Nickel Niobium SOW.docx

DEFENSE LOGISTICS AGENCY

NICKEL NIOBIUM ALLOY

STATEMENT OF WORK

I. INTRODUCTION

A. BACKGROUND

The Department of Defense (DoD) procures parts that contain niobium. Niobium is commonly used in many forms; however, this statement of work (SOW) is only for nickel niobium alloy, which is used as a master alloy for enhanced strength in steel production.

B. OBJECTIVES

The objective of this procurement is to establish an indefinite delivery requirements type contract ordering vehicle to allow DLA to purchase nickel niobium alloy as needed within the parameters established.

C. SCOPE

The contractor will provide the necessary management, services, personnel, and documentation required to accomplish the tasks and provide the materials described within this SOW.

To reduce the risk of unavailability in the nickel niobium supply chain, DLA Strategic Materials intends to purchase nickel niobium alloy with maximum values shown in Table 1 over a five-year ordering period.

Table 1 - Maximum Quantities (in lbs)

D. COMPLIANCE REQUIREMENTS

The contractor must meet the below listed compliance requirements:

· Harmonized Tariff Schedule, the Tariff Act of 1930, and the Trade Act of 1974

· United States (US) Customs and Border Protection (CBP) Form 7501

· US CBP Form 6059 General Declaration

· US CBP Form 5106 Request for Importer Number or Notification of Importer Number

II. PERFORMANCE REQUIREMENTS

This procurement will be unrestricted under North American Industry Classification System (NAICS) 331410 Nonferrous Metal (except Aluminum) Smelting and Refining with a size standard of 1,000 employees.

Unless otherwise specified, all references to days are considered business days. The contractor will perform actions as necessary to accomplish the objectives stated above as well as the following tasks and deliverables.

A. MATERIAL REQUIREMENTS

1. Nickel niobium alloy

a. The material must be nickel niobium alloy consistent with the requirements identified below. All testing methods must be reported along with the components to which they were used to test.

Table 2 - Nickel Niobium Alloy specifications

b. Material must be a lump or flake material with dimensions under 50 mm in any direction with a maximum of 10% by mass of material retained on the sieve.

c. Each lot must be approximately 19,000 kg contained in 76 drums as defined in Section II.F of this SOW with each drum containing approximately 250 kg. Co-mingling of multiple production lots into one larger lot will not be accepted. The contractor must assign a unique lot number to each production lot.

d. Material must be non-radioactive, non-licensable per Nuclear Regulatory Commission (NRC) regulations. It must contain less than 0.05 percent combined thorium and uranium by mass. Th+U, Th, and U percent by mass must be reported individually on the contractor’s COA for each lot of material the contractor delivers to the government.

B. SAMPLING NICKEL NIOBIUM ALLOY

1. The government will witness the contractor’s sampling operations for each lot of material the contractor intends to deliver to the government for compliance with the sampling plan.

2. The government reserves the right to waive witnessing of the sampling process on a case-by-case basis.

3. The contractor must permit the government access to activities associated with sample collection and distribution at the time the contractor is manufacturing each lot of material the contractor intends to provide to the government.

4. The contractor must provide the government with written notice of the date(s) the contractor intends to begin processing, sampling, and testing activities of lots of material it intends to provide to the government at least 60 calendar days prior to that date.

5. The contractor must submit a sampling plan for niobium metal ingots as part of the proposal. The contractor's sampling plan must clearly describe the sampling process and how it produces a sample that is representative of the lot. The sampling plan must cite any relevant sampling standards used for sampling as applicable. The sampling plan must provide supporting documentation showing that the sampling practice produces a sample that is representative of the lot (e.g., cite a standard, industry practice, or data demonstrating the sample is representative, etc.).

a. The contractor must provide the government with a written summary in PDF format submitted by email of its sampling plan and activities no later than 60 calendar days prior to sampling of the ingots of material the contractor intends to provide to the government.

b. The contractor cannot make any changes to the sampling plan without the explicit written approval of the contracting officer (KO). If the contractor wishes to make changes to the approved sampling plan, the contractor must submit the revised proposed sampling plan to the KO for approval. The revised sampling plan must be submitted in PDF format by email. The KO will advise the contractor whether the revised proposed sampling plan is approved within seven calendar days of receipt. All sampling must be conducted in accordance with the approved sampling plan.

c. If subsequent contractor sampling plans and processes remain unchanged from previous sampling plans, the contractor must send an email to the government stating that there have been no changes to its sampling plan and processes 30 calendar days prior to the date the contractor begins its sampling activities.

