Enclosure 1 - Draft Award 457907 w Appendices.pdf

Rev. 10.0 Jun 2020 1

STANDARD RESEARCH SUBCONTRACT

(EDUCATIONAL INSTITUTION or NONPROFIT

ORGANIZATION)

[FOR UNCLASSIFIED WORK]

NO. 457907

Brookhaven Science Associates, LLC Brookhaven National Laboratory P.O. Box 5000 Upton, NY 11973

Subcontractor:

Attention: TBD

Address: Insert Address Line 1 Insert Address Line 2

City, State, Zip: Insert City,Insert State Zip Country: Insert Country Phone: Insert PhoneFax: Insert Fax E-Mail: Insert Email

Contractor’s Procurement Representative:

Proc. Rep: Lisa C. Gonzales Proc. Rep Title: Contracts Specialist Phone #: 631-344-5965 Fax #: 631-344-5478 E-Mail: lgonzales@bnl.gov

Introduction This is a cost-reimbursement, no-fee, standard subcontract for unclassified research and development work, not related to nuclear, chemical, biological, or radiological weapons of mass destruction, between Brookhaven Science Associates, LLC, a not-for-profit limited liability company organized under the laws of the State of Delaware, (hereinafter “Contractor”) and TBD, (hereinafter “Subcontractor”). This subcontract is issued under Prime Contract No. DE- SC0012704 between the Contractor and the United States Department of Energy (hereinafter “DOE”) for the management and operation of Brookhaven National Laboratory (hereinafter “DOE Facility”).

Agreement The parties agree to perform their respective obligations in accordance with the terms and conditions of the Schedule and the General Provisions (Appendix A) and other documents attached or incorporated by reference, which together constitute the entire Subcontract and supersedes all prior discussions, negotiations, representations, and agreements.

Insert Subcontractor Name

By:

Name:

Title:

Date:

BROOKHAVEN SCIENCE

ASSOCIATES, LLC

By:

Name: Lisa C. Gonzales Title: Sr. Contracts Specialist Date:

The Subcontractor shall sign and return one (1) copy of this Subcontract to the attention of Lisa C. Gonzales, Sr. Contracts Specialist, Procurement and Property Management Division, Building 902B, Upton NY 11973.

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SCHEDULE OF ARTICLES

1) Statement of Work

The Subcontractor shall perform certain research and development work identified as Transition Radiation Tracker Support and more fully described in the Statement of Work, Appendix B, to this Subcontract.

The Subcontractor’s Principal Investigator assigned to this work is PI TBD. The Principal Investigator shall not be replaced or reassigned without the advance written approval of the Contractor’s Procurement Representative.

2) Report Preparation Requirements

a. These instructions apply to all formal reports, including the final report, required by the Subcontract. It does not apply to letter reports or reports specifically identified as Milestones in Article 3. Period of Performance in this Subcontract as informal reports.

b. The final report shall contain a comprehensive summary of all work results and conclusions. All reports shall fairly and completely describe the efforts applied to and the results obtained toward achievement of scientific objectives of the subcontract work. If an objective is not accomplished, such failure shall be fully documented and explained in the report.

c. Reports shall include the following elements: (a) a brief abstract of the report which describes the overall objectives and results; (b) a full statement of each objective and description of the effort performed and the accomplishments achieved; (c) a list of any publication or information release made of material developed or maintained through the performance of the subcontract; and (d) any other relevant information.

d. The Subcontractor shall submit the final and any intermediate reports to the

Contractor’s Technical Representative, upon completion of the work and, when the Subcontract contains milestone requirements, on the indicated milestone dates. When requested by the Contractor’s Technical Representative, the Subcontractor shall submit a draft copy of the final report for review prior to finalization. The Contractor’s Technical Representative need not approve the Subcontractor’s reported conclusions of the research.

3) Period of Performance

The work described in Article 1, Statement of Work, shall commence upon signature of this Subcontract by both parties and shall be completed on or before 2 years from date of award of contract.

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4) Costs and Payments

a. The estimated cost of the work called for in this Subcontract is TBD, ($TBD), and is based on the Subcontractor’s Cost Proposal - Appendix D to this Subcontract.

b. This Subcontract is incrementally funded and is subject to the Limitation of Funds clause of the General Provisions. The funding amount currently allotted to this Subcontract is TBD ($TBD) .

c. The Contractor will pay the Subcontractor for performance of this Subcontract, unless excluded or limited by other provisions of this Subcontract, the allowable direct costs incident to performance, plus the allocable portion of the allowable indirect costs of the Subcontractor. Allowable and allocable costs shall be determined in accordance with the cost principles of the Allowable Cost and Payment clause of the General Provisions.

