2) Sample SubK.pdf

Subcontract No. TBD Page 1

SUBCONTRACT

NO. TBD

The Regents of the University of California Lawrence Berkeley National Laboratory One Cyclotron Road Berkeley, CA 94720

Subcontractor:

TBD

Attention: TBD Address: TBD City, State Phone: TBD E-Mail: TBD

University Procurement Representative:

Name: Martha Gamarano Grausz Title: Sr. Subcontracts Administrator Phone: (510) 486-6618 E-Mail: MGGrausz@lbl.gov

Introduction This is a fixed price Subcontract (hereinafter "Subcontract") for the manufacture, assembly, and testing of 5 flexure systems, 2 transport yokes, 4 vacuum chambers, 4 copper liners, 15 flexure mounting column subassemblies, and 13 vacuum chamber support column subassemblies, as further described herein. The North American Industry Classification System (NAICS) for this acquisition is 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing.

This Subcontract is between The Regents of the University of California, (hereinafter "University") and the party identified above as the "Subcontractor".

This Subcontract is issued under Prime Contract No. DE-AC02-05CH11231 between the University and the United States Government (hereinafter "U.S. Government"), represented by the Department of Energy (hereinafter "DOE") for the management and operation of the Lawrence Berkeley National Laboratory (hereinafter "LBNL") and the performance of certain research and development work.

Agreement The parties agree to perform their respective obligations in accordance with the terms, conditions, and provisions of the attached SCHEDULE OF ARTICLES and the documents referenced or incorporated therein, which together with this Signature Page shall collectively constitute the entire Agreement and shall supersede all prior negotiations, representations, or agreements, whether verbal or written.

TBD

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

By:

By:

Name:

Name:

Title:

Title:

Date:

Date:

Subcontract No. TBD Page 2

SCHEDULE OF ARTICLES

ARTICLE 1 – ORDERED ITEMS

Description The Subcontractor shall furnish and deliver the following ordered item(s), in accordance with this Subcontract:

Beamlines COSMIC 7.0.1 & MAESTRO 7.0.2

Item

LBNL

Drawing

Subassembly/ Component

Qty UOM Unit Price

Tariffs/ Charges

Extended Amount

Delivery Schedule

1 AL-

1445-

Assembled and tested COSMIC M1 Flexure Assembly, without optic

1 EA TBD TBD TBD TBD

2 AL-

1747-

Assembled and tested

MAESTRO M1

Flexure Assembly, without optic

1 EA TBD TBD TBD TBD

3 AL-

1444-

Assembled and tested COSMIC M3 Flexure Assembly, without optic

1 EA TBD TBD TBD TBD

4 AL-

1546-

F Assembled and tested MAESTRO M211 Flexure Assembly, without optic

1 EA TBD TBD TBD TBD

5 AL-

1807-

Assembled and tested

MAESTRO M221

Flexure Assembly, without optic

1 EA TBD TBD TBD TBD

6 AL-

1635-

Assembled and tested COSMIC M1 Base Vacuum Tank Assembly, with port blanked

1 EA TBD TBD TBD TBD

7 AL-

1635-

Assembled and tested MAESTRO M1 Base Vacuum Tank Assembly, with port blanked

1 EA TBD TBD TBD TBD

8 AL-

1635-

Assembled and tested COSMIC M3 Base Vacuum Tank Assembly, with port blanked

1 EA TBD TBD TBD TBD

Subcontract No. TBD Page 3

9 AL-

1635-

Assembled and tested MAESTRO M3 Base Vacuum Tank Assembly, with port blanked

1 EA TBD TBD TBD TBD

10 AL-

1455-

Assembled Tank Column Assembly Free

5 EA TBD TBD TBD TBD

11 AL-

1455-

Assembled Tank Column Assembly Slot

4 EA TBD TBD TBD TBD

12 AL-

1454-

Assembled Tank Column Assembly Fixed

4 EA TBD TBD TBD TBD

13 AL-

1418- 3702 &

AL-

1452-

Column Bellow Assembly with Coupler

15 EA TBD TBD TBD TBD

14 AL-

1613-

M1 Flexure yoke 1 EA TBD TBD TBD TBD

15 AL-

1613-

M3 Flexure yoke 1 EA TBD TBD TBD TBD

16 - Auxiliary components listed in AL-1746- 4743 Sheet Auxiliary Components

1 set EA TBD TBD TBD TBD

17 - Ti-662 - Flexure Material (Titanium), 5.5” x 6.0” x 15.625”

