Attachments_A-G.pdf

ATTACHMENT A

Instructions to Offerors

If you intend to submit a proposal/offer, please ensure that you provide all required submittals and complete all applicable fill-in clauses per the Combined Synopsis/Solicitation, including signatures where applicable. Submit your proposal/offer to SMContracting@dla.mil with solicitation number SP8000-15-R-0012 in the Subject line no later than 4:00 pm EDT September 21, 2015. Offerors are strongly encouraged to confirm receipt of their proposals after submission. Proposals submitted via facismile or US mail will not be accepted.

Proposals shall not exceed twenty five (25) pages in length when single-sided. All offers shall be double-spaced; no smaller than size 12, Times New Roman font.

Each offeror’s proposal must be submitted in three (3) parts: technical, (reference Section C of the Combined Synopsis Solicitation), past performance (reference Section D of the Combined Synopsis Solicitation), and price (CLIN Structure, Price Breakdown Spreadsheet, Inventory and Management Fee). Each of the parts shall be separate and complete so that evaluation of each may be accomplished independently. Each part shall be formatted to match as described in the section B “Evaluation Factors for Award” on the Combined Synopsis Solication document.

Questions/Clarifications by offerors for SP8000-15-R-0012 may be submitted no later than 4:00 pm EDT on Friday, September 4, 2015. Requests for clarification shall be made in writing and emailed to dane.smith@dla.mil or najiyyah.mahdi@dla.mil.

The Lowest Priced Technically Acceptable (LPTA) process is selected as appropriate for this requirement because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. In the event multiple offerors offer on the entire requirement, the Contracting Officer may allow competition by splitting awards to allow for multiple sources (e.g., the lower offeror may be awarded a larger percent of the total requirement, whereas the second low offeror may be awarded a smaller percent of the total requirement). Any award determination shall be at the sole discretion of the Contracting Officer.

All offerors are permitted to offer on the entire requirement. However, in the event multiple offerors offer on the entire requirement, the Contracting Officer may make provision for a degree of competition.

The Government reserves the right to make more than one award instead of a single award for the requirement. The lowest priced split award of two technically acceptable offers totaling 100% of the requirement will be compared to the lowest price technically acceptable proposal for 100% of the requirement. If the Government determines that it is in its best interest to make a split award, the lowest price offer will be awarded a greater percentage of the solicited requirement. A technically acceptable offer with a higher price will be awarded a smaller percentage.

mailto:SMContracting@dla.mil mailto:dane.smith@dla.mil mailto:najiyyah.mahdi@dla.mil

ATTACHMENT A

The clause at 15.215-9023 Reverse Auctions (RA) has been inserted in the solicitation and a reverse auction will be considered. If, after offers come in and evaluations have been made, DLA Strategic Materials determines that RA is not applicable, DLA Strategic Materials will prepare a Memorandum for the Record.

A Wage Determination is not incorporated at this time because the place of performance is unknown.

Performance Work Statement Strategic Buffer Performance Work Statement

Purpose:

The Government seeks the capability for defense contractors to access Titanium alloy on an expedited basis to support wartime mobilizations, military combat operations/readiness and contingency support.

The accelerated release of material shall be achieved through strategic buffer(s) directly and exclusively developed, implemented and managed by mills/producers qualified by Original Equipment Manufacturers (OEM’s) of DoD/DLA repair parts and their sub-tier suppliers. The Government intends where feasible to make multiple awards.

Background:

Strategic materials are a known constraint in meeting Surge and Sustainment Planning Requirements (SSPR) for DoD. In 2012, the Warstopper Program Management Office (WPMO) awarded a contract to establish and test the effectiveness of a titanium buffer consisting of several forms/chemistry to reduce the manufacturing wait time. There were lessons learned in executing and managing the buffer that are incorporated into this Performance Work Statement.

