36C26119Q1167-001.docx

36C26119Q1167

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26119Q1167 08-26-2019 Vann Petway x15753 702 791-9000 x15753 08-30-2019

1600 PST

00261 Department of Veterans Affairs Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas

NV

89086 X X 812210 $7.5 Million N/A X See Statement of Work

00261 Department of Veterans Affairs Network Contracting Office 21 Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas

NV

89086

Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Funeral Services - Reno See CONTINUATION Page X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261

Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center P.O. Box 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

STATEMENT OF WORK

Mortuary Services

Background/Objectives

UNCLAIMED REMAINS

a. If Veteran dies from non-service-connected causes at a VA facility under authorized admission or at a non-VA facility under authorized admission at VA expense, and the Veteran’s remains are unclaimed, the facility Director will request funeral and burial services to be procured through a contract. The cost of the funeral and burial services may not exceed $700.00, as increased from time to time by VA under 38 U.S.C. 2303(c).

If a Veteran is eligible for burial in a national cemetery under 38 U.S.C. 2402, but is buried instead in a cemetery owned by a state or by an agency or political subdivision of a state, VA may pay an amount up to $700, as increased from time to time by VA under 38 U.S.C. 2303(c), for the cost of the plot. If a Veteran is eligible for burial in a national cemetery under 38 U.S.C. 2402, but is buried instead in a private cemetery, VA may pay an amount up to $700, as increased from time to time by VA under 38 U.S.C. 2303(c), for the cost of the plot, except that, if a state, an agency or political subdivision of a state, or a former employer of the Veteran pays or assumes any part of the plot or interment costs of such a burial, VA may pay only the amount of the plot cost exceeding the total of such paid or assumed amounts

b. If the Veteran dies in a state, VA will pay for the actual cost of transporting the body to the place of burial in a state, as provided in 38 U.S.C. 2303(a)(1)(B) and 38 CFR 3.1605(b). The cost of transporting the remains is in addition to the burial services allowance and the plot allowance. The transportation allowance covers:

(1) The transportation cost of the shipment of the body by common carrier or by hearse from the place of death to the funeral home and to the place of burial;

(2) Any charges for an outside shipping box; and

(3) The charges for securing all necessary permits for removal or shipment of the body.

Scope/Tasks The contractor will provide burial services which includes the following:

· Preparation of the body

· Embalming or cremation

· Provide clothing

· Casket (The casket, at a minimum, must be constructed from thick, strong particle board and must be of sufficient strength to support the weight of an adult human body. Cardboard or pressed paper or similar materials are not acceptable.);

· Securing all necessary permits; and

· Ensuring that a U.S. flag accompanies the casket to the place of burial.

The contractor is responsible for all transportation costs for the shipment of the body/cremation remains by common carrier or by hearse from VA Sierra Nevada Healthcare System to the funeral home and to the place of burial. The contractor is responsible for any charges to secure all necessary permits for removal or shipment of the body.

In accordance with Veterans expressed funeral arrangement preferences, VA Sierra Nevada Healthcare System (VASNHCS) will advise contractor of veteran’s preference for cremation or burial. If no preferences have been identified by the veteran, the facility will request direct burial services from the contractor.

Chief of Business Service or responsible program official from VASNHCS is responsible for inspecting the unclaimed remains prior to release in accordance with VHA.PG.1601B.04.5.6.b.

1) the mortuary services performed, and

2) the merchandise furnished for unclaimed remains under separate contractual agreements.

This responsibility includes the authority to certify that the services and merchandise have been furnished and ensure that:

1) the casket is at a minimum, constructed from thick, strong particle board, and of sufficient strength to support the weight of an adult human body (cardboard or pressed paper or similar materials are not acceptable)

2) the body is properly embalmed, and properly placed in the casket dressed in appropriate clothing, and

3) the funeral director is informed that the U.S. flag, which VA furnishes, is to drape the casket at the time of the funeral service.

Note: If a questionable case arises, the Chief Business Service, responsible program official, or designee may request and receive assistance from designated members of the medical staff or VA contracting officer using approved local procedures.

After inspecting the services and merchandise as described in VHA.PG.1601.B.04.5.7.e, VASNHCS responsible program official, or designee uses VA Form 10-2068a, Inspection of Services and Merchandise Furnished for Contract Burial to:

1) document the acceptability of the services and merchandise, and

2) certify that services and merchandise have been inspected.

If any of the services or merchandise is unacceptable, the contract funeral director must be requested to correct the situation, after which the VASNHCS, responsible program official, or designee performs another inspection and completes another VA Form 10-2068a.

Note: The completed VA Form 10-2068a is filed in the administrative portion of the patient's CHR or in the administrative section in CPRS.

VASNHCS arranges for burial in the nearest grant funded veteran’s cemetery in the state of Nevada with available grave space for unclaimed remains of Veterans who die at VASNHCS.

