Indium Metal

Questions & Answers / Clarifications

This document provides responses to vendor questions regarding the solicitation for Indium. It clarifies requirements related to packaging, labeling, palletization, past performance, testing, and origin of materials.

• Packaging: Requirements are detailed in SOW Sections II.A.1.b-c and II.F. Containers must be damage and moisture resistant, but specific material or dimensions are not mandated. Offerors should detail their packaging approach in the technical proposal.
• Labeling & Palletization: Specific requirements are outlined in SOW Section II.G (labeling) and II.F.5-6 (palletization).
• Past Performance: FAR Clause 52.12-2 (Attachment 3) details submission requirements. Commercial contracts for refined metals are not considered acceptable past performance. Offerors without relevant past performance may receive a neutral "acceptable" rating.
• Testing & Inspection: Inspections occur for every lot delivered. Testing, sampling, and inspections do not take place at DLA facilities. The government will witness contractor sampling, and an independent third-party lab must be used for testing per SOW Section II.C.
• Origin of Materials: Production facilities must be within CONUS (SOW Section II.B.3). While raw materials can be imported, they must be refined in a CONUS-based facility by the contractor to meet specifications. A partnered supply model is only acceptable if the foreign-sourced material is refined in CONUS facilities.
• Documentation Submission: SDS and COAs must be submitted with the technical approach section. The proposed delivery schedule is due 30 days after contract award, not with the technical approach.

This Q&A document clarifies existing requirements and does not appear to alter key submission deadlines or evaluation factors, but bidders must ensure their proposals address these clarified points.

Forms / Attachments / Pricing Sheets

This document details the contract clauses and provisions that are incorporated by reference or in full text for this solicitation. It outlines the legal and regulatory requirements that will govern any resulting contract.

• Incorporated Clauses: Lists numerous FAR (Federal Acquisition Regulation) and DFARS (Defense Federal Acquisition Regulation Supplement) clauses, covering areas such as:
  • Contract type (Firm-Fixed-Price or FFP with Economic Price Adjustment IDIQ)
  • System for Award Management (SAM) maintenance
  • Safeguarding of covered contractor information systems
  • Prohibition on certain telecommunications equipment and services
  • Small business subcontracting requirements
  • Equal opportunity and labor standards
  • Environmental considerations (e.g., Ozone-Depleting Substances, Sustainable Products)
  • Trade Agreements and Buy American provisions
  • Payment instructions (Wide Area Workflow - WAWF)
  • Hazard warning labels and hazardous material identification
• Full Text Clauses: Includes the full text for specific clauses like:
  • 52.211-16 Variation in Quantity (1% increase/decrease)
  • 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (detailing inspection, payment, termination, warranty, etc.)
  • 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (with numerous checked provisions indicating applicability)
  • 52.216-18 Ordering, 52.216-19 Order Limitations, and 52.216-22 Indefinite Quantity (defining the IDIQ contract structure)
• Solicitation Provisions: Includes provisions related to NIST SP 800-171 DoD Assessment Requirements, ownership or control of the offeror, and representations regarding telecommunications equipment.

Bidders must carefully review all incorporated clauses and provisions to understand their contractual obligations, compliance requirements, and the terms under which the contract will operate. Particular attention should be paid to cybersecurity requirements (NIST SP 800-171), small business subcontracting plans, and any specific material or service requirements detailed within the full-text clauses. The specific checked items within FAR 52.212-5 are critical for understanding applicable statutes and executive orders.

Form / Attachment / Pricing Sheet

This document outlines the CLIN structure and pricing details for the procurement of Indium Metal Ingots and associated third-party testing.

• CLIN 0001 (Indium Metal Ingots):
  • Procurement of 4N Indium Metal Ingots (99.99% Purity).
  • Estimated total quantity: 402,825 KG over three years.
  • Delivery to DLA Strategic Materials Scotia Depot, NY.
  • Pricing Terms: Firm Fixed Price (FFP) or Fixed Price Economic Price Adjustment (EPA).
  • Inspection, Acceptance, and FOB: Destination.
  • Quantity Variance: +/- 1%.
  • Delivery: Within 12 months of delivery order issuance.
  • Packaging and labeling per SOW Sections F, G, H, I.
• CLIN 0002 (Third-Party Testing):
  • Third-party testing of Antimony Metal Ingots as per SOW Sections B & C.
  • Pricing Terms: Firm Fixed Price.
  • Period of Performance: 12 months after delivery order issuance.
• Pricing Tables:
  • Table #1: Estimated quantities per contract year for Indium Metal Ingots.
  • Table #2: Quantity Range Pricing for CLIN 0001, requiring offeror to fill in quantity ranges and unit prices.
  • Table #3: Pricing for CLIN 0002, requiring offeror to propose the number of lots and unit price per lot for each contract year.

