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36C78621Q0246

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

F36C786-22-0000004 36C78621Q0246 08-06-2021

SHERYL PALACIO-DAVIS

1-703-630-9343 08-27-2021 13:00

EDT

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 X X 339999 500 Employees

"NA"

N/A X

NATIONWIDE DISTRIBUTION

SEE SPECS & STATEMENT OF WORK (SOW)

43C1 - MPS

Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 See CONTINUATION Page Contractor Shall provide, assemble, package, and deliver the stated quantities of Presidential Memorial Certificate (PMC) Holders to the required National Cemeteries; In Accordance With (IAW), SOW, Specs, Exhibits and ALL Attachments.

QUOTE DUE DATE: 27 AUGUST 2021 @ 1:00 P.M. (EST).

ALL INTERESTED PARTIES MUST SUBMIT HIS OR HER COMPANY'S

CASPABILITY STATEMENT WITH THEIR QUOTE.

DUNS# ____________________

TAX ID#____________________

E-MAIL:____________________

PHONE# ___________________

COMPANY'S POC'S NAME & TITLE:

**This is a 100% Small Business (SB) Set-Aside Procurement** See CONTINUATION Page X X Sheryl Palacio-Davis Contracting Officer

TABLE OF CONTENTS

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
Contract Administration: All contract administration matters will be handled by the following individuals:4
16. NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:7
B.2 STATEMENT OF WORK - SOW10
B.3 EXHIBITS 1 THRU 313
B.4 ATTACHMENTS 114
FT. RICHARDSON NATIONAL CEMETERY14
SAN JOAQUIN VALLEY NATIONAL CEMETERY14
EAGLE POINT NATIONAL CEMETERY14
ROSEBURG NATIONAL CEMETERY14
RIVERSIDE NATIONAL CEMETERY14
SACRAMENTO VALLEY NATIONAL CEMETERY14
TAHOMA NATIONAL CEMETERY14
NATIONAL MEMORIAL CEMETERY OF THE PACIFIC14
GOLDEN GATE NATIONAL CEMETERY14
LOS ANGELES NATIONAL CEMETERY14
NATIONAL MEMORIAL CEMETERY OF ARIZONA14
WILLAMETTE NATIONAL CEMETERY14
MIRAMAR NATIONAL CEMETERY14
BAKERSFIELD NATIONAL CEMETERY14
SANTA FE NATIONAL CEMETERY14
FT. BAYARD NATIONAL CEMETERY14
ALABAMA NATIONAL CEMETERY15
FT. MITCHELL NATIONAL CEMETERY15
BARRANCAS NATIONAL CEMETERY15
CAMP NELSON NATIONAL CEMETERY15
LEBANON NATIONAL CEMETERY15
ZACHARY TAYLOR NATIONAL CEMETERY15
CAPE CANAVERAL NATIONAL CEMETERY15
CHATTANOOGA NATIONAL CEMETERY15
NASHVILLE NATIONAL CEMETERY15
BILOXI NATIONAL CEMETERY16
NATCHEZ NATIONAL CEMETERY16
B.5 PRICE/COST SCHEDULE21
ITEM INFORMATION21
ITEM INFORMATION21
OPTION YEAR ONE (1) OCTOBER 1, 2022 - SEPTEMBER 30, 202321
ITEM INFORMATION21
Option Year Two (2) October 1, 2023 - September 30, 202421
ITEM INFORMATION22
Option Year Three (3): October 1, 2024 - September 30, 202522
ITEM INFORMATION22
Option Year Four (4): October 1, 2025 - September 30, 202622
B.6 DELIVERY SCHEDULE22
B.7 SBA ACT 8(d)(13)(B)23
B.8 DIGNITY CLAUSE23
SECTION C - CONTRACT CLAUSES25
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)25
C.2 52.216-18 ORDERING (AUG 2020)30
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)31
C.4 52.216-21 REQUIREMENTS (OCT 1995)32
C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)32
C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)33
C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)34
C.8 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)35
C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)36
C.10 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)36
C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)36
C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)36
C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)38
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS46
SECTION E - SOLICITATION PROVISIONS47
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021)47
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)51
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)54
E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)54
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)54
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)55
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)55

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

1. CONTRACTOR: TBD

1. GOVERNMENT:

Contracting Officer (CO): Sheryl Palacio-Davis U.S. Department of Veterans Affairs National Cemetery Administration (NCA) Contracting Service (43C) 18434 Joplin Rd Triangle, VA 22172 Business NO. 1-703-630-9343 Sheryl.palacio-Davis@va.gov

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

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

1. INVOICES: Invoices shall be submitted electronically

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

a. Quarterly[ ]
b. Semi-Annually[ ]
c. Other[X] 30 Days

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.

