36C78618Q9499-001.docx

36C78618Q9499

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

7868-000419 36C78618Q9499 06-20-2018 Sheryl Palacio-Davis 540-658-7227 06-29-2018 2:00 P.M.

Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Road, Suite 309 Stafford VA 22556 X X 327991 500 Employees N/A X Los Angeles National Cemetery, CA 950 South Sepulveda Blvd Los Angeles

CA 90049

43C1 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Road, Suite 309 Stafford VA 22556 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

TX 78714-8971

1-877-752-0900 See CONTINUATION Page Los Angeles National Cemetery, CA Provide (I1) Blank Marble Niche Covers & (A1) Memorial Wall at Los Angeles National Cemetery, In Accordance With the Solicitation, Statement of Work (SOW) and Drawings.

ARO: 30 DAYS AFTER RECEIPT OF ORDERS

FAILURE TO FILL OUT ALL REQUIRED INFORMATON AND FAILURE TO

SUBMIT ALL REQUIRED DOCUMENTATION AS REQUIRED MAY RESULT IN

YOUR SUBMISSION BEING DETERMINED TECHNICALLY UNACCEPTABLE

AND REMOVED FROM FURTHER CONSIDERATION

DUNS#_________________________

TAX ID#_______________________

E-MAIL:_

PHONE#________________________

SUBMIT QUOTE VIA VA eCMS VENDOR PORTAL WEBSITE AT https://www.vendorportal.ecms.va.gov

THIS IS A 100% SET ASIDE FOR SMALL BUSINESS (SB).

See CONTINUATION Page X x kellyann Bruno Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: (Contractor’s Information Required)

b. GOVERNMENT:

Department of Veterans Affairs National Cemetery Administration Contracting Service (43C1), Sheryl Palacio-Davis 75 Barrett Heights Road, Suite 309 Stafford, VA 22556

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

[X] 52.232-34, Payment by Electronic Funds Transfer – Other Than System for Award Management (JUL 2013) (31 U.S.C. § 3332

1. 3. INVOICES: Invoices shall be submitted electronically.

1. Invoices shall be submitted in arrears for cumulative work performed no more frequently than weekly within thirty (30) calendar days after the Contractor has completed the work and the Government has accepted the items.

1. Contractors shall not invoice for single orders of a shipment. Shipments will be invoiced for the complete shipment when completed and accepted by the Government.

1. Required Contents of Invoice: If any information below is missing from an invoice, the invoice shall be subject to rejection and returned for revision.

1. Contractor Information (Name, Complete Address, Telephone Number)

1. Date of Invoice

1. Unique Invoice Number

1. Each invoice may be submitted only once. If the need exists to submit a corrected invoice, the original invoice number should be noted with “COR” added at the end of the invoice number on the revised invoice. Where possible CORRECTED INVOICE shall be clearly noted

1. Purchase Order Number (Only one purchase order may be included on each invoice submitted)

1. Shipment Number (If there is not enough space on an invoice, an attachment to the invoice shall list the Shipment Number(s) and the Decedent’s Last Name and shall match the invoice quantity)

1. Decedent’s Last Name (See above)

1. Cemetery Name

1. Unit Cost

1. Total Dollar Amount Invoiced

1. Certificate of Conformance:

· This certifies that (Contractor’s Name) furnished the above listed supplies or services called for by the above listed purchase order number in accordance with all applicable requirements. We further certify that the supplies or services are the quality specified and conform in all respects with the contract requirements.

4. GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be sent electronically by following instruction as stated at website: http://www.fsc.va.gov/einvoice.asp. See VAAR clause 852.232-72 Electronic Submission of Payment Requests (NOV 2012).

5. ACKNOWLEDGEMENT OF AMENDMENTS:

The Offeror acknowledges receipt of Amendments to the Solicitation numbered and dated as follows:

6. MISSING PAGES: It is the responsibility of the Offeror to examine this Solicitation to verify that he, or she, has received all pages. In addition, in compiling this package, some pages may have been duplicated. If the Offeror feels that pages are missing or duplicated, the Offeror is encouraged to contact the Contracting Officer at the telephone number shown in Block 7B, Standard Form 1449, Solicitation/Contract/Order for Commercial Items.

