SF1449_SP800025Q0002.pdf

2022-Feb-04

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

Multiple

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SP8000-25-Q-0002

6. SOLICITATION ISSUE

DATE

2025 FEB 03

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Carrie K. Powers, Email: carrie.powers@dla.mil

b. TELEPHONE NUMBER (No collect calls)

614-692-9916

8. OFFER DUE DATE/

LOCAL TIME

2025 MAR

06 / 3:00PM

EST

9. ISSUED BY CODE SP8000

DCSO COLUMBUS DIVISION #3

3990 EAST BROAD STREET

COLUMBUS OH 43218

10. THIS ACQUISITION IS

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

X UNRESTRICTED OR SET ASIDE: % FOR:

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

USA

Initiator: Carrie Powers DCP0062 Tel: DSN850-9916 Email: carrie.powers@dla.mil

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A)

NAICS: 331491

SIZE STANDARD: 900 Employees

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

Net 30 days

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP8000

SEE SCHEDULE SEE BLOCK 9

Criticality: C PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED. SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X 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.

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 mailto:carrie.powers@dla.mil

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 3 OF 86 PAGES

TABLE OF CONTENTS

A. CONTINUTATION OF STANDARD FORM 1449 4

A.1. SF 1449 Supplemental Information 4

A.2. Administrative Summary 4

B. SUPPLIES OR SERVICES AND PRICES/COSTS 8

C. STATEMENT OF WORK (SOW) 12

D. CONTRACT CLAUSES 21

D.1. Clauses Incorporated by Reference 21

D.2. Clauses in Full Text 23

E. SOLICITATION PROVISIONS 41

E.1. Provisions Incorporated by Reference 41

E.2. Provisions in Full Text 42

Addendum to FAR 52.212-1, Instructions to Offerors— 42 Commercial Products and Commercial Services

FAR 52.212-2, Evaluation—Commercial Products and 46 Commercial Services

F. LIST OF ATTACHMENTS 87

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 4 OF 86 PAGES

A. CONTINUATION OF STANDARD FORM 1449

A.1. SF 1449 Supplemental Information

A.1.1. Block 8

Offer Due Date/Local Time: The open period to submit quotes will be from 03 February 2025 – 06 March 2025. The deadline for the receipt of quotes is hereby established as 3:00 P.M. Eastern Standard Time (EST) on 06 March 2025.

Offerors are requested to submit complete quotes for all requirements as specified in this solicitation.

Quotes may be submitted at any time during the open period of the solicitation. Any quote not received during the Open Period (on or between the Opening Date and its corresponding Closing Date) may not be evaluated and will be returned to the offeror. Federal Holidays are identified as those established by Federal law (5 U.S.C. 6103) and made available to the public by the Office of Personnel Management through the following website: http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/.

A.2. Administrative Summary

A.2.1. This is a solicitation for the acquisition of commercial items using FAR Part 13.5 (Simplified Acquisition Procedures) with additional information included in this notice and file attachments.

A.2.2. Solicitation SP8000-25-Q-0002 is a Request for Quote (RFQ). DLA Contracting Services Office - Columbus Division 3 (DCSO-C3) intends to award and administer a single Firm-Fixed price (FFP) contract, using a Standard Form (SF) 1449 as the award document for the contract. The Government reserves the right to not award any or all Contract Line-Item Numbers (CLIN), if it proves to be in the best interest of the Government.

A.2.3. All offerors must be registered in the System for Award Management (SAM) with the applicable NAICS code 331491, to be considered for award. The web site for registration is https://SAM.gov.

A.2.4. This solicitation document and incorporated provisions and clauses are those in effect through the—

• Federal Acquisition Circular 2025-02, effective January 03, 2025.

• Defense Federal Acquisition Regulation Supplement (DFARS) effective December 18, 2024.

• Defense Logistics Agency Directive (DLAD) PROCLTR 2024-12, effective September 6, 2024

The complete text of any of the clauses, provisions and DLAD notes may be accessed in full at https://www.acquisition.gov/ and http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

A.2.5. This acquisition is Unrestricted. The applicable NAICS code is 331491 –Non Ferrous Metals, with a size standard of 900 employees.

