SP8000-25-R-0008_Final.pdf

2022-Feb-04 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , HEREIN IS ACCEPTED AS TO ITEMS:

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

a. NAME 8. OFFER DUE DATE/

9. ISSUED BY CODE SP8000

DCSO COLUMBUS DIVISION #3

3990 EAST BROAD STREET

COLUMBUS OH 43218

USA

Initiator: Dylan Stone Tel: 614-692-9448 Email: Dylan.Stone@dla.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 331410

SIZE STANDARD: 1,000 Employees

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

Net 30 days

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 SP8000

SEE BLOCK 9

Criticality: C PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

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.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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.

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

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

EDWOSB

PAGE 1 OF

SP8000-25-R-0008

Dylan Stone, Email: Dylan.Stone@dla.mil

LOCAL TIME

2025 AUG 15

3:00 PM EST

X

X

X

b. TELEPHONE NUMBER (No collect calls) 614-692-9448

DATE

2025 AUG 01

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

37. CHECK NUMBER

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

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

SECTION A - SOLICITATION / CONTRACT INFORMATION

Description:

The Defense Logistics Agency Strategic Materials (DLA SM), by and through the DLA Contracting Services Office – Columbus Division 3 (DCSO-C3), intends to solicit and award an Indefinite Delivery, Indefinite Quantity (IDIQ) contract for Tantalum Ingots (ASTM B364-18 Type R05200) with a five-year ordering period utilizing Firm Fixed- Price (FPP) delivery orders. This is a solicitation for the acquisition of commercial items using FAR Part 12 (Acquisition of Commercial Products and Commercial Services) and FAR Part 15 (Contracting by Negotiation).

Indefinite Delivery Indefinite Quantity (IDIQ) Solicitation Information:

The Government intends to award a FFP single IDIQ contract from this Request for Proposal (RFP) IAW FAR 16.504 (a) (4).

i. The duration of the acquisition will be five (5) years and is issued under “Other Than Full and Open Competition” procedures.

ii. The total minimum and maximum quantity of services the Government will acquire under this contract:

Minimum: $5,000.00 (guaranteed minimum) Maximum: $100,000,000.00 iii The Statement of Work (SOW) found in Section C of this solicitation represents the scope of supplies required under this intended IDIQ contract.

iv. Issuance of Delivery Orders (DO). All requirements for supplies will be ordered as DO that are FFP at the time of DO issuance.

v. Any DLA Contracting Services Office (DCSO) warranted Contracting Officer, within the limits of their warrants, may award and administer a DO for supplies covered by the IDIQ contract. DOs will most likely be placed by the DLA Contracting Services Office – Columbus (DCSO-C3).

vi. Estimated quantities the Government expects to order during each contract year can be found in section C SOW table 1.

This is an unrestricted RFP solicitation with the recommendation of other than full and open competition. The applicable NAICS code for this action is 331410, with a size standard of 1000 employees. The applicable Product Service Code (PSC) is 9650 and the Material Code is N30001153.

Basic Terms and Conditions:

Under the authority of FAR 16.504, DCSO – C3 intends to award an IDIQ contract for the purchase of Tantalum Ingots. FFP DOs will be issued against the IDIQ in accordance with FAR 16.505.

All orders will be subject to the terms and conditions of the IDIQ.

The awarded IDIQ resulting from this RFP will not constitute an obligation of funds. The Government will only be obligated to satisfy the guaranteed minimum and the individually specified orders issued against the IDIQ.

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

The provision at 52.212-2, Evaluation - Commercial Products and Commercial Services, applies to this acquisition. The evaluation factor is Technical Acceptability and will be evaluated by vendor submitting of a sample Certificate of Analysis (COA).

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 the vendor’s offer.

Clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Products and Commercial Services, and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services, applies to this acquisition.

Ordering Period:

Ordering Period shall be for one (1) five (5) – year IDIQ.

Evaluation:

In this sole source acquisition, technical acceptability will be evaluated. For a rating of acceptable, all aspects of the SOW must be addressed sufficiently, and all required attachments must accompany the proposal. Please see 52.212-2 “Evaluation-Commercial Products and Commercial Services” on page 25 of this solicitation for complete information.

Award Without Discussions:

The Government intends to evaluate proposals and make the award without discussion.

Proposals should contain the vendor's best terms within the proposed technical and business approach, to include all required documentation. Additionally, the Government reserves the right to conduct discussions and request revisions to proposals if it is determined to be in the government’s best interest to do so.

No Award:

The Government reserves the right to not make an award as a result of this RFP if an award is determined contrary to the best interest of the Government.

Proposal Submittal Instructions:

Proposals are required to be received by 15 AUG 2025 at 3:00 PM Eastern Standard Time. Note: The email address for submission of proposals is dylan.stone@dla.mil , with a carbon copy sent to ivan.badillo@dla.mil .

All vendor questions about the RFP shall be submitted via e- mail to Dylan Stone at dylan.stone@dla.mil with a carbon copy sent to Iván J. Badillo at ivan.badillo@dla.mil.

All questions shall be received by 08 AUG 2025 at 3:00 PM Eastern Standard Time, after which the period for responding to questions shall have closed.

The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

mailto:dylan.stone@dla.mil mailto:ivan.badillo@dla.mil mailto:dylan.stone@dla.mil

Exceptions to any term or condition of the RFP may make a vendor’s proposal unacceptable and cause it to be immediately rejected by the Government without further review or opportunity for a vendor to respond.

Submission shall include the following documents: (IAW FAR 52.212-1)

Signed SF 1449 - (1 PDF document)

As a minimum, offers must show:

1. The solicitation number:

2. The time specified in the solicitation for receipt of offers;

3. The name, address, and telephone number of the offeror;

4. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

5. Terms of any express warranty;

6. Price and any discount terms; (Section B)

7. "Remit to" address, if different than mailing address;

8. A completed copy of the representations and certifications at Federal

Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

9. Acknowledgment of Solicitation Amendments;

10. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

11. If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

1. SAM Registration - contractor shall print and include with proposal package their entity’s SAM registration showing, expiration date and exclusion summary. (One

(1) PDF document) NOTE: SAM registration date must match proposal submission date

2. Representations and Certifications – All representation and certification provisions within this solicitation that are not listed in the offeror’s SAM Registration MUST be provided—with all fill-ins completed—as a part of the offeror’s proposal. (One (1) PDF document)

3. Pricing – Contractor must complete all cells under Section B.

WIDE AREA WORKFLOW (WAWF)

All payments will be processed and submitted through Wide Area Workflow.

Information for Wide Area Workflow (WAWF) Invoicing: Combo Document Invoice. To ensure timely payment, the vendor should enter the required info WAWF on the day the material ships from their facility. Contractors/vendors not using WAWF will need to register for WAWF in order to gain access to the new MyInvoice functionality.

Wide Area Workflow (WAWF) is a secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

WAWF is in accordance with the 2001 National Defense Authorization Act (DFARS 252.232-7003 Electronic Submission of Payment Requests & Receiving Reports – DEC 2018 and /252.232-7006 Wide Area Workflow Payment Instructions – JAN 2023), which requires claims for payment under a Department of Defense Contract to be submitted in electronic form.

As of March 03, 2008, DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require the use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for payment (invoices and receiving reports) under DoD contracts.

Government credit card will not be utilized for the orders against this agreement. All payments will be processed and submitted through WAWF “only.”

When creating an invoice in WAWF, the contractor must input DoDAAC# (SB0812) under the service acceptor field. Otherwise, the payment would not be processed on time.

Below is the web link for Wide Area Workflow Reference Guidance for Vendors. (Note:

this guidance would help the vendor through the entire process of registration, submitting, void, and track invoices in WAWF). https://wawf.eb.mil

DLA WAWF Assistance (General Questions) 703-767-1915 wawf@dla.mil

When entering an invoice in WAWF, please use a unit of issue (UOI) of LB. IN addition, for billing purposes, the CLIN(s) will be “flipped.”

Points of Contact for this Acquisition:

Contract Specialist:

Dylan Stone DLA Contracting Services Office Phone: (614) 692-9448 Email: dylan.stone@dla.mil

Contracting Officer:

Iván J. Badillo DLA Contracting Services Office Phone: (614) 692-4028 Email: ivan.badillo@dla.mil

General Information for Offerors:

FOB Destination is required. Inspection and Acceptance is at destination.

https://wawf.eb.mil/ mailto:dylan.stone@dla.mil mailto:ivan.badillo@dla.mil

B. SUPPLIES OR SERVICES AND PRICES/COSTS

The Defense Logistics Agency (DLA) Strategic Materials (DLA-SM) intends to procure up to 535,440.23 pounds (LB) of tantalum ingot over a five-year period for addition to the National Defense Stockpile (NDS). The ordering period of this IDIQ contract is five (5) years, as one 60-month base ordering period.

Table #1: Tantalum Ingots Estimated Quantities

Contract Year Quantity (in LB) Year 1 41,753.65 Year 2 114,077.11 Year 3 138,532.93 Year 4 126,167.04 Year 5 114,909.50

Total 535,440.23

CLIN 0001 – TANTALUM INGOTS

SUPPLY/SERVICE: 9650-N30001153

ITEM DESCRIPTION: Tantalum Ingots, as described in the Statement of Work (SOW) and below tables. In accordance with the SOW, the Contractor shall source, package, and deliver the awarded quantity of Tantalum Ingots to the DLA Strategic Materials Scotia Depot, New York. Pricing under this CLIN shall be reflective of all work to be performed under the SOW except for any work performed under CLIN 0002.

PRICING TERMS: Firm-Fixed Price

INSPECTION POINT: Destination

ACCEPTANCE POINT: Destination

FOB: Destination

DELIVERY DATE: Tantalum Ingots to be delivered within 36 months after delivery order issuance.

PREP FOR DELIVERY: Packaging and labeling of Tantalum Ingots shall be in accordance with Section 10 and Section 11 of the SOW.

SB0812

DLA STRATEGIC MATERIALS SCOTIA

CONSOLIDATED STATION PROPERTY

RT 5, BLDG 12

SCOTIA NY 12302-9463

USA

Table #2: CLIN 0001 – Tantalum Ingots Quantity Range Pricing

Contract Year Material Code Quantity Range (in LB)

Unit Price * (Price per LB)

Year 1 (09/2025 – 9/2026) 9650-N30001153

14,000 – 56,000 $ ____________ 56,001 – 98,000 $ ____________ 98,001 – 140,000 $ ____________

Year 2 (09/2026 – 9/2027) 9650-N30001153

14,000 – 56,000 $ ____________ 56,001 – 98,000 $ ____________

98,001 – 140,000 $ ____________

Year 3 (09/2027 – 9/2028) 9650-N30001153

14,000 – 56,000 $ ____________ 56,001 – 98,000 $ ____________ 98,001 – 140,000 $ ____________

Year 4 (09/2028 – 9/2029) 9650-N30001153

14,000 – 56,000 $ ____________ 56,001 – 98,000 $ ____________ 98,001 – 140,000 $ ____________

Year 5 (09/2029 – 9/2030) 9650-N30001153

14,000 – 56,000 $ ____________ 56,001 – 98,000 $ ____________

98,001 – 140,000 $ ____________

* In the “Unit Price” column of the above Table #2, the Offeror must propose pricing, on a per pound basis, for each contract year and for each of the three quantity ranges listed in the “Quantity Range (in LB)” column of the table. Unit Pricing above will remain valid for all delivery orders issued against this IDIQ contract.

CLIN 0002 – THIRD-PARTY TESTING

SUPPLY/SERVICE: H999-V00007070

ITEM DESRIPTION: Third-Party Testing of Tantlum Ingots. The Contractor shall perform testing in accordance with Section 7 of the SOW.

