36C78620R0016-007.docx

36C78620R0016

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

7860-000203 36C78620R0016 03-13-2020 Katherine Iacovelli 703-630-9350 03-27-2020 11:59p 43C1 Department of Veterans Affairs NCA Contracting Service 18434 Joplin Rd Triangle VA 22172 X X Y 327991 500 Employees N/A X Various locations see SOW

43C1 Department of Veterans Affairs NCA Contracting Service 18434 Joplin Rd Triangle, VA 22172

43C1 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 See CONTINUATION Page Granite Headstone blanks manufactured, inscribed and distributed FOB nationwide Base +4 Option Years Solicitation Questions due by March 20, 2020 at noon only to katherine.iacovelli@va.gov, not through the vendor portal Proposals to be submitted through the Vendor Portal Stone samples to be sent to MPS directly see SOW for address

COR: TBD

Invoicing PO Number: 786J050XX

PLEASE FILL THESE IN:

Email Address:

Best phone number:

DUNS:

786-550741-4210 01BH705MA 0102H 2020

X X X Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C786 Department of Veterans Affairs NCA Contracting Service 18434 Joplin Rd Triangle, VA 22172

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

3. INVOICES: Invoices shall be submitted in arrears:

Other [X] monthly after acceptance by Government

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

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

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

6. CONTENTS OF INVOICE:

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

1. Date of Invoice

1. Date of Period of Invoice Performance

1. Invoice Number

1. Obligation/Invoice Number (Only one purchase order may be included on each invoice submitted)

1. Cemetery Name

1. Unit Cost

1. Total Invoice Amount

1. Service/Item(s) provided

6. SOLICITATIONS:

Failure to submit all required documentation as required may result in your submission being determined non-responsive and removed from further consideration.

8. 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 1442, Solicitation / Contract / Order for Commercial Items.

9. TIME OF DELIVERY:

Work is to be performed Monday through Friday, 8:00 a.m. – 4:30 p.m., except Federal Holidays.

10. POST AWARD CONFERENCE:

Prior to commencement of work, contract awardee and a representative of all subcontractors are required to attend a post award conference with Contracting Officer’s Representative and Contracting Officer/Specialist to assure that all parties understand all contractual obligations and the role that each party serves.

11. GOVERNMENT HOLIDAYS:

Holidays observed by the Federal Government:

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included would be any day specifically declared by the President of the United States of America as a national holiday.

B.2 SCHEDULE OF PRICES

The term of the contract shall be from Date of Award to September 30 and 4 Option Years if exercised

BASE YEAR: Date of Award to September 30, 2020

CLIN

DESCRIPTION

EST

QUANTITY

UNIT

BASE YEAR

W1, UPRIGHT, HEADSTONE, 3" GRANITE, BLANK/INSCRIBED

EA

OPTION YEAR 1

W1, UPRIGHT, HEADSTONE, 3" GRANITE, BLANK/INSCRIBED

OPTION YEAR 2

W1, UPRIGHT, HEADSTONE, 3" GRANITE, BLANK/INSCRIBED

OPTION YEAR 3

W1, UPRIGHT, HEADSTONE, 3" GRANITE, BLANK/INSCRIBED

OPTION YEAR 4

W1, UPRIGHT, HEADSTONE, 3" GRANITE, BLANK/INSCRIBED

Aggregate total all years:

Price Breakdown by %:

Stone manufacturing

EA

Inscribing

EA

Shipping and handling

EA

Each CLIN shall be priced in total for labor, materials, OH, S+H and other items. VA reserves the right to ask for a price reduction for any year where more than 5% is ordered over the estimated amount of the CLIN.

B.3 STATEMENT OF WORK/SPECIFICATION

1.0 Background

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

2.0 Purpose

The purpose of this contract is to manufacture, inscribe off-site and distribute within the contiguous 48 states.

· (W1) – Headstone, Upright, Granite, (13” x 42” x 3”)

3.0 General

This contract shall include all labor and materials necessary to furnish upright granite headstones, to each consignee’s address. The Contractor shall be responsible for providing all labor and material needed to manufacture, inscribe, package, palletize, and deliver FOB destination to all locations in accordance with the orders received.

