Attachment 2 - Sample Subcontract Schedule.pdf

SAMPLE SUBCONTRACT

INTRODUCTION & AGREEMENT

THIS SUBCONTRACT is effective upon execution by the Alliance for Sustainable Energy, LLC, manager and operator of the National Renewable Energy Laboratory and is between the Alliance for Sustainable

Energy, LLC, whose principal office is located in Golden, Colorado and __**___ (hereinafter called

”Subcontractor”).

The Alliance for Sustainable Energy, LLC (hereinafter called ”Alliance”) has entered into Contract No. DE-

AC36-08GO28308 (hereinafter called ”Prime Contract”) with the Department of Energy (hereinafter called

”DOE”), an agency of the U.S. Government (hereinafter called ”Government”), for the management and operation of the National Renewable Energy Laboratory (hereinafter called ”NREL”). All references to

”NREL” in this subcontract shall mean the Alliance for Sustainable Energy, LLC.

This subcontract is entered into in furtherance of the performance of the work provided for in the Prime

Contract.

NOW, THEREFORE, the parties hereto agree to the following terms and conditions:

WORK TO BE PERFORMED

1. The Subcontractor shall perform the work specifically provided for in Appendix A, Statement of Work, attached hereto and made a part hereof, pursuant to the provisions of this subcontract.

2. Specific deliverables, quantities, due dates, reporting requirements, and addresses are set forth in

Appendix A hereto.

PERIOD OF PERFORMANCE

The period of performance under this subcontract shall commence upon the date of execution and shall be completed ** from such date.

PRICE AND PAYMENT

1. In full consideration of the Subcontractor’s performance, hereunder, NREL shall pay the Subcontractor the prices stipulated in Paragraph 2 below, less any deductions provided in this subcontract. The total price for performance and receipt and acceptance of all deliverables under this subcontract is $_____.

2. Schedule. Payments will be made by NREL upon receipt and acceptance of the following deliverables in the amount specified:

Description Due Date Amount

1. 80% Enclosure Structural Design and Engineering Drawings

2. 100% Enclosure Structural Design and Engineering Drawings

3. Complete Manufacture of Equipment Enclosures **/**/**** $*.**

4. Enclosure Photographs or Video for Inspection **/**/**** $*.**

5. Delivery of Enclosure at NREL Deliverable Address **/**/**** $*.**

6. Instructions, materials, and support for Installation and Commissioning of Enclosure at NREL Deliverable Address.

7. Final and Complete “As Built” Enclosure Drawing with Construction Details

Said payments shall be made after receipt of and acceptance by NREL of the specified deliverables above and upon submission by the Subcontractor of an invoice, in a form satisfactory to the Subcontract

Administrator in accordance with the article entitled “Invoices”; provided, however, that said payments shall not be deemed to prejudice any rights which NREL may have by law or under other provisions of this subcontract.

3. Pursuant to the article entitled “Limitation of Price and Subcontractor Obligation” of this Schedule, the amount of $*.** has been allotted and is available for payment of occurrence specified in Paragraph 2 above. The allotted amount will cover occurrence [OCCURRENCE} under Appendix A, Statement of

Work, which deliverables shall be completed on or before twelve () months.

APPLICABLE DOCUMENTATION

In addition to the terms and conditions contained in this Schedule, the following documents are attached hereto and made a part of this subcontract:

1. Appendix A, entitled “Statement of Work”, dated 4/1/25;

2. NREL Appendix B-8, Standard Terms and Conditions for Subcontracts and Purchase Orders for Commercial

Terms, dated 1/23/2023.

3. Appendix C-3, “Intellectual Property Provisions”, dated 08/01/2022

ORDER OF PRECEDENCE

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

1. This Schedule;

2. Statement of Work (Appendix A);

3. Standard Terms and Conditions (Appendix B-8);

4. Intellectual Property Provisions (Appendix C-3)

5. Other provisions of this subcontract whether incorporated by reference or otherwise; and

6. The Subcontractor’s technical proposal, if incorporated in this subcontract by reference of otherwise.

CONTACT INFORMATION

1. NREL Technical Contact – [Name], [Email], [Phone]

2. NREL Buyer/Subcontract Administrator – [Name], [Email], [Phone]

KEY PERSONNEL

1. It having been determined that the individuals, whose names appear below, are necessary for the successful performance of this subcontract, the Subcontractor agrees to assign or have assigned such individuals to the performance of the work under this subcontract and shall not reassign or remove any of them without the consent of the Subcontract Administrator by modification to this subcontract:

Name Project Title Email Address

NAME PROJECT TITLE

2. Whenever, for any reason, one or more of the key personnel designated above, is unavailable for assignment for work under this subcontract, the Subcontractor shall, with the approval of the

Subcontract Administrator, replace such individual with an individual of substantially equal abilities and qualifications.

EXPORT CONTROL

The parties understand that materials and information resulting from the performance of this Subcontract may be subject to export control laws and that each party is responsible for its own compliance with such laws.

INVOICES

Invoices for work accomplished under this subcontract shall be submitted electronically (Microsoft Word or

PDF format) to the following email address:

Accounts.Payable@nrel.gov

ALTERATIONS TO TERMS AND CONDITIONS

WORKERS’ COMPENSATION INSURANCE

Unless specifically exempted by State law, the Subcontractor shall procure adequate workers’ compensation insurance and provide proof of such insurance to the NREL Subcontract Administrator, or its agent before the commencement of work under the subcontract. The workers’ compensation insurance shall be maintained in full effect as required by applicable State law and regulations covering all employees engaged in work related to this subcontract or performing services throughout the duration of this subcontract. As applicable, the Subcontractor shall be responsible for complying with all requirements to obtain an exemption from coverage under the applicable State law and shall provide proof of such exemption to the NREL Subcontract Administrator or its agent before the commencement of work under the subcontract. Noncompliance with this insurance provision shall be considered a material breach of the subcontract. This insurance provision supersedes any workers’ compensation requirement that may be resident in an applicable B-Appendix to the subcontract.

Appendices

APPENDIX B-8

Subcontracts and Purchase Orders for Commercial Items (Goods and Services)

Please refer to the full appendix text: https://www.nrel.gov/workingwithus/standard-terms.html

APPENDIX C-3

Intellectual Property Provisions for Large and Small Business, Nonprofit Organizations, Educational

Institutions, and Others (Non Research and Development)

Please refer to the full appendix text: https://www.nrel.gov/workingwithus/standard-terms.html