7. METHOD OF ISSUING DELIVERY ORDERS

1. All orders to be furnished under this contract shall be ordered using electronic commerce methods by the Centralized Contracting Division. Orders shall be transmitted electronically via email to the Contractors internet E-mail address.

1. Contractor shall be required to maintain an active commercial E-mail account capable of accepting the electronic files(s) and providing the account address to the ordering office. Notification of changes in E-mail addresses shall be made to the ordering office within twenty-four hours of the change. In the event E-mail account becomes inactive; provide facsimile number in order to receive files.

1. Orders transmitted electronically will be considered “issued” when the Government transmits the electronic file to the E-mail address of record provided by the Contractor.

8. ORDER PROCESSING SEQUENCE: The Department of Veterans Affairs, National Cemetery Administration, Contracting Service (43C1), is the only activity authorized to issue orders under this contract.

9. NOTICE TO PROSPECTIVE CONTRACTOR(S): Prospective awardees SHALL be registered with SAM at http://www.sam.gov and registered with Vendor Information Pages (VIP) as a VIP Verified Business – Certified SDVOSB at https://www.vip.vetbiz.gov/, Prior to Award and through final payment, and the Online Representations and Certifications Application (ORCA) at http://www.sam.gov prior to award and through final payment. Contract will not be awarded until SAM registration has been completed.

NOTICE:

A. All proposals shall be submitted through the Department of Veterans Affairs - Electronic Management System (eCMS) Vendor Portal website in order to be considered for award. https://www.vendorportal.ecms.va.gov. VENDOR GUIDE IS ATTACHED TO THIS RFP FOR YOUR INSTRUCTION.

B. Please go to the VA eCMS Vendor Portal website at https://www.vendorportal.ecms.va.gov to register. Once on the webpage, proceed to the Vendor Portal Login section located on the far left side of the webpage and click on ‘Request a user account’ to register. In the event an Offeror is unable to submit a proposal through the Vendor Portal domain, prior to the solicitation closing date, contact the VAAS helpdesk at 1-877-634-3739, or via email at VA.Acquisition.Systems@va.gov. Submission of proposals through E-mail will not be accepted. Proposal transmission/uploads shall be completed by the date/time specified. Late or incomplete proposals will not be considered.

C. If Offerors are still unable to submit a proposal through VA eCMS Vendor Portal, the Offerors may submit an E-mail version of their proposal as long as they obtain permission from Sheryl Palacio-Davis and VA eCMS Vendor Portal registration requirements have been fulfilled and Offerors have contacted the VAAS helpdesk for assistance in their submission of a proposal. A copy of the E-mail correspondence with the VAAS helpdesk will be forwarded to the Contract Specialist, Sheryl Palacio-Davis at sheryl.palacio-davis@va.gov, proof of E-mail correspondence. If a phone conversation with the VAAS helpdesk proves unsuccessful in an Offeror’s ability to submit a proposal prior to the closing date via Vendor Portal, the Offeror shall submit to the Contract Specialist correspondence that contains the date, time, and name of helpdesk representative the Offeror contacted to include the reasons why the Offeror could not submit a proposal via the Portal. This document will be submitted together with the E-mail version of the proposal. In the event an Offeror has not requested proposal submission assistance to the VAAS help desk prior to the closing date, nor has submitted correspondence that identifies reasons why the Offeror could not submit a proposal via Vendor Portal, the Offeror will be considered non responsive and the E-mail version of the proposal will not be accepted.

Proposal Package in, Vendor Portal, shall include the following:

· 1 completed, signed/dated original SF1449 and completed, signed/dated ALL Amendments

· 1 completed Section B (Contract Admin. & Price Schedule)

· 1 completed Business Management Questionnaire/Past Performance (Section D)

Prospective Offerors shall be registered with the System for Award Management (SAM) website and complete representations and certifications at https://www.sam.gov

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS, PARAGRAPH (b) AND IN THE STATEMENT OF WORK, SECTION 5.0, SUBMITTAL BY POTENTIAL OFFERORS, PRIOR TO THE TIME SPECIFIED IN BLOCK 8 of SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD AND THE INFORMATION SHALL BE FORWARDED TO THE ADDRESS IN BLOCK 9.

