Attachment_C-Revised_SOW_4N_Eu_Oxide.pdf

SP8000-17-R-0022 Page 1 of 11

Attachment C-Revised Statement of Work (SOW)

99.99% (4N) Europium Oxide (Eu2O3)

1. BACKGROUND

Europium is a rare earth material used for increasing the energy efficiency of compact fluorescent lighting (CFLs), linear fluorescent lighting (LFLs) and visual displays. Europium comes in various forms such as metal, oxide, and mixed rare earth concentrate. The most utilized form is 99.99% (4N) Europium Oxide, which is the grade of Europium used as a dopant for phosphors.

2. SCOPE

Defense Logistics Agency (DLA) Strategic Materials intends to purchase a cumulative inventory of 28,000 kilograms of Phosphor Grade 99.99% (4N) Europium Oxide.

3. APPLICABLE DOCUMENTS

The following documents apply to this SOW.

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

3.2. United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

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

3.4. US Customs and Border Protection (CBP) Form 7501.

3.5. US Customs and Border Protection (CBP) Form 6059, General Declaration.

3.6. US Customs and Border Protection (CBP) Form 5106 (Request for Importer Number, or Notification of Importer Number).

4. TECHNICAL REQUIREMENTS

The following sections define the requirements for the material, material packing, and material transportation:

4.1. Material Description

4.1.1. The material shall be 99.99% (4N) of phosphor grade of europium oxide with the chemical formula of Eu2O3.

4.1.2. The material shall meet the following chemical and physical specifications:

4N Europium Oxide Statement of Work

Phosphor Grade 99.99% (4N) Europium Oxide Eu2O3 / TREO ………….. 99.99 %

D50 Particle Size (μm) ………….. 2-6

TREO ………….. ≥ 99%

LOI ………….. ≤ 1%

RE Impurities (ppm) La2O3 ………….. < 5 CeO2 ………….. < 5 Pr6O11 ………….. < 5 Nd2O3 ………….. < 5 Sm2O3 ………….. < 5 Gd2O3 ………….. < 5 Tb2O3 ………….. < 5 Dy2O3 ………….. < 5 Ho2O3 ………….. < 5 Er2O3 ………….. < 5 Tm2O3 ………….. ≤ 1 Yb2O3 ………….. ≤ 1 Lu2O3 ………….. ≤ 1 Y2O3 ………….. ≤ 2

Non-RE Impurities (ppm) Fe2O3 ………….. ≤ 7 PbO ………….. < 2 CuO ………….. < 5 CaO ………….. < 5 SiO2 ………….. ≤ 20

NiO ………….. < 5 ZnO ………….. < 5 Cl ………….. ≤ 70

4.1.3. The material shall be in the form of a fine white powder. A slight pinkish shade is acceptable.

4.2. Testing

4.2.1. The Contractor shall provide a certificate of analysis (COA) with each lot delivered.

4.2.1.1. The COA shall be in English.

4.2.1.2. The COA shall include:

a) Lot number,

b) Results of chemical analysis and particle size.

4.2.2. Producer/Supplier Responsibility for Independent Third-Party* Conformance Testing

4.2.2.1. In addition to submitting a producer’s certificate for the material, the Producer/Supplier shall also provide independent third-party testing (sampling and laboratory analysis) of the delivered material to verify that it conforms to all specifications set forth in Section 4.1 of this SOW.

4.2.2.2. Selection of the testing companies and their qualifications are subject to approval by the DLA Strategic Materials Program Manager for Materials Testing.

4.2.2.3. The specifications required in Section 4.1 of this SOW shall be incorporated into the conformance-testing procedures. [See Attachment 1: DLA Strategic Materials Requirements Regarding Independent Third- Party Conformance Testing].

4.2.2.4. A sample(s) shall be taken in the Government Storage Depot. The Producer/Supplier shall contact the Contracting Officer Representative (COR) to schedule/coordinate sampling activities. The on-site security and environmental, safety, and occupational health rules of DLA Strategic Materials shall be followed by visitors to Depots. [See Attachment 2: DLA Strategic Material Depot On-Site Rules].

4.2.2.5. If the Contractor uses an independent testing company to conduct their standard COA tests, the Government will consider waiving the requirement for independent third party testing. If the Contractor uses this option, the independent testing company shall be approved by the Government in advance.

The detail requirements for the Independent Third Party testing are addressed in Attachment 1 of this SOW.

*Herein a “party” is defined as:

a) 1st party = Producer/Suppler;

b) 2nd party = DLA Strategic Materials;

c) 3rd party = Independent company not affiliated with the other two parties.

4.3. Packaging

The material is intended to be packaged for long-term storage (20 plus years).

4.3.1. The material shall be packaged in two (2) separate polyethylene or polyvinyl chloride plastic bags. Europium Oxide is hydroscopic and will absorb moisture and Carbon Dioxide (CO2) from the atmosphere if not packaged correctly.

4.3.2. The bags shall be a minimum thickness of 0.2 millimeters.

4.3.3. The bags shall be sealed to prevent leakage.

4.3.4. The bagged material shall be packaged in 50-kilogram steel drums (industry standard).

4.3.5. The steel drums shall have an interior epoxy and/or phenolic coating.

4.3.6. The same size drum shall be used for all deliveries (three gallon drums are preferred).

4.3.7. Drum manufacturer certification shall be packaged with each shipment representing all drums in that shipment.

4.3.8. Upon delivery, the drums’ structural integrity shall be intact and free of damage that affects the longevity of material storage or standard handling ability.

4.3.9. A copy of the Safety Data Sheet (SDS) for the material shall be affixed externally to the packed material with each lot delivery.

4.4. Labeling

4.4.1. Each drum shall have three (3) tags with one (1) tag being inside the drum, one

(1) being affixed outside and one (1) being affixed on-top of the drum.

4.4.2. The information on the tags shall be in English.

4.4.3. The information on the tags shall not include a security classification or anything indicating National Stockpile ownership other than the contract number.

4.4.4. The information listed below shall be on each tag:

a) Material Name

b) Material Grade, Type, or Form

c) Country of Origin

d) Producer Name

e) Gross weight in pounds and metric units (metric units to be in parentheses)

f) Net weight in pounds and metric units (metric units to be in parentheses)

g) Lot number

h) Drum serial number (S/N). (The serial number is the individual drum or box number out of the total number in the lot; example “S/N 6 of 33”)

i) Government contract number

j) Manufacturer’s specification name, number and date

4.4.5. Wooden pallets shall be used to hold the drums for transportation and storage.

4.4.6. The wooden pallets shall be of approximate size of 122 x 122 centimeters (48 x 48 inches).

4.4.7. Once loaded on the pallets, the drums shall be secured and protected with plastic wrap or bands.

4.4.8. If the material is considered hazardous as defined by the Occupational Safety and Health Administration (OSHA) 29 CFR 1910.1200 and the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS), a label shall be prepared and affixed to each drum and container in accordance with these requirements.

4.5. Transportation

4.5.1. 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 Hammond, Indiana, United States. The transportation of this material shall comply with all relevant Federal, State, and Local, including the Department of Transportation (DoT) Hazardous Materials Regulations ( 49 CFR 170-189) where appropriate.

4.5.2. The Contractor, its agents, and employees shall comply with the Environmental, Safety, and Occupational Health (ESOH) Policy of DLA Strategic Materials while in storage facilities where stockpile material is stored. The policy can be found on the DLA Strategic Materials website:

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

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

5. TARIFFS

5.1. Exemption of Tariffs

This purchase of europium 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.

5.2. Execution of Exemption

The exemption forms shall be filed by the Contractor and executed on the US Customs and Border Protection (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.

5.3. 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.

6. DELIVERY AND ACCEPTANCE

6.1. Delivery Point

6.1.1. The Contractor shall deliver materials to the Government Storage Depot at the following address during the operating hours shown below:

Defense Logistics Agency 3200 Sheffield Avenue Hammond, Indiana 46327-1003 United States of America Telephone: (219) 937-5383 Shipping hours: 0730 – 1530 Monday - Friday Accessibility: Truck/Rail scale is available (Weight Capacity 4,000,000

Lbs. or 1,800,100 Kgs.)

6.1.2 The Contractor shall abide by the rules, laws and regulations when accessing/delivery the material to the Government Storage Depot, as referenced in Attachment 2: DLA Strategic Material Depot On-Site Rules.

6.2. Inspection and Acceptance

The material inspection and acceptance location will be at DLA Strategic Materials Hammond Depot.

6.2.1. If any lot, or lots, of the material do not conform to the standards, the Government will reject those lots. The Contractor shall be responsible for any and all appropriate remedies IAW FAR 52.212-04(a) —

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, within a reasonable time after the defect was discovered or should have been discovered.

6.3. Delivery Date

The Contractor shall deliver the material to the Government Storage Depot stated above within 270 calendar days after the contract is awarded.

All material deliveries and tests/analyses/samples will be accomplished within 365 days after the contracted is awarded.

APPENDIX 1: List of Abbreviations/Acronyms

4N 99.99% by weight

CBP Customs and Border Protection

CFL Compact fluorescent lighting

CFR Code of Federal Regulations

CIP Carrier and Insurance Paid To

COA Certificate of Analysis

CO2 Carbon Dioxide

COR Contracting Officer’s Representative

ESOH Environmental, Safety, and Occupational Health

Eu2O3 Europium oxide

DLA Defense Logistics Agency

DoT Department of Transportation

GHS Globally Harmonized System

LFL Linear fluorescent lighting

OSHA Occupational Safety & Health Administration ppm parts per million

RE Rare Earth

SDS Safety Data Sheet

S/N Serial Number

SOW Statement of Work

TREO Total Rare Earth Oxide μm micrometers

ATTACHMENT 1:

DLA Strategic Materials: Requirements Regarding Independent Third-Party Conformance Testing

DLA Strategic Materials Testing Requirements o The testing companies (Sampler/Laboratory) shall have expertise/experience in sampling and laboratory analysis of europium or related or similar materials, resulting in an established reputation for excellence.

o The testing companies (Sampler/Laboratory) shall provide all labor, supplies, equipment

(including any appropriate personal protective equipment), and materials necessary to perform their tasks.

o The testing companies (Sampler/Laboratory) shall produce proof of certification(s) accepted by industry as applicable to sampling and analysis of europium and/or produce a Quality Control Plan, detailing the procedures that will be used to ensure efficient and accurate sampling and analysis.

o Sampling shall be performed at a DLA Depot or other designated location no later than 30 days after delivery is completed. If a sample(s) is taken in the DLA Depot, the Producer/Supplier shall contact the COR to schedule/coordinate sampling activities, and the COR, or another DLA representative, will be present to observe the sampling process.

o The Sampler shall sample all material by lot. The mass and number of sample increments and the sampling method shall be in accordance with the appropriate ISO or ASTM standard(s) or procedure(s) recognized as the standard practice in the industry. The Sampler shall combine all sample increments from a lot into an aggregate sample for that lot, and then split the aggregate sample into three (3) separate portions: one (1) laboratory sample for subsequent analysis, and two (2) reserve samples. The Sampler shall weigh, package, label, and seal these samples in accordance with appropriate standards or standard industry practice, and follow chain-of-custody protocols. The sample identification label shall show an ID number that clearly links it to the parent lot, and the material name, acquisition contract number, lot number, location, and date.

o If the Sampler is also providing the laboratory services, the Sampler shall be responsible for transfer of the laboratory sample(s). If the Sampler is not providing the laboratory services, the Producer/Supplier shall be responsible for transfer of the laboratory sample(s). Each of the Producer/Supplier and the COR/other DLA representative will retain one (1) of the two

(2) reserve samples.

o The Laboratory shall conduct analyses/measurements of each of the two laboratory samples of every lot separately, using the standard methods or standard practice in the industry, for chemical, and/or physical, and/or mechanical, and/or electrical/electronic properties listed in Section 4.1 of this SOW.

o After the analyses/property tests have been completed, the Laboratory shall return the remainder of each laboratory sample to the COR, less an appropriate portion for archival retention by the Laboratory.

o The Laboratory shall provide the COR with separate certificates for each sample, in English, showing the results of the chemical, physical, mechanical, and/or electrical/electronic properties of each sample. Each certificate shall also contain the Commodity Name, Type of Material, Lot Number, Sample Number, Sampling Date, Sampling Location, Name and Signature of Sampler, Analysis Date, Contract Number, and Name and Signature of Analyst.

ATTACHMENT 2:

DLA Strategic Materials Depot On-Site Rules

Security: Visiting personnel must comply with all security measures deemed necessary by DLA Strategic Materials.

o Environmental, Safety, and Occupational Health: Visiting personnel must comply with all Federal, State, and local regulations relevant to the performance of the work.

1. DLA Strategic Materials’ Environmental, Safety, and Occupational Health Management System (ESOHMS): Visiting personnel must comply with all aspects of the DLA Strategic Materials’ ESOHMS set forth in the “Orientation Guide for Contractors and Visitors” which will be made available by the COR prior to arrival.

2. Safety Data Sheets (SDS): Visiting personnel who may contact or be in the proximity of the material being sampled must review the pertinent SDS, which provides specific toxicity- and health-related data for the protection of human health and the environment.

The Producer/Supplier must make a copy of the SDS for the material available prior to arrival.

3. Safety Training / Mishap Reporting: The Producer/Supplier must determine the need for personal protective equipment, and, if such equipment is necessary, must ensure that personnel performing sampling have it and are trained in its use. The COR will advise visiting personnel on how to respond properly to emergency conditions (e.g., fire).

Visiting personnel must notify the COR immediately of all injuries, property damage, equipment damage, or vehicle mishaps that occur during the performance of sampling, and must complete and submit a written report of any such incident to the COR to document the occurrence.

4. Transportation: The transportation of samples must comply with all relevant Federal, State, and local regulations, including Department of Transportation (DOT) Hazardous Materials Regulations (49 CFR 170-189) where appropriate. Samples being sent off-site must be labeled with the proper Hazard Communication information, if applicable; and must be accompanied by the SDS.

5. Waste Disposal: All wastes generated from sampling must be disposed of in accordance with all relevant Federal, State, and local regulations.