Combined_Synopsis_Solicitation_SP8000-19-R-0003_-_EMM.pdf

Combined Synopsis/Solicitation Coversheet Electrolytic Manganese Metal

SP8000-19-R-0003

SOLICITATION INFORMATION:

1) This is a combined synopsis/solicitation for the acquisition of commercial items under FAR 13.5, using FAR Part 12 and 13 procedures as supplemented with additional information included in this notice and file attachments.

2) Solicitation SP8000-19-R-0003 is a Request for Proposals (RFP). DLA Strategic Materials intends to award and administer a single Fixed price (FP) with Economic Price Adjustment (EPA) contract; using a Standard Form (SF) 1449 as the award document for the contract.

The Government reserves the right to not award all Contract Line Item Numbers (CLIN), if it proves to be in the best interest of the Government.

3) All offerors must be registered in the System Award Management (SAM) with the applicable NAICS code 331110 to be considered for award. The web site for registration is https://SAM.gov.

4) This solicitation document and incorporated provisions and clauses are those in effect through the:

a) Federal Acquisition Circular 2005-101, effective October 26, 2018.

b) Defense Federal Acquisition Regulation Supplement (DFARS) effective October 31, 2018.

c) Defense Logistics Agency Directive (DLAD) Current to Revision 5 and PROCLTR18-10 through 17, Revised August 10, 2018

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

5) This acquisition is Set Aside 100% for Small Business. The applicable NAICS code is 331110 – Iron and Steel Mills and Ferroalloy manufacturing, with a size standard of 1,500 employees.

6) The DLA Strategic Materials proposes to issue a contract to obtain 3,000 metric tons (MT) of (Electrolytic Manganese Metal) EMM. See attached Attachment A Statement of Work for additional information and specifications.

7) Period of Performance is one (1) base period of 12 months. The Contractor shall deliver no more than 300 MT in one month to the Government until the Contractor delivers a total 3,000 MT of EMM to the Government within the period of performance.

8) The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition.

https://sam.gov/

9) The provision at 52.212-2, Evaluation--Commercial Items, applies; the only evaluation factors are: Technical Acceptability, Past Performance, and Price

10) A completed copy of FAR 52.213-3 Offeror Representations and Certifications-Commercial Items, applies to this acquisition and shall be submitted with your proposal if not available through SAM at https://www.sam.gov.

11) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

12) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition.

13) The clause at FAR 52.216-2 Economic Price Adjustment – Standard Supplies, applies to this acquisition. Adjustments shall be based on cost indexes of material proposed and subject to Contracting Officer approval.

14) Payment Terms: Net 30

15) This procurement is not rated under the Defense Priorities and Allocations System (DPAS).

16) Please take note of the following applicable clauses:

FAR 52.223-3 Hazardous Material Identification and Material Safety Data Sheet (Jan 1997) DFARS 252.223-7001 Hazard Warning Labels (Dec 1991) FAR 52.207-4 Economic Purchase Quantity – Supplies (Aug 1987) FAR 52.204-17 Ownership or Control of Offeror (Jul 2016) FAR 52.204-20 Predecessor of Offeror (Jul 2016) FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (Feb 2016)

SOLICITATION INSTRUCTIONS:

1) A telephonic pre-proposal conference is scheduled for January 7, 2019, 10:00 am - 11:00 am

EST.

2) Please submit your attendance request to the DLA Strategic Material inbox at

SMContracting@dla.mil with SP8000-19-R-0003: EMM Pre-Proposal Participation Request https://www.sam.gov/ in the Subject line, by January 4, 2019, 2:00 pm EST, to ensure the call-in information is provided for participation.

3) Proposals shall not exceed fifteen (15) pages total, single-sided; shall be double-spaced, and no smaller than Size 12, Times New Roman font.

4) If you intend to submit a proposal, please ensure that you review and provide all the required submittals (see below) and complete all applicable fill-in clauses in Attachment F— Provisions and Clauses, including signatures where applicable.

5) Submit your proposal in three (3) separate parts: technical proposal, past performance and price. Each of the parts shall be divided and complete so that evaluation of each may be accomplished independently. The price proposal shall be submitted using Attachment E – CLIN Structure; please propose unit price for each CLIN.

6) The proposal acceptance period shall be 45 calendar days from the date of solicitation closing.

7) Submit your proposal to SMContracting@dla.mil with solicitation number SP8000-19-R- 0003: Proposal in the Subject by January 22, 2019, 2:00 pm ET. Offerors are strongly encouraged to confirm receipt of their proposals after submission. Proposals submitted via facsimile or US mail will not be accepted.

