36C78624R0020.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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

36C78624R0020

Katherine Iacovelli 12pm EST

43C1 Department of Veterans Affairs NCA Contracting Service

18434 Joplin Rd Triangle VA 22172

X 100

X

X Y

327991

500 Employees

N/A

X

Various locations per orders

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 solicitation is for granite markers: G1, J1, L1, V1 and V5 to be manufactured, inscribed and delivered CONUS and

OCONUS.

There will be three separate contracts awarded, G1, J1/L1 and V1/V5.

Submit questions only by email by 9am Est August 27, 2024 to: katherine.iacovelli@va.gov SUBMIT PROPOSAL VIA EMAIL to: katherine.iacovelli@va.gov

COR: TBD, Varied

The RFP is being solicited as a tiered evaluation: SDVOSB, VOSB, SB and LB in that order. Please see Section E for details.

Please fill this out:

UEI:

EMAIL ADDRESS:

PHONE #:

See CONTINUATION Page

X X

X 1

Jose Roman Contract Officer

_X_ VOSB

6. SOLICITATION ISSUE

DATE

8-15-2024

9/6/2024

4-TIERED

X

36C78624R0020

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 (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1: Definitions Attachment 2: Contract Discrepancy Report (CDR) Attachment 3: Drawings Attachment 4: 852.219-76 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products (DEV) Attachment 5: Past Performance Questionnaire Attachment 6: Sample Review Forms for Inscriptions Attachment 7: Sample Review Forms for Blanks

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

1.0 Tiered Evaluation Information

2.0 Submission Information for Samples

3.0 Submission Information for Written Part of the Proposal

4.0 Evaluation Method

5.0 Rating Standards

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

SECTION F- CONTRACT/MARKER TYPE PRICE SCHEDULES AND SPECIFICATIONS

F.1 G1 PRICE SCHEDULE AND SPECIFICATIONS

F.2 J1 AND L1 PRICE SCHEDULE AND SPECIFICATIONS

F.3 V1 AND V5 PRICE SCHEDULE AND SPECIFICATIONS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

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

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

[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. If any information below is missing from an invoice, the invoice shall be subject to rejection and returned for revision :

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

• Date of Invoice

• Date of Period of Invoice Performance

• Unique Invoice Number

• Each invoice may be submitted only once. If the need exists to submit a corrected invoice, the original invoice number should be noted with “COR” added at the end of the invoice number on the revised invoice. Where possible CORRECTED INVOICE shall be clearly noted

• Purchase/Task/Obligation Order Number (Only one order may be included on each invoice

• submitted)

• Shipment Number (If there is not enough space on an invoice, an attachment to the invoice shall list the Shipment Number(s) and the Decedent’s Last Name and shall match the invoice quantity)

• Decedent’s Last Name (See above)

• Cemetery Name

• Unit Cost

• Total Dollar Amount Invoiced

• Certificate of Conformance: This certifies that (Contractor’s Name) furnished the above listed supplies or services called for by the above listed purchase order number in accordance with all applicable requirements. We further certify that the supplies or services are the quality specified and conform in all respects with the contract requirements.

7. PROPOSALS:

Failure to submit all required documentation as required in Section E 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:

Delivery questions will be 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

See Section F for price schedules and information specific to each future contract.

Only fill in the price schedules for the type(s) of marker for which you are sending sample(s)/ proposal(s), all prices shall be fully inclusive of labor, materials, shipping and any other costs incurred in performing the requirements of 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) for deceased veterans worldwide.

Memorial monuments are also furnished to memorialize veterans whose remains are non-recoverable.

2.0 Purpose

The purpose of this contract is to manufacture, inscribe and distribute granite monuments, detailed in Section F, nationwide to national, state veteran, and private cemeteries to include labor, materials, packaging. Transportation costs shall be included in the Continental US pricing only.

2.1 General: Each contract covers the period from October 1, 2024, through September 30, 2025, with four (4) one (1) year options, if exercised, to extend the term of the contract through September 30, 2029.

Each contract shall include all labor, materials, packaging, and transportation necessary to finish inscribed granite monuments detailed in Section F.

Contractor(s) shall be responsible for providing all labor and materials needed to produce the blank monuments, inscribe the blank per orders received, package/label/palletize the inscribed monuments and deliver the finished product to the consignee noted on an order.

2.2 Period of Performance: Contractor(s) shall have twenty-six (26) calendar days excluding federal holidays, following the day an order is sent to the contractor until the monuments are manufactured, inscribed, packaged, and delivered to the order consignee as ordered by the Memorial Product Service (MPS) of the National Cemetery Administration. More details in Paragraph 5.