· Contractor Information (Name, Complete Address, Telephone Number)

· Date of Invoice.

· Unique Invoice Number.

· 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.

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

· 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).

· Total Dollar Amount Invoiced.

· 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.

1. 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).

1. TYPE OF CONTRACT: This is a Firm Fixed-Price requirement contract in accordance with FAR 52.216-1 Type of Contract.

1. CONTRACT AWARD: The contract will become effective as soon as practical with no additional cost to the Government for any elapsed time from the original effective date. It is also, understood and agreed that the effective date of this contract will be contingent upon the availability of appropriated funds and in the event, appropriations are not available.

1. ACKNOWLEDGEMENT OF AMENDMENTS:

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

AMENDMENT NO
DATE

1. 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.

1. METHOD OF ISSUING DELIVERY ORDERS

· 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.

· 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.

· 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.

· NOTICE TO PROSPECTIVE CONTRACTOR(S): Prospective awardees SHALL be registered with SAM at http://www.betaSAM.gov Prior to Award and through final payment, and the Online Representations and Certifications Application (ORCA) at http://www.betaSAM.gov prior to award and through final payment. Contract will not be awarded until SAM registration has been completed.

1. AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as the Contracting Officer's Representatives (COR). Only the Contracting Officer has the authority to make changes to the contract.

1. FEDERAL HOLIDAYS:

January
New Year’s Day & Martin Luther King’s Birthday
February
President’s Day
May
Memorial Day
June
Juneteenth Independence Day
July
Independence Day
September
Labor Day
October
Columbus Day
November
Veterans Day & Thanksgiving Day
December
Christmas Day

Including any other day specifically declared by the President of the United States to be a national holiday.

14. LIMITATIONS ON SUBCONTRACTING – MONITORING AND COMPLIANCE:

This contract includes (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. The Contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor’s offices where the contractor’s business records, or other proprietary data are retained and to review such business records regarding the contractor’s compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining Access to Proprietary Information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.

15. RELEASE OF CLAIMS:

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relation to the contract. The Release of Claims form provided by the CO shall be used for this purpose. The form provides for exception of specified claims from the operation of release. Request a copy from the CO.

16. NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

1. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

1. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

1. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

1. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

1. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

1. All information provided should be reviewed for accuracy prior to submission.

1. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

1. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

1. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

1. The following guidelines apply concerning your use of the past performance evaluation:

0. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

0. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

[END OF ADMINISTRATION DATA]

VENDOR GUIDE FOR THIS RFP FOR YOUR INSTRUCTION.

All Quotes shall be submitted through the betaSAM.gov & 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

1. 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.

1. 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.

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

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

· Complete Contract Admin. & Section B.5 - PRICE/COST SCHEDULE

· Complete Business Management Questionnaire/Past Performance (Attached) Note, Prospective Offerors Shall Also be registered with the System for Award Management (SAM) website and complete representations and certifications at https://www.betaSAM.gov Failure to submit all required documentation may result in your Quote being determined Not Technically Acceptable and removed from further consideration.

NOTE: Please See Attachment for Instructions how to utilize the Vendor Portal.

B.2 STATEMENT OF WORK - SOW

STATEMENT OF WORK (SOW)

1. Background The Department of Veterans Affairs (VA), National Cemetery Administration (NCA) furnishes headstones, markers, medallions, niche covers and Presidential Memorial Certificates (PMC) for deceased Veterans. These burial benefits are provided to all US eligible Veterans worldwide. Memorial headstones, markers, and niche covers are also furnished to memorialize Veterans whose remains are non-recoverable.

At the direction of the Under Secretary for Memorial Affairs and the Secretary of the Department of Veteran Affairs, NCA is now presenting PMC to the next of kin (NOK) during attended committal services at One Hundred (100) of the 153 VA National Cemeteries.

This initiative is a part of the VA Secretary's Modernization Initiative and NCA's Long Range Goal of increasing access to products and services, improving the timeliness and delivery of burial and memorial benefits, and improving the overall experience for the families and loved ones who chose burial at a VA National or State Veterans Cemetery.