5) Invoices for Payment

a. Payments for Subcontract work shall be made monthly based on invoices submitted by the Subcontractor for work performed. Invoices shall bear the following certification signed by a responsible official of the Subcontractor:

“The undersigned certifies that the information set forth herein is true and correct and may be used as a basis for payment for work.”

b. Invoices must identify the Subcontract number, the period covered, and the total expenditures claimed for each of the following categories: salaries, fringe benefits, travel, materials and supplies, equipment, subcontracts/consultants, other direct costs such as rent, when applicable, and indirect or Facility and Administration costs.

c. Invoices shall be directed to BSA’s Accounts Payable Section via electronic or regular mail.

d. Electronic invoice submittal is preferred by BSA. Invoices shall be submitted in PDF format, via e-mail, to apinvoices@bnl.gov

e. The Contractor will use its best efforts to process invoices for payment within 30 days of receipt; provided, however, that payments made more than 30 days after receipt of an invoice shall not be subject to penalty, interest, or late charges. Final invoices should be submitted within 90 days of contract completion

f. Invoices which include any property acquired by the Subcontractor shall include the following information: a description of the property, an assigned property mailto:apinvoices@bnl.gov

Rev. 10.0 Jun 2020 4 number, the name of the manufacturer, serial and model number, the acquisition date, unit price, quantity, total cost and location of the item.

g. This is a cost type contract and therefore in accordance with cost allowability, allocability and reasonability standards, invoices will require backup documentation that allow the Tech Rep and Contract Specialist enough information to determine the cost reimbursable. The Subcontractor may reference the Invoice Requirements Guide located here:

https://www.bnl.gov/ppm/docs/invoice-requirements.pdf to assist in invoice development to ensure sufficient detail is provided to allow for timely invoice review and approval.

6) Contractor-Furnished and Subcontract-Acquired Property a.

b. Purchase of equipment or other tangible personal property, which is not identified in the Subcontractor’s cost proposal for this Subcontract and for which the Subcontractor is entitled to be reimbursed as a direct item of cost under this Subcontract, shall be approved in advance by the Contractor’s Procurement Representative.

c. All property furnished by the Contractor or acquired by the Subcontractor, as a direct cost under the Subcontract, title to which vests in the Government, shall be identified, controlled, and protected as required by the Government Property clause of the General Provisions of this Subcontract. Disposition of such property upon completion of this Subcontract shall be as directed by the Contractor’s Procurement Representative.

d. If the Contractor provides the Subcontractor property that is marked as “high risk property” for use under this award, the Subcontractor shall ensure that adequate safeguards are in place, and adhered to, for the handling, control and disposition of property in accordance with the policies, practices and procedures for property management contained in the DOE Property Management Regulations (41 CFR 109-1.53). Title to all property marked as “high risk property” vests in the Government.

e. The Subcontractor may refer to the Property Management Guidance for

Subcontractors located here: https://www.bnl.gov/ppm/docs/property-mgmt-guidance.pdf document for handling, tracking, and reporting property.

7) Subcontract Administration

a. The Contractor’s Procurement Representative for this Subcontract is Lisa C.

Gonzales. The Procurement Representative is the only person authorized to make https://www.bnl.gov/ppm/docs/invoice-requirements.pdf https://www.bnl.gov/ppm/docs/invoice-requirements.pdf https://www.bnl.gov/ppm/docs/property-mgmt-guidance.pdf https://www.bnl.gov/ppm/docs/property-mgmt-guidance.pdf https://www.bnl.gov/ppm/docs/property-mgmt-guidance.pdf https://www.bnl.gov/ppm/docs/property-mgmt-guidance.pdf

Rev. 10.0 Jun 2020 5 changes in the requirements of this Subcontract or to make modifications to this Subcontract, including changes or modifications to the Statement of Work and the Schedule. The Subcontractor shall direct all notices and requests for approval required by this Subcontract to the Procurement Representative at the following email address: lgonzales@bnl.gov

b. Any notices and approvals required by this Subcontract from the Contractor to the

Subcontractor shall be issued by the Procurement Representative.

c. The Contractor’s Technical Representative for this Subcontract is TBD . The Technical Representative is the person designated to monitor the Subcontract work and to interpret and clarify the technical requirements of the Statement of Work. The Technical Representative is not authorized to make changes to the work or modify this Subcontract.

d. The Subcontractor shall, as a condition of full payment, assist the Contractor 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, the performance of any audits, and the settlement of any interim or disallowed costs.

8) Travel Requirements

a. All travel not included in the Subcontractor’s cost proposal must be approved in advance by the Contractor.

b. All foreign travel must be approved in advance (at least 45 days prior to travel) by the Contractor, even if the cost is included in the Subcontractor's cost proposal for this Subcontract. Foreign travel requests should be submitted in accordance with DOE Order 551.1D (or current version).

c. Any travel costs will be reimbursable in accordance with the Subcontractor's institutional travel policy.

9) Performance of Work

The Subcontractor will perform the work at a location other than a DOE/NNSA Facility.