5 EA TBD TBD TBD TBD

18 - PH 13-8 Mo - Flexure Mount Material (Stainless Steel)

5 EA TBD TBD TBD TBD

Total

OPTION

19 -

1-year Extended Warranty (To be exercised by LBNL 6 months before the end of the standard 1-year warranty)

1 EA TBD N/A TBD N/A

Subcontract No. TBD Page 4

Total with Option (Item 19)

Total Subcontract Amount: $TBD

The above delivery schedule identifies the date(s) by which the specified item(s) shall be delivered to the shipping address indicated in the article below entitled Shipping Requirements.

Acceptance Acceptance of the items described above is based upon successful completion of the acceptance criteria per the Statement of Work (SOW) AL-1697-2252, Titled SOW: M1/M3 Flexure Systems and Vacuum Chambers, Rev. G, dated 10/22/2025, incorporated into this Subcontract.

Notice to Proceed The following documents shall be submitted to the University. Acceptable documents, as determined by the University, must be submitted, and a Notice to Proceed must be issued before any work may commence, unless otherwise noted below.

• Hold Point (HP) – The Subcontractor must not proceed beyond a hold point (HP) per the incorporated Statement of Work (SOW) AL-1697-2252 Titled SOW: M1/M3 Flexure Systems and Vacuum Chambers, Rev. G, dated 10/22/2025, Section 8.6 – Hold Points and what is required, without a formal written Notice to Proceed (NTP).

ARTICLE 2 – PRICE AND PAYMENT

Fixed Price The Subcontractor shall furnish and deliver the ordered item(s) for the total fixed price of $TBD.

Sales or Use Tax Items purchased by the University hereunder are treated as for resale, per the University's California State Resale Permit No. SR-CH 21-835970 for LBNL, and shall not be subject to any California or other State sales or use tax if shipped to California. Any items furnished hereunder for rentals or leases are subject to California State sales or use tax, and such tax is included in the fixed prices/rates stated herein.

The University of California State Resale Permit No. SR-CH 21-835970 for LBNL is available at:

http://procurement.lbl.gov/supplier-forms/.

Invoices

• The Subcontractor shall email invoice(s) directly to the LBNL Accounts Payable Office at APInvoice@lbl.gov, acceptance of the item(s). The "subject" line of the email shall state the Subcontractor's name and the Subcontract number. If final invoices are not submitted within 180 days of acceptance, then any amounts paid by the University to that point will represent satisfaction in full by LBNL under this Subcontract and an Accord and Satisfaction. This means that LBNL will not be obligated to make any further payments under this Subcontract.

To avoid delays in processing and payment, Subcontractors should include only one attachment per email. Multiple invoices should be combined and attached as a single portable document format (PDF) or Microsoft Word or rich text format (RTF) file (up to 30 individual invoices per http://procurement.lbl.gov/supplier-forms/ mailto:APInvoice@lbl.gov

Subcontract No. TBD Page 5 attachment) or emailed separately (one attachment per email). Do not include icons/pictures in the email (logos, etc.) and ensure only one subcontract number is listed on the invoice.

• Invoice(s) shall state: the Subcontract number; the Subcontractor (including business heading or logo); bill to address (same address as above); invoice date; unique invoice number; remittance address; sufficiently identify the items/services being invoiced; and identify any separately payable freight charges (with receipts if available) and taxes. Invoice(s) in a spreadsheet format are not acceptable, but a spreadsheet can be used to support an invoice. The Subcontractor shall maintain records which support all invoiced amounts and provide them to the University Procurement Representative upon request.

Payment Terms All invoices except the final invoice shall be payable within 30 days of receipt, or 15 days if the Subcontractor is a designated small business, if the invoice submission is compliant with the subcontract requirements for invoicing; provided, however, that payments made thereafter shall not be subject to any penalty, interest, or late charges. Only those items/services identified in this Subcontract or a Subcontract Modification will be considered for payment. Payment amounts may be adjusted for any applicable credits, offsets, or withholds. Full payment shall not be due until any final acceptance requirements of this Subcontract have been satisfied. For inquiries about the status of an invoice, call (510) 486-6954 or aphelp@lbl.gov.

ARTICLE 3 – SUBCONTRACT ADMINISTRATION

Notices, Requests, and Modifications The Subcontractor shall submit all notices and requests for approval by email to the University Procurement Representative indicated on the signature page.

Only the University Procurement Representative is authorized to modify the terms, conditions, and requirements of this Subcontract, including any changes to the description of the work, and to issue any notices and approvals required by this Subcontract. Certain changes to this subcontract may be made only by the University Procurement Representative without subcontractor agreement or negotiation prior to the change. Such changes may include: changes of an administrative nature, directed changes pursuant to the clause incorporated herein entitled: “CHANGES,” unilateral modifications authorized by clauses other than the Changes clause, and termination notices. Apart from the University Procurement Representative’s authority to issue unilateral changes, the parties may mutually agree to make changes in the work ordered, or modify any other term or condition of the subcontract, resulting in an amendment to the subcontract, but only by a written modification signed by the authorized representatives of both parties.

Technical Representative TechRep@lbl.gov is the Technical Representative for this Subcontract. This individual is designated to monitor performance of the work and to interpret and clarify the technical requirements, but is not authorized to make changes to the work or to modify any of the terms and conditions of this Subcontract, including those related to the completion schedule or pricing.

Tech Rep TechRep@lbl.gov

(510 486-XXXX

Subcontract No. TBD Page 6

Technical Direction and Changes Performance of the work under this Subcontract shall be subject to the technical direction of the University Technical Representative. The Subcontractor shall promptly proceed with the performance of technical direction of the nature prescribed by this article issued by the University Technical Representative.

The term "technical direction" is defined to include directions to the Subcontractor within the Scope of Work of the Subcontract which: (1) clarify the desired work emphasis between work areas or tasks; (2) direct the pursuit of certain lines of inquiry; (3) assist in the interpretation of drawings, specifications, or technical portions of the work description; or (4) fill in details necessary to perform and complete the Scope of Work. All technical direction must be issued in writing by the University Technical Representative.

The University Technical Representative is not authorized to issue any technical direction which would:

(1) constitute an assignment of work outside the general scope of the work covered by this Subcontract;

(2) change the description of the work to be performed or any applicable drawings, designs, and specifications; (3) change the time or place of performance; the method of shipment or packaging, or the place of inspection, delivery or acceptance; (4) increase the estimated cost for performance of the work, the fixed fee, or the time required for performance of the work; (5) change any expressed term or condition of the Subcontract; or (6) unreasonably interfere with the Subcontractor’s ability to perform and complete the work.

Any such technical direction must first be authorized by a written modification to this Subcontract issued by the University Procurement Representative, as provided in the clause of these General Provisions entitled Changes.

If any instruction or direction by the University Technical Representative falls within one of the types described in the paragraph above, the Subcontractor shall not proceed to act on such technical direction and shall promptly notify the University Procurement Representative. Upon receipt of a notification from the Subcontractor, the University Procurement Representative shall promptly advise the Subcontractor either that, in accordance with the Changes clause: (1) the technical direction is within the general scope of the Subcontract and does not constitute a change and to proceed to act on such technical direction; or

(2) the technical direction is not within the general scope of the Subcontract or would constitute a change, and to not act on such technical direction unless and until the University issues a written modification to the subcontract.

Closeout The Subcontractor shall, as a condition of full payment, assist the University after the completion of the work in accomplishing the administrative closeout of this Subcontract, including, as necessary or required, the furnishing of documentation and reports, the disposition of property, the disclosure of any inventions, the execution of any required documents (including an Assignment and Release form if this form is an incorporated document), the performance of any audits, and the settlement of any interim or disallowed costs.

