treatment is impossible, all matriculated and disarticulated anatomical portions shall be thoroughly disinfected and preserved via accessory chemical embalming techniques.

4.5.7 Non-injectable intact remains and/or disarticulated anatomical portions shall be immersed or hypo-injected with trocar and/or syringe and needle, using full strength cavity chemicals 30-index (%) or greater. Surface application of liquid, gel, or dry sanitizers and preservatives is also required to supplement primary needle and/or hypo injection techniques.

4.6 Processing Viewable Remains.

4.6.1 A thorough pre-embalming case analysis shall be made in order to determine the best embalming techniques to be used to obtain optimum results.

4.6.2 The technique of arterial injection and venous drainage is of utmost importance as well as the need for adding humectant (moisture retention chemicals) to the arterial solution injected.

4.6.3 The mineral chemical injection solution shall contain a 2% to 3% concentration, by volume, of aldehyde or aldehyde derivative preservative agent(s), with equal parts of a humectant chemical also being added to the injection solution.

4.6.4 The thoracic, abdominal, and pelvic cavities shall be thoroughly aspirated and injected with full-strength cavity chemicals having a 30 index (%) or greater, using a minimum of 16 ounces for each cavity.

4.6.5 Needle injections, packs, or other special treatments shall be accomplished, as required, to assure the preservation and disinfection of all body tissues, including those associated with body cavities (organs).

4.6.6 A lanolin-based (or comparable) massage cream shall be applied on the face and hands.

4.6.7 For autopsied remains. Incisions shall be tightly sutured and treated to prevent leakage.

4.6.8 Autopsied Remains. If a partial or complete autopsy is performed, a 6-point injection with multisite drainage shall be accomplished, using arterial chemical solutions as specified for processing viewable remains.

4.7 Other Preparations of the Body Remains.

4.7.1 The following services shall be provided includes dressing, make-up, casketing, hair care, post-autopsy care, refrigeration and reconstruction/restorative arts.

4.7.2 Treatment of Scalp. If the scalp was shaved because of medical treatment or surgery, processing or reprocessing shall be accomplished as specified for viewable remains, after which the cranium shall be wrapped with gauze or equivalent in a neat and professional manner.

4.7.3 Mutilated Hands. If the hands are mutilated and restoration is not possible, the hands shall be treated in a manner, which shall render the tissue firm, dry, and thoroughly preserved. The hands shall be covered by either wrapping with gauze or equivalent in a neat and professional manner, or by placing surgical gloves on the hands.

4.7.4 Dressing Remains. The VA or the deceased veteran’s family (indigent burials) will provide the appropriate clothing, to be used in the burial. Appropriate under garments shall be provided by the VA.

4.7.5 COR or Designated Representative will advise on any known religious preferences for the proper dressing and handling of the body.

4.8 Casket. Remains shall be placed in the casket or urn in a manner that will create an appearance of rest and composure and ensure maintenance of position during transit.

4.8.1 Casket Type and Material. At a minimum, the casket should be standard size (generally 82 X 28 inches or larger), constructed of 20 gauge or thicker metal with fixed rails or swing arm handles, and not leaking. Cardboard, or pressed paper, or similar materials are not acceptable.

4.8.2 The casket shall be of sufficient size and strength to prevent the appearance of crowding or and cramping and support the weight of the decedent’s remains.

4.9 United States (US) Flag. The US flag will be furnished by the VA to be draped over the casket at the time of funeral service.

5.0 Transport and Storage of the Deceased Veteran.

5.1 Transport Vehicles. The Contractor shall have the necessary vehicles to transport the body from the VAMC or place of VA contracted care facility to the funeral home and then from funeral home to the National or VA grant-funded State Veterans Cemetery for interment or inurnment.

5.1.1 Loading the Casketed or the Cremated Remains. The remains shall be carefully and professionally placed in the type of vehicle normally used in for funeral services.

5.2 Transportation of Remains. The Contractor shall coordinate and transport the body or unclaimed remains in a funeral coach, ambulance, and hearse or service car to the Contractor’s facility; and when ready for burial, the Contractor shall transport it to the National or VA grant-funded State Veterans Cemetery for burial.

5.3 Storage of Deceased Veteran. The Contractor shall have adequate storage space to hold and store (refrigeration) the remains until burial arrangements are confirmed.

5.4 Place of Burial or Columbarium.

5.4.1 Mortuary services ordered by the VA will specify the interment to a National or VA grant-funded State Cemetery. The burial plot, the marker and services for opening and closing the grave, and placing the marker, will be furnished by the VA. Contractor to make at least one documented attempt to schedule a burial to the closest National or VA grant-funded State Cemetery.

6.0 Permits/Licenses to operate. The Contractor shall possess the current transit permit at the time of award of Contract. Permits covering burial, cremation or removal of the body, if required, are to be secured and paid for by the Contractor.

6.1 In accordance with the WISCONSIN Board of Funeral Directors and Embalmers, the Contractor shall provide proof of license for the establishment and funeral home director(s), prior to commencing any work under this contract.

6.2 The Contractor’s employees shall have the appropriate and current license(s) prior to commencing work under this contract. Copies of registrations and licenses shall be furnished upon COR’s request. The Contractor shall be responsible for maintaining Workers Compensation and Professional Liability Insurance, as well as remaining current on Federal, State and Medicare payments.