Failure to submit all required documentation may result in your proposal being determined not Technically Acceptable and removed from further consideration.

See attached document: “VENDOR GUIDE” for the Vendor Portal.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

PRODUCT NUMBER: I1

I1, NICHE COVERS, MARBLE

PRODUCT NUMBER: A1

A1, MEMORIAL WALL MARKERS, MARBLE, BLANKS

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK/SPECIFICATION

1.0 Background

The Department of Veterans Affairs (VA), National Cemetery Administration (NCA) furnishes headstones, markers and niche covers for the graves of veterans worldwide. Memorial headstones, markers and niche covers are also furnished to memorialize veterans whose remains are non-recoverable.

2.0 Purpose

The purpose of this contract is to supply blank marble columbarium niche covers and blank marble memorial wall markers on a ONE TIME BASIS to Los Angeles National Cemetery to be used on a new columbaria and memorial marker walls.

The overall background whiteness of the marble, exclusive of allowable veining, shall be no less than standard N8.75 of the Munsell Neutral Value Scale, 31 Step Scale. Background colors with noticeable contrast in chroma or hue (example: mixing silver or gray background tones with cream or yellow background tones) are unacceptable.

Various colored veins, no darker than N7 of the Munsell Neutral Value Scale, may blend gradually into the white background. Blotches of color, or veining which are in sharp contrast with the background whiteness, which would inhibit legibility of the inscription, or which present an objectionable appearance, shall be cause for rejection. Traits causing unacceptable appearance include:

1. covers with multiple, long, straight streaks;

1. colors which appear as draining or dripping down the stone;

1. coloring which would be mistaken for black microbial growth or, markings which would be mistaken for dirt;

1. covers with veining of blatantly dissimilar material susceptible to differential weathering;

1. lines likely to be misinterpreted as cracks;

1. broad dark markings or splotches that interfere with legibility or that create a strong visual distraction (e.g. resembling paint splatter)--- regardless of where the distraction is located;

1. covers which lack a dominant background color (say more than 33% is color of veins);

1. covers having 3 or more veins that are greater than 1-1/3 inches thick;

1. covers having wide (other than pencil-mark thin) veins which do not gradually blend with the background color;

1. covers with horizontally oriented veining haphazardly mixed with other orientations. Veining should occur across the stone primarily following the long vertical dimension or slanted by as much as ± 45 degrees from the vertical.

All edges along the front, back and corners shall be uniformly rounded with a smooth 1/16 inch eased-edge aris (or chamfer). The minimum 1/16” rounding along backside edges is preferred.

The four holes in the niche covers are to be core drilled in each cover as shown on drawing. The holes must be perpendicular to the face of the cover. The holes shall have smooth side walls, with one centerline and no visible change in the side wall from drilling the hole from opposite faces.

1. Scope of Work

5.1 Source of supply

All stone shall be obtained from quarries within the United States of America, having adequate capacity and facilities to meet the specified requirements. Cutting and finishing shall be done by a manufacturer equipped to process the material promptly and in strict accordance with these specifications.

5.2 Workmanship

Each niche cover and memorial wall marker shall be free from defects in workmanship. Chips, cracks, open seams, or abraded edges, will not be permitted and the repair or patching of any such defects is prohibited and will be cause for rejection. Both shall be free of ink, oil, crayon marks, dirt, coatings, sealers and dust. Workmanship shall be in accordance with industry standards and practices.

Any spalling on the niche covers that occurs around holes on the backside must not extend more than ¼” beyond the whole walls and be no more than 3/32” deep.

6.0 Submittal by Potential Offerors

Potential offerors will submit at their expense one full size (1) blank marble niche cover and one full size (1) blank marble memorial wall marker according to the specifications listed in Section 3.0 above. Samples shall be representative of the stone to be used, the finish to be attained and the placement and diameter of the holes to be drilled. Testing results for the sample will be submitted per Section 6.0. The samples and testing results should be submitted by the closing date of the solicitation. The samples shall be marked clearly on the back with indelible marker, showing contractor name, solicitation number, quarry source of stone and name of stone. Any sample which arrives damaged will not be acceptable.

