36C78624Q0024 Solicitation.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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C78624Q0024 02-21-2024

Katherine Iacovelli 03-12-2024 12pm EDT

43C1 Department of Veterans Affairs NCA Contracting Service

18434 Joplin Rd Triangle VA 22172

X 100

Y

331529

500 Employees

N/A

X

Various locations per each order

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 bronze niche covers, product codes Z1 and Z6.

Funding will be obligated on Task Orders.

Submit questions only by email by noon Est April 1, 2024 to: katherine.iacovelli@va.gov

SUBMIT PROPOSAL VIA EMAIL to: katherine.iacovelli@va.gov

COR: TBD, Varied

For invoicing, the obligation number will be on each Task Order.

Please fill this out:

UIE:

EMAIL ADDRESS:

PHONE #:

See CONTINUATION Page

X X

X 1

Jose Roman Contract Officer

36C78624Q0024

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

B.3 PRICE/COST SCHEDULE (SCRAP)

B.4 STATEMENT OF WORK/SPECIFICATION

B.5 STAGES OF PERFORMANCE EVALUATION

SECTION C - CONTRACT CLAUSES

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

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEV JAN 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1: Definitions Attachment 2: Contract Discrepancy Report (CDR) Attachment 3: Drawings Attachment 4: Package Insert Attachment 5: Returned Goods Report (Sample) Attachment 6: 852.216-72 Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index Attachment 7: 852.219-76 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products (DEV) Attachment 8: Trade Agreements Certificate Attachment 9: Sample Review Form Attachment 10: Past Performance Questionnaire

SECTION E - SOLICITATION PROVISIONS

E.1

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

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Submission Information for Samples Submission Information for Written Part of the Proposal

Evaluation Method Rating Standards

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C786

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, or

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 non-responsive and removed from further consideration.

8. MISSING PAGES:

It is the responsibility of the offeror to examine this solicitation to verify that he or she has received all pages. In addition, in compiling this package, some pages may have been duplicated. If the offeror feels that pages are missing or duplicated, the offeror is encouraged to contact the Contracting Officer at the telephone number shown in Block 7B, Standard Form 1442, Solicitation / Contract / Order for Commercial Items.

9. TIME OF DELIVERY:

Questions replied to during normal Federal working hours except on 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 January 1 Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day December 25

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 PERIOD: April 1, 2024 – March 31, 2025

CLIN Description Est Qty Price EA Est Price

0001 Z1, NICHE COVER, BRONZE

22,100

0002 Z6, NICHE COVER, BRONZE,

MOH 25

TOTAL PRICE BASE YEAR

OPTION YEAR 1: April, 1, 2025 – March 31, 2026

CLIN Description Est Qty Price EA Est Price

1001 Z1, NICHE COVER, BRONZE 22,100

1002 Z6, NICHE COVER, BRONZE,

TOTAL PRICE OPTION YEAR 1

OPTION YEAR 2: April 1, 2026 – March 31, 2027

2001 Z1, NICHE COVER, BRONZE 22,100

2002 Z6, NICHE COVER, BRONZE,

TOTAL PRICE OPTION YEAR 2

OPTION YEAR 3: April 1, 2027 – March 31, 2028

3001 Z1, NICHE COVER, BRONZE 22,100

3002 Z6, NICHE COVER, BRONZE,

TOTAL PRICE OPTION YEAR 3

OPTION YEAR 4: April 1, 2028 – March 31, 2029

CLIN Description Est Qty Price EA Est Price

4001 Z1, NICHE COVER, BRONZE 22,100

4002 Z6, NICHE COVER, BRONZE,

TOTAL PRICE OPTION YEAR 4

SUMMARY TOTAL

TOTALS

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Aggregate Total (Base + All 4 Option Years)

B.3 PRICE/COST SCHEDULE (SCRAP)

Scrap Credit for Bronze Niche Markers Returned for Recycling

BASE YEAR: April 1, 2024 – March 31, 2025

CLIN Description Est Qty EA Est Refund

0001 Bronze Niche, Scrap 175

0002 Bronze Niche, MOH, Scrap 5

Total Refund for Base Year

Option Year One (1): April 1, 2025 – March 31, 2026

CLIN Description Est Qty EA Est Refund

1001 Bronze Niche, Scrap 175

1002 Bronze Niche, MOH, Scrap 5

Total Refund for Option Year #1

Option Year Two (2): April 1, 2026 – March 31, 2027

2001 Bronze Niche, Scrap 175

2002 Bronze Niche, MOH, Scrap 5

Total Refund for Option Year #2

Option Year Three (3): April 1, 2027 – March 31, 2028

3001 Bronze Niche, Scrap 175

3002 Bronze Niche, MOH, Scrap 5

Total Refund for Option Year #3

Option Year Four (4): April 1, 2028 – March 31, 2029

CLIN Description Est Qty EA Est Refund

4001 Bronze Niche, Scrap 175

4002 Bronze Niche, MOH, Scrap 5

Total Refund for Option Year #4

Summary

YEAR ESTIMATED REFUND

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

Total Contract Aggregate

Scrap pricing will not be considered in the evaluation of the total contract price.

B.4 STATEMENT OF WORK/SPECIFICATION

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 Bronze Niche Markers as listed below in 3.0, FOB Destination for worldwide distribution, on a multi-year contract. PROOF OF DELIVERY

REQUIRED UPON DELIVERY.

