36C78624R0014.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

7864-000

36C78624R0014 01-25-2024

Katherine Iacovelli 02-14-2024

1:30PM EST

43C1 Department of Veterans Affairs NCA Contracting Service

18434 Joplin Rd Triangle VA 22172

X 100

X

Y

321999

500 Employees

N/A

Different locations per each order worldwide.

43C1

Department of Veterans Affairs NCA Contracting Service

18434 Joplin Rd Triangle, VA 22172

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

1-877-752-0900

See CONTINUATION Page

This tiered solicitation is for the manufacture and delivery of commemorative urns and plaques as a burial benefit.

Tiering levels are as follows: SDVOSB/VOSB/SB, see Section E

Pricing shall be valid through 5/30/2024.

Samples are to be submitted as stated in Section E.

Submit written proposal to katherine.iacovelli@va.gov

Questions due by February 5, 2024 at 1:30 PM EST only to

Katherine.iacovelli@va.gov

COR: TBD

Product should be ready to ship 30 days after award.

Please fill this out:

UEI:

EMAIL ADDRESS:

BEST PHONE #:

$0.00 See CONTINUATION Page

X X

X 1

Katherine Iacovelli Contract Officer

X VOSB

36C78624R0014

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 STATEMENT OF WORK/SPECIFICATION

B.4 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

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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

1.0 Tiered Evaluation Information

2.0 Submission Information for Samples

3.0 Inscriptions for Samples:

4.0 Drawings

5.0. Submission Information for Written Part of the Proposal

6.0 Rating Standards

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

[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)

• 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 http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ 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 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 Juneteenth June 19th Independence Day July 4th 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.

AGGREGATE CONTRACT PRICE (BASE + 4 OPTION YEARS)

B.2 PRICE SCHEDULE

BASE YEAR: MARCH 10, 2024 - MARCH 9, 2025

CLIN

DESCRIPTION EST

QUANTITY

UNIT UNIT

PRICE

EST

TOTAL

PRICE

0001 P2, Commemorative Plaque 500 EA

0002 P6, Commemorative Urn 250 EA

ESTIMATED BASE YEAR TOTAL

OPTION YEAR 1: MARCH 10, 2025 - MARCH 9, 2026

EST

TOTAL

PRICE

1001 P2, Commemorative Plaque 500 EA

1002 P6, Commemorative Urn 250 EA

ESTIMATED OPTION YEAR 1 TOTAL

OPTION YEAR 2: MARCH 10, 2026 - MARCH 9, 2027

EST

TOTAL

PRICE

2001 P2, Commemorative Plaque 500 EA 2002 P6, Commemorative Urn 250 EA

ESTIMATED OPTION YEAR 2 TOTAL

OPTION YEAR 3: MARCH 10, 2027 - MARCH 9, 2028

EST

TOTAL

PRICE

3001 P2, Commemorative Plaque 500 EA 3002 P6, Commemorative Urn 250 EA

OPTION YEAR 4: MARCH 10, 2028 - MARCH 9, 2029

EST

TOTAL

PRICE

4001 P2, Commemorative Plaque 500 EA 4002 P6, Commemorative Urn 250 EA

Prices shall be all inclusive of labor, materials, shipping and all costs incurred to comply with the contract.

B.3 STATEMENT OF WORK/SPECIFICATION

1.0 Background

The Department of Veterans Affairs (VA), National Cemetery Administration (NCA) furnishes headstones, markers, niche covers and medallions (monuments) to mark the graves and memorialize eligible individuals worldwide. Section 2207 of Public Law 116-315 authorizes VA to provide urns and commemorative plaques for the remains of certain Veterans whose cremated remains are not interred. These plaques and urns are memorial products that have not previously been provided by

VA.

2.0 Purpose

The purpose of this contract is for a Contractor to manufacture and distribute, upon submission of an order request from NCA, the following commemorative products to any address worldwide:

• (P2) – Commemorative Plaque

• (P6) – Commemorative Urn

3.0 General

This contract shall include all labor, materials and delivery, (to include a proof of delivery with signature), necessary to furnish a commemorative plaque or urn to each Consignee’s address.

• Provide all labor and material as noted in section 4.0 needed to manufacture in the US, assemble and package per each order received.

• Shipments shall be Freight on Board (FOB) Destination utilizing small package carriers, e.g., Federal Express Ground, UPS Ground, USPS Parcel Post.

• Returned Goods call tags shall be included with each shipment attached to the Package Insert, Addendum 2.