2. Purpose The purpose of this contract is to provide Presidential Memorial Certificate (PMC) Holders to participating NCA National Cemeteries listed in Attachment A.

Exhibit 1 Exhibit 2 Exhibit 3

3. CONTRACT PERFORMANCE PERIOD

BASED PERIOD- OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022

OPTION YEAR ONE- OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023

OPTION YEAR TWO-OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024

OPTION YEAR THREE- OCTOBER I, 2024 THROUGH SEPTEMBER 30, 2025

OPTION YEAR FOUR- OCTOBER I, 2025 THROUGH SEPTEMBER 30, 2026

4. Specification - PMC Holder material list:

a) PMC Holder: The Holder is Navy Blue in color and should measure 9 inches in width, 11 1/2 inches in length with a ½” (inch) spine. The dimensions are specified to accommodate a standard 8.5" x l l" Presidential Memorial Certificate (PMC). Centered on the front facing cover of the document Holder is the logo for Department of Veterans Affairs embossed in golden. The standard logo depicts the 5-star Eagle holding two crossed American Flags in its talons. The design is surrounded by "DEPARTMENT OF VETERANS AFFAIRS" above the graphic, and "UNITED STATES OF AMERICA" completing the circular design below the graphic and the entire design is then surrounded by a rope design. (Exhibit 1)

b) The front and rear outward facing sides of the document Holder are embossed with a double-edged outline visually implying a document frame outline. (Exhibit 2)

c) The interior of the Holder is lined with a white silk fabric and when the Holder is opened the interior font facing surface is equipped with four material corner supports that are installed to support the individual corners of the document that is inserted into the Holder. (Exhibit 3) The orientation of the document Holder is a vertical book Holder and each Holder comes equipped with a clear 8.5" x 11" acetate document protector.

d) Packaged in boxes of 30 Holders along with 30 acetate sheets.

5. SCOPE:

The contractor will purchase, assemble, package, and deliver the stated quantities of Presidential Memorial Certificates Holders to the required cemeteries as listed in Attachment “A” within the first 10 calendar days of each month after the Award date.

After the initial delivery, the contractor will receive an email at the beginning of each fiscal quarter (January, April, July), with an updated Attachment 1 revising quantities for each of the participating cemeteries for the quarter, if needed or adding new cemeteries to the list. Deliveries are expected to be received by the participating cemetery by or before the 10th day of each calendar month thereafter. If the tenth day of the month falls on an observed federal holiday, then the contractor is required to schedule the delivery so that it is received by the cemetery either before the 10th day of the month or within 2 business days of the observed federal holiday.

6. DESTINATION

The contractor shall deliver PMC Holders in the designated quantities to the VA Cemetery as shown in the attachment. (Attachment 1). All products must be shipped and billed FOB Destination. Delivery confirmation is to be sent for all shipments to the listed Points of Contact. The Government reserves the right to add additional Cemeteries or remove Cemeteries from Attachment 1 and to adjust monthly shipment quantities as needed to meet Government needs.

7. WORKMANSHIP

The contractor shall be responsible for the overall quality of the PMC Holders and upon notification of any detective Holder due manufacturing defect or shipping damage; the contractor agrees to replace the impacted Holder(s) with the cemetery's next monthly shipment. The contractor will provide the Program Coordinator with a monthly report of any returned/replaced detective Holders each calendar month.

8. PACKAGING SPECIFICATIONS

The Contractor shall:

a) Purchase supplies, manufacture, assemble, and store for shipment, the navy blue NCA PMC Presentation Holders in quantities enough to meet monthly shipment requirements as outlined in Attachment 1.

b) Be responsible for conducting business, between the hours of 8:00am and 4:30pm, Eastern Standard Time, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

c) The Contractor shall label all shipped supplies with the name and address (including building and room number) of the National Cemetery’s key office personnel.

d) The contractor shall label each box shipped with the quantity of boxes shipped (i.e., 1 of 2, 2 of 2, etc.) to the cemetery.

e) Package (box) each shipment in quantities of 25 Holders and acetates. The minimum a cemetery will receive is 1 box of 30 Holders.

f) Ensure that each box shipped to the cemetery’s noted in Attachment 1 shall minimally contain enough acetate sheets for each Holder shipped in the box plus 10%, (i.e., if 30 Holders are shipped, the box must also contain a package of 33 acetate sheets). Each Acetate package should be clearly marked and included within each box of Holders in a separate envelope.