3.0 Material Specification/Drawings

3.1 Description #1: Marker, Bronze, Niche (5-1/2” x 8-1/2”)

Product code: Z1 Drawing No.: A-Z1, Rev A, dated 2019/09/28

3.2 Description #2: Marker, Bronze, Niche, MOH (5-1/2” x 8-1/2”) Product code: Z6 Drawing No.: A-Z6, Rev A, dated 2019/09/28

3.3 Description #3: Emblems

Drawing No.: A-EM Cover Page, Rev P, dated 2021/10/14 A-EM-1 thru 4, Rev H, dated 2017/12/23 A-EM-5, Rev L, dated 2021/04/13 A-EM-6, Rev P, dated 2021/10/14

3.4 Description #4: Letters, Fonts, Numbers & Other Characters Drawing No.: A-LFN&OC-1 thru 3, Rev C, dated 2016/06/13

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

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

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

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

4.6 Rods and Bosses – Two (2) screws, brass, 1/4 •20 UNG x 1.50 inch long, round head with a minimum of .50 Inch of thread to fit tapped bossed as shown on the technical drawing.

Included with the br9nze marker, are four (4) washers, flat brass, .687 inch 0.0. x .260 Inch

1.0 x .05 inch thick. Bosses shall be drilled to a depth so as to contain not less than four (4) completes threads. A minimum of .094 lnch wall thickness shall remain on the bottom of the boss after drilling and tapping for threads.

4.7 Scope of Work: This work shall include all labor and materials necessary to furnish flat bronze niche markers with raised lettering. The marker ordered under delivery orders against this contract shall be delivered within twenty-six (26) calendar days following the date the orders shall be issued by Memorial Program Service, Program Support Unit. Less than one percent of the orders received shall be delivered to overseas destinations. The contractor shall format all information contained on marker orders as raised characters.

Contractor shall deliver, as ordered, F.O.B. Destination, inscribed flat bronze niche markers of the type and style shown in the schedule, in accordance with the specifications, drawings, terms and conditions.

5.0 Workmanship

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

5.2 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.

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

5.4 Government Headstone and Marker Drawings: The Contractor shall ensure copies of all relevant Government technical drawings to produce monuments are maintained on file and are available to the contract COR, upon request during on-site quality assurance inspections. Note: Technical drawings may require revising. As soon as a drawing revision is approved it will be distributed to the Contractor and become a permanent part of the contract.

6.0 Quality Assurance (QA)

6.1 Testing - Contractor Certification – The contractor shall certify and maintain substantiating evidence that the product offered meets the salient characteristics described herein, and that the product conforms to the drawings, specifications, and standards called for by this description. The MPS 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.

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

6.3 Applicable Publications

Munsell Neutral Value Scale, Matte (3I - step scale) 617 Little Britain Road, New Windsor, NY 12553 Phone: (800) 622-2384

6.4 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.

7.0 Government Quality Assurance (QA)

7.1 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 Memorial Program Support (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.

7.2 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 for the contract 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.

8.0 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.

8.1 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 26 calendar days following the date the order was sent.

8.2 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.

Inscription Data – The inscription of each marker shall be specified on each order e-mailed by MPS, 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 shall be contacted.

8.3 Requests for Inscription Cancellations of Marker Orders – Occasionally, it shall be necessary to request from the contractor that a cancellation 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 cancellations shall be forwarded by e-mail to the contractor only by the MPS COR and within three calendar days from receipt of the order. 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.

9.0 ADMINISTRATIVE MATTERS

9.1 Authorities of Government Personnel

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

9.2 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.

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.

9.3 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 mailto:MPSProgSupport@va.gov invoices. These records shall be made available upon request to the designated MPS Program Support Unit COR during on-site QA Inspections.

10.0 PACKAGING

The markers shall be packaged in such a way as to protect the contents from the abuses of normal handling and 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 five (5) pounds.

10.1 Package Insert –

For each order shipped to a consignee within CONUS, a package insert (Appendix 5) and a Federal Express Return Label will be enclosed in the packaging to simplify the return process due to quality, inscription errors or damage.

11.0 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 (41B1) 810 Vermont Ave, NW Washington, DC 20420

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

11.1 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.

11.2 Markers returned for credit (scrap metal) shall be accepted by the contractor, and the Government reimbursed with the amount shown in the Bid Schedule. The contractor shall send every month a check for all returned bronze markers to:

VA/National Cemetery Administration Attn: Agent Cashier/Finance Office

PO Box 141 Triangle, VA 22172

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).

12.0 Special Contract Requirements: N/A

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

END STATEMENT OF WORK

B.5 STAGES OF PERFORMANCE EVALUATION

a. Normally, the ACOR 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. Based on the seriousness, the ACOR may also notify the COR and CO at that time. If the issue is not serious and occurs again a written warning shall be sent by the ACOR to the onsite supervisor. The ACOR shall also notify the COR and CO at the time the warning is sent. The COR and CO may also decide to send a warning.

c. 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.

d. When the Contractor is not meeting the acceptable limits of satisfactory performance regarding the same issue or continues to fail due to a number of issues, 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 to the CO. The Contracting Officer will evaluate the Contractor's explanation/plan and determine the next course of action.

e. The issuance of a CDR, found in Section D Attachments, may be cause for the scheduling of a meeting among the Contractor, Contracting Officer, ACOR and 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, ACOR and COR will sign minutes of the meeting(s).

f. 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.

g. 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.

h. 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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 Federal Acquisition Regulation (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 FAR 32.608-2 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; 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)

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

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

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

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

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

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

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

(B) Terminate this contract for cause.

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

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

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

or

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

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

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

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

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