A.2.6. The Defense Logistics Agency (DLA) by and through the DCSO-C3 intends to award a contract for up to 174 metric tons (MT) of Titanium as Ti CP-02 and Ti 6-6-2. The Government reserves the right to award for less than the maximum quantity. All Titanium to be delivered under any resulting contract shall be packaged and delivered using standard industry practices at a minimum. Each ingot shall be imprinted or permanently marked at top and bottom with a unique serial number that correlates to the COA. The serial number is in English, able to be read to unaided eye and able to withstand the elements for a minimum of twenty years.

http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ https://sam.gov/ https://www.acquisition.gov/ http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 5 OF 86 PAGES

This procurement will additionally require sampling of the Titanium to be performed by an independent sampling subcontractor and testing of the Titanium. Any eventual contract award will require the Contractor to deliver the material to Hawthorne, Nevada.

A.2.7. This requirement has a 24-month period of performance, at the conclusion of which all ordered Titanium (up to 174 MT) shall have been delivered.

A.2.8. The provision at FAR 52.212-1, Instructions to Offerors--Commercial Products and Commercial Services, and its Addendum, applies to this acquisition.

A.2.9. The provision at 52.212-2, Evaluation--Commercial Products and Commercial Services, applies to this acquisition. The evaluation factors are: Technical Approach, Laboratory Testing Approach, Past Performance, and Price.

A.2.10. A completed copy of FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, applies to this acquisition and shall be submitted with your quote if not available through SAM at https://www.sam.gov.

A.2.11. The clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Products and Commercial Services, applies to this acquisition.

A.2.12. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services, applies to this acquisition.

A.2.13. Payment Terms: Net 30

A.2.14. SOLICITATION INSTRUCTIONS:

A.2.14.1 Questions or clarifications in response to the solicitation must be submitted NLT February 10, 2025, at 3:00 PM EST. Questions received after February 10, 2025, will not receive a response. Please submit all questions to Carrie Powers at carrie.powers@dla.mil (and carbon copy Alicia Barrowman at alicia.barrowman@dla.mil ) with "SP8000-25-Q-0002: Titanium Ingot Solicitation Clarification Request" in the Subject line.

A.2.14.2. The Offeror shall mark each page of its quote with the legend “Source Selection Information – See FAR 2.101 and 3.104.” This includes the cover page and every page that may contain source selection information. Note that the Offeror has an independent requirement to mark anything deemed to be bid or quote information, protected proprietary information, or other information that is to be protected from disclosure to ensure that the information is protected.

A.2.14.3. Quote Content and Volumes. The Offeror shall submit their quotes using the breakout below.

Volume 1: Introduction

a. Cover Page. The cover page shall include the following:

i. Quote Title and Solicitation Number

ii. Offeror’s Name and Address

iii. Principal Point of Contact Name, Email Address, and Phone Number

iv. Offeror’s CAGE / Unique Entity Identification (UEID) Numbers

b. Table of Contents:

i. The table of contents shall provide sufficient detail as to allow the important elements to be easily located.

http://www.sam.gov/ mailto:alicia.barrowman@dla.mil

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 6 OF 86 PAGES

c. Cover Letter and Executive Summary

i. The cover letter should be on company letterhead and must contain a statement committing the Offeror to the quote and stating its validity for a period of at least 60 days. This letter should also include the name, title, phone number, and e-mail address for the persons authorized to negotiate with the Government in connection with the solicitation. The letter must be signed by a responsible officer or partner/principal of the Offeror who is authorized to bind the firm contractually.

The letter must also contain a statement that the quote meets the specifications of each subsection of the solicitation.

ii. A brief Executive Summary of the Offeror’s quote. This summary will not be evaluated but will be used to gain an understanding of the overall quote contents.

It should identify and highlight significant features of the quote and include the salient points contained in the various volumes and chapters. The Executive Summary shall not include any price-related information. Additionally, the Executive Summary shall state any proposed exception or deviation that the quote is making from the solicitation. Solicitation deviations and qualifications may cause quotes to be considered unacceptable and rejected without further consideration.

d. SF1449 and Amendments

i. The completed and signed SF1449. If applicable, the quote shall also include signed acknowledgments of any amendments.

e. Small Business Subcontracting Plan.

i. The proposed FAR 52.219-9 Small Business Subcontracting Plan, if applicable.

Volume 2: Technical Approach and Laboratory Testing Approach

a. Submit the Technical Approach in accordance with the instructions found on page 46-48 of this solicitation within FAR provision 52.212-2.

b. Submit the Laboratory Testing Approach in accordance with the instructions found on page 48-49 of this solicitation within FAR provision 52.212-2.

Volume 3: Past Performance

Submit the Past Performance narrative in accordance with the instructions found on page 49-50 of this solicitation within FAR provision 52.212-2.