PRICING TERMS: Firm Fixed Price

PERIOD OF PERFORMANCE: 36 months after delivery order issuance

SB0812

DLA STRATEGIC MATERIALS SCOTIA

CONSOLIDATED STATION PROPERTY

RT 5, BLDG 12

SCOTIA NY 12302-9463

USA

Table #3: CLIN 0002 – Third-Party Testing Quantity Range Pricing

Contract Year Material Code Quantity Range (in LB)

Number of Lots *

Unit Price ** (Price per Lot)

Year 1 (09/2025 – 9/2026) H999-V00007070

14,000 – 56,000 ____________ $ ____________ 56,001 – 98,000 ____________ $ ____________ 98,001 – 140,000 ____________ $ ____________

Year 2 (09/2026 – 9/2027) H999-V00007070

14,000 – 56,000 ____________ $ ____________ 56,001 – 98,000 ____________ $ ____________ 98,001 – 140,000 ____________ $ ____________

Year 3 (09/2027 – 9/2028) H999-V00007070

14,000 – 56,000 ____________ $ ____________ 56,001 – 98,000 ____________ $ ____________ 98,001 – 140,000 ____________ $ ____________

Year 4 (09/2028 – 9/2029) H999-V00007070

14,000 – 56,000 ____________ $ ____________ 56,001 – 98,000 ____________ $ ____________ 98,001 – 140,000 ____________ $ ____________

Year 5 (09/2029 – 9/2030) H999-V00007070

14,000 – 56,000 ____________ $ ____________ 56,001 – 98,000 ____________ $ ____________ 98,001 – 140,000 ____________ $ ____________

* In the above Table #3, the Offeror must propose the number of lots to be tested in the “Number of Lots” column for each contract year and for each of the three quantity ranges listed in the “Quantity Range (in LB)” column of the table.

** The Offeror must propose pricing in the “Unit Price” column, on a per lot basis, for each contract year and for each of the three quantity ranges listed in the “Quantity Range (in LB)” column of the table. Unit Pricing above will remain valid for all delivery orders issued against this IDIQ contract.

NOTES TO THE OFFEROR

1. The quantities in Table #1 are estimates and may not reflect the exact quantities ordered against the IDIQ contract. These quantities will likely change throughout the life of the IDIQ 5-year ordering period. The government is only required to meet the guaranteed minimum established under this IDIQ contract.

2. Estimated IDIQ Contract Value: The overall estimated values of CLIN 0001 and 0002 will be added together to determin the overall estimated IDIQ contract value.

3. Delivery Order Pricing: The government intends to issue firm-fixed price delivery orders througout the 5-year ordering period of this IDIQ contract using the proposed unit prices in Table #2 and Table #3 of this section.

Statement of Work

Tantalum Ingot

1. BACKGROUND

The Department of Defense (DoD) has bought, and will continue to buy, parts that contain Tantalum (Ta). This material is also used widely in Research and Development (R&D) applications in government funded research centers, such as the Army Research Laboratories (ARL). This acquisition is for tantalum ingot, which can be readily transformed into the forms needed by DoD and is a shelf stable form of tantalum that can be utilized in defense systems.

Tantalum is mostly consumed in the form of alloys, compounds, fabricated forms, ingot, and metal powder (for capacitors). Major end uses for tantalum capacitors include automotive electronics, personal computers, and cellular telephones.

Defense Logistics Agency (DLA) Strategic Materials received Congressional authority to procure tantalum ingot. Based on material research, the Government determined to procure tantalum ingot for addition to the National Defense Stockpile (NDS). It is anticipated that the stockpile inventory will be funded during a five-year period from Fiscal Year (FY) 2026 to FY 2030.

2. SCOPE

DLA Strategic Materials received authority to procure tantalum in the FY2025 National Defense Authorization Act (NDAA). In order to reduce the risk of import reliance in the tantalum ingot supply chain, DLA Strategic Materials intends to purchase up to 535,440.23 pounds (lbs.) of tantalum ingot over a five-year period.

Table 1: Estimated Yearly Quantities and Schedule for Tantalum Ingots

Execution Year Quantity (lbs.)

Year 1 41,753.65

Year 2 114,077.11

Year 3 138,532.93

Year 4 126,167.04

Year 5 114,909.50

TOTAL 535,440.23*

*The above Table 1 contains only yearly estimates, which may change throughout the life of the IDIQ contract.

the Government is only bound to the guaranteed minimum established under this IDIQ contract

3. DELIVERY SCHEDULE

The Contractor shall have three (3) years from the Issuance of each Delivery Order (unless otherwise specified) to deliver the amounts outlined in Table 1.

