CombinedSynopsisSolicitation_Tantalum_SP800019R0004_FINAL'.pdf

Tantalum Pentoxide (Ta2O5) SP8000‐19‐R‐0004 Page 1 of 4

COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in conjunction with Federal Acquisition Regulation (FAR) Subpart 13.5 Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This is a Request for Proposal (RFP) and the RFP number is SP8000-19-R-0004. All offerors must be registered with the System for Award Management (SAM) to be considered for award.

2. DLA Strategic Materials intends to competitively award a Fixed Price (FP) with

Economic Price Adjustment (EPA) contract. A Standard Form (SF) 1449 will be used as the award document for the contract.

3. This notice incorporates provisions and clauses in effect through:

a) Federal Acquisition Circular FAC 2019-01, effective December 20, 2018;

b) Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20181221, effective

December 21, 2018; and

c) Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR

2019-03.

The complete text of any of the clauses, provisions and DLAD notes may be accessed in full text at:

https://www.acquisition.gov/browsefar;

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.htm; and http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx.

4. This acquisition is Unrestricted. The applicable NAICS code is 212299— All Other Metal Ore Mining, with a size standard of 750 employees. The Product or Service Code (PSC) is 9610 – Ores.

5. The requirement is for the purchase of tantalum concentrate. The basis for the tantalum will be tantalum pentoxide (Ta2O5). See Attachment E – Tantalum CLIN Structure for a list of line item numbers.

6. The DLA Strategic Materials intends to purchase 22,046 pounds of contained Ta2O5 in the base period. With two option periods, in each option period DLA Strategic Materials intends to purchase an additional amount of material of 22,046 pounds of contained Ta2O5.

Also in the base and option periods, DLA Strategic Materials may purchase option quantities not-to-exceed 19,400 lbs of contained Ta2O5 in each period.

7. Materials shall be delivered and sampling and testing performed within 15 months of contract award or option exercise to the Government Storage Depot at:

Defense Logistics Agency Scotia Depot Route 5, Building #12 Scotia, NY 12302-9463 http://www.acquisition.gov/browsefar http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx.

Tantalum Pentoxide (Ta2O5) SP8000‐19‐R‐0004 Page 2 of 4

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

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 52.212-3 Offeror Representations and Certifications- Commercial Items and fill-ins from Attachment F Provisions and Clauses 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 the Argus Metals published prices for Tantalite basis 30% Ta2O5.

14. Payment Terms: Net 30

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

SOLICITATION INSTRUCTIONS

1. This Combined Synopsis/Solicitation will be available at http://fbo.gov on January 28, 2019. If you intend to submit a proposal, please ensure that you provide all required submittals and complete all applicable fill-in clauses per the Combined Synopsis/Solicitation, including signatures where applicable.

2. A telephonic pre-proposal conference is scheduled for February 11, 2019, from 10:00 am -

11:00 am EST. Submit your attendance request to jennifer.phillips@dla.mil to request the call-in information for participation, by February 08, 2019.

3. Please ensure that you review and provide all the required submittals (see below) and complete all applicable fill-in clauses in the Clauses and Provisions, including signatures where applicable.

4. Submit your proposal in two (2) separate parts: technical/past performance and price. Each of the parts shall be divided and complete so that evaluation of each may be accomplished independently.

5. The solicitation closes February 27, 2019, 2:00 pm EST. Submit your proposal to

SMContracting@dla.mil with the solicitation number in the subject line (SP8000-19-R-0004:

Proposal.) You are strongly encouraged to confirm receipt of your proposal after submission. If your proposal is submitted via facsimile or US mail, it will not be accepted.

6. Please submit all questions in writing to jennifer.phillips@dla.mil Attn: Jennifer Phillips, by 3:00 http://www.sam.gov/ http://fbo.gov/ mailto:jennifer.phillips@dla.mil mailto:SMContracting@dla.mil mailto:jennifer.phillips@dla.mil

Tantalum Pentoxide (Ta2O5) SP8000‐19‐R‐0004 Page 3 of 4

P.M. EST February 07, 2019. All responses to the questions will be posted on http://fbo.gov by February 12, 2019.

