Performance Work Statement Attachment A.pdf

Bulk Material Sampling and Analytical Laboratory Services

PERFORMANCE WORK STATEMENT

1. INTRODUCTION

The Department of Defense – Defense Logistics Agency – Strategic Materials (government) has a need for independent third-party bulk commodity sampling and analytical laboratory services to verify chemical and physical properties of material in or entering the National Defense Stockpile.

2. BACKGROUND

The government acquires materials for the National Defense Stockpile (Stockpile), per the Strategic and Critical Materials Stock Piling Act of 1939, 50 USC § 98, as amended.

The government stores these materials in bulk for long periods, sometimes several decades.

Each material is unique in nature – material form, quantity, lot size, packaging, storage requirements, special handling requirements, etc. Depending on the form of the material – metallic flake, lumps, metallic ingots, coarse and fine powders, rods, blocks, and sheets, etc., the government may store the material in bulk piles, drums, supersacks, crates, stacked on pallets, etc.

Some materials may require special storage situations. Examples of special storage situations are climate-controlled areas, sealed containment under artificial atmosphere, and compartmentalized areas in consideration of safety based on the material properties and potentially hazardous impurities.

The government’s storage locations are depots located in Scotia, New York; Hammond, Indiana; Hawthorne, Nevada; and Point Pleasant, West Virginia. There may be situations where the government stores material at a commercial location within the Continental United States (CONUS).

The government’s acquisition contracts with material vendors often require the government to accept (or reject) material within a 90-calendar day window from when the material vendor makes the material available for analysis.

The certificates of analysis/analytical reports (COAs) that represent the material held in the stockpile must have impeccable veracity.

3. OBJECTIVE

The purpose of this contract is to obtain representative bulk sampling and specification analysis/verification testing services so that the government may make timely acceptance decisions based on independently generated COAs and present reliable documentation of the material if or when the material exits the stockpile.

4. SCOPE OF WORK

The contractor shall perform bulk sampling services of material in, or about to enter, the government’s Stockpile. The contractor shall perform physical and chemical property analytical testing of the material for conformance to the government’s specifications and other government requirements.

Typically, the government will not know the material lot size, number of containers per lot, quantity of material in each container, number of lots per shipment, number of shipments per month until one (1) month before the material vendor begins delivery of material to the government.

Each request for services under this Indefinite Delivery Indefinite Quantity (IDIQ) contract will be issued as a Task Order (TO). Each TO will specify the material, sampling location, expected timeframe, period of performance (POP), and whether analytical testing is required. Sampling may take place at a government location or prior to delivery at a material vendor or their upstream processing location.

If analytical testing is included in the task order, the contactor shall take representative samples, perform the analysis, and deliver COAs to the government on numerous lots within eighty (80) calendar days of the government’s request for the contractor’s services, allowing the government a minimum of ten (10) calendar days to determine whether the material is acceptable or not, based on the COAs from the contractor. See Table 1.

Table 1: Timeline

4.1. Subject Materials

4.1.1. The government anticipates the following types of materials will be within the scope of this PWS:

A. Germanium B. Silicon C. Scandium D. Cobalt E. Manganese F. Magnesium G. Nickel H. Lithium

I. Graphite J. Rare Earths/Lanthanides K. Fluorspar L. Tantalum M. Titanium N. Magnet Block O. Grain Oriented Electrical Steel (GOES)

This list is not definitive; some materials may not be acquired and there may be additions/substitutions depending on the needs of the government. Any additions to the materials listed and/or the testing requirements will be made via contract modification.

4.1.2. The contractor shall have experience sampling bulk materials in various forms, including at a minimum, but not limited to, metallic flake, lumps, metallic ingots, coarse and fine powders, rods, blocks, and sheets, as applicable.

4.2. Sampling Operations at Government Depot Locations

4.2.1. Within seven (7) calendar days of issuing a task order, the contractor shall develop and submit to the Contracting Officer’s Representative (COR), a material sampling plan including particle size analysis if required, such that the contractor, sampling personnel, travel, and contractor-needed equipment will be arranged to commence sampling operations and potential subsequent verification testing within thirty (30) calendar days of the government’s request for services.

4.2.2. The government will advise the contractor of acceptance or rejection of the sampling plan within seven (7) calendar days of receipt of the sampling plan.

4.2.3. The contractor shall coordinate with the COR for mutually acceptable dates for the sampling to take place. The contractor shall advise the COR of their intent to begin sampling operations at the depot ten (10) calendar days before the contractor’s requested start date for sampling.

4.2.4. The Contractor’s sampling plan submitted for each TO shall include all aspects of performing sampling operations, including but not limited to:

A. National, international, or industry sampling standards B. Personnel travel plans C. Equipment needed for the work, specifying whether any equipment is expected to be on-site for the sampling operator’s use D. Consumables needed for the work (e.g., bags, seals, gloves, etc.)