Material Buffer Requirements:

The Government is soliciting commercial solution(s) that will guarantee the capability to deliver mill products to the DLA/DoD manufacturing base for weapon system sustainment parts. Delivery Cycle time must be a minimum of 25% below Standard Quoted Lead times. The monthly material wartime requirement (Grade and Pounds of mill product):

Titanium Pounds/Month

Grade 5 (Ti 6Al-4V) 50,000

Grade 6 (Ti 5Al-2.5Sn) 12,000

1. Titanium Grade 5

a. Titanium Grade 5 is commonly known as Ti-6-4, Ti-6AL-4V, or ASTM Grade 5. The table below lists the applicable specifications:

Specifications Specifications ASTM Grade 5 ASME SB 861 Ti-6AL-4V ASME SB-265 Grade 5 Ti-6-4 ASTM B 265

AMS 4911 ASTM B 348

AMS 4920 ASTM B 381

AMS 4928 ASTM B 861

AMS 4934 ASTM F 1472

AMS 4935 EN 3.7164

AMS 4965 EN 3.7165

AMS 4967 MIL-T-9046

AMS 6930 MIL-T-9047

AMS 6931 UNS R56400

AMS T-9046 Werkstoff 3.7164 AMS T-9047 Werkstoff 3.7165

ASME SB 348

2. Titanium Grade 6

a. Titanium Grade 6 is commonly known as Ti-5-2.5, Ti-5AL-2.5SN, or ASTM Grade 6. The table below lists the applicable specifications:

Specifications Specifications ASTM Grade 6 ASTM B 265 Ti 5-2.5 ASTM B 348 Ti 5Al-2.5Sn ASTM B 381

AMS 4910 MIL-F-83142

AMS 4926 MIL-T-81556

AMS 4953 MIL-T-81915

AMS 4966 MIL-T-9046

AMS 4967 MIL-T-9047

ASME SB 265 UNS R54520

ASME SB 348

Actual mill product form will be determined at the time of external or internal material order. The Contractor(s) must be qualified by OEM’s under government contract to supply repair/sustainment parts.

The Contractor(s) shall deliver, at a minimum, the stated monthly material wartime requirement (i.e., quantity) from the buffer and use its commercial sales to offer material with the smallest minimum buy quantity (through Material Service Center type of services).

Changes that negatively impact supplier capability to deliver the products at the monthly quantity shall be reported in writing to the Contracting Officer within ten (10) working days after the supplier becomes aware of such an impact.

All material sales will be Business-to-Business transfers that include all of the material title, warranties and certifications including the validation of the Chain of Custody. Note: The solution will not be Government Furnished Material (GFM). All sales will be at the contracted pricing (for those with existing contracts with the seller) or at the best available pricing (for those without an existing contract).

No premiums shall apply for using the buffer.

The Contractor(s) shall have a material release execution plan that successfully self-executes the buffer for vendors with DoD contracts using the following guidelines:

1. Release from the buffer requires the:

a. Buyer’s/requestor’s name,

b. DoD contract number, and

c. the Defense Priorities and Allocations System (DPAS) rating

2. Utilize the buffer on a regular basis to meet DoD contract requirements.

3. The Contracting Officer Representative (COR) may establish by exception:

a. A monthly reserved quantity that would require COR approval for release per instruction provided by the COR; and/or

b. A limit on the total quantities released in a month to a single release or a span of multiple months; and/or

c. The prioritization of any DoD contract requirement.

The Contractor is encouraged to use monthly phased material releases to maximize support to other manufacturers or to meet full material requirement when appropriate.

The Contractor will use standard commercial best practices for packing, packaging, and transportation of the buffer stock to the customer.

Monthly Inventory and Transaction Report:

The Contractor(s) shall provide the COR a monthly status report NLT 10th day of the month that provides:

1. The beginning and ending quantity by material for the month;

2. The material releases made during the reporting period to include:

a. Buyer/requestor Name,

b. DoD Contract Number,

c. DPAS rating,

d. specification,

e. quantity,

f. form,

g. date of order,

h. date required and

i. date shipped.

3. Any unfilled releases requests with—

a. Buyer/requestor Name,

b. DoD Contract Number,

c. DPAS rating,

d. specification,

e. quantity,

f. form, and

g. reason why request could not be filled (e.g., exceeds monthly quantity). Note: this information will be used to assess the need to expand the buffer quantities or for adding additional specifications.

4. The COR will monitor inventory management. Inspections will include, but not limited to, visual verification and review/ observation of the materials’ storage conditions and quantities.

Quality Control:

The contractor shall provide and maintain a comprehensive Quality Control Process Surveillance and Testing Plan (QC Plan) to include a Stock Rotation Plan that shall be reviewed and accepted by the Government before award.

Quality Surveillance:

The Government shall provide the Contractor with a Quality Assurance Surveillance Plan (QASP) to include a schedule of planned on-site inspection visits in response to the Contractor supplied Quality Control Process Surveillance and Testing Plan at time of award. The Contracting Officers Representative (COR) shall act as the Government’s Quality Assurance Specialist (QA) and will be named at the time of award. The COR will inspect all aspects of the contractor’s performance under their Quality Control Process Surveillance and Testing Plan. The COR will observe and may ask the Contractor to repeat materials tests to verify product performance.

Payment:

The Contractor shall receive two prices for contract performance, an Inventory Holding Price and an Inventory Management Price.

Inventory Holding Price: Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non- Government or in internal cost used to support storage arrangements.

Inventory Management Price: Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the requirements to use the buffer.

Both prices shall be paid on a Monthly basis beginning at the end of the first month period of contract performance/delivery of material.

Payment will be made monthly via Wide Area Workflow (WAWF). Invoices must be submitted by the 15th of each month and include a copy of the monthly report.

Contract Type:

In accordance with FAR 52.216-1, the Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

Period of Performance:

The Period of Performance shall be for one (1) base period one year after date of award, and four (4), one

(1) year option periods

Place of Performance:

Performance is expected to take place at the Contractor’s facility.

QUALITY ASSURANCE SURVEILLANCE PLAN

For: DLA War Stopper Program

Contract Number: SP8000-15-C-XXXX

Contract Description: The Government seeks the capability for industry to access Titanium alloy – Ti 6Al-4V and Ti 5Al-2.5Sn on an expedited basis to support wartime mobilization, military combat operations/readiness and contingency support.

Contractor’s name: xxxx Company (Cage Code: xxxxx) (hereafter referred to as the contractor).

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

• What will be monitored.

• How monitoring will take place.

• Who will conduct the monitoring.

• How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned CO:

Organization or Agency: DLA Strategic Materials

b. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

Assigned COR:

c. Other Key Government Personnel –

3. CONTRACTOR REPRESENTATIVES

The following employees of the contractor serve as the contractor’s program manager for this contract.

a. Program Manager – (Enter Name of Contractor’s POC)

b. Other Contractor Personnel – (Enter additional names of Contractor’s POC’s)

4. PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Table includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Table 1, Miniumum Monthly Requirements

Titanium Pounds/Month

Stock Rotation Plan The contractor shall have a Stock Rotation/ Quality Control Process Surveillance and Testing Plan (QC Plan) that maintains a mix of melts, where possible, to maintain the freshness and/or ensure incorporation of any technological advances resulting in industry wide changes to specifications or production techniques. This QC Plan shall account for expected material yield loss and/ or scrap that may occur during the processing of material.

5. INCENTIVES

The Contractor’s performance both positive and negative will be posted to the Contractor Performance Assessment Reporting System (CPARS). The CPARS assessment will be based on objective facts and supported by program and contract management data.

6. METHODS OF QA SURVEILLANCE

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

a. DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.)

Witness Material test, Physical inventory of available billets, bars, plates etc . Standard:

Considered acceptable if the Contractor met or exceeded the targeted quantities.

b. PERIODIC INSPECTION. (Evaluates outcomes on a periodic basis. Inspections may be scheduled [Daily, Weekly, Monthly, Quarterly, or annually] or unscheduled, as required.)

Standard: Contractor met or delivered earlier than the customer requested delivery times for the materials. Review material storage conditions and management procedures. Standard:

Considered acceptable if the Contractor demonstrated the ability to identify specific items intended to support the buffer. The Contractor must demonstrate the ability to track materials by melt and have a system in place that documents the rotation and use of the material.

c. CUSTOMER VALIDATION. (Performed through 100% surveillance for each order processed under the buffer.) Standard: Contractor met the material requirements and delivery the customer requested. Material transfers included all of the material title, warranties and certifications including the validation of the Chain of Custody. All sales were at the contracted pricing (for those with existing contracts with the seller) or at the best available pricing (for those without an existing contract). No premium fees were applied for using the buffer.

7. DOCUMENTING PERFORMANCE

a. ACCEPTABLE PERFORMANCE

The Government shall document positive performance (see section 5). Any report may become a part of the supporting documentation for any contractual action.

b. UNACCEPTABLE PERFORMANCE

When unacceptable performance occurs, the COR shall inform the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the CO determines a formal written communication is required, the CO shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Contracting Officer. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

8. FREQUENCY OF MEASUREMENT

a. Frequency of Measurement.

During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COR shall meet with the contractor at a minimum, annually to assess performance and shall provide a written assessment.

