36C78621R0027 RFP for Flat Bronze Marker Worldwide.pdf

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 71

7861-000

36C78621R0027 04-26-2021

Katherine Iacovelli 703-630-9350 05-31-2021

4:00 EDT

43C1 Department of Veterans Affairs NCA Contracting Service

18434 Joplin Rd Triangle VA 22172

X

Y

331529

500 Employees

N/A

X

Various locations worldwide

43C1

Department of Veterans Affairs NCA Contracting Service

Triangle, VA 22172

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

1-877-752-0900

See CONTINUATION Page

This solicitation is for the maunfacture and distribution of bronze plaques worldwide for a Base +4 contract, full and open competition.

Submit quotes via email to: Katherine.iacovelli@va.gov.

Questions due in writing by May 24, 2021 at 1:30 PM to Katherine.iacovelli@va.gov

COR: TBD

Please fill these out:

DUNS:

EMAIL ADDRESS:

PHONE #:

$0.00 See CONTINUATION Page

X X

X 1

Contract Officer

36C78621R0027

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

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

2018)

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

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 52.216-4 ECONOMIC PRICE ADJUSTMENT—LABOR AND MATERIAL (JAN 2017)

C.5 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.6 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1 Definitions Attachment 2 Contract Discrepancy Report (CDR) Attachment 3 Drawings Attachment 4 VAAR Clause 852.216-72, Proportional Economic Price Adjustment of Contract Price(S) Based on A Price Index Attachment 5 Past Performance Questionnaire Attachment 6 Sample Review Form

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Submission Information Rating Standards

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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: Contract Officer

NCA Contracting Service

Triangle VA 22172

2. CONTRACTOR REMITTANCE ADDRESS:

All payments by the Government to the Contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management,

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:

AMENDMENT NO DATE

6. CONTENTS OF INVOICE:

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

• Date of Invoice

• Date of Period of Invoice Performance

• Invoice Number

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

• Cemetery Name

• Unit Cost

• Total Invoice Amount

• Service/Item(s) provided

7. SOLICITATIONS:

Failure to submit all required documentation as required may result in your submission being determined as technically 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 1449, 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:

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December

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 PRICE SCHEDULE

Base Year Date of Award through 9/30/2021

CLIN DESCRIPTION EST QTY UNIT UNIT PRICE EST PRICE

0001 B1 99,999 EA

0002 B6 (MOH) 5 EA

0003 T1 Old Style 10 EA 0004 T6 Old Style (MOH) 10 EA

BASE YEAR TOTAL

Option Year 1: 10/1/2021 through 9/30/2022

CLIN DESCRIPTION EST QTY UNIT UNIT PRICE EST PRICE

1001 B1 99,999 EA

1002 B6 (MOH) 5 EA

1003 T1 Old Style 10 EA 1004 T6 Old Style (MOH) 10 EA

OPTION YEAR 1 TOTAL

Option Year 2: 10/1/2022 through 9/30/2023

CLIN DESCRIPTION EST QTY UNIT UNIT PRICE EST PRICE

2001 B1 99,999 EA

2002 B6 (MOH) 5 EA

2003 T1 Old Style 10 EA 2004 T6 Old Style (MOH) 10 EA

OPTION YEAR 2 TOTAL

Option Year 3: 10/1/2023 through 9/30/2024

CLIN DESCRIPTION EST QTY UNIT UNIT PRICE EST PRICE

3001 B1 99,999 EA

3002 B6 (MOH) 5 EA

3003 T1 Old Style 10 EA 3004 T6 Old Style (MOH) 10 EA

OPTION YEAR 3 TOTAL

Option Year 4: 10/1/2024 through 9/30/2025

CLIN DESCRIPTION EST QTY UNIT UNIT PRICE EST PRICE

4001 B1 99,999 EA

4002 B6 (MOH) 5 EA

4003 T1 Old Style 10 EA 4004 T6 Old Style (MOH) 10 EA

OPTION YEAR 4 TOTAL

YEAR ESTIMATED PRICE

Base Year

Option Year 1 Total Option Year 2 Total Option Year 3 Total Option Year 4 Total

Total Contract Aggregate Pricing shall include all costs for creating through shipping of each units. Base year price of non-ferrous metals to be based on May 12, 2021 bronze ingot prices in the composition required per the SOW.