E. General layout of equipment F. Sampling area requirements, including sampling flow in and out of the area G. Overall floorspace requirements

H. Specific support infrastructure needed at sampling location (electricity, water, etc.)

I. Contractor equipment storage requirements J. Number of contractor’s technicians needed during sampling operations at government site K. Number of samples required and the basis for that number of samples L. Sample recovery process, basis for that method M. Sample splitting methodology N. Estimated duration of the sampling operations and estimated sample size including the number of days likely to be on-site for sampling, number of hours on days of sampling, suggestions on how to minimize the number of days at the Depot / travel cost

O. Particle size analysis technique, if required or applicable P. Sample pulverization, if required or applicable Q. Post sampling clean-up prior to exiting the site R. Relevant standards/tests used to develop the plan and how the plan will satisfy the sampling requirements of those tests S. Hazardous and non-hazardous materials handling and disposal and safety (personnel, property, environment, etc.) practices

4.2.5. The contractor’s sampling operations and verification testing services shall be independent in nature. Neither the government nor the material vendor will have influence on the contractor’s decisions and methods in the contractor’s performance of this contract, unless specifically stated in the task order. This requirement of independence does not preclude the contractor from collaborating with the government and the material vendor to facilitate the contractor’s performance under this contract.

4.2.6. The contractor shall have experience using sampling techniques and operations that are compliant with ASTM International and International Organization for Standardization (ISO) bulk sampling standards or accepted standards for sampling in the associated material industry.

4.2.7. The contractor shall have an established reputation for experience and excellence in bulk sampling and/or material analysis.

4.2.8. The contractor shall sample material in accordance with the approved sampling plan.

4.2.9. The contractor shall open containers in a manner that does not damage the container or the function of the container.

4.2.10. The contractor shall reseal/re-close each opened container such that the container is returned to its original configuration and function, including any tamper-proof seals and atmosphere or as specified in the task order.

4.2.11. For containerized material, the contractor shall use an indelible means (e.g., paint stick) to label each opened container “S” followed by the date (MM/DD/YYYY), or as advised by depot personnel. The contractor shall ensure the indelible marking is large enough for a person with average vision to see at 15 feet without vision enhancements other than corrective eyewear lenses.

4.2.12. The contractor shall have expert ability and experience in determining particle size, both in processus and with a collected sample. The task order will specify if particle size analysis and verification to the material order specifications are required. If particle size analysis in processus is indicated, the contractor shall perform the analysis and verification for each lot at the time of sampling operations. If sampling is not done in processus, the contractor shall perform particle size analysis in their laboratory.

4.2.13. Samples will be equivalent, representative, and correlated to the lot of material from which it was taken. All lots will be sampled as agreed in the sampling plan. Multiple samples may be required per lot; samples will not contain material from more than one lot.

4.2.14. A “sample” will be comprised of an analytical sample, laboratory reserve sample, and a government sample. If a sample splitter is used that produces 4 samples, the 4th sample will be packaged individually and the government sample will contain 2 packages.

4.2.15. The contractor shall document and maintain chain of custody of the representative samples.

4.2.16. If the task order specifies sampling and analysis, the contractor shall provide the government samples to the designated government POC and maintain chain of custody of the contractor’s analytical and reserve samples through government acceptance of the COA.

4.2.17. If the task order specifies only sampling, the contractor shall provide all samples to the designated government POC.

4.2.18. The contractor shall comply with 5. ENVIRONMENTAL AND SAFETY of this PWS during all contractor operations at the government depot.

4.2.19. The contractor shall comply with direction by government depot personnel including logistics and safety instructions (e.g., designated staging area(s), safety/security, etc.), that does not compromise the independent nature of the contractor’s sampling operations. The government reserves the right to demand the contractor cease activities at the government location at any time due to safety, security, or other urgent government requirements.

4.2.20. The contractor shall minimize their dependence on-site personnel in sampling operations while minimizing damage to the integrity of the material.

4.2.21. The contractor shall supply all personnel and equipment (including fork trucks and fuel, if needed) to perform sampling operations. Government support is outlined in 4.17 On-site Government Support; the contractor shall not depend on the government personnel to perform any part of the sampling processes. Any further support needed must be outlined in the sampling plan.

4.2.22. The contractor shall leave the sampling site in the same condition as found, taking care to remove all contractor’s equipment or belongings, walk the site with the site personnel pointing out any damage or evidence left from usage or any alterations, and dispose of any waste produced while on site.

4.2.23. The deadlines outlined in this section prevail for all sampling unless otherwise specified in the task order.

4.2.24. The contractor shall notify the Government of their intent to dispose of the reserve sample and/or any remaining analytical sample. The government may elect to retrieve the reserve sample and/or the remainder of the analytical sample. In the event the Government elects to retrieve samples before the contractor disposes of them, the Government will advise the contractor of this intent within 10 (ten) calendar days from the time the contractor advises the Government of their intent to dispose of the samples. The Government will be responsible for costs associated with sample retrieval. If the Government does not elect to retrieve the reserve sample and/or the remainder of the analytical sample, the contractor shall dispose of those samples in compliance with all federal, state, and local laws and regulations.