4. REFERENCE

The following are incorporated by reference:

a) Harmonized Tariff Schedule, the Tariff Act of 1930, and the Trade Act of 1974

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

c) US CBP Form 6059, General Declaration

d) US CBP Form 5106 (Request for Importer Number, or Notification of Importer

Number)

5. TECHNICAL REQUIREMENTS

5.1. MATERIAL DESCRIPTION

5.1.1. The material shall be tantalum ingot and shall be in compliance with the chemical requirements of ASTM B364-18 Type R05200.

5.1.2. The ingot shall be uniform in quality and dimension. The difference between the maximum and minimum radius of the conditioned ingot shall not exceed 20 % of the maximum radius.

5.1.3. The ingots shall be free of imperfections that would be deemed injurious by the standards of acceptability agreed upon between the purchaser and the manufacturer.

5.1.4. Testing, with proper significant limits, shall be performed in accordance with

ASTM B364-18.

5.1.5. The Contractor shall ensure the material from each production lot is segregated from the material from any other production lot. Co-mingling of multiple production lots into one larger lot will not be accepted. The Contractor shall assign a unique lot number to each production lot.

6. SAMPLING

6.1. The government reserves the right to 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.

6.2. The Contractor shall 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. The Contractor’s ingot production facilities must be within the Continental United States (CONUS) for all ingots the Contractor intends to supply the Government.

6.3. The Contractor shall 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, a minimum of 20 (twenty) business days prior to that date.

6.4. The Contractor shall provide the Government with a written summary (via email and in PDF format) of its sampling plan and activities. The summary shall clearly describe the sampling process and cite any relevant sampling standards, as applicable.

6.4.1. All samplings will be in accordance with the approved Sampling Plan. If the contractor wishes to make changes to the approved Sampling Plan, the contractor shall submit a complete and revised proposed Sampling Plan to the QAS and the contractor will follow the below procedures:

6.5.1.1. More than 30 calendar days prior to the change: Submit the revised Sampling Plan to the government. Re-approval is not required; however, the government reserves the right to reject the revised Sampling Plan and requires a resubmission with any issues identified being addressed by the contractor.

6.5.1.2. 30 calendar days or less prior to the change The contractor shall not make any changes to their Sampling Plan without written approval (e-mail is sufficient) from the Quality Assurance Specialist (QAS). The QAS will advise the contractor whether the revised proposed Sampling Plan is acceptable within seven (7) calendar days of receipt of the revised Sampling Plan.

6.5. The Contractor shall collect samples for each lot of material it intends to provide to the Government. The Contractor’s ingot sampling process and procedures shall be consistent with the sampling process and procedures the Contractor typically uses for this material for other customers.

6.6. The Contractor shall 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 laboratory reserve. All three samples shall be of the same size and form and shall be representative in chemical properties of the lot of material. All three samples shall have a minimum sample size that satisfies the requirements of the independent third-party laboratory.

6.7. The Contractor shall ship the Government’s sample for each lot with each lot of material it delivers to the Government.

6.8. The Contractor shall document and transfer chain of custody of the lot’s analytical and reserve samples to the independent third-party laboratory.

7. TESTING

7.1. The contractor shall employ an independent third-party analytical chemistry laboratory

(lab) to characterize, chemically, each lot of tantalum ingot the contractor intends to deliver to the Government. The lab shall analyze each lot in accordance with Table 2.

Table 2. Chemical specifications.

Element Requirement (percent by mass)

C ≤0.010

O ≤0.015

N ≤0.010

H ≤0.0015

Nb ≤0.10

Fe ≤0.010

Ti ≤0.010

W ≤0.050

Mo ≤0.020

Si ≤0.005

Ni ≤0.010

Ta ≥99.7585

7.2. The contractor shall report this information to the government in a Certificate of

Analysis (COA). The contractor shall deliver a COA for each representative sample from each lot of Ta for which chemical analyses was performed.

