Appendix A-Labor Hour-18-SEP-2026.pdf
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- Solicitation number
- 7-B187-Q-00005-00
- Issued by
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Department of Energy Office of Science
About this file
This document is Appendix A of ANL-528, containing the Argonne National Laboratory Terms and Conditions applicable to Labor Hour and Time and Materials contracts issued by Argonne National Laboratory, operated by UChicago Argonne, LLC under Department of Energy prime contract DE-A02-06CH11357.
The terms and conditions establish the contractual framework governing contractor performance, payment, and compliance requirements. Key provisions include: labor compensation at specified loaded hourly rates (excluding travel time); reimbursement of actual direct costs for materials, supplies, computer time, travel, and approved subcontractors; compliance with Federal Travel Regulations for authorized travel with DOE approval required for foreign travel at least 30 days in advance; and payment via check, ACH, credit card, or wire transfer depending on vendor location. The Micro-Purchase Threshold is $15,000 and the Simplified Acquisition Threshold (SAT) is $350,000. Additional critical requirements address cybersecurity and IT security standards (SOC2, PCI-DSS, HITRUST, NIST); site access procedures including REAL ID requirements for individuals 18 and older; environmental compliance; contractor conduct and employee ethics standards; counterfeit parts prevention with immediate notification requirements; and indemnification obligations for data breaches and use of genuine components. The document incorporates 80 Federal Acquisition Regulation (FAR) and Department of Energy Acquisition Regulation (DEAR) clauses by reference, including requirements for small business utilization, labor standards, export controls, equal opportunity, privacy, security, and termination procedures. Specific applicability conditions are noted for clauses based on contract value thresholds and contract type.
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Text version
ANL-528 (9/18/2026)
ANL-528 (September 18, 2026)
APPENDIX A
Argonne Terms and Conditions
(For Labor Hour and Time and Materials Contracts) The clauses below that reference Federal Acquisition Regulation (FAR) and Department of Energy Acquisition Regulation (DEAR) 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 or as reflected in UChicago
Argonne, LLC’s prime contract with the United States Department of Energy available at http://www.anl.gov/contract and FAR Overhaul - Part 52 | Acquisition.GOV. Full text of all FAR/DEAR clauses are available at: https://www.acquisition.gov To the extent a FAR/DEAR 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. The Micro-Purchase Threshold is currently $15,000 and the Simplified Acquisition Threshold (SAT) is currently
$350,000.
1. APPLICABLE LAW (AUG 2026)
2. ASSIGNMENT AND SUBCONTRACTING (MAR 2023)
3. CONDUCT OF EMPLOYEES (SEP 2023)
4. CONSIDERATION, ALLOWABLE COSTS AND PAYMENTS (NOV 2025)
5. CYBERSECURITY AND IT ACQUISITIONS (AUG 2025)
6. ENVIRONMENTAL PROTECTION (MAY 2001)
7. EXCUSABLE DELAYS (OCT 2025)
8. INTEGRATION (OCT 2025)
9. LABORATORY SITE ACCESS, SAFETY AND HEALTH (SEP 2026)
10. LIMITATION OF LIABILITY (OCT 2025)
11. LIMITATIONS PERIOD (MAY 2001)
12. NON-WAIVER OF DEFAULTS (OCT 1999)
13. ORDER OF PRECEDENCE/INCONSISTENCY IN TRANSLATION OF AGREEMENTS (MAR 2026)
14. PERMITS OR LICENSES (OCT 1999)
15. PUBLIC RELEASE OF INFORMATION/PHOTO RELEASE (MAR 2026)
16. STATE AND LOCAL TAXES (APR 1984)
17. SURVIVAL (APR 2023)
18. SUSPECT COUNTERFEIT PARTS (OCT 2025)
19-99. CLAUSES INCORPORATED BY REFERENCE .................................................................................................................................................... 6-8 http://www.anl.gov/contract https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/
1. APPLICABLE LAW (AUG 2026)
To the extent that Federal law does not exist and State law could become applicable to this contract, the law of Illinois shall apply. In the event of litigation, such shall be brought in the courts sitting in DuPage County, Illinois.
2. ASSIGNMENT AND SUBCONTRACTING (MAR 2026)
a) Neither this contract nor any interest therein nor claim there under shall be assigned or transferred by the contractor except as expressly authorized in writing by the Laboratory; provided, that the contractor or its assignee's rights to be paid amounts due as a result of performance of this contract may be assigned to a bank, trust company or other financing institution, including any Federal lending institution. The Laboratory may assign this contract to a successor operator of the Laboratory.
b) At the Laboratory’s request, the Contractor shall submit a written list of the names of all subcontractors who will perform any part of the work to the
Laboratory within ten (10) days after the effective date of this agreement or in any event prior to engaging subcontractors. The Laboratory reserves the right to reject any subcontractor or supplier who is unable to demonstrate that it is qualified and experienced to perform the proposed portion of the work. The Laboratory shall not be required to deal directly with subcontractors.