PRICING STRUCTURE

See attached CLIN structure in Attachment E.

SUBMIT WITH THE PROPOSAL:

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

2. Attachment E—Tantalum CLIN Structure

3. Attachment G – Offeror Submittal Package

a. Safety Data Sheet (SDS) for the proposed materials

b. Submit Example Certificate of Analysis (COA) for past delivery for the solicited material within the last 3 years. (Ref 6.2.1-6.2.1.4 of the SOW)

c. Submit Sampling Plan (Ref 6.3.1-6.3.6 of the SOW)

d. Sampler – Reference Item #4, Attachment G.

e. Submit Testing plan and qualifications of the Third party company (Ref 6.3.1-6.3.6 of the SOW)

f. Testing Laboratory – Reference Item #6, Attachment G.

g. Materials Specification

h. Material Packaging

i. Delivery Schedule

j. Economic Price Adjustment

4. Submit Proof of Conflict Free Status.

5. Submit Expected number of lots of material.

6. Submit Chemical testing from previous lots showing all components over 5%.

RETAIN FOR INFORMATION:

1. Combined Synopsis/Solicitation

2. Attachment A—Statement of Work

3. Attachment B—Evaluation Criteria

4. Attachment C – Scotia ESOHMS

5. Attachment F—Clauses and Provisions

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:

Jennifer Phillips Contracting Officer http://fbo.gov/

Tantalum Pentoxide (Ta2O5) SP8000‐19‐R‐0004 Page 4 of 4

Phone: 571-767-6954 Email: jennifer.phillips@dla.mil

ATTACHMENTS

Attachment A: Statement of Work Attachment B: Evaluation Criteria Attachment C: Scotia Depot ESOHMS Guide Attachment D: Past Performance Questionnaire Attachment E: Tantalum CLIN Structure Attachment F: Provisions and Clauses Attachment G: Offeror Submittal Package mailto:jennifer.phillips@dla.mil

Attachment A Tantalum Statement of Work

STATEMENT OF WORK (SOW)

FOR

TANTALUM

1. INTRODUCTION

This is a Supply contract to provide tantalum (Ta) concentrate. The basis for the Ta will be tantalum pentoxide (Ta2O5).

2. BACKGROUND

The Defense Logistics Agency (DLA) Strategic Materials received authority to procure Ta in the fiscal year (FY) 2017 National Defense Authorization Act (NDAA). The Government intends to store this material for an extended period of time; thus, the material should have a form and packaging conducive to long term storage at an enclosed Government warehouse.

3. SCOPE OF WORK

The DLA Strategic Materials intends to purchase 22,046 pounds of contained Ta2O5 in the base period.

With two option periods, in each option period DLA Strategic Materials intends to purchase an additional amount of 22,046 pounds of contained Ta2O5. Also in the base and option periods, DLA Strategic Materials may purchase option quantities not-to-exceed 19,400 pounds of contained Ta2O5 in each period.

4. PERIOD OF PERFORMANCE

The period of performance shall be for one (1) base period of 15 months, with two (2) option periods of 15 months each.

The delivery for each performance period must take place within that performance period.

5. APPLICABLE DOCUMENTS

The following documents are incorporated 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)

g. Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR 170-189)

h. Nuclear Regulatory Commission (NRC) Part 71 – Packaging and Transportation of Radioactive

Material (10 CFR 71)

i. Requirement of report regarding disclosure of registrant’s supply chain information regarding conflict minerals (17 CFR 240.13p-1)

j. Importation of Strategic and Critical Materials (50 U.S. Code § 98h – 4)

6. TECHNICAL REQUIREMENTS

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

6.1 Material Description

6.1.1 There are two classes of material. The Contractor may submit bids for either or both classes of material.

6.1.2 Non-Radioactive Concentrate shall meet the chemical specification in Table 1.

Table 1. Chemical Specification for Non-Radioactive Concentrate (percent by weight) Ta2O5 Min 20.%

As Max 0.25% Sb Max 0.2%

U + Th < 0.050%

6.1.3 Radioactive concentrate shall meet the chemical specification in Table 2.

Table 2. Chemical Specification for Radioactive Concentrate (percent by weight) Ta2O5 Min 20.%

As Max 0.25% Sb Max 0.2%

U + Th Max 2.0%

6.1.4 The Contractor must provide a natural concentrate which is chemically unmodified.

6.1.5 The Contractor shall certify that the material offered to the Government meets the requirements of a smelter certified as “conflict free” pursuant to the Responsible Minerals Initiative. The Contractor may satisfy this requirement by submitting a written certification from a smelter certified as “conflict free” pursuant to the Responsible Minerals Initiative. This certification shall be written on official company letterhead and shall include the following.