7.3. The third-party lab used to perform verification testing shall:

a) have CONUS (Continental United States) -- based operations.

b) perform all analytical chemistry activities in this SOW within CONUS.

c) have an established reputation for experience and excellence in laboratory analytical services.

d) be certified in 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 (“LOI”), moisture at 105oC.

e) have expert ability and experience in analytical chemistry techniques and methods, and method development in wet chemistry (i.e., sample preparation and digestion, titration, reagent preparation, glovebox work, etc.), and instrumentational analysis.

f) have expert ability and experience in clean pulverization capabilities; laboratory sample preparation and digestion; titration; and reagent preparation.

g) have expert ability and experience in instrumental analysis, including Inductively Coupled Plasma Optical Emission Spectroscopy/Atomic Emission Spectroscopy (ICP-OES/AES), ICP-Mass Spectrometry (ICP-MS), and inert gas fusion and combustion analysis, especially using LECO™ or similar instruments.

7.4. The Contractor shall submit a testing plan with their proposal. The testing plan shall include, at a minimum:

a) name and address of third-party laboratory that the contractor intends to use

b) a summary description of sample preparation

c) a summary description of methodology and instrumentation (as applicable) the lab will employ for each required data value in this SOW’s 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)

7.5. All testing will be in accordance with the approved Testing Plan. If the contractor wishes to make changes to the approved Testing Plan, the contractor shall submit a complete and revised proposed Testing Plan to the QAS and the contractor will follow the procedures below:

7.5.1. More than 30 calendar days prior to the change: Submit the revised Testing Plan to the government. Re-approval is not required; however, the government reserves the right to reject the revised Testing Plan and require a resubmission with any issues identified being addressed by the contractor.

7.5.2. 30 calendar days or less prior to the change The contractor shall not make any changes to their Testing Plan without written approval (e-mail is sufficient) from the Quality Assurance Specialist (QAS). The QAS will advise the contractor whether the revised proposed Testing Plan is acceptable within seven (7) calendar days of receipt of the revised Testing Plan.

8. CERTIFICATES OF ANALYSIS (COA)

8.1. The Contractor shall provide a COA with each production lot. A production lot is defined as the material produced by the same bench for a bench- wise production process, or the same operating shift for a continuous process.

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

8.3. The COAs shall be provided by email in the Adobe Acrobat PDF (portable document format) format to the QAS for review and acceptance prior to shipping any lot(s) to the point of delivery. The email address for submitting the COAs will be designated in the Contract.

8.4. The COA shall have a statement certifying that the material meets and or exceeds required material specifications.

8.5. On each page of the contractor’s COA where data is generated by an independent third-party laboratory, the contractor shall incorporate the lab’s data into the contractor’s COA with the lab’s letterhead on each page containing data generated by the lab.

8.6. The Government will review every COA for each lot and advise the contractor if they are permitted to deliver the material. The QAS will notify the Contractor of the acceptability/unacceptability of each COA within fourteen (14) calendar days after receipt of each COA.

8.7. Each COA shall 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 shall 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, and

i) Printed name and signature of analyst.

8.8. The COA and all other documents submitted to the Government shall be in English.

9. ENVIRONMENTAL, SAFETY, AND OCCUPATIONAL HEALTH

REQUIREMENTS

9.1. Transporting, Handling, and Management

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

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

9.1.3. The Contractor shall 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)

9.1.4. The Contractor shall communicate the hazards of the material by providing the Safety Data Sheet (SDS) in accordance with The United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). (29 CFR 1910)

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

9.1.6. The Contractor shall ensure compliance with Strategic Materials’ Environmental, Safety, and Occupational Health (ESOH) Depot Orientation Guide and ESOH Policy Statement available on Strategic Materials website:

https://www.dla.mil/Strategic-Materials/ .

10. PACKAGING

Packaging of the tantalum ingot shall be done in accordance with the requirements laid forth in

ASTM 20B364-18.

10.1. PALLETIZING REQUIREMENTS

10.1.1. All ingots will be manufactured at length of seventy-six inches (76”), divided evenly in half widthwise to two pieces, thirty-eight inches (38”) in length, to facilitate palletization, and securely mounted to one pallet.

10.1.2. All ingots shall be placed onto new undamaged pallets meeting the specifications listed below and be banded to prevent ingot movement during handling, transportation or other operations where ingots and/or personnel could be damaged and/or injured if the ingots shift. The use of used, recycled, repaired, remanufactured and/or refurbished pallets will not be accepted.

