36C78619Q0002-002.docx

36C78619Q0002

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

7869-000014 36C78619Q0002 08-06-2018

SHERYL PALACIO-DAVIS

540-658-7227 08-24-2018

12:00 PM

DEPARTMENT OF VETERANS AFFAIRS

NCA CONTRACTING SERVICE

75 BARRETT HEIGHTS ROAD, SUITE 309

STAFFORD VA 22556

x 327991 500 Employees N/A X

NATIONWIDE CONUS & OCONUS

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/

1-877-752-0900 See CONTINUATION Page

THIS IS A UNRESTRICTED REQUIREMENT TO MANUFACTURE BRONZE

NICHE MARKERS, NATIONWIDE CONUS & OCONUS DISTRIBUTION

(Z1): Flat Bronze Niche Marker (5-1/2" x 8-1/2" x 3/8") (Z6) Flat Bronze Niche Marker, Medal of Honor (MOH) (5-1/2" x 8-1/2" x 3/8") ARO: 20 Days After Receipt of Orders

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 See CONTINUATION Page X X Sheryl Palacio-Davis 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

3. INVOICES: Invoices shall be submitted in arrears:

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. Invoices shall be submitted electronically.

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 questions and 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)

· An approved “Sample” sent to the MPS team in accordance with the Statement of Work prior to the closing date of this solicitation.

Prospective Offerors shall be registered with the System for Award Management (SAM) website and complete representations and certifications at https://www.sam.gov and registered with Vendor Information Pages (VIP) as a VIP Verified Business – Certified SDVOSB at https://www.vip.vetbiz.gov/.

No telephone or E-mail questions will be accepted. Any and ALL questions shall be submitted through Vendor Portal.

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, AND IN SECTION E OF THIS SOLICITATION. PROPOSAL SHALL BE SUBMITTED 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 & Samples may result in your proposal being determined Technically Un-Acceptable and removed from further consideration.

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

B.2 PRICE/COST SCHEDULE

Base Period: From Date of Award Thru 30 September 2019

PRODUCT NUMBER: Z1

Z1, NICHE COVER, BRONZE

PRODUCT NUMBER: Z6

Z6, NICHE COVER, BRONZE, MOH

Option Year One (1): October 1, 2019 – September 30. 2020

PRODUCT NUMBER: Z1

PRODUCT NUMBER: Z6

Option Year Two (2): October 1, 2020 – September 30, 2021

PRODUCT NUMBER: Z1

PRODUCT NUMBER: Z6

Option Year Three (3): October 1, 2021 – September 30, 2022

PRODUCT NUMBER: Z1

PRODUCT NUMBER: Z6

Option Year Four (4): October 1, 2022 – September 30, 2023

PRODUCT NUMBER: Z1

PRODUCT NUMBER: Z6

SUMMARY TOTALS

SUMMARY TOTALS

TOTAL

B.3 PRICE/COST SCHEDULE (SCRAP CREDIT-BRONZE)

Scrap Credit for Bronze Niche Markers Returned for Recycling:

Base Period: From Date of Award Thru 30 September 2019

TOTAL COST FOR BASE YEAR

Option Year One (1): October 1, 2019 – September 30. 2020

TOTAL COST FOR OPTION YEAR #1

Option Year Two (2): October 1, 2020 – September 30, 2021

TOTAL COST FOR OPTION YEAR #2

Option Year Three (3): October 1, 2021 – September 30, 2022

TOTAL COST FOR OPTION YEAR #3

Option Year Four (4): October 1, 2022 – September 30, 2023

TOTAL COST FOR OPTION YEAR #4

SUMMARY TOTALS

SUMMARY TOTALS

TOTAL

B.4 DELIVERY SCHEDULE

B.5 SOW DESCRIPTIONS/SPECIFICATION/STATEMENT OF WORK

STATEMENT OF WORK/SPECIFICATION

1. Background: The Department of Veterans Affairs (VA), National Cemetery Administration (NCA) furnishes headstones, markers and niche covers for deceased veterans worldwide. Memorial headstones, markers and niche covers are also furnished to memorialize veterans whose remains are nonrecoverable.

1. Purpose: The purpose of this contract is to supply Bronze Niche Markers for Nationwide Distribution on a MULTl-YEAR CONTRACT.

1. Performance Period: The contractor shall have (20) business days, excluding federal holidays, as counted from the date following the day an order is sent to the contractor until the monuments are produced and made available to the cemetery for acceptance.

