Questions-Answers APR.pdf

Questions / Answers DLA Purchase Requisition for Ammonium Perrhenate (APR)

Question 1: Do the volumes listed in the RFP reference rhenium contained weight or total material weight?

Answer 1: Total material weight.

Question 2: Does a supplier need to offer on the full volume in order to be considered and/or is a supplier able to bid on only part of the requirements?

Answer 2: Offers for partial volume will be considered as long as 34% of each of the annual volume estimated amounts are proposed. This information has been added into the solicitation under “Other Acquisition Notes”.

Question 3: The RFP states that potential pricing mechanisms could include Fixed price for initial Delivery Order and negotiated price at each subsequent Delivery Order based on Economic Price Adjustment (EPA) terms with 5-year ordering period (page 2 of Solicitation_FAR_12.6_SP8000-26-R-0010). Can you please elaborate on the EPA and what data would be used to determine the EPA? Would the DLA consider using a commodity price index that aligns with market pricing (i.e. Argus)?

Answer 3: There are several standard Economic Price Adjustment (EPA) clauses in the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) which may potentially serve as mechanisms to perform the desired prospective adjustment of the agreed upon price(s); as an illustrative example refer to FAR 52.216-2 Economic Price Adjustment-Standard Supplies. There is also a procurement note in the DLAD, C09 Economic Price Adjustment – Department of Labor Index (JUN2020), which may also be considered within this acquisition situation. Most of these clauses rely on the use of a third-party index (agreed to by the parties) that trends\tracks the price of the subject item. The parties involved, contractor and Contracting Officer, may agree to incorporate one of the clauses specifying the market trend in the resulting contract. It is noted that DLA would consider a commodity price index that aligns with the market pricing, including adjustments based on changes reflected by a particular trend published by Argus.

Question 4: How far in advance will the government know and communicate its order volumes to the supplier? For example, would the supplier be notified of order volumes for 2027 by the end of 2026?

Answer 4: Order volumes are at the discretion of the government and are subject to availability of appropriated funds and prioritization. What can be said about this is that the delivery timeline requirements can be worked after award, so we can ensure that the timelines for various volumes are amenable to all parties.

Question 5: Would the government consider purchasing on the basis of a minimum and maximum order quantity that is established at the time of contract signing?

Answer 5: The government is only required to meet the guaranteed minimum established under this IDIQ contract.

Question 6: It looks like a different “firm fixed price” be set for each Contract Year. Is that correct?

Answer 6: Correct, unit prices will be established for each contract year.

Question 7: Does a 10% cap apply to the EPA mechanism?

Answer 7: In general, there is a 10% limit on aggregate increases with the Economic Price Adjustment. However, based on the results of negotiations, and upon approval by the chief of the contracting office, the percentage can be modified.

Question 8: Would the government accept validity for less than 180 days?

Answer 8: Proposal validity of 180 days is required.

Question 9: Does all pricing need to be proposed on a fixed basis, or can we tie pricing to an index?

Answer 9: All pricing needs to be proposed on a fixed price basis.

Question 10: If pricing needs to be fixed, then can we propose increasing price annually?

Answer 10: Yes, price increases can be proposed for each contract year.

Question 11: When will a decision be provided on who won the tender?

Answer 11: There is not a set date for IDIQ contract award(s).

Question 12: When will first orders be placed with the supplier for this RFP?

Answer 12: The expectation is the first delivery order will be issued within 48 hours of IDIQ contract award(s)

Question 13: How much material is the government purchasing in total?

Answer 13: Statement of Work (SOW) Section I. C. Scope lists the maximum quantities per contract year. The total maximum for five years is 6,584 kgs.

Question 14: Is the government expecting to see a tiered pricing model based on volumes?

Answer 14: Attachment 1 – Section B, Tables 2 and 3 have quantity ranges for pricing. If the proposed prices are the same regardless of quantity, that should be provided with completion of the proposal.

Question 15: Does DLA allow any price re-negotiation in the event of an extraordinary market disruption under this RFP, or does pricing need to remain firm with no adjustments for extraordinary market conditions?

Answer 15: The government intends to issue firm-fixed price initial Delivery Order and negotiated price at each subsequent Delivery Order based on Economic Price Adjustment (EPA)terms with 5-year ordering period.

Question 16: What is the required lead time from order issuance to shipment? Are there delivery windows that must be met?

Answer 16: Statement of Work (SOW) Section II. I.2. Delivery states, “The Contractor must submit written documentation that identifies the proposed APR delivery schedule for the duration of the contract to the Government within 30 business days of contract award. This material delivery schedule shall include proposed individual delivery dates and the total net weight of each proposed delivery.”

Question 17: Are partial shipments allowed under a delivery order or must each order ship complete?

Answer 17: Statement of Work (SOW) Section II. I.2. Delivery states, “The Contractor must submit written documentation that identifies the proposed APR delivery schedule for the duration of the contract to the Government within 30 business days of contract award. This material delivery schedule shall include proposed individual delivery dates and the total net weight of each proposed delivery.”

Question 18: Does the government anticipate any surge requirements (i.e. accelerated volume requirements on a short notice)?

Answer 18: The quantity and frequency of orders are determined through availability of appropriated funds and prioritization. The delivery order timelines are to be agreed upon at the time of placing a delivery order. At this time, we do not anticipate surge requirements.

Question 19: Will there be discussions after submission but prior to a decision being made?

Answer 19: This is a solicitation for the acquisition of commercial items using FAR Part 12 (Acquisition of Commercial Products and Commercial Services) and FAR Part 15 (Contracting by Negotiation). Negotiations are anticipated prior to award of the IDIQ contract(s).

Question 20: Will there be an opportunity to discuss with the government prior to submission for additional context or questions?

Answer 20: Negotiations are anticipated prior to award of the IDIQ contract(s).

Question 21: Why do the quantity ranges in Table #2: CLIN 0001 (page 2 of Attachment 1 - Section B - Clin Structure_APR.pdf) exceed the maximum estimated quantities in Table 1 (page 1 of Attachment 1 - Section B - Clin Structure_APR.pdf), especially in Year 2 onwards?

Answer 21: The contract year quantities in Table #1 are estimates. The actual amount ordered in a contract year can exceed or be below the quantity in the table. The government is only required to meet the guaranteed minimum established under this IDIQ contract(s).

The overall maximum quantity for all years will not exceed 6,584 kgs.

Question 22: Our third party lab uses glow discharge mass spectrometry (GDMS) for almost all elements. They are ISO certified in ICP-MS but they normally use the GDMS process as they state it’s more accurate. Is it acceptable for our lab to use GDMS method?

Answer 22: GDMS should be fine, the government cannot dictate the testing methods that the labs use unless they are insufficient for the government’s needs. Contractors have to update the testing portion of their proposal/submission.