Sample Subcontract.pdf

Subcontract No. TBD Page 1

SUBCONTRACT

NO. TBD

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

Subcontractor:

TBD

Attention:

Address Address Phone:

E-Mail:

University Procurement Representative:

Name: Brian Zatkow Phone: (510) 495-2547 Fax: (510) 486-4380 E-Mail: BZatkow@lbl.gov

Introduction This is a fixed price subcontract (hereinafter "Subcontract") for fabrication, delivery and commissioning of Energy Storage Systems, as further described herein.

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

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

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

TBD

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

By:

By:

Name:

Name:

Title:

Title:

Date:

Date:

Subcontract No. TBD Page 2

SCHEDULE OF ARTICLES

ARTICLE 1 – ORDERED ITEMS

A. Description

The Subcontractor shall furnish, deliver, and commission the following ordered items, in accordance with this Subcontract:

Line Description Quantity

1 Energy Storage System (ESS) as described in the incorporated Scope of Supply

B. Delivery Schedule

The ordered items must be delivered to the shipping address indicated in the article below entitled Shipping Requirements on or before TBD.

C. Commissioning Schedule

D. Acceptance

Acceptance of the items described above is based upon successful completion of the acceptance test plan TBD incorporated into this Subcontract.

ARTICLE 2 – PRICE AND PAYMENT

A. Fixed Price

The Subcontractor shall furnish and deliver the ordered items for the total fixed price of $TBD

USD.

B. Milestones Payments are authorized for the following milestones under this Subcontract:

Payment # Description of Milestone Payment Amount

1 TBD $TBD

2 TBD (add rows below as needed) $TBD

Title to any property that the Subcontractor acquires or produces for this subcontract before each milestone payment date shall vest in the Government immediately upon the milestone payment. Property includes items acquired or produced by the Subcontractor that are or should be allocable or properly chargeable to this subcontract under sound and generally accepted accounting principles and practices.

C. Sales or Use Tax Items purchased by the University hereunder are treated as for resale, per the University's California State Resale Permit No. SR-CH 21-835970 for LBNL, and shall not be subject to any California or other State sales or use tax if shipped to California. Any items furnished hereunder

Subcontract No. TBD Page 3 for rentals or leases are subject to California State sales or use tax, and such tax is included in the fixed prices/rates stated herein.

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

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

D. Invoices

1. The Subcontractor shall email invoice(s) directly to the LBNL Accounts Payable Office at

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

To avoid delays in processing and payment, Subcontractors should include only one attachment per email. Multiple invoices should be combined and attached as a single portable document format (PDF) or Microsoft Word or rich text format (RTF) file (up to 30 individual invoices per attachment) or emailed separately (one attachment per email).

Do not include icons/pictures in the email (logos, etc.) and ensure only one subcontract number is listed on the invoice.

2. If unable to submit an invoice by email, the Subcontractor may submit the invoice to the following address:

Lawrence Berkeley National Laboratory Accounts Payable Office, Subcontract No. TBD One Cyclotron Road, M/S 971-AP Berkeley, CA 94720

3. Invoice(s) shall state: the Subcontract number; the Subcontractor (including business heading or logo); bill to address (same address as above); invoice date; unique invoice number; remittance address; sufficiently identify the items/services being invoiced; and identify any separately payable freight charges (with receipts if available) and taxes.

Invoice(s) in a spreadsheet format are not acceptable, but a spreadsheet can be used to support an invoice. The Subcontractor shall maintain records which support all invoiced amounts, and provide them to the University Procurement Representative upon request.

E. Payment Terms All invoices except the final invoice shall be payable within 30 days of receipt; provided, however, that payments made thereafter shall not be subject to any penalty, interest, or late charges. Only those items/services identified in this Subcontract or a Subcontract Modification will be considered for payment. Payment amounts may be adjusted for any applicable credits, offsets, or withholds.

