COMPLETE_AMENDMENT_TO_SOLICITATION_POSTING-9.5.2019.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This Amendment 0001 is hereby incorporated into Solicitation No. SP8000-19-R-0009 and shall become a part of any resultant contract.

1. The reason for this Amendment is to make corrections to Attachment A - Ferroniobium - Statement of Work and Attachment B - Ferroniobium - Evaluation Criteria. Revised copies of these documents are attached as Revised Attachment A - Ferroniobium - Statement of Work and Revised Attachment B - Ferroniobium - Evaluation Criteria.

2. The corrections to the Statement of Work and Evaluation Criteria are continued on pages 2 and 3 of this Amendment 0001.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

DLA Strategic Materials 8725 John J Kingman Road Suite 3229 Acquisition Fort Belvoir, VA 22060-6223

USA

POC: David Kim Telephone: (571)767-0346 david.kim@dla.mil

SP8000-19-R-0009

1 2

08/19/2019

9/5/2019

Solicitation SP8000-19-R-0009 Amendment 0001 SF 30 Page 2

Continued from Page 1 of the SF 30:

Attachment A – Ferroniobium -Statement of Work is revised as follows:

3. In Section 5.2.1, Change From: “…new UN 1A2 compliant steel drums….” Change To:

“…new UN 1A2 certified steel drums….”

4. In Section 5.2.1, the fourth bullet, Change From: “The steel drums’ exteriors shall be hot dipped galvanized or painted with a rust preventive coating.” Change To: “The steel drums’ exteriors and interiors shall be hot dipped galvanized or painted with a rust preventive coating.”

5. In Section 5.2.2, Change From: “5.2.2 Drums 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).” Change To: “5.2.2 Drums shall be placed and banded or shrink wrapped on high-density hardwood pallets with pallet size ranging from 35 x 35 inches to 48 x 48 inches or combination.”

6. In Section 5.2.2, Pallet Design, first bullet, Change From: “All pallets shall be approximately 40 inches deep (front to back) and 48 inches wide (side to side) in size.”

Change To: This bullet is deleted in its entirety, as follows: “All pallets shall be approximately 40 inches deep (front to back) and 48 inches wide (side to side) in size.”

7. In Section 5.2.2, Pallet Construction, bullets four, five and six: Change From:

“Only driven nails that are ‘helically’ threaded, ‘Annularly’ threaded or ‘fluted’ will be acceptable for use in pallet construction. The fastener length shall be sufficient to provide a minimum penetration of 1 ¼ inches into the stringer. The wooden pallets shall be of approximate size 102 x 122 centimeters (40 x 48 inches).

The wooden pallets shall be constructed of high-density hardwood.

The wooden pallets shall be constructed in a four-way, partial, wing, non-reversible configuration with four, full-length stringers and be capable of supporting a minimum weight of 1,500 pounds per square foot.”

Change To:

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

Solicitation SP8000-19-R-0009 Amendment 0001 SF 30 Page 3

Attachment B - Ferroniobium - Evaluation Criteria, is revised as follows:

8. In Factor 1: Technical Requirements, paragraph (1)(c), Packaging, Change From: “The material shall be packaged in new UN 1A2 compliant steel drums with a rated capacity of minimum of 16 gallons (or metric equivalent) or 30 gallons (or metric equivalent) capacity. Refurbished drums will not be acceptable. Drums 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). Please see Attachment A, the Statement of Work, Sections 5.2.1 and 5.2.2.”

Change To: “The material shall be packaged in new UN 1A2 certified steel drums with a rated capacity of minimum of 16 gallons (or metric equivalent) or 30 gallons (or metric equivalent) capacity. Refurbished drums will not be acceptable. Drums shall be placed and banded or shrink wrapped on high-density hardwood pallets with pallet size ranging from 35 x 35 inches to 48 x 48 inches or combination. Please see Revised Attachment A, the Statement of Work, Sections 5.2.1 and 5.2.2.”

9. The closing date for submission of proposals remains September 19, 2019, by 12:00 PM

EDT.

Ferroniobium (FeNb)

Revised ATTACHMENT A - Statement of Work (SOW)

1. BACKGROUND

Niobium is a soft and ductile element commonly found in nature with tantalum, in deposits of a mineral called pyrochlore. Pyrochlore is a mineral that can be easily processed into ferroniobium (FeNb) or niobium pentoxide (Nb2O5). Ferroniobium is most commonly used as an additive to enhance steel strength and as a component in super alloys used in aerospace.

2. SCOPE

Defense Logistics Agency (DLA) Strategic Materials intends to purchase a total of 137 metric tons (MT) of ferroniobium in two grades in FY 2019: 130 MT of Stainless Steel (SS) grade and 7 MT of High Purity (HP) grade.