4.3. Sampling Operations at Material Vendor or Commercial Locations:

4.3.1. The government may require the contractor to conduct sampling operations at a location other than a government depot, such as the material vendor’s location, or an upstream point in the material vendor’s process (commercial location). Upstream sampling is typically before the material vendor’s delivery to the government such as during a repackaging process, at railcar or truck loading, at the furnace output of ingots, etc.). The contractor’s sampling plan must specify what, if any, support they would need from the material vendor.

4.3.2. All provisions of 4.2 Sampling Operations at Government Depot Locations apply to sampling at material vendor or commercial locations, except as modified below.

4.3.3. When the government requires sampling at a material vendor or commercial location, the contractor shall collaborate with both the government and the material vendor in developing a schedule and logistics for the sampling plan that is acceptable to the government, the material vendor, and the contractor. The contractor’s collaboration efforts may include teleconferences or video conferences with the government and the material vendor. These conferences are at the contractor’s expense.

4.3.4. If the government determines a planning site visit to the material vendor or commercial location is necessary, the contractor shall attend the joint sampling planning meeting. The government, material vendor, and the contractor shall determine a mutually agreeable schedule for the joint meeting. Only CONUS travel by the contractor is acceptable. Travel will be in accordance with 4.16 Contractor Travel.

4.3.5. The contractor shall agree to a sampling schedule that is acceptable to the government, the material vendor, and the contractor.

4.3.6. When the contractor’s sampling operations take place at a material vendor location or a commercial location, the contractor shall provide all personnel and equipment necessary for the contractor to perform sampling operations or upstream sampling operations. The contractor shall not depend on the material vendor’s personnel to perform any part of the sampling processes, except as agreed in the planning sessions and documented in the approved sampling plan.

4.3.7. The sampling plan, including in processus particle size analysis if required, as described in Section 4.2.4 shall be submitted to the COR within seven (7) calendar days of the conclusion of the final joint sampling planning meeting.

4.3.8. The government will advise the contractor of acceptance or rejection of the sampling plan within seven (7) calendar days of receipt of the sampling plan.

4.3.9. The contractor shall advise the COR of their intent to begin sampling operations at a commercial location or upstream sampling operations at the material vendor location a minimum of ten (10) calendar days before the contractor’s requested start date for sampling.

4.3.10. The contractor shall act in a professional manner while on a third party’s site and abide by all aspects of environmental and safety practices incorporated into the award plus any requirements the material vendor and/or commercial location warrants or imposes.

4.3.11. The contractor shall secure all samples in a tamper-proof manner. The contractor shall secure the government’s sample for travel with the material during the material vendor’s shipment to the government as required in the task order. The contractor shall either:

A. provide the analytical and reserve samples to the POC designated in the Task Order, or

B. retain custody of the analytical and reserve samples at the contractor’s laboratory through government acceptance of the COA.

4.4. Analytical Testing

4.4.1. For each TO where analytical testing is required, the contractor shall perform the analysis at their CONUS laboratory for chemical and physical properties for each sample taken to validate the material specifications and deliver a COA for each sample group.

4.4.2. The contractor’s laboratory will be ISO certified and American Association for Laboratory Accreditation (A2LA) accredited, as follows:

4.4.3. The contractor shall be certified in ISO 17025 through A2LA with the following specific certifications, at a minimum: sample preparation for mineral ore, limestone, ferro-alloys (falling within the A2LA P112 Flexible Scope Policy); Inductively Coupled Plasma (ICP) for Al, Ag, As, B, Ba, Bi, Ca, Cd, Ce, Co, Cr, Cu, Fe, K, La, Li, Mg, Mn, Mo, Na, Nb, Ni, P, Pb, Sb, Se, Si, Sn, Sr, Ta, Ti, V, W, Zn (falling within the A2LA P112 Flexible Scope Policy); combustion analysis for C, N, O, S (falling within the A2LA P112 Flexible Scope Policy); Wavelength-Dispersive X-Ray Fluorescence analysis for Al, Ca, Cr, Co, Cu, Fe, Mn, Mo, Na, Nb, Ni, P, S, Si, Ti, V (falling within the A2LA P112 Flexible Scope Policy);

gravimetric precipitation analysis for CaF2, Mo, Nb, S, SiO2; volumetric analysis for B, Ca, Cr, Fe, Metallic Fe, Mg, Mn, Ni, Ti, V; gas evolution for CO2 and; miscellaneous gravimetric analysis for sieve testing, Loss on Ignition, moisture at 105oC.

4.4.4. The contractor shall be ISO (International Organization for Standardization) 17025 certified in both elemental analysis and metallurgical analysis, National Aerospace and Defense Contractors Accreditation Program (NADCAP) accredited, American Society of Mechanical Engineers – Nuclear Facility Applications Quality Assurance compliant (ASME-NQA-1), American National Standards Institute National Accreditation Board (ANAB) certified, and be International Traffic in Arms Regulations (ITAR) compliant.

4.4.5. The contractor shall have an established reputation for excellence in laboratory analytical services of REE and Rare Earth Oxides (“REOs”), battery materials (graphite, light element cations, and transition metal systems), and other specialized analytical laboratory services (i.e., Time Temperature Transformation (“TTT”), thermogravimetric analysis coupled with infrared spectroscopy, instrumental gas analysis (“IGA”), Raman spectroscopy, glow discharge mass spectrometry (“GDMS”)).

4.4.6. The contractor shall have expert ability and experience in analytical chemistry techniques and methods, and method development in wet chemistry (i.e., sample preparation and digestion, titration, reagent preparation, bench chromatography, glovebox work, etc.), vibrational spectroscopy (FTIR, Raman spectroscopy), instrumental gas analysis (IGA), and instrumentational analysis.

4.4.7. The contractor shall have expert ability and experience in clean pulverization capabilities; laboratory sample preparation and digestion;

titration; and reagent preparation.

4.4.8. The contractor shall have expert ability and experience in instrumental analysis, including elemental Inductively Coupled Plasma Optical Emission Spectroscopy/Atomic Emission Spectroscopy, ICP-Mass Spectrometry, and inert gas fusion and combustion analysis (especially using LECO™ instruments), glow discharge mass spectrometry (GDMS), x-ray diffraction (XRD) and x-ray reflectivity (XRR)

4.4.9. In cases where in particle size analysis was not performed during sampling operations, the contractor shall use their expert ability and experience to determine particle size analysis in their laboratory.

4.4.10. The contractor shall perform the analysis to determine and document the physical and chemical properties to the degree of precision indicated by the requirements specified in the task order.

4.5. Certificates of Analysis/Analytical Reports

4.5.1. For each task order where analysis is required, the contractor shall deliver a COA for each sample. Each COA shall include the following, at a minimum:

A. Lot number and government-assigned K-numbers if present. This should match the description used in the sample’s chain of custody, B. Weight and number of containers to which the COA applies, C. Dimensional information of the material, if applicable, D. List of the tests performed and/or methodology applied, E. Numerical results and qualitative results (as applicable) for physical and chemical properties, F. Error ranges/limits for results – optional only if the ranges are specified in the testing standard and/or the contractor’s technical proposal, G. The Government’s specifications/requirements, H. Name of the company performing the tests and the laboratory location where the tests were performed. If the laboratory work is subcontracted, both firms’ information may be on the COA, I. Date or range of dates each analysis is performed, and J. Printed name and signature of analyst.

4.5.2. The contractor shall include with the COAs the standards and brief descriptions of methodology(s) they used for each test.

4.5.3. The COA and all other documents shall be in English.

4.5.4. The contractor shall deliver the COAs for each sample to the government within twenty-one (21) calendar days, or as indicated in the TO, after the contractor collects/receives the sample.

4.5.5. The contractor shall send COAs in PDF format as an email attachment to the COR for review. Each COA shall be sent in a separate email with a subject line that includes the identifying information for the sample.

4.5.6. The government will review each COA to determine acceptability and conformance with the requirements stated in the TO. The COR will notify the Contractor of the acceptability/unacceptability of each COA within seven (7) calendar days after receipt of each COA.

4.5.7. The government will review the COAs received for each TO to ensure all expected COAs have been received.

4.5.8. The contractor shall submit with their proposal an actual and recent (within the last 12 months) COA they delivered to a customer. The majority of the data reported in the example COA submission must have been generated by the contractor in their laboratory and/or by the contractor’s personnel. The COA shall be on the contractor’s letterhead.

As applicable, the contractor should redact their example COA submission in a manner that protects the contractor’s agreement with their customers. This example COA submission does not need to comply with Section 4.5.1.; however, upon award, the contractor’s COA deliverables to the government shall comply with Section 4.5.1. of this

PWS.

4.6. Performance Management

4.6.1. The prime contractor shall have an established reputation for both representative sample collection and analytical laboratory capabilities in-house that demonstrates their ability to manage the sampling and analysis continuum in the timely production of a COA. The contractor shall describe in their proposal their in-house capabilities and the connection between obtaining a representative sample and the veracity their COAs.

4.6.2. The contractor shall describe in their proposal their ability, procedures and controls in managing sampling and analysis in accordance with the quality requirement in Section 2 BACKGROUND, objective in Section 3 OBJECTIVE, and within the timeline outlined in Section 4 SCOPE OF

WORK.

4.6.3. The contractor shall be resilient and responsive if the government changes material delivery schedules or the material vendor changes lot size, quantity of material in each container, or number of containers per lot.

4.6.4. In situations where the government has both physical and legal custody of a material, the government may be more flexible in scheduling and more generous in deadline requirements for sampling and analytical verification testing. This will be specified in the task order.

4.6.5. If the contractor shall perform on multiple task orders with simultaneous periods of performance, the contractor shall develop, maintain, and follow a comprehensive IMP and IMS that ensures all requirements are fulfilled. The contractor shall submit the IMP and IMS within two (2) business days upon request by the COR or KO.