Signature – Contracting Officer’s Representative

Signature – Contracting Officer

ATTACHMENT II

QUALITY ASSURANCE MONITORING CHECKLIST

SERVICE or STANDARD: Delivery Order #

Contractor/Vendor N a m e : XXXXXXX Company

SURVEY PERIOD:

SURVEILLANCE METHOD (Check): Direct Observation Periodic Inspection Customer Complaint Review of Files

LEVEL OF SURVEILLANCE SELECTED (Check):

Monthly

Quarterly

As needed

PERCENTAGE OF ITEMS SAMPLED DURING SURVEY PERIOD: %

ANALYSIS OF RESULTS:

SERVICE PROVIDER’S PERFORMANCE (Check):

Meets Standards Does Not Meet Standards

NARRATIVE OF PERFORMANCE DURING SURVEY PERIOD:

PREPARED BY: (Print name)

DATE:

Signature

QUALITY ASSURANCE SURVEILLANCE PLAN

For: DLA War Stopper Program

Contract Number: SP8000-15-C-XXXX

Contract Description: The Government seeks the capability for industry to access Titanium alloy – Ti 6Al-4V and Ti 5Al-2.5Sn on an expedited basis to support wartime mobilization, military combat operations/readiness and contingency support.

Contractor’s name: xxxx Company (Cage Code: xxxxx) (hereafter referred to as the contractor).

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

• What will be monitored.

• How monitoring will take place.

• Who will conduct the monitoring.

• How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned CO:

Organization or Agency: DLA Strategic Materials

b. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

Assigned COR:

c. Other Key Government Personnel –

3. CONTRACTOR REPRESENTATIVES

The following employees of the contractor serve as the contractor’s program manager for this contract.

a. Program Manager – (Enter Name of Contractor’s POC)

b. Other Contractor Personnel – (Enter additional names of Contractor’s POC’s)

4. PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Table includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Table 1, Miniumum Monthly Requirements

Titanium Pounds/Month

Stock Rotation Plan The contractor shall have a Stock Rotation/ Quality Control Process Surveillance and Testing Plan (QC Plan) that maintains a mix of melts, where possible, to maintain the freshness and/or ensure incorporation of any technological advances resulting in industry wide changes to specifications or production techniques. This QC Plan shall account for expected material yield loss and/ or scrap that may occur during the processing of material.

5. INCENTIVES

The Contractor’s performance both positive and negative will be posted to the Contractor Performance Assessment Reporting System (CPARS). The CPARS assessment will be based on objective facts and supported by program and contract management data.

6. METHODS OF QA SURVEILLANCE

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

a. DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.)

Witness Material test, Physical inventory of available billets, bars, plates etc . Standard:

Considered acceptable if the Contractor met or exceeded the targeted quantities.

b. PERIODIC INSPECTION. (Evaluates outcomes on a periodic basis. Inspections may be scheduled [Daily, Weekly, Monthly, Quarterly, or annually] or unscheduled, as required.)

Standard: Contractor met or delivered earlier than the customer requested delivery times for the materials. Review material storage conditions and management procedures. Standard:

Considered acceptable if the Contractor demonstrated the ability to identify specific items intended to support the buffer. The Contractor must demonstrate the ability to track materials by melt and have a system in place that documents the rotation and use of the material.

c. CUSTOMER VALIDATION. (Performed through 100% surveillance for each order processed under the buffer.) Standard: Contractor met the material requirements and delivery the customer requested. Material transfers included all of the material title, warranties and certifications including the validation of the Chain of Custody. All sales were at the contracted pricing (for those with existing contracts with the seller) or at the best available pricing (for those without an existing contract). No premium fees were applied for using the buffer.

7. DOCUMENTING PERFORMANCE

a. ACCEPTABLE PERFORMANCE

The Government shall document positive performance (see section 5). Any report may become a part of the supporting documentation for any contractual action.

b. UNACCEPTABLE PERFORMANCE

When unacceptable performance occurs, the COR shall inform the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the CO determines a formal written communication is required, the CO shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Contracting Officer. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

8. FREQUENCY OF MEASUREMENT

a. Frequency of Measurement.

During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COR shall meet with the contractor at a minimum, annually to assess performance and shall provide a written assessment.