Full payment shall not be due until any final acceptance requirements of this Subcontract have been satisfied. For inquiries about the status of an invoice, call (510) 486-6954 or aphelp@lbl.gov.

http://procurement.lbl.gov/supplier-forms/ mailto:APInvoice@lbl.gov mailto:aphelp@lbl.gov

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ARTICLE 3 – SUBCONTRACT ADMINISTRATION

A. Notices, Requests, and Modifications

The Subcontractor shall submit all notices and requests for approval by email to the University Procurement Representative indicated on the signature page or at the following mail address:

Lawrence Berkeley National Laboratory Attn: Brian Zatkow One Cyclotron Road M/S 90R1131 Berkeley, CA 94720

Only the University Procurement Representative is authorized to modify the terms, conditions, and requirements of this Subcontract, including any changes to the description of the work, and to issue any notices and approvals required by this Subcontract. Certain changes to this subcontract may be made only by the University Procurement Representative without subcontractor agreement or negotiation prior to the change. Such changes may include: changes of an administrative nature, directed changes pursuant to the clause incorporated herein entitled:

“CHANGES,” unilateral modifications authorized by clauses other than the Changes clause, and termination notices. Apart from the University Procurement Representative’s authority to issue unilateral changes, the parties may mutually agree to make changes in the work ordered, or modify any other term or condition of the subcontract, resulting in an amendment to the subcontract, but only by a written modification signed by the authorized representatives of both parties.

B. Technical Representative

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

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

ARTICLE 4 – FURNISHED AND ACQUIRED PROPERTY

The University will not furnish any U.S. Government Property for use under this Subcontract and no Subcontractor Acquired Property is anticipated. The Subcontractor is not authorized to acquire, fabricate, or provide any tangible personal property items for use under this Subcontract without the University Procurement Representative's advanced written approval via Subcontract modification. The Subcontractor is required to notify the University prior to purchasing any Subcontractor Acquired Property and assumes the risk of not being reimbursed for property if approvals are not provided by the University in advance via Subcontract modification.

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ARTICLE 5 – SHIPPING REQUIREMENTS

A. Shipping Terms

The shipping terms are Delivered at Place Unloaded (DPU) (per Incoterms 2020) to the delivery address. All shipments shall be shipped via a U.S. flag air carrier or U.S. ocean vessel and a U.S.

licensed common carrier selected by the Subcontractor.

B. High Value Items

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

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

Parks Reserve Forces Training Area 1001-1133h St, Dublin, CA 94568

[Include the following only if the shipment must be brokered through US customs] D. Customs Clearance

To facilitate customs clearance, 48 hours prior to vessel departure Subcontractor shall email or fax interfreight copies of the following documents to the University Procurement Representative and the designated LBNL customs broker, Aeronet Worldwide:

• Bill of Lading

• Commercial Invoice

• Packing List

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

ARTICLE 6 – REPORTS

A. Type of Reports The Subcontractor shall prepare and submit the following reports via email to the University recipients identified below:

• Critical Design Submittal

• Final Design Submittal

• Factory Test Report

• Commissioning Report

Recipient Email

TBD TBD

Subcontract No. TBD Page 6

ARTICLE 7 – LBNL SITE ACCESS REQUIREMENTS

A. All individuals assigned to work on this Subcontract by the Subcontractor (including lower-tier subcontractors) who require access to any LBNL-controlled facility or site are subject to DOE access approvals. Any questions should be directed to either the designated Technical Representative or Procurement Representative.

B. Subcontractor shall call 911 for any situation that requires immediate assistance from the police, fire department or ambulance. Subcontractor shall call the Site Operations Center (SOC) at 510- 486-6999 for the below situations, further detailed in the notify.lbl.gov webpage. Subcontractor is required to review this webpage for further detail about required notifications. If the Subcontractor is unable or unsure whether to call, the individual is required to reach out to their supervisor or team lead for guidance. Subcontractor shall flow down this requirement to all lower tier subcontractors performing work onsite at a LBNL location.

• Any injuries while performing work for Berkeley Lab

• Unplanned or Suspected Exposure

• Unplanned Overpressurization

• Property, vehicle, or equipment damage

• Damaged or Broken Utilities

• Safety systems that fail or malfunction

• Receipt of a notice of regulatory violation

• Any unplanned release/discharge or spill in a building or to the environment

• Chemical Spill

• Discovery of a hazardous chemical that requires EHS assistance

• Safeguards and security incident

• Fumes and Odors

• Hazardous wildlife and insects

• Performance of unauthorized work

C. The Subcontractor shall also ensure that all personnel who will perform the work at an LBNL site review the brochure entitled EH&S Orientation for Non-Construction Subcontractors, Vendors, and Affiliates, which is available at https://drive.google.com/file/d/1xswAn7dVveOhHaO7fPImZI-r5PtpDV-q/view?usp=drive_link.

