Revised--Attachment_D-SOW_Eu_SEG.pdf

Revised—Attachment D-Statement of Work (SOW) Samarium-Europium-Gadolinium Plus (SEG+) Oxide Concentrate

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. Samarium- Europium-Gadolinium plus (SEG+) concentrate is a rare earth oxide concentrate that usually contains a certain percent europium oxide (Eu2O3) in addition to the heavier rare earth oxides, such as dysprosium oxide.

2. SCOPE

Defense Logistics Agency (DLA) Strategic Materials intends to purchase SEG+ oxide concentrate containing 6,000 kilograms, dried weight, of Europium Oxide (relative to Total Rare Earth Oxide (TREO)).

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 SEG+ concentrate in oxide form.

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

Revised SOW: Europium SEG+

SEG+ Oxide Concentrate

(weight percentage)

TREO > 95%

LOI ≤ 5%

Contained REO (%)

Eu2O3 / REO >6%

Sm2O3 / REO >35%

Gd2O3 / REO >12%

Tb2O3 / REO > 0.5%

Dy2O3 / REO > 1%

Ho2O3 / REO > 0.15%

Er2O3/ REO > 0.15%

Tm2O3 / REO > 0.007%

Yb2O3 / REO > 0.03%

Y2O3 / REO > 2%

4.1.3. The material shall be in the form of a fine white powder.

4.1.4. The material weight shall be dry weights and based on non-complexed Europium Oxide content.

4.2. Testing: Certificate of Analysis and Independent Third Party 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 the lot number.

4.2.1.3. The COA shall include the results of chemical analysis.

4.2.1.4. The Contractor shall provide an approved COA with each delivered lot.

4.2.1.5. The COA shall be signed by the laboratory analyst.

4.2.1.6. The COAs must be sent to the Contracting Officer’s Representative (COR) for review and approval prior to delivery of each material lot.

4.3 The Contractor shall be responsible for Independent Third Party Testing as verification of the material’s properties.

4.3.1. The Contractor shall provide the name of an independent third party company/companies (for testing, sampling and laboratory analysis) for the Contracting Officer to review.

4.3.2. Selection of the sampling and testing company/companies and their qualification(s) is subject to approval by the DLA Strategic Materials Program Manager.

4.3.3. The specifications listed 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 Testing].

4.3.4. A representative sample(s) shall be independently taken and tested prior to shipment of material. The Producer/Supplier shall contact the COR to schedule/ coordinate sampling activities.

4.3.5. If the Contractor uses an independent sampling and testing company to conduct their standard COA tests, the Government will consider waiving the requirement for independent third party sampling and testing. If the Contractor uses this option, the Government, in advance, shall approve the independent sampling and testing company. The detail requirements for the Independent Third Party sampling and testing are addressed in Attachment 1 of this SOW.

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

4.4.1. The material shall be packaged in two (2) separate polyethylene or polyvinyl chloride plastic bags

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

4.4.3. The bags shall be sealed to prevent leakage.

4.4.4. The bagged material shall be packaged in industry standard steel drums.

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

4.4.6. The same size drum shall be used for all deliveries.

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

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

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

4.5. Labeling

4.5.1. Each drum shall have a total of three (3) tags--one (1) tag being inside the drum, one (1) tag being outside and one (1) tag being on top of the drum.

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

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

4.5.4. 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 dry 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) Manufacture’s specification, name, number and date

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

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

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

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

4.6. Transportation

4.6.1. The Contractor shall be responsible for transport and Carrier and Insurance Paid To (CIP) of the material to point of delivery: The Government 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, including SDS documentation inclusion in shipment requirements.

4.6.2. 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.

5. TARIFFS

5.1. Exemption of Tariffs

This purchase of Europium SEG+ 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 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 Depot Storage at the following address during the operations shown below:

Defense Logistics Agency 3200 Sheffield Avenue Hammond, Indiana 46327-1003 United States of America Telephone: (219) 937-5383 Accessibility: Truck/Rail scale is available

(Weight Capacity 4,000,000 lbs. or 1,800,100 kgs.)

6.1.2. The Contractor shall deliver materials to the Government Storage Depot within the unloading hours of 7:30 AM to 3:30 PM Central Standard Time, Monday through Friday.

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

6.2. Material Inspection and Acceptance

6.2.1 Receiving inspection for identification, packaging and labeling of each delivered lot, along with the required documentation will be conducted at the Delivery Point in Hammond, Indiana.

6.2.2 If any lot(s) do not conform to the standards listed in this SOW, the Government has the right to reject respective lots.

6.2.3 The Contractor shall remove and replace the rejected lots(s)/material within 90 days and be responsible for any and all appropriate remedies

IAW FAR 52.246-2.

6.3. Material Delivery

6.3.1 The Contractor shall submit the COA(s) and third party testing results for each lot of material to the COR for review and approval prior to delivery to the Government Depot.

6.3.2 The Government will have ten (10) business days to review and accept or reject the submitted documents.

6.3.3 Upon approval of the documents, the Contractor then shall deliver the material to the Government Storage Depot stated above within 270 calendar days after the contract is awarded.

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

APPENDIX 1: List of Abbreviations/Acronyms

Bq/kg Becquerel per kilogram

CBP Customs and Border Protection

CFL Compact fluorescent lighting

CFR Code of Federal Regulations

CIP Carrier and Insurance Paid To

COA Certificate of Analysis

CO Contracting Officer

COR Contracting Officer Representative

DLA Defense Logistics Agency

DOT Department of Transportation

ESOH Environmental, Safety and Occupational Health

Eu2O3 Europium oxide

FAR Federal Acquisition Regulation

GHS Globally Harmonized System

IAW In Accordance With

LFL Linear fluorescent lighting

OSHA Occupational Safety & Health Admiration ppm parts per million

RID/ADR European Agreements Concerning the International Carriage of Dangerous Goods by Rail and by Road

RE Rare Earth

SDS Safety Data Sheet

SEG+ Samarium-Europium-Gadolinium plus

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 Testing

DLA Strategic Materials Testing Requirements o The testing companies (Sampler/Laboratory) shall have expertise/experience in sampling and laboratory analysis of SEG+ 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 SEG+ and/or produce a Quality Control Plan, detailing the procedures that will be used to ensure efficient and accurate sampling and analysis.

o Sampling is an integral, and often separate, process from testing. The sampling must be done independently. The Government must be confident the sample being tested is representative of the lot of material. Having the Offeror draw their own sample is not acceptable, unless the Government witnesses and approves the sampling method.

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: a 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 shall 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 Using the standard methods or standard practice in the industry, the Laboratory shall conduct two (2) separate analyses/measurements of each laboratory sample of every lot for chemical, and/or physical, and/or mechanical, and/or electrical/electronic properties listed in Section 4.1 of this SOW. If the two (2) results are different, a third one shall be conducted.

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.