SOLICITATION_POSTING_FOR_FEDBIZOPPS_(8.19.2019).pdf

Combined Synopsis/Solicitation Ferroniobium

SP8000-19-R-0009

SOLICITATION INFORMATION:

1) This is a combined synopsis/solicitation for the acquisition of commercial items 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-0009. 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 Firm-Fixed price contract, using a Standard Form (SF) 1449 as the award document for the contract.

3) This notice incorporates provisions and clauses in effect through: (a) Federal Acquisition

Circular FAC 2019-05, effective August 13, 2019; (b) Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20190809, effective August 9, 2019; (c) Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 19-04 through 12.

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

https://www.acquisition.gov/browse/index/far;

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.htm; and https://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 9640 – Iron and Steel Primary & Semifinished.

5) The requirement is for the purchase of a total of 137 metric tons (MT) of ferroniobium in two grades. DLA Strategic Materials intends to purchase 130 MT of Stainless Steel (SS) grade and 7 MT of High Purity (HP) grade. See Attachment A – Statement of Work for additional information and specifications. The contractor shall deliver material to the Government Storage Depot within 180 calendar days after contract award. The Period of Performance is within 365 calendar days after contract award.

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

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 (weight capacity 4,000,000 lbs. or 1,800,100 kg).

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

8) The provision at 52.212-2, Evaluation--Commercial Items, applies; the only evaluation factors are: Technical Requirements, Recent and Relevant Past Performance (at least 3 references), and Price.

9) A completed copy of FAR 52.213-3 Offeror Representations and Certifications-Commercial Items and fill-ins from Attachment E – Ferroniobium – Provisions & Clauses_FINAL shall be submitted with your proposal if not available through SAM at https://www.sam.gov.

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

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

12) Payment Terms: Net 30

13) 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 August 19, 2019.

If you intend to submit a proposal, please ensure that you provide all required submittals and complete all applicable fill-in provisions/clauses in Attachment E – Ferroniobium – Provisions & Clauses_FINAL in accordance with the Combined Synopsis/Solicitation, including signatures where applicable.

2) A telephonic pre-proposal conference is scheduled for September 5, 2019, 10:00 am - 11:00 am EDT. Please submit your attendance request to SMContracting@dla.mil with Solicitation SP8000-19-R-0009: FeNb Pre-Proposal Participation Request in the subject line, by September 4, 2019, 2:00 pm EDT, 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) Submit your proposal in three (3) 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. The price proposal shall be submitted using Attachment D – Ferroniobium - CLIN Structure; please propose a contained unit price for each CLIN.

5) The solicitation closes September 19, 2019, at 12:00 pm EDT. Submit your proposal to

SMContracting@dla.mil with solicitation number SP8000-19-R-0009: Proposal in the Subject line. Offerors are strongly encouraged to confirm receipt of their proposals after submission. Proposals submitted via US mail will not be accepted.

6) Please submit all questions in writing to david.kim@dla.mil Attn: David Kim and jennifer.phillips@dla.mil, by 2:00 pm EDT August 30, 2019. All responses to the questions will be posted on http://fbo.gov by September 9, 2019.

PRICING STRUCTURE

See attached CLIN structure in Attachment D.

SUBMIT WITH TECHNICAL PROPOSAL:

1. Technical Narrative

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

3. Attachment D—CLIN Structure

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

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

6. Delivery Schedule

7. Expected number of lots of material

RETAIN FOR INFORMATION:

Attachment A – Ferroniobium Statement of Work Attachment B – Ferroniobium - Evaluation Criteria Attachment E – Ferroniobium - Provisions & Clauses Attachment F – Hammond Orientation Guide 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:

David Kim Contract Specialist Phone: 571-767-0346 Email: david.kim@dla.mil

Secondary Point of Contact:

Jennifer Phillips Contracting Officer Phone: 571-767-6954 Email: jennifer.phillips@dla.mil

ATTACHMENTS

Attachment A - Ferroniobium Statement of Work Attachment B – Ferroniobium – Evaluation Criteria Attachment C – Ferroniobium - Past Performance Questionnaire Attachment D – Ferroniobium - CLIN Structure Attachment E – Ferroniobium - Provisions & Clauses Attachment F - Hammond Orientation Guide Attachment G – DLA Strategic Materials Depot On-Site Rules

Ferroniobium (FeNb)

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 Admiration (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 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. 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 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/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).