SUBMIT WITH TECHNICAL PROPOSAL:

• Technical Narrative

• Attachment D—Past Performance Questionnaires (for at least three (3) recent (since 2015 or later and relevant customers)

• Attachment E—CLIN Structure

• Safety Data Sheet (SDS) for the solicited material

• Delivery Schedule

• Expected number of lots of material

• Exampled COA for past delivery for the solicited materials

RETAINED FOR INFORMATION:

• Combined Synopsis/Solicitation

• Attachment A—Statement of Work with Addendums

• Attachment B—Evaluation Criteria

• Attachment C - Hammond ESOHMS

• Attachment F—Provisions and Clauses

• Attachment G—DLA Strategic Materials Depot On-site Rules

CONTACT INFORMATION

Contracting Office Address:

Defense Logistics Agency DLA Strategic Materials 8725 John J. Kingman Road Fort Belvoir, VA 22060-6221

Primary Point of Contact:

LaShondra Pelican Contract Specialist Phone: 571-767-0348 Email: lashondra.1.pelican@dla.mil

Secondary Point of Contact:

Noelle Albert Contracting Officer Phone: 571-767-6481 Email: noelle.albert@dla.mil

ATTACHMENTS

Attachment A: Statement of Work Attachment B: Evaluation Criteria Attachment C: Hammond Depot ESOHMS Guide Attachment D: Past Performance Questionnaire Attachment E: CLIN Structure Attachment F: Provisions and Clauses Attachment G: DLA Strategic Materials Depot On-site Rules

STATEMENT OF WORK (SOW)

FOR

ELECTROLYTIC MANGANESE METAL

1. INTRODUCTION

This is a Supply contract to provide Electrolytic Manganese Metal (EMM).

2. SCOPE OF WORK

Defense Logistics Agency Strategic Materials (DLASM) intends to purchase 3,000 metric tons (MT) of EMM flakes with a manganese (Mn) content of at least 99.70% by weight of total substances.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to provide EMM as defined in this SOW. The Contractor shall perform to the standards in the SOW. The Government intends to store this material for an extended period; thus, the material should have a form and packaging conducive to long term storage at an enclosed Government warehouse.

3. DELIVERY SCHEDULE

The total 3,000 MT of the material shall be delivered within 12 months after contract award, with no more than 300 MT in each month.

4. APPLICABLE DOCUMENTS

The following documents are incorporated into the SOW, by reference:

a. Occupational Safety & Health Administration (OSHA) 29 Code of Federal

Regulations (CFR) 1910.1200

b. The United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

c. Harmonized Tariff Schedule, the Tariff Act of 1930, and the Trade Act of 1974

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

e. US CBP Form 6059, General Declaration

f. US CBP Form 5106 (Request for Importer Number, or Notification of Importer

Number), and

g. Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR

170-189).

Attachment A - SOW

5. TECHNICAL REQUIREMENTS

The following sections define the requirements for the material, packaging, labeling and transportation.

5.1 Material Description

5.1.1 The material shall meet the chemical specifications described in Table 1:

Table 1. Chemical Specifications of EMM, percent by weight in the matrix

Mn, total ≥99.70% Fe ≤0.010% C ≤0.010% Si ≤0.010% S ≤0.050% P ≤0.0050% Se ≤0.060%

5.1.2 The material shall be in flake form. Its size shall be Plate 2 inches (50 mm) by down with the tolerance of 15% maximum retaining on 2-inch (50 mm) sieve and 10% maximum passing No. 8 (2.5 mm) sieve.

5.1.3 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.

5.2 Certificates of Analysis (COA)

5.2.1 The Contractor shall provide a COA with each production lot.

5.2.2 The COA is a legal document, which ensures that the materials delivered by the contractor meet the specifications stated in this SOW. If it is found the quality of a material is not the same as that indicated by the COA, the Government would not only return all of the materials at the contractor’s cost, but also reserve the right to ask for the compensation of the time lost.

The contractor shall sample and test the material to ensure the reliability of the COA.

5.2.3 The lot of product 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.

5.2.4 The COAs shall be sent to the Contracting Officer’s Representative (COR) for review and acceptance prior to shipment of each lot to the delivery point.

5.2.5 The Government will review every COA submitted to determine acceptability and compliance with the requirements in this SOW within ten

(10) business days after receipt of the COA.

5.2.6 Each COA shall include the following, at a minimum:

a. Lot number

b. Weight and number of containers the COA covers

c. Results of chemical analysis by lot

d. Results of size analysis by lot, and

e. Printed name and signature of analyst.

5.2.7 The COA and all of the other documents submitted to the Government in this

Contract shall be in English.

5.3 Packaging

5.3.1 The material shall be packaged in industry standard methods. The packaging methods, including type and size of all containers shall be the same (identical in all aspects) for all deliveries.

5.3.2 If steel drums are used, they shall be new with a rated capacity of 30 gallons or metric equivalent capacity. Refurbished drums will not be acceptable.

a. The steel drums shall have a bolt and ring closure.

b. The steel drums shall have a synthetic neoprene gasket to prevent the admission of moisture.

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

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

5.3.3 If super sacks are used, they shall be industry standard and new. Recycled and reused super sacks will not be acceptable.

5.3.4 Upon delivery, the drums or super sacks shall be intact, free of damage and leaks.

5.3.5 Drums or sacks shall be placed and banded/shrink wrapped on high-density hardwood pallets with approximate size of 122 x 122 centimeters (48 x 48 inches) or 122 x 120 centimeters (48 x 40 inches).

5.3.6 A copy of the Safety Data Sheet (SDS) shall be provided externally to the packed material with each lot delivery.

5.4 Labeling

5.4.1 All drums or super sacks shall be identified with attached tags(s)/label(s) as follows:

a. The font size utilized to enter the required information on each tag/label shall be of sufficient size to be legible to the unaided eye.

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

c. Embossment to enter the required information on each tag/label is an acceptable method. Each letter and number shall be completely, individually and legibly embossed with the embossed surface raised a minimum of 0.005 inch above the flat obverse tag surface.

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

e. All tags/labels shall be of sufficient size to permit the listing of all required information.

5.4.2 The information in items a through j below shall be listed on each tag/label.

The marking shall not include a security classification or anything indicating DLA Strategic Materials ownership other than the contract number, purchase specification number and date.

a. Commodity Name

b. Commodity Grade, Type or Form

c. Country of Origin

d. Producer Name

e. Gross Weight in pounds and metric units. (Metric units to be in parentheses.)

f. Net Weight in pounds and metric units. (Metric units to be in parentheses.)

g. Lot Number

h. Drum or Super Sack Serial Number. (The serial number is the individual drum number in relation to the total number of drums or super sacks in the lot; e.g. Drum 6 of 33 drums in the lot.)

i. Government Contract Number

j. Manufacturer’s Specification, Name, Number and Date

5.4.3. Tags/Labels shall be attached to each drum or super sack in a permanent manner that prevents accidental detachment. The means of attachment shall be suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. Attachment by mechanical means (e.g. wire) or adhesive means (e.g. glue, adhesive backed tag/label etc.) are acceptable. Tags/labels shall be pre-formed to the surface to which it will be attached (e.g., a tag to be attached to the curved exterior surface of a drum shall be pre-formed to the same curvature as the drum to ensure proper attachment of the tag).

5.4.3 Three tags/labels shall be attached to each drum or super sack.

5.4.4 All drums or super sacks shall have tags/labels attached at three locations on each drum or sack.

a. For a drum, one tag/label shall be attached to both flat surfaces of the cover/lid (interior and exterior surfaces of each cover/lid).

Additionally, one tag/label shall be attached on the side of each drum midway down on the exterior surface of the container.

b. For a super sack, one tag/label shall be attached to its top surface, and one tag/label shall be attached on its front and one tag/label shall be attached on its back, respectively.

5.4.5 If the material is considered hazardous as defined by OSHA 29 CFR

1910.1200 and/or the United Nations GHS, a label shall be prepared and affixed to each drum/super sack in accordance with those requirements.

5.5 Transportation

5.5.1 The Contractor shall be responsible for transport, as well as for Carrier and

Insurance Paid To (CIP) of the material to point of delivery: the Government Storage Depot in Hammond, Indiana, United States. The transportation of this material shall comply with all relevant Federal, State, and Local laws, including the Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR 170-189) where appropriate.

5.5.2 The Contractor, its agents, and employees shall comply with the

Environmental, Safety, and Occupational Health (ESOH) Policy of DLA

Strategic Materials Attachment II while in storage facilities where stockpile material is stored.

6. TARIFFS

6.1 Exemption of Tariffs: This purchase of EMM by DLA Strategic Materials is exempt from tariffs, according to the Harmonized Tariff Schedule, under the provisions of 19 U.S.C. 1202 (Line 9808.00.40, Strategic and Critical Materials Stock Piling Act), 19 U.S.C. 2461, 19 U.S.C. 2463 and 19 U.S.C. 3007 from the Art. I, Sec. 8, U.S. Const., as for a strategic and critical material.

6.2 Forms of Exemption: The exemption forms shall be filed by the Contractor and executed on the CBP Form 7501 (Entry Summary), where the code (9808.00.40, plus additional code entries) shall be entered on the form with the notation that the Duty and Internal Revenue Taxes are "0," along with the declaration (Form 6059, General Declaration). In addition, the Customs Service requires the Form 5106 (Request for Importer Number, or Notification of Importer Number), along with the invoice for the material, the packing list (if available or applicable), and shipping documents.

6.3 Signature of Certificate: The Form (along with its declarations/entries) shall be signed by an "Authorized Agent," who would be the same individual receiving the shipment.

7. DELIVERY AND ACCEPTANCE

7.1 Delivery

7.1.1 The Contractor shall deliver materials to the Government Storage Depot (delivery point) at the following address during the operations shown below:

Defense Logistics Agency 3200 Sheffield Avenue Hammond, Indiana 46327-1003 United States of America

Telephone: (219) 937-5383

Shipping hours: 0730 to 1530 hours, Monday through Friday (exceptions of federal, state, and local holidays and days of closure due to inclement weather and/or other emergencies) Accessibility: Truck/Rail scale is available (weight capacity 4,000,000 lbs. or 1,800,100 kg)

7.1.2 The Contractor shall schedule all deliveries 10 business days in advance with the COR.

7.1.3 The Contractor shall abide by the rules, laws and regulations when accessing/delivery the material to the Government Storage Depot, as referenced in Attachment I: DLA Strategic Material Depot On-Site Rules and familiarize themselves with the Hammond Depot, its operations, and safety, Attachment II: Hammond Depot ESOHMS Orientation Guide for Contractors and Visitors.

7.1.4 The contractor shall deliver material to the Government Storage Depot listed above within 365 days after the contract is awarded.

7.1.5 The contractor shall deliver up to 300 MT of material each month until the contracted amount of 3,000 MT is met.

7.2 Inspection and Acceptance

7.2.1 The material inspection and acceptance location will be at the Government Storage Depot.

7.2.2 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.