B.3 EXHIBITS 1 THRU 3

EXHIBITS OF PMC: EXHIBIT #1 THRU EXHIBIT #3

Exhibit 1 Exhibit 2. Exhibit 3

B.4 ATTACHMENTS 1

List below are the initial starting quantities which will be distributed to each Cemetery in October 2021. The shipment should be delivery within 10 Calendar Days of the beginning of each month.

Station #
Cemetery Name
Address
Initial Quantity
910
FT. RICHARDSON NATIONAL CEMETERY

Building 58-512, Davis Highway Fort Richardson, AK 99505 Phone: (907) 384-7075

913
SAN JOAQUIN VALLEY NATIONAL CEMETERY

32053 West McCabe Road Santa Nella, CA 95322 Phone: (209) 854-1040

906
EAGLE POINT NATIONAL CEMETERY

2763 Riley Road Eagle Point, OR 97524 Phone: (541) 826-2511

902
ROSEBURG NATIONAL CEMETERY

913 NW Garden Valley Blvd Roseburg, OR 97471 Phone: (541) 677-3152

901
RIVERSIDE NATIONAL CEMETERY

22495 Van Buren Boulevard Riverside, CA 92518 Phone: (951) 653-8417

921
SACRAMENTO VALLEY NATIONAL CEMETERY

5810 Midway Road Dixon, CA 95620-9735 Phone: (707) 693-2460

919
TAHOMA NATIONAL CEMETERY

18600 Southeast 240th Street Kent, WA 98042-4868 Phone: (425) 413-9614

899
NATIONAL MEMORIAL CEMETERY OF THE PACIFIC

2177 Puowaina Drive Honolulu, HI 96813-1729 Phone: (808) 532-3720

895
GOLDEN GATE NATIONAL CEMETERY

1300 Sneath Lane San Bruno, CA 94066 Phone: (650) 589-7737

898
LOS ANGELES NATIONAL CEMETERY

950 South Sepulveda Blvd Los Angeles, CA 90049 Phone: (310) 268-4675

914
NATIONAL MEMORIAL CEMETERY OF ARIZONA

23029 North Cave Creek Road Phoenix, AZ 85024 Phone: (480) 513-3600

907
WILLAMETTE NATIONAL CEMETERY

11800 SE Mt. Scott Boulevard Portland, OR 97086-6937 Phone: (503) 273-5250

992
MIRAMAR NATIONAL CEMETERY

5796 Nobel Drive San Diego, CA 92122 Phone: (858) 658-7360

929
BAKERSFIELD NATIONAL CEMETERY

30338 East Bear Mountain Boulevard Arvin, CA 93202 Phone: (661) 867-2250

904
SANTA FE NATIONAL CEMETERY

501 North Guadalupe Street Santa Fe, NM 87501 Phone: (505) 988-6400

885
FT. BAYARD NATIONAL CEMETERY

200 Camino de Paz Fort Bayard, NM 88036 Phone: (575) 537-3982

927
ALABAMA NATIONAL CEMETERY

3133 Highway 119 Montevallo, AL 35115 Phone: (205) 665-9039

908
FT. MITCHELL NATIONAL CEMETERY

553 Highway 165 Fort Mitchell, AL 36856 Phone: (334) 855-4731

828
BARRANCAS NATIONAL CEMETERY

Naval Air Station, 1 Cemetery Road Pensacola, FL 32508-1054 Phone: (850) 453-4108/4846