Point of Contact at MPS: E-mail to: MPSProgSupport@va.gov

3.1 Performance period: The Contractor shall have fifteen (15) calendar days following the day an order is sent to the Contractor until the monuments are manufactured, inscribed, packaged, and delivered to destinations within the contiguous 48 states.

3.2 Contract Period

This contract covers the period from Date of Award through September 30, 2020 with four (4) 1-year options, if exercised, to extend the term of the contract through September 30, 2024.

3.3 Unit Price: The unit price is all-inclusive and covers the completed monuments delivered FOB destination. A price breakdown is also required for the Base year separating out the price of the stone, the labor to inscribe and the shipping and handling. The same unit price shall apply regardless of the total number of characters inscribed. This all-inclusive price includes product and services to provide monuments meeting technical requirements as shown in drawings listed in Sections 4.0 and 5.1.

4.0 Material Specification

4.1 Description: Headstone, Upright, Granite (13” x 42” x 3”) Product Code: W1 Drawing No.: A-W1 & 2, Rev. B, dated 2019/8/15

4.2 Material: Granite must conform to the definition of Granite as defined by ASTM C119-19. Granite is to be standard grade, fine-medium grained material as classified by the National Building Granite Quarries Association. Granite must be free from cracks, seams, or starts, chips, pits or other defects that would impair its strength, durability or readability of the inscription. Headstones containing two or more feldspar phenocrysts, which exceed 6mm, in any direction will be rejected.

4.3 Color: Granite must be a uniform shade of light grey color of (N6-N7.75) as judged against the Munsell Neutral Value Scale, Matte 31 – step scale).

4.4 Finishing: The front, back, top and sides of each monument must be uniformly machine honed with an 80-grit pad or stone to a smooth satin finish, free of scratches, saw marks, rust spots and skips. The bottom shall be a smooth sawn finish.

4.5 Source of supply: All stone shall be obtained from quarries within the United States 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 accordance with these specifications.

Note: If the Contractor desires to change from the original approved quarry to another quarry during the contract term, an additional sample from the new quarry shall be submitted to the MPS Program Support Unit for approval prior to using the new stone to produce blanks. Quarry changes will be effective only at the beginning of option years based upon pre-approved samples. Changes cannot be made within an option year.

4.6 Workmanship: Each monument shall be free from defects in workmanship.

· Chips, cracks, open seams, or abraded edges shall not be permitted and the repair or patching of any such defects is prohibited and shall be cause for rejection.

· Monuments shall be free of ink, oil, crayon marks, dirt, coatings, sealers and stone dust.

· Inscriptions shall be free from defects due to broken or blown out lettering and repair or patching an inscription is not permitted.

· Workmanship and production shall be in accordance with industry standards, practices, and regulatory safety requirements

4.7 Testing: Stone supplied under this contract shall conform to the following specifications and physical requirements. Stone shall be tested, as listed below, by an approved testing laboratory and test results shall be submitted to the Memorial Products Service (MPS), Program Support Unit for approval prior to the production of the sample. Testing is required only once and shall be from a representative sample of the quarry. Testing results are required for new sources of stone.

Note: Testing results are not required for sources from the following areas:

· Washington County, Vermont

· Elberton County, Georgia

· Madera County, California

· Surrey County, North Carolina

4.8 Granite Testing Specifications

4.8.1 Abrasive hardness:

Granite shall have an abrasive hardness value (Ha) of not less than 25 when tested as specified in ASTM C241.

4.8.2 Absorption:

Granite shall absorb not more than 0.15 percent of moisture by weight when tested for a 48-hour period as specified in ASTM C97.

4.8.3 Compressive strength:

Granite shall have a minimum compressive strength of 7500 psi or (5.27 kg/mm2) when tested as specified in ASTM C170.

4.8.4 Modulus of rupture:

Granite shall have a minimum modulus of rupture of 1000 psi (or 0.70kg/mm2) when tested as specified in ASTM C99.

4.9 Applicable Publications

4.9.1 Munsell Neutral Value Scale, Matte (31 - step scale)

617 Little Britain Road, New Windsor, NY 12553-6148 Phone: (800) 622-2384 Refer to X-Rite, Inc or Pantone LLC for Munsell Color Scale

4.9.2 ASTM, Sections C97, C99, C170, C241

American Society for Testing and Materials 100 Barr Harbor Drive PO Box C700 West Conshohocken, PA 19428-2959

4.9.3 Dimension Stones of the World

Granite Institute of America, Inc.

28901 Clemens Road, Suite 100, Cleveland, OH 44145

5.0 Inscription Specification

5.1 Reference Technical Drawings

· A-LFN&OC-1 through 3, Rev. C dated 2016/6/13June 13, 2016, Letters, Fonts, Numbers, & Other Characters

· A-EM-Cover Page, Rev. K dated 2019/09/10, Emblems of Belief

· A-EM-1, Rev. I dated 2017/12/23

· A-EM-2 thru 4, Rev. H dated 2017/12/23

· A-EM-5, Rev K dated 2019/09/10

· A-EM-6, Rev. K dated 2019/09/04

5.2 Product: The Contractor shall inscribe all information as contained on the headstone order. The end or limit of each line shall be indicated on a line-by-line basis as shown on the order. If any deviation from this is encountered, contact the MPS Program Support Unit at MPSProgSupport@va.gov.

Inscriptions shall be made using an air blast abrasion method. The inscription shall be a depth consistent with the technical drawing and shall conform to the character and dimensions of letter, numbers and emblems shown in the technical drawings. Inscription layouts shall conform to scenarios in the contract drawings.

5.3 Lithichrome Application

Lithichrome shall be applied to all inscriptions provided under this contract unless otherwise requested. Whenever lithichrome is not required, “No Lithichrome” shall be notated on the order. When lithichrome is applied, it shall be N4 or lower as judged against the Munsell Neutral Value Scale, Matte (31-step scale).

6.0 Submittal by Potential Offerors

Potential offerors shall submit at Contractor expense one granite sample (24” x 13” x ¾”) representative of the granite to be used in the production of headstones under this contract. The sample shall conform to government specifications and shall be submitted for review and approval. Contractor shall mark the sample on the back with a permanent marker to show: Contractor’s name, telephone number, solicitation number, and Contractors email address. If the sample arrives damaged or not clearly marked it will not be considered for review. At that point the Contractor’s sample would have failed to have met the submittal requirements for this solicitation and will not be further considered for the bidding process. The samples must be manufactured, inscribed, and packaged to prevent any damage during shipment. All samples are best and final, and the offerors will not be allowed to submit another sample if a sample is deemed unacceptable. (see attachment)

Samples must be accompanied by a statement identifying the brand name and grit rating for the pad or stone used to produce the final finish.

The following inscription, with lithichrome, shall be used for the sample submission - refer to drawings for emblem’s character, font style, special marks, inscription depths, and spacing.

FRONT

Emblem #12 (Native American Church of America)

JONATHAN

QUIN

PROUDFOOT

1ST LT

US AIR FORCE

AFGHANISTAN

SEP 17 1954

AUG 28 2013

PURPLE HEART

BELOVED

HUSBAND & DAD

REAR

12 8 527

Failure to meet any of the requirements for granite and inscription quality shall result in the rejection of the sample. The sample shall establish the acceptable monument quality for all granite and inscriptions under this contract and shall be the basis for comparison of all inscribed granite upright headstones under this contract. Samples must be received by Memorial Products Service (MPS) prior to closing date of solicitation.

NO samples shall be accepted after closing date.

All samples submitted must be approved or offeror’s quote/proposal will be removed from further consideration.

Note: All samples should be submitted using the dimensions noted above. Full size samples will NOT be accepted and will be refused at delivery.

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

Department of Veteran Affairs Memorial Products Service Program Support Unit, Rm. 600 1575 Eye Street, NW Washington, DC 20005

6.1 Drawings: PDF copies of drawings are available upon request at no additional charge to potential vendors. The request should be e-mailed to the NCA Memorial Products Service (MPS) Program Support Unit at MPSProgSupport@va.gov and shall include the Contractor’s name, mailing address, phone number, e-mail address, and the name/drawing number of the drawing(s). MPS recommends vendors use full size drawings for determining work requirements. An extension to the solicitation’s closing date shall not be granted for failure to request the technical drawings with sufficient lead time.

7.0 Packaging and Palletizing

7.1 Materials: All monuments shall be packed in accordance with the following requirements:

· Non-metal bands shall be secured around the pallet or crate for its entire height (from top to bottom) and two additional bands shall secure the pallet or crating around the width. Banding pressure shall 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 are not permitted.