Volume 4: Proposed Pricing

Submit proposed pricing by following the instructions within Section B of this solicitation and completing all requested CLIN fields. This shall be the only volume where any reference to proposed pricing is made.

A.2.14.4. Offerors shall submit their quotes via email to Carrie Powers at carrie.powers@dla.mil , and carbon copy Alicia Barrowman alicia.barrowman@dla.mil with “SP8000-25-Q-0002: Quote” in the Subject line by 06 March 2025, at 3:00 PM EST. Offerors are strongly encouraged to confirm receipt of their quotes after submission. Alternatively, quotes may be submitted via DoD SAFE (https://safe.apps.mil/) to Carrie mailto:carrie.powers@dla.mil https://safe.apps.mil/

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 7 OF 86 PAGES

Powers at carrie.powers@dla.mil and Alicia Barrowman at alicia.barrowman@dla.mil. Quotes submitted via US mail will not be accepted.

A.2.14.5. In accordance with FAR 15.208(a) Offerors are responsible for submitting quotes, and any revisions, and modifications, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

A.2.15. CONTACT INFORMATION

Contracting Office Address:

Defense Logistics Agency DLA Contracting Services Office – Columbus Division 3 3990 East Broad Street Columbus, Ohio 43218-3990

Primary Point of Contact:

Carrie Powers, Contract Specialist Phone: 614-692-9916 Email: carrie.powers@dla.mil

Secondary Point of Contact:

Alicia Barrowman, Contracting Officer Phone: 614-692-9640 Email: alicia.barrowman@dla.mil mailto:carrie.powers@dla.mil mailto:alicia.barrowman@dla.mil

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 8 OF 86 PAGES

Contract Line-Item Number (CLIN) Schedule Titanium Ingots

SP8000-25-Q-0002

Defense Logistics Agency Strategic Materials (DLASM) intends to purchase and store an inventory of up to 133-195 metric tons (MT) of titanium ingots, divided as in the table below. The Contractor shall provide and deliver titanium ingots for a period of performance of 24 months.

The Government reserves the right to award multiple awards for this Solicitation.

CLIN Material Minimum Weight (MT) Weight (Maximum, MT)

0001 Ti CP-2 66.5 97.5 0002 Ti 6-6-2 66.5 97.5 0003 Testing N/A N/A

The Government may award for quantities between the stated minimums and maximums, with final award quantities being based on offered prices-per-MT (unit prices) established below.

Below is a list of Contract Line-Item Numbers (CLINs) for a 24-month Base Period.

B. SUPPLIES OR SERVICES AND PRICES/COSTS

SUPPLIES/SERVICES: 9650-N00007578

ITEM DESCRIPTION: Titanium CP-2 (Ti CP-2). In accordance with the SOW, the Contractor shall source, package, and deliver the awarded quantity of Titanium CP-2. Pricing under this CLIN shall be reflective of all work to be performed under the SOW except for any work performed under CLIN 0002 and CLIN 0003.

ITEM NO. Supplies/Services Max Weight

(Metric Tons, MT) UNIT PRICE EXT PRICE 0001 9650-N00007578

NonFerrous Metals

97.5 $ $

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 24 months after date of contract award

PREP FOR DELIVERY: Packaging and labeling shall be in accordance with Sections 7 and of the Statement of Work (SOW).

SW0844

DLA- STRATEGIC MATERIALS HAWTHORNE

1 SOUTH MAINE AVE

BLDG 110-66C

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 9 OF 86 PAGES

HAWTHORNE NV 90415

US

CLIN 0001 Note 1 to the Offeror: Offerors shall propose pricing, on a per MT basis, for the following quantity ranges of Titanium CP-2:

Range Metric Ton Weights Proposed Price (per MT)

Range 1 66.5 MT – 72 MT

Range 2 73 MT – 79 MT

Range 3 80 MT – 86 MT

Range 4 87 MT –93 MT

Range 5 94 MT – 97.5 MT

CLIN 0001 Note 2 to the Offeror: For evaluation of proposed pricing, the Government will use the Maximum Weight (MT) of 97.5 MT shown in the table above. To determine the proposed extended price, the Offeror shall multiply the proposed unit price by 97.5 .

CLIN 0001 Note 3 to the Offeror: The Government may award for any quantity up to a maximum weight of 97.5 MT, using the proposed unit price under the applicable range.