3. CONDUCT OF EMPLOYEES (NOV 2025)
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 or Contractor’s
Substantially similar code of 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.
4. CONSIDERATION, ALLOWABLE COSTS AND PAYMENTS (NOV 2025)
In full and complete monetary consideration for the performance of work under this Contract, the Laboratory shall pay the Contractor for the following items of allowable costs:
a) Labor. For time worked in the performance of this Contract by contractor personnel (excluding travel time) at the appropriate loaded hourly rates specified for the pertinent labor classifications. The appropriate loaded hourly rates shall apply during the term(s) specified. Said loaded rates shall include wages, overhead, general and administrative expense and profit (as appropriate); provided, however, that the loaded hourly rates shall not be varied by virtue of the Contractor having performed work on an overtime basis. Said loaded hourly rates shall not be subject to adjustment for the specific periods stated. Additional labor classifications and their applicable hourly rates may be added by written agreement of the parties (whether or not by formal modification of this Contract).
b) Materials, Supplies, Computer Time. The actual direct cost to the Contractor for materials, supplies, and computer time necessary for the performance of the work under this Contract; provided, however, that the Contractor shall, to the extent of his abilit y, procure materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials, and take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of such benefits, it shall promptly notify the Laboratory to that effect, and give the reason therefore. Credit shall be given to the Laboratory for cash and trade discounts, rebates, allowances, credits, salvage, the value of resulting scrap when the amount of such scrap is appreciable, commissions, and other amounts which have been accrued to the benefit of the Contractor or would have so accrued except for the fault or neglect of the Contractor. Such benefits lost through no fault or neglect on the part of the Contractor, or lost through fault of the Laboratory, shall not be deducted from gross costs.
c) Travel. In connection with furnishing the services under this Contract it may be necessary for Contractor personnel to make authorized trips from time to time on official business. It is noted that travel time is not compensable (see Paragraph (a) Labor above) and travel expenses are reimbursable in accordance with the following rules: Federal Travel Regulations and Appendix C – Travel Policy (ANL-529). In addition, all foreign travel required to complete the scope of this contract, will require charged directly shall be subject to the prior approval of the approval by the Laboratory and the DOE at least 30 days in advance of the planned departure date, regardless of whether funds for such travel are contained in an approved budget. Foreign travel is defined as any travel outside of the United States (whether wholly or partly on official business) from the United States of America (including Alaska, Hawaii, the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the territories and possession of the United States) to an international country and its territories and possessions, Puerto Rico and Northern Mariana. Requests for approval, if required, shall be submitted in accordance with DOE procedures prior to the planned departure date in accordance with Appendix C., be on a Request for Approval of Foreign Travel form (DOE F 551.1), and when applicable, include a notification and other requirements respecting proposed sensitive foreign nations travel.
Transportation of personnel or property outside the United States, the District of Columbia, the Commonwealth of Puerto Rico and possessions of the United States should be on a U.S.-flag air carrier to the extent that service by these carriers is available. In situations where it is not a “Statement of unavailability of U.S.-Flag Air Carriers” shall be included on vouchers indicating that a U.S.-flag air carrier was not available or the specific reason should be given as to why it was necessary to use foreign flag air carrier service should be given as to why it was necessary to use foreign flag air carrier service.
Argonne will pay the Contractor in accordance with the following:
1) As full reimbursement for transportation, lodging, meals, and incidental expenses incurred by Contractor personnel in connect ion with the performance of services away from the Contractor's base and travel authorized in accordance with paragraph 1., above, the contractor shall be reimbursed its allowable travel costs. Allowable travel costs will be determined in accordance with Federal Acquisition Regulation (FAR) 31.205-46 Travel Costs in effect as of the date of this agreement, however, the foregoing notwithstanding each expenditure of $25.00 or more must be supported by a receipt. Contractors will only be reimbursed for a travel expenditure over $25.00 that is supported by a receipt.
d) Subcontracts and Consultants. The actual direct cost to the Contractor of such subcontractor or consultant services as are expressly approved in writing by the authorized Laboratory Procurement Official.