6. The contractor must collect three equivalent samples for each lot of material the contractor intends to supply to the government – one set of samples for the contractor’s purposes, one set of samples for the government, and one set of samples for third-party laboratory analysis. All three samples must be of the same size and form and must be representative of the chemical properties of the lot of material. All three samples must have a minimum sample size that satisfies the requirements of the independent third-party laboratory for sample size.

7. The contractor’s ingot sampling process and procedures must be consistent with the sampling process and procedures the contractor typically uses for this material for other customers unless otherwise specified.

8. The contractor must ship the government’s sample for each lot with each lot of material it delivers to the government.

9. The contractor must document and transfer chain of custody of the lot’s analytical sample to the independent third-party laboratory.

C. TESTING NICKEL NIOBIUM ALLOY

1. The contractor must employ an independent third-party analytical chemistry laboratory (lab) to chemically characterize each lot of niobium ingot the contractor intends to deliver to the government. The lab must analyze each lot in accordance with Table 2 above.

2. The contractor must document this information to the government in a certificate of analysis (COA). The contractor must deliver a COA for each representative sample from each lot for which chemical analyses were performed.

3. The third-party lab used to perform verification testing must:

a. Be certified in International Organization for Standardization (ISO) 17025 through A2LA with the following specific certifications (at a minimum): sample preparation for mineral ore, limestone, ferro-alloys (falling within the A2LA P112 flexible scope policy); inductively coupled plasma (ICP) for Al, Ag, As, B, Ba, Bi, Ca, Cd, Ce, Co, Cr, Cu, Fe, K, La, Li, Mg, Mn, Mo, Na, Nb, Ni, P, Pb, Sb, Se, Si, Sn, Sr, Ta, Ti, V, W, Zn (falling within the A2LA P112 flexible scope policy); combustion analysis for C, N, O, S (falling within the A2LA P112 flexible scope policy); wavelength-dispersive x-ray fluorescence (WDXRF) analysis for Al, Ca, Cr, Co, Cu, Fe, Mn, Mo, Na, Nb, Ni, P, S, Si, Ti, V (falling within the A2LA P112 flexible scope policy); gravimetric precipitation analysis for CaF2, Mo, Nb, S, SiO2; volumetric analysis for B, Ca, Cr, Fe, Metallic Fe, Mg, Mn, Ni, Ti, V; gas evolution for CO2; and miscellaneous gravimetric analysis for sieve testing, loss on ignition, moisture at 105oC.

b. Have capability and experience in analytical chemistry techniques and methods and method development in wet chemistry (e.g., sample preparation and digestion, titration, reagent preparation, glovebox work, etc.), and instrumentational analysis.

c. Have capability and experience in clean pulverization capabilities, laboratory sample preparation and digestion, titration, and reagent preparation.

d. Have capability and experience in instrumental analysis including ICP optical emission spectroscopy/atomic emission spectroscopy (ICP-OES/AES), ICP-Mass Spectrometry (ICP-MS), and inert gas fusion and combustion analysis specifically using LECO or similar instruments.

4. The contractor must submit a draft testing plan with their proposal and final testing plan within 10 business days after award. The testing plan must include (at a minimum):

a. Name and address of the third-party laboratory the contractor intends to use;

b. Summary description of sample preparation;

c. Summary description of the methodology and instrumentation (as applicable) the lab will employ for each required data value in the SOW material specifications;

d. Any significant assumptions the lab might elect to make that are beyond the accepted assumptions made for chemical analysis (instruments and wet chemistry); and

e. Acknowledgement of the safety portion of the safety data sheet (SDS) for the specific material being tested.