6.1.5.1 Name and title of a certifying representative of the smelter;

6.1.5.2 Address of the smelter;

6.1.5.3 Email address and phone number of the certifying representative of the smelter;

and

6.1.5.4 A statement certifying that the material offered by the Contractor would be considered “conflict free” pursuant to the Responsible Minerals Initiative and due diligence requirements established by 17 CFR 240.13 p-1.

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

6.2 Testing: Certificate of Analysis (COA) and Third Party Sampling and Conformance Testing

6.2.1 The contractor shall provide a COA for each lot.

6.2.1.1 The COA shall be in English.

6.2.1.2 The COA shall have a statement certifying that the material meets and or exceeds the specifications of this SOW.

6.2.1.3 The COAs must be sent to the Contracting Officer (CO) for review and approval prior to shipment to the delivery point.

6.2.1.4 The 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. A chemical analysis covering majority components of the material: analysis shall identify and provide percent weight values of each non-atmospheric component contained in the material that is present in amounts greater than or equal to 5.0% by weight of the material

e. A summary of analytical methodology used and significant assumptions made (I.e. All rare earths are in oxide form)

f. Name and signature of analyst.

6.3 Producer/Supplier Responsibility for Independent Third-Party* Conformance Testing and

Verification.

Note: The detailed requirements for the Third Party testing are addressed in Attachment 1 of this

SOW.

* Herein, a “party” is defined as:

a. 1st Party = Producer/Supplier

b. 2nd Party = DLA Strategic Materials

c. 3rd Party = Independent company not affiliated with the other two (2) parties.

6.3.1 The Contractor shall submitting a COA for the material, and their independent third-party sampling and testing to verify that its material conforms to all specifications set forth in Section 6.1 and 6.2 of this SOW.

6.3.2 Selection of the third party sampling and testing company(s) and their qualifications are subject to approval by the Contracting Officer.

6.3.3 The specifications required in Section 6.1 and 6.2 shall be incorporated into the conformance sampling and testing procedures. [See Attachment 1, DLA Strategic Materials Requirements Regarding Independent Third-Party Conformance Testing].

6.3.4 All samples shall be collected by an independent professional sampler in accordance with applicable standards for collection of samples of like or similar material and who is recognized for their experience in collecting samples of like or similar materials. The sampler shall determine the proper chain of custody of the sample(s).

6.3.5 To ensure compliance with NRC regulation, if the material is radioactive, sampling must occur at a facility that has an appropriate NRC license.

6.3.6 The Contractor shall use an independent sampling company to collect a representative sample of each lot of material to be shipped to the Government.

6.4 Packaging

6.4.1 The material shall be packaged in new UN 1A2 compliant steel drums with a rated capacity of 30 or 55 gallons or metric equivalent capacity. The Contractor shall package all material delivered throughout the performance of this SOW in the same size and type (identical in all aspects) of drum.

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

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

6.4.4 The steel drums shall contain a polyethylene liner.

6.4.5 The steel drums’ exteriors shall be hot dipped galvanized or painted with a rust preventive coating.

6.4.6 The steel drums’ interiors shall be hot dipped galvanized or painted with a rust preventative coating.

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

6.4.8 Upon delivery, the drums shall be intact and shall be free of damage. Containers shall be free of contamination and leaks, including radioactive leaks.

6.4.9 Drums shall be placed on wooden pallets.

6.4.10 The wooden pallets shall be of approximate size 122 x 122 centimeters (48 x 48 inches).

6.4.11 The drums shall be banded on the pallets.

6.4.12 All shall be packaged in accordance 6.4.1 through 6.4.11 of this SOW. If the material is radioactive, it shall satisfy any other requirements prescribed in NRC Part 71 – Packaging and Transportation of Radioactive Material.