Signature – Contracting Officer’s Representative

Signature – Contracting Officer

ATTACHMENT II

QUALITY ASSURANCE MONITORING CHECKLIST

SERVICE or STANDARD: Delivery Order #

Contractor/Vendor N a m e : XXXXXXX Company

SURVEY PERIOD:

SURVEILLANCE METHOD (Check): Direct Observation Periodic Inspection Customer Complaint Review of Files

LEVEL OF SURVEILLANCE SELECTED (Check):

Monthly

Quarterly

As needed

PERCENTAGE OF ITEMS SAMPLED DURING SURVEY PERIOD: %

ANALYSIS OF RESULTS:

SERVICE PROVIDER’S PERFORMANCE (Check):

Meets Standards Does Not Meet Standards

NARRATIVE OF PERFORMANCE DURING SURVEY PERIOD:

PREPARED BY: (Print name)

DATE:

Signature

ATTACHMENT C CLIN STRUCTURE

Base Period of Performance- Strategic Metal Buffer-Titanium

Line Item 0001 – Inventory Holding Price (Ti 6Al-4V)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

Quantity: 12 Months Unit Price:

Firm-Fixed Price FOB: Origin

Line Item 0002 – Inventory Management Price (Ti 6Al-4V)

Total Price: $

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the requirements to use the buffer.

Quantity: 12 Months Unit Price:

Firm-Fixed Price

Line Item 0003 – Inventory Holding Price (Ti 5Al-2.5Sn)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

Quantity: 12 Months Unit Price: Total Price: $_____________________

Line Item 0004 – Inventory Management Price (Ti 5Al-2.5Sn)

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the requirements to use the buffer.

Quantity: 12 Months Unit Price: Total Price: $______________________

Option Period 1- Strategic Metal Buffer-Titanium

Line Item 1001 – Inventory Holding Price (Ti 6Al-4V)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

Line Item 1002 – Inventory Management Price (Ti 6Al-4V)

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the

Quantity: 12 Months Unit Price: Total Price: $_____________________

Line Item 1003 – Inventory Holding Price (Ti 5Al-2.5Sn)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

Quantity: 12 Months Unit Price: Total Price: $_____________________

Line Item 1004 – Inventory Management Price (Ti 5Al-2.5Sn)

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the

Total Price: $____________________

Option Period 2- Strategic Metal Buffer-Titanium

Line Item 2001 – Inventory Holding Price (Ti 6Al-4V)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

Line Item 2002 – Inventory Management Price (Ti 6Al-4V)

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the

FOB: Origin

Line Item 2003 – Inventory Holding Price (Ti 5Al-2.5Sn)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

FOB: Origin

Line Item 2004 – Inventory Management Price (Ti 5Al-2.5Sn)

Total Price: $_____________________

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the

Quantity: 12 Months Unit Price: Total Price: $_____________________

Option Period 3- Strategic Metal Buffer-Titanium

Line Item 3001 – Inventory Holding Price (Ti 6Al-4V)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

Line Item 3002 – Inventory Management Price (Ti 6Al-4V)

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the requirements to use the buffer.

Quantity: 12 Months Unit Price:

Line Item 3003 – Inventory Holding Price (Ti 5Al-2.5Sn)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

Quantity: 12 Months Unit Price:

Line Item 3004 – Inventory Management Price (Ti 5Al-2.5Sn)

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the requirements to use the buffer.

Quantity: 12 Months Unit Price:

Firm-Fixed Price

Option Period 4- Strategic Metal Buffer-Titanium

Line Item 4001 – Inventory Holding Price (Ti 6Al-4V)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

Line Item 4002 – Inventory Management Price (Ti 6Al-4V)

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the requirements to use the buffer.

Quantity: 12 Months Unit Price:

Line Item 4003 – Inventory Holding Price (Ti 5Al-2.5Sn)

Price associated with the cost for storing any material needed to support the buffer. It is anticipated that cost will include, facility space, material handling cost, preservation (if required), security provisions etc. Cost should be consistent with those used for commercial/non-Government or in internal cost used to support storage arrangements.

FOB: Origin

Line Item 4004 – Inventory Management Price (Ti 5Al-2.5Sn)

Price associated with establishing and maintaining a system to track material that will be used to meet the requirements of the buffer. Typical systems will as a minimum track location, current state/form, quantity/weight and, sales activity and stock rotation status for material designated to support the buffer. The price also covers cost associated with reporting requirements and providing oversight to insure that prospective customers meet the requirements to use the buffer.

Quantity: 12 Months Unit Price:

Receipt Acknowledged

Name:

Title:

Date:

Total Price: $_____________________

ATTACHMENT D – CLAUSES AND PROVISIONS

CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (MAY 2015)

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 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, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C.