5. The contractor cannot make any changes to the independent third-party analytical chemistry laboratory’s testing plan (i.e., the proposed analytical methodologies the independent laboratory will employ that will be submitted as part of the contractor’s proposal) without the explicit written approval of the KO.

6. If the independent third-party lab wishes to make changes to the approved testing plan, the contractor must submit a revised proposed testing plan for approval to the KO. The KO will advise the contractor whether the revised proposed testing plan is acceptable within seven calendar days of receipt. All testing must be accomplished in accordance with the approved testing plan.

D. CERTIFICATES OF ANALYSIS

1. The contractor must provide a COA with each production lot as defined within this SOW, which must be submitted to the government quality assurance specialist (QAS).

2. The contractor must affix a cover letter with their letterhead to each COA the contractor submits to the government. The contractor’s letterhead must include all information the contractor is required to report and that information is not generated by a separate entity. For example, the third-party must generate an analytical report on a lot of material and the contractor cannot alter that report in any manner but will affix a cover letter to that analytical report from the third-party lab.

3. The COA is a legal document, which attests that the materials delivered by the contractor meet the specifications as stated in this SOW. The government will determine based on the COA if the lot(s) of the materials are acceptable for delivery. The contractor must carefully sample and test the material to ensure the reliability of each submitted COA.

4. The COAs must be submitted by email in PDF format to the government for review and acceptance prior to shipping any lot(s) to the point of delivery.

5. The COA must have a statement certifying that the material meets and/or exceeds required material specifications as stated within this SOW.

6. The government POC will review every COA submitted to determine acceptability and compliance with the requirements in this SOW within 10 business days after receipt.

7. Each COA must include the following (at a minimum):

a. Lot number.

b. Weight and number of containers the COA covers.

c. List of tests performed and/or the methodology applied. The contractor must include any significant assumptions made other than typical assumptions for test methodology as a footnote to the reported value.

d. Numerical results and qualitative results (as applicable).

e. Error ranges/limits for results.

f. Specifications/requirements.

g. Name of the company or name of the laboratory performing the testing.

h. Date(s) each analysis is performed.

i. Printed name and signature of analyst.

8. The COA and all documents submitted to the government must be in English.

9. The contractor must submit with their proposal a COA for material that was previously produced by the contractor and that meets the required specifications listed in section A.

E. ENVIRONMENTAL, SAFETY, AND OCCUPATIONAL HEALTH

1. The government will ensure compliance with all federal, state, and local regulations as well as international laws (as applicable) for the use, transport, emergency response, and disposal of the acquired material.

2. The contractor must ensure compliance with the Department of Transportation (DOT) regulations by certifying hazardous materials are properly classified, described, packaged, marked, labeled, and are in a safe condition to transport the material (49 CFR 173).

3. The contractor must ensure compliance with the Occupational Safety and Health Administration (OSHA) regulations regarding the proper management, handling, storage, transportation, and disposition of material (29 CFR 1910).

4. The contractor must communicate the hazards of the material by providing the SDS in accordance with The United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS) (29 CFR 1910).

5. The contractor must ensure compliance with the Environmental Protection Agency (EPA) regulations for the characterizing of waste to determine appropriate disposal of material and any associated packing and shipping material (40 CFR 260).

6. The contractor must ensure compliance with Strategic Materials Environmental, Safety, and Occupational Health (ESOH) Depot Orientation Guide and ESOH Policy Statement available on the Strategic Materials website: https://www.dla.mil/Strategic-Materials/.

