A22-0839 RFP with All Appendices.pdf

Ames Laboratory is operated by Iowa State University for the U.S. Department of Energy.

DATE: 1/21/2022 Sent via email

TO: ALL OFFERORS

SUBJECT: Request for Proposal (RFP) No. A22-0839 for “Arc Melting System”

The Procurement Office of Ames Laboratory (referred to herein as the “Laboratory”) is seeking, through this Request for Proposal (RFP), to acquire an arc melting system as more fully described in Appendix B – Arc Melting System Specifications, dated 1/12/2022 Rev 0, in support of Ames Laboratory located in Ames, Iowa. https://www.ameslab.gov/about-ames-laboratory.

The Laboratory intends to award a single firm-fixed price Purchase Order (PO) resulting from this solicitation to that offeror whose offer conforming to the solicitation will be most advantageous to the Laboratory, the best value, price and other factors as specified, considered. Therefore, your firm is invited to submit a proposal for these requirements.

Below is pertinent information regarding this RFP:

A. GENERAL INFORMATION

1. Educational Discounts.

Iowa State University (ISU) manages and operates Ames Laboratory for the Department of Energy (DOE) as a prime contractor under DOE Contract# DE-AC02-07CH11358 (Prime Contract). Ames Laboratory is not a separate legal entity from ISU. ISU manages and operates Ames Laboratory as a single, integrated, autonomous entity. The relationship between ISU and the Laboratory is not a contractor – affiliated source relationship.

Therefore, offerors are advised that Ames Laboratory is eligible to receive educational discounted pricing.

2. Authorization to utilize Government Sources.

Offerors are advised that Ames Laboratory is authorized by the Government (Department of Energy) to purchase from GSA, and NASA SEWP contract holders.

Therefore, offerors may propose discounted pricing off their contracts held with these agencies.

https://www.ameslab.gov/about-ames-laboratory

RFP No. A22-0839

3. Open Competition.

This RFP is conducted using full and open competition. Ames Laboratory offerors are expected to use small businesses and all classifications of small minority businesses including ANCs and Indian Tribes (SB), veteran-owned small business (VOB), service-disabled veteran-owned small business (SDVOB), HUBZone small business (HUB), small disadvantaged business including ANCs and Indian Tribes (SDB), women-owned small business (WOSB), as sub-subcontractors to the maximum extent consistent with effective contract performance.

4. North American Industrial Classification System (NAICS) Code.

The NAICS code for this acquisition is 333994: Industrial Process Furnace and Oven Manufacturing.

The small business size standard is 500 or less employees.

The table of size standards can also be found online in the small business size regulations set forth in the Electronic Code of Federal Regulations. Offerors can also check whether your business is small using the size standards tool.

PLEASE NOTE: The small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

5. Exceptions to Terms and Conditions.

Offerors MUST agree to the Laboratory's terms and conditions or state any exceptions to the terms and conditions within your proposal response. No further objections to the Laboratory's terms and conditions can be made after your proposal is submitted.

Offerors understand and agree that by submitting a proposal, they are indicating acceptance of all Ames Laboratory Terms and Conditions, as identified as attachments to this RFP, unless such a declaration is made in advance.

The Laboratory cautions Offerors that taking exceptions to any term or condition of this RFP (including submitting any alternate proposals that requires relaxation of a requirement) may make an offer unacceptable. The Laboratory reserves the sole discretion to consider exceptions to terms and conditions or to reject any exceptions. All exceptions must be submitted with the Offeror’s proposal.

https://www.ecfr.gov/cgi-bin/text-idx?SID=b919ec8f32159d9edaaa36a7eaf6b695&mc=true&node=pt13.1.121&rgn=div5#se13.1.121_1201 https://www.sba.gov/size-standards

6. Offer Acceptance Period.

“Acceptance period,” as used in this provision, means the number of calendar days available to Ames Laboratory for awarding Purchase Order from the date specified in this solicitation for receipt of offers.

The Laboratory requires a minimum acceptance period of 60 calendar days. An offer allowing less than the Laboratory’s minimum acceptance period may be rejected.

The Offeror shall state in its offer: “The Offeror agrees that Ames Laboratory may accept this offer up to 60 (or specify longer) calendar days from the date of submission of this offer”.

7. Availability of Funds.

Funds are available up to the Laboratory’s approved budget amount. In the event offerors’ pricing exceeds the Laboratory’s funding limitation, this solicitation may be cancelled.

8. Proposal Preparation Cost.

This solicitation does not commit the Laboratory to pay any cost for the preparation and submission of a response to this RFP.

9. Firm’s Authorized Official.

The offeror’s proposal must be signed by an official authorized to bind your organization and must stipulate that it is predicated upon all the terms and conditions of this RFP.

Offeror shall appoint and list a single point of contact for negotiations and Purchase Order administration once the agreement is awarded.

10. Discussions.

The Laboratory may evaluate offers and award a subcontract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. Discussions may be conducted if the Laboratory determines they are necessary. The Laboratory may reject any or all offers if such action is in the best interest of the Laboratory; accept other than the lowest offer and waive informalities and minor irregularities in offers received.

11. Notice of Award.

A written notice of award or acceptance of an offer, emailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a subcontract without further action by either party. Before the offer’s specified expiration time, the Laboratory may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

B. PROPOSAL INSTRUCTIONS

1. Proposal Package.

The information you provide in your Proposal Package will be the basis for the evaluation of your company. The following instructions will establish the acceptable minimum requirements for the format and contents of proposals. Special attention is directed to the requirements for technical and price proposals to be submitted in accordance with these instructions.

Unnecessarily elaborate brochures or other presentations beyond those enough to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the Offeror's lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor wanted.

2. Explanation to Prospective Offerors.

Any prospective Offeror desiring an explanation or interpretation of the solicitation, statement of work, etc., must request it via email to the Procurement Representative listed in section B.6 on or before the stated cut-off date for questions, to allow a reply to reach all prospective Offerors before the submission of their offers. Oral explanations or instructions given before the award of the purchase order will not be binding. Any information given to a prospective Offeror concerning this solicitation will be furnished promptly to all other prospective Offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective Offerors.

3. Separation of Technical and Price Proposals.

Each proposal shall reflect the unique capabilities and approaches of the offeror.

Duplicate proposals are not acceptable. The proposal must be prepared in two parts: a "Technical Proposal" and a "Price Proposal." Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently of, and concurrently with, evaluation of the other. The technical proposal must not include pricing data, or total costs. The technical proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions.

4. Creating and Naming Files.

a. Create one ZIP file of your Technical Proposal Package, including all attachments.

The Technical Proposal should be created in a PDF format that enables word searches to the maximum extent practicable. Forms and/or documents requiring signature(s) may be scanned but must be merged into the Technical Proposal PDF file.

b. Create one ZIP file of your Price Proposal Package, including all attachments. DO

NOT CONVERT THE EXCEL SPREADSHEET TO PDF.

c. File naming convention.

It is requested that the filenames for your Technical Proposal and Price Proposal include the name of your company, the solicitation number and the type of proposal (i.e., Technical, Price). Examples:

Technical Proposal:

XYZ Company RFP No. A22- 0839_Technical.zip

Price Proposal:

XYZ Company RFP No. A22- 0839_Price.zip

5. Submission of Proposals.

a. Offeror(s) proposal package must contain the following items to be considered for evaluations for award:

Document Description Package Submission

Technical Proposal. Demonstrated ability to meet requirements listed in Appendix B – Arc Melting System Specifications. See section C.3., below.

Technical

Cover Letter, to include the following information:

• Offeror contact information.

Price

• Identification of any confidential information if applicable.

• Company’s authorized negotiator.

• “Remit to” address if different than mailing address.

• Statement that Offeror agrees to the Laboratory's terms and conditions, and scope requirements or state specific exceptions to the terms and conditions or requirements.

Price Proposal per section D: Price Proposal Package. Price Financial Condition and Capability Information. Price W-9 / W-8. Price Appendix C. Pre-Award Information and Representations and Certifications.

Price

Acknowledgement of solicitation amendments, if any. Price

b. Offers and modifications thereof shall be submitted via email to the Procurement Representative identified in Section 6. below, in accordance with the proposal submission instructions in the solicitation.

c. Emailed offers, modifications or withdrawals to the Procurement Representative identified in Section 6. will be considered.

d. Late proposals or modifications of offers received at the email address specified for the receipt of proposals after the exact time specified for receipt of offers will not be considered unless determined to be in the best interests of the Laboratory.