For every 2,500 orders over and above the estimated order quantity noted on the IGCE, the performance period will increase by one (1) calendar day up to a maximum of thirty (30) calendar days for the remaining period in the fiscal year/obligation period.

If the 2,500-order increase noted above falls below the 2,500, the performance period decreases by one (1) calendar day down to a minimum of twenty-six (26) calendar days for the remainder of the contract year/ obligation period.

2.3 Unit Price: For inside the Continental United States (CONUS) shipment the unit price is all-inclusive and covers the complete inscription ordered, regardless of the number of lines or characters and whether one or two sides are inscribed. The unit price shall be the total price paid for each order delivered FOB Destination to the order consignee. This all-inclusive price includes all items, products, and services as shown on technical drawings.

For Outside the Continuous United States (OCONUS) shipment, the unit price is all-inclusive and covers the complete inscription ordered, regardless of the number of lines or characters and whether one or two sides are inscribed. The unit price shall be the total price paid for each order manufactured, packaged and ready for the Government carrier to pick up from the contractor’s facility, FOB Origin.

3.0 Monument Specifications

See each type detailed in Section F.

3.1 Material Specification: Granite must conform to the definition of Granite as defined by American Society for Testing and Materials aka ASTM C119. Granite is to be standard grade, fine-medium-grained material as classified by the National Building Granite Quarries Association. Granite must be free from cracks, seams or starts, chips, pits, or other defects that would impair its strength, durability, or legibility of the inscription. Markers containing two or more feldspar phenocrysts that exceed 6mm in any direction will be rejected.

3.2 Color: Granite must be a uniform shade of light grey (N6 or higher) as judged against the Munsell Neutral Value Scale, Matte 31 – step scale.

3.3 Finishing: The front, back, top, and sides of each monument shall be uniformly machine honed with an 80-grit pad or stone to a smooth satin finish, free of scratches, saw marks, rust spots, and skips. All edges and corners shall be uniformly rounded with a gently rounded over 3/8-inch eased square edge arris. The bottom shall be a smooth-sawn finish without boreholes, cracking, and major chipping. The headstone must be able to stand upright on its own without leaning in one direction or the other.

3.4 Source of Supply: All stone shall be obtained from quarries within the United States having adequate capacity and facilities to meet the specified requirements. Cutting and finishing shall be done by a manufacturer equipped to process the material promptly and in accordance with the specifications.

NOTE: If the contractor changes from the originally approved quarry to another quarry during the contract term, a request with justification of the change shall be forwarded to the Contract Officer and the Contract Officer Representative for approval prior to initiating the change. An additional sample shall be submitted to the MPS Program Support Unit for approval prior to using the new stone to produce blanks.

3.5 Testing: Stone supplied under this contract shall conform to the above and following specifications and physical requirements. Stone shall be tested, as listed below, by an approved testing laboratory. The test results shall be submitted with a sample to the Memorial Products Service, Program Support Unit for approval. The test results shall be submitted on the testing laboratory’s letterhead and shall not be dated more than 6 months from the date of submission. Testing is required only once and shall be a representative sample from the quarry to be used. Testing results are required for new sources of stone.

NOTE: Quarries listed below have been utilized in past contracts.

• Washington County, Vermont

• Elberton County, Georgia

• Madera County, California

3.5.1 Granite Testing Specifications:

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

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

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

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

3.6 Applicable Publications:

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

617 Little Britain Road New Windsor, NY 12553-6148 Phone: (800) 622-2384

• ASTM, Sections C97, C99, C170, C241 American Society for Testing and Materials 1220 L Street, NW, Suite 100-167 Washington DC 20005

• Dimension Stones of the World Granite Institute of America, Inc.

28901 Clemens Road, Suite 100 Cleveland, OH 44145

3.7 Inscription Specifications: The contractor shall inscribe all information as contained on the headstone order. The end or limit of each line shall be indicated on a line-by-line basis as shown on the order. If any deviation from this is encountered, contact the MPS Program Support Unit at MPSProgSupport@va.gov. Contractors are not authorized to correct or revise any order inscriptions. If an error is noted on an order inscription, the contractor will contact MPS Program Support for direction.

NCA’s current policy restricts revising inscriptions outside of the ordering system. The originator will cancel the order and resubmit a new order with the required revision.

Inscriptions shall be made using an air blast abrasion method or a similar process that will produce the same results or better. The inscription shall be a depth consistent with the technical drawing and conform to the character and dimensions of letters, numbers, and emblems shown in the technical drawings.

Inscription layouts shall conform to the scenarios in the contract drawings or replace in kind instructions.

3.7.1 Workmanship: Each monument shall be free from defects in workmanship, i.e.:

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

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

• Inscriptions shall be free from defects due to broken or blown out letting.

• Inscriptions will be sandblasted with clean, straight lines per technical drawings.

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

3.8 Replacement In-Kind: The intent is to replicate all or part of a pre-existing inscription. In-Kind replacements must be provided at no additional cost to the Government. Most replacement in-kind orders are for historical monuments and a photo of the original will be supplied to the Contractor for reference in duplicating the emblem, inscription font and line spacing.

3.9 Lithochrome Application: When Lithochrome is applied, it shall be N4 or lower as judged against the Munsell Neutral Value Scale, Matte (31-step scale).

• All orders will be noted in the Remarks or on the first line of the inscription to: “ADD LITHOCHROME or LITHO” or “NO LITHOCHROME or LITHO”.

mailto:MPSProgSupport@va.gov

• When specific instructions are not provided on the order, the contractor must confirm through email to MPSProgSupport@va.gov whether Lithochrome is or is not required.

3.10 Reference Drawings: The drawings listed below are at their current revision level at the time of the contract award. If a drawing is revised with a new revision level, the revised drawing will be forwarded to the contractor as soon as it’s approved for distribution. Drawings are in Section D.

• Characters: A-LFN&OC-1 through 3, Rev. C dtd 2016-06-13 (Letters, Fonts, Numbers & Other Characters)

• Emblems of Belief: A-EM Cover Page, Rev. P dtd 2021-10-14 (Emblems of Belief) A-EM-1, Rev. I dtd 2017-12-23 A-EM-2-4, Rev. H dtd 2017-12-23 A-EM-5, Rev. L dtd 2021-04-13 A-EM-6, Rev. P dtd 2021-10-14

4.0 Packaging Specification

4.0.1 Packaging Materials: All monuments shall be packed in accordance with normal industry standards and commercial best practices to assure acceptance by the common carrier.

Note: The packaging, palletizing, or crating shall protect the monuments throughout the handling process and during shipment and comply with the National Motor Freight Classification.

4.1 Single Packaged Shipments: Packaging shall consist of a two-part carton constructed of a double wall corrugated board. The front of the carton shall fit completely over the front of the monument with the top, bottom, and two side flaps folding over each respective surface to protect at least half of that surface. The back of the carton shall fit completely over the back of the monument with the top, bottom, and two side flaps folding over each respective surface of the monument to protect at least half of that surface. The flaps of the carton halves shall be secured with ½” plastic banding or 2” filament tape. Two bands shall be secured around the carton’s entire height (from top to bottom) and two additional bands shall secure the carton’s width. Banding pressure shall be such that it causes no damage to the edges of the stone when packaged. The packaging shall protect the headstones from shipping abuse during multiple shipments and handling and comply with the National Motor Freight Classification.

Monuments that are individually shipped must have three strings or (runners) running the width of the headstone (13” length) and spaced 10-1/2” apart starting from either end. The material used for the strings, runners or blocks is left up to the contractor and the contractor’s packaging specialists but should adhere to the cardboard packaging to remain in place until the monument is received at its destination.

This is for convenient handling when using a hand truck/dolly, pallet jack, or forklift to move the headstone in transit.

4.2 Palletized Shipments: The weight of each pallet shall not exceed 2,500 lbs. When multiple orders are shipped to the same consignee or cemetery, headstones/markers are to be shipped together on the same pallet with sufficient non-steel banding in conjunction with stretch wrap along with the individual packaging materials shall be used to prevent damage to the headstones during shipping. Banding shall be in cross-directional pairs, four per pallet ensuring that the banding is routed through the pallet to minimize any movement of the headstones/markers while in transit. Non-staining corner cards or edge guards are to be utilized between the band and the monuments at each location where the banding meets the edge of a monument. The following specifications shall be used in conjunction with a heavy-duty 42” x 48”, 4-way wood pallet:

• Headstones shall be palletized with the crown (top) of the headstone within the pallet’s edge. Not to exceed: one (1) layer when placed on the narrow edge, three (3) layers when flat, ten (10) headstones total, or the capacity of the pallet.

• Protruding nails shall be hammered back into the wood pallet or replaced to avoid tearing the packaging and damaging the monument’s surface.

• The contractor accepts responsibility of any damage if the pallets size allows the monument to overhang the edge.

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

• The monuments shall be packed so that any adhesive, glue, or coloring from the packaging does not transfer and adhere to the stone during shipping or interim storage prior to use. All monuments and packing material shall be contained within the dimensions of the pallet with no overhang.