6.4.13 A copy of the Safety Data Sheet (SDS) for the contained material shall be provided external to the packed material with each lot delivery. In accordance with The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), the SDS shall contain the chemical name and concentration or concentration range of all ingredients which are classified as health hazards and are: present above their cut-off/concentration limits, or present a health risk below the cut-off/concentration limits. The SDS shall be in English.

6.5 Labeling: All drums shall be identified with attached tags(s)/label(s) as follows;

6.5.1 General Tag/Label Requirements:

a. Font: All information on tag(s)/label(s) shall be in English.

b. Font Size: 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 (size 14 minimum).

c. Ink Used to Print Tags/Labels: Any ink used to print tags/labels shall be permanent and suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. The use of paint on tags/labels is not an acceptable method to enter the required information on each tag/label.

d. Embossment of Tags/Labels: 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 0.05 inch above the flat obverse tag surface.

e. Tag/Label Material: 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.g. aluminum tags/labels breakdown when in contact with tungsten ores & concentrates). Tag/label material shall have an expected lifespan of a minimum of 20 years with no degradation.

f. Physical Dimensions of Tag/Label: All tags/labels shall be of sufficient size to permit the listing of all required information.

6.5.2 Information Required on Tag/Label: The information in items 1 through 10 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.

1) Commodity Name

2) Commodity Grade, Type or Form

3) Country of Origin

4) Producer Name

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

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

7) Lot Number

8) Drum Serial Number. (The serial number is the individual drum number in relation to the total number of drums in the lot; e.g. drum 6 of 33 drums in the lot.)

9) Government Contract Number

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

6.5.3 Attachment of Tags/Labels: Tags/Labels shall be attached to each drum 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).

6.5.4 Number of Tags/Labels to be attached to each drum: Three tags/labels shall be attached to each drum.

6.5.5 Location(s) of Attachment of Tags/Labels to Each Drum: All drums shall have tags/labels attached at three locations on each 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.

6.5.6 Additional Labeling Requirements: If the material is considered hazardous as defined by OSHA 29

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

6.5.7 In accordance with The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), the SDS shall contain the chemical name and concentration or concentration range of all ingredients which are classified as health hazards and are: present above their cut-off/concentration limits, or present a health risk below the cut-off/concentration limits.

6.6 Transportation

6.6.1 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 Scotia, New York. The transportation of this material shall comply with all relevant Federal, State, and Local laws, including the DoT Hazardous Materials Regulations (49 CFR 170-189) where appropriate, including SDS documentation inclusion in shipping requirements.

6.6.2 If the material is radioactive it shall be labeled and transported in accordance with NRC Part 71 –

Packaging and Transportation of Radioactive Material.

6.6.3 The Contractor, its agents, and employees shall comply with the Environmental, Safety, and

Occupational Health (ESOH) Policy of DLA Strategic Materials (see Attachment #3) while in storage facilities where stockpile material is stored. The policy can also be found on the DLA Strategic Materials website: http://www.dla.mil/HQ/Acquisition/StrategicMaterials/iamthekey.aspx

7. TARIFF

7.1 Exemption of Tariffs

This purchase of tantalum concentrate 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

7.2 Execution of Exemption

The exemption forms shall be filed by the Contractor and executed on the US Customs and Border Protection (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.

7.3 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.

8 DELIVERY AND ACCEPTANCE

8.1 Delivery Point

8.1.1 The Contractor shall deliver materials to the Government Storage Depot at the following address:

Defense Logistics Agency Scotia Depot http://www.dla.mil/HQ/Acquisition/StrategicMaterials/iamthekey.aspx

Route 5, Building #12 Scotia, NY 12302-9463 Telephone: 518-370-3347 Accessibility: Material scale to a maximum of 4,000 lbs.

8.1.2 The Contractor shall deliver materials to the Government Storage Depot within the unloading hours of 7:00 AM – 2:30 PM, Monday – Friday.

8.1.3 The Contractor shall abide by the rules, laws, and regulations when accessing/delivering the material to the Government storage depot as referenced in the DLA Strategic Materials Depot On-Site Rules.

