EMM SOW.pdf

STATEMENT OF WORK (SOW)

FOR

ELECTROLYTIC MANGANESE METAL

1. INTRODUCTION

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

2. SCOPE OF WORK

Defense Logistics Agency Strategic Materials (DLASM) intends to purchase a total 7,140 metric tons (MT) of EMM flakes with a manganese (Mn) content of at least 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 2 (see below).

During the base year of twelve (12) months, DLASM intends to purchase 3,600 MT of EMM flakes.

There will be two (2) option years of 12 months each. In the first option year, 2,100 MT will be purchased. In the second option year, 1,440 MT will be purchased. Table 1, below, shows the purchase schedule.

Table 1. Delivery schedule of EMM Year CLIN Weight (MT) Base Year 0001 3,600 Option Year 1 1001 2,100 Option Year 2 2001 1,440 Total 7,140

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

A total of 3,600 MT of the material shall be delivered within twelve (12) months after contract award.

An additional 2,100 MT of material in option year one (1) and 1,440 MT of material in option year two

(2) shall be delivered within twelve (12) months after each option is exercised by the Government.

The Contractor shall deliver no more than 300 MT in each month and no more than 60 MT in each day.

3.1 The Contractor shall submit written documentation to the Contracting Officer (KO) and the

Contracting Officer’s Representative (COR) that identifies their intensions regarding the following at a minimum:

a. total net weight of material to be delivered during each twelve (12) month calendar period.

b. total net weight of each lot of material to be delivered.

c. total net weight of material contained in each package (e.g. drum).

d. total number of sub-packaging units contained inside each package if applicable (e.g. total number of bags contained inside each drum).

e. total number of packages (e.g. drums).

f. quantity of packages (e.g. drums) on each pallet.

g. pallet size (e.g. 48” X 48”)

h. total number of truck loads to be delivered each month.

i. total number of lots contained in each truckload (e.g., one lot per truckload, two lots per truckload, ½ lot per truckload etc.)

j. type of truck planned for transporting the material to the delivery point (e.g., enclosed van truck, overseas container etc.)

This written documentation shall be submitted to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) within sixty (60) calendar days of contract award and/or within fifteen (15) calendar days of the exercise of options one (1) and/or two (2) by the Government. The Contractor shall not ship any material to the delivery point before a minimum of forty-five (45) calendar days has passed from the date they submitted this written documentation to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR).

3.2 The Contractor shall submit written documentation to the Contracting Officer (KO) and the

Contracting Officer’s Representative (COR) within thirty (30) calendar days of contract award and/or within fifteen (15) calendar days of the exercise of options one (1) and/or two (2) by the Government that identifies the intended material delivery schedule for the duration of each twelve (12) month Period of Performance of the contract. This material delivery schedule shall include intended individual delivery dates and the total net weight of each intended delivery per 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, sampling and testing, Certificates of Analysis, packaging, labeling, transportation, tariffs, delivery, and inspection and acceptance.

5.1 Material Description

5.1.1 The material shall meet the chemical specifications described in Table 2:

Table 2. 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.

6. SAMPLING AND TESTING

****NOTE: The requirements identified in the “SAMPLING AND TESTING” section of this

Statement of Work (SOW) apply to every lot of material the Contractor proposes for delivery to the Government. ****

6.1 The Government reserves the right to sample and test every lot of material. The lot(s) selected for verification of conformance with the specifications identified in this SOW will be determined by the Government.

6.2 The Government will use an upstream material sampling procedure during the Contractor’s packaging/repackaging process to obtain representative samples of each lot of material at the Contractor’s packaging/repackaging facility.

6.3 The Government and/or the Government’s designated agent(s) will perform particle size analysis at the time the Government and/or the Government’s designated agent(s) samples each lot of material.

6.4 The Contractor shall perform their packaging/repackaging process of each lot of material within the

Continental United States. All material shall be packaged/repackaged into packages that satisfy the requirements identified in section 8 of this SOW.

6.5 The Contractor shall provide access to the Contractor’s packaging/repackaging facility and permit the Government and/or the Government’s designated agent(s) to collect representative samples of each lot of material during the performance of their packaging/repackaging process. The Contractor shall only package/repackage lot(s) of material, intended for delivery to the

Government, at their repackaging/repackaging facility when the Government and/or the Government’s designated agent(s) are present and performing sampling and particle size analysis operations at the Contractor’s packaging/repackaging facility. The Contractor shall not ship any lot of material to the Government that has not been sampled and had its particle size analyzed at the Contractor’s packaging/repackaging facility by the Government and/or the Government’s designated agent(s).

6.6 The Contractor shall not package/repackage less than 200 MT and not more than 400 MT of material intended for delivery to the Government in any given month.

6.7 The Contractor shall submit written notification(s) to the Contracting Officer (KO) and the

Contracting Officer’s Representative (COR) a minimum of thirty (30) calendar days in advance of performing any packaging/repackaging of lot(s) of material at their repackaging/repackaging facility. The Contractor shall only package/repackage lot(s) of material, intended for delivery to the Government, at their repackaging/repackaging facility when the Government and/or the Government’s designated agent(s) are present and performing sampling and particle size analysis operations at the Contractor’s packaging/repackaging facility.

6.8 The Government will select and use an independent laboratory located within the Continental

United States to test the representative samples of each lot of material collected by the Government and/or the Government’s designated agent(s) to verify each lot’s conformance with the specifications identified in this SOW.

7. CERTIFICATES OF ANALYSIS (COA)

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

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

7.3 The COA is a legal document in which the Contractor certifies that all material(s) delivered by the Contractor conform to the specifications identified in this SOW. The Government will determine if the lot(s) of material should be shipped to the delivery point based on each submitted COA. The contractor shall carefully sample and test the material to ensure the reliability of each COA they submit to the Government.

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

7.5 Every COA shall have a statement certifying that the material listed in the COA meet and/or exceed the specifications identified in this SOW.

7.6 Every submitted COA shall include the following at a minimum:

a. Lot number.

b. Weight and number of containers (e.g. drums) 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.

i. Printed name and signature of analyst.

7.7 Each COA shall be sent to the Contracting Officer’s Representative (COR) for review and acceptance prior to shipment of each lot of material to the delivery point.

7.8 The Government will review each COA submitted to determine acceptability and conformance with the specifications identified in this SOW. The COR will notify the Contractor of the acceptability/unacceptability of each COA within twenty (20) business days after receipt of each

COA.

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

COA by the Government.

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

8. PACKAGING

8.1 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. Only steel drums with a UN rated packaging group “X” shall be utilized by the Contractor. 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 pre-approved for use under this SOW by the Government.

8.2 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. No single loaded drum shall weigh more than the gross weight listed within the UN rating of the drum that has been pre-approved by the Government. (e.g. a loaded drum with a UN rating of UN 1A2/x400/S shall not weight more than 400 kg. gross, a loaded drum with a UN rating of UN 1A2/x425/S shall not weigh more than 425 kg. gross.).

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

8.3 The material shall be packaged in polyethylene plastic bags. The contractor shall submit detailed specifications for the proposed polyethylene liners for use under this SOW for review and acceptance/approval by the COR prior to their utilization. No polyethylene liners shall be utilized that have not been pre-approved for use under this SOW by the Government.

a. Each bag shall have a minimum thickness of eight (8) mils.

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.

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

8.5 Palletizing Requirements

8.5.1 All drums shall be placed onto new undamaged pallets meeting the specifications listed in paragraphs 8.5.2 or 8.5.3 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 8.5.2 and 8.5.3 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 pre-approved for use under this SOW by the Government. The use of used, recycled, repaired, remanufactured and/or refurbished pallets will not be acceptable.

8.5.2 Wooden Pallet Design and Construction: See paragraph 8.5.3 of this SOW for additional pallet requirements.

Wooden Pallet Design:

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

e. 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 greater than 1,000 pounds per square foot.

Wooden 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 interchangeably.

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.

8.5.3 Alternate Pallet Design and Construction: DLA will consider pallets constructed of alternate materials (e.g., steel, resin composite etc.) proposed by the Contractor. See paragraph 8.5.2 of this SOW for additional pallet requirements.

Alternate Pallet Design:

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

b. The same material shall be used throughout the entire pallet (with the exception of metallic strengthening components installed in pallets made of resin composite which will be acceptable).

c. 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).

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

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

f. Pallets may be reversible in design.

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

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

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

j. 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 requirement listed in ISPM-15 (International Standards for Phytosanitary Measures Number 15) (e.g. heat treated etc.) as applicable.

8.5.4 A copy of the Safety Data Sheet (SDS) for the contained material shall be provided external to the packed material with each lot of material delivered. 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.

9. LABELING

9.1 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.

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

9.2 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).

9.3 Three tags/labels shall be attached to each drum

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

9.3.2 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.

9.4 If the material is considered hazardous as defined by OSHA 29 CFR 1910.1200 and/or the

United Nations GHS, a label shall be prepared and affixed to each drum in accordance with those requirements.

9.5 In accordance with The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), the

SDS shall contain the chemical name and concentration or concentration range of all ingredients which are classified as health hazards and are: present above their cut-off/concentration limits or present a health risk below the cut- off/concentration limits. The SDS shall be in English.

10. TRANSPORTATION

10.1 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 Hawthorne Army Depot located in Hawthorne, Nevada, 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.

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

Occupational Health Management System (ESOHMS), Hawthorne 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

11. TARIFFS

11.1 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.

11.2 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.

11.3 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.

12. DELIVERY

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

12.1 Delivery

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

Defense Logistics Agency Hawthorne Army Depot 1 South Main Avenue Hawthorne, Nevada 89415-9404

Telephone 703-223-2295

Site Manager: Rob Mathias

Shipping hours: 0800 to 1430 hours 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 (CAS) Carrier Appointment System 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 must 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.

12.1.2 The Contractor shall submit a COA for each lot of material to the COR for review and acceptance prior to shipment of each lot of material in accordance (IAW) section 7 of this SOW. The Contractor shall not ship any material prior to the review and acceptance of each submitted COA by the Government.

12.1.3 The Government will review each COA submitted to determine its acceptability and compliance with the requirements identified in this SOW. The COR will notify the Contractor of the acceptability/unacceptability of each COA within twenty (20) business days after receipt of each COA.

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

12.1.5 The Contractor shall ensure that all transportation companies use the (CAS) Carrier

Appointment System 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 must 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.

12.1.6 The Contractor shall abide by the rules, laws, and regulations when accessing/delivering the material to the Government Storage Depot (delivery point), as referenced in Attachment I of the solicitation: Depot On-Site Rules and familiarize themselves with the Hawthorne Army Depot, its operations, and safety, Attachment II:

Hawthorne Depot ESOHMS Orientation Guide for Contractors and Visitors.

12.1.7 The Contractor shall deliver a total of 3,600 MT of the material within twelve (12) months after contract award and an additional 2,100 MT of material in option year one

(1) and 1,440 MT of material in option year two (2) within twelve (12) months after each option is exercised by the Government. The Contractor shall deliver no more than 300 MT in each month and no more than 60 MT in each day.

13. Inspection and Acceptance

13.1 The material inspection and acceptance location will be at the delivery point.

13.2 The Government will perform visual inspections of all material upon receipt at the delivery point to verify conformance with the specifications listed in this SOW that can be verified visually.

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

13.4 If any delivered material does not conform to the specifications listed in this SOW or is not the same as that indicated on the COA, the Government will reject the non-conforming material. The Contractor shall be responsible for the removal and replacement of rejected non-conforming material, including all attendant costs, within ninety (90) calendar days of receiving a written notification of rejection of non-conforming material from the Government. The Government reserves the right to ask for compensation for lost time.

14. 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