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 interchangeability.

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. 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.

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 II 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 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 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

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 - Ferroniobium Acquisition Evaluation Criteria

Solicitation # SP8000-19-R-0009

A. Standard Evaluation Factors for Award

The Government intends to award a fixed price (FP) 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 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.

(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 Section 5.4.

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

(a) Technical Narrative

(b) Attachment C—Ferroniobium - Past Performance Questionnaire-FINAL (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.

Ferroniobium (FeNb) - Solicitation # SP8000-19-R-0009

ATTACHMENT C - Past Performance Questionnaire

This questionnaire is designed to provide basic information regarding to the Contractor’s past performance on the contracts they have been awarded and your satisfaction with their performance.

Please send this Questionnaire back to: David Kim, Ferroniobium Program, Defense Logistics Agency Strategic Materials, 8725 John J. Kingman Road, Suite 3229, Ft Belvoir, VA 22060

The Contractor/Manufacturer (name and address): ___________________________________

Company completing questionnaire: ______________________________________________

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):

Please provide a contract number if the review pertains to a Government contract:

Rating Definition Notes

(E) Exceptional 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.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/User. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government/User’s benefit. The contractual performance of the element or sub-element assessed is accomplished with some minor problems for which corrective actions taken by the contractor are effective.

A Very Good rating is appropriate when the Contractor successfully performs a significant event that is a benefit to the Government/User.

There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or are satisfactory.

A Satisfactory rating is appropriate when there are only minor problems, or major problems that the contractor recovers from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or are not fully implemented.

A Marginal is appropriate when a significant event occurs that the contractor has trouble overcoming which impacts the Government/User.

(U) Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or are ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occur that the contractor has trouble overcoming and which impacts the Government/User. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable No information or do not apply Rating is neither positive nor negative.

When answering these questions, please consider your past experiences with the manufacturer and the products you have received from this manufacturer.

1. Have you received the following materials from the manufacturer: Ferro Niobium (FeNb)?

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 that you procured these materials under.

3. Please indicate the intended end use or application area of the material (for example:

commercial, defense, steelmaking, super alloy, etc.)

4. How did these materials meet your technical/quality requirements for the above mentioned applications?

Please circle a rating: E VG S M U N Please add additional comments below if necessary.

5. Have you independently conducted or asked a third party to conduct technical/quality tests for the material?

Please check a box: ☐ Yes ☐ No

If yes, could you briefly compare the results from your or third party tests to those provided by the manufacturer?

6. How was the manufacturer responsive to requests for material?

7. How was the manufacturer responsive to issues with material quality/delivery?

8. Were the prices of the manufacturer’s materials reasonable and competitive?

9. Would you work with/purchase material from this manufacturer again?

Please check a box: ☐ Yes ☐ No

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

Date questionnaire was completed:

Attachment D Contract Line Item Number (CLIN) Schedule

Ferroniobium (FeNb)

Item NO Supplies / Services Quantity Unit Unit Price Amount

0001 High-Purity Grade 7 Metric Tons $__________ _______

Base Period proposed price of High-Purity Grade as defined in paragraph 4.1.1 of the SOW. The price of the material shall reflect the costs of the material, packaging, and transportation to the point of Government acceptance. Delivery must be made within 180 days of contract award. Period of performance is within 365 days of contract award.

Firm Fixed Price

Item NO Supplies / Services Quantity Unit Unit Price Amount

0002 Stainless Steel Grade 130 Metric Tons $__________ _______

Base Period proposed price of Stainless Steel Grade as defined in paragraph 4.1.1 of the SOW. The price of the material shall reflect the costs of the material, packaging, and transportation to the point of Government acceptance. Delivery must be made within 180 days of contract award. Period of performance is within 365 days of contract award.

Firm Fixed Price

SOLICITATION SP800019R0009

ATTACHMENT E Provisions and Clauses

SOLICITATION SP800019R0009 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 52.211-17, 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)

FAR 52.253-1, COMPUTER GENERATED FORMS (JAN 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

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

(DEC 2018)

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 [0.25%]

Percent decrease [0.25%]

This increase or decrease shall apply to CLINs [0001 and 0002].

FAR 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 (Aug 2019)

(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) 52.203-19, 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 successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 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).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Jan 2017) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(37) 52.223-12,…