4.6.6. Monthly Status Reports

4.6.6.1. The contractor shall submit written monthly reports detailing the status of the services. Reports shall contain information or discussion of each task order’s status, including but not limited to programmatic and financial progress, and risks, and any risks or concerns about execution of the workload at a task order or aggregate level.

4.6.6.2. These reports shall coincide with invoice submission and shall be uploaded as attachments to the invoice in Procurement Integrated Enterprise Environment (PIEE)/Wide Area Workflow (WAWF).

4.6.6.3. When billing for sampling costs, including travel and other direct costs, the contractor shall indicate the lot numbers associated with the costs.

4.6.7. Key Personnel

4.6.7.1. The contractor shall designate a contract manager who shall have full authority to act for the contractor on all matters relating to this contract and shall be responsible for the performance of the PWS requirements.

The contractor shall also designate an alternate to the contract manager. The contractor shall submit with their proposal, the contract manager’s and alternate’s resumes demonstrating relevant experience in both bulk sampling and laboratory analysis/management. If there will be a change in key personnel, the contractor must notify the government and submit the incoming individual's resume at least thirty

(30) calendar days in advance.

4.6.7.2. The contractor shall provide the contract manager and alternate’s name and contact information (including their best telephone number) to the KO and COR in writing within seven (7) calendar days after contract award.

4.6.8. Standard Operating Procedure (SOP)

4.6.8.1. The contractor shall develop and submit via email an SOP for performance of each activity within this PWS. Contractor shall comply with their SOP.

4.6.8.2. The contractor’s SOP shall include an accident prevention plan, a site-specific hazard analysis, an accident hazard analysis, and the QAP described in 4.11 Quality Assurance.

4.6.8.3. The contractor shall submit the SOP to the KO/COR within seven (7) calendar days of contract award.

4.6.8.4. The contractor shall submit all proposed changes to the SOP and any plans contained therein to the KO/COR in writing. The KO will provide approval/disapproval of the SOP to the contractor within seven (7) calendar days of receipt. The contractor shall not implement any changes to the SOP prior to KO approval.

4.7. Transportation

4.7.1. The Contractor shall be responsible for transportation of the samples as specified in the task order. Transportation shall comply with all relevant federal, state, and local laws, including the Department of Transportation Hazardous Materials Regulations (49 CFR 170-189) where appropriate.

Safety Data Sheets (SDS) documentation is included in shipping requirements.

4.8. Chain of Custody/ Physical Security

4.8.1. The contractor shall protect, maintain, and document chain of custody of material samples.

4.8.2. The contractor shall submit with their technical proposal a description of their physical security and chain of custody plan as it applies to sample custody and safeguarding. The contractor shall submit all changes to the physical security and chain of custody plan(s) to the KO/COR in writing via email. The contractor shall not implement any changes to the physical security and chain of custody plan(s) prior to KO approval.

4.8.3. Chain of custody documentation will provide a continuous chronological record of the sample, specifying at a minimum:

A. Who collected the sample, when and where, the material, lot number, and the government-assigned K-number if present.

B. All transfers between personnel including who provided, who received, their roles in the organization/company and employer, the date, and the receiving party’s signature.

C. All transportation including who provided, who received, their role and employer, and the date.

D. Date of receipt and name of person receiving at the contractor’s laboratory for testing, or shipment or delivery to the government.

E. If testing is performed, the sample description shall be maintained and used in the COA, so the COA is clearly tied to the sample.

4.8.4. The contractor shall follow the physical security/chain of custody plan at all times.

4.8.5. Samples may only be used for analyses in accordance with the accepted Testing Plan.

4.8.6. The contractor shall submit documentation demonstrating proof of custody and location of government material at any time upon government request.

4.8.7. The contractor shall ensure no government material or samples of government material leave CONUS.

4.8.8. The contractor shall be responsible for safeguarding government material in its custody at all times and particularly during transportation between the sampling location and the contractor’s laboratory.

4.9. Citizenship

4.9.1. The contractor shall be a CONUS-based entity.

4.9.2. Government depots do not permit foreign nationals on-site.

4.10. Permits, licenses, certifications and accreditations

4.10.1. The contractor shall submit proof of applicable and appropriate federal, state, and local permits/licenses with their response to an issued TO and within two (2) business days of any government request.

4.10.2. The contractor shall submit copies of the corporate, laboratory or personnel certifications and accreditations with their proposal.

4.10.3. The government will not be responsible or liable for any failure of the contractor to comply with their certifications, accreditations, licenses, regulatory requirements, and worker health and safety issues arising from the performance of the services in this PWS. The contractor shall notify the government within thirty (30) calendar days of a lapse and provide a plan to return to compliance with the authorizing body. The contractor’s failure to maintain certification, accreditations, licenses, and regulatory requirements may result in the government’s termination of this contract. The contractor’s failure to adhere their worker health and safety practices in the performance of this PWS may result in the government’s termination of this contract.

4.11. Quality Assurance

4.11.1. The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP) incorporated in the award documents.

4.11.2. The contractor shall develop and maintain a thorough and effective Quality Assurance Plan (QAP) to ensure services are performed in accordance with the PWS and TOs. The QAP will document the procedures the contractor shall use to identify, prevent, and ensure non-recurrence of non-conforming services.

