Attachment 2 - SOW_Graphite Flake_Updated.docx

CUI

DEFENSE LOGISTICS AGENCY

DLA CONTRACTING SERVICES OFFICE – COLUMBUS DIVISION 3

3990 EAST BROAD STREET

COLUMBUS, OHIO 43218-3990

Statement of Work Natural Graphite Flake

BACKGROUND

Natural Graphite Flake is a key component of many systems and processes used by the Department of Defense (DoD), including metallurgical systems, lubrication, fire shielding and shielding. This statement of work (SOW) is specifically looking at the acquisition of natural graphite flake for end uses in lithium-ion batteries. These batteries are used extensively throughout numerous DoD systems. As graphite goes through several processing steps between mining and end use in battery anode materials, this acquisition is going to focus on purified flake without any spheronization or coating, to allow for maximum end usability in the case of national emergency.

DLA Strategic Materials received Congressional authority to procure natural flake graphite. Through research on graphite, the Government determined to procure natural graphite flake for end uses in lithium-ion battery anodes for the National Defense Stockpile (NDS).

SCOPE

To reduce the risk of availability in the graphite flake supply chain, DLA Strategic Materials intends to purchase natural graphite flake with estimated values shown in Table 1 over a five-year ordering period. DLA Strategic Materials received authority to procure natural graphite flake in the FY2025 National Defense Authorization Act (NDAA).

Table 1: Estimated planned procurement quantities and schedule for natural graphite flakeControlled by: DCSO-C3 CUI Category: General Procurement and Acquisition / Source Selection Information see FAR 2.101 & 3.104 Applicable Distribution: DLA/J6/Strategic Materials/DCSO POC: Charli Soren, Contract Specialist; (804) 980-5168 Rachel Leak, Contracting Officer; (804) 489-2978

*Total quantity +/- 1.0%

* Disclaimer: Table 1 provides an estimate of delivery orders and quantities. The government is not obligated to issue the estimated delivery orders.

REFERENCE

The following are incorporated by reference:

a) Harmonized Tariff Schedule, the Tariff Act of 1930, and the Trade Act of 1974

b) United States (US) Customs and Border Protection (CBP) Form 7501

c) US CBP Form 6059, General Declaration

d) US CBP Form 5106 (Request for Importer Number, or Notification of Importer Number)

TECHNICAL REQUIREMENTS

The following sections define the requirements for the material the Contractor shall provide.

1.

2.

3.

4.

4.1. MATERIAL DESCRIPTION

4.1.1 Natural Graphite Flake

4.1.1.1 The material shall be -100 mesh natural graphite flake with properties as indicated in Table 2. The material shall not be spheronized nor coated.

4.1.1.2 Table 2. Specifications for Natural Graphite Flake

4.1.1.3 All graphite flakes the contractor delivers to the government shall conform to the elemental requirements in Table 2. The contractor’s methods, materials, processes, policies, and practices shall also conform to all requirements of ASTM B391-18 Type 1 R04200 unless otherwise required in this SOW.

4.1.1.4 The Contractor shall ensure the material from each production lot is segregated from the material from any other production lot. Co-mingling of multiple production lots into one larger lot will not be accepted. The Contractor shall assign a unique lot number to each production lot.

SAMPLING

5.

5.1. The Government will witness the Contractor’s sampling operations for each lot of material the Contractor intends to deliver to the Government to ensure compliance with the Sampling Plan. All sampling operations must take place within CONUS.

5.2. The Government reserves the right to waive witnessing of the sampling process on a case-by-case basis.

5.3. The Contractor shall permit the Government access to activities associated with sample collection and distribution at the time the Contractor is manufacturing each lot of material the Contractor intends to provide to the Government.

5.4. The Contractor shall provide the Government with written notice of the date(s) the Contractor intends to begin processing, sampling, and testing activities of lots of material it intends to provide to the Government, a minimum of twenty (20) business days prior to that date.

5.5. The contractor shall submit a Sampling Plan for graphite flake with their proposal. The Contractor's Sampling Plan shall clearly describe their sampling process and how it produces a sample that is representative of the lot. The Sampling Plan shall cite any relevant sampling standards used for sampling, as applicable. The sampling plan shall provide supporting documentation showing that the sampling practice produces a sample that is representative of the lot (e.g. cite a standard, cite an industry practice, cite data demonstrating the sample is representative, etc.)

5.5.1 The Contractor shall provide the Government with a written summary (via email and in PDF format) of its sampling plan and activities no later than thirty (30) business days prior to sampling of any material the Contractor intends to provide to the Government.

5.5.2 The Contractor shall not make any changes to their Sampling Plan without the explicit written approval of the Quality Assurance Specialist (QAS). If the Contractor wishes to make changes to the approved Sampling Plan, the Contractor shall submit a complete and revised proposed Sampling Plan for approval to the QAS. The QAS will advise the Contractor whether the revised proposed Sampling Plan is acceptable within seven (7) calendar days of receipt of the revised Sampling Plan. All sampling will be in accordance with the approved Sampling Plan.

5.6. The Contractor shall collect three equivalent samples for each lot of material the contractor intends to supply to the Government – a government sample, an analytical sample, and a reserve sample (laboratory reserve). All three samples shall be of the same size and form and shall be representative of the chemical properties of the lot of material. All three samples shall have a minimum sample size that satisfies the requirements of the laboratory for sample size.

5.7. The Contractor’s sampling process and procedures shall be consistent with the sampling process and procedures the Contractor typically uses for this material for other customers, unless otherwise specified.

5.8. The Contractor shall ship the Government’s sample for each lot with each lot of material it delivers to the Government.

5.9. The Contractor shall ship the reserve sample for each lot to a location as specified by the QAS.

5.10. The Contractor shall maintain and document chain of custody of both the analytical and reserve samples for each lot of material. The Contractor shall also document any transfer of physical custody of either or both the analytical and reserve samples, while maintaining legal custody of both those samples. The Contractor shall supply all chain of custody documents to the Government within seventy-two (72 hours) of the Government’s request for chain of custody documents.

TESTING

6.

6.1. Performance of all testing operations associated with this SOW shall occur within the Continental United States (CONUS).

6.2. The Contractor shall submit a testing plan with their proposal. The testing plan shall include, at a minimum:

a) A summary description of sample preparation techniques

b) A summary description of methodology and instrumentation (as applicable) the lab will employ for each required data value in this SOW’s material specifications

c) Any significant assumptions a lab might elect to make that are beyond the accepted assumptions made for chemical analysis (instruments and wet chemistry)

d) An acknowledgement of the safety portion of the SDS for the specific material being tested

6.3. The Contractor shall not make any changes to their testing plan without the explicit written approval of the Quality Assurance Specialist (QAS).

6.4. If the Contractor wishes to make changes to the approved Testing Plan, the Contractor shall submit a complete and revised proposed Testing Plan for approval to the QAS. The QAS will advise the Contractor whether the revised proposed Testing Plan is acceptable within seven (7) calendar days of receipt of the revised Testing Plan. All testing will be in accordance with the approved Testing Plan.

6.5. The contractor shall provide the Government with written notice of the date(s) the contractor intends to begin testing operations of material it intends to deliver to the Government, a minimum of twenty (20) business days prior to that date.

6.6. To verify Contractor’s compliance with the Testing Plan, the Government will witness the Contractor’s testing operations for each lot of material the Contractor intends to deliver to the Government. The Government may waive this requirement, temporarily or permanently, at any time.

6.7. The Contractor shall permit the Government full access to all areas where the Contractor’s testing operations take place.

6.8. The Government will reject material as a non-compliant deliverable if the contractor does not comply with the Testing Plan.

6.9. The Contractor shall test a sample that is representative of each lot, generating data that demonstrates the lot meets or exceeds the requirements set forth in Section 4 – Technical Requirements of this SOW, and report that data to the Government in its COA for each lot.

6.10. The Contractor shall only deliver lots of material to the Government where the Government has witnessed testing operations (unless the Government waives this requirement temporarily or permanently) and the Government has determined the Contractor’s testing operations comply with the Testing Plan. The Government will advise the Contractor whether or not their testing operations are in compliance with the Testing Plan no later than seven (7) calendar days after witnessing the testing operations.

6.11. In the event the Government's verification testing of the material indicates the contractor's material is non-compliant, the contractor and Government will agree upon an independent third-party laboratory for an umpire analysis. If the results of the independent third-party's analysis are favorable to the contractor, the government shall accept the analytical results as evidence of technically acceptable material with respect to Section 4 - Technical Requirements of this SOW. The government will credit the contractor the amount of the independent third-party analysis. In the event the results of the independent third-party's analysis are favorable to the Government; (1) the Contractor shall bear all costs associated with the umpire analysis at the independent third-party laboratory; (2) the Government will reject the material as non-compliant; and (3) the contractor shall bear all costs associated with removal of non-compliant material from government property and replacement of the non-compliant material with compliant material.

CERTIFICATES OF ANALYSIS (COA)

7.

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

7.2. The COA is a legal document, which ensures that the materials delivered by the contractor meet the specifications stated in this SOW. The Government will determine based on the COA if the lot(s) of the material are acceptable for delivery. The Contractor shall carefully sample and test the material to ensure the reliability of each submitted COA.

7.3. The COAs shall be provided by email in the Adobe Acrobat PDF (portable document format) format to the Government for review and acceptance prior to shipping any lot(s) to the point of delivery. The email address for submitting the COAs will be designated in the Contract.

7.4. The COA shall have a statement certifying that the material meets and or exceeds required material specifications.

7.5. The Government POC will review every COA submitted to determine acceptability and compliance with the requirements in this SOW within ten (10) business days after receipt of the COA.

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

7.7. Each COA shall include the following, at a minimum:

a) Lot number

b) Weight and number of containers the COA covers

c) List of tests performed and/or the methodology applied. The Contractor shall include any significant assumptions made, other than typical assumptions for test methodology, as a footnote to the reported value.

d) Numerical results and qualitative results (as applicable)

e) Error ranges/limits for results

f) Specifications/requirements

g) Name of the company or name of the laboratory performing the testing

h) Date(s) each analysis is performed, and

i) Printed name and signature of analyst.

7.8. The COA and all other documents submitted to the Government shall be in English.

7.9. The Contractor shall submit with their proposal a sample COA of graphite flake from past deliveries.

ENVIRONMENTAL, SAFETY, AND OCCUPATIONAL HEALTH REQUIREMENTS

8.

8.1. Transporting, Handling, and Management

8.1.1 The Government shall ensure compliance with all federal, state, and local regulations (international laws, as applicable) for the use, transport, emergency response, and disposal of the acquired material.

8.1.2 The Contractor shall ensure compliance with the Department of Transportation (DOT) regulations by certifying hazardous materials are properly classified, described, packaged, marked, and labeled and are in a condition safe to transport the material. (49 CFR 173)

8.1.3 The Contractor shall ensure compliance with the Occupational Safety and Health Administration (OSHA) regulations regarding the proper management, handling, storage, transportation, and disposition of material. (29 CFR 1910)

8.1.4 The Contractor shall communicate the hazards of the material by providing the Safety Data Sheet (SDS) in accordance with The United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). (29 CFR 1910)

8.1.5 The Contractor shall ensure compliance with the Environmental Protection Agency (EPA) regulations for the characterizing waste to determine appropriate disposal of material and any associated packing and shipping material. (40 CFR 260)

8.1.6 The Contractor shall ensure compliance with Strategic Materials’ Environmental, Safety, and Occupational Health (ESOH) Depot Orientation Guide and ESOH Policy Statement available on Strategic Materials website: https://www.dla.mil/Strategic-Materials/ .

PACKAGING

9.

9.1. Material shall be packaged in new UN 1A2 compliant steel drums with a rated capacity of 55 gallons or metric equivalent capacity; no more than four drums per pallet.

9.2. 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.

9.3. 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.

9.4. No steel drums shall be utilized that have not been preapproved for use under this SOW by the government.

9.5. The steel drums shall be new. Use of used, recycled, repaired, remanufactured or refurbished drums will not be acceptable.

a) The steel drums shall have a bolt and ring closure.

b) The steel drums shall have a gasket made of a synthetic elastomer to prevent the admission of moisture and to prevent leakage of its contents, especially fine particulates. The gasket’s material shall have a chemical resistance consistent with the contents of the drum.

c) Both the steel drums’ exteriors and interiors shall be hot dipped galvanized or painted with a rust preventive coating.

d) A copy of the drum manufacturer’s certification shall be packaged with each shipment representing all drums in that shipment.

9.6. Upon delivery, the drums shall be intact, free of damage, contamination and leaks.

9.7. PALLETIZING REQUIREMENTS

9.7.1 All container/items shall be placed onto new undamaged pallets meeting the specifications listed below and be banded together to prevent container/item movement during handling, transportation or other operations where containers/items and/or personnel could be damaged and/or injured if the container/item shifts. The use of used, recycled, repaired, remanufactured and/or refurbished pallets will not be accepted.

9.7.2 Pallet Design

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

b) All pallets shall contain four (4) full length, solid stringers. One stringer shall be located at each edge (side) and two stringers shall be 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) All pallets shall have flush sides (e.g. no wings).

d) All pallets shall contain “top decking” and “bottom decking” boards. All decking boards shall be six (6) inches in width with no more than one (1) inch between boards. All decking boards shall be ¾ inches in thickness and be solid.

e) All pallets shall be of a “two-way entry” configuration.

f) Pallets may be reversible in design.

g) All pallets shall have a minimum rated load capacity of 750 pounds per square foot.

9.7.3 Pallet Construction

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

b) 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 interchangeability.

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

d) Only driven nails that are “helically” threaded, “Annularly” threaded or “fluted” will 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.

9.8. A copy of the Safety Data Sheet (SDS), specific for each grade of the contained material, shall be accessible and external to the packed material with each delivery. All packages shall meet all requirements presented in Section 8 to ensure compliance with Federal, state, and local regulations for the transporting, handling, and management of material.

LABELING

10.

10.1. All individual containers shall be identified with attached tags(s)/label(s) as follows:

a) 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.

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

c) Any ink used to print tag(s)/label(s) 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.

d) 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.

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

f) All tag(s)/label(s) shall be of sufficient size to permit the listing of all required information.

10.2. The information in items a) through k) below shall be listed on each tag/label or included with the container. The marking shall not include a security classification or anything indicating DLA Strategic Materials ownership other than the contract number.

a) Commodity Name

b) Commodity Grade, Type or Form

c) Merge Number

d) Country of Origin

e) Producer Name

f) Producer’s part number

g) Gross Weight in pounds and metric units. (Metric units to be in parentheses.)

h) Net Weight in pounds and metric units. (Metric units to be in parentheses.)

i) Lot Number

j) Container Serial Number. (The serial number is the individual container number in relation to the total number of containers in the lot; e.g. container 25 of 100 containers in the lot.) Each container will be permanently marked on opposite ends with that container’s serial number corresponding to that container’s particular lot.

k) Government Contract Number

10.3. Tag(s)/Label(s) shall be attached to each container 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.

10.4. One tag/label shall be attached to the exterior of each drum container in a permanent manner that prevents accidental detachment. A second tag/label shall be attached to the topside of the lid of each drum. A third tag/label shall be attached to the underside of the lid of each drum. The means of attachment shall be suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. Attachment by adhesive means (e.g., glue, adhesive backed tag/label etc.) is acceptable.

10.5. All packages shall meet all requirements presented in Section 8 to ensure compliance with Federal, state, and local regulations for the transporting, handling, and management of material.

TRANSPORTATION

The Contractor shall be responsible for transport, as well as for Carrier and Insurance Paid to (CIP) of the material to the point of delivery: the Government Storage Depot in Hammond, IN.

DELIVERY

11.

12.

12.1. The Contractor shall deliver materials to the Government Storage Depot (delivery point) at the following address:

Defense Logistics Agency – Strategic Materials Hammond Depot 3200 Sheffield Avenue Hammond, Indiana 46327-1003 Telephone: TBD Site Manager: TBD

12.2. The Contractor shall schedule all deliveries a minimum of ten (10) business days in advance of their delivery with the QAS. Deliveries will only be accepted between the hours of 7:30 AM – 2:30 PM (EST), Monday – Friday (excluding federal holidays).

12.3. The contractor must plan delivery of material so that no more than four trucks arrive per day.

12.4. Delivery Orders issued against this IDIQ contract shall have a delivery period not to exceed 24 months.

INSPECTION & ACCEPTANCE

13.

13.1. DLA personnel will perform in-depth visual inspections of material upon transferring to DLA custody at the final delivery point to verify conformance with the requirements stated in the SOW that can be verified visually.

13.2. The Government reserves the right to sample and test each lot of material received to verify the material meets the material specifications set forth in the SOW.

13.3. The QAS will provide written notification of the acceptance of each delivered lot of material to the Contractor within twenty (20) calendar days of delivery. The Contractor shall not submit an invoice until the QAS has issued a written notification of acceptance of each lot of material delivered.

13.4. The QAS will coordinate with the Contracting Officer (KO) in the event a delivered lot of material is rejected. The KO will provide written notification of the rejection of the delivered lot of material to the Contractor within twenty (20) calendar days of delivery. The Contractor shall not submit an invoice until the QAS has issued a written notification of acceptance of each lot of material delivered.

13.5. If any delivered lot of material or other deliverable does not conform to the requirements stated in the SOW, the Government reserves the right to reject the non-conforming material.

13.6. Material rejected based on non-compliance is to be replaced at no cost to the Government. The Contractor shall be responsible for removal and replacement of rejected lots of material, including all attendant costs, within ninety (90) calendar days of the final delivery.

ACRONYMS:

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