6. Ames Laboratory Procurement Representative:

All communications or questions related to this RFP shall be directed to:

Jonah Tibbits, Procurement Representative Email: jtibbits@ameslab.gov Phone: (515) 294-8116

UNDER NO CIRCUMSTANCES SHOULD OFFERORS DIRECTLY CONTACT ANYONE OTHER

THAN THE PROCUREMENT REPRESENTATIVE OR HIS DESGINEE REGARDING THIS RFP.

mailto:jtibbits@ameslab.gov

7. Procurement Timeline.

Procurement Event

Due date & time (All time listed are Central Time Zone)

RFP Issue Date 1/21/2022 Cut-off Date for Questions. Questions regarding the solicitation shall be submitted via email to the Procurement Representative identified in section 6. above, no later than:

5:00 PM CST on 2/2/2022

Addendum Issued (Any RFP Changes & Answers to Questions Submitted)

5:00 PM CST on 2/7/2022

Proposal Submission Due Date. Proposals shall be submitted via email to the Procurement Representative identified in section 6.

above, no later than:

5:00 PM CST on 2/16/2022

Anticipated award date of PO is: 2/25/2022

C. TECHNICAL PROPOSAL PACKAGE

1. Basis of Award.

PROPOSAL EVALUATION FACTORS ARE MORE IMPORTANT THAN PRICE. Award will be made to that Offeror whose proposal contains the combination of technical factors offering the overall best value to AMES LAB. This will be determined by comparing differences in the value of technical and/or management features with differences in price. AMES LAB is more concerned with obtaining superior technical or management features than with making an award at the lowest overall price. However, AMES LAB will not make an award at a significantly higher overall price to achieve slightly superior technical or management features. The importance of price may increase as the difference in technical ratings decreases.

2. Pass/Fail Factor.

Offerors will be required to submit documentation to support the following Pass/Fail factor which will be submitted as a part of their Price Proposal package. This factor will NOT be reviewed, evaluated or scored by the technical evaluation team, but rather by experienced Procurement personnel knowledgeable about such documentation. Should additional resources be required to fully make a determination, Procurement will access those resources as required. Below is the Pass/Fail (Go, No-Go) factor to be stated in the solicitation:

PASS/FAIL – FINANCIAL CONDITION AND CAPABILITY

Offeror's financial condition and capability will be evaluated to determine if adequate resources are available and committed for performance. During the evaluation, financial references may be requested and contacted to determine the Offeror's financial stability during past years. The adequacy of available working capital to facilitate performance under the purchase order will be evaluated.

The evaluation of this information will be to determine, on a Pass/Fail basis, the financial health of an offering subcontractor, and to determine if there are foreseeable and knowable financial issues that would threaten or undermine the success of a given subcontractor should they be awarded a subcontract resulting from this solicitation, and ultimately to minimize the overall risk to the Laboratory and the government.

Demonstrated proof of financial stability will be determined by a review of the following documentation:

a. Offeror’s credit rating report obtained from one of the credit monitoring bureaus, e.g., Equifax, Experian, TransUnion, or Dun & Bradstreet; or

b. Offeror shall provide a copy of a letter from its bank stating the following:

Length of time the supplier has been doing business with the bank.

Average monthly account balance (in general terms).

Extent of credit available and terms of availability.

The bank’s rating of the supplier as a business customer.

Name and telephone number and/or email address of individuals at the bank who can be contacted by Laboratory procurement personnel for additional information.

Offerors that do not receive a passing score in the above category will be eliminated from further evaluation.

3. Technical Evaluation Criteria.

Offerors responding to this RFP will be evaluated to determine the most highly qualified firm to perform the requirements in accordance with the technical evaluation factors listed below. THE FACTORS AND SUBFACTORS BELOW ARE LISTED IN THE ORDER OF

RELATIVE IMPORTANCE.