CREDIT FOR BRONZE MARKERS RETURNED TO CONTRACTOR FOR RECYCLING

Base Year Date of Award through 9/30/2021

CLIN Description Est Quantity Unit Unit Price Tot Est Price 0001 Scrap Markers 19000 EA

Option Year 1: 10/1/2021 through 9/30/2022

1001 Scrap Markers 19000 EA

Option Year 2: 10/1/2022 through 9/30/2023

2001 Scrap Markers 19000 EA

Option Year 3: 10/1/2023 through 9/30/2024

3001 Scrap Markers 19000 EA

Option Year 4: 10/1/2024 through 9/30/2025

4001 Scrap Markers 19000 EA

YEAR ESTIMATED PRICE

Base Year

Option Year 1 Total Option Year 2 Total Option Year 3 Total Option Year 4 Total

Total Contract Aggregate

B.3 STATEMENT OF WORK

1.0 Background

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

2.0 Purpose

The purpose of this contract is to supply flat bronze markers as listed below in 3.0, FOB Destination for worldwide distribution, on a multi-year contract. SIGNATURE FROM

CONSIGNEE REQUIRED UPON DELIVERY.

3.0 Material Specification/Drawings

3.1 Description #1: Marker, Bronze, Flat (12”x 24”)

Product code: B1 Drawing No.: A-B1, Rev -, dated 9/23/19

3.2 Description #2: Marker, Bronze, Flat, Medal of Honor (12” x 24”) Product code: B6 Drawing No.: A-B6, Rev -, dated 9/23/19

3.3 Description #3: (T1) Marker, Bronze, Flat, Old Style, (T6) Marker, Bronze, Flat, Old Style, Medal of Honor (12” x 24”) Product code: T1/T6 Drawing No.: A-T1/T6, Rev, dated 3/1/07

3.4 Description #4: Emblems

Drawing No.: A-EM Cover Page, Rev L, dated 2021/04/13 A-EM-1 thru 4, Rev H, dated 2017/12/23 A-EM-5 thru 6, Rev L, dated 2021/04/13

3.5 Description #5: Letters, Fonts, Numbers & Other Characters Drawing No.: A-LFN&OC-1 thru 3, Rev C, dated 6/13/16

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). For full size drawings e-mail the request to MPS. 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.

4.0 Material

Bronze – The chemical composition of the bronze shall conform to the art bronze industry practice for commercial bronze memorials (Minimum of 87% and Max of 89% Copper, Minimum of 4% and Max of 8% Zinc). Appearance, composition and performance shall not vary from the submitted samples. A Certificate of Conformance shall be provided stating the chemical composition and the testing performed to verify the results submitted which shall be signed by the testing facility.

4.1 Pigmented Finish – Base color shall be memorial industry standard dark brown, as represented by Munsell Color Standard notation: 0.5Y2.49/1.0. The face and sides of the marker shall be coated uniformly with pigmented coating sufficient to obliterate the casting color.

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

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

4.4 Letters – The style of letters shall be as represented by Drawing A- LFN OC–Rev C, Files1-3. The faces of the letters, numerals and emblems shall be highlighted bare bronze with corners of the marker buffed and tops of letters and trim belted in a horizontal direction. The face and sides of the finished production marker shall have the color, gloss and appearance of the preproduction samples approved by Memorial Products Services (MPS) as an inspection standard.

4.5 Reverse Side – Surface texture of reverse side of the marker shall be normal as-cast sand texture (foundry sand texture). The reverse side shall also include in ½” tall letters, “PROPERTY OF THE US GOVERNMENT”.

4.6 Rods and Bosses – Four 5-inch or 6-inch long threaded brass rods, with nuts and washers, shall be furnished with each marker. Rods shall be fully threaded, standard machine thread 3/8–16 NC-2 to fit tapped bosses as shown on Drawing A-B1. Bosses shall be drilled to a depth of not more than 7/16 of an inch and shall contain no less than

(3) complete threads. A minimum of 1/8 inch wall thickness shall remain on the boss after threading. Washers shall be 2” x 2”, 18-gauge stamped reinforced brass with a 3/8” hole centered in the washer.

5.0 Scope of Work

This work shall include all labor and materials necessary to furnish inscribed flat bronze markers.

The markers ordered under delivery orders against this contract shall be delivered within (20) calendar days following the date the order is issued by Memorial Programs Service, Program Support Unit.

Contractor shall deliver, as ordered, F.O.B Destination, inscribed flat bronze markers of the type and style shown in 3.0 above, manufactured and delivered in accordance with the specifications, drawings, terms and conditions. Less than one percent (1%) of the orders shall be delivered to overseas destinations. Contractor shall be responsible for providing a proof of delivery for each shipment which will include signature of consignee ensuring that the shipment was received.

6.0 Workmanship

6.1 Castings and Letters – Markers shall be free of bends or warping not exceeding a deflection of 1/16 inch. Casting shall be free of wrinkles. Letters shall be clear and sharply cast, free of scratches, properly centered and aligned as shown in Drawing A-B1.