D. Subcontractor acknowledges that foreign national (non-U.S. citizen) individuals assigned to work on Subcontract (including lower-tier subcontractors) or other foreign national individuals required to work at any LBNL-controlled facility or site who were born in, are citizens of, are employed or sponsored by or represent a government, company, institution, or other organization based in a country on the Department of State's List of State Sponsors of Terrorism (https://www.state.gov/state-sponsors-of-terrorism/) must obtain written approval from DOE Headquarters prior to accessing LBNL-controlled facilities or sites that are subject to DOE access approvals. Requests for access must be submitted to LBNL Foreign Visits and Assignments Office (FVA@lbl.gov) at least 180 days in advance to allow time for approval from the DOE, in accordance with DOE Order 142.3B Unclassified Foreign National Access Program, with no guarantee of approval.

http://notify.lbl.gov/ https://drive.google.com/file/d/1xswAn7dVveOhHaO7fPImZI-r5PtpDV-q/view?usp=drive_link https://www.state.gov/state-sponsors-of-terrorism/ mailto:FVA@lbl.gov

Subcontract No. TBD Page 7

E. The University is also required by DOE to document all foreign nationals working on this Subcontract who were born in, are citizens of, are employed or sponsored by or represent a government, company, institution or organization based in a foreign country and who require access to an LBNL-controlled facility or site. To obtain site access, all foreign national individuals assigned to this Subcontract (including lower-tier subcontractors) must provide LBNL with their place of birth and citizenship. Requests for access must be submitted to LBNL Foreign Visits and Assignments Office (FVA@lbl.gov) at least 180 days in advance to allow time for approval from the DOE, in accordance with DOE Order 142.3B, with no guarantee of approval. Subcontractor is to advise all individuals (including lower-tier subcontractors) assigned to work on this Subcontract of these requirements.

ARTICLE 8 – INSURANCE

A. University Requirements

1. Types of Coverage The Subcontractor shall obtain, keep in force, and maintain insurance to cover its performance under this Subcontract of the types and in the amounts set forth below. Such insurance shall be maintained in full force and effect during the performance of work required by this Subcontract. The stipulation of required coverage and limits of insurance shall not in any way limit the liability of the Subcontractor.

Commercial General Liability Insurance Minimum Limit

• Per Occurrence $ 1,000,000

• Products/Completed Operations Aggregate $ 2,000,000

• Personal and Advertising Injury $ 1,000,000

• General Aggregate $ 2,000,000

Business Automobile Liability Insurance Minimum Limit

• Per Occurrence $ 1,000,000 The automobile liability insurance shall cover liability to third parties related to the Subcontractor's use of any autos, including the Subcontractor's use of, and any resulting loss or destruction of, or damage to, University-furnished U.S. Government owned vehicles.

Workers' Compensation as required under California or other applicable State Law for any work not performed in California, and Employer's Liability Insurance with a minimum limit of $1,000,000 per accident and employee.

2. Insurance Certificate Requirements

a. Waiver of Subrogation Endorsement

The general and automobile liability insurance shall include a waiver of subrogation in favor of the University and the U.S. Government. Statements on the certificate will not suffice. Submit a copy of the policy with the blanket coverage, or provide, an endorsement to the policy providing the required coverage, or an endorsement that provides a waiver of subrogation where required by contract or agreement.

mailto:FVA@lbl.gov

Subcontract No. TBD Page 8

b. Additional Insured Endorsement The general and automobile liability insurance shall provide additional insured coverage. Submit a copy of the policy with the blanket coverage, or provide an endorsement to the policy that designates "The Regents of the University of California and the U.S. Government" as additional insureds, or an endorsement that designates additional insured coverage where required by contract or agreement. An endorsement naming additional insureds, as shown above, is required for umbrella policies when the underlying liability policies do not meet the stated requirements listed above. However, if the umbrella policy expressly states it is "follow form" of the underlying policies, an additional insured endorsement for the umbrella policy is not required if the certificate states the umbrella policy is follow form. Statements on the certificate will not suffice. Submit a copy of the policy with the blanket coverage, or provide an endorsement to the policy providing the required coverage.

c. Primary and Noncontributory Endorsement The general liability insurance coverage shall be primary and noncontributory and shall not participate with or be in excess over any other valid collectible insurance or program of self-insurance of the University or the U.S. Government. Statements on the certificate will not suffice. Submit a copy of the policy with the blanket coverage, or provide an endorsement to the policy providing the required coverage, or an endorsement that states that the subcontractor's insurance will be primary where required by contract or agreement.

d. Certificate Holder The Certificate Holder shall be listed as follows.