· Ensure the pallet is in good, usable condition, i.e., no broken or cracked boards, all nailheads shall be below the surface of the wood and still able to handle loads up to 2,000 lbs with (3) stringers and 4-way access.

· The quantity of monuments that can be placed on the pallet shall depend on the pallet’s quality of build and monument-to-pallet dimensions.

· Ensure there is no monument overhang. The pallet shall be taking the initial side impacts. Ensure that the pallet extends 1-2” away from the edges of the monument.

· Corrugated board that is being used to wrap or cushion the monument shall be 350 PSI double wall corrugated board.

· Reinforce and protect edges of the monuments with corner fiber boards.

· Ensure shipments of multiple monuments are properly unitized and secured firmly to the pallet.

· Protruding metal fasteners must be replaced to avoid tearing the packaging or scratching the monument’s (s’) surface.

· The Contractor shall ensure non-coloring materials are used for packing and that packing materials are not prone to compression which may cause load shifts or damage from the ensuing loose banding.

· The monuments shall be packed in such a manner that any adhesive, glue, or coloring from the packaging does not transfer and adhere to the stone during shipment or during interim storage prior to use.

· The front and back of each individual package or on each side of a pallet shall be labeled with the words, HANDLE WITH CARE, in one-inch high red letters. Use of commercially available labels can be used for this requirement, or

· A label similar to below shall be used for each shipment to the cemetery:

ATTENTION

OBSERVE THAT THIS IS DEPARTMENT OF

VETERANS AFFAIRS CARGO AND A MEMORIAL

TO A U.S. ARMED FORCES VETERAN.

Please give exceptional consideration, care, and courtesy when handling.

7.2 Single Packaging: Packaging shall consist of a two-part carton constructed of a double wall corrugated board. The front of the carton shall fit completely over the front of the monument with the top, bottom and two side flaps folding over each respective surface to protect at least half of that surface. The back of the carton shall fit completely over the back of the monument with the top, bottom and two side flaps folding over each respective surface of the monument to protect at least half of that surface. The flaps of the carton halves shall be secured with ½” plastic banding or 2” filament tape. Two bands shall be secured around the carton its entire height (from top to bottom) and two additional bands shall secure the carton around the width. Banding pressure shall be such that it causes no damage to the edges of the stone when packaged.

The packaging shall protect the headstones from shipping abuse from multiple handling situations and vibration from the transportation carrier trailer and comply with the National Motor Freight Classification.

Monuments that are to be individually shipped must have two stringers or (runners) running the width of the headstone (13” dimension) beginning at 8” from either end. Material used for the stringers, runners or blocks is left up to the Contractor and the Contractor’s packaging specialists but should be permanently adhered to the cardboard packaging so as to remain in place until the monument is received. This requirement is for convenient pickup so as to avoid damage when using either a hand truck/dolly or for the forks of a forklift to move the headstone when in transit.

7.3 Palletizing: Each pallet shall not exceed 2,000 lbs. When multiple orders are being shipped to the same consignee or cemetery, headstones are to be shipped together on the same pallet, with sufficient non-steel banding in conjunction with stretch wrap along with individual packaging materials shall be used to prevent damage to the monuments during shipment. Banding shall be in cross-directional pairs, four per pallet ensuring that the banding is routed through the pallet to minimize any movement of the headstones while in transit. Non-staining corner cards are to be provided between the band and the monument at each corner of the banding (uncoated cardboard against the stone is unsatisfactory due to the tendency for discoloration). The following specifications shall be used in conjunction with ANSI standard heavy duty 42” x 48”, 4-way wood pallets.

The weight of headstones placed on the pallet must not exceed what the pallet can hold, but in all cases, shall not more be more than 10 headstones per pallet. It is preferred that all headstones be placed on their sides on the pallet and secured using the methods above.

Protruding metal fasteners must be replaced to avoid tearing the packaging or scratching the monument(s’) surface.

The Contractor shall ensure non-coloring materials are used for packing and that packing materials are not prone to compression which may cause load shifts or damage from the ensuing loose banding.

The monuments shall be packed in such a manner that any adhesive, glue, or coloring from the packaging does not transfer and adhere to the stone during shipment or during interim storage prior to use. All monuments and packing material shall be contained within the dimensions of the pallet with no overhang. The Contractor shall palletize multiple monuments on pallets in good repair with three stringers having lift access capability from all four directions.

7.4 Labeling: The Contractor shall provide a packing list or a shipping label for all packaged monuments. The label shall be at least five (5) inches wide by four (4) inches long with the Order Number, Last Name of the Veteran, and Consignee. Labels shall be completely adhered to the front of the package and shall be over-coated with transparent adhesive tape that completely covers the label to prevent removal, smearing or blurring of the information. Shipping labels shall not be covered or obscured in any way by individual packaging or banding materials that would make the labels unreadable.

For multiple orders that have been palletized, a packing list shall be included and attached to the outside of the shrink-wrapped pallet. The packing list shall include all headstones packed on the pallet: Order Number, Last name of the Veteran and Consignee. Use of a plastic, sealable pouch for the packing list is required to help ensure the packing list is not removed or torn during transit.

In addition, the Contractor shall ensure the commercial bill of lading is notated with the following statements:

“the palletized headstones must be moved to the rear of the delivery vehicle to ensure the ability of the receiving business to offload the pallet using a forklift”

7.5 Special Crating within CONUS: Shipments in well packed wooden crates will occasionally be required for delivery of headstones to destinations within continental United States. This is different than the routine crating that is required for shipments to overseas destinations. Special crating for CONUS shipments may be required under one or more of the following circumstances:

· Previous orders of the same monument were repeatedly damaged during transport,

· Extra assurance of undamaged delivery is desirable due to unusual media coverage,

· Extra assurance of undamaged delivery is instigated through congressional inquiry, or late discovery of a prior monument having been lost or grievously mis-inscribed.

Special crating is in addition to the routine crating specified for overseas shipments.

7.6 At Arrival: The cemetery is responsible for inspecting and eliminating product that is chipped, cracked and stained. Product received shall be free of ink, oil, crayon marks, dirt, tape, adhesives and coatings.

All product that does not meet the specifications will be considered scrap and the quantity will be reported by the cemetery to contracting and to MPSProgSupport@va.gov. The Contractor is responsible for the costs of shipping items sent back as unacceptable or disposing of product which is scrapped on site. Any item that is delivered broken to the cemetery shall be replaced at Contractor expense. MPS reserves the right to notify the contractor by email within 5 days of any markers damaged during transportation. Upon notification, MPS will direct the cemetery to place a re-order in BOSS and a new shipment order # will be generated. MPS will inform the Contractor of the new shipment order # and the Contractor shall inscribe and re-ship at no cost to the government. Upon notification, the Contractor shall replace the damaged monuments within ten (10) calendar days from the date the e-mail was sent by MPS to the Contractor.

8.0 Government Quality Assurance (QA)

8.1 Inspections: Quality assurance (QA) inspections of the Contractor’s manufacturing facility and products may be performed to assure satisfactory contract performance. The Government reserves the right to inspect the quality of blanks and the inscription process without prior scheduling or notifications to the Contractor.

During each QA visit at production sites, a complete assessment of the Contractor’s operation shall be made, to include the following areas:

· Packaging and palletizing of product that promotes damage-free shipments and compliant with all contractual requirements.

· Execution of quality control procedures.

· Maintaining QA records as required, with the records indicating the quality of the headstones as shipped.

When at the Contractor’s production facility, the Contractor shall assist the designated COR by providing an adequate, well lighted inspection area. Contractor personnel must provide assistance lifting, handling and moving of product.

8.2 Quality System: The Contractor must develop and maintain a written inspection system that documents the quality and timeliness of finished products. The Contractor shall provide, to the COR, weekly reports on the Contractor’s processing and delivery of orders to the carrier which shall be emailed to MPSProgSupport@va.gov, attention to the designated COR by the close of business, Tuesday of the next week. Should this day fall on a holiday, the report must be submitted no later than the next business day. Each report must include the following information (refer to Attachment 3 attached):

Weekly Status Report:

Complete top portion of report:

· Contractor name

· Contract #

· Obligation # Data from daily orders:

· Location: (cemetery name)

· First Name: (Veteran)

· Last Name: (Veteran)

· CBL: (i.e., VVU)

· Order #: (i.e., 13111)

· Date Order Received: (date email received from MPS) Data from Contractor:

· Date Est Cmp: (estimated completion date-15 calendar days)

· Date Cancelled: (date notified by MPS to cancel order)

· Date Completed: (completion = date shipped to consignee)

· Tracking Number: (assigned by the transportation carrier)

· Delivery Date: (date consignee signed for shipment)

· Received By: (individual who signed for shipment)

· Notes: (use this for any exceptions or issues)

If any order is completed late or projected to be completed beyond the contractually required due date, the Contractor must identify the reason(s) for the delinquency, what actions are underway to resolve the tardiness, and the projected future date for completion (projected completion dates which are before the reporting date are unacceptable).

8.3 Quality Complaints: The receipt of complaints concerning unsatisfactory quality or non-compliance with the contract specifications shall be considered reason for an immediate visit and review of the Contractor’s quality assurance program. The Government reserves the right to inspect 100% of the production for an indefinite period due to quality problems. Indicative, but not all-inclusive, examples of issues meriting inspection are:

· Nonconforming product shipped to fill Government orders.

· The COR rejecting product that passed the Contractor’s inspection system, but product is still awaiting shipment.

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

o Inspection system o Inspection personnel o Manufacturing process o Production control o Planning and scheduling o Craftsmanship o Safety o Knowledge/training of processes and measuring tools o Multiple reorders of same order due to loss or damage from inadequate labeling or palletizing.

The designated COR of the MPS Program Support Unit or a designated inspector for this contract shall inform the Contractor of the deficiencies. A site inspection report shall be generated by the inspecting COR and the COR shall discuss with the Contractor what corrective action(s) shall be taken and when the corrective action shall be taken. When an issue(s) arise regarding a monument not meeting the specified standards and the issue(s) cannot be resolved between the Contractor and the Government, the Contracting Officer shall make a final determination as to whether the monument shall be replaced at the Contractor’s expense or at the Government’s expense.

9.0 Processing of Orders and Time of Delivery:

Contractors shall provide a single email address for electronically receiving orders. Orders shall be electronically distributed by MPS to the Contractor’s provided email address, Monday thru Friday. Contractors shall manufacture and ship individual orders on a first in/first out basis. Each order for Normal Delivery shall be produced in numerical sequence, by shipment number.

9.1 Normal Delivery: All headstones shall be manufactured and delivered to the consignee within (15) calendar days following the date the order was sent by Memorial Products Services (MPS).

9.2 Accelerated Deliveries: All headstones identified for accelerated delivery (sometimes referred to as 10-day specials) shall be moved to the front of the production queue but behind any previous orders flagged as 10-day specials. The Contractor shall provide this service for accelerated production at no additional cost beyond the standard unit cost offered by the vendor.

9.3 Accelerated Request (Casualties of War): It is the goal of NCA to ensure the grave of active duty service members who die as a result of enemy action is marked on the day of interment. When the cemetery director is made aware of a pending burial request for a U.S. casualty of war, they will provide to MPS the inscription who will in turn contact the Contractor to expedite the order. The Government will provide the inscription to the Contractor with not less than (2) calendar days advance notification and advise the Contractor when the inscription needs to be completed and delivered. All inscriptions identified as an accelerated delivery shall be provided at no additional cost to the government for the accelerated processing. Transportation costs in excess of normal delivery costs will be submitted to MPS for approval.

9.4 Replacement In-Kind: The intent is to replicate a pre-existing inscription. In-kind replacements must be provided at no additional cost beyond the standard unit cost offered by the vendor. The cemetery will provide a photo to MPS to ensure the replacement reflects the inscription of the original headstone.

9.5 Inscription Corrections/Cancellations of Orders: Occasionally, it shall be necessary to request a correction, change, or cancellation be made after an order is sent to the Contractor. These corrections/changes/cancellations shall be forwarded by email to the Contractor only by the MPS Program Support Unit and within one (1) calendar day from the date the Contractor received the order. The Contractor shall be required to respond to each emailed request from the MPS Program Support Unit within one (1) business day from the date the request was sent.

10.0 FOB Destination Procedure and Responsibilities:

The transportation for the product produced and shipped to consignees is the responsibility of the Contractor. The cost(s) that should be considered by the Contractor are below:

· Basic transportation cost from Contractor facility to consignee’s address stated on the order.

