SF1449_SP800024R0003.pdf

2022-Feb-04 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , HEREIN IS ACCEPTED AS TO ITEMS:

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 7006220403

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

a. NAME 8. OFFER DUE DATE/

9. ISSUED BY CODE SP8000

DCSO COLUMBUS DIVISION #3

3990 EAST BROAD STREET

COLUMBUS OH 43218

USA

Initiator: Christopher Williams DCW0109 Tel: DSN392-0426 Email: Christopher.1.Williams@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: 325180

SIZE STANDARD: 1,000 Employees

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

Net 30 days

12. DISCOUNT TERMS

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

TELEPHONE NO.

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

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

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

EDWOSB

SP8000-24-R-0003

DATE

2024 MAY 22

Christopher M. Williams, Email: chrisopher.1.williams@dla.mil

LOCAL TIME

2024 JUN 24 /

3:00PM EST

X

b. TELEPHONE NUMBER (No collect calls)

X

XX

X

571-767-0426

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) BACK

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

TABLE OF CONTENTS

4 A. CONTINUTATION OF STANDARD FORM 1449

A.1. SF 1449 Supplemental Information 4

A.2. Administrative Summary 4

B. SUPPLIES OR SERVICES AND PRICES/COSTS

C. ST ATEMENT OF WORK (SOW)

D. CONTRACT CLAUSES

D.1. Clauses Incorporated by Reference 27

D.2. Clauses in Full Text 28

E. SOLICITATION PROVISIONS 43

E.1. Provisions Incorporated by Reference 43

E.2. Provisions in Full Text 43

Addendum to FAR 52.212-1, Instructions to Offerors— 46 Commercial Products and Commercial Services

FAR 52.212-2, Evaluation—Commercial Products and 49 Commercial Services

F. LIST OF ATTACHMENTS 70

CONTINUATION SHEET SP8000-24-R-0003 PAGE 3 OF 70 PAGES

A. CONTINUATION OF STANDARD FORM 1449

A.1. SF 1449 Supplemental Information

A.1.1. Block 8

Offer Due Date/Local Time: The open period to submit proposals will be from 22 May 2024

– 24 June 2024. The deadline for the receipt of proposals is hereby established as 3:00 P.M. Eastern Standard Time (EST) on 24 June 2024.

Offerors are requested to submit complete proposals for all requirements as specified in this solicitation. Proposals may be submitted at any time during the open period of the solicitation.

Any proposal not received during the Open Period (on or between the Opening Date and its corresponding Closing Date) will not be evaluated and will be returned to the offeror. Federal Holidays are identified as those established by Federal law (5 U.S.C. 6103) and made available to the public by the Office of Personnel Management through the following website:

http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/.

A.2. Administrative Summary

A.2.1. This is a solicitation for the acquisition of commercial items with additional information included in this notice and file attachments.

A.2.2. Solicitation SP8000-24-R-0003 is a Request for Proposal (RFP). DLA Contracting Services Office - Columbus Division 3 (DCSO-C3) intends to award and administer a single Firm-Fixed price (FFP) contract, using a Standard Form (SF) 1449 as the award document for the contract. The Government reserves the right to not award any or all Contract Line-Item Numbers (CLIN), if it proves to be in the best interest of the Government.

A.2.3. All offerors must be registered in the System for Award Management (SAM) with the applicable NAICS code 325180, to be considered for award. The web site for registration is https://SAM.gov.

A.2.4. This solicitation document and incorporated provisions and clauses are those in effect through the—

• Federal Acquisition Circular 2024-05, effective May 22, 2024.

• Defense Federal Acquisition Regulation Supplement (DFARS) effective April 25, 2024.

• Defense Logistics Agency Directive (DLAD) PROCLTR 2023-0201, effective February

01, 2023.

The complete text of any of the clauses, provisions and DLAD notes may be accessed in full at https://www.acquisition.gov/ and http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

A.2.5. This acquisition is Unrestricted. In accordance with FAR 6.302-3(a)(2)(i), DCSO-C3 is soliciting and will award this requirement to only those sources able to mine and process NdPr Oxide in the United States, the outlying areas of the United States (i.e., United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands), or

CONTINUATION SHEET SP8000-24-R-0003 PAGE 4 OF 70 PAGES

Canada. The applicable NAICS code is 325180 – Other Basic Inorganic Chemical Manufacturing, with a size standard of 1,000 employees.

A.2.6. The Defense Logistics Agency (DLA) by and through the DCSO-C3 intends to award a contract for up to 172 metric tons (MT) of permanent rare earth magnet grade neodymium oxide (Nd2O3) and praseodymium oxide (Pr6O11), as a didymium oxide mixture (75% Nd2O3 / 25% Pr6O11). The Government reserves the right to award for less than the maximum quantity. All NdPr Oxide to be delivered under any resulting contract shall be packaged and delivered using UN 1A2 “X” rated drums. This procurement will additionally require sampling of the NdPr Oxide to be performed by an independent sampling subcontractor and testing of the NdPr Oxide to be performed by an independent testing laboratory subcontractor. Any eventual contract award will require the Contractor to deliver the material to Hawthorne, Nevada.

A.2.7. This requirement has a 12-month period of performance, at the conclusion of which all ordered NdPr Oxide (up to 172 MT) shall have been delivered.

A.2.8. The provision at FAR 52.212-1, Instructions to Offerors--Commercial Products and Commercial Services, and its Addendum, applies to this acquisition.

A.2.9. The provision at 52.212-2, Evaluation--Commercial Products and Commercial Services, applies to this acquisition. The evaluation factors are: Technical Approach, Bulk Sampling Approach, Laboratory Testing Approach, Past Performance Acceptability, and Price.

A.2.10. A completed copy of FAR 52.212-3, Offeror Representations and Certifications-- Commercial Products and Commercial Services, applies to this acquisition and shall be submitted with your proposal if not available through SAM at https://www.sam.gov.

A.2.11. The clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Products and Commercial Services, applies to this acquisition.

A.2.12. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services, applies to this acquisition.

A.2.13. Payment Terms: Net 30

A.2.14. SOLICITATION INSTRUCTIONS:

A.2.14.1 Questions or clarifications in response to the solicitation must be submitted NLT June 04, 2024, at 3:00 PM EST. Questions received after June 04, 2024, will not receive a response.

Please submit all questions to Christopher Williams at Christopher.1.williams@dla.mil (and carbon copy Eric Heil at Eric.Heil@dla.mil ) with "SP8000-24-R-0003: NdPr Oxide Solicitation Clarification Request" in the Subject line.

A.2.14.2. The Offeror shall mark each page of its proposal with the legend “Source Selection Information – See FAR 2.101 and 3.104.” This includes the cover page and every page that may contain source selection information. Note that the Offeror has an independent requirement to mark anything deemed to be bid or proposal information, protected proprietary information, or other information that is to be protected from disclosure to ensure that the information is protected.

CONTINUATION SHEET SP8000-24-R-0003 PAGE 5 OF 70 PAGES

A.2.14.3. Proposal Content and Volumes. The Offeror shall submit their proposals using the breakout below.

Volume 1: Introduction

a. Cover Page. The cover page shall include the following:

i. Proposal Title

ii. Offeror’s Name and Address

iii. Principal Point of Contact Name, Email Address, and Phone Number

iv. Offeror’s CAGE / Unique Entity Identification (UEID) Numbers

b. Table of Contents:

i. The table of contents shall provide sufficient detail as to allow the important elements to be easily located.

c. Cover Letter and Executive Summary

i. The cover letter should be on company letterhead and must contain a statement committing the Offeror to the proposal and stating its validity for a period of at least 60 days. This letter should also include the name, title, phone number, and e-mail address for the persons authorized to negotiate with the Government in connection with the solicitation. The letter must be signed by a responsible officer or partner/principal of the Offeror who is authorized to bind the firm contractually. The letter must also contain a statement that the proposal meets the specifications of each subsection of the solicitation.

ii. A brief Executive Summary of the Offeror’s proposal. This summary will not be evaluated but will be used to gain an understanding of the overall proposal contents. It should identify and highlight significant features of the proposal and include the salient points contained in the various volumes and chapters. The Executive Summary shall not include any price-related information. Additionally, the Executive Summary shall state any proposed exception or deviation that the proposal is making from the solicitation. Solicitation deviations and qualifications may cause proposals to be considered unacceptable and rejected without further consideration.

d. SF1449 and Amendments

i. The completed and signed SF1449. If applicable, the proposal shall also include signed acknowledgments of any amendments.

e. Small Business Subcontracting Plan.

i. The proposed FAR 52.219-9 Small Business Subcontracting Plan, if applicable.

Volume 2: Technical Approach, Bulk Sampling Approach, and Laboratory Testing Approach

CONTINUATION SHEET SP8000-24-R-0003 PAGE 6 OF 70 PAGES

a. Submit the Technical Approach in accordance with the instructions found on page 50 this solicitation within FAR provision 52.212-2.

b. Submit the Bulk Material Sampling Approach in accordance with the instructions found on page 50 this solicitation within FAR provision 52.212-2.

c. Submit the Laboratory Testing Approach in accordance with the instructions found on page 51 this solicitation within FAR provision 52.212-2.

Volume 3: Past Performance

Submit the Past Performance narrative in accordance with the instructions found on page 51 this solicitation within FAR provision 52.212-2.

Volume 4: Proposed Pricing

Submit proposed pricing by following the instructions within Section B of this solicitation and completing all requested CLIN fields. This shall be the only volume where any reference to proposed pricing is made.

A.2.14.4. Offerors shall submit their proposals via email to Christopher Williams at Christopher.1.williams@dla.mil , and carbon copy Eric.Heil@dla.mil with “SP8000-24-R-0003:

Proposal” in the Subject line by June 24, 2024, at 3:00 PM EST. Offerors are strongly encouraged to confirm receipt of their proposals after submission. Alternatively, proposals may be submitted via DoD SAFE (https://safe.apps.mil/) to Christopher Williams at Christopher.1.williams@dla.mil and Eric Heil at Eric.Heil@dla.mil. Proposals submitted via US mail will not be accepted.

A.2.14.5. In accordance with FAR 15.208(a) Offerors are responsible for submitting proposals, and any revisions, and modifications, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

A.2.15. CONTACT INFORMATION

Contracting Office Address:

Defense Logistics Agency DLA Contracting Services Office – Columbus Division 3 3990 East Broad Street Columbus, Ohio 43218-3990

Primary Point of Contact:

Chris Williams, Contract Specialist Phone: 703-223-2310 Email: Christopher.1.Williams@dla.mil

Secondary Point of Contact:

Eric F. Heil, Contracting Officer Phone: 614-623-2528 Email: Eric.Heil@dla.mil

CONTINUATION SHEET SP8000-24-R-0003 PAGE 7 OF 70 PAGES

B. SUPPLIES OR SERVICES AND PRICES/COSTS

SUPPLIES/SERVICES: 9620-N00006522

ITEM DESCRIPTION: 75%-25% NdPr Oxide. In accordance with the SOW, the Contractor shall source, package, and deliver the awarded quantity of 75%-25% Neodymium Oxide (Nd2O3) and Praseodymium Oxide (Pr6O11). Pricing under this CLIN shall be reflective of all work to be performed under the SOW except for any work performed under CLIN 0002 and CLIN 0003.