10) Incorporated Documents

The following documents are hereby incorporated as Attachments to this Schedule of Articles of this Subcontract:

• Appendix A- General Provisions for Standard Research Subcontracts mailto:lgonzales@bnl.gov

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• Appendix B- Statement of Work dated: 12/10/2024

• Appendix C- Intellectual Property Reserved

• Appendix D- Subcontractor’s Cost Proposal Dated: Reseved will add at final contract

• Appendix E- Contractor-Furnished Government Property dated: Reserved

• Appendix F – Brookhaven National Laboratory Supplier Quality Assurance

Requirements (BNL-QA-101)

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APPENDIX A - GENERAL PROVISIONS

CLAUSE 1 – PUBLICATIONS

A. The Subcontractor shall closely coordinate with the Contractor’s Technical Representative regarding any proposed scientific, technical or professional publication of the results of the work performed or any data developed under this Subcontract. The Subcontractor shall provide the Contractor an opportunity to review any proposed manuscripts describing, in whole or in part, the results of the work performed or any data developed under this Subcontract at least forty-five

(45) days prior to their submission for publication. The Contractor will review the proposed publication and provide comments. A response shall be provided to the Subcontractor within forty-five (45) days; otherwise, the Subcontractor may assume that the Contractor has no comments. Subject to the requirements of Clause 9, the Subcontractor agrees to address any concerns or issues identified by the Contractor prior to submission for publication.

B. Subcontractor may acknowledge the Contractor, and Government sponsorship of the work as appropriate.

CLAUSE 2 – NOTICES

A. The Subcontractor shall immediately notify the Contractor’s Procurement Representative in writing of: (1) any action, including any proceeding before an administrative agency, filed against the Subcontractor arising out of the performance of this Subcontract; and (2) any claim against the Subcontractor, the cost and expense of which is allowable under the terms of this Subcontract.

B. If, at any time during the performance of this Subcontract, the Subcontractor becomes aware of any circumstances which may jeopardize its performance of all or any portion of the Subcontract, it shall immediately notify the Contractor’s Procurement Representative in writing of such circumstances, and the Subcontractor shall take whatever action is necessary to cure such defect within the shortest possible time.

CLAUSE 3 – ASSIGNMENTS

The Contractor may assign this Subcontract to the Government or to a successor contractor to operate the DOE Facility. The Subcontractor agrees to look solely to the Government or to such successor contractor for payment of the part so assigned. Except as to assignment of payment due, the Subcontractor shall have no right to assign or mortgage this Subcontract or any part of it without the prior written approval of the Contractor’s Procurement Representative, except for subcontracts already identified in the Subcontractor’s proposal.

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CLAUSE 4 – DISPUTES

A. Informal Resolution

1. The parties to a dispute shall attempt to resolve it in good faith, by direct, informal negotiations. All negotiations shall be confidential. Pending resolution of the dispute, the Subcontractor shall proceed diligently with the performance of this Subcontract, in accordance with its terms and conditions.

2. The parties, upon mutual agreement, may seek the assistance of a neutral third party at any time, but they must seek such assistance no later than 120 days after the date of the Contractor’s receipt of a claim. The requirement to seek assistance of a neutral third party may be waived or modified only with the consent of all parties. The parties may request the assistance of an established Ombudsman Program, where available, or hire a mutually agreeable mediator, or ask the DOE Office of Dispute Resolution to assist them in selecting a mutually agreeable mediator. The cost of mediation shall be shared equally by both parties. If requested by both parties, the neutral third party may offer a non-binding opinion as to a possible settlement. All discussions with the neutral third party shall be confidential.

3. In the event the parties are unable to resolve the dispute by using a neutral third party or waive the requirement to seek such assistance, the Contractor will issue a written decision on the claim.

B. Formal Resolution

1. If a dispute has not been resolved by informal resolution, it may be submitted to binding arbitration upon agreement of both parties, by and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). If arbitration is agreed to by both parties, such decision is irrevocable and the outcome of the arbitration shall be binding on all parties.

2. Each party to the arbitration shall pay its pro rata share of the arbitration fees, not including counsel fees or witness fees or other expenses incurred by the party for its own benefit.

3. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

C. Litigation

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If arbitration is declined for such disputes, the parties may pursue litigation in any court of competent jurisdiction.

D. Governing Law

This Subcontract shall be interpreted and governed in accordance with all applicable federal and state laws and all applicable federal rules and regulations.

CLAUSE 5 – RESPONSIBILITY FOR TECHNOLOGY 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 in accordance with DEAR 970.5225-1

COMPLIANCE WITH EXPORT CONTROL LAWS AND REGULATIONS,

incorporated herein by reference.

CLAUSE 6 – COST ACCOUNTING STANDARDS (CAS) LIABILITY

Applicable to Subcontracts exceeding $2M

Clause 10 below incorporates into these GENERAL PROVISIONS clauses entitled, “COST ACCOUNTING STANDARDS” or “DISCLOSURE AND CONSISTENCY OF COST ACCOUNTY PRIACTICES” and “ADMINISTRATION OF COST ACCOUNTING STANDARDS”. Notwithstanding the provisions of these clauses, or of any other provision of the Subcontract, the Subcontractor shall be liable to the Government for any increased costs, or interest thereon, resulting from any failure of the Subcontractor, with respect to activities carried on at the site of the work, or of a subcontractor, to comply with applicable cost accounting standards or to follow any practices disclosed pursuant to the requirements of such clause.