ARTICLE 4 – FURNISHED AND ACQUIRED PROPERTY

Definitions

• Accountable Personal Property -- Accountable Personal Property includes nonexpendable personal property whose expected useful life is two years or longer and whose acquisition value, Subcontract No. TBD Page 7 as determined by the agency, warrants tracking in the agency's property records, including capitalized and sensitive personal property (41 CFR 102-35.20).

• Equipment (Controlled) -- Equipment (Controlled) means a tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a subcontract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use (48 CFR Subpart 45.101).

• Sensitive Personal Property -- Sensitive Personal Property includes all items, regardless of value, that require special control and accountability due to unusual rates of loss, theft or misuse, or due to national security or export control considerations. Such property includes weapons, ammunition, explosives, information technology equipment with memory capability, cameras, and communications equipment. These classifications do not preclude Subcontractors from specifying additional personal property classifications to effectively manage their programs (41 CFR 102- 35.20).

• High Risk Personal Property -- High Risk Personal Property means property that, because of its potential impact on public health and safety, the environment, national security interests, or proliferation concerns, must be controlled, and disposed of in other than the routine manner. The categories of high risk property are automatic data processing equipment, especially designed or prepared property, export controlled information, export controlled property, hazardous property, nuclear weapon components or weapon-like components, proliferation sensitive property, radioactive property, special nuclear material, and unclassified controlled nuclear information (41

CFR 109-1.100-51).

• Administratively Controlled Property -- Administratively Controlled Property is Government personal property that is not identified as accountable property and is not subject to inventory.

Administrative controls, to the extent practicable, are placed on all property, regardless of useful life, cost, or sensitivity. Administratively controlled property, to the extent practicable, is identified as U.S. Government Property or U.S. DOE Property using an orange LBNL/DOE U.S.

Govt. Prop. sticker. Property controlled at the discretion of individual DOE offices but for which there is no DOE requirement to retain formal records (41 CFR 109-1.100-510).

• Consumable Goods/Supplies -- Consumable Goods/Supplies means a product that is routinely depleted. Examples include supplies such as paper, pens, file folders, toner, ink cartridges, etc.

University Furnished Property The University will furnish the following U.S. Government Property for use as required under this Subcontract:

Item

Model/ Manufacturer

Description Qty S/N Return or Integrate

1 Piezo Actuators

N-216 NEXLINE

by PI

Linear actuator, 600 N, 800n holding, 20mm travel, 5nm encoder resolution

10 N/A Integrate

2 Piezo Controllers E-712K290 NEXLINE by PI

6 axis piezo controller, 50 kHz servo update rate, 20-bit D/A converter, TCP/IP, USB, RS-232

1 125006558 Return

3 Piezo Controllers E-712K290 NEXLINE by PI

6 axis piezo controller, 50 kHz servo update rate, 20-bit D/A converter, TCP/IP, USB, RS-232

1 125032652 Return

Subcontract No. TBD Page 8

Subcontractor Acquired Property The Subcontractor is authorized to acquire, fabricate, or provide the following tangible personal property items for use under this Subcontract. The Subcontractor must not acquire other tangible personal property other than what is listed below for use under this Subcontract without the University Procurement Representative's advanced written approval via a subcontract modification. The Subcontractor is required to notify the University prior to purchasing any Subcontractor Acquired Property, including property that is administratively controlled as defined above. The Subcontractor is not required to notify the University of purchases of consumables/supplies, as defined above. The Subcontractor assumes the risk of not being reimbursed for the property if approvals are not provided by the University in advance via a subcontract modification.

NONE

Disposition All University Furnished Property and Subcontractor Acquired Property listed above must be identified, utilized, accounted for, and protected in accordance with the Property clause of the General Provisions.

If a determination is made that the property must be returned to LBNL, the Subcontractor will be responsible for the associated transportation costs. The Subcontractor must submit a completed Final Property Certification form, as incorporated herein or provided, confirming the property disposition.

ARTICLE 5 – SHIPPING REQUIREMENTS

Shipping Terms The shipping terms are FOB Destination, freight prepaid, and add. All shipments shall be shipped via the Subcontractor's vehicles or a licensed common carrier selected by the Subcontractor, at the Subcontractor's expense.