e) In connection with any discount offered for early payment, time shall be computed from the date the invoice is received at the Laboratory. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the date on which an electronic funds transfer was made.
f) Submission of Transportation Documents. Upon the Laboratory’s request, the Contractor shall submit to ap@anl.gov, transportation documents on which the United States will assume freight charges that were paid by the Contractor and added to the invoice for Contractor supplied goods and/or services, or by a first-tier subcontractor and added to the invoice for Contractor supplied goods and/or services. Freight charges must reflect actual costs incurred.
g) All payments by the Laboratory shall be made for items accepted by the Laboratory that have been delivered to the delivery destinations set forth in this Contract. Also, upon the Laboratory’s acceptance of services, payment will be issued following invoice receipt. Upon the submission of proper invoices or vouchers, the Laboratory shall make payment at the prices stipulated in this Contract.
h) Argonne provides the following forms of payment through designated setup methods:
https://www.anl.gov/argonne-code-of-business-ethics-and-conduct mailto:ap@anl.gov
Form of Payment Setup Required
Check No Action
ACH Paymode Setup
Credit Card Paymode Setup
Wire* ANL-1094
For Domestic (USA) Vendors: As appropriate, Argonne may request Paymode to contact the Supplier for account setup and onboarding. If the Supplier is not contacted or Paymode is not utilized, the payment will be issued by check. For those contacted by Paymode, Suppliers may receive initial payments via check until the account is properly set up.
For Foreign (outside USA) Vendors: All payments will be made via wire requiring completion of ANL-1094 form found at link:
ANL-1094_EFT_02162024.pdf | Powered by Box to be completed by Supplier and issued via email at paymentforms@anl.gov.
i) In connection with any discount offered for early payment, time shall be computed from the date the invoice is received at the Laboratory. For computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the date on which an EFT was made.
j) Upon the Laboratory’s request, the Contractor shall submit to ap@anl.gov, transportation documents on which the United States will assume freight charges that were paid by the Contractor and added to the invoice for Contractor-supplied goods and/or services, paid by the Contractor or its first-tier subcontractor and added to the invoice for Contractor-supplied goods and/or services. Freight charges must reflect the actual costs incurred.
5. CYBERSECURITY AND IT ACQUISITIONS (AUG 2025) -
Prior to use under this contract, all information technology, including both hardware and software, shall be compliant with appropriate information technology security policies and requirements, including, for example, use of common security frameworks such as Service Organization Control (SOC2), Payment Card Industry Data Security Standard (PCI-DSS), Health Information Trust Alliance (HITRUST) or those from the International Organization for Standardization (ISO) and National Institute of Standards and Technology (NIST) and use of configurations available from the National Institute of Standards and Technology’s website at http://checklists.nist.gov commensurate with the mission of the contract and conducive to the research and development efforts of the Contractor.
This requirement shall be included in all subcontracts, as appropriate, which are for information technology acquisitions.
Contractor agrees that it will adopt and implement its own commercially reasonable policies, procedures and systems to provide security as to the Laboratory data or information to be received, stored, transmitted or accessed under this Agreement (“Data”) in a secure manner to prevent loss, theft or unauthorized access to the Data (“Data Breach”). Upon becoming aware of a Data Breach, Contractor shall: (1) notify the Laboratory as promptly as reasonably practicable (and, in any event, within 10 business days); (2) provide timely information relating to the Data Breach as it becomes known or as is reasonably requested by the Laboratory; (3) promptly take reasonable steps to contain and investigate any Data Breach; and (4) work with the Laboratory to agree who will issue notification of the Data Breach to relevant third parties if the Data Breach is relevant to both the Contractor and the Laboratory. Contractor shall, to the extent permitted by law, indemnify and hold the Laboratory, the University of Chicago, and the United States Government, and their directors, officers, trustees, agents, servants, and employees harmless with respect to any and all losses, costs, damages and/or expenses incurred in connection with any such Data Breach or unauthorized disclosure or loss, including, without limitation, costs of notice provided by the Laboratory to affected persons.
Except as otherwise provided in this agreement, Data provided to the Contractor by the Laboratory shall not be used to train Artificial Intelligence (AI) models, nor may AI tools be used without implementing reasonable information security standards to undertake, mount, load, or integrate the Data on Contractors’ servers or equipment. Contractor shall remain responsible for any work product resulting from use of AI.
6. ENVIRONMENTAL PROTECTION (MAY 2001)
In performing this contract, the Contractor shall comply with the requirements set forth in all applicable Federal and non-Federal environmental protection laws, codes, ordinances, Executive Orders, regulations, and directives.
7. EXCUSABLE DELAYS (OCT 2025)
Time is of the essence for contractor’s performance. If in the opinion of the Laboratory the Contractor fails to maintain progress in accordance with the established performance schedule, the Contractor shall take, at no additional cost to the Laboratory, steps as may be necessary or required by the Laboratory to improve progress, including, but not limited to, prompt procurement and expediting of delivery of supplies and materials, the use of additional personnel, an increase in the number of shifts, scheduling of overtime and additional facilities. Failure to take corrective action as necessary or required by the Laboratory under this paragraph in order to maintain progress with established schedules shall constitute endangering performance of this contract under the “Default” clause of this appendix.
The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The contractor shall notify the Laboratory Procurement Official in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Laboratory of the cessation of such occurrence.
8. INTEGRATION (OCT 2025)
This contract represents the full understanding of the parties and is the entire agreement between the parties. All negotiations between the parties have been merged into the contract, and there are not understandings or agreements other than those incorporated into this contract. If any provision of this contract is determined to be in any respect invalid, such determination shall not nullify any other terms of this Contract.
9. LABORATORY SITE ACCESS, SAFETY AND HEALTH (SEP 2026)
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 the 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 mailto:ANL-1094_EFT_02162024.pdf%20|%20Powered%20by%20Box mailto:paymentforms@anl.gov mailto:ap@anl.gov http://checklists.nist.gov/ http://www.anl.gov/emergency 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.
Any Contractor personnel who are not U.S. citizens may require prior approval before being granted access to Argonne National Laboratory sites, systems, information or activities. Approval timelines can vary significantly based on the individual’s citizenship, length and nature of the visit or assignment, and whether the work involves sensitive areas, subjects, or countries identified by the U.S. government as sensitive or State Sponsors of Terrorism. In some cases, access or participation may be delayed, restricted, or denied altogether. The Contractor is responsible for identifying any non-U.S. national personnel in advance and providing sufficient lead time and required information to support review and approval. This requirement must also be flowed down to all lower-tier subcontractors.
If the Contractor is performing work at Argonne, as a precondition to performing such work the Contractor must complete all Argonne’s Site Access documents and requirements. The Contractor shall take all reasonable precautions in activities carried out under this Agreement to protect the safety and health of others and to protect the environment. The Contractor must comply with all applicable safety, health, access to information, security and environmental regulations and the requirements of DOE and Argonne, including the specific requirements of Argonne. In the event that the Contractor fails to comply with said regulations and requirements, Argonne may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of Contractor’s activities at Argonne. 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 provision.
10. LIMITATION OF LIABILITY (OCT 2025)
Except as otherwise provided by an express warranty, the Contractor will not be liable to the Laboratory for punitive, special, or consequential damages resulting from any defect or deficiencies in accepted items.
11. LIMITATIONS PERIOD (MAY 2001)
Any action brought by the contractor for breach of contract, request for equitable adjustment, or any other claim arising under the contract must be identified in writing to the Laboratory Procurement Official. Such written notification must be received by the Laboratory Procurement Official within two (2) years (unless an earlier period is stated elsewhere in the contract) after the completion of work under the contract or after the contractor knew or should have known that a cause of action has arisen, whichever occurs first, otherwise the contractor shall be barred from pursuing such action.
12. NON-WAIVER OF DEFAULTS (OCT 1999)
Any failure by the Laboratory at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms or conditions of this contract shall not constitute a waiver of such terms or conditions and shall not affect or impair such terms or conditions in any way, nor the right of the Laboratory at any time to avail itself of such remedies as it may have for any breach or breaches of such terms or conditions .
13. ORDER OF PRECEDENCE/INCONSISTENCY IN TRANSLATION OF AGREEMENTS (MAR 2026)
Any discrepancy, inconsistency, or conflict in the Article entitled “Applicable Documentation” which can be reasonably ascertained by the Contractor shall be immediately submitted to the Laboratory for its written decision. Any work undertaken by the contractor without such decision shall be at the Contractor's own risk. In the event of inconsistency between any terms of this Contract and any translation into another language, the English language meaning shall control.
Any inconsistency in the contract shall be resolved by giving precedence in the following order:
1. Contract document
2. The Terms and Conditions including FAR and DEAR clauses incorporated by reference
3. Other documents, exhibits, attachments, enclosures listed in the contract as incorporated documents
4. Technical documents such as Specifications, Statement of Work, Drawing, Sketches
14. PERMITS OR LICENSES (OCT 1999)
Except as otherwise directed by the Laboratory, the contractor shall procure all necessary permits or licenses and abide by all applicable laws, regulations, and ordinances of the United States and of the state, territory, and political subdivision in which the work under this contract is performed.