The Regents of the University of California and the U.S. Government Lawrence Berkeley National Laboratory One Cyclotron Road Berkeley, CA 94720

e. Rating The required insurance shall be obtained from insurance companies authorized to do business in California that have an A.M. Best rating of A: VII or better, or an equivalent Standard & Poor's rating of AA or better or Moody's rating of Aa or better; or that are acceptable to the University.

f. Deductible The certificate must state the deductible for the General Liability and Automobile Liability policies.

g. Self-Insurance Retention/Deductible The insurance shall not be subject to a self-insurance retention (SIR) or deductible of $250,000 or more without the written approval of the University Procurement Representative. Prerequisite to obtaining written approval of self-insurance retention (SIR) or deductible of $250,000 or more, Subcontractor shall submit to the University Procurement Representative a Certificate of Self Insurance, and a copy of the subcontractor's independent recent CPA audited or reviewed set of financial statements, including a balance sheet with the CPA's report, each acceptable to the University. If any of the insurance is written on a claims-made form, it shall continue for three years following completion or termination of this Subcontract and provide

Subcontract No. TBD Page 9 for a retroactive date of placement prior to or coinciding with the effective date of this Subcontract.

h. Applicability The insurance certificates submitted may be able to be applied to future LBNL Subcontracts, and it is preferred that it not be made applicable, or reference, a specific Subcontract.

3. Notification The Subcontractor or its insurers shall provide written notification to the University Procurement Representative at least 30 days in advance of any modification, change, or cancellation of any of the insurance coverage.

4. Lower-Tier Subcontractor Insurance The Subcontractor shall require its lower-tier subcontractors performing work at the worksite to maintain general, automobile, and employer's liability insurance with a minimum per-occurrence or aggregate limit of $1,000,000, as well as Workers' Compensation insurance at the statutory limits, and to confirm the required coverage before allowing the work at the worksite to commence.

B. Certificate Submission

The University shall verify the Subcontractor's compliance with the insurance requirements contained in the Subcontract.

The University will correspond directly with the Subcontractor to convey insurance deficiencies, and any other insurance documentation that may be lacking in order to establish full compliance with the University's insurance requirements.

Prior to commencing any Services at a location other than the Subcontractor's or lower-tier subcontractor's facilities, the Subcontractor shall provide certificate(s) of insurance or other documentation confirming the required insurance coverage, by submitting them to the Procurement Representative and the Technical Representative at the emails listed below:

Recipient Email TBD TBD@lbl.gov TBD TBD@lbl.gov

ARTICLE 9 – APPROVAL OF TECHNICAL DATA

If this Subcontract requires the Subcontractor to furnish any drawings, specifications, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance or test data, or other technical data for approval by the University prior to Subcontractor performance, the approval of the data by the University shall not relieve the Subcontractor from responsibility for any errors or omissions in such data or from responsibility for complying with the requirements of this Subcontract, except as specified below.

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

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

Subcontract No. TBD Page 10

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

ARTICLE 10 – PRELIMINARY INSPECTION

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

ARTICLE 11 – ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

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

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

In the performance of this Subcontract, the Subcontractor must specify, furnish, and use environmentally preferable products and services (i.e., products and services with a lesser or reduced effect on human health and the environment), to the maximum possible extent consistent with the Subcontract requirements herein, the General Provisions, and the intended end use of the products or services. The Laboratory generally considers the requirements practicable unless a specific program exception applies. Refer to SFTool.gov/Vendor Resources for links to sustainability resources and information on environmental programs the Laboratory and its suppliers/subcontractors are required to comply with, including exceptions.

DOE Order 436.1.A. In addition to the above programs, DOE Order 436.1.A requires:

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

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

https://sftool.gov/learn/about/652/vendor-resources#sftoolpages https://www.epa.gov/saferchoice

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

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

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

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

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

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

A. Non-Ozone Depleting Alternative Products and Greenhouse Gas Emission Reduction (SNAP)

“SNAP” refers to EPA’s Significant New Alternatives Policy (SNAP) program.

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s SNAP program has identified other acceptable alternatives that have lower global warming potential.

“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.