SUPPLIES/SERVICES: 9650-N00007578

ITEM DESCRIPTION: Titanium CP-6-6 (Ti 6-6-2). In accordance with the SOW, the Contractor shall source, package, and deliver the awarded quantity of Titanium 6-6-2. Pricing under this CLIN shall be reflective of all work to be performed under the SOW except for any work performed under CLIN 0002 and CLIN 0003.

Max Weight

ITEM NO. Supplies/Services (Metric Tons, MT) UNIT PRICE EXT PRICE 0002 9650-N00007578

NonFerrous Metals

97.5 $ $

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 24 months after date of contract award

PREP FOR DELIVERY: Packaging and labeling shall be in accordance with Sections 7 and of the Statement of Work (SOW).

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 10 OF 86 PAGES

SW0844

DLA- STRATEGIC MATERIALS HAWTHORNE

1 SOUTH MAINE AVE

BLDG 110-66C

HAWTHORNE NV 90415

US

CLIN 0002 Note 1 to the Offeror: Offerors shall propose pricing, on a per MT basis, for the following quantity ranges of Titanium CP-2:

Range Metric Ton Weights Proposed Price (per MT)

Range 1 66.5 MT – 72 MT

Range 2 73 MT – 79 MT

Range 3 80 MT – 86 MT

Range 4 87 MT –93 MT

Range 5 94 MT – 97.5 MT

CLIN 0002 Note 2 to the Offeror: For evaluation of proposed pricing, the Government will use the Maximum Weight (MT) of 97.5 MT shown in the table above. To determine the proposed extended price, the Offeror shall multiply the proposed unit price by 97.5 .

CLIN 0002 Note 3 to the Offeror: The Government may award for any quantity up to a maximum weight of 97.5 MT, using the proposed unit price under the applicable range.

SUPPLIES/SERVICES: H999-V00007070

ITEM DESCRIPTION: Testing for Titanium CP-2 and Titanium 6-62. In accordance with the SOW, the

Contractor shall provide testing for each lot of the Titanium.

ITEM NO. Supplies/Services Number of Lots

UNIT PRICE

(Price per Lot) EXT PRICE

0003 H999-V00007070 Other Quality Control, Test & Insp-Misc

PERIOD OF PERFORMANCE: 24 months

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 11 OF 86 PAGES

CLIN 0003 Note 1 to the Offeror: Offerors shall propose the number of lots to be tested, and propose pricing on a per lot basis, for the following quantity ranges of Titanium :

Range Metric Ton Weights Proposed Number of

Lots Proposed Price (per Lot)

Range 1 133 MT – 144 MT

Range 2 145 MT – 158 MT

Range 3 159 MT – 172 MT

Range 4 173 MT –186 MT

Range 5 187 MT – 195 MT

CLIN 0003 Note 2 to the Offeror: For evaluation of proposed pricing, the Government will use the proposed number of lots and proposed pricing for the 133 MT – 195 MT range shown in the table above. To determine the proposed CLIN 0003 extended price, the Offeror shall multiply the proposed number of lots for this range by the proposed unit price for this range.

CLIN 0003 Note 3 to the Offeror: The Government may award for any number of lots up through the number proposed in Range 5, using the proposed unit price under the applicable range.

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 12 OF 86 PAGES

STATEMENT of WORK (SOW)

TITANIUM

1. INTRODUCTION

Titanium (Ti) is a metallic element most known for high-strength-to-weight ratio and excellent corrosion resistance. These properties along with its relatively high melting point makes titanium ideal for jet engines and airframes. Military airframes require a much higher percentage of titanium than commercial planes because of their extreme dynamic and static loads. In addition to aerospace applications, titanium is also used in maritime and industrial applications due to its resistance to corrosion in seawater and acidic environments. Due to its importance, Defense Logistics Agency (DLA) Strategic Materials received authority to procure titanium in the Fiscal Year (FY) 2024 from the National Defense Authorization Act (NDAA).

2. SCOPE OF WORK

DLA intends to purchase titanium ingots as stated throughout this solicitation.

3. APPLICABLE DOCUMENTS

The Contractor shall abide by the following documents:

a) Occupational Safety & Health Administration (OSHA) 29 CFR 1910.1200

b) The United Nations Globally Harmonized System of Classification and Labeling of

Chemicals (GHS)

c) Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR 170-

189)

d) US Code Title 10, Section 4863 (10 U.S.C. 4863)

e) ASTM B348/B348M-21 (December 8, 2021)

f) SAE-AMS6936D (November 10, 2023)

4. TECHNICAL REQUIREMENTS

4.1. The Contractor shall provide up to 97.7 MT (215,000 lbs.) of Ti CP2 and up to 97.7 MT

(215,000 lbs.) of Ti 6-6-2 titanium in ingot form only.