OR

Shipping Terms (if a foreign subcontractor is selected) The shipping terms are Delivered at Place Unloaded (DPU) (per Incoterms 2020) to the delivery address.

All shipments shall be shipped via a U.S. flag air carrier or U.S. ocean vessel and a U.S. licensed common carrier selected by the Subcontractor.

Shipping Value The Subcontractor is required to declare the full value of the item(s) when shipped.

Shipping Cost Airway bills shall be marked with the appropriate “Government Package” entry. Shipping costs in excess of those per the shipping instructions specified in the subcontract shall be deducted from the Subcontractor’s invoice.

Shipping Address All shipments shall be shipped to the following address:

For the U.S. Department of Energy One Cyclotron Road, Building 69

Subcontract No. TBD Page 9

Berkeley, CA 94720

Shipping Point The shipping point is: TBD.

Customs Clearance To facilitate customs clearance, 48 hours prior to vessel departure, Subcontractor shall email or fax interfreight copies of the following documents to Aeronet Worldwide (broker identified below) and the University Procurement Representative (identified in the Subcontract):

• Bill of Lading

• Commercial Invoice

• Packing List

Aeronet Worldwide 1755 Rollins Road Burlingame, CA 94010 Phone: (650) 259-2155 Fax: (650) 259-2150 Email: SFOimport@aeronet.com

ARTICLE 6 – REPORTS

Type of Reports The Subcontractor shall prepare and submit the following reports to the University:

• Reports as identified within the Statement of Work Reports as identified within the Statement of Work (SOW) AL-1697-2252 Titled SOW: M1/M3 Flexure Systems and Vacuum Chambers, Rev. G, dated 10/22/2025, Section 8.3 - Reporting/Communication Requirements, shall be prepared and submitted in accordance with the instructions provided therein.

Submittal Reports shall be separately submitted to the following recipients at the following email or mailing address:

Attention: [Intended Recipient; see below] One Cyclotron Rd., Mail Stop [see below] Berkeley, CA 94720

Recipient Mail Stop Email Tech Rep TBD TechRep@lbl.gov Martha Gamarano Grausz 90R1121 MGGrausz@lbl.gov

ARTICLE 7 – APPROVAL OF TECHNICAL DATA

If this Subcontract requires the Subcontractor to furnish any drawings, specifications, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance or test data, or other technical data for approval by the University prior to Subcontractor performance, the approval of the data by the mailto:SFOimport@aeronet.com

Subcontract No. TBD Page 10

University shall not relieve the Subcontractor from responsibility for any errors or omissions in such data or from responsibility for complying with the requirements of this Subcontract, except as specified below.

Any work done prior to such approval shall be at the Subcontractor's risk.

Unless otherwise specified, the University requires a period of 10 working days from date of receipt to review and approve the data. If the University does not approve the data within the allotted time period, the parties will establish a new time period for review and approval of the data and, if necessary, the delivery schedule or completion date will be equitably adjusted.

If the data includes any variations from the Subcontract requirements, the Subcontractor shall describe such variations in writing at the time of submission of the data. If the University approves any such variation(s), a change order to the Subcontract shall be issued by the University and, if appropriate, a bilateral modification to the Subcontract shall be negotiated.

ARTICLE 8 – PRELIMINARY INSPECTION

The University reserves the right to observe and witness all phases of the manufacturing of the items, including design, fabrication, assembly, testing, and inspection, conducted at the Subcontractor's facility or at any of its sub-tier subcontractors' facilities.

Preliminary in-process and source inspections may be performed at the Subcontractor's facility or at any of its sub-tier subcontractors' facilities. The inspection shall allow the University to verify that the Subcontractor has met the requirements of this Subcontract. Prior to University inspection, the Subcontractor shall perform a complete inspection and document the results. The Subcontractor shall present this documentation to the University at the time of the preliminary inspection. Such preliminary inspection does not waive the right of the University to inspect and accept or reject at the destination. The University reserves the right to subcontract with a qualified third party to conduct on its behalf any or all of the University inspections.