CLAUSE 7 – DISCLOSURE AND USE RESTRICTIONS FOR LIMITED RIGHTS

DATA

Generally, delivery of Limited Rights Data (or Restricted Computer Software) should not be necessary. However, only if Limited Rights Data will be used in meeting the delivery requirements of the subcontract, the following disclosure and use restrictions shall apply to and shall be inserted in, any FAR 52-227-14 Rights in Data – General (DEC 2007) Limited Rights Notice on any Limited Rights Data furnished or delivered by the Subcontractor or a lower-tier subcontractor:

A. These “Limited Rights Data” may be disclosed for evaluation purposes under the restriction that the “Limited Rights Data” be retained in confidence and not be further disclosed;

B. These “Limited Rights Data” may be disclosed to other contractors participating in the Government’s program of which this Subcontract is a part for information

Rev. 10.0 Jun 2020 10 or use in connection with the work performed under their contracts and under the restriction that the “Limited Rights Data” be retained in confidence and not be further disclosed; and

C. These “Limited Rights Data” may be used by the Government or others on its behalf for emergency repair or overhaul work under the restriction that the “Limited Rights Data” be retained in confidence and not be further disclosed.

CLAUSE 8 – ORDER OF PRECEDENCE

Any inconsistencies in the documents comprising this Subcontract shall be resolved by giving precedence in the following order: (a) the SCHEDULE OF ARTICLES and this Subcontract Signature Page; (b) these GENERAL PROVISIONS; (c) other referenced documents, exhibits, and attachments; and (d) any referenced specification or Statement of Work.

CLAUSE 9 – SECURITY REQUIREMENTS

A. This Subcontract is intended for unclassified, publicly releasable research or development work. The Contractor does not expect that results of the research project will involve classified information or Unclassified Controlled Nuclear Information (UCNI) (See 10 CFR part 1017). However, the Contractor may review the research work generated under this Subcontract at any time to determine if it requires classification or control as UCNI.

B. If, subsequent to the date of this Subcontract, a review of the information reveals that classified information or UCNI is being generated under this Subcontract, then the security requirements of this Subcontract must be changed. If such changes cause an increase or decrease in costs or otherwise affect any other term or condition of this Subcontract, the Subcontract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this Subcontract.

C. If the security requirements are changed, the Subcontractor shall exert every reasonable effort compatible with its established policies to continue the performance of work under the Subcontract in compliance with the change in the security requirements. If the Subcontractor determines that continuation of the work under this Subcontract is not practicable because of the change in security requirements, the Subcontractor shall notify the Contractor’s Procurement Representative in writing. Until the Contractor’s Procurement Representative provides direction, the Subcontractor shall protect the material as directed by the Contractor.

D. After receiving the written notification, the Contractor’s Procurement Representative shall explore the circumstances surrounding the proposed change in security requirements and shall endeavor to work out a mutually satisfactory

Rev. 10.0 Jun 2020 11 method to allow the Subcontractor to continue performance of work under this Subcontract.

E. Within 15 days of receiving the written notification of the Subcontractor’s stated inability to proceed, the Contractor’s Procurement Representative must determine whether (1) these security requirements do not apply to this contract or (2) a mutually satisfactory method for continuing performance of work under this Subcontract can be agreed upon. If this determination is not made, the Subcontractor may request the Contractor’s Procurement Representative to terminate the Subcontract in whole or in part. The Contractor’s Procurement Representative shall terminate the Subcontract in whole or in part, as may be appropriate, and the termination shall be deemed a termination under the terms of the Termination for the Convenience of the Government clause.

CLAUSE 10 – CLAUSES INCORPORATED BY REFERENCE

The FEDERAL ACQUISITION REGULATION (FAR) and the U.S. DEPARTMENT OF ENERGY ACQUISITION REGULATION (DEAR) clauses listed below, which are located in Chapters 1 and 9, respectively, of Title 48 of the Code of Federal Regulations, are incorporated by this reference as a part of these GENERAL PROVISIONS, as they exist on the effective date of this Subcontract, with the same force and effect as if they were given in full text, as prescribed below.

The full text of the clauses may be accessed electronically at:

https://www.acquisition.gov/browse/index/far

As used in the clauses, the term “contract” shall mean this Subcontract; the term “Contractor” shall mean the Subcontractor; the term “subcontractor” shall mean the Subcontractor’s subcontractor, and the terms “Government” and “Contracting Officer” shall mean the Contractor, except in FAR clauses 52.227-14 and 52.245-1, Alternate II, and DEAR clauses 970.5227-4, 952.227-11and 970.5232-3, in which clauses “Government” shall mean the United States Government and “Contracting Officer” shall mean the DOE/NNSA Contracting Officer for Prime Contract with the Contractor. As used in DEAR clauses 952.204-72 and 952.227-9, the term “DOE” shall mean DOE or the Contractor.

The modifications of these clause terms are intended to appropriately identify the parties and establish their contractual and administrative reporting relationship, and shall not apply to the extent they would affect the U.S. Government’s rights. The Subcontractor shall include the listed clauses in its subcontract(s) at any tier, to the extent applicable.

APPLICABLE TO ALL SUBCONTRACTS UNLESS OTHERWISE INDICATED

BELOW:

FAR 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES

https://www.acquisition.gov/browse/index/far

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FAR 52.216-7 ALLOWABLE COST AND PAYMENT

(substitute 31.3, in subcontracts with educational institutions and 31.7 in subcontracts with nonprofit organizations for 31.2 in paragraph (a))

FAR 52.216-15 PREDETERMINED INDIRECT COST RATES

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES

FAR 52.222-26 EQUAL OPPORTUNITY

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERFICATION

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIALSAFETY DATA with ALTERNATE I (Applies only if Subcontract involves delivery of hazardous materials)

FAR 52.224-3 PRIVACY TRAINING

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

DEAR 970.5225-1 COMPLIANCE WITH EXPORT CONTROL LAWS AND

REGULATIONS

DEAR 970.5227-4 AUTHORIZATION AND CONSENT, Paragraph (a).