4.2. Conversions are using the following assumptions:

1 Metric Ton (MT) = 1000 kilograms (kg); 1 Short Ton (ST) = 2000 lbs.

1 Metric Ton ;: 1.1 Short Tons or 1 kg ;: 2.2 lbs.

4.3. Ingots shall meet the following compositions:

All percentages by Mass Ti CP-2

(ASTM B348)

Ti 6-6-2 (AMS

6936) Aluminum (Al) (max) - 6.0% (max) Vanadium (V) (max) - 6.0% (max)

Iron (Fe) 0.30% (max) 0.35-1.0% Oxygen (O) (max) 0.25% (max) 0.20% (max) Carbon (C) (max) 0.08% (max) 0.050% (max)

Nitrogen (N) ) (max) 0.03% (max) 0.040% (max)

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 13 OF 86 PAGES

Ti SOW

Hydrogen (H) ) (max) 0.015% (max) 0.015% (max)

Tin (Sn) (max) - 2.0% (max) Residual Elements Each 0.10% (max) - Residual Elements Total 0.40% (max) -

Titanium Balance 82.895-87.8%

4.4. Each individual ingot shall weigh no more than 11.34 MT (25,000 lbs.).

4.5. Each individual ingot shall be between 30 inches and 42 inches in diameter and be between 8.3 feet and 19 feet in length.

4.6. 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 weight.

5. SAMPLING

5.1. The Government reserves the right to sample and test each ingot of material received to verify the material meets the material specifications set forth in the SOW.

5.2. The Government reserves the right to witness the sampling and/or testing of each ingot of material. The Contractor shall permit the Government access to activities associated with sample collection and distribution; at the time the Contractor is manufacturing each ingot of material the Contractor intends to provide to the Government. The Contractor’s ingot production facilities must be within the Continental United States (CONUS) for all ingots the Contractor intends to supply the Government.

5.3. The Contractor shall provide the Government with written notice of the date(s) the Contractor intends to begin processing and sampling and testing activities of ingots of material it intends to provide to the Government, a minimum of thirty (30) business days prior to that date. The Contractor shall provide the Government with a written summary (via email and in PDF format) of its sampling plan and activities; that summary will clearly describe the sampling process and it will cite any relevant sampling standards it uses in its sampling, as applicable, The Contractor shall submit this summary to the Government no later than thirty (30) business days prior to sampling of the ingots of material the Contractor intends to provide to the Government. If subsequent Contractor sampling plans and processes remain unchanged from previous sampling plans and processes the Contractor submitted to the Government, the Contractor shall submit an email to the Government, stating the Contractor has no changes to its sampling plan and processes ten (10) business days prior to the date the Contractor begins its sampling activities.

5.4. The Contractor shall collect samples for each ingot of material it intends to provide to the Government. The Contractor’s ingot sampling process and procedure shall be consistent with the Contractor’s sampling process and procedure the Contractor typically uses for this material for other customers. The Contractor shall permit the Government to inspect and observe the Contractor’s sampling process. The Contractor shall collect three equivalent sets of samples for each ingot 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 laboratory reserve. All three samples shall be of the same size and form and shall be representative in chemical

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 14 OF 86 PAGES

properties of the lot of material. All three samples shall have a minimum sample size that satisfies the minimum sample size requirement of the independent third-party laboratory. The Contractor shall ship the Government’s sample for each lot with each lot of material it delivers to the Government. The Contractor shall document and transfer chain of custody of the lot’s analytical and reserve samples to the independent third-party laboratory. The Government will maintain a written chain of custody of all samples provided to the Government.

5.5. INDEPENDENT THIRD-PARTY TESTING

5.5.1. The Contractor shall use an independent third-party analytical chemistry laboratory (“lab”) to perform verification testing of each lot of material the Contractor intends to deliver to the Government. The lab shall have CONUS (Continental United States) -- based operations. The lab shall perform all analytical chemistry activities in this SOW within CONUS. The Contractor shall have an established reputation for experience and excellence in laboratory analytical services of nuclear power generation materials (especially zirconium (Zr)-based cladding materials and ceramics), optical materials, aerospace materials, and transition metal superalloys (especially Ti- and Ni-based superalloys).