7.0 Quality Assurance Surveillance Plans (QASP).

7.1 The QASP will be used by the Government to monitor and evaluate the Contractor’s performance using mostly customer feedback and surveillance. The Government will use random, scheduled and unscheduled inspections of the various reports transcribed to determine the validity of the customers’ complaints. Performance will be recorded by the COR or designated representative and when an observation indicates defective performance, the COR will request the Contractor or designated representative to initial the observation.

7.2 The COR and/or DR will conduct on-site inspections of the facilities to ensure services are performed according to the terms and conditions of the contract.

8.0 Contractor’s Quality Control Program (QCP).

8.1 The Contractor shall implement and maintain a complete quality control (QC) program so that all requirements are provided for as specified in all sections of this contract. The Contractor’s QCP shall include but not be limited to the following:

8.1.1 A statement describing how the Contractor will meet the basic requirements of this contract (including staffing levels, time of response) shall be provided to the Contracting Officer’s Representative (COR) fifteen (15) days after effective date of contract award and whenever there are major turnover of personnel. A major turn-over is two or more employees.

8.1.2 A method for identifying deficiencies in the quality of services performed before the performance deficiency becomes unacceptable. The QCP shall contain processes for corrective actions without dependence upon Government direction and shall maintain records of all Contractor QC inspections and corrective actions.

8.1.3 A method of recording or logging the activities of the Contractor, which would demonstrate the Contractor's ability to maintain the minimum requirements of this contract.

8.2 The COR or designated representative will monitor the Contractor's performance using the Contractor’s QCP and the Government’s QASP.

8.3 The Contractor shall provide semi-annual quality control or assurance report to the COR. The report shall include the results of the reviews, identification of problems and a correction plan.

8.4 The Contractor will provide Veteran’s last name, date transported and details to include name and address for final resting place within invoice.

9.0 Miscellaneous Items.

9.1 Coordination with the National or VA grant-funded Veterans State Cemetery and the COR shall occur frequently to ensure the deceased Veteran is buried properly and timely. The Contractor shall keep the COR or DR informed as to the timeline of events.

9.2 COR responsibilities. The COR or DR will coordinate with the Contractor to ensure the proper documents and items are provided such as the DD 214 and/or other documents to verify Veteran’s Eligibility to be buried at the National or VA grant-funded Veterans State Cemetery.

10.0 Hours of Operation. The VA will conduct business with the Contractor during its normal operational hours (i.e. Monday through Friday, 8:00 a.m. to 4:30 p.m.), excluding Federal Holidays.

11.0 Security Requirements.

11.1 The Contractor shall sign and follow confidentiality statements as required.

12.0 VA Sensitive Information.

12.1 The Contractor is expected to perform functions that will require access to VA sensitive information. In the course of providing services, it will be necessary for the Contractor to, view and receive protected health information (PHI), and personnel identifiable information (PII).

12.2 Contracts, in which VA sensitive information are accessed by a Contractor require the following requirements per 38 U.S.C 5723 and 5725.

12.2.1 A prohibition on unauthorized disclosure: “Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA.” See VA Handbook 65006, Appendix C, paragraph 3.a.

12.2.2 A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor /subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO (Information Security Officer), and Privacy Officer for the contract. The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph G.a. (Attachment B)

12.2.3 A requirement to pay liquidated damages in the event of a data: “In the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals.” See VA Handbook 6500.6, Appendix C, paragraphs 7.a. and 7.d. (Attachment B)

12.2.4 A requirement for annual security/privacy awareness training: before being granted access to VA information, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either (i) the VA security/privacy awareness training (contains VA’s security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA’s security)privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA’s requirements, they will provide the COR or DR, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA’s contract have received their annual security/privacy training that meets VA’S requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9. (Attachment B)

12.2.5 A requirement to sign VA’s Rules of Behavior: before being granted access to VA information, all contractor employees and subcontractor employees requiring such access shall sign on an annual basis an acknowledgment that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract. Refer to VA Handbook 6500.6, paragraph 5, Appendix D (Attachment C) but note:

If the vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Rules of Behavior when accessing VA’s information.

13.0 Commonly Used Acronyms.

13.1 CO – Contracting Officer

13.2 COR – Contracting Officer Representative

13.3 VAMC – Veterans Affairs Medical Center

13.4 SOW – Statement of Work

13.5 DR – Designated Representative (usually representing the COR)

13.6 Tungsten Network – 3rd party global provider of electronic invoicing for the VA

13.7 DFAS Austin –Defense Finance and Accounting System in Austin, Texas

13.8 FSC – Financial Service Center (VA)

14.0 References

14.1 VHA Directive 1601B.04, Decedent Affairs dated 12/01/2017

14.2 Title 38 United States Code (U.S.C.) 101

14.3 Title 38 U.S.C. 2301 et seq.

14.4 Title 38 CFR 17.170

14.5 Public Law No: 117-328, Division J Title II section 213 of the Consolidated Appropriations Act, 2023

14.6 Locations of VA National and VA grant-funded State Veterans Cemeteries. Find a Cemetery - National Cemetery Administration (va.gov)

15.0 Funeral Home Facilities Inspection Checklist (See Attachment E)

Combined Synopsis-Solicitation for Commercial Products and Commercial Services

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline 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 Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be…