ATTACHMENT A - SOW_EMM.pdf

SP8000-22-R-0002

ATTACHMENT A

STATEMENT OF WORK (SOW)

FOR

ELECTROLYTIC MANGANESE METAL

1. INTRODUCTION

This is a supply contract to provide Electrolytic Manganese Metal (EMM).

2. STATEMENT OF WORK

Defense Logistics Agency (DLA) Strategic Materials intends to purchase 5,000 MT of Electrolytic Manganese Metal (EMM) flakes with a minimum manganese (Mn) content of 99.00% by mass (Mn content = 100 x (mass of contained Mn ÷ mass of total substances), and which meets the calculated specifications set forth in Table 1 (see below).

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to provide EMM as defined in this SOW. The Contractor shall perform to the standards in the SOW. The Government intends to store this material for an extended period; thus, the material should have a form and packaging conducive to long term storage at an enclosed Government warehouse.

3. DELIVERY SCHEDULE

The total 5,000 MT of the material shall be delivered within 24 months after contract award, with no more than 300 MT in each month and no more than 60 MT each day.

4. APPLICABLE DOCUMENTS

The following documents are incorporated into the SOW, by reference:

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

b. The United Nations Globally Harmonized System of Classification and Labeling of Chemicals

(GHS)

c. Harmonized Tariff Schedule, the Tariff Act of 1930, and the Trade Act of 1974

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

e. US CBP Form 6059, General Declaration

f. US CBP Form 5106 (Request for Importer Number, or Notification of Importer Number), and

g. Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR 170-189).

5. TECHNICAL REQUIREMENTS

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

5.1 Material Description

5.1.1 The material shall meet the chemical specifications described in Table 1:

Table 1. Specifications of EMM Mn, Calculated*

≥99.7%*

C ≤0.040%† S ≤0.050%† P ≤0.005%† Fe+Si+Se ≤0.205%†

*Calculated Mn = 100% - specified contaminants Or 100% - (0.04% + 0.05% +0.005% +0.205%) †Percent by mass = 100 x (mass of specified element ÷ mass of total sample)

Oxygen levels up to 0.400% are allowed without discount. Oxygen levels above 0.400% by mass will be discounted at 5.0 times the excess oxygen. For example, any lot with an oxygen content of 0.500% by mass will lead to a discount of 0.5% of the price of the lot {0.5% = 5 x (0.5% - 0.4%)}. Materials with an oxygen content above 0.755% by mass will not be accepted. Manganese content of at least 99.00% by mass (Mn content = 100 x (mass of contained Mn ÷ mass of total substances)) is required.

5.1.2 The material shall be in flake form. Its size shall be Plate 2 inches (50 mm) by down with the tolerance of 15% maximum retaining on 2-inch (50 mm) sieve and 10% maximum passing No. 10 (2.0 mm) sieve.

5.1.3 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.

5.2 Certificates of Analysis (COA)

5.2.1 The Contractor shall provide a COA for the contained material with each production lot delivery. A copy of the COA shall be provided to the Contracting Officer’s Representative (COR) at least 20 business days prior to each proposed delivery to ensure proper planning, communication, and Government review/notice, see Section 5.2.4.

5.2.2 The COA is a legal document, which ensures that the materials delivered by the contractor meet the specifications stated in this SOW. The Government will determine based on the COA if the lot(s) of the material should be delivered. The contractor shall carefully sample and test the material to ensure the reliability of the COA.

5.2.3 The lot of products is defined as the material produced by the same bench for a bench- wise production process, or the same operating shift for a continuous process.

5.2.4 The COAs shall be provided by email in the Adobe Acrobat PDF (portable document format) format to COR for review and acceptance prior to delivery to the point of delivery. No other types of PDF formats will be accepted. The email address for submitting the COAs will be designated in the Contract.

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

5.2.6 Each COA shall include the following, at a minimum:

a. Lot number

b. Weight and number of containers the COA covers

c. List of the tests performed and/or methodology applied

d. Numerical results and qualitative results

e. Error ranges/limits for results

f. Specifications/requirements

g. Name of the company or name of the laboratory

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

i. Printed name and signature of analyst.

5.2.7 The COA and all other documents submitted to the Government in this contract shall be in English.

5.3 Packaging

5.3.1 The material shall be packaged in new UN 1A2 rated steel drums with a rated capacity of 30 or 55 gallons or metric equivalent capacity. The Contractor shall package all material delivered throughout the performance of this SOW in the same size and type (identical in all aspects) of drum. The contractor shall submit detailed design drawings and manufacturer’s certifications for all steel drums proposed for use under this SOW for review and acceptance approval from the government prior to their utilization. No steel drums shall be utilized that have not been preapproved for use under this SOW by the government.

5.3.2 The steel drums shall be new. Used, recycled, repaired, remanufactured or refurbished drums will not be acceptable.

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

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

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

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

5.3.3 The material shall be packaged in polyethylene plastic bags.

a. Each bag shall have a minimum thickness of 0.8 mm.

b. Every bag shall be heat sealed to contain the release of material.

c. The bags containing material shall be placed in the steel drum containers.

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

5.3.5 Palletizing Requirements

All drums shall be placed onto new undamaged pallets meeting the specifications listed in paragraphs 5.3.5.1 or 5.3.5.2 below and be banded/shrink wrapped together to prevent drum movement during handling, transportation, or other operations where drums and/or personnel could be damaged and/or injured if the drums shift. The Contractor shall utilize the same size and type (identical in all aspects) of pallets for all material delivered throughout the performance of this SOW. DLA will consider pallets constructed of wood and/or alternate materials proposed by the contractor. (See paragraphs 5.3.5.1 and 5.3.5.2 below). The contractor shall submit detailed design drawings and manufacturer’s certifications for all pallets proposed for use under this SOW for review and acceptance approval from the government prior to their utilization.

No pallets shall be utilized that have not been preapproved for use under this SOW by the government. The use of used, recycled, repaired, remanufactured and/or refurbished pallets will not be acceptable.

5.3.5.1 Wooden Pallet Design: See paragraph 5.3.5 of this SOW for additional pallet requirements.

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

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.

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

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

Decking boards shall be six (6) inches in width for the lead boards and 3.5 inches in width for the interior boards. All decking boards shall be ¾ inches in thickness and be solid.

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

Pallets may be reversible in design.

All pallets shall have a minimum rated load capacity of greater than 1,000 pounds per square foot.

Wooden Pallet Construction:

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

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.

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

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.

5.3.5.2 Alternate Pallet Design and Construction: DLA will consider pallets constructed by alternate materials (e.g., steel, resin composite etc.) proposed by the contractor. See paragraph 5.3.5 of this SOW for additional pallet requirements.

Alternate Pallet Design:

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

The same material shall be used throughout the entire pallet.

All pallets shall contain four (4) full length, 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 3 ½ inches in height. All pallets shall have flush sides (e.g., no wings).

All pallets shall contain solid “top decking” and “bottom decking”.

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

Pallets may be reversible in design.

All pallets shall be durable and suitable for use in unheated warehouses where temperature extremes exist between 0 degrees and 95 degrees Fahrenheit

All pallets shall have a minimum lifespan of twenty years with no degradation.

All pallets shall be free of corrosion and have an anti-corrosion coating if the material is not inherently non-corrosive.

All pallets shall have a minimum rated load capacity of greater than 1,000 pounds per square foot.

Alternate Pallet Construction:

All pallets shall satisfy the requirements listed in ISPM-15 (International

Standards for Phytosanitary Measures Number 15) (e.g. heat treated etc.)

as required.

5.3.6 A copy of the Safety Data Sheet (SDS) for the contained material shall be provided external to the packed material with each lot delivery. In accordance with The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), the SDS shall contain the chemical name and concentration or concentration range of all ingredients which are classified as health hazards and are: present above their cut-off/concentration limits or present a health risk below the cut-off/concentration limits. The SDS shall be in English.

5.4 Labeling

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

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

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

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

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

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

a. Commodity Name

b. Commodity Grade, Type or Form

c. Country of Origin

d. Producer Name

e. Gross Weight in pounds and metric units of each individual drum. (Metric units to be in parentheses.)

f. Net Weight in pounds and metric units of each individual drum. (Metric units to be in parentheses.)

g. Lot Number

h. Drum Serial Number. (The serial number is the individual drum number in relation to the total number of drums in the lot; e.g. Drum 6 of 33 drums in the lot.)

i. Government Contract Number

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

5.4.3. Tags/Labels shall be attached to each drum in a permanent manner that prevents accidental detachment. The means of attachment shall be suitable for use in unheated warehouses where temperature extremes (both hot and cold) exist. Attachment by mechanical means (e.g., wire) or adhesive means (e.g. glue, adhesive backed tag/label etc.) are acceptable. Tags/labels shall be pre-formed to the surface to which it will be attached (e.g., a tag to be attached to the curved exterior surface of a drum shall be pre-formed to the same curvature as the drum to ensure proper attachment of the tag).

5.4.4 Three tags/labels shall be attached to each drum

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

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

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

5.4.7 In accordance with The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), the SDS shall contain the chemical name and concentration or concentration range of all ingredients which are classified as health hazards and are:

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

5.5 Transportation

5.5.1 The Contractor shall be responsible for transport, as well as for Carrier and Insurance

Paid To (CIP) of the material to point of delivery: the Government Storage Depot in Scotia, New York, United States. The transportation of this material shall comply with all relevant Federal, State, and Local laws, including the Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR 170-189) where appropriate.

5.5.2 The Contractor shall comply with DLA Strategic Materials’ Environmental, Safety and

Occupational Health Management System (ESOHMS), Scotia Depot ESOHMS Orientation Guide for Contractors and Visitors, and Depot On-Site Rules while at Government facilities; see Attachments I and II. The DLA Strategic Materials ESOHMS Policy Statement and additional ESOHMS information can be found on the DLA Strategic Materials website under:

http://www.dla.mil/HQ/Acquisition/StrategicMaterials/iamthekey.aspx

6. TARIFFS

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

2463 and 19 U.S.C. 3007 from the Art. I, Sec. 8, U.S. Const., as for a strategic and critical material.

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

6.3 Signature of Certificate: The Form (along with its declarations/entries) shall be signed by an

"Authorized Agent," who would be the same individual receiving the shipment.

7. DELIVERY AND ACCEPTANCE

7.1 Delivery

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

Defense Logistics Agency Route 5, Building #12 Scotia, NY 12302-9463 United States of America

Telephone: (518) 370-3347

Shipping hours: 0730 to 1430 hours, Monday through Friday (exceptions of federal, state, and local holidays and days of closure due to inclement weather and/or other emergencies)

7.1.2 The Contractor shall receive COR approval prior to any deliveries. The Contractor must schedule all deliveries a minimum of 10 business days in advance of their delivery with the COR.

7.1.3 The Contractor shall abide by the rules, laws, and regulations when accessing/delivery the material to the Government Storage Depot, as referenced in Attachment I of the solicitation: DLA Strategic Material Depot On-Site Rules and familiarize themselves with the Scotia Depot, its operations, and safety, Attachment II: Scotia Depot ESOHMS Orientation Guide for Contractors and Visitors.

7.1.4 The contractor shall deliver 5,000 MT of the material to the Government Storage Depot listed above within 24 months after the contract is awarded.

7.1.5 The contractor shall not deliver more than 300 MT each month and no more than 60 MT each day.

7.2 Inspection and Acceptance

7.2.1 The COR must pre-approve all deliveries. The material inspection and acceptance location will be at the Government Scotia Depot addressed in Section 7.1.1.

7.2.2 The government will perform a visual inspection of all material upon receipt at the delivery point to verify conformance with the requirements of this SOW that can be verified visually.

7.2.3 The Government reserves the right to sample and test each lot of material received.

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

7.2.4 The Government will verify that received material meets the specifications listed above to determine material acceptance. The Government will use a contiguous-United- States-based independent sampler and/or laboratory that is certified in ISO/IEC 17025:

2017. Testing methodologies will include mass spectrometry and thermogravimetric.

7.2.5 Acceptance will be provided in writing to the Contractor within ninety (90) calendar days of delivery. The Contractor shall not submit an invoice until the COR has issued a notification of Acceptance for the delivery.

8. LIST OF ABBREVIATIONS AND ACRONYMS

ASTM American Society for Testing and Materials

CBP Customs and Border Protection

CFR Code of Federal Regulations

CIP Carrier and Insurance Paid To

COA Certificate of Analysis

COR Contracting Officer’s Representative DLA Defense Logistics Agency

DNSC Defense National Stockpile Center

DoT Department of Transportation

EMM Electrolytic manganese metal

ESOHMS Environmental, Safety, and Occupational Health Management System

FAR Federal Acquisition Regulations FOB Free on Board FY Fiscal Year

GHS Globally Harmonized System of Classification and Labeling of Chemicals IMO International Maritime Organization

ISO International Organization for Standardization

Lb Pound Kg Kilogram mm Millimeter

MT Metric Ton

NDAA National Defense Authorization Act

OSHA Occupational Safety & Health Administration

SDS Safety Data Sheet SOW Statement of Work

S/N Serial Number

US United States