SUPPLIER CAPABILITY

Factor 1 – Melting

Subfactors

1.a Ability to operate melting process in inert gas or vacuum

1.a.1 Ability to getter the atmosphere preferred

1.b Ability to melt metals, including refractory elements up to Tungsten (3,422°C) in a crucible or hearth with minimal contamination

1.c Electric arc melting preferred

1.d Electromagnetic stirring available to ensure homogeneous alloy melting

1.e Melt size 50-1100g

1.e.1 Capability up to 2000g preferred

1.f Load-lock or ability to feed without breaking atmosphere preferred

Factor 2 – Processing

Subfactors

2.a Rapid quenching onto a water-cooled surface option desired (similar to strip casting 50-500 rpm)

2.b Interchangeable mold preferred

2.b.1 Capability to pour molten charge into cooled crucibles for rapid solidification

2.b.2 Water cooled molds preferred

2.c Modular or integrated powder atomization of molten metal desired

2.d Centrifugal casting capability preferred

2.e Heated nozzle or tundish for casting and pouring preferred Factor 3 – Vacuum System

Subfactors

3.a Roughing pump included

3.b Diffusion pump included (better than 10-7 Pa preferred)

3.c Vacuum gauge included

Factor 4 – System Interface

Subfactors

4.a Interface to record temperature and pressure to PC

4.a.1 Ability to record power and other system settings preferred

Factor 5 - Utilities

Subfactors

5.a Specify power requirements and electrical certifications (e.g., UL)

5.b Specify water flow requirements

5.c Specify Gas requirements

Factor 6 - Safety

Subfactors

6.a System should be interlocked to prevent operation without proper cooling or safety conditions

6.b Please provide information about safe handling of metal vapor or fines

4. Importance of Technical Evaluation Factors:

FACTOR 1 and Factor 2 are the MOST important Factor 1 is slightly more important than factor 2.

Note that subfactor 1.a is more important than 1.b – 1.f. Subfactors 1.b – 1.d are equal in importance. In regard to subfactor 1.a.1, this subfactor is less important than subfactor 1.a as it pertains to its parent subfactor. The same applies to subfactor 1.e.1.

Note that subfactor 2.a is more important than 2.b – 2.e. Subfactors 2.d and 2.e are equal in importance. In regard to subfactor 2.b.1 and 2.b.2, this subfactor is less important than 2.b.

FACTOR 3 is significantly LESS important than FACTOR 1 & 2 Factor 3 is more important than factors 4-6. Subfactor 3.a is more important than 3.b and 3.c, and subfactor 3.b and 3.c are equally important.

FACTOR 4 – 6 are EQUALLY important Factor 4-6 are less important than factor 3.

5. Technical Adjectival Ratings.

The Technical Proposal for Factor 1 will be scored using the adjectival scoring matrix listed in Table 1., below.

Technical Evaluation Factor Rating Definitions

Table 1 – Adjectival Ratings and Definitions Adjectival

Rating Rating Definition

Unacceptable Proposal does not address the evaluation factor(s) or sub-factor(s) and poses an extremely high-performance risk.

Poor Proposal does not clearly meet requirements and has not demonstrated an adequate approach or indicated an understanding of the requirements of the factor(s)/sub-factor(s). The proposal has one or more weaknesses which are not offset by strengths and pose a high or extremely high-performance risk.

Fair Proposal meets requirements and indicates an adequate approach and minimal understanding of the requirements of the factor(s)/sub-factor(s). Strengths and weaknesses are offsetting and may pose a moderate to high performance risk.

Good Proposal meets requirements and indicates a thorough approach and complete understanding of the requirements of the factor(s)/sub-factor(s). Proposal contains strengths which outweigh any weaknesses and pose low to moderate performance risk.

Very Good Proposal meets requirements and indicates a thorough approach and complete understanding of the requirements of the factor(s)/sub-factor(s) on a level that exceeds that which would be scored at as “Good”. Strengths outweigh any weaknesses and pose a low performance risk.

Excellent Proposal meets or exceeds requirements and indicates in extensive detail an exceptional approach and superior understanding of the requirements of the factor(s)/sub-factor(s). Strengths far outweigh any weaknesses and pose low performance risk.

D. PRICE PROPOSAL PACKAGE

Offerors shall submit a complete Price Proposal package which includes the following:

1. Price Proposal.

Offeror shall provide equipment pricing, annual maintenance options, and professional services options for deployment. Price proposal must include:

• Line-item pricing for all major components (include ECCN).

• Separate line-item pricing for on-site installation and training (should include all associated expenses).