833
CAMP NELSON NATIONAL CEMETERY

6980 Danville Road Nicholasville, KY 40356 Phone: (859) 885-5727

856
LEBANON NATIONAL CEMETERY

20 Highway 208 Lebanon, KY 40033 Phone: (270) 692-3390

883
ZACHARY TAYLOR NATIONAL CEMETERY

4701 Brownsboro Road Louisville, KY 40207 Phone: (502) 893-3852

934
CAPE CANAVERAL NATIONAL CEMETERY

5525 U.S. Hwy 1 Mims, FL 32754 Phone: (321) 383-2638

835
CHATTANOOGA NATIONAL CEMETERY

1200 Bailey Avenue Chattanooga, TN 37404 Phone: (423) 855-6590

865
NASHVILLE NATIONAL CEMETERY

1420 Gallatin Road, South Madison, TN 37115-4619 Phone: (423) 855-6590

843
FLORENCE NATIONAL CEMETERY

803 East National Cemetery Road Florence, SC 29506 Phone: (843) 669-8783

911
FLORIDA NATIONAL CEMETERY

6502 SW 102nd Avenue Bushnell, FL 33513 Phone: (352) 793-7740/1074

830
BAY PINES NATIONAL CEMETERY

10000 Bay Pines Boulevard St. Petersburg, FL 33708 Phone: (727) 319-6479

930
FT. JACKSON NATIONAL CEMETERY

4170 Percival Road Columbia, SC 29229 Phone: (866) 577-5248 or (803) 699-2246

831
BEAUFORT NATIONAL CEMETERY

1601 Boundary Street Beaufort, SC 29902-3947 Phone: (843) 524-3925

922
GEORGIA NATIONAL CEMETERY

2025 Mount Carmel Church Lane Canton, GA 30114 Phone: (770) 479-9300

928
JACKSONVILLE NATIONAL CEMETERY

4083 Lannie Road Jacksonville, FL 32218-1247 Phone: (904) 766-5222

860
MEMPHIS NATIONAL CEMETERY

3568 Townes Avenue Memphis, TN 38122 Phone: (901) 386-8311

838
CORINTH NATIONAL CEMETERY

1551 Horton Street Corinth, MS 38834 Phone: (901) 386-8311

864
MOUNTAIN HOME NATIONAL CEMETERY

215 Heroes Drive Mountain Home, TN 37684 Phone: (423) 979-3535

871
PUERTO RICO NATIONAL CEMETERY

50 Avenida Cementerio Nacional Bayamon, PR 00961 Phone: (787) 798-8400

931
SARASOTA NATIONAL CEMETERY

9810 State Road 72 Sarasota, FL 34241 Phone: (941) 922-7200

924
SOUTH FLORIDA NATIONAL CEMETERY

6501 South State Road 7 Lake Worth, FL 33449 Phone: (561) 649-6489v

937
TALLAHASSEE NATIONAL CEMETERY

5015 Apalachee Parkway Tallahassee, FL 32311 Phone: (850) 402-8941

832
BILOXI NATIONAL CEMETERY

400 Veterans Avenue Bldg. 1001 Biloxi, MS 39531-2410 Phone: (228) 388-6668

866
NATCHEZ NATIONAL CEMETERY

41 Cemetery Road Natchez, MS 39120 Phone: (601) 445-4981

945
CHEYENNE NATIONAL CEMETERY
8611 Hildreth Rd.

Cheyenne, WY 82009 Phone: (307) 778-7316

916
DALLAS - FT. WORTH NATIONAL CEMETERY
2000 Mountain Creek Parkway

Dallas, TX 75211 Phone: (214) 467-3374

842
FAYETTEVILLE NATIONAL CEMETERY
700 Government Avenue

Fayetteville, AR 72701 Phone: (479) 442-2566

886
FT. BLISS NATIONAL CEMETERY
5200 Fred Wilson Avenue

El Paso, TX 79906 Phone: (915) 564-0201

844
FT. GIBSON NATIONAL CEMETERY
1423 Cemetery Road

Fort Gibson, OK 74434 Phone: (918) 478-2334

920
FT. SILL NATIONAL CEMETERY
2648 NE Jake Dunn Road

Elgin, OK 73538 Phone: (580) 492-3200

847
FT. SMITH NATIONAL CEMETERY (& LITTLE ROCK)
522 Garland Avenue

Fort Smith, AR 72901 Phone: (479) 783-5345

846
FT. SAM HOUSTON NATIONAL CEMETERY
1520 Harry Wurzbach Road

San Antonio, TX 78209 Phone: (210) 820-3891

888
FT. LOGAN NATIONAL CEMETERY
4400 West Kenyon Avenue

Denver, CO 80236 Phone: (303) 761-0117

851
HOUSTON NATIONAL CEMETERY
10410 Veterans Memorial Drive

Houston, TX 77038 Phone: (281) 447-8686

970
LOUISIANA NATIONAL CEMETERY (& PORT HUDSON, BATON ROUGE, ALEXANDRIA)
303 W. Mount Pleasant Road

Zachary, LA 70791 Phone: (225) 654-1988

933
PIKES PEAK NATIONAL CEMETERY (& FT. LYON)