DEAR 952.204-71 SENSITIVE FOREIGN NATIONS CONTROLS

(Applies if the Subcontract is for unclassified research involving nuclear technology)

DEAR 952.227-9 REFUND OF ROYALTIES

(Applies if “royalties” of more than $250 are paid by a subcontractor at any tier)

DEAR 952.227-11 PATENT RIGHTS – RETENTION BY THE CONTRACTOR (SHORT

FORM

(Applies if the Subcontractor is a nonprofit organization as set forth in 48 CFR 27.301. If Subcontractor does not qualify in accordance with 48 CFR 27.301, it may request a patent waiver pursuant to 10 CFR 784)

FAR 52.227-14 [Check provision below that applies OR include only applicable provision] RIGHTS IN DATA – GENERAL with ALTERNATE V including new paragraph (j) and DEAR 927.409 revised paragraphs (a) and (d)(3). (Applies if the Subcontract is for development work, or for basic and applied research where computer software is specified as a Deliverable in the Statement of Work or other special circumstances apply as specified in the Agreement) RIGHTS IN DATA – GENERAL with ALTERNATE IV, and revised paragraph (c) (1) and DEAR 927.409, revised paragraph

(a) Definitions. (Applies if the Subcontract is for basic or applied Research and computer software is not specified as a Deliverable in the Statement of Work, and no other special circumstances apply Per DEAR 927.409)

FAR 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL)

(Applies if the Subcontract is based upon a technical proposal)

FAR 52.229-10 STATE OF NEW MEXICO GROSS RECEIPTS AND

COMPENSATING TAX

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(Applies if any part of this Subcontract is to be performed in the State of New Mexico)

DEAR 970.5232-3 ACCOUNTS, RECORDS, AND INSPECTION

FAR 52.232-20 LIMITATION OF COST

(Applies if the Subcontract is fully funded)

FAR 52.232-22 LIMITATION OF FUNDS

(Applies if the Subcontract is incrementally funded) FAR 52.242-15 STOP-WORK ORDER with ALTERNATE I FAR 52.243-2 CHANGES – COST REIMBURSEMENT with ALTERNATE V FAR 52.244-2 SUBCONTRACTS with ALTERNATE I. Insert in Paragraph (e): "Any subcontract or purchase order for other than "commercial items" exceeding the simplified acquisition threshold. ("Commercial item" has the meaning contained in FAR .202-1, Definitions.)"

FAR 52.245-1 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME-

AND- MATERIALS, OR LABOR-HOUR CONTRACTS with Alternate II (JUN 2007). Paragraphs (e)(l), (e)(2), and revised (e)(3). Insert DEAR Subpart 945.5, after the reference to FAR Subpart 45.5).

FAR 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT

FORM)

FAR 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS

(Applies if the Subcontract involves international air transportation)

FAR 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG

COMMERCIAL VESSELS

DEAR 952.247-70 FOREIGN TRAVEL

FAR 52.249-5 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(EDUCATIONAL AND OTHER NONPROFIT INSTITUTIONS)

DEAR 952.217-70 ACQUISITION OF REAL PROPERTY

(Applies if the Subcontract involves leased space that is reimbursed)

DOE O 486.1A DOE O 486.1A FOREIGN GOVERNMENT SPONSORED OR

AFFILIATED ACTIVITIES

APPLICABLE IF THE SUBCONTRACT EXCEEDS $15,000:

FAR 52.222-36 Equal Opportunity FOR WORKERS WITH DISABILITIES

APPLICABLE IF THE SUBCONTRACT EXCEEDS $150,000:

FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

FAR 52.203-7 ANTI-KICKBACK PROCEDURES

FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

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FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS

DEAR 970.5227.5 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

APPLICABLE IF THE SUBCONTRACT EXCEEDS $500,000:

FAR 52.227-16 ADDITIONAL DATA REQUIREMENTS

APPLICABLE IF THE SUBCONTRACT EXCEEDS $750,000:

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN

(Applies to any Subcontract greater than $750,000, to other than a small business, unless there are no subcontracting opportunities)

APPLICABLE IF THE SUBCONTRACT EXCEEDS $2M:

FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA

(Applies to any Subcontract greater than $2M)

FAR 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-

MODIFICATIONS not used when 52.215-10 is included. In subcontracts greater than $2M.

FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA. Applies if 52.215-10 applies. SUBCONTRACTOR COST OR PRICING DATA (Applies to any Subcontract greater than $2M and52.215-10 applies)

FAR 52.215-13 SUBCONTRACTOR COST OR PRICING DATA- MODIFICATIONS.

Applies if 52.215-11 applies. SUBCONTRACTOR COST OR PRICING

DATA – MODIFICATIONS

FAR 52.230-2 COST ACCOUNTING STANDARDS, excluding paragraph (b) (Applies to nonprofit organizations if they are subject to full CAS coverage as set forth in 48 CFR Chapter 99, Subpart 9903.201-2 (FAR Appendix B).

OR

FAR 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING

PRACTICES, excluding paragraph (b) (Applies to nonprofit organizations if they are subject to modified CAS coverage as set forth in 48 CFR Chapter 99, Subpart 9903.201-2 (FAR Appendix B). Refer to AMS Form 009, Section XIII, if checked, for applicability).

FAR 52.230-5 COST ACCOUNTING STANDARDS – EDUCATIONAL

INSTITUTION, excluding paragraph (b).

FAR 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS

(END OF APPENDIX A GENERAL PROVISIONS)

Statement of Work Transition Radiation Tracker Support

Contract #: 457907 Overview

In FY25-26 the contractor will support and assist in work for the TRT (Transition Radiation Tracker) subsystem at CERN, which is part of the Large Hadron Collider (LHC) at CERN.

Work Scope

Activities which will focus on the operation of the TRT include:

Focus on the operation of the TRT active gas system including control of the operational parameters to minimize gas leaks, assisting on the ongoing maintenance and modifications required as new challenges arise.

Control and mitigate the active gas leaks in the detector, which continue to develop under radiation exposure.

Carry out ageing studies in the ageing laboratory of the TRT collaboration.

Continuous validation of materials to be used in the TRT gas system, to minimize potential foreign components that enter the gas system that can produce deposits which degrade performance of the

TRT.

Eventually supporting in the deinstallation and removal of the TRT subsystem and detector itself from the ATLAS pit and carry out postmortem studies of the aged components.

Tech Rep, 12/10/2024

APPENDIX B

BROOKHAVEN NATIONAL LABORATORY

SUPPLIER QUALITY ASSURANCE REQUIREMENTS

(BNL-QA-101)

5.0/2d01e011.docx Page 1 of 6 (08/2024)

Contract No.: _______457907______________________ Date: 1/10/2025

1.0 PURPOSE & SCOPE

1.1 This document establishes quality assurance requirements to which Suppliers to Brookhaven Science Associates (BSA) must conform when specified in the procurement documentation.

1.2 This document contains two main sections. Section 3.0 covers the general requirements that are applicable to all Suppliers.

Section 4.0 contains special quality requirements that are applicable only when specifically invoked in the procurement documentation.

2.0 DEFINITIONS

2.1 The term Procurement documentation means the purchase order

(PO), contract, subcontract, Request for Proposal (RFP), Request for Quotation (RFQ) or other written agreement with the Supplier (seller) in which the requirements of BSA are incorporated.

2.2 The term Buyer means BSA operating Brookhaven National

Laboratory, acting by and through its Procurement & Property Management Division (PPM) issuing the PO/contract.

2.3 The term Supplier (seller) means the legal entity, which is the contracting party, with the Buyer with respect to the procurement documentation.

2.4 The term article or item means a product and/or a service.

3.0 GENERAL REQUIREMENTS

Unless otherwise specified in the procurement documentation, the following General Requirements apply:

3.1 Supplier’s Quality System and Quality Requirements

The Supplier must have and maintain an effective quality system that will, as a minimum, comply with all of the requirements as designated by the following:

3.1.1 A quality system certified/registered to the ISO

9001 standard: (latest revision as of the date of issuing the procurement documentation).

3.1.2 A quality system that meets the requirements of the

ISO 9001 standard: “Quality Management Systems – Requirements” (latest revision as of the date of issuing the procurement documentation).

3.1.3 Conformance to Supplier’s/Manufacturer’s quality

program or system.

3.1.4 Other: Refer to procurement documentation, (e.g. PO, Statement of Work [SOW], specifications, drawings) for quality requirements.

NOTE: Clauses 3.2 through 3.22 apply to all POs and will be included collectively in other procurement documentation when required/specified.

3.2 Assessment by Buyer

The Supplier’s quality system is subject to assessments by the Buyer’s Representative(s) for conformance with the requirements of the PO. Supplier or Distributor must allow BSA representatives, BSA customers, and regulatory agencies right of entry into the Supplier’s facilities to determine and verify product, processes, records, personnel, material, procedures, and systems.

3.3 Change Approval

No change(s) are permitted to be made to any Buyer requirements, (e.g. part number, model number, etc.) without the prior written approval of the Buyer.

3.4 Responsibility for Subcontractors

It is the responsibility of the Supplier to impose applicable requirements from this document upon their subcontractors.

Additionally, the Buyer reserves the right to disapprove, in writing, any subcontractor. For nuclear facility requirements per NQA-1, the Supplier must incorporate NQA-1 requirements in sub-tier procurement documents.

3.5 Responsibility for Conformance

The Supplier is responsible to provide items that conform to the requirements of the PO regardless of any assessments, surveillances, inspections and/or tests by the Buyer or its representatives at either the Supplier’ or Buyer’s facility. The Buyer reserves the right to request failure analysis and corrective action for non-conforming articles or items submitted or supplied to the Buyer. The Supplier is responsible for notifying the Buyer of any recalls or alerts associated with this

PO.