15. PUBLIC RELEASE OF INFORMATION/PHOTO RELEASE (MAR 2026)
Argonne National Laboratory (Laboratory) does not endorse products or services. Accordingly, the Supplier agrees not to use the Argonne National Laboratory or UChicago Argonne, LLC names on any of its projects or programs, or identifying characteristics of any of these for advertising, marketing, or other promotional purposes, raising of capital, recommending investments, sell of securities, or in any way that implies endorsement by Argonne National Laboratory, UChicago Argonne, LLC, or the United States Department of Energy (DOE). Any media releases concerning this Agreement are prohibited without written consent by the Laboratory Procurement Official.
Contractor acknowledges, on its behalf and those of its personnel, including subcontractors, if any, (“Releasors”) that recording and/or filming may take place at the site of the work, including but not limited to any related presentation, meeting or event . In connection with Releasors’ presence at site, or in a related presentation, meeting or event, Releasors voluntarily consent and hereby grant to Laboratory and the DOE the irrevocable, royalty-free rights to use, to permit the use of, to project, to distribute, to publish, to reproduce, and to use in advertisement their recorded voices, as well as their photographs, likenesses, video and/or other audio or visual recordings, and/or of property owned or operated by Releasors. The foregoing grant shall expressly include the unrestricted right to use the foregoing worldwide in any and all media now known or hereinafter devised without additional compensation, credit or other consideration
16. STATE AND LOCAL TAXES (APR 1984)
Notwithstanding the terms of the Federal, State, and Local Taxes clause, the contract price excludes all State and local taxes levied on or measured by the contract or sales price of the services or completed supplies furnished under this contract. The Contractor shall state separately on its invoices taxes excluded from the contract price, and the Laboratory agrees either to pay the amount of the taxes to the Contractor or provide evidence necessary to sustain an exemption.
17. SURVIVAL (APR 2023)
The indemnity obligations in this Agreement, together with any other obligations which by their nature or essential purpose should survive termination or expiration of the Agreement shall survive termination or expiration of the Agreement.
18. SUSPECT COUNTERFEIT PARTS (OCT 2025)
Notwithstanding any other provisions of this contract, the contractor warrants that all items provided to the Laboratory shal l 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 any Argonne National Laboratory facilities include all genuine, original, and new components, or are otherwise suitable for the intended purpose. The https://www.anl.gov/site-entry-requirements
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.
Furthermore, the Contractor shall indemnify the Laboratory, the U.S. Department of Energy (DOE), and the University of Chicago, and their directors, officers, employees and agents, and third parties for any financial loss, injury (including death) 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.
In addition to the requirements above, the Contractor must:
1) Purchase directly from product manufacturers or authorized manufacturer distributors whenever possible.
2) Use counterfeit prevention and/or quality assurance procedures, which include an S/CI detection program.
3) Immediately notify the Laboratory if Contractor suspects or becomes aware of used or counterfeit goods having been furnished during the performance of work on this contract.
4) Report suspected fraud, waste, or abuse by a DOE employee, Contractor, or grant recipient involving DOE programs to the Office of Inspector
General by phone (800) 541- 1625, or by email ighotline@hq.doe.gov. Additional information is available at: http://energy.gov/ig/office-inspector-general.
Types of material, parts, and components known to have been misrepresented include (but are not limited to) fasteners, hoisting, rigging and lifting equipment, personal protective equipment (PPD); 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; electronic components, chemicals, lubricants, and adhesives; power distribution equipment; construction equipment; bearings; fire control equipment; calibrated instrumentation and measuring tools; telecommunications and networking devices, and computer memory modules. 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 or issuance of a refund to the Laboratory if paid and identify, segregate, and report such information or activities to cognizant DOE officials. See Suspect/Counterfeit Bold Headmark list on last page.
19-99. CLAUSES INCORPORATED BY REFERENCE
mailto:ighotline@hq.doe.gov http://energy.gov/ig/office-inspector-general http://energy.gov/ig/office-inspector-general
19. DEAR 952.203-70 – WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (DEC 2000) Applies to work on DOE-owned or leased sites
20. DEAR 952.204-2 – SECURITY REQUIREMENTS (DEC 2024) Applies to contracts that will require Contractor employees to possess access authorizations
21. DEAR 952.204-70 – CLASSIFICATION/DECLASSIFICATION (DEC 2024) Applies to all contracts which involve or may involve access to classified information
22. DEAR 952.204-71 – SENSITIVE FOREIGN NATIONS CONTROLS (MAR 2011) Applies if the subcontract is for unclassified research involving nuclear technology
23. DEAR 952.204-77 – COMPUTER SECURITY (AUG 2006) Applies to contracts that may provide access to computers owned, leased, or operated on behalf of the DOE.