1. Unit Price: The unit price is all-inclusive and covers the complete inscription ordered, regardless of the total number of lines or characters. The unit price shall be the total price paid for each monument manufactured, FOB Destination.

1. Material Specification

4. Description #1: Bronze Niche Marker (5-1/2" x 8-1/2" x 3/8") Product Code: Z1 Drawing No.: A-Z1, Rev-dated 03/1/07

4. Description #2: Bronze Niche Marker, Medal of Honor (5-1/2" x 8-1/2" x 3/8") Product Code: Z6 Drawing No.: A-Z6, Rev-dated 03/1/07

4. Inscription Specification: Letters, Fonts, Numbers & Other Characters for Government, Headstones, Markers and Niche Covers

Drawing No.: A-LFN&OC-1, Rev, dated 11/26/2013 A-LFN&OC-2, Rev, dated 11/26/2013 A-LFN&OC-3, Rev, dated 11/26/2013

4. Emblems Drawing No.: A-EM Cover Page A-EM-1 Rev, dated 7/1/2013 A-EM-2 Rev, dated 7/1/2013 A-EM-3 Rev, dated 7/1/2013 A-EM-4 Rev, dated 7/1/2013 A-EM-5 Rev, dated 7/1/2013

4. Description: Credit for scrap bronze niche markers returned for recycling Product Code: Scrap- Z1 and Z6

1. Material Specifications

5. Material: Bronze -The bronze shall conform to the art bronze industry practice for commercial bronze memorials. Appearance and performance shall not vary from the submitted samples.

5. Pigmented Finish - Color shall be memorial industry standard dark brown, as represented by Munsell Color Standard notation: 0.5Y2.49/1/0. The face and sides of the marker shall be coated uniformly with pigmented coating sufficient to obliterate the casting color.

5. Field Texture - The field shall have a deep embossed leather-look cast texture.

5. Protective Coating - The face and sides of the bronze niche marker shall be coated with a glossy abrasion-resistant protective coating. The base and clear coating system, as applied in combination, shall withstand accelerated weather testing for humidity and ultra-violet rays.

5. Letters, Numerals, Emblems and Border - Type and style of letters shall be as represented by the technical drawings. The faces of the letters for the markers shall be bare bronze and have the highlighted appearance of the standard marker and of the sample approved by the MPS Program Support Unit. The face and sides of the finished product shall have the color, gloss and appearance of the preproduction samples approved by the MPS Program Support Unit as an inspection standard. The base and clear coating system, as applied in combination, shall withstand accelerated weather testing for humidity and ultra-violet rays. (See Testing of Finish and Coating).

5. Reverse Side - Surface texture of reverse side of the marker shall be normal as-cast sand texture (foundry sand texture). Mounting holes shall be drilled and threaded according to the dimensions noted on the technical drawing. Mounting holes shall be located per dimension layouts as noted on the drawing. The reverse side shall be stamped with “Property of the United States Government”.

5. Rods and Bosses - Two (2) screws, brass, 1/4 •20 UNC x 1.50 inch long, round head with a minimum of .50 Inch of thread to fit tapped bossed as shown on the technical drawing. Included with the bronze marker, are four (4) washers, flat brass, .687 inch 0.0. x .260 Inch 1.0 x .05 inch thick. Bosses shall be drilled to a depth so as to contain not less than four (4) completes threads. A minimum of .094 Inch wall thickness shall remain on the bottom of the boss after drilling and tapping for threads.

1. Scope of Work: This work shall include all labor and materials necessary to furnish flat bronze niche markers with raised lettering. The marker ordered under delivery orders against this contract shall be delivered within twenty (20) calendar days following the date the orders shall be issued by Memorial Program Service, Program Support Unit. Less than one percent of the orders received shall be delivered to overseas destinations. The contractor shall format all information contained on marker orders as raised characters. Contractor shall deliver, as ordered, F.O.B. Destination, inscribed flat bronze niche markers of the type and style shown in the schedule, in accordance with the specifications, drawings, terms and conditions.