7.2.3 The Government reserves the right to sample and test each lot of material received. The lot(s) selected for verification of conformance with the specifications of this SOW will be determined by the Government. The Contractor has a right to witness any sampling and testing performed by the Government. The Contractor will be given ten (10) working days’ notice in advance of dates when the Government will be conducting sampling of selected lots to allow the Contractor time to schedule to be on-site to witness sampling. The Government’s sampling and testing will take place within ninety (90) calendar days from the time the material is received at the delivery point.

7.2.4 The Sampling shall be performed at the Hammond Depot. The Sampling Company, a third party chosen by the Government, will be responsible for retention and maintenance of the chain of custody of the sample until the sample’s custody is transferred to the Testing Company, a third party chosen by the Government.

7.2.5 The Sampling Company shall sample material by lot. The mass and number of sample increments and the sampling method shall be in accordance with the appropriate ISO or ASTM standard(s) or procedure(s) recognized as the standard practice in the industry. The Sampling Company shall combine all sample increments from a lot into an aggregate sample for that lot. The aggregate sample shall thenbe split into three (3) separate portions: a laboratory sample for subsequent analysis, a government reserve sample; and an umpire sample. The Sampling Company shall weigh, package, label, and seal these samples in accordance with appropriate standards or standard industry practice and in a manner which will preserve the material’s properties, and shall follow chain-of-custody protocols through the sample’s transfer to the Testing Company, chosen by the Government. The sample identification label shall show an ID number that clearly links it to the parent lot, and the material name, acquisition contract number, lot number, location, and date.

7.2.6 If the results of the material analysis by the government’s Testing Company indicate the material does not conform to one or more of the specifications of the SOW, or is in significant conflict with the COA submitted by the Contractor; the Government and Contractor shall bilaterally agree to a third party testing company to analyze the umpire sample to determine which analysis of the material is correct. If the results of the third party umpire testing agree with the Contractor’s COA, the Government will be responsible for all costs of the umpire testing. If the results of the third party umpire testing agree with the Government’s analysis, the Contractor shall be responsible for all costs associated with the umpire third party umpire testing.

7.2.7 If the Contractor waives their right to witness the Government’s sampling of the material, the Contractor waives the right to challenge the integrity of the umpire sample collected by the Government’s Sampling Company.

7.2.8 The COR will provide written notification to the Contractor of final acceptance or rejection of each lot of material once all inspections and analyses have been completed by the Government.

7.2.9 If any lot, or lots, of the material do not conform to the standards listed in this

SOW, the Government will reject those lots. The Contractor shall remove and replace the material within 90 calendar days of notification of rejection; the Contractor shall be responsible for any and all appropriate remedies in accordance with the contract.

8. LIST OF ABBREVIATIONS AND ACRONYMS

ASTM American Society for Testing and Materials CBP Customs and Border Protection CFR Code of Federal Regulations CIP Carrier and Insurance Paid To COA Certificate of Analysis COR Contracting Officer’s Representative DLA Defense Logistics Agency DLASM Defense Logistics Agency – Strategic Materials

DNSC Defense National Stockpile Center DoT Department of Transportation EMM Electrolytic manganese metal ESOH Environmental, Safety and Occupational Health ESOHMS Environmental, Safety, and Occupational Health Management System FAR Federal Acquisition Regulations FOB Free on Board FY Fiscal Year GHS Globally Harmonized System of Classification and Labeling of Chemicals IMO International Maritime Organization ISO International Organization for Standardization Lb Pound Kg Kilogram mm Millimeter MT Metric Ton NDAA National Defense Authorization Act OSHA Occupational Safety & Health Admiration SDS Safety Data Sheet SOW Statement of Work S/N Serial Number US United States

Attachment B Evaluation Criteria

Electrolytic Manganese Metal

The Government intends to award a single fixed price (FP) with Economic Price Adjustment (EPA) contract for the procurement of Electrolytic Manganese Metal. The Government reserves the right to award multiple contracts if it proves to be in the best interest of the Government.

The proposal will be evaluated using FAR 15.101-2, Lowest Price Technically Acceptable standards to be determined eligible for award. The lowest price technically acceptable source selection process is appropriate as best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

In accordance with (IAW) FAR 15-101-2(b)(1), the evaluation factors listed below will be used to evaluate all proposals submitted. Contract award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for the non-cost factors (Technical Acceptability and Past Performance.) The Government intends to award without discussions but reserves the right to hold discussions.

In accordance with (IAW) FAR 15.304(d), the following factors shall be used to evaluate proposals:

Factor 1: Technical Acceptability

Factor 2: Past Performance

Factor 3: Price

EVALUATION CRITERIA

Factors 1 and Factor 2 shall be evaluated on an Acceptable/Unacceptable basis.

A proposal will be considered if it conforms to the requirements of the Statement of Work. A proposal will NOT be considered if it does not conform to ALL the requirements in the Statement of Work. The proposal will also NOT be considered if it does not include the required submittals.

Factor 1: Technical Acceptability:

(1) In a document named “Technical Narrative” the offeror must describe their ability to provide 3000 metric tons (MT) of Electrolytic Manganese Metal (EMM) flakes with manganese (Mn) purity of at least 99.7% by weight in accordance with the specifications in the Statement of Work. The offeror must identify in a detailed narrative the ability to meet the requirements for the following:

a. Material: Please explain in a detailed narrative the ability to meet the material specifications listed in the SOW Section 5.1 in the amount of 3000 MT at no more than 300 MT per month.

b. Material Packaging:

1. Please explain in a detailed narrative the ability to provide material packaged in industry standard super sacks in accordance with SOW Section 5.3.

2. Please explain in a detailed narrative the ability to provide material packaged in new UN1A2 drums in accordance with SOW Section 5.3.

c. Labeling: Please explain in a detailed narrative the ability to provide labeling as defined in SOW Section 5.4.

d. Delivery and Material Transportation: Please explain in a detailed narrative the ability to deliver the material to Hammond, Indiana storage facility in accordance with SOW Section 5.5.

(2) The offeror must provide the following SUBMITTALS WITH PROPOSAL:

a. Technical Narrative with detailed explanations listed in Section 1 above.

b. Safety Data Sheet (SDS) for the solicited materials.

c. Example of COA for past delivery for the solicited materials. See SOW Section 5.2.6 for required information.

d. Testing and methodology for the tests performed on the COA.

e. Expected lot size, number of lots, and frequency of deliveries

f. Proposed Delivery schedule (no more than 300 MT a month).

Factor 2: Recent and Relevant Past Performance

Past Performance will be rated as Acceptable or Unacceptable. To be considered awardable, offerors must have an Acceptable Past Performance Rating.

(1) Past Performance Questionnaires. Offerors are instructed to submit up to three (3) Past Performance Questionnaires that may include the performance still in progress, however, it should have a minimum of one (1) year of performance history and be no more than three (3) years old from the closing date of the solicitation. At a minimum, the documentation must include the contract number, award date, delivery date(s), and quantity. The references may be either government or commercial entities.

(2) The Government will evaluate the offeror’s submitted past performance, to include the questionnaires, for recency and relevancy based on how well the contractor performed on projects of similar scope, dollar value, and complexity.

(3) Additionally, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/ subsidiary/ affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.

(4) In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have Unknown (or “Neutral”) past performance. In the context of acceptability/unacceptability, a “Neutral” rating shall be considered “Acceptable”.

Factor 3: Price If the proposal has been determined technically acceptable, the Government will evaluate offerors’ price proposals in the following manner. The offeror shall provide a price for 3,000 metric tons of EMM packaged in super sacks (CLIN 0001) and 3,000 metric tons of EMM packaged in steel drums (CLIN 0002). The proposed prices for CLIN 0001 and 0002 will be added together to form the overall evaluated price. Contract award will be made to the responsible offeror with the lowest overall evaluated price.

HAMMOND DEPOT ESOHMS ORIENTATION GUIDE

FOR CONTRACTORS AND VISITORS

“I Am The Key”

Statement of Acceptance: I have received, read and accepted the information contained in this depot orientation guide and will brief other employees on the information contained herein.

Accepted by:

NAME COMPANY DATE

Attachment C ESOHMS Guide Page 1 of 9

INTRODUCTION

DLA Strategic Materials has developed an Environmental, Safety and Occupational Health Management System (ESOHMS) that is based on ISO 14001:2015 - "Environmental Management Systems - Specification with Guidance for Use" and Occupational Health and Safety Assessment Series (OHSAS) 18001 - "Occupational Health and Safety Management Systems - Specification.”

The ESOHMS encompasses all of our Environmental, Safety and Occupational Health (ESOH) policies and programs, and applies to all our employees and all those working on our behalf. We wish to inform visitors and others working at our depots about the key components of the ESOHMS. The purpose of this briefing is to ensure everyone is aware of our ESOHMS and the key environmental, safety and occupational health information that is critical to protecting human health and the environment.

ESOH POLICY STATEMENT

The Environmental, Safety and Occupational Health Policy Statement establishes the framework for the ESOHMS. As such, the ESOH Policy Statement provides the foundation for controlling the environmental impacts, safety and occupational health risks of its activities, commodities, and services and establishing environmental goals and objectives. The key elements of the ESOH Policy Statement include:

• Compliance with applicable laws and policies

• Continuous improvement

• Management review on a regular basis

• Communication with employees as well as the public

• Use of best management practices in protecting our natural resources and preventing pollution

• Providing the resources for all mandatory training

• A social responsibility toward their customers

FIVE COMMANDMENTS

The Five Commandments of the ESOHMS are:

1. Be Safe

2. Recycle

3. Conserve Our Natural Resources

4. Understand Your Job Responsibilities

5. Know What Regulations Apply To Your Job

Attachment C ESOHMS Guide Page 2 of 9

Critical ESOHMS Information for Hammond Depot

EMERGENCY RESPONSE

The Hammond Depot has an Emergency Response Plan. The pages attached provide key contacts for the Hammond Depot. The Depot Manager, is the primary contact for emergencies (219) 937-5383 x 304 (office) or (571) 474-7628 (cell). Also, 911 emergency service is available in the area. In the event of an emergency, all contractors and visitors are directed to calmly make a spot check of their immediate work area, and then proceed to the depot security office, or if without transportation, exit work area to a safe distance, if necessary. Contractors and visitors are required to communicate all emergency information to the Depot Manager’s office immediately. The nearest emergency room is St. Margaret’s Mercy Hospital; directions and a map to the hospital are attached.

HAZARDOUS MATERIALS STORAGE

Hazardous materials stored at Hammond Depot are identified by National Fire Protection Association (NFPA) color-coded signs as follows:

Attachment C ESOHMS Guide Page 3 of 9

BLUE – HEALTH HAZARD

RED – FIRE HAZARD

YELLOW – REACTIVITY

WHITE – SPECIFIC HAZARD

1 (one) is the Least Hazardous and 4 (four) is the Most Hazardous

POLLUTION PREVENTION

We have a pollution prevention policy and a spill prevention control and countermeasures policy.

Hammond Depot maintains a Storm Water Pollution Prevention (SWPP) Plan and a Spill Prevention, Control and Countermeasures (SPCC) Plan. These plans describe the aboveground petroleum storage tanks, commodity storage areas and other potential sources of contamination and the procedures to follow in the event of a spill or release. Aboveground storage tanks containing gasoline or diesel fuel are located in the vehicle fueling area, and in the pump house (see attached depot map).

Spills of petroleum or hazardous materials contaminate not only the stormwater runoff pathways, but also the soil and air. Spill response should be focused on protecting human health and preventing impacts to the environment. In the event of a spill, remember SWIM:

S – Stop the spill W – Warn others (and contact the depot manager) I – Isolate the area M – Minimize your exposure

The commodities stored at the depot could also pose a risk to the environment if released from the site.

Follow these best management practices when handling commodities:

• Identify and locate all storm drains and surface water flow pathways in the vicinity of the work area.

• Appropriate materials, such as hay bales, silt fence, or railroad ties, should be readily available and placed as a barrier between the commodity area and the storm drainage system, to help reduce the amount of any loose commodity material that could get washed into the drainage system by runoff from the outloading area.

• Surface runoff that flows towards nearby drainage ditches, swales, streams, etc., should also be similarly blocked.

• These activities should be performed not only while storm water runoff is actively occurring, but also to plan ahead for any rainfall, snowfall, snowmelt, etc. that may occur during the handling of commodities.

OTHER CONTRACTOR REQUIREMENTS

• Contractors working on site must advise the Depot Manager, in writing, of the presence of hazardous material, hazardous waste and their method of fuel supply.

• .Contractors must maintain (on-site) an SDS for all hazardous materials on site.

• Contractors must store and dispose of hazardous waste in accord with state, local & federal regulations.

Attachment C ESOHMS Guide Page 4 of 9

• Contractors must conduct operations in accordance with applicable OSHA hazardous waste regulations (29 CFR 1910).

• Hazardous materials must be stored, used and transported in accordance with state, local and federal regulations.

• Contractors must comply with the depot recycling program.

• Contractors should refer all media enquiries regarding operations, environmental management, safety, occupational health, etc. to the Depot Manager.

(Visit the Depot main office for questions on our Hazard Communication Program and Procedures)

YOU ARE THE KEY!

The Environmental, Safety and Occupational Health Policy Statement provides the foundation for controlling the environmental impacts of our activities, commodities, and services and establishes environmental goals and objectives. Compliance with the SWPP and SPCC Plans and protecting water quality are a part of these goals.

It is your duty to keep an eye open to identify conditions that may contribute to contamination of storm water runoff. During your daily routine should you notice a potential problem, take the steps to fix it! Keep the lines of communication open.

Remember that whatever goes into the storm water system will end up in our groundwater or local waterways. Often times, that waterway is used for recreation, as a source for food (i.e., fish), and as a source for drinking water.

Attachment C ESOHMS Guide Page 5 of 9

Depot Office (219) 937-5383 Security Guards-Main Gate

Office: (219) 937-5383, x 119 Cell: (219) 712-5996

Bomb Disposal and Federal Protective Service (312) 353-0735 FPS I Homeland Security - Battle Creek

(877) 719-4894 Poison Control Center:

(Emergency) (800) 222-1222 National Response Center and Terrorist Hotline (Oil & Toxic Chemical Spills from Terrorist Activity)

(Emergency) (800) 424-8802 FBI (Gary, IN) (219) 886-3795 Alarm Monitor- Emergency 24

(800) 877-3624 Gas and Electric- NIPSCO

(Emergency) (800) 634-3524

EMERGENCY PHONE LISTING

The Hammond Depot phone system requires dialing 9 before calling outside numbers.

Use a wired (non-cellular) telephone if possible when calling 911. If using a cell phone, you may need to give your location to the 911 operator.

Local Emergency Phone Numbers

Fire Department

Police Department

Ambulance

(9) - 911

Chain of Command for Emergency Events

1. Call 911 if appropriate.

2. Notify the Distribution Facilities Manager, Nate Walsko at:

(219) 937-5383, x 304 (Office), or (571) 474-7628 (Cell).

