SP800026R0009 v1.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7013167265

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP8000-26-R-0009

5. SOLICITATION NUMBER

2025 DEC 15

6. SOLICITATION ISSUE

DATE

Victoria Mcpherson

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

Phone: (614) 693-0466

2025 DEC 24

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

331410NAICS:

SIZE STANDARD: 1,000 employees

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

X 1

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)

SP8000-26-R-0009 2 of 64

TABLE OF CONTENTS

A. CONTINUTATION OF STANDARD FORM 1449 4

A.1. SF 1449 Supplemental Information 4

A.2. Administrative Summary 4

B. SUPPLIES OR SERVICES AND PRICES/COSTS 8

C. STATEMENT OF WORK (SOW) 9

D. CONTRACT CLAUSES 22

D.1. Clauses Incorporated by Reference 22

D.2. Clauses in Full Text 23

E. SOLICITATION PROVISIONS 38

E.1. Provisions Incorporated by Reference 38

E.2. Provisions in Full Text 38

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

FAR 52.212-2, Evaluation—Commercial Products and 41 Commercial Services

SP8000-26-R-0009 3 of 64

A. CONTINUATION OF STANDARD FORM 1449

A.1. SF 1449 Supplemental Information

A.1.1. Block 8

Offer Due Date/Local Time: The open period to submit proposals will be from 15 December 2025 – 24 December 2025. The deadline for the receipt of proposals is hereby established as 3:00 P.M. Eastern Standard Time (EST) on 24 December 2025.

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

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

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

A.2. Administrative Summary

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

A.2.2. Solicitation SP8000-26-R-0009 is a Request for Proposal (RFP). DLA Contracting Services Office - Columbus Division 3 (DCSO-C3) intends to award and administer a single Firm-Fixed price (FFP) contract, using a Standard Form (SF) 1449 as the award document for the contract. The Government reserves the right to not award any or all Contract Line-Item Numbers (CLIN), if it proves to be in the best interest of the Government.

A.2.3. All offerors must be registered in the System for Award Management (SAM) with the applicable NAICS code 331410, to be considered for award. The web site for registration is https://SAM.gov.

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

• Federal Acquisition Circular 2025-03, effective June 11, 2025.

• Defense Federal Acquisition Regulation Supplement (DFARS) effective November 10, 2025.

• Defense Logistics Agency Directive (DLAD) PROCLTR 2025-22, effective October 01, 2025.

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

A.2.5. This acquisition is Unrestricted. The applicable NAICS code is 331410 – Nonferrous Metal (except Aluminum) Smelting and Refining, with a size standard of 1000 employees.

SP8000-26-R-0009 4 of 64 http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/ https://sam.gov/ https://sam.gov/ https://sam.gov/ https://sam.gov/ https://sam.gov/ https://sam.gov/ https://sam.gov/ https://sam.gov/ https://www.acquisition.gov/ https://www.acquisition.gov/ https://www.acquisition.gov/ https://www.acquisition.gov/ https://www.acquisition.gov/ https://www.acquisition.gov/ https://www.acquisition.gov/ https://www.acquisition.gov/ http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx

A.2.6. The Defense Logistics Agency (DLA) by and through the DCSO-C3 intends to award a contract for up to 79,380 pounds (lbs) of Bismuth Metal ingots or slabs of 99.99% (4N) purity.

The Government reserves the right to award for less than the maximum quantity. All Bismuth Metal to be delivered under any resulting contract shall be packaged and delivered in slab or ingot form. This procurement will additionally require sampling of the Bismuth metal to be performed by an independent sampling subcontractor and testing of the Bismuth metal to be performed by an independent testing laboratory subcontractor. Any eventual contract award will require the Contractor to deliver the material to Hawthorne, Nevada.

A.2.7. This requirement has a 24-month period of performance, at the conclusion of which all ordered bismuth metal (up to 79,380 lbs) shall have been delivered.

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

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

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

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

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

A.2.13. Payment Terms: Net 30

A.2.14. SOLICITATION INSTRUCTIONS:

A.2.14.1 Questions or clarifications in response to the solicitation must be submitted NLT December 18, 2025, at 3:00 PM EST. Questions received after December 18, 2025, will not receive a response. Please submit all questions to Victoria McPherson at Victoria.mcpherson@dla.mil with "SP8000-26-R-0009: Bismuth Metal Solicitation Clarification Request" in the Subject line.

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

SP8000-26-R-0009 5 of 64 mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil

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

Volume 1: Introduction

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

i. Proposal Title

ii. Offeror’s Name and Address

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

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

b. Table of Contents:

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

c. Cover Letter and Executive Summary

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

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

d. SF1449 and Amendments

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

e. Small Business Subcontracting Plan.

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

SP8000-26-R-0009 6 of 64

a. Submit the Technical Approach including all subfactors in accordance with the instructions found on page 44 this solicitation within FAR provision 52.212-2.

b. Subfactors are: Material description, Certificates of Analysis, packaging, labeling, sampling, and testing.

Volume 3: Past Performance

Submit the Past Performance narrative in accordance with the instructions found on page 44 this solicitation within FAR provision 52.212-2.

Volume 4: Proposed Pricing

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

A.2.14.4. Offerors shall submit their proposals via email to Victoria McPherson at Victoria.mcpherson@dla.mil with “SP8000-26-R-0009: Proposal” in the Subject line by December 24, 2025, at 3:00 PM EST. Offerors are strongly encouraged to confirm receipt of their proposals after submission. Alternatively, proposals may be submitted via DoD SAFE (https://safe.apps.mil/) to Victoria McPherson at Victoria.mcpherson@dla.mil. Proposals submitted via US mail will not be accepted.

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

A.2.15. CONTACT INFORMATION

Contracting Office Address:

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

Primary Point of Contact:

Victoria McPherson, Contracting Officer Phone: 614-693-0466 Email: Victoria.mcpherson@dla.mil

SP8000-26-R-0009 7 of 64

Volume 2: Technical Approach, Bulk Sampling Approach, and Laboratory Testing Approach mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil https://safe.apps.mil/ https://safe.apps.mil/ https://safe.apps.mil/ https://safe.apps.mil/ https://safe.apps.mil/ https://safe.apps.mil/ https://safe.apps.mil/ https://safe.apps.mil/ mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil mailto:Victoria.mcpherson@dla.mil

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

BASE YEAR:

ITEM NO. Supplies/Services Max Weight

(Pounds, LB)

UNIT PRICE EXT PRICE

0001 9650- N00007578 79,380 $ $

NOUN: 99.99% (4N) purity Bismuth metal PRICING TERMS: Firm Fixed Price PERIOD OF PERFORMANCE: 24 months ITEM DESCRIPTION: Bismuth Metal, 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 Bismuth Metal Ingots to the DLA Strategic Materials Hawthorne Army Depot, Hawthorne Nevada. Pricing under this CLIN shall be reflective of all work to be performed under the SOW except for any work performed under CLIN 0002

ITEM NO. SUPPLIES/SERVICE

S

Number of

Lots

UNIT PRICE

(Price per Lot)

EXT PRICE

0002 H999-V00007070 $ $

NOUN: Sampling/Testing for 99.99% (4N) purity Bismuth metal PRICING TERMS: Firm Fixed Price PERIOD OF PERFORMANCE: 24 months ITEM DESCRIPTION: Third-Party Testing of Bismuth Metal. The Contractor shall perform in accordance with Section 6 of the SOW

SP8000-26-R-0009 8 of 64

C. STATEMENT OF WORK (SOW)

Bismuth Metal

1. BACKGROUND

The Department of Defense (DoD), has bought, and will continue to buy, bismuth.

Bismuth is commonly used in many forms, of which this statement of work will focus on one (1). Bismuth metal has numerous applications in metallurgy and defense applications. Metallurgically, bismuth is utilized in alloys specific to strategic DoD applications. Bismuth metal is also used in certain ammunitions due to its ability to mimic lead.

DLA Strategic Materials received Congressional authority to procure bismuth. Through research on bismuth the Government determined to procure bismuth for the National Defense Stockpile (NDS).

2. SCOPE

To reduce the risk of availability in the bismuth metal supply chain for DoD applications, DLA Strategic Materials intends to purchase bismuth metal with estimated quantity shown in Table 1 over a two-year delivery period. DLA Strategic Materials received authority to procure bismuth in the FY2025 National Defense Authorization Act (NDAA).

Table 1: Estimated planned procurement quantities and schedule for bismuth

Execution Year Bismuth metal (lbs.)

FY26 (Year 1) 79,366

*Total quantity +/- 1.0%

3. REFERENCE

The following are incorporated by reference:

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

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

c) US CBP Form 6059, General Declaration

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

Number)

4. TECHNICAL REQUIREMENTS

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

SP8000-26-R-0009 9 of 64

i. The material shall be commercial-grade bismuth metal of 4N (99.99%) purity and adhere to the composition found in Table 2. It must be in slab or ingot form.

Table 2. Elemental analysis of commercial grade 4N (99.99%) Bismuth metal

Element Percent by Mass

Bi 99.99% min

Pb 0.0010% max

Cu 0.0010% max

As 0.0003% max

Sb 0.0005% max

Fe 0.0010% max

Zn 0.0005% max

Cl 0.0015% max

Cd 0.0010% max

Ag 0.0040% max

Th + U 0.05% max

ii. Material shall be in slab or ingot form. Each slab shall weigh no less than 32 lbs. and no more than 40 lbs.

iii. Dimensions must be under 7 inches in width, 16 inches in length and under 2 inches in thickness.

iv. Each lot shall be approximately 2,204 lbs., contained in wooden crates matching the requirements of Section 9 and 10 of this SOW, with each crate containing approximately 2,204 lbs. 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.

v. 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 weight.

vi. The Contractor shall ensure no Government material or samples of Government material leave CONUS.

vii. Material must be non-radioactive, non-licensable per Nuclear Regulatory Commission (NRC) regulations. It must contain less

SP8000-26-R-0009 10 of 64 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.

5. SAMPLING

a. 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.

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

c. 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.

d. 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.

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

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

g. The Contractor shall not make any changes to their Sampling Plan without the explicit written approval of the government. 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 government representative. The government 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.

h. 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.

i. The Contractor’s Sampling Plan shall include, at a minimum, the following:

j. Specify sample size and quantity

k. 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.)

SP8000-26-R-0009 11 of 64

l. Cite the national or international sampling standards applied to the sampling processes and/or description of industry-accepted sampling processes

m. Explain how each lot’s sample set will be equivalent in size and properties and be representative of the lot of material in properties.

n. 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.

o. The Contractor shall collect samples for each lot of material it intends to provide to the Government. The Contractor’s sampling processes and procedures shall be consistent with the sampling process and procedures the Contractor typically uses for this material for other customers.

p. 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 third-party laboratory analysis, and one set for laboratory reserve.

All four samples shall be of the same size and form and shall be representative of the 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 for sample size.

q. The Contractor shall package the analytical, analysis and reserve samples in identical containment as the sample material they ship to the Government.

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

s. 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

a. The Contractor shall employ an independent third-party analytical chemistry laboratory (lab) to characterize, chemically, each lot of bismuth metal that the Contractor intends to deliver to the Government. The lab shall analyze each lot in accordance with Table 2 for bismuth metal.

b. 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.

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

a) Have CONUS (Continental United States) -- 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

SP8000-26-R-0009 12 of 64

Policy); Inductively Coupled Plasma (“ICP”) for Al, Ag, As, B, Ba, Bi, Ca, Cd, Ce, Co, Cr, Cu, Fe, K, La, Li, Mg, Mn, Mo, Na, Nb, Ni, P, Pb, Sb, Se, Si, Sn, Sr, Ta, Ti, V, W, Zn (falling within the A2LA P112 Flexible Scope Policy); combustion analysis for C, N, O, S (falling within the A2LA P112 Flexible Scope Policy); Wavelength-Dispersive X-Ray Fluorescence (“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 105oC.

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.

d. 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

e. 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

SP8000-26-R-0009 13 of 64 and approved as part of the Contractor’s proposal) without the explicit written approval of the government.

f. 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 government representative. The government representative 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.

7. CERTIFICATES OF ANALYSIS (COA)

a. The Contractor shall provide a COA with each production lot. Production lots are defined in section 4.1.4.

b. 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.

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

d. 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.

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

f. The government representative 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.

g. 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)

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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.

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

8. ENVIRONMENTAL, SAFETY, AND OCCUPATIONAL HEALTH

REQUIREMENTS

a. Transporting, Handling, and Management

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

ii. 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)

iii. 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)

iv. 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)

v. 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)

vi. 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

a. Material Packaging

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i. Material shall be packaged in new wooden crates containing no more than 1000 kilos of material/ingots.

ii. The Contractor shall package all material delivered throughout the performance of this SOW in approximately the same size and type (identical in all aspects) of container.

iii. The contractor shall submit detailed design drawings and manufacturer’s certifications for all containers proposed for use under this SOW for review and acceptance approval from the government prior to their utilization.

iv. No container shall be utilized that has not been preapproved for use under this SOW by the government.

v. The container shall be new. Use of used, recycled, repaired, remanufactured or refurbished material will not be acceptable.

vi. The container shall have a plastic liner to prevent the admission of moisture and to prevent leakage of its contents, especially fine particulates. The material shall have a chemical resistance consistent with the contents of the container.

vii. If the container is manufactured by a third party, a copy of the container manufacturer’s certification shall be packaged with each shipment representing all containers in that shipment.

viii. Upon delivery, the container shall be intact, free of damage, contamination and leaks.

b. PALLETIZING REQUIREMENTS

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

ii. 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

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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.

iii. 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.

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

10. LABELING

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

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

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

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

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

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

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

g) The information in items 1 through 10 below shall be listed on each tag/label. The marking shall not include a security classification or anything indicating DLA Strategic Materials ownership other than the contract number.

1. Commodity Name

2. Commodity Grade, Type or Form

3. Merge Number

4. Country of Origin

5. Producer Name

6. Producer’s part number

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

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

9. Lot Number

10. Government Contract Number

b. Tag(s)/Label(s) shall be attached to each container in a permanent manner that prevents accidental detachment. The means of attachment shall be suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist.

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

d. 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

1.1. The Contractor shall be responsible for transport, as well as for Carrier and

Insurance Paid to (CIP) of the material to the point of delivery: the Government Storage Depot in Hawthorne, NV.

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12. DELIVERY

a. The Contractor shall deliver materials to the Government Storage Depot

(delivery point) at the following address:

Defense Logistics Agency Hawthorne Army Depot 1 South Main Ave.

Hawthorne, NV 89415-9404 Telephone: (775) 945-7001 Shipping Hours: 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: Truck/Rail scale is available (Truck scale weight capacity is 90,000 lbs. and the rail scale capacity is 500,000 lbs.).

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 CAS or by calling 775-945-7950 or 775-945-7949.

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

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

b. The Contractor shall schedule all deliveries a minimum of ten (10) business days in advance of their delivery with the government representative.

Deliveries will only be accepted between the hours of 7:30 AM – 2:30 PM (EST), Monday – Friday (excluding federal holidays).

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

13. INSPECTION & ACCEPTANCE

a. 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.

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b. 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.

c. The government representative will provide written notification of the acceptance/rejection of each delivered lot of material to the Contractor within forty-five (45) calendar days of delivery. The Contractor shall not submit an invoice until the government representative has issued a written notification of acceptance of each lot of material delivered.

d. 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.

e. 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.

14. TARRIFS

a. Exemption of Tariffs. This purchase of Bismuth Metal 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 a strategic and critical material.

b. 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.

c. 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.

ACRONYMS:

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CFR Code of Federal Regulations CIP Carrier and Insurance Paid to COA Certificate of Analysis 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 NSS National Security Space OSHA Occupational Safety and Health Administration POC Point of Contact SDS Safety Data Sheet SOW Statement of Work

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D. CONTRACT CLAUSES

D.1. The following clauses are hereby incorporated by reference:

52.203-3 GRATUITIES (APR 1984) FAR

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

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (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

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-

REPRESENTATION (DEC 2016) FAR

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN

2020) 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

(DEC 2022) DFARS

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

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (JAN 2023) 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

252.204-7017 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 (MAR 2023) DFARS

SP8000-26-R-0009 22 of 64

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

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (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

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

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

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2023) DFARS.

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

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (JAN 2023) DFARS

D.2. 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

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