“Ozone-depleting substance” means any substance the Environmental Protection Agency designates in 40 CFR part 82 as–

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

The subcontractor shall make sure products that contain or are manufactured with ozone-depleting substances are labeled in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:

“Warning: Contains (or manufactured with, if applicable) [subcontractor to insert name of substance(s)], a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”

https://www.epa.gov/contracts/greening-government-procurement https://ucop.edu/procurement-services/for-suppliers/sustainable-procurement/sustainable-procurement-training-resources.html https://ucop.edu/procurement-services/for-suppliers/sustainable-procurement/sustainable-procurement-training-resources.html mailto:Business-Assurance-Sustainable@lbl.gov

Subcontract No. TBD Page 12

Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners shall be conducted in accordance with FAR 52.223-12 incorporated by reference in the applicable General Provisions.

Aerosols – The subcontractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this subcontract. When determining feasibility of using a particular alternative, the subcontractor shall consider environmental, technical, and economic factors such as–

(1) In-use emission rates, energy efficiency;

(2) Safety, such as flammability or toxicity;

(3) Ability to meet technical performance requirements; and

(4) Commercial availability at a reasonable cost.

Foams – The subcontractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this subcontract. When determining feasibility of using a particular alternative, the subcontractor shall consider environmental, technical, and economic factors such as–

(1) In-use emission rates, energy efficiency, and safety;

(2) Ability to meet performance requirements; and

(3) Commercial availability at a reasonable cost.

The subcontractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap/.

SFTool.gov/Vendor Resources provides links to sustainability resources and information on environmental programs the Laboratory and its suppliers/subcontractors are required to comply with, including the SNAP program.

Reporting Requirements – Non-Ozone Depleting Alternative Products and Greenhouse Gas Emission Reduction (SNAP) For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Subcontractor shall–

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Laboratory under this subcontract by–

• Type of hydrofluorocarbon (e.g., HFC-134 a, HFC-125, R-410 A, R-404 A, etc.);

• Subcontract number; and

• Equipment/appliance;

(2) Report that information–

• Annually by October 15 of each year during subcontract performance; and

• At the end of subcontract performance.

Reports must be submitted to the University Procurement Representative, with a copy to the Laboratory Sustainable Procurement Representative (Business-Assurance-Sustainable@lbl.gov).

http://www.epa.gov/snap http://www.epa.gov/snap/ https://sftool.gov/learn/about/652/vendor-resources#sftoolpages mailto:Business-Assurance-Sustainable@lbl.gov

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ARTICLE 12 – SYSTEM FOR AWARD MANAGEMENT (SAM)

By acceptance of this Subcontract, the Subcontractor certifies that it will be registered in the SAM database (http://www.sam.gov/) within 30 days of Subcontract award per Federal Acquisition Regulation (FAR) 52.204-7, System for Award Management, and acknowledges the requirement heretofore to maintain said registration in the database in accordance with FAR 52.204-13, System for Award Management Maintenance, during performance of this Subcontract. The Subcontractor is responsible for the accuracy and completeness of its data within the SAM database in accordance with the stated requirements. In any event, failure to complete the registration within the required timeframe or to maintain such registration throughout Subcontract performance is considered a breach of Subcontract.

ARTICLE 13 – INCORPORATED DOCUMENTS

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

• Insurance Certificate Instructions, dated 5/28/21*

• Scope of Supply TBD

• Acceptance Test Plan TBD

ARTICLE 14 – GENERAL PROVISIONS

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

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

• General Provisions for Commercial Supplies & Services, dated 12/22/23

• [or] General Provisions for Commercial Supplies & Services (Foreign), dated 12/22/23.

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

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

(END OF SCHEDULE OF ARTICLES)

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

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[Replace with final Scope of Supply]

Scope of Supply to include (but not limited to):

Engineering:

• Develop design documents, including electrical schematics, battery system layout, and controls and communications.

Equipment and Components:

• Provide two each high-quality battery energy storage equipment (specifications TBD).

o Storage technology, voltage range, energy efficiency, and expected operational lifespan

TBD.

Commissioning:

• Perform thorough testing, commissioning, and system integration to ensure proper functionality.

Monitoring and Control:

• Implement a robust monitoring and control system to enable real-time monitoring of system performance, energy storage levels, and operational parameters.

• Provide remote access capabilities for system monitoring and data retrieval.

Training and Documentation:

• Conduct training sessions on the operation, maintenance, and troubleshooting of the ESS.

• Provide comprehensive documentation to include (but not limited to):

o Electrical schematics o Battery system layout o Controls and communications o Operating manuals o Maintenance schedules o Safety guidelines

(End of Scope of Supply)