Alternate: Vanessa Brown: (703) 223-2311 (Cell)

(Non-emergency) (800) 464-7726 or (219) 853-5050

Hammond Police (Non-emergency) (219) 853-6544

Indiana State Police (Non-emergency) (219) 769-8459

Hammond Fire Department (Non-emergency) (219) 853-6524

Telephone - SBC (24-hour repair) (800) 556-3000

Water - Hammond Water

(219) 853-6428

NIPSCO (219) 853-5050

St. Margaret Hospital (219) 93. 2.-2300

ORPP- Dewey Blair -· -

Office: (518) 370-3347 Cell: (518) 859-4938

Attachment C ESOHMS Guide Page 6 of 9

NEAREST EMERGENCY ROOM

St. Margaret Mercy Hospital 5454 Hohman Ave.

Hammond, IN 46320

(219) 932-2300 or (708) 891-9305

Directions to St. Margaret Mercy Hospital:

1. Exit depot main gate, turn Right onto S. SHEFFIELD AVE., going towards E. 136TH ST. - (0.6 mile)

2. Continue on S. HOHMAN AVE. – (2.2 miles)

3. Arrive at St. Margaret Mercy Hospital, on the right at 5454 S. HOHMAN AVE.

Note: Sources list hospital address as both Hohman Avenue and South Hohman Avenue.

Approximate travel time: 8 minutes. Approximate distance: 2.8 miles

Figure 1. Map to St. Margaret Mercy Hospital:

A indicates 3200 Sheffield Ave. (Hammond Depot)

B indicates 5454 S. Hohman Ave. (St. Margaret Mercy Hospital)

Attachment C ESOHMS Guide Page 7 of 9

IDI

OUTFALL

SCALE HOUSE

WOLF LAKE

OUTFALL

-·--.._ 1

AREA "c" D

CINDER

BLOCKS

AREA "E"

POND

AREA "D"

AREA "8" WAREHOUSE

No. 1 00-W

AREA "F"

CONTRACTOR

MAINT. BLDG.

(55 GAL DRUM

USED OIL STORAGE)

LEGEND

---- PROPERTY LINE

AST's

WAREHOUSE

No. 1 00-E

No. 200-E

WOLF LAKE

INDUSTRIAL CENTER

11111111111111111111 R.R. TRACKS

AREA BOUNDARY

- - - DRAINAGE DITCH

SEE FIGURE 3

FOR MORE DETAIL AREA "G" AREA "J"

GAR AGE & OFC.

AREA ''H''

c::::> SURFACE FLOW DIRECTION PUMP HOUSE

® SLAG PILES

LIMESTONE PILES

COMMODITY STOCKPILES

WITH PILE NUMBER

D BUILDINGS

·-· STREAM OR LAKE

J2) SPILL KIT LOCATION

PROPOSED STORAGE PONDS

APPROXIMARE LOCATIONS)

GUARD HOUSE

ACCESS ROAD

WETLANDS

NOT TO SCALE

FIGURE 2

HAMMOND DEPOT

HAMMOND. INDIANA

HAMMOND DEPOT SITE MAP

Attachment C ESOHMS Guide Page 8 of 9

ABOVEGROUND STORAGE TANK (AST) IDENTIFICATION

AST ID NO. CAPACITY CONTENTS LOCATION

AST-1 1000 GALLONS GASOLINE FUELING STATION

AST-2 1000 GALLONS DIESEL FUEL FUELING STATION

AST-3 140 GALLONS DIESEL FUEL PUMP HOUSE

MAI NTENANCE BLDG

(SEE NOTE 1)

AST-1

AST-2

No. 1 00-E

AREA "G"

GARAGE AND OFFICE

--c---------------------

PUMP HOUSE ACCESS ROAD

OFFICE

GATE

GUARD HOUSE

LEGEND

[QJ INDICATES SOLID WASTE

BIN (DUMPSTER)

---- PROPERTY LlNE

11111111111111111111 R.R. TRACKS

AREA BOUNDARY

I I BUILDINGS

J?) SPILL KIT LOCATION

1,_- I) PROPOSED STORAGE PONDS

1. THREE PORTABLE GENERATORS ARE STORED

IN VEHICLE MAINTENANCE BLDG.

NOT TO SCALE

FIGURE 3

HAMMOND DEPOT

HAMMOND. INDIANA

"-I (APPROXIMATE LOCATIONS) AREA •A• DETAIL MAP

Attachment C ESOHMS Guide Page 9 of 9

Electrolytic Manganese Metal Attachment D - Past Performance Questionnaire

SP8000-19-R-0003 Source Selection Information Page 1 of 3 See FAR 2.101 and 3.104

Attachment D: Past Performance Questionnaire

Electrolytic Manganese Metal This questionnaire is designed to provide DLA Strategic Materials with basic information regarding the Contractor’s past performance on previous contracts they have been awarded and the satisfaction with their performance.

Please send this Questionnaire back to Noelle Albert, Contracting Officer at SMContracting@dla.mil with the subject line SP8000-19-R-0003 Electrolytic Manganese Metal Past Performance Questionnaire.