• Line-item pricing for packaging, shipping and handling (FOB AMES, DDP, DAP).

• Project timeline with estimated equipment lead time and major milestones.

• Equipment discount.

• Warranty details.

Offeror’s price proposal will be evaluated for reasonableness. For a price to be reasonable, it must represent a price that a prudent person would pay when consideration is given to prices in the market.

2. Pre-Award Information and Representations and Certifications.

Offerors shall review, complete and return with its price proposal package the representations and certifications document contained under Appendix C.

3. W-9 and/or W-8.

Offeror shall submit in its price proposal package a current W-9 and/or W-8.

4. Documentation for proof of financial stability.

Offeror will demonstrate its financial condition and capability in response to the Pass/Fail Evaluation Factor in section C.2.

E. RFP ATTACHMENTS

Appendix A: Terms and Conditions – Firm-Fixed Price (Commercial Items & Services), Rev 0, 7/28/2021

Appendix A1: Special Clause – FAR 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021)(Deviation)

Appendix A2: Contractor On-site Terms and Conditions - Supplemental rev. 06-19

Appendix B: Statement of Work for “Arc Melting System Specifications”, dated 1/12/2022

Appendix C: Ames Laboratory Pre-Award Information and Representations and Certifications, 2017 Rev 6

Please review all attachments to this RFP and follow the proposal instructions before you submit your offer.

Sincerely, Jonah Tibbits Procurement Agent

Form 48300.054 Procurement Revision 0, 07-28-2021

APPENDIX A

Terms and Conditions – Firm-Fixed Price

(Commercial Items & Services)

TABLE OF CONTENTS

CLAUSE 1 - ACCEPTANCE (AMES LAB) (JUN 2019) 2

CLAUSE 2 - DEFINITIONS (MAR 2021) 2

CLAUSE 3 - ORDER OF PRECEDENCE (MAR 2021) 2

CLAUSE 4 – FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) [DEVIATION JUN 2020)] 2

CLAUSE 5 - FAR 52.225-1 BUY AMERICAN —SUPPLIES (JAN 2021) (MODIFIED BY DEAR 970.2570) 2

CLAUSE 6 – FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)[(DEVIATION APR 2020)] 3

CLAUSE 7 - FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020) 3

CLAUSE 8 - FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001) 3

CLAUSE 9 - WARRANTY OF SUPPLIES (AMESLAB MAY 2019) 4

CLAUSE 10 – ELECTRONIC SIGNATURES (AMESLAB MAY 2019) 4

CLAUSE 11 – EMPLOYEE CONCERNS PROGRAM (BASED ON DOE O 442.1B) (AMESLAB SEP 2019) 4

CLAUSE 12 – GOVERNMENTAL IMMUNITY (AMESLAB MAY 2019) 4

CLAUSE 13 – CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (AMESLAB JUN 2015) 4

CLAUSE 14 – QUALITY ASSURANCE (AMESLAB JUNE 2019) 5

CLAUSE 15 – DISPUTES (AMESLAB JUNE 2015) 5

CLAUSE 16 – CONDUCT OF EMPLOYEES (AMESLAB MAY 2019) 5

CLAUSE 17 – LABORATORY SITE ACCESS AND/OR PARTICIPATION IN ACTIVITIES BY NON-U.S. NATIONALS (AMESLAB OCT 2014) 5

CLAUSE 18 – EXPORT CONTROLS (AMESLAB JUNE 2019) 6

CLAUSE 19 – LIMITATIONS PERIOD (AMESLAB MAY 2019) 6

CLAUSE 20 – INDEMNIFICATION (AMESLAB MAY 2019) 6

CLAUSE 21 - ASSIGNMENT (AMESLAB MAY 2019) 6

CLAUSE 22 – APPLICABLE LAW (AMESLAB MAY 2019) 6

CLAUSE 23 – INFORMATION TECHNOLOGY ACQUISITIONS (based on Prime Contract Clause H.36 Mod 0288) 6

