SP800026D0002.pdf

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Attached to
Acid Grade Fluorspar (Acidspar) IDIQ Federal contract opportunity
Solicitation number
SP8000-26-D-0002
Issued by
Defense Logistics Agency

About this file

This is a Solicitation/Contract for Commercial Items (Standard Form 1449) for acid grade fluorspar (acidspar) issued by the Defense Logistics Agency (DLA) Strategic Materials. The contract (SP8000-26-D-0002) is an Indefinite Delivery Indefinite Quantity (IDIQ) agreement with Ares Strategic Mining, Inc. for a five-year period from 30 December 2025 to 29 December 2030. The contract has a minimum guaranteed amount of $2,000,000 and a maximum potential value of $250,000,000.

The procurement is aimed at reducing import reliance in the acidspar supply chain, with estimated procurement quantities ranging from 30,303,030 pounds in Year 1 to 189,189,189 pounds in Year 5, totaling approximately 559,268,129 pounds. The material will be used for semiconductor and metallurgical processing, primarily in hydrofluoric acid production. The contract includes specific technical requirements for the acidspar, such as a minimum 97% calcium fluoride content, specific chemical specifications, particle size distribution, and non-radioactivity standards. Deliveries will be made to the Hawthorne Army Depot in Nevada, with third-party testing required for each lot and strict sampling and certification protocols.

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP8000-26-D-0002

2. CONTRACT NO.

2025 DEC 30

3. AWARD/EFFECTIVE

DATE

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

DATE

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP8000

DCSO COLUMBUS DIVISION #3

3990 EAST BROAD STREET

COLUMBUS OH 43218

USA

Local Admin: Zoryanna Siemer DZS0006 Tel: DSN392-693-2222 Email: Zoryanna.Siemer@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

212390NAICS:

SIZE STANDARD:

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: PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

9Y1L9

ARES STRATEGIC MINING, INC.

1365 US - 6

DELTA UT 84624

USA

TELEPHONE NO. 6043451576

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

$168,938,267.30

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

Shaun Bunnell Shaun.Bunnell@dla.mil

31b. NAME OF CONTRACTING OFFICER (Type or Print)

2025 DEC 29

31c. DATE SIGNED

0000-00-00

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

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ,

HEREIN IS ACCEPTED AS TO ITEMS:

EDWOSB

Shaun Bunnell

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 34 PAGES

CONTINUED ON NEXT PAGE

SP8000-26-D-0002

SECTION A - SOLICITATION/CONTRACT FORM

STANDARD FORM 1449 NOTES / CONSIDERATIONS

The contract writing system used to execute this action contains limitations that can result in the creation of a final document partially inconsistent with what would be appropriate for certain agreements or contract actions. Please note the following with regard to this SF 1449:

Block 5 -- SOLICITATION NUMBER: SP8000-25-R-0020

Block 6 -- SOLICITATION ISSUE DATE: 2025 SEP 19

Block 7a -- NAME: Shaun T. Bunnell, Email: shaun.bunnell@dla.mil

Block 7b -- TELEPHONE NUMBER: 614-692-7712

Block 8 -- OFFER DUE DATE / LOCAL TIME: 2025 OCT 03 / 11:59PM EDT

Block 14 -- METHOD OF SOLICITATION: RFP

Block 26 -- TOTAL AWARD AMOUNT: The amount listed in this block, $168,938,267.30, represents the IDIQ award amount proposed.

The award of this IDIQ contract does not obligate funds.

A.1 ADMINISTRATIVE SUMMARY

Under the authority of FAR 16.504, the DLA Contracting Services Office - Columbus Division 3 (DCSO-C3) hereby awards Contract SP8000-26-D-0002 to ARES Strategic Mining Inc. (CAGE: 9Y1L9) for Acid Grade Fluorspar (acidspar). A delivery order covering the contract guaranteed minimum will be awarded immediately following the award of this IDIQ contract. Any further delivery orders will be placed as requirements surface.