5.5.2. The Contractor shall be ISO (International Organization for Standardization) 17025 certified in both elemental analysis and metallurgical analysis, NADCAP (National Aerospace and Defense Contractors Accreditation Program) accredited, ASME-NQA-1 (American Society of Mechanical Engineers – Nuclear Facility Applications Quality Assurance) compliant, ANAB (American National Standards Institute National Accreditation Board) certified, and ITAR (International Traffic in Arms Regulations) compliant.

5.5.3. The Contractor shall have expert ability and experience in analytical chemistry methods and method development. The Contractor shall have expert ability and experience in analytical chemistry methods and method development in wet chemistry (i.e., sample preparation and digestion, titration, reagent preparation, glovebox work, etc.). The Contractor shall have expert ability and experience in instrumental analysis including FTIR vibrational spectroscopy, LECO combustion analysis, inert gas fusion, ICP- OES/AES plasma emissions/absorption spectroscopy, and ICP-MS plasma-initiated mass spectrometry.

5.5.4. The Contractor’s independent third-party analytical lab shall have a turn-around time from the time of their receipt of an analytical sample to sending the analytical report to the Contractor of no more than five (5) business days, for 90% of requested analyses.

5.5.5. For assertions the Contractor makes about the lab in their proposal, the Contractor shall support those assertions in their proposal with documentation or other appropriate support.

The Contractor shall submit a testing plan in their proposal. The testing plan

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 15 OF 86 PAGES

shall include, at a minimum, a summary description of sample preparation, summary description of methodology and instrumentation (as applicable) the lab will employ for each required data value in this SOW’s material specifications, and any significant assumptions the lab might elect to make that are beyond the accepted assumptions made for chemical analysis (instruments and wet chemistry).

The Contractor shall not 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 and approved as part of the Contractor’s proposal) without the explicit written approval of the KO.

6. CERTIFICATES OF ANALYSIS

6.1. The Contractor shall provide a Certificate of Analysis (COA) for each individual ingot that can be directly correlated to the unique serial number imprinted (or otherwise permanently marked) on the individual ingot the COA covers.

6.2. The COA is a legal document, which attests that the material delivered by the Contractor satisfies the requirements stated in the SOW. The Contractor shall sample and test the material to ensure the reliability of each submitted COA.

6.3. The COA shall have a statement certifying that the material meets and or exceeds the requirements stated in the SOW. Each COA shall include the following, at a minimum:

a) The location where the Contractor produced the ingot (facility name, city/town, state).

b) The unique serial number imprinted (or otherwise permanently marked) on the ingot the COA covers.

c) The weight of the individual ingot the COA covers.

d) The dimensional information (e.g., ingot diameter in inches and length in feet) of the ingot the COA covers.

e) List of the tests performed and/or methodology applied.

f) Numerical results and qualitative results.

g) Error ranges/limits for results.

h) Specifications/requirements.

i) Results of chemical analysis of the ingot the COA covers.

j) Name of the company or name of the laboratory and laboratory results reported within the vendor’s COA on pages with the laboratory’s letterhead.

k) Date each analysis is performed.

l) Printed name and signature of analyst.

6.4. Each COA shall be sent to the Contracting Officer’s Representative (COR) for review and acceptance prior to shipment of each ingot to the delivery point.

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 16 OF 86 PAGES

6.5. The Government will review each COA submitted to determine acceptability and conformance with the requirements stated in the SOW. The COR will notify the Contractor of the acceptability/unacceptability of each COA within twenty (20) business days after receipt of each COA.

6.6. The Contractor shall not ship any material prior to the review and acceptance of each submitted COA by the Government.

6.7. The COA and all other documents the Contractor submits to the Government, shall be in English.

7. PACKAGING AND LABELING

7.1. A copy of the Safety Data Sheet (SDS) for each individual ingot shall be provided with each ingot at the time of delivery.

7.2. Each ingot shall be packaged in accordance with (IAW) standard industry practices that at a minimum protect the ingot from damage during shipping and handling.

7.3. Each individual ingot shall be imprinted (or otherwise permanently marked) at the top and bottom with a unique serial number that is traceable to that individual ingot only.

The use of paint/ink to mark/label ingots is not acceptable.

7.4. The unique serial number imprinted (or otherwise permanently marked) on each individual ingot shall correlate to an individual COA.

7.5. The font size of markings imprinted (or otherwise permanently marked) on each ingot shall be sufficient in size to be legible to the unaided eye.

7.6. Ingots may be stored outside. All markings shall be permanent in nature to the extent that they remain completely legible to the unaided eye for a minimum of twenty years.