• The Contractor shall maintain a list of orders received to include the specific shipping information to include date shipped, carrier name and tracking #.

• The commemorative plaque and urn will be manufactured, laser etched and the brass plate inscribed per each order according to the attached drawings.

3.1 Performance Period

• Orders received with primary Branches of Service (refer to 8.1), the Contractor shall have two

(2) business days, excluding Federal holidays, upon receipt of order to manufacture, laser etch, inscribe the brass plate and ship a plaque or urn to each Consignee’s address.

• Orders received with Branches of Service listed on Addendum 1, the Contractor shall have five

(5) business days, excluding Federal holidays, upon receipt of order to manufacture, laser etch, inscribe the brass plate and ship a plaque or urn to each Consignee’s address.

3.2 Unit Price

The unit price is all-inclusive and covers the completed product manufactured and packaged for shipment and delivery to the consignee. This all-inclusive price includes product and services to provide products meeting technical requirements as shown in drawings listed in Sections 4.0 and process any returned items.

Note: During the course of the contract, improvements may be made to materials, processes or procedures which should not result in additional cost to the Government. Wood should be sustainably sourced and documented with the Forest Stewardship Council (FSC) certification.

4.0 Material Specification

4.1 CLIN 1

• Description: Commemorative Plaque

• Product Code: P2

• Drawing No.: A-P2, Rev. B, dated 2024/01/02

• Bill of Material:

o Plaque, wood Shape: Cut, routed and drilled to dimensions detailed in drawing.

Size/Dimensions: 8.00” x 10.0” X 0.75” (± .063”) Edges: Rounded .750” Material: Walnut Usage: Notched keyhole to hang on wall Finish: Clear semi-gloss finish o Plate, inscription, (5.0” x 2.75”) Finish: Black with brass inscription characters Mounted by (4) brass screws, one in each corner of the plate Inscribed per drawing using arial font with standard line weight using all capital letters Hardware: Refer to A-P2, Rev. B, dated 2024/01/02 o Emblem, Folded Flag, laser etched (4”) Refer to dimensions on drawing A-M4-Folded Flag, Rev. B, dated 2024/01/02 Refer to drawing A-M4 for material specifications, workmanship and quality assurance.

o Assembly: Attach inscribed plate utilizing (4) brass screws.

o Packaging-Product: Finished product is to be packed in clear, padded bags or a material similar to ensure there are no scratches, abrasions, scuffing or damage while in-transit. The packaging will be clear and sealable to be able to show the contents without breaking the seal to allow inspection by the Consignee the contents of the bag.

o Product Insert (Addendum 2): Include product insert and Contractor’s carrier Return Label in plastic bag (zip lock) and place on top of bagged product so that it is in clear view when opening the box.

o Packaging-Final: Packaged product mentioned above shall be packed in a chipboard box with enough dunnage to protect the finished product while in transit.

4.2 CLIN 2

• Description: Commemorative Urn

• Product Code: P6

• Drawing No.: A-P6, Rev. B, dated 2024/01/02

• Bill of Material:

o Urn, wood Shape: Basic shape is cuboid.

Volume: Standard, full-size, single occupancy adult urn with an interior capacity of approximately 280 cubic inches.

Size/Dimensions: Exterior dimension not to exceed: (7.125”H x 7.25”W x 9.25”L ±

.125”); Interior dimensions-minimum: (5.875”H x 6”W x 8”L ± .125”) Material: Walnut Construction: A (.25”) upper ledge along the top and/or lower molding along the bottom of the urn is preferred to avoid slippage when handling/carrying. The bottom of the urn should be a wooden plate affixed with screws to allow for easy opening and closing of the urn. Corners should be finger joints with all surfaces sanded smooth with no sharp edges.

Finish: Semi-gloss finish o Plate, inscription, Refer to 4.1 above o Emblem, Folded Flag, laser etched (4”) Refer to dimensions on drawing A-M4.

Refer to A-M4 for material specifications, workmanship and quality assurance.

o Assembly: Attach inscribed plate utilizing (4) brass screws o Packaging-Product: Finished product is to be packed in clear, padded bags or a material similar to ensure there are no scratches, abrasions, scuffing or damage while in-transit. The packaging will be clear and sealable to be able to show the contents without breaking the seal to allow inspection by the Consignee the contents of the bag.

o Product Insert (Addendum 2): Include product insert and Contractor’s carrier Return Label in plastic bag (zip lock) and place on top of bagged product so that it is in clear view when opening the box.

o Packaging-Final: Packaged product mentioned above shall be packed in a chipboard box with enough dunnage to protect the finished product while in transit.