A statement identifying the type of honing pads (or stone) used and its grit rating must be provided with the samples The samples shall be the basis for comparison of all blank niche covers and memorial wall markers produced under this contract. The dimensions of the samples submittal shall match exactly the dimensions outlined in drawings.

Samples shall be received by Memorial Products Service (MPS) prior to closing date. If the samples are disapproved by MPS, you will receive notification by the Contracting Officer and you have until the closing date of solicitation to resubmit samples.

NO samples will be accepted after closing date.

Once submitted, samples become the property of the Department of Veterans Affairs and will not be returned. Submit sample and test results to the following address:

Department of Veteran Affairs

7.0 Full size copies of drawings are available upon request at no additional charge to potential vendors. The request should be e-mailed to the NCA Memorial Programs Service (MPS) Program Support Unit at MPSProgSupport@va.gov and should include the contractor’s name, mailing address, phone number, e-mail address and the name and drawing number of the drawing(s) being requested. It is recommended that such a request be forwarded to ensure that the specifications are current and accurate. Once the request is received, the drawings will be mailed directly to the vendors.

A potential vendor should e-mail the request for drawings to MPS within a timely manner to ensure sufficient time for the drawings to be mailed. An extension to the solicitation closing date will not be granted under any circumstances.

Stone supplied under this contract shall conform to the following specifications and physical requirements. Stone shall be tested, for the tests listed below, by an approved testing laboratory and test results shall be submitted to the Memorial Programs Service for approval prior to the production of the sample niche covers. Testing is required only once and should be from a representative sample of the quarry. Testing results are required for new sources of stone.

NOTE: Testing results are not required for the quarries located in the state(s) listed below:

Colorado Vermont Alabama

Marble shall have an abrasive hardness value Ha of 25.0 minimum, when tested as specified by ASTM C241.

8.2.2 Absorption:

Marble absorption shall be 0.40 percent maximum, by weight when tested for a 48 hour period as specified in ASTM C97.

8.2.3 Compressive strength:

Marble shall have a minimum compressive strength of 13,000 psi when tested as specified in ASTM C170.

8.2.4 Flexural strength:

Marble shall have a flexural strength of 1,200 psi (8.27 MPa) minimum when tested as specified in ASTM C880.

8.2.5 Density:

Marble shall have a density of 160-lbs/ft3 (2,563-kg/m3) minimum, as specified by ASTM C97.

9.3.3 Dimension Stones of the World

Marble Institute of America, Inc.

28901 Clemens Road, Suite 100, Cleveland, OH 44145

10.0 Government Quality Assurance (QA)

10.1 Site Inspections

Quality assurance inspections of the contractor’s production processes or the contractor’s manufacturing facility may be conducted during the contract period by the designated COTR’s of the Memorial Programs Service (MPS) to assure contract performance and adherence. Visits to the contractor will be scheduled at a time so as to ensure inspection of the contractor’s marker production. The Government reserves the right to perform quality audit inspections without prior scheduling or notification to the contractor.

During each QA visit, a complete assessment of the contractor’s operation will be made, to include the following areas:

· Packaging and palleting of product to ensure compliance with all contractual requirements.

· Contractor’s execution of quality control procedures.

· Contractor is accurately maintaining all QA records as required, with the records indicating the quality of the markers as shipped.

· The contractor’s handling of inventory or backlogged orders.

The contractor must assist the designated COTR by providing an adequate, well lighted inspection area. Contractor personnel will provide assistance lifting, handling and moving of product.

10.2 Quality Complaints

The receipt of complaints concerning unsatisfactory quality indicating non-compliance with the contract specifications will be considered reason for an immediate visit and review of the contractor’s quality assurance program. The Government reserves the right to impose 100% Government Quality Inspections for an indefinite period due to quality problems. Indicative, but not all-inclusive, examples are:

· Nonconforming product shipped to fill Government orders.

· Product that passed the contractor’s inspection system and are awaiting shipment.

· Deficiencies that adversely affect performance of the contract existing in areas such as:

· Craftsmanship

· Safety

· Knowledge/training of processes and measuring tools

All covers shall be packed in accordance with normal industry standards and commercial best practices to assure acceptance by the common carrier.