• Label “HANDLE WITH CARE” in one-inch-high red letters on the front and back of each packaged monument. Label “HANDLE WITH CARE” in one-inch-high red letters visible on each side of the pallet if palletized. Use of commercially available labels are acceptable.

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

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

o “In case of delivery problems, call (202) 461-4132 or (202) 501-2698 for guidance and follow up notification with email to: MPSProgSupport@va.gov” o Items damaged during transport must be reported by email to MPSProgSupport@va.gov and the damaged items must be positively destroyed by the transporter or transporter’s agent. The contractor shall document such monuments were, “…demolished or pulverized into small pieces and no portion of the inscription remained legible.”

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

A packing list shall be included and attached to the outside of the shrink-wrapped pallet for palletized orders. The packing list shall identify which headstones are on the pallet and include the following information: Order Number, Last name of the Veteran, and the Consignee name and address. The use of plastic, sealable pouches for the packing list is required to ensure the packing list is not removed or torn during transportation. NOTE: If a monument is removed from the pallet through final QC and palletizing, the packing list will be revised by lining out that monument to ensure the packing list accurately lists all monuments contained in the shipment. If there are multiple pallets in a shipment to the same consignee, each pallet will be numbered, e.g., four (4) pallets total being shipped, each pallet will be marked 1/4, 2/4, 3/4, 4/4. This will be marked in permanent black ink on each side of the pallet. Doing this will alert the consignee that four (4) pallets should be delivered in one shipment. The packing list shall be attached to the first pallet of the shipment, also noting that four (4) pallets are included in the shipment.

4.4 Overseas Shipments (OCONUS-International Only): All individual monuments destined for overseas shipments shall be shipped in wood crates that comply with the National Motor Classification and the Uniform Freight Classification. All OCONUS shipments will be FOB Origin utilizing Government carrier. The contractor is to contact MPSProgSupport@va.gov with consignee information and MPS will schedule the shipment pickup.

5.0 Delivery Performance

5.1 Normal Delivery: Excluding Accelerated Delivery, the contractor shall have 26 calendar days ARO (After Receipt Order) to deliver to CONUS (Contiguous United States) destinations excluding federal holidays for normal delivery on a FIFO (First-In, First-Out) basis.

5.1.1 OCONUS Delivery: OCONUS (outside the Contiguous United States) orders are F.O.B. Origin.

The contractor shall manufacture within fifteen (15) calendar days ARO and notify MPS ready for pickup.

5.2 Accelerated Delivery (10-Day Specials): All orders identified for accelerated delivery (10-day special) shall be manufactured within ten (10) calendar days, following the date MPS sent the order, at no additional cost to the Government. Transportation for accelerated orders will use normal transportation schedules.

5.3 Accelerated Delivery (Casualties of War): The goal of the NCA is to ensure the grave of active-duty service members who die because of enemy action is marked on the day of the interment. When the cemetery director is made aware of a pending burial request for a U.S. casualty of war, they will provide MPS the following:

• Inscription (front with section/grave for back)

• Monument type

• Lithochrome – yes or no

• Interment date and time

• Point of contact at the cemetery

MPS will e-mail the above information to the Contractor to expedite the order and provide a quote for transportation. The Government will provide the inscription with a minimum of two (2) calendar days’ notice and the date required. All inscriptions identified as an accelerated delivery shall be provided at no additional cost to the Government for the accelerated processing. Transportation costs over normal delivery will be submitted to MPS for approval.

The cemetery will submit an order after the interment with the required information and in the Remarks note: INVOICING PURPOSES ONLY – DO NOT DUPLICATE

6.0 Government Quality Assurance (QA)

6.1 Inspections: Quality Assurance (QA) inspections of the contractor’s manufacturing facility and products may be performed by the designated COR of the Memorial Products Service to assure satisfactory contract performance. The Government reserves the right to inspect the quality of blanks and the inscription process without prior scheduling or notifications to the contractor.

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

• Packaging and palletizing of products that promotes damage-free shipments and compliance with all contractual requirements.

• Execution of quality control procedures.

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

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

6.2 Quality System: The Contractor must develop and maintain a written inspection system that documents the quality and timeliness of finished products. The Contractor shall provide the designated COR reports on the Contractor’s processing and delivery of orders to the order consignee. Weekly reports must be emailed to MPS at MPSProgSupport@va.gov, with attention to the designated COR by the close of business, Tuesday of the next week. Should this day fall on a holiday, the report must be submitted no later than the next business day. Each report must include the following information:

• Date order was received

• Obligation number

• Shipment order number

• Date shipped

• Carrier’s name

• Carrier’s tracking number

• Quantity of orders shipped

• Items damaged during transport and subsequently destroyed

• Quantity of orders pending

• Estimated ship dates for pending orders

• Number of orders canceled

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

All weekly status reports shall include a Mandatory Aging Report which lists the following information:

• Quantity of pending orders on-hand

• Quantity of pending orders completed.