5.0 Shipping

5.1 CONUS Shipments

The product shall be packaged as noted in 4.0 above and in such a way as to protect the contents from the abuses of normal shipping. The package shall ensure the safe arrival of each product without marks or marring. All associated fees regarding delivery including packaging, materials, postage and shipping are at Contractor expense. The weight of each packaged marker shall not exceed 10 pounds.

5.2 Overseas Shipments: All orders destined for overseas Consignees, to include Hawaii, Alaska, Puerto Rico, etc., shall be securely packaged as noted in 4.0 above to ensure against damages in transit. All overseas shipments will utilize airfreight, priority shipping to ensure delivery to the Consignee.

Contact MPSProgSupport@va.gov for instructions.

6.0 Component Inventory Requirements

Since no personalization besides Veteran name and dates of birth and death inscribed on the inscription plate, there is an opportunity for the Contractor to set up an inventory of components to include plaques and urns that have been laser-etched with the Folded Flag emblem and the primary branches of service (para. 8.1) allowing the shipping of the most requested branches of service. The branches of service, Addendum 1, are not in as great of demand. Only the inscription for the inscription plate would need to be laser-etched per each order with all other components packaged, this simplifies packaging and expedites shipping. The following are suggested inventory minimums for each component keeping in mind there is a common component utilized:

Plaque, Wood:

o Folded Flag – Laser-etch five (5) each of the primary branches of services listed in 8.1 that will have a two (2) business day performance requirement.

o Branches of Service (BOS) listed on Addendum 1 will processed on an as need basis with a five (5) business day performance requirement.

Urn, Wood:

o Folded Flag – Laser-etch five (5) each of the primary branches of services listed in 8.1 that will have a two (2) business day performance requirement.

o Branches of Service (BOS) listed on Addendum 1 will processed on an as need basis with a five (5) business day performance requirement.

Plate, Inscription: 50% of estimated quantity listed for CLIN 1 and 2

6.1 Primary Branches of Service – Folded Flag

• U.S. ARMY

• U.S. NAVY

• U.S. MARINE CORPS

• U.S. AIR FORCE

• U.S. COAST GUARD

• U.S. SPACE FORCE

6.2 Re-Order Point and Safety Stock Inventory Levels

It will be up to the Contractor to set these inventory points up depending upon several factors: raw material lead time, manufacturing lead time and manufacturing capacity versus order demand for each product and branch of service listed above.

7.0 Government Quality Assurance (QA)

7.1 Inspections

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 Contract Officer’s Representative (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.

mailto:MPSProgSupport@va.gov

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 requirements,

• Execution of quality control procedures,

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

• Handling of inventory or backlogged orders.

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

• When at the Contractor’s production facility, the Contractor shall assist the designated COR by providing an adequate, well lighted inspection area.

7.2 Quality System

The Contractor must develop and maintain a written inspection system that documents the quality and delivery timeliness of finished products. The Contractor shall provide, to the designated COR of the MPS Program Support Unit and Contract Officer, reports on the Contractor’s processing and delivery of orders to include proof of delivery. Weekly reports must be emailed to MPS at MPSProgSupport@va.gov, attention to the designated COR by the close of business, Tuesday of the next week. Should this day fall on a Federal holiday, the report must be submitted no later than the next business day.

Each report shall minimally include the following information:

• Date Order Received

• Purchase Order (Obligation) Number

• Shipment Numbers

• Date each order was delivered

• Tracking number for shipment

• Number of items delivered

• Amount pending

• Estimated delivery dates for pending orders

• Number 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.

7.3 Quality Complaints

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

• Nonconforming product shipped to fill Government orders.

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

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

o Inspection system o Inspection personnel o Manufacturing process o Production control o Planning and scheduling o Employee training o Craftsmanship o Safety o Knowledge/training of processes and measuring tools

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

8.0 Processing of Orders and Time of Delivery

The Contractor shall provide a single e-mail address for electronically receiving orders. Orders shall be electronically distributed by MPS to the Contractor’s provided email address, Monday thru Friday, excluding federal holidays. Contractors shall complete orders on a first in/first out basis with orders produced in numerical sequence, by shipment number.

Note: The Contractor supplied email address must be valid upon date of award and be capable of accepting multiple attachments. Rejection of emails at delivery will affect the timeliness of the Contractor receiving orders and may lead to a CDR if not addressed promptly.