DESCRIPTION OF SERVICES

Mortuary Services

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

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

· The contractor shall provide high quality service and a sufficient number of licensed embalmers to process (embalm) or reprocess any remains under this

· contract on a timely basis. Interns (apprentices) may be used to assist the licensed embalmer in accordance with applicable state regulations.

· All supplies and technical procedures shall conform to standards and professional techniques acceptable to the Funeral Service Industry.

· Embalmers shall utilize all optimal techniques available to assure complete and adequate treatment of remains.

Treatment of Remains

· At all times, the remains must be free of putrefaction and infectious agents. This requires the thorough disinfection and uniform preservation of all body tissues. Employment of continuous injection and intermittent drainage will enhance chemical distribution and penetration. Use of humectant (moisture retention chemicals) in the arterial injection solution will help to achieve greater tissue penetration, and to restore normal body moisture content.

Pre-embalming Procedures

· The following basic steps shall be accomplished in the course of processing or reprocessing all viewable remains, and to the extent possible, non-viewable remains.

· When possible, remains shall be bathed. Male facial and scalp hair shall be washed and groomed (suitable hair preparation shall be accomplished on females). Fingernails shall be cleaned and trimmed. The mouth shall be securely closed to form a natural expression and proper attention given to the eyes to prevent wrinkling of the eyelids and a sunken appearance of the eyes. Cosmetics shall be applied only in the amount necessary to produce natural color and texture.

· All 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.

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

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

· The contractor's performance shall be such that all remains are effectively disinfected, uniformly preserved, and all offensive odors eliminated before the remains are casketed.

Preparation of Remains

Each remains, 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.

Processing Non-Viewable Remains

· In all instances multisite injection and drainage technique shall be attempted.

· In the case of autopsied cases, all incisions shall be tightly sutured and treated to prevent leakage.

· Derma surgery; and such restorative work may be necessary to present a normal life like appearance.

· All body areas shall be further 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, as required, to assure preservation, prevent leakage, and eliminate all offensive odors.

· 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.

· 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.

· 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.

Processing Viewable Remains

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

· 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.

· 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.

· 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.

· 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).

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

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. All incisions shall be tightly sutured and treated to prevent leakage.

Treatment of Scalp (Viewable Remains)

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.

Mutilated Hands on Viewable Remains

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

Placement in Casket

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

Material

· The casket, at a minimum, should be constructed from thick, strong particle board and be sufficient strength to support the weight of an adult human body. Cardboard or pressed paper or similar materials are not acceptable.

· The pillow shall be turned over and a clean piece of cloth placed over the face.

· The casket shall be of sufficient size to prevent the appearance of crowding and cramping the remains.

Dressing Remains

Unless it is determined by the VA, and so indicated at the time the funeral arrangements are made, that the deceased will be buried in personally owned clothing or clothing furnished by the VA, the funeral director will furnish appropriate underclothing and hose.

Transport and Storage of Deceased Veteran VASNHCS will notify the contractor of unclaimed remains. The contractor will respond for removal of unclaimed veteran’s remains to VASNHCS within 48 hours excluding weekends and holidays. The contractor will complete the burial process within 10 days of notification by VASNHCS.

Loading Remains

The remains shall be carefully and professionally placed in the type of vehicle authorized by the VA.

Transportation of Remains

Transportation of body in a hearse or service car from the place ordered to the place where embalming is to be performed, and subsequent transportation to the location where services are to be held, will be furnished by the funeral director. If interment or cremation is to be other than at the State Veteran Cemetery in Fernley, Nevada, additional expenses may be allowed for transportation.

Removal/Delivery

Transport remains in a suitable funeral coach, ambulance, or service car to place where processing or reprocessing is performed. Transportation shall include calling the place where death occurs or remains are located when such place is on the installation, or any place designated by the contracting officer or designate.

Cremation

In the event cremation services are ordered by the VA, this service will include making all necessary arrangements with the crematorium and furnishing a suitable container for the cremated remains.

Quarterly inspection

A Quality Assurance representative of the VA will conduct inspections of the funeral home following the QASP.

Requirements

· The foregoing requirements cover, in general, the type and character of service required. However, it is recognized that different conditions require different treatments and nothing in the listed specifications shall be construed as restricting the funeral director in such a manner as to prevent the exercise by him/her of his/her best judgment as to the procedure in the particular case.

· The contractor is expected to perform the work in such a manner as to insure services of the highest type, and thus eliminate any possibility of warranted criticism of the VA.

· In agreeing to perform mortuary services as required by the VA, the funeral director agrees that there will be no discrimination in types of cases handled because of race, creed, or national origin of the deceased.

· Remains shall be prepared, dressed, and comedized as prescribed in the specifications.

Place of Burial

· Mortuary services ordered by the VA will specify the burial location.