F. PACKAGING

1. Nickel niobium alloy.

a. Material must be packaged in new UN 1A2 compliant steel drums with a rated capacity of 55 gallons or metric equivalent capacity; no more than four drums per pallet.

b. The contractor must package all material delivered throughout the performance of this SOW in the same size and type of drum (identical in all aspects).

c. The contractor must submit detailed design drawings and manufacturer’s certifications for all proposed steel drums for use under this SOW for review and approval from the government QAS prior to their utilization.

d. No steel drums can be utilized that have not been preapproved for use under this SOW by the government.

e. The steel drums must be new. Use of used, recycled, repaired, remanufactured, or refurbished drums is not allowed.

i. The steel drums must have a bolt and ring closure.

ii. The steel drums must have a gasket made of a synthetic elastomer to prevent the admission of moisture and to prevent leakage of its contents, especially fine particulates. The gasket’s material must have a chemical resistance consistent with the contents of the drum.

iii. Both the steel drums’ exteriors and interiors must be hot dipped, galvanized, or painted with a rust preventive coating.

iv. A copy of the drum manufacturer’s certification must be packaged with each shipment representing all drums in that shipment.

2. Upon delivery the drums must be intact and free of damage, contamination, and leaks.

3. Palletizing requirements. All container/items must be placed onto new undamaged pallets meeting the specifications listed below and be banded together to prevent container/item movement during handling, transportation, or other operations where containers/items and/or personnel could be damaged and/or injured if the container/item shifts. The use of used, recycled, repaired, remanufactured, and/or refurbished pallets is not allowed.

a. Pallet design.

i. All pallets must be 48” deep (front to back) and 48” wide (side to side) in size.

ii. All pallets must contain four full-length solid stringers. One stringer must be located at each edge (side), and two stringers must be located in the interior of all pallets. Interior stringers must be spaced 18.5” (on center) from the outside of each edge (side). Stringers must be 1 5/8” in width and 3.5” in height. Segmented, composite, and/or block stringers are not allowable.

iii. All pallets must have flush sides (e.g., no wings).

iv. All pallets must contain “top decking” and “bottom decking” boards. All decking boards must be 6” in width with no more than 1” between boards. All decking boards must be ¾” in thickness and be solid.

v. All pallets must have a “two-way entry” configuration.

vi. Pallets may be reversible in design.

vii. All pallets must have a minimum rated load capacity of 750 pounds per square foot.

b. Pallet construction.

i. All pallets must satisfy the requirements listed in ASTM D6199-18a.

ii. All pallets must be constructed entirely (except fasteners) of high-density hardwood meeting the requirements of paragraph 6 of ASTM D6199-18a. Only high-density hardwood species categorized in “Group IV” of ASTM D6199-18a are allowable for pallet construction. The only allowable high density hardwood species used for pallet construction are beech, birch, hackberry, hard maple, hickory, oak (eastern), pecan, rock elm, American elm, white oak, and green oak. Pallets may be constructed by mixing together or using different high density hardwood species listed above interchangeably.

iii. All pallets must satisfy the requirements listed in International Standards for Phytosanitary Measures (ISPM) 15 (e.g., heat treated etc.).

iv. Only driven nails that are “helically” threaded, “annularly” threaded or “fluted” are allowable for use in pallet construction. The fastener length must be sufficient to provide a minimum penetration of 1.25” into the stringer.

4. An SDS specific for each grade of the contained material must be accessible and external to the packed material with each delivery. All packages must meet all requirements presented in Section II.E to ensure compliance with federal, state, and local regulations for the transporting, handling, and management of material.

G. LABELING

1. All individual containers or ingot pallets must be identified with an attached tags(s)/label(s) as follows:

a. The font size must be of sufficient size to be legible to the unaided eye.

b. All information on tag(s)/label(s) must be in English.

c. Any ink used to print tag(s)/label(s) must be indelible, permanent, and suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. The use of paint on tags/labels to enter the required information on each tag/label is not allowable.

d. The tag/label material must be durable and suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. The tag/label material must not react with the commodity being tagged/labeled.

e. Tag/label material must have an expected lifespan of a minimum of 20 years with no degradation.

f. All tag(s)/label(s) must be of sufficient size to permit the listing of all required information.