The repair of holes and the removal of excess metal from letters or the field of the marker shall be permitted provided evidence of such repair/removal is not visibly apparent.

Repairs shall be done using the same alloy as the marker.

6.2 Coating – The protective coating shall be uniform in color, clear, and free of bare spots, scratches, embossed foreign matter, blistering and orange peel effects. The finished appearance of the marker shall be glossy.

7.0 Quality Assurance

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

7.2 Bronze Testing Specifications

Certification of Compliance – When requested by the MPS COR or Contract Officer, the Contractor shall furnish any or all copies of certified analyses as supplied by the ingot manufacturer. The Contractor shall require that all ingots from vendors be shipped with certified analyses which must be retained for the life of the contract plus 5 years.

7.3 Dimensional Examination – Examination shall be made of each marker and shipping container for defects in dimensions. Any deviation from specification requirements shall be classified as a defect and shall be cause for rejection of the marker or container.

8.0 Government Quality Assurance (QA)

8.1 Site Inspection

Quality assurance inspections of the Contractor’s production processes of the Contractor’s manufacturing facility shall be conducted during the contract period by the designated COR of the MPS unit to assure contract performance and adherence. Visits to the Contractor shall be scheduled at a time to ensure inspection of the Contractor’s marker production. The Government reserves the right to perform quality audit inspection without prior scheduling or notification to the Contractor.

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

• Packaging of product to ensure compliance with all contractual

• Execution of quality control procedures,

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

• Handling of inventory or backlogged orders.

• Ensuring that copies of all relevant Government-provided drawings for production of markers under each contract are maintained on file and are available to the designated COR, upon request, during an on-site QA inspection.

The Contractor shall assist the designated MPS COR by providing an adequate, well lighted inspection area. Contractor personnel shall provide assistance with lifting, handling and moving of products.

8.2 Quality Complaints

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

• Nonconforming product shipped to fill Government orders.

• Completed markers that passed the Contractor’s inspection and are awaiting shipment but fail the designated MPS COR Quality Inspection.

• Products that passed the Contractor’s inspection system and are awaiting shipment for an unusually long period.

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

• Craftsmanship

• Safety

• Knowledge/training of processes, inspections and measuring tools

• Contractor’s inspection system

• Manufacturing process

• Production control

• Planning and scheduling

The designated COR of the MPS Program Support Unit shall inform the Contractor of the deficiencies during the inspection and shall provide the Contractor a copy of the report. When issues(s) arise regarding a marker not meeting the specifications standards and the issues(s) cannot be resolved between the Contractor and the Government, the Contracting Officer shall make a final determination if the marker shall be replaced at Contractor’s or at Government’s expense.

9.0 Processing of Orders and Time of Delivery

Contractors shall manufacture and ship individual flat bronze marker orders on a first-in/first-out basis. Each order shall be produced in numerical sequence, by shipment number.

9.1 Normal Delivery – All markers, with the exception of those identified for accelerated delivery (see Par. 8.2), ordered under this contract shall be manufactured and delivered within 20 calendar days following the date the order was sent by MPS COR.

9.2 Accelerated Delivery (10 Day Specials) – All markers identified for accelerated delivery (10 day specials) shall be manufactured and delivered within ten (10) calendar days, at no additional cost to the Government, following the date the order was sent by MPS COR. The weekly quantity of markers requiring accelerated delivery is estimated to the less than one percent.

9.3 Inscription Data – The inscription of each marker shall be specified on each order e-mailed by MPS COR, not to exceed six lines with an emblem of belief or seven lines (total) without an emblem of belief. When deviations are requested, the designated COR with the MPS Program Support Unit shall be contacted.

9.4 Requests for Inscription Corrections/Cancellations of Marker Orders – Occasionally, it shall be necessary to request from the contractor that a correction is made to the inscription of a flat bronze marker order sent to the contractor or that an order be cancelled for a flat bronze marker.

These corrections/cancellations shall be forwarded by e-mail to the contractor only by the MPS COR and within one calendar days from receipt of the order. Marker shall not be shipped prior to the end of the 24hr notification period. The contractor shall be required to respond to e-mailed request from the MPS COR within one workday from the date the request was sent.

10.0 Administrative Matters

10.1 Authorities of Government Personnel

The Contracting Office shall provide, at the time of contract award, a list of MPS personnel authorized to act as Contracting Officer’s Representatives.