See Attachment 2.

8.2 Material Delivery Inspection Point. Delivery inspection for identification of material, drum condition, labeling, and required documentation will be conducted at the Delivery Point.

8.3 Delivery Date

8.3.1 The contractor shall deliver material within the period it is ordered.

8.4 Delivery Inspection

8.4.1 The Contractor shall submit COA results for each lot of material to the COR for review and approval prior to shipment to the delivery point.

8.4.2 DLA Strategic Materials will review these submitted documents to ensure acceptability and compliance with the requirements listed in this SOW. DLA Strategic Materials will complete this review and notify the Contractor of DLA Strategic Materials’ determination of acceptability of each submitted COA within 10 business days of receipt of the submitted COA by the Government.

8.4.3 After the CO has reviewed and accepted both the Contractor’s and the Independent Third-Party’s

COAs, the COR will authorize the Contractor to ship material to the DLA Strategic Materials depot.

8.4.4 Written notification to the Contractor of final acceptance or rejection of material will be provided after a visual examination upon receipt of material at the delivery point.

8.4.5 All material deliveries and tests, analyses, and samples shall be accomplished within the prescribed period of performance in this SOW.

8.4.6 If any lot or lots do not conform to the SOW, the Government will reject the nonconforming lot or lots. The Contractor shall be responsible for removal and replacement of rejected lots, including all associated costs, within 90 calendar days.

9. List of Abbreviations / 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 DoT Department of Transportation ESOH Environmental, Safety and Occupational Health ESOHMS Environmental, Safety, and Occupational Health Management System FY Fiscal Year GHS Globally Harmonized System of Classification and Labeling of Chemicals ISO International Organization for Standardization NDAA National Defense Authorization Act NRC Nuclear Regulatory Commission OSHA Occupational Safety & Health Admiration SDS Safety Data Sheet SOW Statement of Work US United States

ATTACHMENT 1

DLA Strategic Materials Requirements Regarding Independent Third-Party Conformance Testing

DLA Strategic Materials Testing Requirements

1. Both the Sampling Company and the Testing Company shall have expertise/experience in sampling and laboratory analysis of the material described in this Statement of Work or related or similar materials in similar form, resulting in an established reputation for excellence.

2. Both the Sampling Company and the Testing Company shall provide all labor, supplies, equipment (including any appropriate personal protective equipment), and materials necessary to perform their tasks.

3. Both the Sampling Company and the Testing Company shall produce proof of certification(s) accepted by industry as applicable to sampling and to analysis of the material described in this Statement of Work, or related or similar materials in similar form. The Contractor shall provide a Quality Control Procedure/Plan from the Sampling Company, which cites applicable standards the Sampling Company will use, and/or a rationale that the proposed procedure and plan will ensure the sample is efficiently obtained and each sample is representative of each lot of material. The Contractor shall provide a Quality Control Procedure/Plan from the Testing Company, detailing the procedures that will be used to ensure data reported in the third party Certificate of Analysis is accurate within the standard errors of the proposed procedure(s), the proposed procedure(s) are generally accepted in industry and/or the scientific community as appropriate for generating the data for the material or similar materials, and the data is representative of the sample that is analyzed.

4. Sampling shall be performed at a location within the continental United States of America and subject to approval by the Government. The Sampling Company 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. The Contractor shall be responsible for all costs associated with the transfer of samples between the Sampling Company and the Testing Company. The Testing Company shall perform all tests within the continental United States of America.

5. The Sampling Company shall sample all material by lot. The mass and number of sample increments and the sampling method shall be in accordance with the appropriate International Organization for Standardization (ISO) or American Society for Testing and Materials (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, and then split the aggregate sample into three (3) separate portions: a laboratory sample for subsequent analysis, and two (2) reserve samples. 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.

The sample identification (ID) 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.

6. If the Sampler is also providing the Testing services, the Sampling Company shall be responsible for transfer of the sample to their laboratory. Each of the Producer/Supplier and the COR/other DLA representative will retain one (1) of the two (2) reserve samples.