7.7. All markings shall be in English.

7.8. If the material is considered hazardous as defined by the Occupational Safety & Health

Administration (OSHA) 29 CFR 1910.1200 and the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS), a label will be prepared and affixed to each ingot in accordance with these requirements.

7.9. In accordance with The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), the SDS shall contain the chemical name and concentration or concentration range of all ingredients which are classified as health hazards and are:

present above their cut-off/concentration limits or present a health risk below the cut-off/concentration limits. The SDS shall be in English.

7.10. The Contractor shall submit a written document for each individual ingot of material that includes the following information:

a) Commodity Name

b) Commodity Grade, Type, or Form

c) Country of Origin

d) Producer Name

e) Net Weight in pounds and metric units (Metric units shall be in parentheses)

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 17 OF 86 PAGES

f) Unique ingot number

g) Government Contract Number

h) Manufacturer’s Specification, Name, Number and Date

i) A statement certifying the accuracy of the information included in the submitted document.

j) Printed name and signature of the person certifying the accuracy of the submitted written document and the date this certification was signed.

1. This submitted written document shall be sent to the Contracting Officer’s

Representative (COR) for review and acceptance prior to shipment of each ingot to the delivery point. This document may be sent to the COR at the same time each associated Certificate of Analysis (COA) is submitted to the COR.

2. Note: This document is different than the COA and contains some information not required to be in the COA.

3. This submitted written document shall not include a security classification or anything indicating DLA Strategic Materials ownership other than the contract number, purchase specification number and date.

4. The submitted document shall be in English.

8. TRANSPORTATION

8.1. The Contractor shall be responsible for transport, as well as for Carrier and Insurance Paid To (CIP) of the material to Point of Delivery. The transportation of this material shall comply with all relevant Federal, State, and Local laws, including the Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR 170-189) where appropriate, including SDS documentation inclusion in shipping requirements.

8.2. The Contractor, its agents, and employees shall comply with the Environmental, Safety, and Occupational Health (ESOH) Policy of DLA Strategic Materials (Attachment 1) and the Hawthorne Depot ESOHMS Orientation Guide for Contractors and Visitors (Attachment 2) while in the DLA Strategic Materials storage facility. The Contractor shall deliver materials within twenty-four months of the contract being awarded.

9. DELIVERY AND ACCEPTANCE

9.1. DELIVERY

The Contractor shall deliver materials to the Delivery Point:

Defense Logistics Agency Hawthorne Army Depot 1 South Main Ave.

Hawthorne, NV 89415-9404 Telephone: (775)-945-7001

Shipping Hours: 0800 to 1430 Pacific Standard Time (PST) Monday through Thursday. (exceptions of Federal, State and local holidays and days of closure due to inclement weather and/or other emergencies.)

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 18 OF 86 PAGES

Accessibility: Truck/Rail* scale is available (Truck scale weight capacity is

90,000 lbs. and the rail scale capacity is 500,000 lbs.).* Note:

Accessibility by rail is currently unavailable, but may become available in the future.

Truck Lot Receiving Procedures: Transportation companies are required to use the (CAS) Carrier Appointment System SDDC for deliveries to Hawthorne Army Depot. Transportation companies must schedule an appointment 24 hours in advance by CAS or by calling 775-945-7950 or 775-945-7949. Hawthorne Army Depot must review passports, naturalization papers and citizenship for admittance and reserves the right to reject non-compliant transportation. Any deliveries must be pre-approved prior to arriving in Hawthorne.

9.1.1. The Contractor shall submit documentation of proposed ingot shipping schedule for the period of performance in this solicitation to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) 30-days prior to shipping material to the Government. Any changes to the proposed shipping schedule shall be sent to the KO and COR 30-days in advance of implementation of proposed changes.

9.1.2. The Contractor shall submit a COA for each individual ingot to the COR for review and acceptance prior to shipment of each ingot to the delivery point.

9.1.3. The Government will review each COA submitted to determine acceptability and compliance with the requirements stated in the SOW. The COR will notify the Contractor of the acceptability/unacceptability of each COA within twenty (20) business days after receipt of each COA.

9.1.4. The Contractor shall be free to schedule each delivery with the COR only after the CoA is accepted. The Contractor shall schedule in writing with the COR all deliveries a minimum of twenty (20) business days in advance of their delivery and receive written acceptance of the proposed delivery schedule from the COR prior to any shipping.

