COMPLETE BILATERAL SIGNED CONTRACT PACKAGE for METAL BULLETIN-SP8000-20-P-0004.pdf

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

0085322052

2. CONTRACT NO.

SP8000-20-P-0004

3. AWARD/EFFECTIVE

DATE

2020 JUL 31

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP8000

DLA STRATEGIC MATERIALS

8725 JOHN J KINGMAN ROAD

SUITE 3229 ACQUISITION

FORT BELVOIR VA 22060-6223

USA

Local Admin: DAVID KIM DDK0040 Email: David.Kim@dla.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 511130

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

Net 30 days

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SP8000

SEE BLOCK 9

Criticality: C PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

SP8000816V0

METAL BULLETIN HOLDINGS LLC DBA

American Metal Market 707 Grant St Ste 1340

PITTSBURGH PA 15219-1911

USA

TELEPHONE NO. 2122243692

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA

AA: 97X4555 51BX 8900034 001 2610 89059A7311 S33189 $95000.00

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

$95,000.00

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print)

Jennifer Phillips Jennifer.Phillips@dla.mil

31c. DATE SIGNED

2020 JUL 31

0000-00-00

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV.

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ,

HEREIN IS ACCEPTED AS TO ITEMS:

EDWOSB

IRIBARREN.JENNIFER.ANNE.12291564

Digitally signed by

IRIBARREN.JENNIFER.ANNE.1229156442

Date: 2020.07.31 18:42:04 -04'00'

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

0085322052

2. CONTRACT NO.

SP8000-20-P-0004

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP8000

DLA STRATEGIC MATERIALS

8725 JOHN J KINGMAN ROAD

SUITE 3229 ACQUISITION

FORT BELVOIR VA 22060-6223

USA

Local Admin: DAVID KIM DDK0040 Email: David.Kim@dla.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 511130

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

Net 30 days

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SP8000

SEE BLOCK 9

Criticality: C PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

SP8000816V0

METAL BULLETIN HOLDINGS LLC DBA

American Metal Market 707 Grant St Ste 1340

PITTSBURGH PA 15219-1911

USA

TELEPHONE NO. 2122243692

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA

AA: 97X4555 51BX 8900034 001 2610 89059A7311 S33189 $95000.00

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

$95,000.00

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

0000-00-00

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV.

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ,

HEREIN IS ACCEPTED AS TO ITEMS:

EDWOSB

IRIBARREN.JENNIFER

.ANNE.1229156442

Digitally signed by

IRIBARREN.JENNIFER.ANNE.12291

56442 Date: 2020.07.31 17:51:09 -04'00'

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012)

36. PAYMENT

PARTIAL FINAL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 11 PAGES

SP8000-20-P-0004

1. This acquisition is being issued to establish a firm fixed-price contract to receive two datasets annually from Metal Bulletin. This is to assist the DLA Strategic Materials Directorate of Strategic Planning to acquire vital knowledge of companies and facilities that produce critical and strategic materials across the globe. The services shall be performed in accordance with the Performance Work Statement (PWS).

2. Period of Performance: July 31, 2020 to July 30, 2021 Delivery 1: August 3, 2020 Delivery 2: December 1, 2020

3. Government Points of Contact (GPOC):

Twila White Phone: 571-767-5490 Email: Twila.White@dla.mil

Kevin Jones Phone: 571.767.1909 Email: kevin.j.jones@dla.mil

4. Incorporated FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2019)

5. Invoices and Receiving Reports should be submitted monthly through Wide Area Workflow (WAWF) in accordance with DFARS Clause 252.232-7003, ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) and DFARS Clause

252.232-7006, WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS.

6. All applicable terms and conditions are in accordance with the Fastmarkets-MB order form are included in reference.

7. Severability Clause for incorporation with Metal Bulletin Holdings Corp contract with Defense Logistics Agency for subscription to Fastmarkets-MB company database: full database is included by reference.