10.1.3. Pallet Design

a) All pallets shall be 48 inches deep (front to back) and 48 inches wide (side to side) in size.

b) All pallets shall contain four (4) full length, solid stringers. One stringer shall be located at each edge (side) and two stringers shall located in the interior of all pallets. Interior stringers shall be spaced 18 1/2 inches (on center) from the outside of each edge (side). Stringers shall be 1 5/8 inches in width and 3 ½ https://www.dla.mil/Strategic-Materials/ inches in height. Segmented, composite and/or block stringers will not be acceptable.

c) All pallets shall have flush sides (e.g. no wings).

d) All pallets shall contain “top decking” and “bottom decking” boards. All decking boards shall be six (6) inches in width with no more than one (1) inch between boards. All decking boards shall be ¾ inches in thickness and be solid.

e) All pallets shall be of a “two-way entry” configuration.

f) Pallets may be reversible in design.

g) All pallets shall have a minimum rated load capacity of 750 pounds per square foot.

10.1.4. Pallet Construction

a) All pallets shall satisfy the requirements listed in ASTM D6199-18a.

b) All pallets shall 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 shall be acceptable for pallet construction. The only acceptable 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 interchangeability.

c) All pallets shall satisfy the requirements listed in ISPM-15 (International Standards for Phytosanitary Measures Number 15) (e.g. heat treated etc.).

d) Only driven nails that are “helically” threaded, “Annularly” threaded or “fluted” will be acceptable for use in pallet construction. The fastener length shall be sufficient to provide a minimum penetration of 1 ¼ inches into the stringer.

10.1.5. A copy of the Safety Data Sheet (SDS) for the contained material shall be accessible and external to the packed material with each delivery. All packages shall meet all requirements presented in Section 6 to ensure compliance with Federal, state, and local regulations for the transporting, handling, and management of material.

10.2. The Contractor shall use the industry standard for packaging to store the materials. The

Contractor shall notify the Contracting Officer within ten (10) business days if the packaging standards have changed.

11. LABELING

11.1. 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.

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

11.3. 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.

11.4. 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.

11.5. All markings shall be in English.

11.6. The information in items (a) through (l) below shall be included with the ingot. The marking shall not include a security classification or anything indicating DLA Strategic Materials ownership other than the contract 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) Container/ingot Serial Number. (The serial number is the individual container number in relation to the total number of containers in the lot; e.g. container 25 of 100 containers in the lot.)

k) Government Contract Number

11.7. All ingots shall include a completed and US Securities and Exchange Commission form SD and demonstrate compliance with the Dodd-Frank Act.

12. TRANSPORTATION

The Contractor shall be responsible for transport, as well as for Carrier and Insurance Paid to (CIP) of the material to the point of delivery: the Government Storage Depot in Scotia, New York. Refer to Section 9 for all legal labeling requirements.

13. DELIVERY

13.1. The Contractor shall deliver materials to the Government Storage Depot (delivery point) at the following address:

Defense Logistics Agency Strategic Materials Scotia Depot Route 5, Building #12 Scotia, NY 12302-9463 United States of America Telephone: (518) 370-3347

Unloading Hours: 7:30 AM – 2:30 PM (EST), Monday – Friday Accessibility: Truck

13.2. The Contractor shall be free to schedule each delivery with the QAS only after the

COA is accepted.

13.3. The Contractor shall schedule in writing with the QAS all deliveries a minimum of twenty-one (21) calendar days in advance of their delivery prior to shipping. The will provide written acceptance of the proposed delivery schedule within fourteen (14) calendar days.

13.4. The Contractor shall have three (3) years from the Issuance of each Delivery Order (unless otherwise specified) to deliver the amounts outlined in Table 1.

14. INSPECTION AND ACCEPTANCE

14.1. The material inspection and acceptance location will be at the Government Storage Depot (delivery point) in Scotia, New York.

14.2. The government will perform a visual inspection of all material upon receipt at the delivery point to verify conformance with the requirements of this SOW that can be verified visually.

14.3. The Government will provide written notification of the acceptance/rejection of delivered material to the Contractor within twenty (20) calendar days of delivery. The Contractor shall not submit an invoice until the government POC has issued a notification of Acceptance for the delivery.