7. The Testing Company shall conduct analyses/measurements of each laboratory samples of every lot separately, using the standard methods or standard practice in the industry, for chemical, and/or physical, and/or mechanical, and/or electrical/electronic properties listed in Section 6.1 and 6.2 of this SOW.

8. After the analyses/property tests have been completed, the Testing Company shall return the remainder of each laboratory sample to the Contractor who will in turn transfer custody to the COR, less an appropriate portion for archival retention by the Testing Company.

9. The Contractor shall provide the COR with a report from the Sampling Company, summarizing the sampling procedure used. The Contractor shall provide the COR with a separate certificate for each sample performed by the Testing Company for each sample, in English, showing the results of the chemical, physical, mechanical, and/or electrical/electronic properties of each sample. Each certificate shall also contain the Commodity Name, Type of Material, Lot Number, Sample Number, Sampling Date, Sampling Location, Name and Signature of Sampler, Analysis Date, Contract Number, and Name and Signature of Analyst.

10. In all cases, the Government reserves the right to be present and witness the sampling and/or the testing. The Contractor shall advise the Government of the location and date the sampling and/or testing is to begin 10 business days prior to the commencement of the sampling and/or testing.

ATTACHMENT 2

DLA Strategic Materials Depot On-Site Rules

Security: Visiting personnel must comply with all security measures deemed necessary by DLA Strategic Materials.

Environmental, Safety, and Occupational Health: Visiting personnel must comply with all Federal, State, and local regulations relevant to the performance of the work.

1. DLA Strategic Materials’ Environmental, Safety, and Occupational Health Management System

(ESOHMS): Visiting personnel must comply with all aspects of the DLA Strategic Materials’ ESOHMS set forth in the “Orientation Guide for Contractors and Visitors” which will be made available by the COR prior to arrival.

2. Safety Data Sheets (SDS): Visiting personnel who may contact or be in the proximity of the material being sampled must review the pertinent SDS, which provides specific toxicity- and health-related data for the protection of human health and the environment. A copy of the SDS for the material must be made available by the Producer/Supplier prior to arrival.

3. Safety Training / Mishap Reporting: The Producer/Supplier must determine the need for personal protective equipment, and, if such equipment is necessary, must ensure that personnel performing sampling have it and are trained in its use. The COR will advise visiting personnel on how to respond properly to emergency conditions (e.g., fire). Visiting personnel must notify the COR immediately of all injuries, property damage, equipment damage, or vehicle mishaps that occur during the performance of sampling, and must complete and submit a written report of any such incident to the COR to document the occurrence.

4. Transportation: The transportation of samples must comply with all relevant Federal, State, and local regulations, including DoT Hazardous Materials Regulations (49 CFR 170-189) where appropriate. Samples being sent off-site must be labeled with the proper Hazard Communication information, if applicable; and must be accompanied by the SDS.

5. Waste Disposal: All wastes generated from sampling must be disposed of in accordance with all relevant Federal, State, and local regulations.

ATTACHMENT 3

SCOTIA 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

Hard copies of this document may not be the current version. Refer to the “I Am The Key” to verify the current version

Scotia Depot Orientation Guide

INTRODUCTION

DLA Strategic Materials has developed an Environmental, Safety and Occupational Health Management S ystem (ESOHMS) that is based on ISO 14001:2004 - "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

Critical ESOHMS Information for Scotia Depot

EMERGENCY RESPONSE

The Scotia Depot has an Emergency Response Plan. The pages attached provide key contacts for the Scotia Depot. The Emergency Coordinator, is the primary contact for emergencies (518) 370-3347 (office). 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. Clare’s Hospital;

directions and a map to the hospital are attached.

HAZARDOUS MATERIALS STORAGE

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

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.

Scotia 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.

• 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.

Sewer: Scotia Public Works

(518) 393-2159

Verizon Telephone (800) 722-2300 Fire Alarm Services: Alarm & Suppression, Inc.

Voice: (518) 399-5110 Fax: (518) 399-8702

St. Clare’s Hospital (518) 382-2000 Ellis Hospital (518) 243-4000 Radiological/ORPP:

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

EMERGENCY PHONE LISTING

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.

The Scotia telephone system does not require a “9” before calling outside numbers.