3. APPLICABLE DOCUMENTS

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

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

b. United Nations Globally Harmonized System of Classification and Labelling of

Chemicals (GHS)

c. American Society for Testing and Materials (ASTM) D3951-18, Standard

Practice for Commercial Packaging, edition of 15 August 2010

d. ASTM A550 - 16, Standard Specification for Ferrocolumbium, edition of

1 October 2010

e. ASTM E367 – 16 Standard Test Methods for Chemical Analysis of Ferroniobium, edition of 1 October 2009

f. ISO 4552-2, Ferroalloys -- Sampling and Sample Preparation for Chemical

Analysis -Part 2: Ferrotitanium, ferromolybdenum, ferrotungsten, ferroniobium, ferrovanadium, first edition of 15 December 1987

g. ISO 3713, Ferroalloys -- Sampling and Preparation of Samples -- General rules, first edition of 15 December 1987

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

4. TECHNICAL REQUIREMENTS

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

4.1. Material Description

4.1.1. The specifications of the two grades, Stainless Steel Grade and High Purity Grade, are listed in Table 1.

Table 1 Chemical Requirements

Element Composition (%)

Stainless Steel Grade High Purity Grade Niobium 60.0 – 70.0 60.0 – 70.0 Carbon, max 0.3 0.10 Silicon, max 3.0 0.40 Aluminum, max 2.0 2.0 Tin, max 0.15 0.02 Phosphorous, max 0.10 0.02 Sulfur, max 0.05 0.02

4.1.2. Per ASTM A550-16, the particle sizes of the both grades shall be the “2 inches by down” with the tolerances defined in Table 2.

Table 2 Particle size and tolerance

Particle size Tolerance 2 inches by down

10% max retained on 2 inches (50 mm) sieve

10% max passing No. 8 (2.5 mm) sieve

4.1.3. 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.

5.1 Certificates of Analysis (COA)

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

5.1.2 The COA is a legal document, which ensures that the materials delivered by the contractor meet the specifications stated in this SOW. The Government will test each lot for compliance with the requirements of this SOW.

5.1.3 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.

5.1.4 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.

5.1.5 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.

5.1.6 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.

5.1.7 The COA and all of the other documents submitted to the Government in this Contract shall be in English.

5.2 Packaging

5.2.1 The material shall be packaged in new UN 1A2 certified steel drums with a rated capacity of minimum of 16 gallons (or metric equivalent) or 30 gallons (or metric equivalent) capacity. Refurbished drums will not be acceptable. The Contractor shall package all material delivered throughout the performance of this SOW in the same size and type (identical in all aspects) of the drum.

The drums shall be new, free of damage, such as, but not limited to, large dents or complete breaks, that affects the longevity of material storage or standard handling ability. All used or damaged drums shall be replaced at the expense of the Contractor.

The steel drums shall have a bolt and ring closure.

The steel drums shall have a synthetic elastomer gasket to prevent the admission of moisture. The chemical resistance of the gasket shall be compatible with the material contained in the drum.

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

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

Upon delivery, the drums shall be intact and shall be free of damage and leaks.

The drums shall be banded or shrink wrapped on the wooden pallets.

5.2.2 Drums shall be placed and banded or shrink wrapped on high-density hardwood pallets with pallet size ranging from 35 x 35 inches to 48 x 48 inches or combination.

Palletizing Requirements:

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

Pallet Design;

All pallets shall be approximately 40 inches deep (front to back) and 48 inches wide (side to side) in size.

All pallets shall contain four (4) full length, solid stringers. One stringer shall be located at each edge (side) and two stringers shall located in the interior of all pallets. Interior stringers shall be spaced 18 1/2 inches (on center) from the outside of each edge (side).

Stringers shall be 1 5/8 inches in width and 3 ½ inches in height.

Segmented, composite and/or block stringers will not be acceptable.

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

All pallets shall contain “top decking” and “bottom decking” boards.

Decking boards shall be six (6) inches in width for the lead boards and

3.5 inches in width for the interior boards. All decking boards shall be ¾ inches in thickness and be solid.

All pallets shall be of a “two way entry” configuration. Pallets may be reversible in design.

All pallets shall have a minimum rated load capacity of greater than 1,000 pounds per square foot.

Pallet Construction;

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

All pallets shall be constructed entirely (except fasteners) of high density hardwood meeting the requirements of paragraph 6 of ASTM D6199-18a. Only high density hardwood species categorized in “Group IV” of ASTM D6199-18a shall be acceptable for pallet construction. The only acceptable high density hardwood species used for pallet construction are; Beech, Birch, Hackberry, Hard Maple, Hickory, Oak (Eastern), Pecan, Rock Elm, American Elm, White Oak and Green Oak. Pallets may be constructed by mixing together or using different high density hardwood species listed above interchangeably.

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

heat treated etc.).

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

5.2.3 A copy of the Safety Data Sheet (SDS), written in English, for the contained material, shall be provided external to the packed material with each lot delivery.

5.3 Labeling

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

a. 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.

c. Ink Used to Print Tags/Labels: 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 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 0.005 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.

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

5.3.3 Information Required on Tag/Label: 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 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.)

i. Government Contract Number

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

5.3.4. 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).

5.3.5 Three tags/labels shall be attached 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.

5.3.6 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 in accordance with those requirements.