2. The information below must be listed on each tag/label or included with the ingot. The marking must not include a security classification or anything indicating DLA Strategic Materials ownership other than the contract and delivery order number.

a. Commodity name

b. Commodity grade, type, or form

c. Merge number

d. Country of origin

e. Producer name

f. Producer’s part number

g. Gross weight in pounds and metric units (metric units to be in parentheses)

h. Net weight in pounds and metric units (metric units to be in parentheses)

i. Lot number

j. Ingot serial number. The serial number is the individual ingot number in relation to the total number of ingots in the lot (e.g., ingot 25 of 100 ingots in the lot). Each ingot will be stamped on opposite ends with that ingot’s serial number corresponding to that ingot’s particular lot.

k. Contract and delivery order number.

3. A separate metal tag must be attached to each individual container or ingot with a laser etched three dimensional barcode containing the data listed in paragraph G.2 above.

4. Tag(s)/label(s) must be attached to each container in a permanent manner that prevents accidental detachment. The means of attachment must be suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist.

5. For non-ingot material, one tag/label must be attached to the exterior of each drum container in a permanent manner that prevents accidental detachment. A second tag/label must be attached to the topside of the lid of each drum. A third tag/label must be attached to the underside of the lid of each drum. The means of attachment must be suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. Attachment by adhesive means (e.g., glue, adhesive backed tag/label etc.) is acceptable.

6. All packages must meet all requirements presented in Section II.E to ensure compliance with federal, state, and local regulations for the transporting, handling, and management of material.

H. TRANSPORTATION

The contractor is responsible for transport as well as for carrier and insurance paid to (CIP) of the material to the point of delivery at the government storage depot in Scotia, NY.

I. DELIVERY

1. The contractor must deliver materials to the following:

Defense Logistics Agency Strategic Materials Scotia Depot Route 5, Building #12 Scotia, NY 12302-9463 Telephone: 518-370-3347

Unloading Hours: 7:30am – 2:30pm (EST), Monday through Friday except for federal, state and local holidays and days of closure because of inclement weather and/or other emergencies.)

Accessibility: Truck scale is available (Truck scale weight capacity is 90,000 lbs. and the rail scale capacity is 500,000 lbs.).

2. The contractor must schedule each delivery with the quality assurance specialist (QAS) only after the COA is accepted. The contractor must schedule in writing with the QAS all deliveries a minimum of 10 business days in advance of delivery and receive written acceptance of the proposed delivery schedule from the QAS prior to any shipping.

3. The contractor must plan delivery of material so that no more than two trucks arrive per day.

J. INSPECTION AND ACCEPTANCE

1. DLA personnel will perform in-depth visual inspections of material upon transferring to DLA custody at the final delivery point to verify conformance with the requirements stated in the SOW that can be verified visually.

2. The government reserves the right to sample and test each lot of material received to verify the material meets the material specifications set forth in the SOW.

3. The QAS will provide written notification of the acceptance/rejection of each delivered lot of material to the contractor within 20 calendar days of delivery. The contractor cannot invoice until the QAS has issued a written notification of acceptance of each cast/ingot of material delivered.

4. If any delivered lot of material or other deliverables does not conform to the requirements stated in this SOW, the government reserves the right to reject the non-conforming material.

5. Material rejected based on non-compliance must be replaced at no cost to the government. The contractor is responsible for removal and replacement of rejected lots of material including all attendant costs within 90 calendar days of the final delivery. The government reserves the right to demand compensation for lost time.

K. DELIVERABLES

The contractor is required to create and maintain all documentation, records, and schedules described within this SOW, which become the property of the government to include any/all draft documentation.

All deliverables will be inspected for conformance to contract requirements. At the discretion of the government, inspection may include validation of information or testing of the deliverables.

The government requires a period not to exceed 10 business days after receipt of deliverable item(s) for inspection, acceptance, or rejection.

The government will use the following as criteria for accepting deliverables:

· The basis for acceptance will be compliance with the requirements set forth in this SOW.

· Reports and document deliverables will be accepted when all discrepancies, errors, or other deficiencies identified in writing by the government have been corrected to the government’s satisfaction.

· The contractor will submit all deliverables electronically to the identified government representative and KO. The electronic copies must be compatible with Microsoft Office or other applications as appropriate and mutually agreed to by the parties. All documents must be editable by the government.