PAGE 4 OF 11 PAGES

SUPPLIES/SERVICES: 7610-N00000537

ITEM DESCRIPTION:

Two datasets to be received annually from Metal Bulletin per the Statement of Work.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 7610-N00000537 95,000.000 EA $ 1.00 $ 95,000.00

Books and Pamphlets

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2021 JUL 30

FOB PAYMENT METHOD: CONTRACTOR

PLACE of INSPECTION for SUPPLIES:

SP8000

DLA STRATEGIC MATERIALS

8725 JOHN J KINGMAN ROAD

SUITE 3229 ACQUISITION

FORT BELVOIR VA 22060-6223

USA

PREP FOR DELIVERY:

SP8000

DLA STRATEGIC MATERIALS

8725 JOHN J KINGMAN ROAD

SUITE 3229 ACQUISITION

FORT BELVOIR VA 22060-6223

US

SP8000

DLA STRATEGIC MATERIALS

8725 JOHN J KINGMAN ROAD

SUITE 3229 ACQUISITION

FORT BELVOIR VA 22060-6223

US

SUPPLIES/SERVICES: 7610-N00000537

ITEM DESCRIPTION:

For Option Year 1.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

1001 7610-N00000537 95,000.000 EA $ 1.00 $ 95,000.00

Books and Pamphlets

This line item is an option in accordance with the terms and conditions of the solicitation/award.

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

PAGE 5 OF 11 PAGES

SUPPLY/SERVICE: 7610-N00000537 CONT'D

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2022 AUG 01

FOB PAYMENT METHOD: CONTRACTOR

PREP FOR DELIVERY:

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0085322052 0001 N/A N/A N/A N/A

1001 N/A N/A N/A N/A N/A N/A

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Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx . FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES

A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

Part 12 Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) FAR

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) 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

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7009 LIMITATIONS ON 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 (DEC 2019) DFARS

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (JUN 2020) FAR

252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT

OFFSETS (JUN 2018) DFARS

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2020-O0019) (JUL 2020) FAR

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in --

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 11 PAGES

SP8000-20-P-0004

Part 12 Clauses (CONTINUED) access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

52.222-26 EQUAL OPPORTUNITY (SEP 2016), ALT I (FEB 1999) FAR

Notice: The following terms of this clause are waived for this contract: [ Subparagraph (c)(2), (c)(3), (c)(4), (c)(5)(ii), (c)(6), (c)(8), and the phrase “on-site compliance evaluations and” in (c)(9) . ]

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS

(a) Definitions. As used in this clause- “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

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SP8000-20-P-0004

Part 12 Clauses (CONTINUED)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in

WAWF

Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC

Inspect By DoDAAC Ship To Code

Ship From Code Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC LPO DoDAAC

DCAA Auditor DoDAAC Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA -- BASIC (FEB 2019) DFARS

(a) Definitions. As used in this clause -- “Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 11 PAGES

SP8000-20-P-0004

Part 12 Clauses (CONTINUED) assembly by the Contractor or any subcontractor.

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if --

(i) This contract is a construction contract; or

(ii) The supplies being transported are --

(A) Noncommercial items; or

(B) Commercial items that --

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C.

2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

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SP8000-20-P-0004

Part 12 Clauses (CONTINUED)

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief --

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

* ITEM DESCRIPTION CONTRACT LINE

ITEMS QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall --

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) FAR

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/?q=browsefar DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 11 PAGES

Part 12 Clauses (CONTINUED)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(DEC 2019) DFARS

Attachments

List of Attachments

File Name Description ATTACH_Statement_of_W ork SOW (Metal Bulletin) July

ATTACH_Proposal_Reque sting_DLA_SIgnature 2020 Proposal - Defense

Lo ATTACH_Severability_Clau se

FASTMARKETS -

Severability ATTACH_Additional_Claus es Additional Clauses - Metal

Bulletin - 2020.pdf

FAR 52.222–3 Convict Labor (June 2003) (E.O. 11755);

FAR 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627);

FAR 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513);

FAR 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury);

FAR 52.232‐33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) (31

U.S.C. 3332).