A.1.1 MATERIAL DESCRIPTION

Description: Acid Grade Fluorspar (acidspar) PSC: 9620 / Material Code: N00001303 NAICS: 212390/ Size Standard: 600 employees

A.1.2 INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT INFORMATION

A.1.2.1 Contract Period. IDIQ SP8000-26-D-0002 is established as a single award, firm-fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract with one (1) five (5)-year base ordering period with yearly price increases beginning Year 2 based on the following:

Year 1: 30 December 2025 to 29 December 2026 Year 2: 30 December 2026 to 29 December 2027 Year 3: 30 December 2027 to 29 December 2028 Year 4: 30 December 2028 to 29 December 2029 Year 5: 30 December 2029 to 29 December 2030

A.1.2.2 The Government intends to acquire quantities based on the following IDIQ contract minimum and maximum:

Minimum: $2,000,000.00 (guaranteed) Maximum: $250,000,000.00

Under an IDIQ contract agreement, DCSO-C3 agrees to procure quantities of Acid Grade Fluorspar (acidspar) to cover only the guaranteed minimum stated in this contract. As such, the contractor shall receive an initial delivery order for acidspar following the award of this IDIQ mailto:shaun.bunnell@dla.mil

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 34 PAGES

SP8000-26-D-0002

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

contract, at which time the minimum guaranteed amount will be obligated. Once the minimum guaranteed amount has been met, the Government is under no obligation to place orders for additional quantities against this contract. Additional orders for acidspar may be placed up to the stated maximum for the IDIQ contract, if the Government requires them. Specified minimum and maximum quantities will apply to the entire contract ordering period, and the cumulative total for all delivery orders will not exceed the specified IDIQ contract maximum.

A.1.2.3 The Statement of Work (SOW) found in Section C of Contract SP8000-26-D-0002 represents the scope of supplies required under this IDIQ contract.

A.1.2.4 Issuance of Delivery Orders. All requirements for acidspar will be ordered by firm-fixed price delivery orders based on the unit prices established by this IDIQ contract. Any DLA Contracting Services Office (DCSO) warranted Contracting Officer, within the limits of their warrants, may award and administer a delivery order for materials covered by the IDIQ contract. Delivery orders will most likely be placed by the DCSO-C3 Contracting Office. Delivery orders will have the QUANTITY and UNIT PRICE "flipped" under the ITEM DESCRIPTION for all CLINs. Therefore, the UNIT PRICE is represented as $1.00, while the QUANTITY is equal to the amount to be obligated under each CLIN as a result of the award of the delivery order. This is done to ensure that the DLA system, EBS/EProcurement, will allow for appropriate invoicing/payment throughout the performance of the awarded delivery order.

A.1.3 DELIVERY / SHIPPING LOCATION

SW0844

Defense Logistics Agency Strategic Materials Hawthorne Army Depot 1 South Main Ave.

Hawthorne, NV 89415-9404

USA

Telephone: (775) 945-7001 Unloading Hours: 8:00 AM - 2:30 PM (PST), Monday - Thursday Accessibility: Truck/Rail (truck scale wight capacity is 90,000 lbs. and the rail scale capacity is 500,000 lbs.)

A.1.4 POINTS OF CONTACT FOR THIS ACQUISITION

Contract Specialist (CS):

Zoryanna P. Siemer 3990 E. Broad Street Columbus, OH 43218-3990

(614) 693-2222 zoryanna.siemer@dla.mil

Procurement Contracting Officer (PCO):

Shaun T. Bunnell 3990 E Broad Street Columbus, OH 43218-3990

(614) 692-7712 shaun.bunnell@dla.mil

Administrative Contracting Officer (ACO):

Felicia R. London 700 Robbins Ave.

Philadelphia, PA 19111

(445) 737-0765 felicia.london@dla.mil

Quality Assurance Specialist (QAS):

The QAS will be assigned on each delivery order.

A.1.5 WIDE AREA WORKFLOW INFORMATION

mailto:zoryanna.siemer@dla.mil mailto:shaun.bunnell@dla.mil mailto:felicia.london@dla.mil

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 34 PAGES

SP8000-26-D-0002

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

All payments will be processed and submitted through Wide Area Workflow. Information for Wide Area Workflow (WAWF) Invoicing:

Combo Document Invoice. To ensure timely payment, the vendor should enter the required info WAWF on the day the material ships from their facility. Contractors/vendors not using WAWF will need to register for WAWF in order to gain access to the new MyInvoice functionality.

Wide Area Workflow (WAWF) is a secure web-based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

WAWF is in accordance with the 2001 National Defense Authorization Act (DFARS 252.232-7003, Electronic Submission of Payment Requests & Receiving Reports, and 252.232-7006, Wide Area Workflow Payment Instructions), which requires claims for payment under a Department of Defense Contract to be submitted in electronic form.

As of March 03, 2008, DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require the use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for payment (invoices and receiving reports) under DoD contracts. Government credit card will not be utilized for the orders against this agreement. All payments will be processed and submitted through WAWF “only.”

When creating an invoice in WAWF, the contractor must input DoDAAC (SW0844) under the service acceptor field. Otherwise, the payment would not be processed on time. Below is the web link for Wide Area Workflow Reference Guidance for Vendors.

(Note: this guidance would help the vendor through the entire process of registration, submitting, void, and track invoices in WAWF). https:// wawf.eb.mil

DLA WAWF Assistance (General Questions) 703-767-1915 wawf@dla.mil

A.2 INCONSISTENCIES BETWEEN THE ADMINISTRATIVE SUMMARY AND CONTRACT

This administrative summary has been prepared as an aid to you, the contractor. Every attempt has been made to accurately reflect the requirements and information contained in the balance of this contract. Any inconsistencies between the summary and the contract will be resolved in favor of the specific requirements of the contract.

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B. SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN X001 - ACID GRADE FLUORSPAR

SUPPLY/SERVICE: 9620 - N00001303

ITEM DESCRIPTION: Acid Grade Fluorspar (acidspar), as described in the Statement of Work (SOW) and below tables. In accordance with the SOW, the Contractor shall source, package, and deliver the awarded quantity of acidspar to the DLA Strategic Materials Hawthorne Army Depot, Nevada. Pricing under this CLIN shall be reflective of all work to be performed under the SOW except for any work performed under CLIN X002.

https://wawf.eb.mil https://wawf.eb.mil mailto:wawf@dla.mil

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 34 PAGES

SP8000-26-D-0002

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

PRICING TERMS: Firm-Fixed Price

INSPECTION POINT: Destination

ACCEPTANCE POINT: Destination

FOB: Destination

DELIVERY DATE: Acidspar to be delivered within 36 months after delivery order issuance

PREP FOR DELIVERY: Packaging and labeling of acidspar shall be in accordance with sections 8, 9 and 10 of the SOW.

SW0844

Defense Logistics Agency - Strategic Materials Hawthorne Army Depot Hawthorne Army Depot 1 South Main Ave.

Hawthorne, NV 89415-9404

USA

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 34 PAGES

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 34 PAGES

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

CLIN X002 - THIRD-PARTY TESTING

SUPPLY/SERVICE: H999 - V00007070

ITEM DESRIPTION: Third-Party Testing of Acid Grade Fluorspar. The Contractor shall perform testing in accordance with sections 4, 5, and 6 of the SOW.

PRICING TERMS: Firm Fixed Price

PERIOD OF PERFORMANCE: 36 months after delivery order issuance

SW0844

Defense Logistics Agency - Strategic Materials Hawthorne Army Depot Hawthorne Army Depot 1 South Main Ave.

Hawthorne, NV 89415-9404

USA

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 34 PAGES

SP8000-26-D-0002

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

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

Statement of Work

Acid Grade Fluorspar

1. BACKGROUND

The Department of Defense (DoD) utilized acid grade fluorspar (acidspar) extensively for use in semiconductor processing and metallurgical processing. This material is primarily used in the production of hydrofluoric acid. The Defense Logistics Agency (DLA) Strategic Materials received Congressional authority to procure fluorspar. Based on material research, the Government determined to procure acidspar for addition to the National Defense Stockpile (NDS).

2. SCOPE

DLA Strategic Materials received authority to procure acidspar in the fiscal year (FY) 2025 National Defense Authorization Act (NDAA). To reduce the risk of import reliance in the acidspar supply chain, DLA Strategic Materials intends to purchase acidspar with estimated values shown in Table 1 over a five-year ordering period.

Table 1: Estimated planned procurement quantities and schedule for acidspar

3. REFERENCE

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 34 PAGES

SP8000-26-D-0002

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

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)

4. TECHNICAL REQUIREMENTS

4.1. MATERIAL DESCRIPTION

4.1.1. The material shall be acidspar with calcium fluoride - CaF2 - content greater than or equal to 97% by mass and shall be in compliance with the chemical requirements below in Table 1.

Table 1. Chemical specifications for acid grade fluorspar, percent by mass.

4.1.2. Testing, with proper significant limits, shall be performed, and the testing methods used shall be indicated for each impurity.

4.1.3. Material shall be a powder with greater than 85 +% able to pass through a 100 mesh, and 30 + %-35% able to pass through a 325 mesh.

4.1.4. 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.

4.1.5. Material must be non-radioactive, non-licensable per Nuclear Regulatory Commission (NRC) regulations. It must contain less than 0.05 percent combined thorium and uranium by mass. Th+U, Th, and U percent by mass must be reported individually on the contractor's COA for each lot of material the contractor delivers to the government.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 34 PAGES

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

5. SAMPLING

5.1 The Government will witness the Contractor's sampling operations for each lot of material the Contractor intends to deliver to the Government for compliance with the Sampling Plan.

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. The Contractor's material production facilities must be within the Continental United States (CONUS) for all material the Contractor intends to supply 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 20 (twenty) business days prior to that date.

5.5 The Contractor shall provide the Government with a written summary (via email and in Adobe Acrobat PDF format) of its sampling plan and activities. The summary shall clearly describe the sampling process and cite any relevant sampling standards, as applicable.

5.1.1. The Contractor shall submit this summary to the Government no later than thirty (30) business days prior to sampling of the material the Contractor intends to provide to the Government.

5.1.2. 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.

5.1.3. If subsequent Contractor sampling plans and processes remain unchanged from previous sampling plans, the Contractor shall submit an email to the Government, stating that there have been no changes to its sampling plan and processes ten (10) business days prior to the date the Contractor begins its sampling activities.

5.6 The Contractor's Sampling Plan shall include, at a minimum, the following:

a) Specify sample size and quantity

b) Provide a detailed description of the sampling process (i.e., individual sampling collection process, preparation of aggregate sample, sample splitting, additional sample preparation, estimated time for completing each lot's sampling process, etc.)

c) Cite the national or international sampling standards applied to the sampling processes and/or

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 34 PAGES

SP8000-26-D-0002

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

description of industry-accepted sampling processes

d) Explain how each lot's sample set will be equivalent in size and properties and be representative of a lot of material in properties.

e) Confirm the Contractor will provide written notice of the date(s) the Contractor intends to begin sampling operations of material it intends to deliver to the Government, a minimum of thirty

(30) business days prior to that date.

5.7 The Contractor shall collect samples for each lot of material it intends to provide to the Government.

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.

5.8 The Contractor shall collect four equivalent samples for each lot of material the contractor intends to supply to the Government - one set of samples for the Contractor's purposes, one set of samples for the Government, one set of samples for independent third-party laboratory analysis, and one sample for the reserve material of the independent third-party laboratory reserve, All four samples shall be of the same size and form and shall be representative in chemical properties of the lot of material.

All four samples shall have a minimum sample size that satisfies the requirements of the independent third-party laboratory.

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

5.10 The Contractor shall document and transfer chain of custody of the lot's analytical and reserve samples to the independent third-party laboratory.

6. TESTING

6.1 The Contractor shall employ an independent third-party analytical chemistry laboratory (lab) to chemically characterize each lot of acid grade fluorspar (acidspar) the Contractor intends to deliver to the Government. The lab shall analyze each lot in accordance with industry standards.

6.2 The contractor shall report this information to the government in a Certificate of Analysis (COA). The contractor shall deliver a COA for each representative sample from each lot for which chemical analyses were performed.

6.3 The third-party lab used to perform verification testing shall:

a) Have CONUS -- based operations.

b) Perform all analytical chemistry activities in this SOW within CONUS.

c) Have an established reputation for experience and excellence in laboratory analytical services.

d) Be certified in ISO 17025 through A2LA with the following specific certifications, at a minimum: sample preparation for mineral ore, limestone, ferro-alloys (falling within the A2LA P112 Flexible Scope Policy); Inductively Coupled Plasma (“ICP”) for Al, Ag, As, B, Ba, Bi, CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 34 PAGES

SP8000-26-D-0002

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

Ca, Cd, Ce, Co, Cr, Cu, Fe, K, La, Li, Mg, Mn, Mo, Na, Nb, Ni, P, Pb, Sb, Se, Si, Sn, Sr, Ta, Ti, V, W, Zn (falling within the A2LA P112 Flexible Scope Policy); combustion analysis for C, N, O, S (falling within the A2LA P112 Flexible Scope Policy); Wavelength-Dispersive X-Ray Fluorescence (“WDXRF”) analysis for Al, Ca, Cr, Co, Cu, Fe, Mn, Mo, Na, Nb, Ni, P, S, Si, Ti, V (falling within the A2LA P112 Flexible Scope Policy); gravimetric precipitation analysis for CaF2, Mo, Nb, S, SiO2; volumetric analysis for B, Ca, Cr, Fe, Metallic Fe, Mg, Mn, Ni, Ti, V; gas evolution for CO2 and; miscellaneous gravimetric analysis for sieve testing, Loss on Ignition (“LOI”), moisture at 105°C.

e) Have expert ability and experience in analytical chemistry techniques and methods, and method development in wet chemistry (i.e., sample preparation and digestion, titration, reagent preparation, glovebox work, etc.), and instrumentational analysis.

f) Have expert ability and experience in clean pulverization capabilities; laboratory sample preparation and digestion; titration; and reagent preparation.

g) Have expert ability and experience in instrumental analysis, including Inductively Coupled Plasma Optical Emission Spectroscopy/Atomic Emission Spectroscopy (ICP-OES/AES), ICP- Mass Spectrometry (ICP-MS), and inert gas fusion and combustion analysis, especially using LECO™ or similar instruments.

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

a) Name and address of third-party laboratory that the contractor intends to use

b) A summary description of sample preparation techniques

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

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

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

6.5 The Contractor shall not make any changes to the independent third-party 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 QAS.

6.6 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.

6.7 The contractor cannot make any changes to the independent third-party analytical chemistry laboratory's testing plan (i.e., the proposed analytical methodologies the independent laboratory will

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SP8000-26-D-0002

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

employ that will be submitted as part of the contractor's proposal) without the explicit written approval of the QAS and/or government program manager.

7. CERTIFICATES OF ANALYSIS (COA)

7.1 The Contractor shall provide a COA with each production lot.

7.2 The contractor shall affix a cover letter with their letterhead to each COA the Contractor submits to the Government. The Contractor's letterhead shall include all information the Contractor is required to report and that information is not generated by a separate entity. For example, the third-party shall generate an analytical report on a lot of material; the contractor shall not alter that report in any manner but will affix a cover letter to that analytical report from the third-party lab.

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

7.4 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.

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

7.6 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.

7.7 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.

8. ENVIRONMENTAL, SAFETY, OCCUPATIONAL HEALTH REQUIREMENTS, AND

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TRANSPORTATION

8.1 Transporting, Handling, and Management

8.1.1 The Contractor 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/ .

9. PACKAGING

Packaging of the acidspar shall be in accordance with the below requirements.

9.1 PACKAGING REQUIREMENTS

9.1.1 All materials shall be put into water-proof supersacks capable of a minimum of twenty (20) year shelf life. Each supersack shall have a base of 48 inches wide (side to side) and 48 inches deep (front to back). Each supersack shall hold approximately one (1) metric ton of material, with reasonable variability allowed per agreement by the government and the contractor.

9.1.2 The contractor shall utilize a State of Utah Weights and Measurements certified scale to measure and report the weight of each supersack at the Contractor's expense. The Government reserves the right to witness the weighing process.

9.2 PALLETIZING REQUIREMENTS

9.2.1 All container/items shall be placed onto new undamaged pallets meeting the specifications listed https://www.dla.mil/Strategic-Materials/

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

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.

9.2.2 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 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.

9.2.3 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.

9.3 A copy of the Safety Data Sheet (SDS) for the contained material shall be accessible and external to

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

the packed material with each delivery. All packages shall meet all requirements presented in Section 6 to ensure compliance with Federal, state, and local regulations for the transporting, handling, and management of material.

10. LABELING

10.1 Each individual supersack shall be permanently marked on opposite sides with a unique serial number that is traceable to that individual package. The use of paint/ink to mark/label containers is acceptable.

10.2 The unique serial number permanently marked on each individual container shall correlate to an individual COA.

10.3 The font size of markings permanently marked on each container shall be sufficient in size to be legible to the unaided eye.

10.4 All markings shall be permanent in nature to the extent that they remain completely legible to the unaided eye for a minimum of twenty years.

10.5 All markings shall be in English.

10.6 The information in items (a) through (k) below shall be 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.)

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

k) Government Contract Number

10.7 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.

11. 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 as dictated in Section 12.

12. DELIVERY

12.1 The Contractor shall deliver materials to the delivery point:

Defense Logistics Agency

Hawthorne Army Depot

1 South Main Ave.

Hawthorne, NV 89415-9404

Telephone: (775) 945-7001

12.2 Shipping hours are 0800 to 1430 Pacific Standard Time (PST) Monday through Thursday.

(Exceptions of Federal, State and local holidays and days of closure due to inclement weather and/or other emergencies.) Accessibility for truck/rail scale is available (truck scale wight capacity is 90,000 lbs. and the rail scale capacity is 500,000 lbs.).

12.3 The Contractor shall be free to schedule each delivery with the QAS only after the COA is accepted.

12.4 The Contractor shall schedule in writing with the QAS all deliveries a minimum of twenty-one (21) calendar days in advance of their delivery prior to shipping. The QAS will provide written acceptance of the proposed delivery schedule within fourteen (14) calendar days.

12.5 Delivery Orders issued against this IDIQ contract shall have a delivery period not to exceed 36 months.

12.6 Truck lot receiving procedures: Transportation companies are required to use the Carrier Appointment System (CAS) SDDC for deliveries to Hawthorne Army Depot. Transportation companies must schedule an appointment 24 hours in advance by contacting using the CAS or by calling (775) 945-7950 or (775) 945-7949.

12.7 Hawthorne Army Depot will review passports, naturalization papers and citizenship for admittance and reserves the right to reject non-compliant transportation.

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

12.8 Any deliveries must be pre-approved prior to arriving in Hawthorne.

13. INSPECTION AND ACCEPTANCE

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/rejection 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 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.

13.5 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. The Government reserves the right to ask for compensation for lost time.

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

ACRONYMS:

CAS Carrier Appointment System CBP Customs and Border Protection CFR Code of Federal Regulations CIP Carrier and Insurance Paid to COA Certificate of Analysis CONUS Continental United States DLA Defense Logistics Agency DoD Department of Defense DOT Department of Transportation EPA Environmental Protection Agency ESOH Environmental, Safety, and Occupational Health FY Fiscal Year GHS United Nations Globally Harmonized System of Classification and Labeling of Chemicals ISPM International Standards for Phytosanitary Measures Lbs Pounds NDAA National Defense Authorization Act NDS National Defense Stockpile NSS National Security Space OSHA Occupational Safety and Health Administration POC Point of Contact QAS Quality Assurance Specialist SDS Safety Data Sheet SOW Statement of Work

SECTION I - CONTRACT CLAUSES

CONTRACT CLAUSES

The following clauses are hereby incorporated by reference:

52.203-3 GRATUITIES (APR 1984) FAR

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2024) FAR

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

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SECTION I - CONTRACT CLAUSES (CONTINUED)

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

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

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

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (DEC 2023) FAR

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) FAR

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020) FAR

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) FAR

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) FAR

52.232-17 INTEREST (MAY 2014) FAR

52.232-25 PROMPT PAYMENT (JAN 2017) FAR

52.232-39 UNENFORCABILITY OF UNATHORIZED OBLIGATIONS (JUN 2013) FAR

52.242-13 BANKRUPTCY (JUN 1995) FAR

52.242-15 STOP WORK ORDER (AUG 1989) FAR

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

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

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

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

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

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

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

252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTELBLOWER RIGHTS (DEC 2022) DFARS

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) DFARS

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022)

DFARS

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

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SECTION I - CONTRACT CLAUSES (CONTINUED)

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

252.204-7008 COMPLIANCE WITH SAFEGAURDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)

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 (MAY

2024) DFARS

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT

CONTRACTORS (JAN 2023) DFARS

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023)

DFARS

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES - REPRESENTATION

(DEC 2019) DFARS

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021) DFARS

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2023) DFARS

252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN 2023) DFARS

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF

A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023) DFARS

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) DFARS

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALITY METALS (MAR 2013) DFARS

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS

252.225-7021 TRADE AGREEMENTS (FEB 2024)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) DFARS

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES

(DEC 2022) DFARS

252.225-7054 PROHIBITION ON USE OF CERTAIN ENERGY SOURCED FROM INSIDE THE RUSSIAN FEDERATION

(JAN 2023) DFARS

252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023)

DFARS

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (JAN 2023) DFARS

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS

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SECTION I - CONTRACT CLAUSES (CONTINUED)

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

252.243-7001 PRICING OF CONTRACT MODIFICATION (DEC 1991) DFARS

252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2002) DFARS

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023) DFARS.

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023) DFARS

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA --BASIC (OCT 2024) DFARS

DLAD Procurement Note C02, MANUFACTURING PHASE OUT OR DISCONTINUATION OF PRODUCTION, DIMINISHING SOURCES AND OBSOLETE MATERIALS OR COMPONENTS (DEC 2016)

DLAD Procurement Note C03, CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION

(JUN 2023)

DLAD Procurement Note C14, REPACKAGING OR RELABELING TO CORRECT DEFICIENCIES (MAY 2020)

DLAD Procurement Note E05, PRODUCT VERIFICATION TESTING (MAY 2020)

DLAD Procurement Note G01, ADDITIONAL WIDE AREA WORKFLOW (WAWF) INFORMATION (AUG 2017)

DLAD Procurement Note L08, USE OF SUPPLIER PERFORMANCE RISK SYSTEM (SPRS) IN PAST PERFORMANCE

EVALUATIONS (JUN 2024)

The following clauses are hereby incorporated in full text:

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2023) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52

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SECTION I - CONTRACT CLAUSES (CONTINUED)

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34,…

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