· Contractor or transportation carrier shall contact the consignee 24 hours before delivery to ensure the consignee is available. If after (3) attempts or (5) business days and no contact has been established with the consignee, the Contractor should contact MPS for disposition of the shipment.

· Consignee (funeral home, cemetery, next of kin) refuses delivery of shipment – contact MPS for disposition of shipment.

· Accessorial charges that the Contractor could include:

· Redelivery – consignee’s address is incorrect; business closed; consignee not available to sign for shipment

· Reconsignment – consignee’s address is changed or revised by the Government

· Inside delivery – delivery of product to inside of business or residence.

· Lift gate – cemetery does not have equipment to off-load shipment and the transportation driver requires a lift gate on the back of truck/trailer to off-load shipment.

NOTE: If there is a noticeable trend of damaged shipments caused by a specific transportation carrier and/or driver, MPS shall recommend that the carrier be eliminated as one of the Contractor’s carriers.

11.0 Procedures (Administrative and Other)

11.1 Government Responsibilities: Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract shall require coordination between the Government and the Contractor. The Contracting Services shall provide, at the time of the contract’s award, the name of one or more individuals authorized to act as Contracting Officer’s Representatives (CORs) during the coordination.

11.2 Contractor Records and Files: The Contractor shall maintain records and files of all documents relating to each order filled under each Government Headstone and Marker contract. These records shall include, at minimum, copies of all orders, quality assurance records, inspection results, shipping documents (bearing carrier’s name and PRO tracking numbers) and invoices. These records shall be made available, upon request.

11.3 Government Headstone and Marker Drawings: The Contractor shall ensure copies of all relevant Government drawings for production of monuments are maintained on file and are available to the designed COR, upon request, during on-site Quality Assurance inspections.

11.4 Completion point for products delivered FOB destination: The Contractor’s responsibilities are deemed complete upon acceptance by the Government.

11.5 Invoicing: Invoicing in arrears after acceptance. The contractor shall bear all charges to the point of destination.

12.0 Performance Evaluation

a. Normally, the COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

b. If the Government created any of the discrepancies, these will not be counted against the Contractor's performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the COR will forward a written notice to the responsible organizational element requesting corrective action be taken.

c. When the Contractor is not meeting the acceptable limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

When a CDR is issued for a service, the Contracting Officer and/or the COR may exercise any contractual remedy available for non-performance, in accordance with FAR 52.212-4, “Inspection and Acceptance”. When a CDR is received, the Contractor shall complete the applicable CDR blocks. The Contracting Officer will evaluate the Contractor's explanation and determine the next course of action.

d. The issuance of a Contract Discrepancy Report (CDR), found in Attachments, may be cause for the scheduling of a meeting among the Contractor, Contracting Officer, and the COR. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, Contracting Officer, and the COR will sign minutes of the meeting(s).

e. Should the Contractor not concur with the minutes, they will so state their objections in writing to the Contracting Officer, within ten calendar days, and also explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor's non-concurrence and make a decision to revise or uphold the comments as written. The Contracting Officer will notify the Contractor of the decision in writing within ten calendar days of submission of any objections.

f. After a CDR is given and the vendor's plan accepted by the CO/MPS COR the vendor shall have 1 month to carry-out the plan. After 30 calendar days, if there are any examples of missed standards then a remedy shall apply.

g, If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, further actions may be considered including, but not limited to termination for default. If the Contractor only achieves a partial satisfactory performance by the end of the next period or agreed suspense date, other remedies including penalties may be applied.

13.0 Employee Requirements

a. The Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work. All work performed shall be done in a first-class manner and in accordance with good commercial practices.

b. Small Business set-aside: all of the awardee’s managerial/supervisory employees including those on site in supervisory roles shall be direct hires of the Prime Contractor. Labor shall be employed such that 50% of the actual salaries and wages for all time of all labor attributed to this contract are from actual Prime Contractor employees.

c. Labor Force and Equipment: The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Contractor shall be responsible to provide all labor and equipment as necessary to meet deadlines. The Contractor will provide all necessary resources to complete the efforts assigned under the scope of this contract.

END STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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).

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

(C) Affected line item…