FAR 52.204‐21 ‐ Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Clause)

FAR 52.204‐25 ‐ Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (Aug 2019) (Clause)

DFARS 252.204‐7009 ‐ LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD‐PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (OCT 2016) (Clause)

DFARS 252.204‐7012 ‐ SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019) (Clause)

DFARS 252.204‐7016 ‐ COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019) (Clause)

DFARS 252.204‐7017 ‐ PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019) (Clause)

DFARS 252.204‐7018 ‐ PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (DEC 2019) (Clause)

252.232‐7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) DFARS

As prescribed in 232.7004(b), use the following clause:

(a) Definitions. As used in this clause‐ "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232‐7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall‐

(1) Have a designated electronic business point of contact in the System for Award Management at https:/lwww.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step‐by‐step procedures for self‐ registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web‐Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https:llwawf.eb.mill

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(D WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2‐IN‐1

(Contracting Officer: Insert applicable document type(s).

Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand‐a/one) and "Receiving Report"

(stand‐a/one) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.';

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table• Field Name in WAWF Data to be entered in

WAWF

Pay Official DoDMC SL4701 Issue By DoDMC SP8000 AdminDoDMC SP8000 Inspect By DoDMC Ship To Code Ship From Code Mark For Code Service Approver SP8000 (DoDMC) Service Acceptor (DoDMC) Accept at Other DoDMC LPO DoDMC DCMAuditor DoDMC Other DoDMC(s) ("Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable. 'J

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant backup documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e‐mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

david.kim@dla.mil (Contracting Officer: Insert applicable email addresses or "Not applicable. 'J

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

David Kim, 571‐767‐0346 (Contracting Officer: Insert applicable information or "Not applicable.')

(2) For technical WAWF help, contact the WAWF helpdesk at 866‐618‐5988.

Statement of Work Metal Bulletin

DLA Strategic Materials

8725 John J. Kingman Road, Suite 3229 Fort Belvoir, VA 22060-6221

PURPOSE:

The purpose of this contract is to receive two datasets annually from Metal Bulletin, to assist the DLA Strategic Materials, formerly Defense National Stockpile Center (DNSC), Directorate of Strategic Planning to acquire vital knowledge of companies and facilities that produce critical and strategic materials across the globe. These datasets are inputted into the Strategic Material Analysis & Reporting Topography (SMART) system which aggregates data from various sources to provide DLA Strategic Materials’ analysis the most accurate view of the global supply chain.

BACKGROUND:

This service will be used as an efficient method for adding meaningful data about companies and facilities to the SMART system. Therefore, maximizing the value of the SMART system which aids DLA Strategic Materials’ mission to analyze the global supply chain, understand supply chain risk, foreign ownership issues, and identify sole source producers. Receiving updates to this dataset on a twice per year basis has been determined to provide the best balance between ensuring the data is up to date while not expending limited resourcing importing this dataset too frequently. Each data import into SMART requires several weeks of effort to ensure all the data is properly integrated.

DELIVERABLES:

Receive datasets biannually from Metal Bulletin.

PERIOD OF PERFORMANCE

One Year from Date of Purchase Order Award, with one option year available.

-Base Year: The first dataset to be delivered August 3, 2020; the second dataset is to be delivered December 1st, 2020.

-Option Year One: The first dataset to be projected to be delivered August 2, 2021; the second dataset is to be delivered December 1st, 2021.

QUALITY SURVEILLANCE

The Government Point of Contact shall inspect reports to ensure they are received and that the online services work efficiently, per the conditions of the contract, and as otherwise advertised by the contractor.