9.1.5. The Contractor shall include a certification that demonstrates that all material intended for delivery meets the requirements of the specifications referenced in this document as applicable to the CLIN. This certification shall be provided to the COR at the time of submission of COA(s).

9.2. INSPECTION and ACCCEPTANCE

9.2.1. The material visual inspection and acceptance location will be at the delivery point.

9.2.2. The Government will perform visual inspections of each ingot of material upon receipt at the delivery point to verify conformance with the requirements stated in the SOW that can be verified visually.

9.2.3. The COR will provide written notification of the acceptance/rejection of each delivered ingot of material to the Contractor within ninety (90) calendar days of

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 19 OF 86 PAGES

delivery. The Contractor shall not submit an invoice until the COR has issued a written notification of Acceptance of each ingot of material delivered.

9.2.4. If any delivered ingot of material or other deliverables does not conform to the requirements stated in the SOW the Government reserves the right to reject the non-conforming material.

9.2.5. The Contractor shall be responsible for removal and replacement of rejected ingots of material, including all attendant costs, within ninety (90) calendar days of the final delivery. The Government reserves the right to ask for compensation for lost time.

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 20 OF 86 PAGES

APPENDIX 1: List of Abbreviations/Acronyms

CFR Code of Federal Regulations CIP Carrier and Insurance Paid To CoA Certificate of Analysis COR Contracting Officer Representative DoT Department of Transportation DLA Defense Logistics Agency DFARS Defense Federal Acquisition Regulation Supplement ESOH Environmental, Safety, and Occupational Health FAR Federal Acquisition Regulation FY Fiscal Year GHS Globally Harmonized System of Classification and Labelling of Chemicals IWA In Accordance With Lbs. Pounds MT Metric Tons NDAA National Defense Authorization Act NRC Nuclear Regulatory Commission OSHA Occupational Safety & Health Admiration PST Pacific Standard Time SOW Statement of Work SDS Safety Data Sheet Ti Titanium

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 21 OF 86 PAGES

D. CONTRACT CLAUSES

D.1. The following clauses are hereby incorporated by reference:

52.203-3 GRATUITIES (APR 1984) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN

2020) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS & CERTIFICATIONS

(DEC 2014) FAR

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV

2021) FAR

52.211-16 VARIATION IN QUANTITY (APR 2014) FAR

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

52.216-25 CONTRACT DEFINITIZATION (OCT 2010) FAR

52.216-25 ALT I CONTRACT DEFINITIZATION (APR 1984) FAR

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS. (FEB 2021) FAR

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

52.242-13 BANKRUPTCY (JUL 1995) FAR

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2024) FAR

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1989) FAR

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) FAR

52.253-1 COMPUTER GENERATED FORMS (JUN 1991) FAR

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) DFARS ( OCT 2016)

DFARS

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP

2011) DFARS

252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTELBLOWER RIGHTS (DEC 2022)

DFARS

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 22 OF 86 PAGES

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (JAN 2023) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (MAY 2024) DFARS

252.204-7012 (SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEVIATION 2024-O0013, REVISION 1)

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION

SUPPORT CONTRACTORS (JAN 2023) DFARS

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (JAN 2023) DFARS

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023) DFARS

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) DFARS

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021) DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN

2023) DFARS

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM ( MAY 2019) DFARS

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) ( DEC 2019) DFARS

252.223-7001 HAZARD WARNING LABELS (DEC 1991) DFARS

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023) DFARS

252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM

COMMUNIST CHINESE MILITARY COMPANIES ( DEC 2018) DFARS

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS ( MAR 2013) DFARS

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY

METALS (JAN 2023) DFARS

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS

252.225-7013 DUTY-FREE ENTRY (NOV 2023) DFARS

252.225-7041 CORRESPONDENCE IN ENGLISH LANGAUGE ( JUN 1997) DFARS

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) DFARS

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM,

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 23 OF 86 PAGES

AND TUNGSTEN. (MAY 2024) DFARS

252.225-7056 RESTRICTION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME. (

JAN 2023) DFARS

252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR

AUTONOMOUS REGION (JUN 2023) DFARS

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (JAN 2023) DFARS

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018) DFARS

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2022) DFARS

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (

NOV 2023) DFARS.

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023) DFARS

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (OCT 2024) DFARS

D.2. The following clauses are hereby incorporated in full text:

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov

2023) FAR

(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

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 24 OF 86 PAGES

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 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section3903&num=0&edition=prelim

CONTINUATION SHEET SP8000-25-Q-0002 PAGE 25 OF 86 PAGES

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…