This document is crucial for bidders to understand the specific quantities, material requirements, delivery locations, and pricing structures for both the Indium Metal Ingots and the third-party testing services. Bidders must complete the pricing tables (Table #2 and #3) to submit their proposals. It also clarifies that quantities are estimates and subject to variance, and that delivery orders will be firm-fixed price with negotiated EPA. The guaranteed minimum under the IDIQ contract is noted.

Statement of Work (SOW) / Performance Work Statement (PWS)

The objective of this procurement is to establish an indefinite delivery/indefinite quantity (IDIQ) ordering vehicle for the Defense Logistics Agency (DLA) to purchase 4N (99.99%) purity indium metal as needed.

• The contractor will provide management, services, personnel, and documentation for the procurement of indium.

• DLA intends to purchase a maximum of 402,825 kg of indium over a three-year ordering period, with specific maximum quantities per year.

• Material must be 4N purity indium, consistent with ASTM B1002-16 (reapproved 2025) specifications, in ingot form (max 5 kg per ingot).

• Lots must be approximately 1000 kg, contained in wooden crates of approximately 250 kg each.

• Material must be non-radioactive and meet specific impurity limits.

• Sampling: Government will witness sampling operations. Contractor must submit a sampling plan with their proposal and obtain written approval for any changes. Sampling must occur within the Continental United States (CONUS).

• Testing: Contractor must employ an independent, CONUS-based, ISO 17025 certified third-party laboratory for chemical characterization. A testing plan must be submitted for approval. The contractor must provide a Certificate of Analysis (COA) for each lot.

• Certificates of Analysis (COA): COAs must be submitted in PDF format via email for review and acceptance prior to shipment. Each COA must include specific details such as lot number, weight, tests performed, results, specifications, and analyst information.

• Ordering period: Three years.

• Delivery Point: Defense Logistics Agency Strategic Materials Scotia Depot, Scotia, NY.

• Compliance: Adherence to Harmonized Tariff Schedule, Tariff Act of 1930, Trade Act of 1974, and various US Customs and Border Protection forms.

• Packaging: Material must be packaged in damage and moisture-resistant containers with a minimum 20-year lifespan. Ingots must be vacuum-sealed. Pallets must be new, hardwood, and meet specific dimensions and load capacity (ASTM D6199-18a, ISPM 15 compliant).

• Labeling: Containers and pallets must be labeled in English with specific information including commodity name, lot number, weights, origin, producer, and IDIQ/delivery order number.

• Transportation: Contractor is responsible for transport, carrier, and insurance to the delivery point.

• Environmental, Safety, and Occupational Health (ESOH): Compliance with DOT, OSHA, EPA regulations, and GHS for hazard communication. SDS must be provided.

• Inspection and Acceptance: DLA will perform visual inspections. Government reserves the right to sample and test each lot. Acceptance/rejection notification within 30 business days of delivery. Rejected material must be replaced at no cost to the government within 90 calendar days.

Justification for Other Than Full and Open Competition

This document outlines the justification for procuring 4N (99.99%) purity indium metal using other than full and open competition. The Defense Logistics Agency (DLA) intends to award an Indefinite Delivery Indefinite Quantity (IDIQ) contract for this critical material, which will be placed in the National Defense Stockpile (NDS).

• Procurement of 4N purity indium metal.

• Acquisition is for critical material to be placed in the National Defense Stockpile.

• The contract will be a multiple-award, three-year IDIQ contract with a three-year base ordering period.

• Contract type: Fixed Price with Economic Price Adjustment (EPA) IDIQ.

• Estimated value: Not explicitly stated, but referenced as a significant dollar amount.

• The action will be executed as a Request for Proposals (RFP) under FAR Part 12 and Part 15 procedures, utilizing a combined synopsis and solicitation procedure.

• The solicitation will be posted on SAM.gov for approximately two weeks.

• Pricing will be determined fair and reasonable based on comparison with independent government cost estimates (IGCE) or other FAR-outlined methods.

• The justification cites FAR 6.302-3(a)(3)(A) and (b)(1)(iv)(A) as the authority, allowing for non-competitive actions when necessary to maintain domestic production capabilities for critical supplies during national emergencies or for industrial mobilization.

• The procurement will be limited to companies manufacturing indium in the United States or its outlying areas to strengthen the domestic industrial base.

• Market research identified at least two domestic suppliers: Indium Corporation of America and AIM Products LLC.

• The acquisition aims to ensure domestic production capability and provide a steady demand signal to U.S. manufacturers of indium.

• DLA will continue market research to identify additional sources for future acquisitions.