• Percentage of orders pending and completed.

Upon award, MPS will assist in setting up the aging report which will be used for the duration of the contract.

6.3 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. Some examples that merit inspection are:

• Non-conforming products 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 o Multiple reorders of same order due to loss or damage from inadequate packaging, labeling, or palletizing of product.

• The designated COR or inspector for this contract shall inform the Contractor of the deficiencies.

• The inspecting COR shall generate a site inspection report and determine the corrective action(s) and due dates with the contractor.

The Contracting Officer will determine if headstones/markers with disputed quality specifications are the contractor’s or the Government’s expense.

6.4 Monuments Damaged During Shipping: The contractor shall replace monuments damaged in shipping at no additional cost to the Government. The Government reserves the right to notify the contractor by email within two (2) business days of receipt of any monuments damaged during transportation. Upon notification, the contractor shall replace the damaged monuments within ten (10) calendar days from the date MPS sent the email to the contractor. MPS will also provide electronic copies of the bill of lading, if available, and a photo(s) of the damage to the prime contractor to aid the contractor’s filing a claim against the subcontracted transportation carrier. A replacement order will be entered and the new shipment order # will be forwarded to the contractor for reference that the order is processed as a replacement with no charge to the Government.

7.0 Order and Invoice Processing

7.1 Order Distribution: Contractors shall provide an email address for electronically receiving orders.

MPS shall electronically distribute orders to the contractor’s provided email address, Monday thru Friday.

Contractors shall manufacture and ship individual orders on a first-in/first-out basis. Each order for Normal Delivery shall be produced in numerical sequence by shipment order number.

7.2 Inscription Cancellations of Orders: Contractors are not authorized to correct or revise any inscriptions. If an error is noted on an order inscription, the contractor will contact MPS Program Support for direction. NCA’s Inscription policy does not allow for revisions outside of the ordering system. The originator will cancel, and the order will be replaced under a new shipment number.

7.3 Completion Point for Invoicing – FOB Destination: The Contractor’s responsibilities are deemed complete when satisfactorily prepared orders are delivered to the ordered destination (consignee’s address). The Contractor shall bear all charges to the point of destination.

7.4 Completion Point for Invoicing – FOB Origin: The Contractor’s responsibilities are deemed complete when satisfactorily prepared orders are transferred to the Government carrier.

7.5 Accelerated Request (Casualties of War): Provide all accelerated delivery and processing requests at no additional cost to the Government. Transportation costs in excess of normal delivery will be submitted to MPS for approval. Casualties of War orders are generated after the interment with “INVOICING PURPOSES ONLY – DO NOT DUPLICATE” in the Remarks.

7.6 Transportation Assessorial Charges: The contractor shall be responsible for all assessorial charges in reference to the delivery of the Government headstones and submit an invoice for reimbursement. The following assessorial charges are authorized for reimbursement by the Government:

• Liftgate Services

• Redelivery/Reconsignment

• Inside Delivery, if delivering to a private residence

• Expedite Delivery Service if written documentation is received from MPS.

When submitting an invoice for payment, the Contractor must include the following information and documentation:

• Name of Decedent

• Shipment Number

• Copy of the transportation company’s PAID IN FULL invoice for the assessorial charge

(assessorial charge must be listed on the invoice)

• Date the Contractor received the Order.

• Proof of Delivery (POD)

• Copy of all e-mails authorizing payment of assessorial charges

7.7 Bill of Lading (BOL): The contractor shall make electronic BOL’s available directly, indirectly through the transportation carrier’s website, or through electronic data interface (EDI) for all shipments under this contract. Proof of pick-up or proof of deliveries (POD) shall be generated and transmitted through EDI and no hardcopies of BLs or PODs shall be accepted by MPS.

7.8 Government Responsibilities: Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract shall require optimum coordination between the Government and the Contractor. The Contract Officer shall provide, at the time of the contract award, a list of MPS personnel authorized to act as the Contrac Officer’s Representative (COR) during the coordination.

7.9 Contractor Records and Files: The Contractor shall maintain records and files of all documents relating to each order filled under each Government Headstone and Marker contract. These records shall include, at minimum, copies of all orders, quality assurance records, inspection results, shipping documents (bearing carrier’s name and tracking numbers) and invoices. Upon request, these records shall be made available to the designated contract COR during on-site quality assurance inspections.

7.10 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.

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

END STATEMENT OF WORK

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/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 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)…