10.2 Contractor Provided Weekly Delivery Reports

The Contractor shall provide to the MPS COR weekly reports on the Contractor’s processing, production and delivery. The reports shall be e- mailed to MPSProgSupport@va.gov. The reports shall be due by close of business Tuesday of each week. Should this day fall on a holiday, the report shall be submitted by close of business on the workday before the holiday.

mailto:MPSProgSupport@va.gov

Each report shall minimally include the following:

• Date Order Received

• Purchase Order Number

• Shipment Numbers

• Date each order was delivered

• Tracking number for shipment

• Amount of items delivered

• Amount pending

• Estimated delivery dates for pending orders

• Amount of orders cancelled

• If an order is delinquent at the time that the status report is e- mailed to the MPS

Program Support Unit, the Contractor shall be required to provide in the same e-mail with the report, the detailed reasons for the delinquency and projected delinquencies and the projected date the delinquent items shall be delivered.

10.3 Contractor Records and Files

The Contractor shall maintain records and files of all documents. These records shall include, at minimum, copies of all orders, quality assurance records, inspection results, shipping documents (bearing carrier name, tracking number and date delivered) and invoices. These records shall be made available upon request to the designated MPS Program Support Unit COR during on-site QA Inspections.

11.0 Packaging

The markers shall be packaged in such a way as to protect the contents from the abuses of normal shipping. The package shall ensure the safe arrival of each marker without marks or marring. All associated fees regarding delivery including packaging, materials, postage, shipping and required signature are at Contractor expense. The weight of each packaged marker shall not exceed 20 pounds.

12.0 Return of Bronze Markers

Bronze markers that are undeliverable or shipped in error will be returned to the Contractor by the Contractor’s designated carrier. Additionally, bronze markers that are being returned to the Contractor by a cemetery, funeral home or private individual shall be returned directly to the Contractor by the Contractor’s designated mailing/shipping method. For these purposes, the Contractor shall be required to provide to the MPS COR a monthly supply of return address labels. The labels should be mailed to:

National Cemetery Administration Memorial Programs Service

1575 Eye Street, NW, Suite 650 Washington, DC 20043-4240

Upon receipt of returned markers, the Contractor shall notify by e- mail the MPS COR at MPSProgSupport@va.gov of the markers received and request disposition instructions. The notification shall be made weekly and contain the decedent’s first and last name, the shipment number and the purchase order number, if available. Disposition instructions shall be provided to the Contractor as soon as possible, normally within three workdays of receipt of notification.

Disposition instructions shall normally require the markers to be:

• Scrapped and credited to the Government; or

• Reshipped to a consignee as designated

12.1 The contractor will provide a weekly report to MPS for all markers returned and scraped.

The report shall contain the decedent’s first and last name, shipment number, and purchase order, if available.

12.2 The Contractor shall be responsible for preparing a suitable address label to cover the reshipment; ensuring previous consignee information is deleted. The reshipment shall be made at Contractor’s expense. Less than one percent shall require reshipment at Contractor’s expense.

12.3 Markers returned for credit (scrap metal) shall be accepted by the Contractor, and the Government reimbursed with the amount shown in the Price Schedule. Every month the Contractor shall send a check for all returned bronze markers to:

VA/National Cemetery Administration Attn: Agent Cashier

PO Box 335 Garrisonville, VA 22463-0335

The check should be made payable to the Department of Veterans Affairs. A report shall be provided to the Program Support unit with each mailed check which shall include the veteran’s name, purchase order number(s) and the shipment number(s).

13.0 Special Contract Requirements: N/A

14.0 Point of Contact E-mail: MPSProgSupport@va.gov.

15.0 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 Contract Discrepancy Report (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, 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 and return it within 10 calendar days. The Contracting Officer will evaluate the Contractor's explanation and determine the next course of action.

d. The issuance of a 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.

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 or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

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

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

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

FAR

Number

Title Date

52.203-3 GRATUITIES APR 1984

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.216-18 ORDERING Date of Award/Oct 1, end of FY AUG 2020 52.216-19 ORDER LIMITATIONS 1 unit; 20,000 units; 30; 1 business OCT 1995 52.216-21 REQUIREMENTS Sept 30 each year OCT 1995 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT 1day, 5 days, 5 years and 6 months

MAR 2000

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND

REMEDIES

JAN 2020

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

the FY, the FY

APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.242-13 BANKRUPTCY JUL 1995

52.242-15 STOP-WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[X] 852.216-72, Proportional Economic Price Adjustment of Contract Price(S) Based on A Price Index

See Full clause in Section D [X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[X] 852.246–71, Rejected Goods.

[X] 852.273–74, Award without Exchanges.

(End of Clause)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

(End of Clause)

C.4 52.216-4 ECONOMIC PRICE ADJUSTMENT—LABOR AND MATERIAL

(JAN 2017)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause.

The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for—

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor's failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor's…