ARTICLE 9 – ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

The Laboratory is subject to several interacting initiatives and federal and DOE requirements related to sustainability, including waste reduction, Recycled Content Products (EPA Designated Products), Biobased (BioPreferred®), energy efficient products (EnergyStar®), environmentally preferable and energy efficient electronics (EPEAT® and Federal Energy Management Program (FEMP) Designated Products), Non-Ozone Depleting Alternative Products (SNAP) and Water Efficient Plumbing Products (EPA Watersense®). The Laboratory also implements State of California requirements on packaging and electronic waste recycling.

The subcontractor must deliver products and services in compliance with this article which implements the requirements of DOE’s Sustainable Acquisition Program, as well as other federal- and state-mandated sustainability requirements.

In the performance of this Subcontract, the Subcontractor must specify, furnish, and use environmentally preferable products and services (i.e., products and services with a lesser or reduced effect on human health and the environment), to the maximum possible extent consistent with the Subcontract requirements herein, the General Provisions, and the intended end use of the products or services. The Laboratory

Subcontract No. TBD Page 11 generally considers the requirements practicable unless a specific program exception applies. Refer to SFTool.gov/Vendor Resources for links to sustainability resources and information on environmental programs the Laboratory and its suppliers/subcontractors are required to comply with, including exceptions.

The subcontractor must maximize, to the extent feasible, the procurement of materials and operations with lower embodied emissions and alternatives to ozone-depleting substances and high global warming potential hydrofluorocarbons.

The subcontractor must minimize, to the extent feasible, the supply of products and services determined by the EPA to be contaminants of emerging concern (CEC), including pharmaceuticals and personal care products and CECs found therein. The subcontractor shall provide Safer Choice labeled products under this subcontract, as applicable. The subcontractor is encouraged to visit https://www.epa.gov/saferchoice for updated lists of qualifying products.

The subcontractor must minimize the supply of products with toxic and hazardous characteristics, and minimize the generation of toxic and hazardous waste, to the maximum extent practicable.

E-Waste Recycling Requirements. All recyclers of electronic equipment must be e-Steward certified by the Basel Action Network (BAN).

For any equipment removed by the subcontractor and scheduled to be refurbished or recycled, the subcontractor must attest that those actions will be handled by a refurbisher or recycler that is third-party certified to one of the known electronics recycling certification programs that is used in the United States, the Responsible Recycling Standard (R2) or the E-Stewards Standard.

Information on environmentally preferable products and services is also available at:

https://www.epa.gov/contracts/greening-government-procurement. State of California sustainable procurement information can be found at: https://ucop.edu/procurement-services/for-suppliers/sustainable-procurement/sustainable-procurement-training-resources.html

Questions regarding these sustainable acquisition requirements may be directed to the Laboratory Sustainable Procurement Representative (Business-Assurance-Sustainable@lbl.gov).

Packaging The subcontractor must minimize the supply of single use items including single-use plastic foodware (e.g., plates, cups, utensils, beverage bottles and bags).

The subcontractor must make good faith efforts to utilize smart-size packing; to customize box sizes in order to reduce packaging waste, and to minimize the number of shipments per order. Recycling practices and methods should be used to minimize the adverse effects on the environment. The subcontractor must use every reasonable effort to use cardboard and paper-based packaging materials for shipments to the Laboratory.

Packaging Requirements All packaging must be compliant with the California Toxics in Packaging Prevention Act (California AB 455). and must meet all additional standards and requirements set forth in the UC Sustainable Practices Policy. In addition, the Laboratory requires that all packaging meet at least one of the criteria listed below:

https://sftool.gov/learn/about/652/vendor-resources#sftoolpages https://www.epa.gov/saferchoice https://www.epa.gov/contracts/greening-government-procurement https://ucop.edu/procurement-services/for-suppliers/sustainable-procurement/sustainable-procurement-training-resources.html https://ucop.edu/procurement-services/for-suppliers/sustainable-procurement/sustainable-procurement-training-resources.html mailto:Business-Assurance-Sustainable@lbl.gov

Subcontract No. TBD Page 12

• Uses bulk packaging;

• Uses reusable packaging (e.g. totes reused by delivery service for next delivery);

• Uses innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging that is a component of the product;

• Maximizes recycled content and/or meets or exceeds the minimum post-consumer content level for packaging in the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines;

• Uses locally recyclable or certified compostable material.