Local Emergency Phone Numbers

Fire Department 911

Police Department 911

Ambulance 911

Chain of Command for Emergency Events

1. Call 911 if appropriate.

2. Notify the Emergency Coordinator at: (518) 370-3347

(office), or (518) 858-4099 (cell).

Depot Office (518) 370-3347 Security Guards-Main Gate

(518) 370-3346 Cell: (518) 858-4110

Bomb Disposal and Federal Protective Service

(518) 431-4310 Poison Control Center

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

(Emergency) (800) 424-8802

Gas and Electric: Niagara Mohawk (Emergency) (800) 892-2345

(Power outages) (800) 867-5222

Water: Glenville Public Works

(518) 382-1406

NEAREST EMERGENCY ROOM

The closest Emergency Room to Scotia Depot is at:

St. Clare’s Hospital 700 McClellan Street Schenectady, NY 12304

(518) 382-2000

Directions to hospital:

1. Exit depot and travel 1 block east in Corporations Park.

2. Turn RIGHT (south) on Capital Boulevard

3. Follow Capital Blvd (approx 2/10 mile) to NY Route 5.

4. Turn LEFT onto NY Route 5. Continue to follow NY-5, through Scotia and over the bridge into Schenectady. (3.8 miles)

5. Turn LEFT onto MCCLELLAN ST. (0.6 mile)

6. End at St. Clare’s Hospital.

Total Est. Time: 15 minutes Total Est. Distance: 4.6 miles

Figure 1. Map to Hospital

START indicates Scotia Depot; END indicates St. Clare’s Hospital at 700 McClellan Street.

ABOVEGROUND STORAGE TANK (AST) IDENTIFICATION

AST ID NO. CAPACITY CONTENTS LOCATION

10 560 GALLONS DIESEL FUEL CENTER TANK ON FUEL ISLAND

11 250 GALLONS KEROSENE NORTH TANK ON FUEL ISLAND

20 1 ,000 GALLONS GASOLINE SOUTH TANK ON FUEL ISLAND

I •

II

1-----------,_) \: _r---- --0 1-

NOTES:

1. "S" INDICATES NEW SECURITY CENTER.

2. SYMBOLS FOR ASTS AND TRANSFORMERS

ARE NOT TO SCALE.

403 503 h'----------' L l '--------------' - t_ 1-\ r r

-----' - I l. ..-----1

LEGEND

DNSC PROPERTY LINE

-- -- -----J-=---=----r===== -------1/

23 /

TRANSFORMER LOCATIONS

INSIDE BUILDINGS (APPROXIMATE)

ABOVEGROUND STORAGE TANKS (AST)

STORM SEWER

• MANHOLES

405 505

-- ---- ==;:::.--w... c_ _J L J '---------' ...:====::::;----' = : : I I

CATCH BASINS

INDICATES FLOW OF

STORMWATER DRAINAGE

SPILL KIT LOCATION

- X X-

I

.... _w----------' G

- T l

I/

XREF: P:\742714\CAD\BASE-1.DWG

P:\742714\SCOTIA\CAD\714C001FIGURE2.dwg, 5/13/09

200 100 0 200 400

APPROX. SCALE: 1 "=200'

FIGURE 2

DLA/DNSC SCOTIA DEPOT

SCOTIA. NEW YORK SPCC

PLAN

OIL PRODUCT STORAGE LOCATIONS

PARSONS

290 ELWOOD DAVIS ROAD, SUITE 312. LIVERPOOL. N.Y. 13088, PHONE: 315-451-9560

Attachment B Evaluation Criteria

Tantalum Pentoxide (Ta2O5)

The Government intends to award a fixed price (FP) with economic price adjustment contract for the procurement of tantalum (Ta) concentrate. The basis for the Ta will be tantalum pentoxide (Ta2O5). 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

1) Evaluation Procedures

a. Evaluation factors for Award of the Tantalum Pentoxide (Ta2O5):

i. Factor 1: Technical Acceptability - Technical Acceptability for conformance with the Statement of Work and its attachments.

ii. Factor 2: Past Performance - Recent and Relevant Past Performance within the last 3 Years (at least 3 references).

