SP800025R0003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7010131013

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP8000-25-R-0003

5. SOLICITATION NUMBER

2025 MAR 10

6. SOLICITATION ISSUE

DATE

Adam STEELE DAS0202

a. NAME

Phone: DSN312-850-12

b. TELEPHONE NUMBER (No Collect calls)

2025 APR 10

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP8000

DCSO COLUMBUS DIVISION #3

3990 EAST BROAD STREET

COLUMBUS OH 43218

USA

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

335991NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

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 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

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

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

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

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE 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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 48 PAGES

SP8000-25-R-0003

SOLICITATION INFORMATION:

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

2)Solicitation SP8000-25-R-0003 is a Request for Proposals (RFP). DLA Contracting Services Office (DCSO) reserves the right to award and administer more than one contract. The Government reserves the right to not award all Contract Line Item Numbers (CLIN), if it proves to be in the best interest of the Government.

3)All offerors must be registered in the System Award Management (SAM) with the applicable NAICS code 331491, to be considered for award. The web site for registration is https://SAM.gov.

4)This solicitation document and incorporated provisions and clauses are those in effect through the:

a)Federal Acquisition Circular 2023-02, effective March 16, 2023.

b)Defense Federal Acquisition Regulation Supplement (DFARS) effective April 27, 2023.

c)Defense Logistics Agency Directive (DLAD) PROCLTR 2021-06, Revised August 30, 2022.

The complete text of any of the clauses, provisions and DLAD notes may be accessed in full at https://www.acquisition.

gov/browsefar and http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

5)This acquisition is a full and open competition. The applicable NAICS code is 335991 with a size standard of 900 employees.

6)DLA proposes to issue a contract to obtain 2,617 metric tons (MT) (Maximum) of ultra fine grain Iso Molded Graphite as defined in the attached statement of work. The Contractor shall provide and deliver Iso Molded Graphite for a period of performance of 36 months.

CLIN Material Weight (Maximum, MT) 0001 Iso-Molded Graphite 2,617

7) The Period of Performance for this requirement is a 36-month Base Period.

8)The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition.

9)The provision at 52.212-2, Evaluation--Commercial Items, applies; the only evaluation factors are: Technical Acceptability, Past Performance, Delivery, and Price.

10)A completed copy of FAR 52.213-3 Offeror Representations and Certifications-Commercial Items, applies to this acquisition and shall be submitted with your proposal if not available through SAM at https://www.sam.gov.

11)The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

12)The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition.

13) The clause at FAR 52.209-1 Qualification Requirements applies to the acquisition. Therefore, the material for the Iso-Molded Graphite must be from a qualified source.

14)Payment Terms: Net 30

15)This procurement is not rated under the Defense Priorities and Allocations System (DPAS).

SOLICITATION INSTRUCTIONS:

1. Questions or clarifications in response to the solicitation must be submitted NLT March 20, 2025, at 5:00 PM EDT.

Please submit all questions to the DCSO-F Contracting inbox at dcso-f2contracting@dla.mil, with a cc to Ronald.

Fairley@dla.mil and to Adam.Steele@dla.mil , with "SP8000-25-R-0003 Iso-Molded Graphite Solicitation Clarification Request" in the subject line. Please note, responses to questions and clarifications will be posted publicly to SAM.

gov. Please do not include proprietary information in your questions or clarifications that you do not want posted publicly.

2)Proposals shall not exceed fifteen (15) pages total, single-sided; shall be double-spaced, and no smaller than Size 12, Times New Roman font.

3)If you intend to submit a proposal, please ensure that you review and provide all the required submittals (see below) and complete all applicable fill-in clauses in the SF1449 – Solicitation – Provisions and Clauses, including signatures where applicable.

4)Submit your proposal in four (4) separate parts: technical proposal, past performance, delivery, and price. Each of the parts shall be divided and complete so that evaluation of each may be accomplished independently. The price proposal shall be submitted using the CLIN Structure found in Section B below; please propose unit price for each

CLIN.

5)The proposal acceptance period shall be 90 calendar days from the date of solicitation closing.

PAGE 4 OF 48 PAGES

SP8000-25-R-0003

6)Submit your proposal to dcso-f2contracting@dla.mil, with a cc to Ronald.Fairley@dla.mil and to Adam.Steele@dla.mil, with “SP8000-25-R-0003: Proposal” in the subject line by April 10, 2025, 3:00 pm EDT. Proposals submitted via US mail will not be accepted.

7)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.

SUBMIT WITH TECHNICAL PROPOSAL:

The offeror must provide the submittals listed in Section M "Evaluation Criteria" under Factor 1 Technical Approach, sub-paragraph 4 (Items A through F).

CONTACT INFORMATION

Contracting Office Address:

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

Primary Point of Contact:

Ronald Fairley, Contracting Officer Phone: 571-363-7069 Email: Ronald.Fairley@dla.mil

Secondary Point of Contact:

Adam Steele, Contract Specialist Phone: 614-753-6000 Email: Adam.Steele@dla.mil

ATTACHMENTS:

Attachment 1 DLA Strategic Materials Depot On-Site Rules Attachment 2 Performance Requirements Summary Table (PRST) Attachment 3 Iso-molded Graphite Government Inspection Report Attachment 4 Hammond Depot ESOHMS Orientation Guide (2023)

PAGE 5 OF 48 PAGES

SP8000-25-R-0003

SECTION B

SUPPLIES/SERVICES: 9620-N30000323

ITEM DESCRIPTION:

Iso-Molded Graphite

DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK

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

0001 9620-N30000323 2,617.000 MT $ ________________ $ ________________

Graphite

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2028 AUG 04

PREP FOR DELIVERY:

WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.

SP8000

DCSO COLUMBUS DIVISION #3

3990 EAST BROAD STREET

COLUMBUS OH 43218

US

SP8000

DCSO COLUMBUS DIVISION #3

3990 EAST BROAD STREET

COLUMBUS OH 43218

US

GOVT USE

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

0001 7010131013 0001 N/A N/A N/A 11/25/2024

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SECTION A - SOLICITATION/CONTRACT FORM

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

Contract Line-Item Number (CLIN) Schedule

Defense Logistics Agency Strategic Materials (DLASM) intends to purchase and store an inventory of up to 2,617 metric tons (MT) of Iso-Molded Graphite, divided as in the table below, with CLIN 001 being for purchase and delivery of the minimum/maximum quantity measured in MT. The Contractor shall provide and deliver Iso-Molded Graphite for a base period of performance of 36 months with no option periods.

The Government may award for quantities between the stated minimums and maximums, with final award quantities being based on offered prices-per-MT (unit prices) established below.

Below is a list of Contract Line-Item Numbers (CLINs) for a 36-month base period of performance with no option periods:

CLIN 0001 -Iso-Molded Graphite

Iso-Molded Graphite as defined in the SOW. The price of the Iso-Molded Graphite reflects the cost of all material, packaging, labeling, handling and transportation, sampling and testing, quality control, documentation, profit, insurance, and all other cost incurred to provide the Iso-Molded Graphite up to the point of Government acceptance.

Maximum Quantity: 2,617

Unit: Metric Ton

Unit Price $____________________

Amount $ _____________________

Quantity variance: ±1%

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SP8000-25-R-0003

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

** If applicable, offerors shall notify the Government of price breaks that are offered at any point(s) between the minimum and maximum quantities.

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

Section C - Statement of Work

1. SCOPE OF WORK

The Defense Logistics Agency (DLA) Strategic Materials, also referred to in this document as the Government, intends to procure Iso-statically Molded Synthetic Graphite (Iso-molded Graphite). DLA Strategic Materials received congressional appropriations to procure iso-molded graphite in the fiscal year (FY) 2024 through the Consolidated Appropriations Act. DLA Strategic Materials intends to award a single, Firm Fixed Price (FFP) contract to procure this material. The acceptable variance of material quantity for acceptance is ± 1%.

2. APPLICABLE DOCUMENTS

The following documents apply to this SOW:

2.1 Occupational Safety & Health Administration (OSHA) 29 CFR 1910.1200.

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

2.3 Department of Transportation (DOT) Hazardous Materials Regulations (49 CFR 170- 189).

3. TECHNICAL REQUIREMENTS

The following sections define the requirements for the material, material packaging, labeling and material transportation.

3.1 Material Description

3.1.1 The Contractor shall provide a list of specifications/standards that the material they intend to deliver to the Government satisfies. The material delivered shall be qualified for end-product DoD usage, and the Contractor shall provide at least one end product to which the material is qualified. The specification/standards the Contractor lists shall satisfy the specifications listed in Table 1.

Table 1: Iso-molded Graphite Material Specifications

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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

3.1.2 The Contractor shall indicate which type, class, and/or grades of material they intend to deliver to the

Government. The Contractor shall include a copy of that specification or standard demonstrating type, class, and/or grade in their proposal.

3.1.3 Each lot shall consist of that quantity of iso-molded graphite that has been subjected to the same physical processes intended to make the final product identical. A lot shall consist of one or more acceptable batches of material produced by one manufacturer in accordance with one specification and revision under one continuous set of operating conditions. The Contractor shall ensure that the material from each production lot is segregated from the material from any other production lot. Comingling of multiple production lots into one larger lot will not be accepted.

3.1.4 The Contractor shall assign a unique lot number to each production lot.

4. CERTIFICATE of ANALYSIS (COA)

4.1 The Contractor shall provide a COA for the contained material within each production lot.

4.2 A production lot is defined as the material produced by the same bench for a bench- wise production process, or the same operating shift for a continuous process.

4.3 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 are acceptable for delivery. The Contractor shall carefully sample and test the material to ensure the reliability of each submitted COA.

4.4 The COAs shall be provided by email in the Adobe Acrobat PDF (portable document format) format to

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.

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

4.6 Each COA shall include the following as a minimum:

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SP8000-25-R-0003

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

a. Lot number.

b. Weight and number of billets 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 (i.e. Material is calcined, thus all free sulfur is converted to sulfate.)

d. Numerical results and, as applicable, qualitative results.

f. Error ranges/limits for results.

g. Specifications/requirements.

h. Name of the company or name of the laboratory performing the analysis.

i. Date each analysis is performed.

j. Printed name and signature of analyst.

4.7 Each COA shall be sent to the Contracting Officer Representative (COR) for review and acceptance prior to the shipment of each lot.

4.8 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.

4.9 The Contractor shall not ship any lot of material prior to the review and acceptance of each submitted

COA by the Government.

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

5. SAMPLING and GOVERNMENT VERIFICATION

5.1 The Government reserves the right to verify the Contractor's sampling operations (sample collection, sample preparation, sample specimen preparations, etc.) comply with the Contractor's submitted Sampling Plan.

5.2 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.

5.3 The Government reserves the right to witness the sampling and/or testing of each lot's samples of material the Contractor intends to deliver to the Government. The Contractor shall permit the Government access to activities associated with sample collection and distribution including aggregate sample preparation and sample specimen preparation. This is to be done at the time that the Contractor is performing sampling operations on each lot of material that the Contractor intends to deliver to the Government.

6. PACKAGING

6.1 Each billet of iso-molded graphite shall be fully enclosed in cardboard packaging. The Contractor shall package all billets delivered throughout the performance of this SOW in the same type (identical in all aspects) of packaging. All cardboard shall be new. The use of previously used cardboard is not acceptable. The Contractor shall submit detailed specifications of the type of packaging proposed for use under this SOW for review and approval by the Government prior to its utilization. No packaging shall be utilized that has not been pre-approved for use under this SOW by the Government.

6.2 Palletizing Requirements. Billets shall be placed onto new undamaged pallets meeting the specifications listed below and be banded/shrink wrapped together to prevent billet movement during handling, transportation, or other operations where billets and/or personnel could be damaged and/or injured if the billets shift. Billets

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SP8000-25-R-0003

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

can be stacked in multiple layers on a pallet, however the height of stacked billets shall not exceed forty-eight

(48) inches and the total weight of iso-molded graphite shall not exceed the rated weight capacity of the pallet pre-approved by the Government. The Contractor shall submit detailed design drawings and manufacturer's certifications for all pallets proposed for use under this SOW for review and approval by the Government prior to their utilization. No pallets shall be utilized that have not been pre-approved for use under this SOW by the Government. The use of used, recycled, repaired, remanufactured and/or refurbished pallets will not be acceptable.

6.2.1 Wooden Pallet Design. All pallets:

a. Shall be approximately 48 inches deep (front to back) and 48 inches wide (side to side) in size.

b. 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. Shall have flush sides (e.g., no wings).

d. 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.

e. Shall be of a “two-way entry” configuration.

f. May be reversible in design.

g. Shall have a minimum rated load capacity of greater than 1,000 pounds per square foot.

6.2.2 Wooden Pallet Construction. All pallets:

a. Shall satisfy the requirements listed in ASTM D6199-18a.

b. 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. Shall satisfy the requirements listed in ISPM-15 (International Standards for Phytosanitary Measures Number 15) (e.g., heat treated etc.).

d. Shall be constructed using only driven nails that are “helically” threaded, “Annularly” threaded or “fluted.” The fastener length shall be sufficient to provide a minimum penetration of 1 ¼ inches into the stringer.

6.2.3 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.

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SP8000-25-R-0003

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

7. LABELING

7.1 All packaged billets shall be identified with attached tags(s)/label(s) that satisfy the below requirements:

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 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.

d. 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.

e. 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.

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

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

7.2 The information in items A through J 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.

a. Commodity Name

b. Commodity Grade, Type, or Form

c. Country of Origin

d. Producer Name

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

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

g. Lot Number

h. Billet Serial Number. (The serial number is the individual billet number in relation to the total number of billets in the lot; (e.g., billet 6 of 33 billets in the lot.))

i. Government Contract Number

j. Manufacturer's Specification, Name, Number and Date

7.3 Tags/labels shall be attached to each billet 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 adhesive means (e.g., glue, adhesive backed tag/label etc.) are acceptable.

7.3.1 Three tags/labels shall be attached to each packaged billet.

7.3.2 All packaged billets shall have tags/labels attached at three locations on the exterior cardboard packaging surface of each individual packaged billet. One tag/label shall be attached to both

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SP8000-25-R-0003

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

ends of each individual packaged billet. A third tag/label shall be attached to one side of each individual packaged billet.

7.4 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 the exterior cardboard packaging surface of each individual packaged billet in accordance with those requirements.

7.5 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.

8. TRANSPORTATION

8.1 The Contractor shall be responsible for transport, as well as for Carrier and Insurance Paid To (CIP) of the material to the delivery point: the Government Storage Depot in Hammond, Indiana. The transportation of this material shall comply with all relevant Federal, State, and Local laws, including the DoT Hazardous Materials Regulations (49 CFR 170-189) where appropriate, including SDS documentation inclusion in shipping requirements.

8.2 The Contractor, its agents, and employees shall comply with the Environmental, Safety, and

Occupational Health (ESOH) Policy of DLA Strategic Materials as identified in the Hammond Depot ESOHMS Orientation Guide for Contractors and Visitors (see Attachment 4 for a copy of this guide) while in DLA Strategic Materials storage facility.

9. TARIFFS

9.1 Exemption of Tariffs. This purchase of iso-molded Graphite by DLA Strategic Materials is exempt from tariffs, according to the Harmonized Tariff Schedule, under the provisions of 19 U.S.C. 1202 (Line 9808.00.40, Strategic and Critical Materials Stock Piling Act), 19 U.S.C. 2461, 19 U.S.C. 2463 and 19 U.S.C.

3007 from the Art. I, sec. 8, U.S. Const., as for a strategic and critical material.

9.2 Forms of Exemption. The exemption forms shall be filed by the Contractor and executed on the

CBP Form 7501 (Entry Summary), where the code (9808.00.40, plus additional code entries) shall be entered on the form with the notation that the Duty and Internal Revenue Taxes are "0," along with the declaration (Form 6059, General Declaration). In addition, the Customs Service requires the Form 5106 (Request for Importer Number, or Notification of Importer Number), along with the invoice for the material, the packing list (if available or applicable), and shipping documents.

9.3 Signature of Certificate. The Form (along with its declarations/entries) shall be signed by an"Authorized Agent," who would be the same individual receiving the shipment.

10. DELIVERY

10.1 The Contractor shall deliver materials to the Government Storage Depot (delivery point) at the following address during the operations shown below:

Defense Logistics Agency Hammond Depot

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SP8000-25-R-0003

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

3200 Sheffield Avenue Hammond, Indiana 46327-1003 Telephone: -219-937-5383 Site Manager: Nathaniel Walsko

Shipping/Receiving hours: 7:00 am to 2:30 pm (Central Time) Monday through Friday (exceptions of federal, state, and local holidays and days of closure due to inclement weather and/or other emergencies)

Accessibility: Truck and rail.

10.2 The Contractor shall submit a COA for each lot to the COR for review and acceptance prior to shipment of each lot.

10.3 The Government will review each COA submitted to determine acceptability and compliance 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.

10.4 The Contractor shall be free to schedule each delivery with the COR only after the COA is accepted by the COR. The Contractor shall schedule in writing with the COR all deliveries a minimum of twenty (20) business days in advance of their delivery and receive written acceptance of the proposed delivery schedule from the COR prior to any shipping.

10.5 The Contractor shall deliver materials to the Government Storage Depot (delivery point in

Hammond, Indiana) within the shipping hours of 7:00 am to 2:30 pm (Central Time Monday through Friday (exceptions of federal, state, and local holidays and days of closure due to inclement weather and/or other emergencies).

10.6 All material deliveries shall be accomplished within the prescribed period of performance in this

SOW.

10.7 The Contractor shall abide by the rules, laws, and regulations when accessing/delivering the material to the Government Storage Depot (delivery point in Hammond, Indiana as identified in the Hammond Depot ESOHMS Orientation Guide for Contractors and Visitors (see Attachment 4 for a copy of this guide) while in DLA Strategic Materials storage facility.

11. ACCEPTANCE

11.1 The material inspection and acceptance location will be at the delivery point in Hammond, Indiana.

11.2 The Government will perform visual inspections of all material upon receipt at the delivery point to verify conformance with the requirements stated in this SOW that can be verified visually. The material's appearance shall be consistent with the following:

a. The material shall be uniform in quality and be free from visible impurities, foreign matter or other defects and be packaged and labeled in accordance with the requirements listed in this SOW.

b. Iso-molded Graphite shall have the characteristic graphite color and be in correct sized rectangular billets.

11.3 The Government will provide written notification of the

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acceptance/rejection of delivered material to the Contractor within ninety (90) calendar days of delivery. The Contractor shall not submit an invoice until the COR has issued a notification of Acceptance for the delivery.

11.4 If any delivered material does not conform to the requirements stated in the SOW or is not the same as that indicated on the COA, the Government will reject the nonconforming material. The Contractor shall be responsible for removal and replacement of rejected material, including all attendant costs, within ninety (90) calendar days of the final delivery. The Government reserves the right to ask for compensation for lost time.

ACRONYMS:

CIP Carrier and Insurance Paid to cm Centimeter COA Certificate of Analysis DLA Defense Logistics Agency DOT Department of Transportation ESOHMS Environmental, Safety, and Occupational Health Management System FOB Free on Board FY Fiscal Year GHS United Nations Globally Harmonized System of Classification and Labeling of Chemicals IATA International Air Transport Association IMO International Maritime Organization JDAM Joint Direct Attach Munitions Kgs Kilograms K Kelvin µ Micron Lbs Pounds Ω Ohm - Unit of electric resistance NDAA National Defense Authorization Act OSHA Occupational Safety and Health Administration SDS Safety Data Sheet SOW Statement of Work

Attachments

1. DLA Strategic Materials Depot On-Site Rules

2. Performance Requirements Summary Table (PRST)

3. Iso-molded Graphite Government Inspection report

4. Hammond Depot ESOHMS Orientation Guide - 2023

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (MAR 2023)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR

SECTION F - DELIVERIES OR PERFORMANCE

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52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000) FAR As prescribed in 11.503(a), insert the following clause in solicitations and contracts:

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $ per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default.Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default.Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

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

SECTION I - CONTRACT CLAUSES

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) DFARS

52.202-1 DEFINITIONS (JUN 2020) FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT - ALTERNATE I (NOV 2021) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

FAR

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR

As prescribed in 4.1804(d), insert the following provision:

(a) Definitions. As used in this provision -- Commercial and Government Entity (CAGE) code means --

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

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(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: .

(Do not use a “doing business as” name).

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) FAR

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

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (JAN 2023) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2024-O0013)

(MAY 2024) DFARS

(a) Definitions. As used in this clause

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI)

Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is --

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the

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integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data --Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract.

Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”, Revision 2 (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171).

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

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or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall --

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/ proprietary information, including such information submitted in accordance with paragraph (c).