10545 Drennan Road

Colorado Springs, CO 80925 Phone: (719) 216-1025

802
BALTIMORE NATIONAL CEMETERY
5501 Frederick Avenue

Baltimore, MD 21228 Phone: (410) 644-9696

803
BATH NATIONAL CEMETERY
VAMC, San Juan Avenue

Bath, NY 14810 Phone: 607-664-4853

805
CALVERTON NATIONAL CEMETERY
210 Princeton Boulevard

Calverton, NY 11933-1031 Phone: (631) 727-5410/5770

839
CULPEPER NATIONAL CEMETERY
305 U.S. Avenue

Culpeper, VA 22701 Phone: (540) 825-0027

850
HAMPTON NATIONAL CEMETERY
VAMC, Emancipation Drive

Hampton, VA 23667 Phone: (757) 723-7104

845
FT. HARRISON NATIONAL CEMETERY
8620 Varina Road

Richmond, VA 23231 Phone: (804) 795-2031

813
INDIANTOWN GAP NATIONAL CEMETERY
60 Indiantown Gap Road

Annville, PA 17003-9618 Phone: (717) 865-5254

815
LONG ISLAND NATIONAL CEMETERY
2040 Wellwood Avenue

Farmingdale, NY 11735-1211 Phone: (631) 454-4949

818
MASSACHUSETTS NATIONAL CEMETERY
Off Connery Avenue

Bourne, MA 02532 Phone: (508) 563-7113

944
ACADIA NATIONAL CEMETERY
1799 U.S. Route 1

Jonesboro, ME 72404 Phone: (508) 563-7113

925
NATIONAL CEMETERY OF THE ALLEGHENIES
1158 Morgan Road

Bridgeville, PA 15017 Phone: (724) 746-4363

872
QUANTICO NATIONAL CEMETERY
18424 Joplin Road (Route 619)

Triangle, VA 22172 Phone: (703) 221-2183

876
SALISBURY NATIONAL CEMETERY
501 Statesville Boulevard

Salisbury, NC 28144 Phone: (704) 636-2661

917
GERALD B.H. SOLOMON SARATOGA NATIONAL CEMETERY
200 Duell Road

Schuylerville, NY 12871-1721 Phone: (518) 581-9128

926
WASHINGTON CROSSING NATIONAL CEMETERY
830 Highland Road

Newtown, PA 18940 Phone: (215) 504-5610

912
WEST VIRGINIA NATIONAL CEMETERY
42 Veterans Memorial Lane

Grafton, WV 26354 Phone: (304) 265-2044

936
WESTERN NEW YORK NATIONAL CEMETERY
1254 Indian Falls Road

Corfu, NY 14036 Phone: (585) 297-1300

915
ABRAHAM LINCOLN NATIONAL CEMETERY
20953 West Hoff Road

Elwood, IL 60421 Phone: (815) 423-9958

828
WOOD NATIONAL CEMETERY
5000 West National Avenue, Bldg. 1301

Milwaukee, WI 53295-4000 Phone: (414) 382-5300

953
FT. SHERIDAN NATIONAL CEMETERY
Vatner Road

Fort Sheridan, IL 60037 Phone: (224) 610-7296

884
BLACK HILLS NATIONAL CEMETERY
20901 Pleasant Valley Drive

Sturgis, SD 57785 Phone: (605) 347-3830

806
CAMP BUTLER NATIONAL CEMETERY
5063 Camp Butler Road

Springfield, IL 62707 Phone: (217) 492-4070

809
DANVILLE NATIONAL CEMETERY
1900 East Main Street

Danville, IL 61832 Phone: (217) 554-4550

810
DAYTON NATIONAL CEMETERY
4400 W. Third Street

Dayton, OH 45428 Phone: (937) 268-2221

817
MARION NATIONAL CEMETERY
VAMC, 1700 East 38th Street

Marion, IN 46952 Phone: (765) 674-0284

909
FT. CUSTER NATIONAL CEMETERY
15501 Dickman Road

Augusta, MI 49012 Phone: (269) 731-4164

894
FT. SNELLING NATIONAL CEMETERY
7601 34th Avenue, South

Minneapolis, MN 55450-1199 Phone: (612) 726-1127

939
NORTHWOODS NATIONAL CEMETERY
4520 Lakewood Road

Harshaw, WI 54529 Phone: (612) 726-1127

940
FARGO NATIONAL CEMETERY
8709 40th Ave. N, County Road 20

Harwood, ND 58042 Phone: (701) 451-4650

923
GREAT LAKES NATIONAL CEMETERY
4200 Belford Road

Holly, MI 48442 Phone: (248) 328-0386

852
JEFFERSON BARRACKS NATIONAL CEMETERY
2900 Sheridan Road

St. Louis, MO 63125 Phone: (314) 845-8320

64
MOUND CITY (LEAVENWORTH NATIONAL CEMETERY

(Soldiers Cemetery) Mound City, KS 66506 Phone: (913) 727-1376

879
SPRINGFIELD NATIONAL CEMETERY
1702 East Seminole Street

Springfield, MO 65804 Phone: (417) 881-9499