Foam packaging is prohibited as follows:

• Foam Ban – Food Service Packaging - The Laboratory does not allow packaging foam or expanded polystyrene (EPS) for takeaway containers or other food service items, in any University-owned or -operated food service facility.

• Foam Ban – Product Packaging - The Laboratory prohibits all subcontracted and non-subcontracted suppliers from selling or distributing packaging foam (other than that utilized for laboratory supply or medical packaging) to the Laboratory. Packaging foam is defined as any open or closed cell, solidified, polymeric foam used for cushioning or packaging, including but not limited to: low-density polyethylene foam, polypropylene foam, polystyrene foam (i.e. EPS), polyurethane foam, polyethylene foam, polyvinyl chloride (PVC) foam, and microcellular foam.

Not included in this ban are easily biodegradable, plant-based foams such as those derived from corn or mushrooms.

ARTICLE 10 – REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED

COMPUTER SOFTWARE

The Federal Acquisition Regulation clause FAR 52.214-14, RIGHTS IN DATA-GENERAL, is incorporated by reference as part of this Subcontract. Under the clause, the Subcontractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. By acceptance or performance of this Subcontract, the Subcontractor certifies that none of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data or restricted computer software. If the Subcontractor believes data to be provided for fulfilling the data delivery requirements under this Subcontract qualify as limited rights data or restricted computer software, the Subcontractor must notify the University procurement representative and the University technical representative identified in the Subcontract, within 10 days of award and identify such data.

ARTICLE 11 – INCORPORATED DOCUMENTS

The following documents are hereby incorporated as a part of this Subcontract. The order of precedence for each document must be as specified in the Entire Agreement and Order of Precedence clause in the General Provisions. Any other documents not incorporated herein by specific reference are excluded from this Subcontract. The documents marked with an asterisk are available at http://procurement.lbl.gov/supplier-forms/.

• Final Property Certification Form, dated 01/31/25 *

• AL-1697-2252 Titled SOW: M1/M3 Flexure Systems and Vacuum Chambers Rev. G, dated 10/22/2025 http://procurement.lbl.gov/supplier-forms/

Subcontract No. TBD Page 13

• AL-1697-2257 – Titled TS: M1/M3 Flexure Systems and Vacuum Chambers Rev. C, dated 10/21/2025

• AL-1746-4743 – Titled M1/M3 Flexure Systems and Vacuum Chambers BOM Rev. C, dated 10/10/2025

• AL-1220-7841 Titled UHV Chambers and Component Production Requirements Rev. G, dated 08/23/2024

• AL-1009-9880 Titled ALS-U Units Policy and Units Definition Rev. B, dated 04/05/2021

• AL-1697-2263 Titled ACL: M1/M3 Flexure Systems Rev. Rev. A, dated 05/29/2025

• AL-1805-9206 Titled ACL: M1/M3 Vacuum Chambers and Auxiliary Components, Rev. C, dated 10/10/2025.

• AL-1846-2210 Titled Government Furnished Property Tracking Document, Rev. A, dated

09/29/2025

ARTICLE 12 – GENERAL PROVISIONS

The following General Provisions are incorporated by reference into this Subcontract and are available at:

http://procurement.lbl.gov/welcome-to-procurement-property/become-a-supplier/general-provisions/.

General Provisions for Commercial Supplies & Services, dated 01/31/25.

OR

General Provisions for Commercial Supplies & Services (Foreign), dated 01/31/25.

The clauses listed in the referenced General Provisions shall be applicable to this Subcontract, based on the value of the Subcontract, the status of the Subcontractor, or the nature and location of the Services, as indicated in the General Provisions.

The cost accounting standards requirements do not apply to this Subcontract. Accordingly, the related clauses of the General Provisions (FAR 52.230-2, -3, -5, and -6) shall not apply.

(END OF SCHEDULE OF ARTICLES)

http://procurement.lbl.gov/welcome-to-procurement-property/become-a-supplier/general-provisions/