· For new items or for those where the government has not provided a format, the contractor will propose a best commercial practice and submit for government approval.

· All of the government's comments on deliverables must be adjudicated within review timelines.

For all deliverables, government review will be within 10 business days and resubmission by the contractor within 10 business days after receiving comments. Timelines are based on the receipt of the email. Any email received before noon EST is considered day one of the review period. For example, a deliverable submitted on Monday, January 27, 2020 before noon must have comments received by 5pm EST Friday, February 7, 2020. Emails received after noon EST will have review period starting the following day. Using the same example, a deliverable submitted on Monday, January 27, 2020 after noon EST will have comments required by COB Monday, February 10, 2020. System delays/lag time are not within control of the contractor or government personnel. Deliverables/comments will not be considered late if the emails are timestamped within the appropriate timeframes regardless of when they are actually received on the recipient’s system. For example, if a deliverable is shown to have been sent by 5pm EST on the due date; however, it does not show up in the government’s system until that evening or the next day, the deliverable is considered to be on time.

If government acceptance is not provided in writing within 10 business days, the deliverable is considered ‘accepted’. The government can request additional time for review/comment for initial deliverables only; however, the additional time cannot exceed 10 business days (20 business days total from receipt of the initial deliverable), and the request must be submitted/agreed to in writing prior to the expiration of the initial 10-day review period. The government will have five business days to review deliverable resubmissions. If the government does not provide written acceptance of the resubmittal within five business days, the deliverable is considered ‘accepted’. There will only be one resubmission per deliverable unless agreed upon between the government and the contractor.

L. DELIVERY SCHEDULE

All “days” identified in this contract are business days unless otherwise specified. If deliverables are inadvertently scheduled for a weekend/holiday, then the due date becomes the next business day. The end-of-day for deliverables is 5pm eastern time.

M. CONTRACTOR MANAGEMENT ENGAGEMENT

The contractor will designate a partner who will have authority to act as the principal point of contact with the identified government point of contact and KO; to supervise and direct contractor personnel employed under this contract; and otherwise has authority to act on the contractor’s behalf in all contract performance matters. The contractor will also provide the chain of command within the company and the upper management (e.g., director and vice president of the partner) in the event issues warrant their involvement.

III. OTHER PERFORMANCE REQUIREMENTS

A. CONTRACTOR INTERFACES

As part of the performance of this contract, the contractor may be required to work with other contractors working for the government. Such other contractors will not direct this contractor in any manner, nor will this contractor direct the work of any other contractors in any manner.

B. DATA USE, DISCLOSURE OF INFORMATION, AND HANDLING OF SENSITIVE INFORMATION

Performance of this contract may require the contractor to have access to controlled unclassified information (CUI). The contractor will maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The contractor will provide information only to its employees, government personnel, and subcontractors having a need to know such information in the performance of their duties for this project.

The contractor will not use, disclose, or reproduce proprietary data that bears a restrictive legend other than as required in the performance of this effort. Nothing herein precludes the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the government between the contractor and the data owner that provides for greater rights to the contractor.

Information made available to the contractor by the government for the performance or administration of this effort must only be used for those purposes and must not be used in any other way without the written agreement of the KO.

If non-public information is provided to the contractor for use in performance or administration of this effort, the contractor may not use such information for any other purpose without the written permission of the KO. If the contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the contractor will consult with the KO regarding use of that information for other purposes. The contractor agrees to assume responsibility for protecting the confidentiality of government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed must be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

C. LIMITED USE OF DATA

Performance of this effort may require the contractor to access and use data and information propriety to a government agency or government contractor that is of such a nature that its dissemination or use, other than in performance of this effort, would be detrimental to the interests of the government and/or others. Contractor and contractor personnel must not disclose or release data or information developed or obtained in performance of this effort until made public by the government except to authorized government personnel or upon written approval of the KO.

D. PAYMENTS FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed KO. Only a duly appointed KO is authorized to change the specifications, terms, and conditions under this effort.