897
LEAVENWORTH NATIONAL CEMETERY
150 Muncie Road

Leavenworth, KS 66048 Phone: (913) 727-1376

887
FT. LEAVENWORTH NATIONAL CEMETERY
395 Biddle Boulevard

Fort Leavenworth, KS 66027 Phone: (913) 727-1376

893
FT. SCOTT NATIONAL CEMETERY
900 East National Avenue

Fort Scott, KS 66701-2954 Phone: (620) 223-2840

935
OMAHA NATIONAL CEMETERY
14250 Schram Road

Omaha, NE 68138 Phone: (402) 253-3949

890
FT. MCPHERSON NATIONAL CEMETERY
12004 S Spur 56A

Maxwell, NE 69151-1031 Phone: (308) 582-4433

918
OHIO WESTERN RESERVE NATIONAL CEMETERY
10175 Rawiga Road

Seville, OH 44273 Phone: (330) 335-3069

821
ROCK ISLAND NATIONAL CEMETERY
Rock Island Arsenal, Bldg. 118

Rock Island, IL 61299-7090 Phone: (309) 782-2094

814
KEOKUK NATIONAL CEMETERY
1701 J Street

Keokuk, IA 52632 Phone: (319) 524-1304

[END OF STATEMENT OF WORK (SOW)]

B.5 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR: FROM THE DATE OF AWARD (01 OCT 2021) THRU 30 SEPT 2022

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001
Product No. PMC-1

PMC 1, Presidential Memorial Certificate Holders with dimensions 9 Inches Wide X 11 ½ Inches Long X 1/2 Ince Spine

57,400
EA

GRAND TOTAL

OPTION YEAR ONE (1) OCTOBER 1, 2022 - SEPTEMBER 30, 2023

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1001
Product No. PMC-1

PMC 1, Presidential Memorial Certificate Holders with dimensions 9 Inches Wide X 11 ½ Inches Long X 1/2 Ince Spine

63,140
EA

Option Year Two (2) October 1, 2023 - September 30, 2024

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2001
Product No. PMC-1

PMC 1, Presidential Memorial Certificate Holders with dimensions 9 Inches Wide X 11 ½ Inches Long X 1/2 Ince Spine

69,454
EA

Option Year Three (3): October 1, 2024 - September 30, 2025

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
3001
Product No. PMC-1

PMC 1, Presidential Memorial Certificate Holders with dimensions 9 Inches Wide X 11 ½ Inches Long X 1/2 Ince Spine

76,400
EA

Option Year Four (4): October 1, 2025 - September 30, 2026

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4001
Product No. PMC-1

PMC 1, Presidential Memorial Certificate Holders with dimensions 9 Inches Wide X 11 ½ Inches Long X 1/2 Ince Spine

84,040
EA

SUMMARY TOTALS

SUMMARY TOTALS

TOTAL

BASE YEAR – 10/1/21 OR DATE OF AWARD - 09/30/22
$
OPTION YEAR I - 10/01/22 - 09/30/23:
$
OPTION YEAR II - 10/01/23 - 09/30/24:
$
OPTION YEAR III - 10/01/24 - 09/30/25:
$
OPTION YEAR IV - 10/01/25- 09/30/26:
$
AGGREGATE TOTAL (BASE + ALL OPTION YEARS):
$

B.6 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
BASE QUANTITY (57,400)
ARO: 10 DAYS AFTER RECEIPT OF ORDER

[END OF PRICE SCHEDULE & DELIVERY SCHEDULE]

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).

B.8 DIGNITY CLAUSE

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

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

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

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

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

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

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

36C78621Q0246

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

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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…

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