When NQA-1 requirements are imposed, prior to shipment, the Supplier must report any nonconformance that cannot be corrected to full conformance and obtain approval from BNL for possible Use-As-Is or Repair dispositions. Additionally, for commercial grade services, a service performance record must be provided that documents the adequacy of the service performed to the identified critical characteristics documented in the PO/contract.

3.6 Protection of Material and Equipment

The Supplier must employ procedures that assure adequate protection of material and equipment during shipment and while in storage. Such protection must include special environmental packaging, as necessary. All items shipped (originally packaged or repackaged) to BNL or other locations cited in the PO or contract, must comply with the requirements for preservation, packaging and marking as stated in the latest revision of ASTM Standard D 3951 Standard Practice for Commercial Packaging.

3.7 Measuring and Test Equipment (M&TE) Calibration

The Supplier must calibrate any M&TE used in the fulfillment of the PO requirements against certified standards that are

APPENDIX F

SUPPLIER QUALITY ASSURANCE REQUIREMENTS BNL-QA-101

5.0/2d01e011.docx Page 2 of 7 (08/2024) traceable to the National Institute of Standards and Technology (NIST), or some other recognized national or international standard, or physical constant. The Supplier must notify the Buyer of any condition found during the calibration, servicing or repair of measuring and test equipment that can affect the end item requirements.

3.8 Suspect Counterfeit Parts

The Supplier must verify the procurement source and associated certifying paperwork.

Appropriate incoming inspection test methods must be used to detect potential counterfeit parts and materials.

The Supplier must flow this requirement down to all sub-tier suppliers to prevent the inadvertent use of counterfeit parts and materials.

Distributors must not modify, rework or repair material shipped on this order.

* For more information refer to the following Department of Energy website: https://www.energy.gov/ehss/corporate-reporting-analysis/databases/suspectcounterfeit-and-defective-items

3.9 Electrostatic Discharge Control

Items that are susceptible/sensitive to electrostatic discharge (ESDS) must be handled and packaged to protect them from damage. Items and/or packages must be labeled to indicate the susceptibility to electrostatic discharge.

3.10 Electrical or Fire Protection Equipment, Material, and

Systems All electrical or fire protection equipment, material, and systems delivered to BNL must be certified, listed, or labeled by a Nationally Recognized Testing Laboratory (NRTL). The CE mark is NOT a recognized NRTL certification mark. (For a listing of OSHA-recognized NRTLs, refer to http://www.osha.gov/)

For electrical or fire protection equipment, material, and systems which no NRTL accepts, certifies, lists, labels, or otherwise determined to be safe, the Supplier must determine the equipment to be safe for its intended use. The determination must be made on the basis of test data. The determination and test data documents must be made available to BSA prior to or upon delivery for review and acceptance by the applicable BSA Authority Having Jurisdiction

(AHJ).

In accordance with 29 CFR 1910.147(c)(2)(iii) whenever new machines or equipment are provided with energy isolating devices, those devices must be designed to accept a lockout device.

3.11 Hoisting & Rigging Equipment

All hoisting & rigging equipment used at BNL must meet the requirements of the latest applicable OSHA Regulations and ASME B30 Series standards for design, construction, markings, and proof load testing.

When proof load testing is required by the standards, a certificate must be provided upon delivery documenting the proof test.

3.12 Deleted

3.13 Powered Machine Shop Equipment

All powered machine shop equipment (e.g., lathe) delivered to BNL must meet the requirements of the latest applicable OSHA 1910 Regulations (e.g., part subpart O). Equipment purchased must include an integrated NFPA 79 compliant emergency stop and an anti-restart device.

3.14 Vehicle-Mounted Elevating and Rotating Aerial Devices

All vehicle-mounted and rotating aerial devices equipment used at BNL must meet the requirements of ANSI A92.2.

3.15 Self-propelled Elevating Work Platform Equipment

All self-propelled elevating work platform equipment (e.g., scissor lift) used at BNL must meet the requirements of ANSI A92.6.

3.16 Manually Propelled Elevating Aerial Platform Equipment

All manually propelled elevating aerial platform equipment used at BNL must meet the requirements of ANSI 92.3.

3.17 Boom Supported Elevating Work Platform Equipment

All boom supported elevating work platform equipment used at BNL must meet the requirements of ANSI 92.5.

3.18 Powered Industrial Trucks and Attachments

Powered industrial trucks (e.g. forklifts, hi-lows) must meet the requirements of the ANSI/ITSDF B56 series for design, construction, markings, and test loading. Industrial truck attachments must be approved by the truck manufacturer and supplied with an attachment data plate indicating the new truck capacities.

3.19 Used Industrial Equipment

For used industrial equipment (e.g. scissor lifts, fork lifts, etc.), a Certificate of Conformance as defined in clause 4.16, must be provided as objective evidence and must additionally state that all maintenance and manufacturing alerts have been screened and all required repairs and improvements have been completed. The Supplier must provide records of the last year of maintenance.