5.4 Transportation

5.4.1 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.

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

Environmental, Safety, and Occupational Health (ESOH) Policy of DLA Strategic Materials Attachment F while in storage facilities where stockpile material is stored.

6. TARIFFS

6.1 Exemption of Tariffs: This purchase of FeNb 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 Exemption 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 Hammond Depot 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 (rail “scale” weight capacity is 400,000 lbs. or 181,438 kg, truck “scale” capacity is 100,000 lbs. or 45,359 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 G: DLA Strategic Material Depot On-Site Rules and familiarize themselves with the Hammond Depot, its operations, and safety, Attachment F: 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 180 calendar days after the contract is awarded. Period of performance is within 365 calendar days after contract award.

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 Government will verify each lot for conformance with the SOW. The Contractor has the right to witness any sampling performed by the Government. If the Contractor elects to have a subcontractor witness the sampling, the subcontractor must be approved by the Government prior to acting as a witness to the sampling. 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. If the contractor elects not to witness sampling, Contractor waives their right to challenge the integrity of the sample.

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 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 Contractor has the option to enter into a bilaterally agreed-upon 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.

7.2.6 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.

7.2.7 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.

7.2.8 Delivery Date

The Contractor shall deliver material within 180 calendar days after contract award. Period of performance is within 365 calendar days after contract award.

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

FeNb Ferroniobium

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 Administration

SDS Safety Data Sheet

SOW Statement of Work

S/N Serial Number

US United States

Revised ATTACHMENT B - Ferroniobium - Evaluation Criteria

Solicitation # SP8000-19-R-0009

A. Standard Evaluation Factors for Award

The Government intends to award a firm fixed-price contract for the procurement of ferroniobium (FeNb). The Government reserves the right to award multiple contracts if it proves to be in the best interest of the Government.

The proposals will be evaluated using the Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2 to be determined eligible for award.

They shall be evaluated for acceptability or unacceptability only and shall not be rated. Offerors must be determined to be responsible according to the standards of FAR Subpart 9 to be eligible for award. Award will be based on the lowest evaluated price of the proposal meeting or exceeding the acceptability standards for the non-price factors. Any Offeror who has submitted a technically acceptable proposal and who has been found to have an acceptable or neutral past performance will then have the proposal evaluated for the lowest price.

The Government reserves the right to eliminate from consideration for award all offers that do not meet the minimum requirements of the solicitation, at any time prior to award of the contract.

The Government intends to evaluate proposals and award a contract without discussions. The Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary.

B. Evaluation factors for this Award

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 Requirements

(1) In a document named “Technical Narrative” the offeror must describe its ability to perform the work successfully and have a plan that meets all the requirements set forth in the Statement of Work (SOW). The technical ratings are Acceptable or Unacceptable. The technical approach will be considered unacceptable if any of the following sub-factors are determined unacceptable.

(a) Expertise A proposal must demonstrate that the Offeror has the necessary expertise, experience, facility and other sources to successfully meet all solicitation requirements, including chemical compositions, material structural characteristics, and the ability to produce the product within the required time frame. The Offeror shall be able to demonstrate this capability through product specification sheets, Safety Data Sheets (SDS), examples of Certificates of Analysis (COA), and other related documents.

(b) Product Specification

The Offeror must be able to produce all of the material, defined by Table 1 (Section 4.1.1) and the “2 inches by down” Standard Sizes and Tolerances defined by Table 2 (Section 4.1.2) of the SOW.

(c) Packaging The material shall be packaged in new UN 1A2 certified steel drums with a rated capacity of minimum of 16 gallons (or metric equivalent) or 30 gallons (or metric equivalent) capacity. Refurbished drums will not be acceptable. Drums shall be placed and banded or shrink wrapped on high-density hardwood pallets with pallet size ranging from 35 x 35 inches to 48 x 48 inches or combination. Please see Revised Attachment A, the Statement of Work, Sections 5.2.1 and 5.2.2.

(d) Labeling:

Please explain in a detailed narrative the ability to provide labeling as defined in SOW Section 5.3.

(e) Delivery and Transportation Please explain in a detailed narrative the ability to deliver the material to Hammond Indiana storage facility in accordance with SOW Sections 5.4 and 7.

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

(a) Technical Narrative

(b) Attachment C—Ferroniobium - Past Performance Questionnaire (for at least three (3) relevant customers)

(c) Attachment D—CLIN Structure.

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

(e) Example Certificate of Analysis (COA) for past delivery for the solicited material within the last 3 years.

(f) Delivery Schedule

(g) Expected number of lots of material

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 Contractor Performance Assessment Reporting System (CPARS) 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.

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 a proposal has been determined acceptable under each of the non-price factors listed above, the Government will then evaluate the proposal for the lowest price. The proposal total price - the sum of the total amount for all CLINS between offers that are determined to be technically acceptable will be a determining factor in the selection for award.

All Offerors must offer on the entire requirement (137 metric tons with 2 grades for 1 year). And Offeror(s) may offer on multiple quantities for each of the two grades at multiple prices.