14.4. If any delivered material does not conform to the requirements stated in the SOW or is not the same as that indicated on the COA, the Government will reject the nonconforming material. The Contractor shall be responsible for removal and replacement of rejected 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.

ACRONYMS:

CFR Code of Federal Regulations CIP Carrier and Insurance Paid to COA Certificate of Analysis DLA Defense Logistics Agency DOD Department of Defense DOT Department of Transportation EPA Environmental Protection Agency

ESOH Environmental, Safety, and Occupational Health FY Fiscal Year GHS United Nations Globally Harmonized System of Classification and Labeling of

Chemicals ISPM International Standards for Phytosanitary Measures Lbs Pounds NDAA National Defense Authorization Act NSS National Security Space OSHA Occupational Safety and Health Administration POC Point of Contact QAS Quality Assurance Specialist SDS Safety Data Sheet SOW Statement of Work

15. SERVICE CONTRACTORS REPORT (SCR) FAR 52.204-14

SCR Requirement are not applicable to this requirement.

16. COMMON ACCESS CARD (CAC) PROCEDURES

CAC Procedures are not applicable to this requirement.

CONTRACT CLAUSES

The following clauses are hereby incorporated by reference:

52.203-3 GRATUITIES (APR 1984) FAR

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007) FAR

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

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR

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

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014) FAR

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

2021) FAR

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020) FAR

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-

REPRESENTATION (DEC 2016) FAR

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) FAR

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN

2020) FAR

52.232-17 INTEREST (MAY 2014) FAR

52.232-39 UNENFORCABILITY OF UNATHORIZED OBLIGATIONS (JUN 2013) FAR

52.242-13 BANKRUPTCY (JUN 1995) FAR

52.242-15 STOP WORK ORDER (AUG 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

52.246-2 INSPECTION OF SUPPLIES-FIXED-PRICE (AUG 1996) (FAR)

52.247-34 F.O.B. DESTINATION (JAN 1991) FAR

52.252-3 COMPUTER GENERATED FORMS (JAN 1991) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(MAR 2023) FAR

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

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) DFARS

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(DEC 2022) DFARS

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

252.204-7008 COMPLIANCE WITH SAFEGAURDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (JAN 2023) DFARS

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

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (DEC 2019) DFARS

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021) DFARS

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (MAR 2023) DFARS

252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023)

DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN 2023)

DFARS

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

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

252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (DEC 2022) 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

252.243-7001 PRICING OF CONTRACT MODIFICATION (DEC 1991) DFARS

252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2002) DFARS

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 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

DLAD Procurement Note C02, MANUFACTURING PHASE OUT OR DISCONTINUATION OF

PRODUCTION, DIMINISHING SOURCES AND OBSOLETE MATERIALS OR COMPONENTS (DEC

2016)

DLAD Procurement Note C03, CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY

DOCUMENTATION (JUN 2023)

DLAD Procurement Note C14, REPACKAGING OR RELABELING TO CORRECT DEFICIENCIES (MAY 2020)

DLAD Procurement Note E05, PRODUCT VERIFICATION TESTING (MAY 2020)

DLAD Procurement Note G01, ADDITIONAL WIDE AREA WORKFLOW (WAWF) INFORMATION (AUG 2017)

DLAD Procurement Note L01, ELECTRONIC ORDER TRANSMISSION (JUN 2020)

DLAD Procurement Note L08, USE OF SUPPLIER PERFORMANCE RISK SYSTEM (SPRS) IN PAST

PERFORMANCE EVALUATIONS (JUN 2020)

The following clauses are hereby incorporated in full text:

FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

The Government will use the following factors to evaluate each proposal:

Factor 1: Overall Technical Acceptability

• In this sole source acquisition, the following factors will be evaluated:

(i) Factor 1 Technical Approach– The Government will evaluate the Offer's technical description of the items being offered to demonstrating compliance with the requirements of the SOW. The Government will evaluate whether all aspects of the SOW were addressed sufficiently to demonstrate that the Offeror can meet the technical requirements of the solicitation.

(b) The intended contract will not contain Options.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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 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…