INSPECTION/ACCEPTANCE

All reports shall be inspected and accepted by the Government Point of Contact:

Attn: Kevin Jones Kevin.J.Jones@DLA.MIL

8725 John J. Kingman Road, Suite 3229 Fort Belvoir, VA 22060-3221

SEVERABILITY CLAUSE FOR INCORPORATION WITH

FASTMARKETS CONTRACT

WITH

DEFENSE LOGISTICS AGENCY (DLA) STRATEGIC MATERIALS

FOR

SUBSCRIPTION FOR LICENSED MATERIALS, 31 JULY 2020 – 30 JULY 2021

Nothing in this Contract agreement, and applicable terms and conditions, or future amendments to the agreement’s rules and regulations, will be interpreted or executed by either party in any manner that would be inconsistent with United States Federal law or regulations.

If any provision or any part of any provision of these Contract Documents is, for any reason, held to be invalid, unenforceable or contrary to any public policy, law, statute, or regulation, then the remainder of these specifications shall not be affected thereby and shall remain valid and fully enforceable.

All agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid by any competent court, this agreement shall be interpreted as if such valid agreements or covenants were not contained herein.

Sign: _________________________ Sign: __________________________

Print: _________________________ Print: __________________________

Date: ________________________ Date: __________________________

FASTMARKETS Defense Logistics Agency (DLA)

6 8 Bouverie Street 8725 John J. Kingman Road

London EC4Y 8AX Fort Belvoir, VA 22060

IRIBARREN.J

ENNIFER.AN

NE.1229156

Digitally signed by

IRIBARREN.JENNIF

ER.ANNE.1229156

Date: 2020.07.31 18:08:36 -04'00'

1. DELIVERABLES

A bi-annual data feed will be sent to the Defense Logistics Agency. The data will be visible to all SMART users.

1.1 License Fee: Enterprise

1.2 Schedule: Deliver data twice per year. June and December

1.3 Product Coverage

1.4 Core Data:

1. Company Information

a) Facilities

i. Production

ii. Capacity

b) Markets

c) Suppliers

d) Financial Health/Business Risk

2. Material/Commodity Information

a) Manufacturers

b) Mines/Sources or Materials

c) Mine Reserves

i) Aluminum oxide, fused crude Manganese Metal, Electrolytic Fluorspar, acid grade Nickel Fluorspar, metallurgical grade Niobium (Columbium) Manganese ore, chemical and metallurgical grade

Tantalum

Silicon carbide Tin Silicon nitride powder Tungsten Rare Earth Vanadium Palladium Zinc Platinum Ferrochrome Chromium Metal Ferromanganese Cobalt Antimony Indium Graphite (natural) Lithium Quartz crystal (natural) Magnesium Aluminium-Lithium Alloys Beryllium Ore Beryllium Metal Copper-Master Alloys Bismuth Boron Gallium

Iridium Lead Rhenium Tellurium Titanium Sponge Arsenic Metal Titanium Germanium

1.5 Additional Data

1. Mines Projects

a) Project Status (planning, feasibility, construction)

b) Project Details

c) Expected Annual Capacity

d) Start-up Date

e) Tech Suppliers

2. Plant Projects

a) Project Status (planning, feasibility, construction)

b) Project Details

c) Expected Annual Capacity

d) Start-up Date

e) Tech Suppliers

2. DELIVERY SCHEDULE

This will be a one-year contract starting from July 31, 2020 to July 30, 2021. The data will be provided in the same format as 2019, compatible with the US Department of Energy SMART system.

1st Feed – August 3, 2020

2nd Feed—December 1, 2020

3. FEES FOR A ONE YEAR DATA FEED (All prices are quoted in US Dollars)

Numbers of users of SMART: Enterprise (unlimited)

Data: As outlined above (1)

Price: $95,000

I hereby accept the terms and conditions above and wish to activate Fastmarkets to conduct the Scope of Work as outlined above:

Supplier Customer

Name Name

Job Title Job Title

Signature of Acceptance Signature of Acceptance

IRIBARRE

N.JENNIFE

R.ANNE.1

22915644

Digitally signed by

IRIBARREN.JENN

IFER.ANNE.1229

156442 Date:

2020.07.31 18:06:00 -04'00'