24. DEAR 952.215-70 – KEY PERSONNEL (DEC 2000)
25. DEAR 952.223-78 – SUSTAINABLE ACQUISITION PROGRAM (DEC 2024) Applies only to first tier subcontracts exceeding the SAT that support operation of the DOE facility and offer significant subcontracting opportunities for energy efficient or environmentally sustainable products or services
26. DEAR 952.225-71 – COMPLIANCE WITH EXPORT CONTROL LAWS AND REGULATIONS (EXPORT CLAUSE) (NOV 2015)
27. DEAR 952.226-74 – WORKFORCE RESTRUCTURING AND DISPLACED EMPLOYEE HIRING PREFERENCE (DEC 2024) Applies to all contracts except commercial items expected to exceed $500,000
28. DEAR 952.235-71 – RESEARCH MISCONDUCT (JUL 2005) Applies to contracts that involve research
29. DEAR 970.5204-2 – LAWS, REGULATIONS, AND DOE DIRECTIVES (SC Alternate May 2018)(DEC 2000)
List B
The DOE directives listed in the table below and referenced in this contract’s Statement of Work 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
DOE O 221.1B Reporting Fraud, Waste and Abuse to the Office of Inspector General – Applies to Contracts >$5.5M with a period of performance > 120 days.
DOE 0460.1D -
Chg 1 Ltd Chg
Hazardous Materials Packaging and Transportation – Applies to agreements that involve activities associated with the packaging and transportation of hazardous materials including radioactive materials.
DOE O 486.1A Foreign Government Sponsored or Affiliated Activities – Applies to R&D work performed on DOE/NNSA site/facility.
30. DEAR 970.5225-1 – COMPLIANCE WITH EXPORT CONTROL LAWS AND REGULATIONS (NOV 2015)
31. DEAR 970.5226-2 – WORKFORCE RESTRUCTURING UNDER SECTION 3161 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1993 (DEC 2000) Applies to all non-commercial item contracts expected to be >$500,000
32. DEAR 970.5232-3 – ACCOUNTS, RECORDS, AND INSPECTION (DEC 2024) Only (a)-(h). Applies where under the terms of the contract, costs incurred are a factor in determining the amount payable to the contractor
33. DEAR 970.5245-1 – PROPERTY (DEC 2024) (ALT 1) (AUG 2016) (DEVIATION)Alt I will apply for nonprofit contractors
34. FAR 52.203-6 – RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) Applies to contracts greater than SAT.
35. FAR 52.203-7 – ANTI-KICKBACK PROCEDURES (JUN 2020) Except c(1). Applies to contracts >$200,000
36. FAR 52.203-12 – LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) Applies to contracts >$200,000.
37. FAR 52.203-13 – CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) Applies to contracts >$7.5M with a performance period of more than 120 days
38. FAR 52.203-14 – DISPLAY OF HOTLINE POSTER(S) (NOV 2021)– Applies to contracts >$7.5M with a period of performance of 120 days or more (except if contract performed entirely outside of US). Link to poster referenced in (b)(3)(ii) is:
https://www.energy.gov/sites/prod/files/2017/05/f34/HotlinePoster.pdf
39. FAR 52.203-19 – PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
40. FAR 52.204-9 – PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) Applies when Contractor employees have routine physical access to a federally-controlled facility or information system
41. FAR 52.204-14 – SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) Applies if contract is subject to Service Contract Standards and greater than SAT
42. FAR 52.209-6 – PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2026)(DEVIATION) Applies to contracts >$45,000 (excluding COTS items)
43. FAR 52.211-5 – MATERIALS REQUIREMENTS (NOV 2025)(DEVIATION) Applies to T&M only for any non-commercial materials
44. FAR 52.215-10 – PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011) Applies to contracts greater than $10 million (T&M only)
45. FAR 52.215-11 – PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—MODIFICATIONS (JUN 2020) Applies to contracts greater than $10 million (T&M only)
46. FAR 52.215-12 – SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (NOV 2025)(DEVIATION) Applies to contracts >$10 million (T&M only)
47. FAR 52.215-13 – SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (NOV 2025)(DEVIATION) Applies to contracts >$10M (T&M only) https://www.energy.gov/sites/prod/files/2017/05/f34/HotlinePoster.pdf
48. FAR 52.215-14 – INTEGRITY OF UNIT PRICES (NOV 2021) Include clause less paragraph (b), for awards above SAT for service contracts where supplies and commercial products are not required