iii. Factor 3: Price

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

i. A proposal will be considered acceptable if it conforms to the requirements of the

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

Tantalum SP8000-19-R-0004 Evaluation Criteria

ii. An “Unacceptable” rating on Factor 1 (Technical Acceptability) shall render the proposal ineligible for award, or if discussions are held, a proposal found to be “unacceptable for award” (as defined above) will be excluded. Communications will be held with the Contractor where past performance information is a factor preventing their proposal from being determined acceptable.

c. Factor 1: Basis of Evaluation and Submittal Requirements for Technical Acceptability:

i. The offeror must describe the ability to provide 22,046 pounds of contained tantalum pentoxide (Ta2O5) in each period (base and options) in accordance with the specifications in the Statement of Work (SOW). The offeror must also describe the ability to provide the option quantities of not-to-exceed 19,400 pounds of tantalum pentoxide (Ta2O5) in each period in accordance with the Statement of Work.

ii. The offeror must identify the ability to package, label, transport, deliver, and provide sampling and testing of the material in accordance with the SOW.

iii. The Proposal will be evaluated with respect to its toxicity, hazardous characteristics, and environmental liability. The hazard statement of the safety data sheet will be reviewed, and it will be unacceptable if personal protective equipment (PPE) is required beyond coveralls, leather gloves, eye protection, steel-toed boots, a dosimeter, and half-face air purifying respirators using filters that are approved for use in atmospheres containing radionuclides by the National Institute for Occupational Safety and Health (NIOSH). The proposal will also be determined unacceptable if the hazard statement of the safety data sheet and/or the chemical composition indicates the material will cause any accelerated decay of the packaging increasing the likelihood of contamination.

iv. The offeror must provide the following SUBMITTALS WITH PROPOSAL:

• Safety Data Sheet (SDS) for the proposed material - (Ref Attachment G –

Offeror Submittal Pkg)

• Submit Example Certificate of Analysis (COA) for past delivery for the solicited material within the last 3 years. (Ref 6.2.1-6.2.1.4 of the SOW) (Ref Attachment G – Offeror Submittal Pkg)

• Submit Sampling Plan (Ref 6.3.1-6.3.3 of the SOW) (Ref Attachment G – Offeror Submittal Pkg)

• Sampler (Ref Attachment G – Offeror Submittal Pkg)

• Submit Testing plan and qualifications of the Third party company (Ref

6.3.1-6.3.3 of the SOW) (Ref Attachment G – Offeror Submittal Pkg)

• Testing Laboratory (Ref Attachment G – Offeror Submittal Pkg)

• Materials Specification (Ref Attachment G – Offeror Submittal Pkg)

• Material Packaging (Ref Attachment G – Offeror Submittal Pkg)

• Delivery Schedule (Ref Attachment G – Offeror Submittal Pkg)

2. Submit Proof of Conflict Free Status.

3. Submit Expected number of lots of material.

4. Submit Chemical testing from previous lots showing all components over 5%.

ci. 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.

i. Past Performance Questionnaire, evaluations and all other Recent and Relevant Past

Performance information reviewed by the Government (e.g., PPIRS, past performance documents, and information obtained for any other source) reflect a trend of acceptable performance.

ii. Experience providing similar product/services under a similar contract in the last three (3) years. 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. Offerors are instructed to submit up to three

(3) Past Performance Questionnaires that may include performance which is 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.

iii.

In addition to the above, 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.

iv. Past Performance Rating with Definitions Rating Definition Notes

Acceptable

(A)

Performance meets contractual requirements and exceeds many to the Government/User’s benefit. The contractual performance of the element or sub-element assessed is accomplished with few minor problems for which corrective actions taken by the contractor is highly effective.

The Contractor must demonstrate past execution of similar contracts in terms of product quality (chemical compositions and particle size) and delivery time. Additionally, the performance must have occurred during the last three (3) years. The Contractor has demonstrated the ability and willingness to produce a quality product (i.e. the conformance to the chemical composition standards and particle size).

Timeliness of the contract with regard to delivery materials. If either product quality or delivery time is evaluated as “unacceptable,” the Past Performance shall be…