Please complete the following identifying information and past performance assessment:

A. Contractor: __________________________________________________________________ B. Contract number: ____________________________________________________________ C. Period of Performance: ________________________________________________________ D. Total Contract Amount (Including any Options): ___________________________________ E. Describe product acquired: _______________________________________________ ______

Point of Contact if the Government requires clarification on information filled out in this questionnaire: (name, title, organization, address, email, and phone):

Evaluator’s experience with this manufacturer (evaluator is the person filling out the questionnaire) (Evaluator’s name, title, and organization if different from POC):

mailto:SMContracting@dla.mil

Electrolytic Manganese Metal Past Performance Questionnaire

SP8000-19-R-0003 Source Selection Information Page 2 of 3 See FAR 2.101 and 3.104

When answering the questions below, please consider previous experiences with the Contractor and the quality of the products you have received from them.

Please use the rating system on page 2 above when answering questions #3-7 below:

1. Have you received the following materials from the manufacturer:

Electrolytic Manganese Metal

Please check a box: ☐ Yes ☐ No Please indicate the grade/purity level, granule size, and material quantity you have received.

2. If applicable, please provide the contract name and number under which you procured these materials.

3. Cost—Rate the Contractor’s ability to control cost and deliver at the agreed-to price. Describe reasons for changes to contract value (e.g., scope changes, overrun/ underrun, Government-imposed schedule changes, etc.).

Please comment below.

4. Quality—

a) How well did the contractor adhere to the requirements of a Safety Data Sheet, Certificate of Analysis, or Performance Based Contracting requirements?

Please comment below.

b) Did the services provided meet the required level of quality or results?

Please comment below.

5. Performance— Rate the contractor's ability to comply successfully with the contract requirements and/or statement of work.

Please comment below.

Electrolytic Manganese Metal Past Performance Questionnaire

SP8000-19-R-0003 Source Selection Information Page 3 of 3 See FAR 2.101 and 3.104

6. Schedule—

a) How well did the contractor adhere to the agreed-to schedule?

Please comment below.

b) What were the causes of any schedule variances?

Please comment below.

c) Were data reports and/or materials delivered on time?

Please comment below.

7. What is your overall rating of the contractor’s performance?

Please comment below.

8. Given the choice, would you award to this contractor again? Why/why not?

Please include any additional comments below that will assist in the evaluation of the technical competence and reliability of this material manufacturer.

Name and Date questionnaire was completed: ________________________________________

Attachment E Contract Line Item Number (CLIN) Schedule

Electrolytic Manganese Metal (EMM)

SP8000-19-R-0003

Defense Logistics Agency Strategic Materials (DLASM) intends to purchase 3,000 metric tons (MT) of EMM flakes with a manganese (Mn) content of at least 99.70% by weight of total substances.

The Government reserves the right to not award Contract Line Item Number (CLIN) 0002, if it proves to be in the best interested of the Government.

Line Item 0001 – Material Price: Electrolytic Manganese Metal

The price associated with providing 3,000 metric tons of Electrolytic Manganese metal, flakes with a manganese (Mn) purity of at least 99.70% by weight. This includes the price associated with the material packaged in super sacks in accordance with industry standard methods.

Quantity: 3,000 Metric Ton Unit Price: _____________ Total Price: $_______________

Line Item 0002 – DLA REQUESTED: Packaging Price

The packaging price associated with steel drum packaging standards stated in Statement of Work Section 5.3 for the solicited material.

Note: The Government reserves the right not to award this contract line item number at time of award.

Quantity: 3,000 Metric Ton Unit Price: _____________ Total Price: $_______________

SOLICITATION SP800019R0003

ATTACHMENT F Provisions and Clauses

SOLICITATION SP800019R0003 CLAUSES AND PROVISIONS

The following FAR, DFARS, and DLAD clauses and provisions apply to this RFP. The full text version of these clauses and provisions may be viewed at the following sites:

FAR: https://www.acquisition.gov/

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

FAR 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018):

Addenda to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018):

Additional applicable clauses Incorporated by Reference:

FAR 52.203-3, GRATUITIES (APR 1984)

FAR 52.203-12, LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 1984)

FAR 52.203-19, PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

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

FAR 52.204-18, COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

FAR 52.204-19, INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

FAR 52.204-21, BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016)

FAR 52.211-5, MATERIAL REQUIREMENTS (AUG 2000)

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

FAR 52.229-3, FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

FAR 52.232-17, INTEREST (MAY 2014)

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

FAR 52.232-40, PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

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

FAR 52.247-34, FOB DESTINATION (NOV 1991)

DFARS 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, REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

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

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

REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

DFARS 252.204-7012, SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

DFARS 252.204-7015, NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

DFARS 252.205-7000, PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS 252.209-7004, SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

DFARS 252.225-7001, BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM – BASIC (DEC 2016)

DFARS 252.225-7002, QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016)

DFARS 252.225-7013, DUTY FREE ENTRY (MAY 2016)

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

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

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

DFARS 252.232-7003, ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

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

DFARS 252.243-7001, PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

DFARS 252.244-7000, SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

DFARS 252.247-7023, TRANSPORATION OF SUPPLIES BY SEA (APR 2014)

DFARS 252.247-7024, NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

DLAD C03, CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (SEP 2016)

The following clauses are incorporated by full text:

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

As prescribed in 11.703(a), insert the following clause:

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

Percent increase [1%]

Percent decrease [1%]

This increase or decrease shall apply to CLINs [0001].

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS -- COMMERCIAL ITEMS.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

(OCT 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(2) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its…