Draft FP Contract (For Reference Only).doc

Contract No. __________ Contract No. ___________ ffp (October 31, 2006)

ARGONNE NATIONAL LABORATORY

BLDG. 201 OCF, 9700 S. Cass Ave., Lemont, IL 60439

AGREEMENT BETWEEN

UCHICAGO ARGONNE, LLC

(Operator of Argonne National Laboratory) and

_____TBD____

UChicago Argonne, LLC, an Illinois limited liability company, operator of Argonne National Laboratory and herein called the "Laboratory", acting under Prime Contract No. DE-AC02-06CH11357, as amended, with the United States Government (called the "Government"), represented by the U.S. Department of Energy (called the "Department" or "DOE"), desires ________ ____________ (called the "Contractor"), a _________ FORMTEXT organized under the laws of the State of , to perform the services set forth under Article I of this contract, and the Contractor is willing to perform such services.

THEREFORE, the parties mutually agree as follows:

SCHEDULE

ARTICLE I - DESCRIPTION OF WORK

The Contractor shall furnish the personnel, facilities, equipment, materials and supplies necessary to perform the work described in Appendix "B" - Argonne National Laboratory Statement of Work entitled, "Estimate the Cost of a Manufacturing Plant for NMCA Cathode Materials,” dated 02/03/2022, attached to and hereby made part of this contract.

ARTICLE II - DELIVERY

A.

All work required under the terms of this contract shall be completed and delivered to the Laboratory, F.O.B., Lemont, Illinois no later than [four months from award date].

B.

Deliver to:

Argonne National Laboratory Building 46

9700 S. Cass Ave.

Lemont, IL 60439

Ship via:

Your Choice - Prepaid

Marking Instructions:

Attention:

Courtesy Copy of Cully M. Johnston Cover Letter to:

Procurement Specialist 3 Procurement, Building 201

C.

Within fourteen (14) days after the effective date of this contract, the Contractor shall submit to the Laboratory a definite performance schedule acceptable to the Laboratory for completion of the work indicating the time for submission of any required drawings or design data, procurement of supplies and materials, phases of production and shipment. This performance schedule shall be revised by the Contractor with the approval of the Laboratory as appropriate. The Contractor shall submit to the Laboratory monthly reports showing progress in relation to the performance schedule. If in the opinion of the Laboratory the Contractor fails to maintain progress in accordance with the established delivery schedule, the Contractor shall take, at no additional cost to the Laboratory, such 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 in accordance with established schedules shall constitute endangering performance of this contract under the “Default” clause of Appendix A, Argonne Terms and Conditions for Fixed-Price Contracts.

ARTICLE III - COMPENSATION

A.

The total price for the work called for in Article I of this contract is $TBD.

B.

The total price shall be due and payable upon delivery and acceptance by the Laboratory of all work covered by the contract of all work to the F.O.B. point designated above.

C.

Progress payments and escalation adjustments will not be made. Drafts will not be honored. Payment shall be made upon the submission of acceptable invoices bearing the contract number, submitted in duplicate to:

ap@anl.gov (preferred) Argonne National Laboratory

9700 South Cass Avenue

Lemont, IL 60439-4874

Attention: Accounts Payable

D.

Terms:

Net 30 days (Net 15 for small business concern) E.

Attached to each billing and copy thereof, there must be furnished the following certification which must be manually signed by an authorized representative of the Contractor:

"I certify that the above bill is correct and just; that the amounts claimed represent fair charges against Argonne National Laboratory and that reimbursement has not and will not be received therefore under any other Government contract or other source of Government funds."

ARTICLE IV - APPLICABLE DOCUMENTATION

The following documents are attached to and hereby made part of this contract:

A.

Appendix "A", "Argonne Terms and Conditions for Fixed-Price Contracts", dated 12/10/2021.

B.

Appendix "B" - Argonne National Laboratory Statement of Work entitled, "Estimate the Cost of a Manufacturing Plant for NMCA Cathode Materials", dated 02/03/2022.

C.

Appendix "D-8", "Intellectual Property Provisions, Supplies and Services Requiring Delivery of Data," dated June 2020.

ARTICLE V - LABORATORY REPRESENTATIVES

A.

The Authorized Laboratory Procurement Official is the only person at the Laboratory who is authorized to change the Scope of Work or any other part of this contract.

B.

All correspondence from the Contractor shall be submitted to the attention of the Laboratory's Procurement Specialist.

C.

Unless the Contractor is otherwise notified in writing, technical questions relating to the work may be discussed with _________, who is the Laboratory's Technical Representative on this contract.

IN WITNESS WHEREOF, the parties hereby execute this Contract No. __________.

UCHICAGO ARGONNE, LLC

(Operator of Argonne National Laboratory)

NOT ISSUED

By:

Title:

Date:

Procurement Department

Date: