Appendix A-71COM SCA-28-FEB-2025.PDF

ANL-71-COM SCA (February 28, 2025)

APPENDIX A

Argonne Terms and Conditions

For Commercial Services below the

Micro Purchase threshold ($10,000)

The clauses below that reference Federal Acquisition Regulations (FAR) citations are based on such clauses with modifications to identify appropriate parties and are not quoted verbatim from such regulations. The clause dates provided are for the most recent versions of the clause current as of the contract issuance date. Full text of the FAR clauses are available at: https://www.acquisition.gov To the extent a FAR clause is inapplicable, it is deemed null, void, and deleted for the purposes of this purchase. .

Definitions: As used herein, “Argonne National Laboratory,” “Argonne,” “ANL” and “Laboratory” are used interchangeably to mean Argonne National Laboratory, operated by UChicago Argonne, LLC, acting under Prime Contract No. DE-A02-06CH11357 between UChicago Argonne, LLC and the Government for the operation of Argonne National Laboratory. “Government” means the United States of America and includes the United States Department of Energy (“DOE”) or any duly authorized representative thereof. “Laboratory Procurement Official” means the person identified in the body of the agreement as the authorized contact for the Contractor. All references to “Contracting Officer” should be directed to the “Laboratory Procurement Official” for further guidance. The Micro-Purchase Threshold is currently

$10,000.

1. CONDUCT OF EMPLOYEES (MAY 2022)

2. LABORATORY SITE ACCESS, SAFETY AND HEALTH (JUL 2022)

3. SUSPECT COUNTERFEIT PARTS (DEC 2007)

4. WARRANTY OF SERVICES

5-10. CLAUSES INCORPORATED BY REFERENCE .......................................................................................................................................................... 2-4 http://www.acquisition.gov/

1. CONDUCT OF EMPLOYEES (NOV 2022)

The contractor acknowledges the Laboratory’s Code of Business Ethics and Conduct and shall be responsible for maintaining satisfactory standards of employee competency, conduct, and integrity. The contractor shall be responsible for taking such disciplinary action with respect to its employees as may be necessary. The contractor shall immediately remove or cause to be removed from the work any employee of the contractor or subcontractors of any tier who, in the sole discretion of the Laboratory, fails to meet the expectations found in the Laboratory’s Code of Business Ethics and Conduct with respect to technical performance or personal conduct. The Laboratory’s Code of Business Ethics and Conduct may be found at https://www.anl.gov/argonne-code-of-business-ethics-and-conduct."

2. LABATORY SITE ACCESS, SAFETY AND HEALTH (FEB 2025)

"In addition to any and all other environmental, health, and safety requirements contained in this contract, if the contractor is performing work at a Laboratory site, as a precondition to performing such work contractor must complete all Laboratory Site Access documents and requirements. Contractor shall take all reasonable precautions in activities carried out under this contract to protect the safety and health of others and to protect the environment. Contractor must comply with all applicable safety, health, access to information, security and environmental regulations and the requirements of the Government and Laboratory, including the specific requirements of the Laboratory. In the event that the contractor fails to comply with said regulations and requirements, Laboratory may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of contractor’s activities at the Laboratory site.

Contractor is responsible for calling the Laboratory’s Emergency Info Line at (630) 252-INFO (4636) or checking the Laboratory’s emergency website at www.anl.gov/emergency prior to arrival at the work site to confirm Laboratory's operational status, including during inclement weather forecasts. Contractor should coordinate with its Laboratory technical representative/project specialist to determine whether it is appropriate to report to the work site in the event of abnormal conditions. The Laboratory’s contractor for emergency operations will contact the Contractor’s personnel via email and phone number (collected through the Laboratory’s gate pass system) in order to provide emergency notifications, if warranted by conditions on site.”

A REAL ID will be required to gain access to the Laboratory for individuals 18 years of age or older. The Laboratory’s site entry requirements and a link to information on REAL ID are available at https://www.anl.gov/site-entry-requirements. Failure to provide valid site access credentials or valid, REAL ID-compliant photo identification will result in denial of access to the site. The Laboratory is not responsible or liable for, and Contractor shall not attempt to invoice for, any delays or costs resulting from or arising out of site entry denial due to contractor’s failure to comply with this clause."

3. SUSPECT CONTERFEIT PARTS (DEC 2007)

Notwithstanding any other provisions of this contract, the contractor warrants that all items provided to the Laboratory shall be genuine, new and unused unless otherwise specified in writing by the Laboratory. Contractor further warrants that all items used by the contractor during the performance of work at the Argonne National Laboratory include all genuine, original, and new components, or are otherwise suitable for the intended purpose. Furthermore, the contractor shall indemnify the Laboratory, its agents, and third parties for any financial loss, injury, or property damage resulting directly or indirectly from material, components, or parts that are not genuine, original, and unused, or not otherwise suitable for the intended purpose. This includes, but is not limited to, materials that are defective, suspect, or counterfeit; materials that have been provided under false pretenses; and materials or items that are materially altered, damaged, deteriorated, degraded, or result in product failure. Types of material, parts, and components known to have been misrepresented include (but are not limited

to) fasteners; hoisting, rigging, and lifting equipment; cranes; hoists; valves; pipe and fittings; electrical equipment and devices; plate, bar, shapes, channel members, and other heat-treated materials and structural items; welding rod and electrodes; and computer memory modules. The contractor’s warranty also extends to labels and/or trademarks or logos affixed, or designed to be affixed, to items supplied or delivered to the Laboratory. In addition, because falsification of information or documentation may constitute criminal conduct, the Laboratory may reject and retain such information or items, at no cost, and identify, segregate, and report such information or activities to cognizant Department of Energy officials.

(a) In the performance of this contract, the contractor, when participating in the development of Department of Energy (DOE) Technical Standards, conducting technical standards review activities, and selecting technical standards for use to support assigned DOE missions and functions, must:

(b) Select, use, and adhere to appropriate voluntary consensus standards (VCSs), except where use of VCSs is inconsistent with law or impractical. (Note:

VCSs are defined as standards developed or adopted by voluntary consensus standards bodies, both domestic and international.)

(c) Participate as appropriate in development and review of those DOE Technical Standards where the contractor has technical or programmatic interests, or will be affected by the content of DOE Technical Standards under development, or as directed by the Laboratory Procurement Official.

(d) Designate and provide support for a coordinator for technical standards activities, including identification of the appropriate Subject Matter Experts to review draft DOE Technical Standards.

(e) Report participation in VCS activities conducted in support of DOE missions and functions through the Laboratory Technical Standards Manager in The Office of Contract Administration (COA). [use Form DOE F 1300.2 (05/2010)]

(f) Flow down this requirement to subcontractor(s) at any tier to the extent necessary to ensure the contractor’s compliance with these requirements."

4. WARRANTY OF SERVICES

The contractor warrants that all services performed under the contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements in this contract.

5. DEAR 970.5204-2 – LAWS, REGULATIONS, AND DOE DIRECTIVES (SC Alternate May 2018) (DEC 2000)

List B

IMPORTANT: The DOE directives listed in the table below contain requirements relevant to the scope of work under this contract. In most cases, the requirements applicable to the contractor are contained in a Contractor Requirements Document (CRD) attached to the DOE directive.

Directive No. Directive Title

O221.1B Reporting Fraud, Waste, and Abuse to the Office of the Inspector General (Applies to contracts that are >$5.5M and Period of Performance is >120 days).

6. FAR 52.222-41 – SERVICE CONTRACT LABOR STANDARDS (AUG 2018) Applies to contracts >$2,500 and subject to the Service Contract Labor

Standards statute.

7. FAR 52.222-51 – EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT—REQUIREMENTS (MAY 2014) Applies if Laboratory has accepted a signed certification for exemption from Contractor

8. FAR 52.222-53 – EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN

SERVICES—REQUIREMENTS (MAY 2014) Applies if Laboratory has accepted a signed certification for exemption from Contractor

9. FAR 52.222-62- PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) Applies if subject to Service Contract Labor Standards.

10. FAR 52.222.55 – MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (JAN 2022) Applies if subject to Service Contract Labor Standards.