Non metal bands shall be secured around the pallet or crating for its entire height (from top to bottom) and two additional bands shall secure the pallet or crating around the width. Banding pressure should be such that it causes no damage to the edges of the stone when packaged. Colored materials or materials capable of staining the stone (ex. uncoated cardboard, certain kinds of wood) during outdoor storage is not permitted.

The packaging and crating should protect the covers throughout the handling and storage process and during shipment and comply with the National Motor Freight Classification.

11.2 Palletizing, Markers or Covers

Each crate or pallet must not exceed 2,500 lbs.

12.0 Point of Contact at MPS

Email MPSProgSupport@va.gov of the projected delivery following the notice to proceed and of the delivery date/time following actual delivery.

13.0 Destination Point

Deliver niche covers, F.O.B. Destination, within consignee’s premises to:

Los Angeles National Cemetery 950 South Sepulveda Blvd.

Los Angeles, CA 90049 Attn: Thomas Ruck, Director

IMPORTANT: The contractor must note on the Bills of Lading that palletized monuments must be placed at the rear or side of delivery vehicles so that direct access is permitted for off loading with a forklift.

13.1 Point of Contact for Delivery

Consignee must be contacted 24 hours prior to delivery to ensure appropriate personnel and equipment is on-site to off load product. Delivery should occur between 8:30am to 3:30pm unless other arrangements are made during the pre notice of impending delivery.

[END STATEMENT OF WORK]

B.5 DIGNITY CLAUSE

1. Every action by contractor personnel at a National Cemetery must be performed with the special care, reverence, dignity, and respect that acknowledge the cemetery as the final resting place that commemorates the service and sacrifice those service members, Veterans, and their families made for our Nation. Critically important is the awareness, required of the contractor employees, of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

a. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them. Contractor personnel should use tools approved by the Contracting Officer Representative (COR), such as shovels, pry bars or pinch bars to lift flat markers out of the ground; pick axes are not an acceptable tool.

b. No tools, equipment or other items will be placed or leaned on headstones or markers. Once headstones/markers are removed from the socket, do not place on dirt piles or mud; they should be carefully placed on each associated gravesite and protected in such a way as to prevent any soiling and be out of the way of any other work.

c. Headstones shall be removed from their sockets using wooden and/or metal clamps. If metal clamps are used, the area that contacts the headstone must be protected with a rigid fabric that will prevent damage to and marking of the headstone. Clamps may be attached to a skid steer loader (i.e., Bobcat®) or similar machine to extract the headstone from the socket. When headstones are removed from their sockets, they shall be carefully stored on each associated gravesite; do not lean headstones against each other. Use care not to scratch or damage headstones in any manner. The headstones shall be laid with front inscription side up while the headstone is lying horizontally on the ground. The headstone shall be protected from direct ground contact while lying horizontally. The protection method shall be as approved by the COR and shall be free of deterioration in weather. An approved method is to support each headstone with two wood 4X4’s. Alternate methods can be approved. Cardboard shall not be used. Wood or other suitable appropriate and attractive material shall be used to keep the headstones from contact with the soil while lying horizontally during the construction period. This also shows respect towards the families visiting the gravesites and the remains that are buried.

d. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

e. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (i.e., casket or urn), or outer burial container, the Contractor must contact the COR, Director/Assistant Director, and Contracting Officer (CO) for guidance.

1. Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant Director, and CO for guidance or resolution.

1. The Contractor is required to discuss the guidance with their employees and have each employee sign a statement of compliance and deliver the signed statement to the COR before work may begin.

B.6 SBA ACT 8(d)(13)(B)

(B) NOTICE.—

(i) IN GENERAL. —A Prime Contractor for a covered contract shall notify in writing the Contracting Officer for the covered contract if the Prime Contractor pays a reduced price to a Subcontractor for goods and services upon completion of the responsibilities of the Subcontractor or the payment to a Subcontractor is more than 90 days past due for goods or services provided for the covered contract for which the Federal agency has paid the Prime Contractor.

(ii) CONTENTS. —A Prime Contractor shall include the reason for the reduction in a payment to or failure to pay a Subcontractor in any notice made under clause (i).

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.3 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed…