Attachment_A_SOW_EMM.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 3,000 metric tons (MT) of EMM flakes with a manganese (Mn) purity of at least 99.5% by weight.

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

Material shall be delivered with 12 months.

The Contractor shall deliver no more than 300 MT in one month to the Government until the Contractor delivers a total 3,000 MT of EMM to the Government within the period of performance.

4. APPLICABLE DOCUMENTS

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

a. American Society for Testing and Materials (ASTM) A601/A601M – 10, Standard Specification for Electrolytic Manganese Metal, reapproved 2015

b. Occupational Safety & Health Administration (OSHA) 29 Code of Federal

Regulations (CFR) 1910.1200

c. The United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

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

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

f. US CBP Form 6059, General Declaration

g. US CBP Form 5106 (Request for Importer Number, or Notification of Importer

Number), and

h. Department of Transportation (DoT) Hazardous Materials Regulations (49 CFR

170-189).

Attachment A Statement of Work

5. TECHNICAL REQUIREMENTS

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

5.1 Material Description

5.1.1 The material shall meet the chemical specifications of Regular A Grade defined by Table 1 (Chemical Requirements) and Table 2 (Specified Residual Elements) of ASTM Standard Specification for Electrolytic Manganese Metal (Designation: A601/A601M – 10).

5.1.2 The material shall be in flake form. Its size shall be Plate 2 inches (50 mm) by down with the tolerance defined in Table 3 (Standard Sizes and Tolerances) of ASTM A601/A601M - 10.

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 with each production lot.

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. If it is found that the characteristics of a material do not conform to those indicated by the COA, the Government would not only return the material at the contractor’s cost, but also reserve the right to ask for the compensation of the time lost. The contractor shall carefully sample and test the material to ensure the reliability of the COA.

5.2.3 The lot of product 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 sent to the Contracting Officer’s Representative (COR) for review and acceptance prior to shipment of each lot to the delivery point.

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

d. Results of size analysis by lot, and

e. Printed name and signature of analyst.

5.2.7 The COA and all of the 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 compliant steel drums with a rated capacity of 30 gallons or metric equivalent capacity. Refurbished drums will not be acceptable. The Contractor shall package all material delivered throughout the performance of this SOW in the same size and type (identical in all aspects) of the drum.

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

5.3.3 The steel drums shall have a synthetic neoprene gasket to prevent the admission of moisture.

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

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

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

5.3.7 Drums shall be placed on high-density hardwood pallets with approximate size of 102 c 122 centimeters (40 x 48 inches).

5.3.8 The drums shall be banded or shrink-wrapped on the pallets.

5.3.9 A copy of the Safety Data Sheet (SDS), written in English for the contained material, shall be provided externally to the packed material with each lot delivery.

5.4 Labeling

5.4.1 All drums shall be identified with attached tags(s)/label(s) as follows:

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

b. 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.

c. Ink Used to Print Tags/Labels: 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 is not an acceptable method to enter the required information on each tag/label.

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 (e.g. aluminum tags/labels breakdown when in contact with tungsten ores & concentrates).

Tag/label material shall have an expected lifespan of a minimum of 20 years with no degradation.

f. 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 marking 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. (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. (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).

5.4.3 Three tags/labels shall be attached to each drum.

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

5.4.5 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.

5.5 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 Hammond, Indiana, 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, 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.

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 Exemption 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 3200 Sheffield Avenue Hammond, Indiana 46327-1003 United States of America Telephone: (219) 937-5383

Shipping hours: 0730 to 1530 hours, Monday through Friday (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 (weight capacity 4,000,000 lbs or 1,800,100 kg)

7.1.2 The Contractor shall schedule all deliveries in advance 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 the DLA Strategic Material Depot On-Site Rules and familiarize themselves with the Hammond Depot, its operations, and safety the Hammond Depot ESOHMS Orientation Guide for Contractors and Visitors.

7.1.4 The contractor shall deliver material to the Government Storage Depot

(delivery point) listed above within 365 days after the contract is awarded.

7.1.5 The contractor shall deliver 300 MT of material each month until the contracted amount of 3,000 MT is met.

7.2 Inspection and Acceptance

7.2.1 The material inspection and acceptance location will be at the Government

Storage Depot (delivery point).

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. The Contractor has a right to witness any sampling testing performed by the Government. The Contractor will be given ten (10) working days’ notice in advance of dates when the Government will be conducting sampling of selected lots to allow the Contractor to schedule time to be on-site to witness sampling as they feel is appropriate. The Government’s sampling and testing will take place within ninety (90) calendar days from the time the material is received at the delivery point.

7.2.4 If the results of the government’s analysis of the materials indicate the material does not conform to one or more of the specifications of the SOW or is in conflict with the COA submitted by the Contractor; the Government and Contractor shall bilaterally agree to a third party sampling company (if required) and a third party testing company to act as an umpire to determine which analysis of the material is correct. If the results of the third party umpire sampling (if required) and third party umpire testing agree with the Contractor’s COA, the Government will be responsible for all costs of the umpire sampling (if required) and umpire testing. If the results of the third party umpire sampling (if required) and third party umpire testing agree with the Government’s analysis, the Contractor shall be responsible for all costs associated with the umpire third party sampling (if required) and third party umpire testing.

7.2.5 If the Contractor waives their right to witness the Government’s sampling of the material, the Contractor waives the right to have third party umpire sampling performed on the material.

7.2.6 The COR will provide written notification to the Contractor of acceptance or rejection of each lot of material once all inspections and analyses have been completed and passed by the Government. Then, the Contractor shall submit the invoice to the Government.

7.2.7 If any lot, or lots, of the material do not conform to the standards listed in this

SOW, the Government will reject those lots. The Contractor shall remove and replace the material within 90 calendar days of notification of rejection; the Contractor shall be responsible for any and all appropriate remedies in accordance with FAR 52.246-2.

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 DLASM Defense Logistics Agency – Strategic Materials DNSC Defense National Stockpile Center DoT Department of Transportation EMM Electrolytic manganese metal ESOH Environmental, Safety and Occupational Health 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 MT Metric Ton NDAA National Defense Authorization Act OSHA Occupational Safety & Health Admiration SDS Safety Data Sheet SOW Statement of Work S/N Serial Number US United States

8. List of Abbreviations and Acronyms