49. FAR 52.215-15 – PENSION ADJUSTMENTS AND ASSET REVERSIONS (NOV 2025)(DEVIATION) Only applies to TM contracts >$10 million for which it is anticipated that certified cost or pricing data will be required, or contracts for which any pre-award or post-award cost determinations will be subject to FAR Part 31
50. FAR 52.215-23 – LIMITATIONS ON PASS-THROUGH CHARGES (NOV 2025)(DEVIATION) Applies to contracts greater than SAT (T&M only)
51. FAR 52.216-7 – ALLOWABLE COST AND PAYMENT (AUG 2018) As modified by DEAR 952.216-7 (OCT 2021)(DEVIATION)(PF 2022-23) Applies only to T&M contracts (other than commercial products and services)
52. FAR 52.219-8 – UTILIZATION OF SMALL BUSINESS CONCERNS (MAR 2026)(DEVIATION) Applies to contracts that offer further subcontracting opportunities unless performed entirely outside of the United States and its outlying areas. If the subcontract (except subcontracts to small business concerns) exceeds $900,000 on the date of subcontract, the contractor must include this clause in lower tier subcontracts that offer subcontracting opportunities
53. FAR 52.219-9 – SMALL BUSINESS SUBCONTRACTING PLAN (MAR 2026)(DEVIATION) Applies to contracts with large businesses >$900,000
54. FAR 52.222-1 – NOTICE TO THE LABORATORY OF LABOR DISPUTES (FEB 1997) Information under this clause shall be provided to the Laboratory rather than the government
55. FAR 52.222-4 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT – OVERTIME COMPENSATION (MAR 2026)(DEVIATION) Applies to contracts that require or involve the employment of laborers and mechanics
56. FAR 52.222-20 – CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (MAR 2026)(DEVIATION) Applies to contracts >$20,000. Excludes part (b)
57. FAR 52.222-35 – EQUAL OPPORTUNITY FOR VETERANS (MAR 2026)(DEVIATION) Applies to contracts >$200,000
58. FAR 52.222-36 – EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (MAR 2026)(DEVIATION) Applies to contracts >$20,000 except when work is performed outside US territories
59. FAR 52.222-37 – EMPLOYMENT REPORTS ON VETERANS (MAR 2026)(DEVIATION) Applies to contracts >$200,000
60. FAR 52.222-40 – NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) Applies to contracts >$10,000 and work is performed in the US (unless Contractor is exempted)
61. FAR 52.222-41 – SERVICE CONTRACT LABOR STANDARDS (AUG 2018) Applies to contracts>$2,500 performed in the US and subject to the Service Contract Labor Standards Statute
62. FAR 52.222-43 – FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018). Applies to contracts subject to Service Contract Labor Standards (FAR 52.222-41) if contract >SAT and is a multiple year contract or is a contract with options to renew.
63. FAR 52.222-44 – FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT (MAY 2014) Applies to contracts subject to Service Contract Labor Standards (FAR 52.222-41) if contract >SAT, is not multi-year, and no options to renew
64. FAR 52.222-50 – COMBATING TRAFFICKING IN PERSONS (OCT 2025) Applies to all contracts, but section (h) only applies to any portion of the contract >$700,000 and is for supplies other than commercial-off-the-shelf items, acquired outside of the US, or for services performed outside the
US
65. 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 when the Laboratory has accepted a signed certification for exemption from Service Contract Labor Standards from the Contractor.
66. FAR 52.222.53 – EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES-REQUIREMENTS (MAY 2014) Applies when the Laboratory has accepted a signed certification for exemption from Service Contract Labor Standards from the Contractor.
67. FAR 52.222-54 – EMPLOYMENT ELIGIBILITY VERIFICATION (NOV 2025)(DEVIATION) Applies to contracts >$3,500 and work is performed in the USA, except for Commercial-Off-the-Shelf (COTS)and commercial services that are part of purchase of COTS item
68. FAR 52.222-55 – MINIMUM WAGES UNDER EXECUTIVE ORDER 14026 (JAN 2022) Applies if subject to Service Contract Labor Standards
1. FAR 52.222-62 – PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) Applies if subject to Service Contract Labor Standards
69. FAR 52.222-90 – ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026)(DEVIATION) Contractor shall indemnify and hold harmless the Laboratory for any and all costs, fines, penalties and damages of any time arising from Contractor’s or its subcontractors at any tiers’ breach of this clause, including but not limited to claims pursuant to the False Claims Act and resultant breaches of the prime contract between Laboratory and DOE.
