J.  Alternatives, List of Preapproved Products, and Government or Third-Party Furnished Components

Comment: One respondent stated that where there are "viable and effective alternatives available," the respondent encourages the use of such alternatives. The respondent provided trivalent chromium processes as an example. Another respondent stated that the prohibition clause will "inadvertently prohibit the use of hexavalent chromium solutions that convert to trivalent chromium or other environmentally friendly compounds."

DoD Response: The rule does not prohibit the use of trivalent chromium. The rule is designed to encourage the use of environmentally friendly alternatives as authorization is required to use hexavalent chromium.

Comment: Two respondents requested a list or matrix of preapproved hexavalent chromium products. One respondent recommended that the Government and the contractor manage a list of classes of exemptions based on the current state of the art.

DoD Response: A comprehensive list of applications that are approved for the use of hexavalent chromium is not feasible for the rule. Such a list will be outdated immediately. However, individual solicitations will contain pre-approved uses of hexavalent chromium for specific applications where its use is deemed necessary to meet performance requirements and/or proven substitutes, considering relevant factors, do not exist. DoD program managers will maintain lists of pre-approved applications based on the criteria for approving substitutes pursuant to the April 8, 2009, memorandum, while taking into consideration the current state of art.

Comment: One respondent stated that contractors may be required to incorporate Government-furnished components or equipment in the final products assembled. Therefore, the contractor should not be held liable or responsible for screening such items if the finished product contains hexavalent chromium content in the supplied items from a third party or Government.

DoD Response: If any Government-furnished component contains hexavalent chromium, the use will be authorized by the Government. With regard to components supplied by a third party to a prime contractor, it is the responsibility of the prime contractor to know what subcontractors and suppliers provide and comply with the rule. The prime contractor should require subcontractors and suppliers to provide information regarding the content of hazardous and toxic materials. In most cases, Material Safety Data Sheets can be used to provide such information.