E. PHYSICAL SECURITY

1. DISCLOSURE OF INFORMATION. The contractor must not disclose information with regard to this contract. All contractor personnel are responsible for protecting the government’s information and the proprietary information of other contractors. Information made available to the contractor by the government for the performance or administration of this effort must be used only for those purposes and must not be used in any other way without the written agreement of the KO. The contractor agrees to assume responsibility for protecting the confidentiality of government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed must be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

2. DATA RIGHTS. The government has unlimited rights to all documents/materials produced under this contract to include any/all working copies, drafts, etc. All documents and materials to include the source codes of any software produced under this contract are government owned and are the property of the government with all rights and privileges of ownership/copyright belonging exclusively to the government. These documents and materials may not be used or sold by the contractor without prior written permission from the KO. All materials supplied to the government are the sole property of the government and may not be used for any other purpose. This right does not abrogate any other government rights.

F. ORGANIZATIONAL CONFLICTS OF INTEREST

If the contractor is currently providing support or anticipates support to DLA or another federal agency that creates or represents an actual or potential organizational conflict of interest (OCI), the contractor will immediately disclose the actual or potential OCI in writing to the KO. This includes the hire or potential hire of former federal employees as contractor employees, consultants, or subcontractors. The contractor is also required to complete and sign an OCI statement in which the contractor and any subcontractors agree to disclose information concerning the actual or potential conflict with any quote for any solicitation relating to any work in the contract. Failure to disclose actual or potential OCI situations may result in removal from consideration for award or contract termination depending on when the OCI is discovered.

To avoid any potential conflicts of interest, the contractor agrees that it may not restrict the conception, design, or configuration of its analyses, recommendations, or findings in a manner that will favor any endeavors that are its separate marketing efforts or those of its affiliates, subordinates, or other commercial ventures.

Restrictions on contractor activity. The contractor must restrict its activities as follows:

· Contractor employees must conduct only business covered by this PWS while on government premises.

· Contractor employees, while performing contract tasks, must not solicit new business from the government.

· Contractor business cards, letterhead, stationary, email signatures, and any other identifying products must not in any way imply employment or legal affiliation with the U.S. Government, DoD, DLA, or any other government component.

· Neither the contractor nor any contractor employees may use government stationery or any form of representation of government affiliation.

· Neither the contractor nor any contractor employees must in any way represent, either orally or in writing, that they are employees or agents of the government or have any authority to act on the government’s behalf.

G. SECTION 508 COMPLIANCE

Any/all electronic and information technology (EIT) procured through this effort must meet the applicable accessibility standards at 36 CFR 1194, which implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov.

H. INVOICING AND PAYMENT SCHEDULE

Invoices can only be submitted after government acceptance of all materials in accordance with this SOW and the contract terms and conditions. Refer to the remarks page of the contract and each delivery order for specific details. Invoices must be submitted electronically through Wide Area Workflow (WAWF) in accordance with DFARS Clause 252.232-7006. Invoice notifications must be sent through WAWF to the KO.

The contractor’s failure to include the necessary information will result in invoices being rejected.

Back up documentation must be included and attached to the invoice in WAWF.

I. ADMINISTRATIVE REQUIREMENTS

To promote timely and effective administration, correspondence will be subject to the following procedures:

· All correspondence will be addressed to the identified government point of contact and KO.

· All past performance requests should be directed to CPARS for data pulls; however, any requests for completion of past performance questionnaires must be sent to the KO. Past performance questionnaires cannot be given to other government personnel without written approval of the KO.

J. INTERACTIONS

The KO has the sole authority to obligate the government. The contractor’s interaction with other government organizations must be through the identified government point of contact or KO as required.

K. PERIOD OF PERFORMANCE

The period of performance for the resulting contract is estimated to be for one base year and four option years as follows:

Base year: February 16, 2026 – February 15, 2027 Option year one: February 16, 2027 – February 15, 2028 Option year two: February 16, 2028 – February 15, 2029 Option year three: February 16, 2029 – February 15, 2030 Option year four: February 16, 2030 – February 15, 2031

Delivery orders will be issued as requirements arise and may be issued up through and including the final expiration date of the basic contract.