CLAUSE 24 – INTEGRATION CLAUSE (AMESLAB MAY 2019) 6

CLAUSE 25 – NON-WAIVER OF DEFAULTS (AMESLAB OCT 2014) 6

CLAUSE 26 – WAIVER (AMESLAB APR 2019) 6

CLAUSE 27 – USE OF NAME OR INTELLECTUAL PROPERTY (AMESLAB OCT 2019) 6

CLAUSE 28 - DEAR 970.5204-2 - LAWS, REGULATIONS, AND DOE DIRECTIVES (DEC 2000)(DEVIATION MAY 2018)[SC-ALTERNATE SEP 2018] 6

CLAUSE 29 - DEAR 970.5223-7 SUSTAINABLE ACQUISITION PROGRAM (OCT 2010) [SC-ALTERNATE SEP 2018) 6

CLAUSE 30 – SUSPECT COUNTERFEIT PARTS (BASED ON DOE ORDER 414.1D CHG 2 (LTDCHG) SEP 15, 2020) 7

THE FOLLOWING CLAUSES APPLY REGARDLESS OF SUBCONTRACT VALUE 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS MIRCO-PURCHASE THRESHOLD, DEFINED IN FAR PART 2 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $15,000 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $30,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $35,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $100,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $150,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS THE SIMPLIFIED ACQUISITION THRESHOLD, DEFINED IN FAR PART 2 9

FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $600,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $750,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $6 MILLION 9

Terms and Conditions – Firm-Fixed Price (Commercial Items and Services)

Revision 0, 07-28-2021 Page 2 of 9

CLAUSES

CLAUSE 1 - ACCEPTANCE (AMES LAB) (JUN 2019)

This Contract constitutes the entire agreement between the parties with respect to the subject matter contained in this Contract and supersedes all prior agreements, understandings, and negotiations between the parties. All other terms and conditions in other instruments are void and shall have no force or effect.

CLAUSE 2 - DEFINITIONS (MAR 2021)

When an article, provision, or clause in this subcontract uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless:

1. The solicitation, or amended solicitation, provides a different definition;

2. The contracting parties agree to a different definition in the subcontract;

3. The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

4. The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

When a solicitation provision or contract clause uses a word or term that is defined in the Department of Energy Acquisition Regulation (DEAR) (48 CFR chapter 9), the word or term has the same meaning as the definition in 48 CFR

902.101 or the definition in the part, subpart, or section of 48 CFR chapter 9 where the provision or clause is prescribed in effect at the time the solicitation was issued, unless an exception or different definition set forth in 1.1 applies.

(a) Definitions.

As used throughout this subcontract, the following terms have the meanings set forth below:

“Ames Laboratory” means the physical site and property that is The Ames Laboratory.

“Ames Laboratory or Contractor’s Procurement Agent” shall mean the person in charge of administering this subcontract for Ames Laboratory or their written designee.

“Ames Laboratory Technical Representative” shall mean the person designated to monitor the subcontracts work and to interpret and clarify the technical requirements of the subcontract.

“CFR” means the Code of Federal Regulations.

“Commercial item” and “commercially available off-the-shelf item (COTS)” have the meanings contained in Federal Acquisition Regulation, FAR, 2.101, Definitions.

“Contract” means this subcontract. Additionally, where contract and contractor are referenced in the FAR, it shall mean subcontract and subcontractor for the purposes of this subcontract.

“Contracting Officer” as referenced in the FAR shall mean “Procurement Agent” for the purposes of this subcontract.

“DEAR” means the Department of Energy Acquisition Regulation.

“DOE” means the United States Department of Energy or any duly authorized representative thereof.

“FAR” means the Federal Acquisition Regulations.

“Government” means the United States of America and includes the DOE or any duly authorized representative(s) thereof.

“Manager and Operator or M&O” shall mean Iowa State University (ISU), which is the Manager and Operator of Ames Laboratory.

“Prime Contract” means the contract between ISU and the DOE.

“Subcontract” means this subcontract between Ames Laboratory and the Subcontractor.

“Sub-subcontracts” means the Subcontractor’s subcontracts. Except as otherwise provided in this subcontract, “sub-subcontractors” includes purchase orders under this subcontract.

“Subcontractor” means the party that has entered into this subcontract with Ames Laboratory. The lower case “subcontractor” means sub-subcontractors.

“The Laboratory” means Ames Laboratory or Laboratory.