4.11.3. The contractor shall submit the QAP for approval to the KO/COR within seven (7) calendar days of contract award. The KO will provide approval/disapproval to the contractor within seven (7) calendar days of receipt.

4.11.4. The contractor shall submit all changes to the QAP to the KO/COR in writing via email. The contractor shall not implement any changes to the QAP prior to KO approval.

4.12. Scheduling Considerations

4.12.1. At government sites, the contractor shall schedule their work during business hours between 7:00 am and 4:00 pm local time Monday through Friday. Exceptions are federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government-directed facility closures. The government will not reimburse the contractor when the government facility is closed for the above reasons. The U.S. Office of Personnel Management publishes the days for federal holidays at this link:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ Work at a government facility when it is closed must be approved by the https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

KO/COR. The government will not reimburse travel expenses to a facility that is closed.

4.12.2. Work hours at material vendor or commercial locations will be guided by the requirements of the material vendor or commercial location personnel.

4.13. Place of Performance

4.13.1. The contractor shall perform all sampling operations regardless of location type and conduct all testing services within CONUS.

4.13.2. The contractor shall perform testing services at the contractor’s facilities, unless otherwise specified in this PWS. All contractor facilities that will be used in the performance of this contract will be in CONUS.

4.13.3. The contractor shall identify in their proposal the location of operational and business locations within CONUS and the number of personnel at each location with a brief description of their job duties.

4.14. Subcontracting

4.14.1. The contractor shall submit a subcontracting plan with their proposal.

4.14.2. The contractor shall identify all subcontractors in their proposal. The contractor shall cite relevant qualifications; certifications; accreditations;

and expertise and experience of each subcontractor they identify. The contractor shall submit relevant supporting documents in their proposal that support the contractor’s assertions about the contractor’s proposed subcontractor(s).

4.14.3. Subcontractor(s) involved in analytical testing must have the qualifications specified in Section 4.4 Analytical Testing that are required for the work identified in the subcontracting plan.

4.14.4. Subcontractor(s) shall be ISO 17025 certified, ASTM 9001 certified, and ITAR compliant.

4.14.5. Any work subcontracted must be performed to the government’s satisfaction within the timeline laid out in Section 4 SCOPE OF WORK.

4.14.6. The contractor may not add or remove subcontractors without prior coordination with the government.

4.15. Post-Award Conference/Periodic Progress Meetings

4.15.1. The contractor shall attend any post award conference or subsequent performance/progress meetings as requested by the KO/COR. At these meetings, the KO will provide feedback on contractor performance and the contractor shall notify the government of any issues preventing performance. The contractor shall take appropriate action to resolve outstanding performance issues in accordance with the agreement reached in the meeting. The government will conduct these meetings remotely and the meetings will be at no additional cost to the government.

4.16. Contractor Travel

4.16.1. All travel will be within CONUS.

4.16.2. All contractor travel requires notification to the COR ten (10) calendar days in advance and government approval/authorization to be considered for reimbursement.

4.16.3. The contractor shall be responsible for all contractor travel expenses unless otherwise stated in this PWS.

4.16.4. The contractor shall travel to the designated sampling locations in accordance with the Joint Travel Regulation (JTR) as specified at the link below and subject to the limitation of funds specified in this contract. The government will reimburse contractor personnel’s travel expenses in accordance with the JTR. Please refer to:

https://www.travel.dod.mil/Policy-Regulations/Joint-Travel-Regulations/.

4.17. On-site Government Support – Depot Sampling

4.17.1. The government will supply common infrastructure needs (water, restroom facilities, electricity, parking, garbage disposal areas, etc.). The government will stage material in accordance with the approved sampling plan to facilitate sampling operations.

4.17.2. The government will have one government employee available to receive contractor personnel at the government location and to escort them to the sampling operations location.

4.17.3. The government employee will be available, if needed, for safety and security purposes.

4.17.4. The government employee may perform check-ins with contractor personnel or be available for other routine or occasional needs that may arise.

4.17.5. The government reserves the right to observe and inspect the contractor’s compliance with all activities associated with the performance of this PWS.

4.18. Organizational Conflict of Interest

4.18.1. Contractor and subcontractor personnel performing work under this contract may not receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform services that may create a current or subsequent organizational conflict of interest (OCI) as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to https://www.travel.dod.mil/Policy-Regulations/Joint-Travel-Regulations/ avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may effect other remedies as the KO deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements that may be affected by the OCI.

The contractor shall assert to all requirements of 4 SCOPE OF WORK as appropriate, in their proposal and support each assertion with documented evidence.

5. ENVIRONMENTAL AND SAFETY

5.1. The contractor shall comply with all rules and regulations while on government property including the depots’ Environmental, Safety, and Occupational Health Management System (ESOHMS) Orientation Guides, Depot On-site Rules, and DLA Strategic Materials Occupational Radiation Protection Program (ORPP) (PWS Attachments 1-5).

5.2. The contractor shall comply with all applicable federal, state, and local laws and regulations.

5.3. The contractor shall follow all instructions (e.g., designated staging area(s), safety/security instructions, etc.) from depot personnel while on depot property.

5.4. Additional ESOHMS information can be found on the DLA Strategic Materials website at: http://www.dla.mil/HQ/Acquisition/StrategicMaterials/iamthekey.aspx.

5.5. Hazardous Materials: The contractor shall minimize their use of hazardous materials. The contractor shall only use hazardous materials if a suitable non-hazardous material alternative does not exist. If required, the contractor shall handle and dispose of hazardous materials in accordance with what is listed on the container(s) labeling. The contractor shall provide a copy of the material’s SDS as directed by the COR and the on-site point of contact for all on-site contractor-furnished material that requires an SDS. Copies of all SDS’s shall be maintained on-site by the designated site safety monitor for quick reference.

5.6. Spill Responsibility: The contractor shall be solely responsible for all spills or leaks during the performance of this contract that occur because of, or are attributed to, the actions of its agents, employees, or subcontractors. The contractor shall clean up such spills or leaks to the satisfaction of the government in a manner that complies with applicable federal, state, and local laws and regulations. The cleanup will be at no cost to the government. The contractor shall report all such spills or leaks, regardless of their quantity, to the KO/COR immediately upon discovery. The contractor shall submit via email a written follow-up report to the KO/COR within 24 hours after the initial report. The contractor shall write its report in narrative form and include the following:

http://www.dla.mil/HQ/Acquisition/StrategicMaterials/iamthekey.aspx

A. Description of item spilled (including identity, quantity, etc.).

B. Whether amount spilled is EPA/state reportable and if so, whether it was reported.

C. Exact time and location of spill including a description of the area involved.

D. Containment procedures initiated.

E. An estimate of the amount of government material lost.

F. Summary of any communications the contractor has with press or government officials other than the KO/COR.

G. Description of clean-up procedures the contractor employed or will employ at the site including disposal location of spill residue.

5.7. Safety: The contractor shall require all employees and subcontractors who work on-site to read and acknowledge understanding of the depot-specific ESOHMS Orientation Guide for contractors and visitors (see PWS Attachments 1-3 – ESOHMS, HAZMAT, Radiological, Safety). Contractor employees shall sign and date the Orientation Guide(s) to document their understanding of the guide’s contents. The contractor shall provide copies of all signed Depot ESOHMS Orientation Guides to the government as directed by the COR. All contractor employees shall comply with the requirements of this guide.

5.8. The contractor shall determine the need for and supply all personal protective equipment required for their employees to perform the services of this PWS with the exception of government-supplied radiation dosimeters, if necessary. At a minimum, the contractor shall require their employees to wear steel-toed safety shoes and eye and hand protection.

5.9. Contractor employees shall be required to comply with the ORPP and wear government-supplied radiation dosimeters during work within designated radioactive material storage areas and/or while dealing with radioactive materials, if necessary. The ORPP is provided in PWS Attachment 5. The contractor shall return the government-supplied radiation dosimeters to the government at the end of each work period; the contractor shall not remove government-supplied dosimeters from the depot.

5.10. Reporting: The contractor shall report, in writing, to the KO/COR all injuries, property damage, equipment damage, or vehicle accidents that occur during performance of this contract within two hours of occurrence. The contractor shall complete and submit any documentation determined to be appropriate by the KO/COR to document the mishap. Any damage that occurs to government facilities or equipment that is caused, or is contributed to, by the contractor or its subcontractors shall be repaired or replaced at the expense of the contractor to the satisfaction of the COR.

5.11. The contractor shall be responsible for the proper disposal of all hazardous waste materials generated in the performance of this PWS in accordance with federal, state, and local regulations for waste material handling, storage, and disposal.

5.12. The contractor shall be responsible for complying with all federal, state, and local regulations for the handling, storing, and processing of hazardous materials including licensing, if required

5.13. When the contractor is performing services at a government site, the contractor shall abide by all rules and regulations of the government site.

5.14. The contractor shall be appropriately and adequately insured and bonded for the duration of this contract and assert to the same in their proposal.

6. TYPE OF CONTRACT

6.1. This contract is an IDIQ.

6.1.1. The IDIQ will have a base period POP of 12 months with two option periods, each 12 months. The government will exercise option periods at the government’s discretion. The total length of the IDIQ will be up to 36 months.

6.1.2. The minimum amount of the IDIQ (base plus two option periods) will be $10,000.00; the maximum amount of the IDIQ will be $9,600,000.00.

6.2. Sampling and oversight costs (technician time, program manager time, travel, and ODCs will be time and materials).

6.3. Analytical testing costs will be firm fixed price on a per test basis.

7. DELIVERY AND ACCEPTANCE

7.1. Delivery

The Contractor shall deliver all documents and reports to the COR via email unless otherwise directed in the PWS The COR’s physical address is:

Defense Logistics Agency Strategic Materials 8725 John J Kingman Dr Fort Belvoir, VA 22060

7.2. Acceptance

7.2.1. Inspection of the work performed under this PWS will be in accordance with the QASP.

7.2.2. The KO/COR will provide written notification of the acceptance/rejection of each COA within twenty-one (21) days of delivery. Only this notification constitutes acceptance of the COA.