70. FAR 52.223-7 – NOTICE OF RADIOACTIVE MATERIALS (JAN 1997) Applies for radioactive materials
71. FAR 52.224-1 – PRIVACY ACT NOTIFICATION (APR 1984) Applies if Contractor is required to design, develop, or operate a system of records on individuals subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations.
72. FAR 52.224-2 – PRIVACY ACT (APR 1984) Applies to contracts when contractor employees will have access to a system of records; create collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or design/develop, maintain, or operate a system of records.
73. FAR 52.224-3 – PRIVACY TRAINING (APR 1984) Applies to all subcontracts when subcontractor employees will (1) have access to a system of records; (2) create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or
(3) design, develop, maintain or operate a system or records.
74. FAR 52.225-1 – BUY AMERICAN ACT (MAR 2026)(DEVIATION) Modified by DEAR 970.2570-1 Applies to T&M above Micropurchase only
75. FAR 52.225-8 – DUTY-FREE ENTRY (OCT 2010) Applies to (only T&M) contracts for foreign supplies imported into the USA if value is >$15,000
76. FAR 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) Applies to contracts greater than the micro-purchase threshold
77. FAR 52.229-8 – TAXES-FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) Applies to contracts performed wholly or partially in a foreign country
78. FAR 52.230-2 – COST ACCOUNTING STANDARDS (NOV 2025)(DEVIATION) Applies at >$35M unless exempted. Contractor is liable to the Government for increased costs or interest resulting from the Contractor’s failure to comply with the CAS clauses
79. FAR 52.230-6 – ADMINISTRATION OF COST ACCOUNTING STANDARDS (NOV 2025)(DEVIATION) Applies at >$35M unless exempted.
Contractor is liable to the Government for increased costs or interest resulting from the Contractor’s failure to comply with CAS clauses
80. FAR 52.232-20 – LIMITATION OF COST (APR 1984) Applies if contract is fully funded
81. FAR 52.232-22 – LIMITATION OF FUNDS (APR 1984) Applies if contract is incrementally funded
82. FAR 52.232-40 – PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) Applies to all subcontracts with small business concerns (including commercial products and services)
83. FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
84. FAR 52.240-91 – SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) Except subparagraphs (d)(1) and (i)(1)
85. FAR 52.240-93 – BASIC SAFEGUARDING OF COVERED CONTRACTOR SYSTEMS (NOV 2025) (DEVIATION)
86. FAR 52.242-13 – BANKRUPTCY (JULY 1995)(DEVIATION) Applies to all contracts >SAT
87. FAR 52.242-15 – STOP-WORK ORDER (AUG 1989) Applies to supplies, services and R&D
88. FAR 52.242-15 – STOP-WORK ORDER (APR 1984) ALT I Applies to T&M contracts
89. FAR 52.243-3 – CHANGES-TIME-AND-MATERIALS OR LABOR-HOURS (SEP 2000)
90. FAR 52.244-2 – SUBCONTRACTS (JUN 2020) Applies to agreement greater than SAT
91. FAR 52.244-6 – SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2025)(DEVIATION)
92. FAR 52.246-6 – INSPECTION-TIME-AND-MATERIAL AND LABOR -HOUR (MAY 2001)
93. FAR 52.246-16 – RESPONSIBILITY FOR SUPPLIES (APR 1984) Applies to T&C only
94. FAR 52.246-17 – WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) Only applies to T&M. Section (b)(1) is 2 years unless otherwise specified in the contract. (c) – “a reasonable time” is inserted.
95. FAR 52.246-18 – WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001) Only applies to T&M
96. FAR 52.246-20 – WARRANTY OF SERVICES (MAY 2001) Section (b) is 2 years unless otherwise specified in the contract
97. FAR 52.247-63 – PREFERENCE FOR U.S. FLAG AIR CARRIERS (JAN 2025) all contracts that may involve international air transportation
98. FAR 52.247-64 – PREFERENCE FOR PRIVATELY OWNED U.S. – FLAG COMMERCIAL VESSELS ((NOV 2025)(DEVIATION) all T&M contracts except ocean transportation services or construction contracts, or if contractor is reselling/distributing to government without adding value
99. FAR 52.249-6 – TERMINATION (COST-REIMBURSEMENT) Alt IV (MAY 2004) and MODIFED BY DEAR 970.4905-1 (DEC 2000)
File details come from the government source that posted it. Updated .