CLAUSE 3 - ORDER OF PRECEDENCE (MAR 2021)

Any inconsistency in this subcontract shall be resolved by giving precedence in the following order:

(a) The subcontract document;

(b) These Terms and Conditions, including the FAR and DEAR clauses incorporated by reference;

(c) Any specifications, drawings, sketches, statement of work; and

(d) Other documents, exhibits, and attachments listed in the subcontract as incorporated documents, if any, in the order in which they are listed.

CLAUSE 4 – FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) [DEVIATION JUN 2020)]

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

☐ Offeror elects to waive the evaluation preference.

(c) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

CLAUSE 5 - FAR 52.225-1 BUY AMERICAN —SUPPLIES (JAN 2021) (MODIFIED BY DEAR 970.2570)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

https://www.govinfo.gov/content/pkg/CFR-2019-title13-vol1/xml/CFR-2019-title13-vol1-sec126-501.xml https://www.acquisition.gov/far/part-2#FAR_2_101 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Revision 0, 07-28-2021 Page 3 of 9

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Procurement Agent a list of foreign articles that the DOE Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

CLAUSE 6 – FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)[(DEVIATION APR 2020)]

(a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established.

(2) The Contractor agree to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

CLAUSE 7 - FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)

(a) Definitions. As used in this clause—

Commercial item and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017).

(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.

(v) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(vi) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vii) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(viii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(ix) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(x) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212(a));

(xi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

(xii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212).

(xiii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-55, Minimum Wages under Executive Order 13658 (NOV 2020), if flow down is required in accordance with paragraph (k) of FAR clause 52.222-55.

(xvi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62.

(xvii)

(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).

(B) Alternate I (JAN 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App.1241 and 10 U.S.C.2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

(3) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

CLAUSE 8 - FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definitions. "Acceptance," as used in this clause, means the act of an authorized representative of the Laboratory by which the Laboratory assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Laboratory or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Laboratory shall give written notice of any defect or nonconformance to the Contractor. This notice shall state either-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_1004 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-19#FAR_19_702 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_26 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_247_64 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64

Revision 0, 07-28-2021 Page 4 of 9

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Laboratory does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Laboratory, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Laboratory may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Laboratory does not require correction or reperformance, the Laboratory shall make an equitable adjustment in the contract price.

CLAUSE 9 - WARRANTY OF SUPPLIES (AMESLAB MAY 2019)

(a) Contractor warrants to the Laboratory that all materials and equipment furnished under this Contract will be new and unused unless otherwise specified and that all materials and equipment used by the Contractor during the performance of the Contract will include genuine, original, and new components, or are otherwise suitable for the intended purpose. Contractor further warrants that all work will be of good quality, free from faults and defects in conformance with the Contract. All work not conforming to these standards including substitutions not authorized as provided elsewhere in the Contract may be considered defective. If required by the Laboratory, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Laboratory may reject and retain such non-conforming materials or equipment, at no cost, and identify, segregate, and report such information or activities to cognizant Department of Energy officials.

(b) The warranty provided herein shall be in addition to and not in limitation of any other warranty or remedy provided by law or by the Contract.

(c) Contractor warrants all equipment and materials furnished and work performed under this Contract against defective materials and workmanship for a period of twelve (12) months after acceptance as provided in this Contract, unless a longer period is specified, regardless of whether the same were furnished by the Contractor or any subcontractors of any tier. Manufacturer's warranties longer than twelve (12) months shall be extended to the Laboratory. Upon written notice from the Laboratory of any breach of warranty during the applicable warranty period due to defective material or workmanship, the affected part or parts shall be repaired or replaced by the Contractor at no cost to the Laboratory. If Contractor fails or refuses to make the necessary repairs, replacements, and tests when requested by the Laboratory, the Laboratory may perform the necessary work and tests to be performed, at the Contractor’s expense.

(d) Should one or more defects in the work appear within the specified warranty period, the Laboratory shall have the right to continue to use or operate the defective part or apparatus until such time as it can be taken out of service without loss or inconvenience to the Laboratory.

(e) Neither the final payment, nor any provision in the Contract, nor partial or entire occupancy of the premises by the Laboratory, nor expiration of warranty stated herein constitute acceptance of work not performed in accordance with the Contract or relieve the Contractor of liability for non-conforming work. Contractor shall immediately remedy any defects in the work and pay for any damage to other Work resulting therefrom upon written notice from the Laboratory.