7.2.3. The Contractor shall not submit an invoice until the COR has issued a written notification of acceptance of each COA.

7.2.4. If any COA or other deliverable does not conform to the requirements stated in this PWS and/or as modified by the task order, the Government reserves the right to reject the non-conforming COA.

7.2.5. The Contractor shall be responsible for correcting any non-conforming COAs at the contractor’s expense.

Attachments

1. ESOHMS Orientation Guide-Scotia-2023

2. ESOHMS Orientation Guide-Hammond-2023

3. ESOHMS Orientation Guide-Hawthorne-2023

4. Depot On-Site Rules

5. Final ORPP December 2022

Acronym List Acronym Description A2LA American Association for Laboratory Accreditation COA certificate of analysis CONUS Continental United States COR Contracting Officer’s Representative ESOHMS Environmental, Safety, and Occupational Health Management System GOES Grain Oriented Electrical Steel ICP Inductively Coupled Plasma IDIQ Indefinite Delivery Indefinite Quantity IMP Integrated Master Plan IMS Integrated Master Schedule ISO International Organization for Standardization ITAR International Traffic in Arms Regulation JTR Joint Travel Regulation KO Contracting Officer OCI organizational conflict of interest ORPP Occupational Radiation Protection Program PIEE/WAWF Procurement Integrated Enterprise Environment/Wide Area Workflow POP period of performance QAP Quality Assurance Plan QASP Quality Assurance Surveillance Plan SDS Safety Data Sheets SOP Standard Operating Procedure TO Task Order

SAMPLE TASK ORDERS

SAMPLE TASK ORDER 1

ELECTROLYTIC MANGANESE METAL SAMPLING

Background: Strategic Materials expects to receive 2,160 metric tons of Electrolytic Manganese Metal (EMM) in flake form in the calendar year 2026.The EMM will be delivered over a nine-month period to the Depot located in Scotia, New York. Each production lot will be approximately 60 MT. The EMM flake is contained in UN-rated 55-gallon equivalent steel. There are four drums to each pallet and each drum contains approximately 250 kg EMM. Four lots will arrive at the Scotia, NY depot each month over a nine-month period for a total of 36 lots. The first shipment will arrive on January 6, 2026. The EMM will be delivered to the government’s Scotia Depot in 11 to 13 truckloads per month.

SCOPE OF WORK AND REQUIREMENTS

The period of performance is from January 6, 2026 to October 6, 2026.

The contractor shall sample each lot of EMM using methods to ensure each lot’s sample is representative of the lot in chemical properties and particle size.

Each lot must be sampled and samples delivered within 30 calendar days of the lot’s full arrival at the Scotia, NY depot.

Each lot’s particle size analysis must be completed and the results reported to the Government in a COA within fifty-five (55) calendar days of the lot’s full arrival at the Scotia, NY depot.

The government will stage pallets of material for each lot of EMM the contractor intends to sample prior to the contractor’s arrival at the depot.

The government will provide the contractor with a forklift with a specialized attachment for emptying drums, to include a chute to dump EMM material. The Scotia Depot has a sampling table – a wooden table with a stainless-steel surface that is 12 feet long and

3.5 feet wide that can be tipped along the long end to a funneled opening of 12 inches on the lower end of the table for refilling drums. The government will make the sampling table available to the contractor during the contractor’s sampling activities under this task order.

The contractor shall submit a sample Sampling Plan for Sample Task Order 1 as part of their technical proposal. The sample Sampling Plan shall address the following, at a minimum:

a. Engineering controls for the health and safety of all persons on site during the contractor’s sampling operations, if any

b. Personal protective equipment for contractor personnel, if any, during sampling activities

c. Equipment the contractor requires from the government, if any

d. Amount of support (in hours/day and total hours per sampling trip) from Scotia

Depot personnel and type of support (i.e. labor) the contractor proposes they need for assistance in the contractor’s sampling activities, if any

e. List of contractor equipment the contractor will employ during their sampling activities

f. Temporary storage of contractor’s equipment during their sampling trip to the

Scotia Depot, if any

g. Sampling flow in and out of sampling area

h. Overall floorspace requirements the contractor proposes

i. Specific support infrastructure the contractor needed at sampling location

(electricity, water, etc.)

j. Number of contractor’s technicians the contractor intends to use during sampling operations at government site

k. Number of incremental samples for each lot’s aggregate sample. Provide basis for that number of samples

l. A “sample” will be comprised of an analytical sample, government sample, and laboratory reserve sample

m. Pulverization, if any, of samples for sample preparation for analysis

n. Sample recovery process and basis for that method

o. Estimate of the amount of time required for retrieving the samples – number of days likely to be at Depot for sampling, number of hours on days of…