8.1 Normal Delivery:

• All products shall be manufactured, inspected, packaged and shipped as soon as possible following the date the order was released to the Contractor by Contractor’s small package carrier.

• Inscription Data (Inscription plate) – The inscription for each order shall be specified on each order e-mailed by MPS, not to exceed three lines of text. When deviations are requested, the Contractor shall contact the designated COR with the MPS Program Support Unit at MPSProgSupport@va.gov.

• Branch of Service (BOS) (Emblem, Folded flag) – The branch of service shall be specified on each order e-mailed by MPS. (refer to 8.1 & Addendum 1)

• Requests for Inscription Corrections/Cancellations of Marker Orders – Occasionally, it shall be necessary for NCA to request that an order be cancelled due to an error in the inscription or the incorrect BOS is requested. These cancellations shall be forwarded by e-mail to the Contractor by MPS and within one business day from receipt of the order. The Contractor shall be required to confirm the e-mailed request from MPS within one business day from the date the request was sent.

9.0 Procedures (Administrative and Other)

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

• Contractor Records and Files: The Contractor shall maintain records and files of all documents relating to each order filled under this contract. These records shall include, at minimum, copies of all orders, quality assurance records, inspection results, shipping documents (bearing carrier’s name, tracking numbers and proof of delivery) and invoices. These records shall be made available, upon request, to the designated MPS Program Support Unit COR during on-site Quality Assurance inspections.

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

• Completion Point for Invoicing Products Delivered FOB Destination: The Contractor’s responsibilities are deemed complete when a plaque or urn is packaged, shipped and delivered by the Contractor’s carrier.

10.0 Return of Product: There are two types of returns that the Contractor will need to be aware of and are listed below. After a product is returned to the Contractor, no matter what the reason, the Contractor shall inspect for any damage, including but not limited to, marring of the finish and if the product is in acceptable condition, should be placed back in inventory, scrapping the inscribed brass plate.

Note: The Consignee shall have 14 calendar days to contact NCA requesting an RMA # to return the shipment with all components of the original shipment, unopened and in original condition.

10.1 Undeliverable: Shipments that are undeliverable or shipped in error will be returned to the Contractor by the Contractor’s designated carrier. This type of return, the original packaging should still be intact and there should be no evidence of the final packaging being opened. Additionally, products 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.

Upon receipt of undeliverable or refused delivery, the Contractor will contact the MPS with the shipment order #, veteran name and reason for return. MPS will contact the Consignee for confirmation of delivery address or why the shipment was refused and will forward disposition instructions to the Contractor concerning the specific order. These types of returns will be entered on the weekly Returned Goods Report for tracking purposes.

Disposition instructions shall normally require the components be:

• Reshipped to the Consignee as designated; or

• Components are inspected and if condition is acceptable, return to Contractor’s inventory;

• Inscribed brass plates will be scrapped.

10.2 Returned Good: There may be a shipment received by the Consignee which the original packaging has been opened and evidence of the product being examined. The Consignee may change their mind and may request that the product be returned. The Consignee will contact NCA who will issue an RMA # which will consist of the original shipping # and a tail code of “R”. For example, ABC-1234R. This will allow the Contractor to be able to cross-reference the original shipment order # and the returned goods on the Returned Goods Report.

Note: The Consignee shall have 14 calendar days to contact NCA requesting an RMA # to return the shipment with all components of the original shipment, unopened and in original condition.

For these purposes, MPS shall be required to inform the Contractor of the pending return, the RMA #,and the Veteran name. All returns will be shipped back to the Contractor for inspection and disposition utilizing the Returned Goods Call Tag enclosed in the shipment.

10.3 Reporting of Returns: On a weekly basis in conjunction with the reporting requirements noted in

9.2 above, the Contractor is responsible for notifying, by e-mail, the MPS Program Support Unit COR at MPSProgSupport@va.gov of the products that had been returned and received noting their disposition. The weekly report (report format to be discussed) will include the following for each return:

• Date return received

• Product code (P2, P6) o Components received as noted in the Bill of Materials for each (4.0)

• Return Authorization Number (if available)

• Veterans first and last name (inscribed on brass plate)

• Inspection Disposition:

o Return to Inventory o Scrap (for all returns, the inscribed brass plate will always be scrapped)

• Reimbursement Cost o Inventory o Scrap

• Comment

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

B.4 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 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 decide 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.

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.

h. 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.

i. 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.

j. 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.

k. 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).

l. 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 plan 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.

m. 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 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; 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…