1. Contract Period: This contract covers the base year from October 01, 2018 thru September 30, 2019 with four, one-year option periods; if all four option periods are exercised, the term of the contract would extend through September 30, 2023. (see FAR Clause 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT)

1. Workmanship

8. Casting, Letters, Numerals and Emblems: There shall be no evidence of feeding heads, gates or risers on the face, sides, or ends of finished markers. Markers shall be free of bends or warping exceeding .062 inch. Casting shall be free of wrinkles, sand holes, blowholes, hard spots, cracks or evidence of porous places. Letters, numerals and emblems shall be clear and sharply cast, free of pits holes and scratches, properly centered and aligned as shown on the technical drawing. The repair of holes and the removal of excess metal from letters or the field of the bronze niche marker shall be permitted provided evidence of such repair/removal is not visibly apparent. Repairs should be done using the same alloy as the bronze marker.

8. Coating: The protective coasting shall be uniform in color, clear, and free of bare spots, scratched embedded foreign matter, blistering, mist coating, pin-holing, and dry spray or areas of thin film. The finish appearance of the marker will be glossy.

8. Certification of Compliance: When requested by the MPS Program Support Unit, the contractor shall furnish any or all copies of certified analyses as supplied by the ingot manufacture. The contractor shall require that all ingots from ingot vendors be shipped with certified analyses, which shall be retained for a period of ten years from the date of the certified analyses.

1. Submittal by Potential Offerors: Potential offerors shall submit at contractor expense one marker sample with raised characters (5-1/2D x 8-1/2" x 3/8") which will be used to determine potential awardees' ability to manufacture and deliver niche markers. The samples shall conform to government specifications for: color, field texture, pigmented finish, protective coating and lettering. The samples shall be clearly marked (on the back) with permanent marker to show the following: Contractor Name and Solicitation Number. The following formatted characters will be used for the submittal:

O'NEAL C McDONALD

BM1 US NAVY WORLD WAR II

DEC 181925 01 SEP 221987

IRENE McDONALD

JUL 221927 06 OCT 121989

FOREVER LOVED AND MISSED

The sample shall be manufactured in the same facilities to be used in the manufacture of production items. If more than one production site is to be used, one sample from each additional facility shall be provided. The sample shall be the basis for comparison of all markers produced under this contract:

Samples shall be received by Memorial Programs Service (MPS) prior to the solicitation closing date. If the sample Is disapproved by Memorial Program Service, the vendor will have until the closing date of the solicitation to resubmit.

NO samples will be accepted after closing date.

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

Department of Veterans Affairs Memorial Programs Service Program Support Unit, Rm 650 1575 Eye Street, NW Washington, DC 20005

1. 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 technical requirements are fully understood. 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. Electronic copies of drawings in PDF format shall be e-mailed upon the vendor's request.

1. Quality Assurance (QA)

11. Testing - Contractor Certification: The contractor shall certify and maintain substantiating evidence that the product offered meets the salient characteristics described herein and that the product conforms to the drawings, specifications, and standards called for by this description. The MPS Program Support Unit reserves the right to require proof of such conformance prior to the first delivery and thereafter as may be otherwise provided for under provisions of the contract.

11. Testing of Finish and Coating: Test representative bronze panels (finished using the same process employed in finishing grave markers) by using an accelerated weather machine (such as QUV Weather-a-meter) With one-half ultra-violet rays and one-half humidity {moisture) for a minimum of 500 hours with deterioration defined as: coating breakdown, including yellowing, noticeable fading or peeling, any visible copper oxide formation, etc., other than slight loss of gloss.

11. Applicable Publications Munsell Neutral Value Scale, Matte (31 - step scale) 617 Little Britain Road, New Windsor, NY 12553 — 6148 Phone: (800) 622-2384

1. Government Quality Assurance (QA)

12. Site Inspections: Quality assurance inspections of the contractor's production processes of the contractor's manufacturing facility may be conducted during the contract period by the designated Contracting Officer's Representative (COR) of the Memorial Products Service (MPS) unit 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 notifications to the contractor.

12. During each QA visit, a complete assessment of the contractor's operation will be made and include the following areas:

1. Packaging of product to ensure compliance with all contractual requirements

1. Execution of quality control procedures.

1. Maintaining all QA records as required, with the records indicating the quality of the markers as shipped.

1. Handling of Inventory or backlogged orders.

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

1. Quality Complaints: The receipt of complaints concerning unsatisfactory quality or noncompliance 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 a 100% government quality inspection for an indefinite period due to quality problems. Indicative, but not all-inclusive, examples are:

13. Nonconforming product shipped to fill Government orders.

13. Completed markers that passed the contractor's inspection and are awaiting shipment but fail the Designated COR's Quality Inspection.

13. Product that passed the contractor's inspection system and are awaiting shipment.

13. Deficiencies that adversely affect performance of the contractor In areas such as:

13. Craftsmanship

13. Safety

13. Knowledge/training of processed, inspections and measuring tools

13. Contractor's inspection system

13. Manufacturing process

13. Production control

13. Planning and scheduling

1. ADMINISTRATIVE MATTERS

14. Authorities of Government Personnel: The Contracting Services Division shall provide, at the time of contract award, a list of MPS personnel authorized to act as Contracting Officer's Representative (COR).

14. Contractor Provided Weekly Delivery Report-The Contractor shall provide to the MPS Program Support Unit weekly reports on the contractor's processing, production and delivery of markers. The reports shall be sent to MPS on a weekly basis by e-mail to MPSProgSupport@va.gov. The reports shall be due close of business Tuesday of each week. Should this day fall on a holiday, the report shall be submitted by close of business on the workday before the holiday.

Each report shall minimally include the following:

1. Date Order Received

1. Purchase Order Number

1. Shipment Numbers

1. Date each order was delivered

1. Tracking number for shipment

1. Amount of items delivered

1. Amount pending

1. Estimated delivery dates for pending orders

1. Amount of orders cancelled

If an order is delinquent at the time that the status report is e-mailed to the MPS Program Support Unit, the contractor is required to provide in the same e-mail with the report, the detailed reasons for the delinquency, what measures the contractor shall take to handle the . specific delinquency and projected delinquencies and the projected date the delinquent items will be delivered.

14. Contractor Records and Files: The Contractor shall maintain records and files of all documents relating to each order filled for the life of the contract. These records shall include at a minimum, copies of all orders, quality assurance records, inspection results, shipping documents (bearing carrier name, tracking number and date delivered) and invoices. These records shall be made available upon request to the designated MPS Program Support Unit COR's during on-site Quality Assurance inspections.

14. Tracking Information for each shipment number and delivery date for each shipment number should be provided.

3. Decedent First and Last Name

3. Unit Cost

3. Description including Product Code Number

3. Total Amount of items invoiced

3. Total Invoice Amount

1. Packaging: The markers shall be packaged in accordance with normal commercial practice. The package shall ensure the safe arrival of each marker without marks or marring at the destination. All associated fees regarding delivery including envelopes, postage or shipping, are at contractor's expense. The weight of each packaged marker shall not exceed five (5) pounds.

1. Return of Bronze Niche Covers

16. Bronze markers that are undeliverable shall be returned directly to the contractor by the carrier. Additionally, bronze markers that are being returned to the contractor for credit (as scrap metal) may be returned directly to the contractor from the consignee by the designated carrier of the contractor.

16. Upon receipt of returned markers the contractor shall notify the Contracting Officer Representative of the markers on hand and request disposition instructions. The notification, which will be forwarded by email, shall be made at least weekly and contain as much Identifying information pertaining to the marker as possible (such as decedent's name, dates of birth and death, and if available, the order number and delivery order number). Disposition instructions shall be provided to the contractor as soon as possible, normally within three (3) workdays of receipt of notification.

16. Bronze marker returned for credit (scrap metal) shall be accepted by the contractor and the Government credited with the amount shown on the Price Schedule. A credit memorandum shall be issued at least monthly showing the total due the Government. The credit will be applied to future billings.

1. SPECIAL CONTRACT REQUIREMENTS: Requests for Inspections, Corrections and/or Cancellations of Bronze Niche Orders will occur and it shall be necessary to request that the contractor make a correction to the formatting or the delivery address of a bronze niche marker order sent to the contractor or that an order be cancelled. These corrections/cancellations shall be forwarded by e-mail to the contractor only by the MPS Program Support Unit and within three (3) calendar days of receipt of the order. The contractor shall be required to respond to each e-mailed request from the MPS Program Support Unit within one (1) workday from the date the request was sent.

1. Point of Contact at MPS E-mail MPSProgSupport@va.gov and the COR assigned to the contract will respond.

1. Destination Point: Contractor shall deliver, as ordered, F.O. B. Destination, Bronze Niche Markers in accordance with the specifications, drawings, terms and conditions. Less than one percent of the orders received will be delivered to overseas destinations.

[END STATEMENT OF WORK]

B.6 DIGNITY STANDARDS

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 that 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.

0. 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.

0. 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.

0. 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.

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

0. 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, or Contracting Officer (CO) for guidance.

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

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

B.7 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).

SECTION C - CONTRACT CLAUSES

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

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(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.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(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…