· In the event the interment is to be made at other than the Veterans Cemetery in Fernley, Nevada, this fact will be discussed at the time mortuary services are ordered, and mutually satisfactory arrangements will be made in regard to the services requested.

· The contractor will notify the Contracting Officer's Representative (COR), Program Manager, or Alternate Program Manager of anticipated burial arrangement.

Permits

· Contractor will provide the necessary transit permit. Permits covering burial, cremation or removal of the body, if required, are to be secured and paid for by the funeral director performing the mortuary service.

· The contractor shall provide proof of license for the establishment, embalmer, and funeral home director(s), prior to commencing any work under this contract.

Place of Performance

· The unclaimed remains will be removed from VA Sierra Nevada Health Care System; Mail Stop 136 975 Kirman Ave; Reno, NV 89502

· The contractor will perform all required funeral arrangements at their place of business.

Period of Performance

Base Year: 9/15/2019 – 9/14/2020 Option 1: 9/15/2020 – 9/14/2021 Option 2: 9/15/2021 – 9/14/2022 Option 3: 9/15/2022 – 9/14/2023 Option 4: 9/15/2023 – 9/14/2024

Security Considerations

· Contractor staff shall sign and follow confidentiality statements as required.

· The Computer and Access requirements do not apply, and that a Security Accreditation Package is not required

SECURITY REQUIREMENTS:

A. Service 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 service contractor to, view and receive protected health information (PHI), and personnel identifiable information (PII).

B. Contracts, in which VA sensitive information are accessed by a VA contractor/subcontractor require the following requirements per 38 U.S.C. § 5723 and 5725:

0. 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.

0. 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, 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 Ga.

0. 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, paragraph 7.a., 7,d.

0. 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 CC, 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.

0. 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.” See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D, 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 Contractor Rules of Behavior when accessing VA’s information.

Performance Measures

Reference Performance Requirement

Method

Key Personnel

Maintains licensing, registration, and certifications

Mandatory Training

Privacy, Confidentiality and HIPAA

Depending on severity of offense, suspension or termination of all physical and/or electronic access privileges and removal from contract until such time as the training is complete.

Timely Invoicing

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

QUANTITY

Transport from VA to Funeral Home and from Funeral Home to the National Cemetery

Contract Period: Base POP Begin: 09-15-2019 POP End: 09-14-2020

Body Preparation: Tasks include Body Prep; Pre-embalming services, dressing, make-up, casketing, hair care, post-autopsy care, refrigeration, reconstruction, and restorative artwork. Include casket cost.

Cremation services plus Urn

Transport from VA to Funeral Home and from Funeral Home to the National Cemetery

Contract Period: Option 1 POP Begin: 09-15-2020 POP End: 09-14-2021

Body Preparation: Tasks include Body Prep; Pre-embalming services, dressing, make-up, casketing, hair care, post-autopsy care, refrigeration, reconstruction, and restorative artwork. Include casket cost.

Cremation services plus Urn

Transport from VA to Funeral Home and from Funeral Home to the National Cemetery

Contract Period: Option 2 POP Begin: 09-15-2021 POP End: 09-14-2022

Body Preparation: Tasks include Body Prep; Pre-embalming services, dressing, make-up, casketing, hair care, post-autopsy care, refrigeration, reconstruction, and restorative artwork. Include casket cost.

Cremation services plus Urn

Transport from VA to Funeral Home and from Funeral Home to the National Cemetery

Contract Period: Option 3 POP Begin: 09-15-2022 POP End: 09-14-2023

Body Preparation: Tasks include Body Prep; Pre-embalming services, dressing, make-up, casketing, hair care, post-autopsy care, refrigeration, reconstruction, and restorative artwork. Include casket cost.

Cremation services plus Urn

Transport from VA to Funeral Home and from Funeral Home to the National Cemetery

Contract Period: Option 4 POP Begin: 09-15-2023 POP End: 09-14-2024

Body Preparation: Tasks include Body Prep; Pre-embalming services, dressing, make-up, casketing, hair care, post-autopsy care, refrigeration, reconstruction, and restorative artwork. Include casket cost.

Cremation services plus Urn

IMPORTANT NOTE: This requirement includes estimated quantities, because the VA cannot predict exactly how many mortuary services will be required in a given period of time. The only person authorized to exceed the quantity shown is a Contracting Officer. The COR, nor any other VA staff, have the authority to require service above the estimated quantity. If it appears that the VA will exceed the quantities provided, then the contractor will be responsible for contacting the Contracting Officer in writing about the anticipated overage. Failure to adhere to this requirement may result in an unauthorized commitment and will be reflected in the “business relations” section of the contractor performance report.

B.3 DELIVERY SCHEDULE

13.00

13.00

5.00

13.00

13.00

5.00

14.00

14.00

6.00

14.00

14.00

6.00

15.00

15.00

7.00

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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, 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 32.608-2 of the Federal Acquisition Regulation 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 liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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:

[] (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).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for…