ITEM NO. Supplies/Services Max Weight

(Metric Tons, MT) UNIT PRICE EXT PRICE 0001 9620-N00006522

NdPr Oxide 172 $

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 12 months after date of contract award

PREP FOR DELIVERY: Packaging and labeling shall be in accordance with Sections C.12 and C.13 of the SOW.

SW0844

DLA- STRATEGIC MATERIALS HAWTHORNE

1 SOUTH MAINE AVE

BLDG 110-66C

HAWTHORNE NV 90415

US

CLIN 0001 Note 1 to the Offeror: Offerors shall propose pricing, on a per MT basis, for the following quantity ranges of 75%-25% NdPr Oxide:

Range Metric Ton Weights Proposed Price (per MT)

Range 1 135 MT – 139 MT

Range 2 140 MT – 144 MT

Range 3 145 MT – 149 MT

Range 4 150 MT – 154 MT

Range 5 155 MT – 159 MT

CONTINUATION SHEET SP8000-24-R-0003 PAGE 8 OF 70 PAGES

Range 6 160 MT – 164 MT

Range 7 165 MT – 169 MT

Range 8 170 MT – 172 MT

CLIN 0001 Note 2 to the Offeror: For evaluation of proposed pricing, the Government will use the Maximum Weight (MT) of 172 MT shown in the table above. To determine the proposed extended price, the Offeror shall multiply the proposed unit price by 172.

CLIN 0001 Note 3 to the Offeror: The Government may award for any quantity up to a maximum weight of 172 MT, using the proposed unit price under the applicable range.

SUPPLIES/SERVICES: H999-V00007070

ITEM DESCRIPTION: Sampling for 75%-25% NdPr Oxide. In accordance with the SOW, the Contractor shall provide sampling for 75%-25% NdPr Oxide.

ITEM NO. Supplies/Services Number of Lots

UNIT PRICE

(Price per Lot) EXT PRICE

0002 H999-V00007070 Other Quality Control, Test & Insp-Misc

PRICING TERMS: Firm Fixed Price

PERIOD OF PERFORMANCE: 12 months

CLIN 0002 Note 1 to the Offeror: Offerors shall propose the number of lots to be sampled, and propose sampling pricing on a per lot basis, for the following quantity ranges of 75%-25% NdPr Oxide:

Range Metric Ton Weights Proposed Number of Lots

Proposed Price (per Lot)

Range 1 135 MT – 139 MT

Range 2 140 MT – 144 MT

Range 3 145 MT – 149 MT

Range 4 150 MT – 154 MT

Range 5 155 MT – 159 MT

Range 6 160 MT – 164 MT

CONTINUATION SHEET SP8000-24-R-0003 PAGE 9 OF 70 PAGES

Range 8 170 MT – 172 MT

CLIN 0002 Note 2 to the Offeror: For evaluation of proposed pricing, the Government will use the proposed number of Lots and proposed pricing for the 170 MT – 172 MT range shown in the table above. To determine the proposed extended price, the Offeror shall multiply the proposed number of lots for this range by the proposed unit price for this range.

CLIN 0002 Note 3 to the Offeror: The Government may award for any number of lots up through the number proposed in Range 8, using the proposed unit price under the applicable range.

SUPPLIES/SERVICES: H999-V00007070

ITEM DESCRIPTION: Testing for 75%-25% NdPr Oxide. In accordance with the SOW, the Contractor shall provide testing for each sample collected of 75%-25% NdPr Oxide.

ITEM NO. Supplies/Services Number of Lots

UNIT PRICE

(Price per Lot) EXT PRICE

0003 H999-V00007070 Other Quality Control, Test & Insp-Misc

PRICING TERMS: Firm Fixed Price

PERIOD OF PERFORMANCE: 12 months

CLIN 0003 Note 1 to the Offeror: Offerors shall propose the number of lots to be tested, and propose pricing on a per lot basis, for the following quantity ranges of 75%-25% NdPr Oxide:

Range Metric Ton Weights Proposed Number of

Lots Proposed Price (per Lot)

Range 1 135 MT – 139 MT

Range 2 140 MT – 144 MT

Range 3 145 MT – 149 MT

Range 4 150 MT – 154 MT

Range 5 155 MT – 159 MT

Range 6 160 MT – 164 MT

Range 8 170 MT – 172 MT

CONTINUATION SHEET SP8000-24-R-0003 PAGE 10 OF 70 PAGES

CLIN 0003 Note 2 to the Offeror: For evaluation of proposed pricing, the Government will use the proposed number of lots and proposed pricing for the 170 MT – 172 MT range shown in the table above. To determine the proposed CLIN 0003 extended price, the Offeror shall multiply the proposed number of lots for this range by the proposed unit price for this range.

CLIN 0003 Note 3 to the Offeror: The Government may award for any number of lots up through the number proposed in Range 8, using the proposed unit price under the applicable range.

CONTINUATION SHEET SP8000-24-R-0003 PAGE 11 OF 70 PAGES

C. STATEMENT OF WORK (SOW)

C.1. Introduction

This is a supply contract to provide a combined 75-25 didymium oxide powder. The formula basis for the neodymium is Nd2O3 and the praseodymium is Pr6O11.

C.2. Background

The Defense Logistics Agency (DLA) Strategic Materials received authority to procure Nd2O3 and Pr6O11 in the fiscal year (FY) 2022 Consolidated Appropriations Act. The Government intends to store this material for an extended period thus, the material shall have a form and packaging conducive to long term storage in an enclosed Government warehouse.

C.3. Scope of Work

DLA Strategic Materials intends to purchase a maximum of 172 metric tons (MT) of 75%-25% Nd-Pr Oxide, also known as didymium oxide, with a one (1) year delivery period. The 75%-25% Nd-Pr Oxide shall be mined and processed in the United States, its outlying areas, or Canada.

CLIN

Execution Year

(by Fiscal Year (FY)) Item

Maximum Total Inventory Metric Ton (MT)*

0001 FY24 (BASE) 25% Pr6O11 / 75% Nd2O3 172

0002 FY24 (BASE) SAMPLING 172

0003 FY24 (BASE) TESTING 172

* The Government reserves the right to award for less than the maximum quantity.

** CLIN 0001 has a maximum acceptable quantity variance of +/- 1% of the awarded weight.

C.4. Period of Performance

The period of performance shall be for one (1) base period of 12 months.

C.5. Abbreviations, Acronyms, and Definitions

The following abbreviations and acronyms are used throughout this document:

ASTM American Society for Testing and Materials CBP Customs and Border Protection CFR Code of Federal Regulations CIP Carrier and Insurance Paid To COA Certificate of Analysis COR Contracting Officer’s Representative DLA Defense Logistics Agency DoT Department of Transportation ESOH Environmental, Safety and Occupational Health ESOHMS Environmental, Safety, and Occupational Health Management System FY Fiscal Year

CONTINUATION SHEET SP8000-24-R-0003 PAGE 12 OF 70 PAGES

GHS Globally Harmonized System of Classification and Labeling of Chemicals HCS Hazard Communication Standard ISO International Organization for Standardization ISPM-15 International Standards for Phytosanitary Measures Number 15 KO Contracting Officer LOI Loss on Ignition (moisture) MT Metric Tons NDAA National Defense Authorization Act NPT National Pipe Thread NRC Nuclear Regulatory Commission OSHA Occupational Safety & Health Admiration RE Rare Earth REO Rare Earth Oxide SDS Safety Data Sheet SOW Statement of Work TREO Total Rare Earth Oxide UN United Nations US United States

For the purposes of this document, the following words and terms are defined accordingly:

“Bench”: Workbench level Bench-wise production process”: Workbench level process “In processus”: Taking place during the process.

“Production lot”: The material produced by the same bench for a bench-wise production process, or the same operating shift for a continuous process.

C.6. Delivery Schedule

C.6.1. The Contractor shall submit written documentation to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) within forty-five (45) calendar days of contract award that identifies its intentions regarding the following:

C.6.1.1. Total net weight of material to be delivered.

C.6.1.2. Total net weight of each lot of material to be delivered.

C.6.1.3. Total net weight of material contained in each package (e.g. drum).

C.6.1.4. Total number of sub-packaging units contained inside each package if applicable (e.g. total number of bags contained inside each drum).

C.6.1.5. Total number of packages (e.g. drums).

C.6.1.6. Quantity of packages (e.g. drums) on each pallet.

C.6.1.7. Pallet size (e.g. 48” X 48”) C.6.1.8. Total number of truck loads to be delivered each month.

C.6.1.9. Total number of lots contained in each truckload (e.g., one lot per truckload, two lots per truckload, ½ lot per truckload etc.)

C.6.1.10. Type of truck planned for transporting the material to the delivery point

(e.g., enclosed van truck, overseas container etc.)

C.6.2. The Contractor shall not ship any material to the delivery point before a minimum of thirty (30) calendar days has passed from the date of submission of the written documentation required by Section C.6.1, above, to the KO and the COR.

CONTINUATION SHEET SP8000-24-R-0003 PAGE 13 OF 70 PAGES

C.6.3. The Contractor shall separately submit written documentation to the KO and the

COR within thirty (30) calendar days of contract award that identifies the intended material delivery schedule for the entire duration of the contract. This comprehensive material delivery schedule shall include intended individual delivery dates and the total net weight of each intended delivery per day.

C.7. Applicable Documents

The following documents are incorporated by reference:

C.7.1. Occupational Safety & Health Administration (OSHA) 29 Code of Federal Regulations (CFR) 1910.1200

C.7.2. The United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

C.7.3. Harmonized Tariff Schedule, the Tariff Act of 1930, and the Trade Act of 1974 C.7.4. United States (US) Customs and Border Protection (CBP) Form 7501 C.7.5. US CBP Form 6059, General Declaration C.7.6. US CBP Form 5106 (Request for Importer Number, or Notification of Importer

Number) C.7.7. Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR 170-

189) C.7.8. Nuclear Regulatory Commission (NRC) Part 71 – Packaging and Transportation of

Radioactive Material (10 CFR 71) C.7.9. Importation of Strategic and Critical Materials (50 U.S. Code § 98h – 4)

C.8. Technical Requirements

The following sections define the requirements for the material, material packing, labeling and material delivery.

C.8.1. Material Description

C.8.1.1. A combined didymium powder consisting of 25% (±2%) Pr6O11 and 75% (±2%)

Nd2O3 shall meet chemical, physical, and radiometric specifications in Table 1.

CONTINUATION SHEET SP8000-24-R-0003 PAGE 14 OF 70 PAGES

Table 1. Material Specification for 99.5% purity by mass with respect to TREO purity Didymium magnet grade powder concentrate. (75% Nd2O3 – 25% Pr6O11)

Main Components Purity: (Nd2O3+Pr6O11)/TREO≥99.5%

Component Percentage of Nd2O3+Pr6O11

Nd2O3 75%

Pr6O11 25%

REO Impurities (%/TREO) Other Impurities (%)

La2O3 ≤0.05 Fe2O3 ≤0.05

CeO2 ≤0.05 SiO2 ≤0.02

Sm2O3 ≤0.03 CaO ≤0.02

Y2O3 ≤0.01 Al2O3 ≤0.05

Other RE impurities ≤0.01 Cl- ≤0.03

All RE Impurities ≤0.50 C ≤0.05

SO42- ≤0.02

Na2O ≤0.05

HgO ≤0.001

CdO ≤0.001

PbO ≤0.001

Cr2O3 ≤0.005

Other Impurities ≤0.05

TREO ≥99% LOI <1.0

Radioactivity: 1Bq/g max

Combined Thorium and Uranium content: <0.05% by wt.

Particle Size: D50 <40 micrometers

REO content values are based on oxide equivalents of elemental quantities of the rare earth.

C.8.1.2. The Contractor shall ensure that material from each production lot is segregated from material from any other production lot. Co-mingling of multiple production lots into one larger lot shall not occur. The Contractor shall assign a unique lot number to each production lot.

C.9. Quality Assurance and Control

C.9.1. The Contractor shall be responsible for quality control. The Government shall be responsible for monitoring the Contractor’s performance, to include verifying the

CONTINUATION SHEET SP8000-24-R-0003 PAGE 15 OF 70 PAGES

Contractor’s implementation of quality control measures.

C.9.2. Quality Control Plan Requirements. The Contractor shall establish a comprehensive Quality Control Plan to ensure that the requirements of the SOW are satisfied. The basic tenet of the plan is that the Contractor is responsible for quality control. The methods of surveillance used by the Government will be random unless listed differently in the Performance Requirements Summary Table (PRST) of this SOW. Inspection methods and Acceptable Quality Levels are listed in the PRST. (See Attachment 3 to this SOW for a copy of the PRST)

C.9.3. Quality Control Plan Requirements. The Quality Control Plan shall include:

C.9.3.1. Specifics as to the areas to be inspected on both a scheduled and unscheduled basis.

C.9.3.2. The Frequency of inspections.

C.9.3.3. The title and organizational placement of the inspectors.

C.9.3.4. A description of the methods to be used to identify and prevent defects in the quality of material and data the Contractor provides to the Government .

C.9.3.5. The corrective actions to be taken to correct identified defects.

C.9.4. A copy of the Contractor’s Quality Control Plan shall be provided to the KO and the COR within twenty (20) business days after contract award.

C.9.5. The Contractor may implement changes to their Quality Control Plan subject to the KO’s written approval. If changes are made to the Quality Control Plan, an updated copy of the plan shall be provided to the KO and the COR within five

(5) business days after changes occur.

C.9.6. Documentation of inspections and corrective actions taken shall be kept (and be made available to the KO or COR upon request) throughout the contract performance period and for a period after contract completion, being either until the final invoice has been paid or until final settlement of any claims under this contract, whichever is later.

C.9.7. The Government will evaluate the Contractor’s performance by appointing a COR to monitor performance and ensure all service(s) are performed at the identified Acceptable Quality Levels identified in this SOW and listed in the PRST. (See Attachment 3 to this SOW for a copy of the PRST). The methods of surveillance used by the Government will be random unless listed differently in the Performance Requirements Summary Table (PRST) of this SOW. Inspection methods and Acceptable Quality Levels are listed in the PRST. (See Attachment 3 to this SOW for a copy of the PRST).

C.10. Sampling and Testing

****NOTE: The requirements identified in the “Sampling and Testing” section of this Statement of Work (SOW) apply to every lot of material the Contractor proposes for delivery to the Government. ****

C.10.1. The Government shall have the right to sample and test every lot of material.

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The lot(s) selected for verification of conformance with the specifications identified in this SOW shall be determined by the Government.

C.10.2. The Contractor shall use an upstream material sampling procedure during the

Contractor’s packaging/repackaging process (in processus sampling) to obtain representative samples of each lot of material. These samples shall be collected onsite at the Contractor’s packaging/repackaging facility.

C.10.3. Performance of all activities associated with SOW Section C.10 shall occur within the Continental United States (CONUS) or Alaska. The Contractor shall ensure no Government material or samples of Government material leave CONUS or Alaska;

with the only exception being transportation by land of material from Alaska through Canada to CONUS.

C.10.4. The Contractor shall use a professional bulk material sampling company and an analytical laboratory company to affect the independent collection of representative samples of each lot of material and to perform verification testing of each sample.

C.10.5. Bulk Material Sampling Company. The Contractor shall use a CONUS-based or

Alaska-based professional bulk material sampler that has an established reputation for experience in and excellence for bulk material sampling in steel/ferroalloy materials and ores and concentrates; aluminum; fluorspar; zinc; manganese, tantalum, niobium, and rare earth oxides or carbonates at a minimum. The bulk material sampler shall have experience using sampling operations that are compliant with ASTM and ISO bulk sampling standards or accepted standards for sampling in the associated material industry.

C.10.5.1. The Contractor shall abide by the professional bulk sampling company’s requests for accommodation of the bulk sampling company’s sample collection procedure.

C.10.5.2. The Contractor shall provide the professional bulk material sampling company access to their repackaging process facility such that the bulk material sampling company can collect aggregate samples – one for the Government, one for analysis, one for the Contractor, and one for laboratory reserve – and each aggregate sample shall be representative of each of the Contractor’s lots of material. The samples must be collected in processus of the Contractor’s repackaging process, where the material is repackaged into the previously specified drums for the Government.

C.10.5.3. The Contractor shall provide access to the Contractor’s packaging/repackaging facility and permit the professional bulk material sampling company to collect representative samples of each lot of material in processus during the performance of the Contractor’s packaging/repackaging process. The Contractor shall only package/repackage lot(s) of material, intended for delivery to the Government, at their repackaging/repackaging facility when the professional bulk sampling company is present and performing sampling operations at the Contractor’s packaging/repackaging facility. The Contractor shall not ship any lot of material to the Government that has not been sampled at the Contractor’s packaging / repackaging facility by the professional bulk material sampling company.

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The Contractor shall submit written notification(s) to the KO and the COR a minimum of thirty (30) calendar days in advance of performing any packaging/repackaging of lot(s) of material at their packaging/repackaging facility that is intended for the delivery to the Government. The Contractor shall only package/repackage lot(s) of material, intended for delivery to the Government, at their packaging/repackaging facility when the Government and/or the Government’s designated agent(s) are present, and the professional bulk material sampling company is performing sampling operations at the Contractor’s packaging/repackaging facility. The Government may temporarily waive the necessity of the Government’s presence during sampling operations at any time.

C.10.5.4. The Contractor shall ensure the professional bulk sampling company’s sample collection process remains independent in nature.

Neither the Government nor the Contractor shall have influence on the professional bulk sampling company’s decisions and methods in the performance of Section C.10 of this PWS. This requirement of independence does not preclude the Contractor from collaborating with the Government or the professional bulk material sampling company to facilitate the Contractor’s performance under this contract.

C.10.5.5. The Government reserves the right to witness all material sampling operations. The Contractor shall collaborate with the professional bulk sampler and the COR for scheduling of in processus/upstream sampling operations.

C.10.5.6. The Contractor shall not make any changes to the bulk material sampling company’s sampling plan (submitted and approved as part of the Contractor’s proposal) without the explicit written approval of the KO.

C.10.6. Independent Analytical Chemistry Laboratory. The Contractor shall use an independent analytical chemistry laboratory (“lab”) to perform verification testing of each lot of material the Contractor intends to deliver to the Government. The lab shall have CONUS-based or Alaska-based operations. The lab shall perform all activities in Section C.10 of this PWS within CONUS or Alaska. The lab shall have an established reputation for experience and excellence in laboratory analytical services for Rare Earth Elements (REEs) 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, inductively coupled plasma mass spectrometry and glow discharge mass spectrometry (ICP-MS and GDMS, respectively).

The lab shall have expert ability and experience in analytical chemistry methods and method development. The lab shall have expert ability and experience in analytical chemistry methods and method development in wet chemistry (i.e., sample preparation and digestion, titration, reagent

CONTINUATION SHEET SP8000-24-R-0003 PAGE 18 OF 70 PAGES

preparation, glovebox work, etc.). The lab shall have expert ability and experience in instrumental analysis including FTIR and Raman vibrational spectroscopy, instrumental gas analysis (IGA), ICP-OES/AES plasma emissions/absorption spectroscopy, ICP-MS plasma-initiated mass spectrometry, and glow discharge mass spectrometry (GDMS).

The lab shall be ISO (International Organization for Standardization) 17025 certified, ASTM (American Society for Testing and Materials) 9001 certified, and ITAR (International Traffic in Arms Regulations) compliant.

C.10.6.1. The Contractor shall not make any changes to the Independent Analytical

Chemistry Laboratory’s testing plan (i.e., the proposed analytical methodologies the independent laboratory will employ that will be submitted and approved as part of the Contractor’s proposal) without the explicit written approval of the KO.

C.10.7. The Contractor shall maintain and document chain of custody of each lot’s government sample, analytical sample, and laboratory reserve sample. The Contractor shall deliver the analytical sample and the laboratory reserve sample to the lab, while transferring chain of custody of the analytical sample and the laboratory reserve sample to the lab.

The Government will advise the Contractor on the Government’s preferred method of transfer of chain of custody of the Government’s sample to the Government.

Often, the Government’s samples will be shipped with their corresponding material lots, unless the Contractor and Government agree upon an alternative transfer of custody of the Government’s samples.

C.10.8. The Contractor shall use the report generated by the lab as the Vendor’s Certificate of Analysis (COA) in accordance with Section C.11 of this SOW.

C.11. Certificates of Analysis (COA)

C.11.1. The Contractor shall provide a COA for the contained material with each production lot.

C.11.2. The COA is a legal document, which attests that the material delivered by the

Contractor satisfies the requirements stated in the SOW. The Government will determine based on the COA if the lot(s) of the material should be delivered.

The Contractor shall carefully sample and test the material to ensure the reliability of each submitted COA.

C.11.3. The COAs shall be provided by email in the Adobe Acrobat PDF (portable document format) format to the COR for review and acceptance prior to shipping any lot(s) to the point of delivery. No other types of PDF formats will be accepted.

The email address for submitting the COAs will be designated in the Contract.

C.11.4. The COA shall have a statement certifying that the material meets and or exceeds the material specifications of this SOW.

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C.11.5. Each COA shall include the following as a minimum:

C.11.5.1. Lot number.

C.11.5.2. Weight and number of containers the COA covers.

C.11.5.3. List of tests performed, and the methodology applied.

C.11.5.4. Numerical results and qualitative results.

C.11.5.5. Particle Size Analysis results.

C.11.5.6. Percentage of LOI results.

C.11.5.7. Radioactive Analysis results.

C.11.5.8. Percent combined Thorium and Uranium content by weight results.

C.11.5.9. Percent Thorium content by weight result.

C.11.5.10. Percent Uranium content by weight result.

C.11.5.11. Results of all chemical analysis.

C.11.5.12. Error ranges/limits for results.

C.11.5.13. Specifications/requirements.

C.11.5.14. Name of the company or name of the laboratory performing the analysis.

C.11.5.15. Date each analysis is performed.

C.11.5.16. Printed name and signature of analyst.

C.11.7. Each COA shall be sent to the COR for review and acceptance prior to the shipment of each lot.

C.11.8. The Government will review each COA submitted to determine acceptability and conformance with the requirements stated in the SOW. The COR will notify the Contractor of the acceptability/unacceptability of each COA within twenty (20) business days after receipt of each COA.

C.11.9. The Contractor shall not ship any lot of material prior to the review and acceptance of each submitted COA by the Government.

C.11.10. The COA and all other documents the Contractor submits to the Government shall be in English.

C.12. Packaging Requirements

C.12.1. Performance of all activities associated with SOW Section C.12, to include both packaging and re-packaging, shall occur within CONUS or Alaska. The Contractor shall ensure no Government material or samples of Government material leave CONUS or Alaska; with the only exception being transportation by land of material from Alaska through Canada to CONUS.

C.12.2. Drum requirements. The material shall be packaged in new UN 1A2 rated steel drums with a rated capacity of 30 gallons or metric equivalent capacity. Only steel drums with a UN rated packaging group “X” shall be utilized by the Contractor.

The Contractor shall package all material delivered throughout the performance of this SOW in the same size and type (identical in all aspects) of drum. The Contractor shall submit detailed design drawings and manufacturer’s certifications for all steel drums proposed for use under this SOW for review and acceptance approval from the Government prior to their utilization. No steel drums shall be utilized that have not been preapproved for use under this SOW by the Government.

CONTINUATION SHEET SP8000-24-R-0003 PAGE 20 OF 70 PAGES

C.12.2.1. All steel drums:

C.12.2.1.1. Shall be new. Used, recycled, repaired, remanufactured, or refurbished drums are not acceptable.

C.12.2.1.2. Shall be clearly labeled (in a permanent fashion) with the drum UN rating information.

C.12.2.1.3. Shall have a bolt and ring closure and an open-head lid with one 2”

National Pipe Thread (NPT) and one 0.75” NPT bung hole with installed bung plugs.

C.12.2.1.4. Shall have a synthetic elastomer gasket to prevent the admission of moisture. The chemical resistance of the gasket’s elastomer shall be appropriate for the contents of the drum.

C.12.2.1.5. Shall have interiors and exteriors that are hot dipped galvanized or painted with a rust preventive coating.

C.12.2.1.6. Shall contain a polyethylene liner. Each polyethylene liner shall be a minimum of eight (8) mils in thickness.

C.12.2.1.6.1. Every polyethylene liner shall be heat sealed or goose-necked and secured with a steel tie to contain the release of material.

C.12.2.1.6.2. The Contractor shall submit detailed specifications for the proposed polyethylene liners for use under this SOW for review and acceptance/approval from the Government prior to their utilization.

C.12.2.1.6.3. No polyethylene liners shall be utilized that have not been preapproved for use under this SOW by the Government.

C.12.2.2. No single loaded drum shall weigh more than the gross weight listed within the UN rating of the drum that has been pre-approved by the Government. (E.g. a loaded drum with a UN rating of UN 1A2/x235/S shall not weigh more than 235 kg., a loaded drum with a UN rating of UN 1A2/x220/S shall not weigh more than 220 kg., etc.).

C.12.2.3. A copy of the drum manufacturer’s certification shall be packaged with each shipment representing all drums in that shipment. This certificate shall be in English.

C.12.2.4. Upon delivery, the drums shall be intact and shall be free of damage.

Containers shall be free of contamination and leaks.

C.12.3. Palletizing Requirements. Drums shall be placed in a single layer onto new undamaged pallets meeting the specifications listed below and be banded/shrink wrapped together to prevent drum movement during handling, transportation, or other operations where drums and/or personnel could be damaged and/or injured if the drums shift. Drums shall not be double stacked on a pallet. The Contractor shall submit detailed design drawings and manufacturer’s certifications for all pallets proposed for use under this SOW for review and acceptance approval from the Government prior to their utilization. No pallets shall be utilized that have not been preapproved for use under this SOW by the Government. The use of used, recycled, repaired, remanufactured and/or refurbished pallets will not be acceptable.

C.12.3.1. Wooden Pallet Design. All pallets shall:

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C.12.3.1.1. All pallets shall be approximately 48 inches deep (front to back) and 48 inches wide (side to side) in size.

C.12.3.1.2. All pallets shall contain four (4) full length, solid stringers. One stringer shall be located at each edge (side) and two stringers shall located in the interior of all pallets. Interior stringers shall be spaced 18 1/2 inches (on center) from the outside of each edge (side). Stringers shall be 1 5/8 inches in width and 3 ½ inches in height. Segmented, composite and/or block stringers will not be acceptable.

C.12.3.1.3. All pallets shall have flush sides (e.g., no wings).

C.12.3.1.4. All pallets shall contain “top decking” and “bottom decking” boards.

Decking boards shall be six (6) inches in width for the lead boards and

3.5 inches in width for the interior boards. All decking boards shall be ¾ inches in thickness and be solid.

C.12.3.1.5. All pallets shall be of a “two-way entry” configuration.

C.12.3.1.6. Pallets may be reversible in design.

C.12.3.1.7. All pallets shall have a minimum rated load capacity of greater than

1,000 pounds per square foot.

C.12.3.2. Wooden Pallet Construction.

C.12.3.2.1. All pallets shall satisfy the requirements listed in ASTM D6199-18a.

C.12.3.2.2. All pallets shall be constructed entirely (except fasteners) of high-density hardwood meeting the requirements of paragraph 6 of ASTM D6199-18a. Only high-density hardwood species categorized in “Group IV” of ASTM D6199-18a shall be acceptable for pallet construction. The only acceptable high density hardwood species used for pallet construction are Beech, Birch, Hackberry, Hard Maple, Hickory, Oak (Eastern), Pecan, Rock Elm, American Elm, White Oak and Green Oak.

Pallets may be constructed by mixing together or using different high density hardwood species listed above interchangeably.

C.12.3.2.3. All pallets shall satisfy the requirements listed in ISPM-15 (International Standards for Phytosanitary Measures Number 15) (e.g., heat treated etc.).

C.12.3.2.4. Only driven nails that are “helically” threaded, “Annularly” threaded or “fluted” shall be acceptable for use in pallet construction. The fastener length shall be sufficient to provide a minimum penetration of 1 ¼ inches into the stringer.

C.12.3.3. A copy of the Safety Data Sheet (SDS) for the contained material shall be provided external to the packed material with each lot delivery. In accordance with The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), the SDS shall contain the chemical name and concentration or concentration range of all ingredients which are classified as health hazards and are:

present above their cut-off/concentration limits or present a health risk below the cut-off/concentration limits. The SDS shall be in English.

C.12.3.4. The packaging of any radioactive material shall satisfy any other requirements prescribed in NRC Part 71 – Packaging and Transportation of Radioactive Material, in addition to the requirements of SOW Section C.12.

CONTINUATION SHEET SP8000-24-R-0003 PAGE 22 OF 70 PAGES

C.13. Labeling Requirements

C.13.1. All drums shall be identified with attached tags(s)/label(s) that satisfy the below requirements:

C.13.1.1. The font size utilized to enter the required information on each tag/label shall be of sufficient size to be legible to the unaided eye.

C.13.1.2. All information on tag(s)/label(s) shall be in English.

C.13.1.3. Any ink used to print tags/labels shall be indelible, permanent, and suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. The use of paint on tags/labels to enter the required information on each tag/label is not acceptable.

C.13.1.4. Embossment to enter the required information on each tag/label is an acceptable method. Each letter and number shall be completely, individually, and legibly embossed with the embossed surface raised a minimum of 0.005 inch above the flat obverse tag surface.

C.13.1.5. The tag/label material shall be durable and suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. The tag/label material shall not react with the commodity being tagged/labeled.

C.13.1.6. Tag/label material shall have an expected lifespan of a minimum of twenty years with no degradation.

C.13.1.7. All tags/labels shall be of sufficient size to permit the listing of all required information.

C.13.2. The information in items C.13.2.1 through C.13.2.10 below shall be listed on each tag/label. The marking shall not include a security classification or anything indicating DLA Strategic Materials ownership other than the contract number, purchase specification number and date.

C.13.2.1. Commodity Name C.13.2.2. Commodity Grade, Type, or Form C.13.2.3. Country of Origin C.13.2.4. Producer Name C.13.2.5. Gross Weight in pounds and metric units. (Metric units to be in parentheses) C.13.2.6. Net Weight in pounds and metric units. (Metric units to be in parentheses) C.13.2.7. Lot Number C.13.2.8. Drum Serial Number. (The serial number is the individual drum number in relation to the total number of drums in the lot; (e.g., drum 6 of 33 drums in the lot.))

C.13.2.9. Government Contract Number C.13.2.10. Manufacturer’s Specification, Name, Number and Date

C.13.3. Tags/labels shall be attached to each drum in a permanent manner that prevents accidental detachment. The means of attachment shall be suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist.

Attachment by mechanical means (e.g., wire) or adhesive means (e.g., glue, adhesive backed tag/label etc.) are acceptable. Tags/labels shall be pre-formed to the surface to which it will be attached (e.g., a tag to be attached to the curved exterior surface of a drum shall be pre-formed to the same curvature as the drum to ensure proper attachment of the tag).

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C.13.4. Three tags/labels shall be attached to each drum.

C.13.4.1. All drums shall have tags/labels attached at three locations on each drum.

One tag/label shall be attached to both flat surfaces of the cover/lid (interior and exterior surfaces of each cover/lid). Additionally, one tag/label shall be attached on the side of each drum midway down on the exterior surface of the container.

C.13.5. If the material is considered hazardous as defined by OSHA 29 CFR 1910.1200 and/or the United Nations GHS, a label shall be prepared and affixed to each drum in accordance with those requirements.

C.13.6. In accordance with The…