3.20 Global Harmonized System Compliance

The supplier of chemicals must deliver the chemical in full compliance with the Department of Labor, Occupational Safety & Health Administration (OSHA)’s Globally Harmonized System (GHS) Hazard Communication Standard (29CFR1910.1200), available at:

https://www.osha.gov/dsg/hazcom/HCSFinalRegTxt.html

All hazardous chemicals delivered to BNL must be accompanied by an GHS Safety Data Sheets (SDS) with the format and content specified in 29CFR1910.1200. For information on the GHS SDS see OSHA Brief- Hazard Communication Standard: Safety Data Sheets Publication 3514 available at:

https://www.osha.gov/Publications/OSHA3514.pdf

All hazardous chemicals delivered to BNL after 12/01/2015 must have a label with the elements specified in 29CFR1910.1200 [product identifier; pictograms; signal words; hazard statement(s);

precautionary statement(s); and manufacturer, importer, or distributor’s name, address, and telephone number]. For information on the GHS label, see OSHA Brief- Hazard Communication Standard: Labels and Pictograms Publication 3636 available at:

https://www.osha.gov/Publications/OSHA3636.pdf

3.21 Age/Shelf Life and Storage Control

The Supplier must have an effective storage and age control system for items where acceptability is limited by the age or manner of storage of the item. The system must include a method of identifying the expiration date on the containers in which material is delivered to the Buyer. Special handling conditions must be recorded on certifications and shipping documents covering the material delivered to the Buyer. At the time of receipt, the material must not have less than three-quarters of its shelf life remaining, without prior written approval from the Buyer for each shipment.

3.22 Product Recalls/Product Bulletins/Safety Alerts

https://www.energy.gov/ehss/corporate-reporting-analysis/databases/suspectcounterfeit-and-defective-items https://www.energy.gov/ehss/corporate-reporting-analysis/databases/suspectcounterfeit-and-defective-items http://www.osha.gov/ https://www.osha.gov/dsg/hazcom/HCSFinalRegTxt.html https://www.osha.gov/Publications/OSHA3514.pdf https://www.osha.gov/Publications/OSHA3636.pdf

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Any and all product recall alerts, product bulletins, or safety alerts must be communicated by email directly to ProductRecallAlert@BNL.gov. Provide the Purchase Order Number(s) and names of purchasers with notification to assist BNL in locating and identifying the subject material.

mailto:ProductRecallAlert@BNL.gov

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4.0 SPECIAL REQUIREMENTS

The following Special Requirements are applicable only when specified in the procurement documentation or as indicated by check mark hereon. These Requirements can be modified as required.

INSTRUCTIONS: Since sub-clauses (e.g., 4.4.1) are tied to the main clause (e.g., 4.4), the requirements of the main clause will apply by default whenever any sub-clause is selected (regardless of whether the main clause was selected/checked).

4.1 Quality Assurance Program or Manual

The Supplier must submit a copy of their Quality Assurance Program or Manual with their proposal for review and evaluation.

Suppliers providing A1/A2 but without a quality system compliant with NQA-1, i.e., Commercial Grade Supplier, must follow applicable Commercial Grade Dedication Instructions as defined in the SOW.

OR

Supplier must utilize the QA Program audited and approved by BNL.

4.2 Configuration Control System

The Supplier must establish and maintain a system to assure that all end items (including spares) are of the proper configuration, and that all approved configuration changes are incorporated at the specified effectivity points. Records must be maintained to verify the configuration of each item.

4.3 Process Sheets, Travelers, etc.

The Supplier must maintain a system of process sheets, shop travelers, or equivalent means to define the sequence of manufacturing, inspection, installation and test activities to be performed. Flow sheets, or equivalent, must be provided for sign-off by designated inspection personnel at specified inspection and test points, including, as required, re-inspection and re-test points, to assure completion as well as proper sequencing of required operations.

4.4 Manufacturing/Inspection/Test Plan

Sixty (60) calendar days prior to performance of work, the Supplier must submit for the Buyer’s approval a Manufacturing/Inspection/ Test Plan for the item(s) to be produced. Once approved, changes/ revisions must be approved by the Buyer prior to implementation.

The Plan must satisfy one or more of the following as selected:

4.4.1 Identification of parts and subassemblies showing

integrated flow into end item(s).

4.4.2 Identification of critical manufacturing operations, as well as inspection and test checkpoints.

4.4.3 The Plan may be a single document, or may make use

of existing “travelers,” or other suitable planning and control documents.

4.5 “Witness” Points

The Buyer reserves the right to designate selected manufacturing, inspection, and/or test operations as “witness” points. The Supplier must provide the Buyer with five (5) working days notice in advance of reaching such witness points during the manufacturing and test cycle of each item. For nuclear facility applications (NQA-1), witness points are required when Source Inspection is invoked. (see Clause 4.14)

4.6 Test and Inspection Procedures

Test and inspection procedures required to demonstrate satisfactory completion of requirements must be prepared by the Supplier and submitted to the Buyer for approval sixty (60) calendar days prior to use of such procedures. Once approved, changes/revisions must be approved in writing by the Buyer prior to implementation.

4.7 Special Processes

Processes (e.g., welding, brazing, bonding, plating, chemical machining, chemical coating, chemical cleaning, precision cleaning, heat treating, or waste processing) that either cannot be verified non-destructively or require a unique (special) non-destructive test/inspection (e.g., radiographic inspection, ultrasonic testing, pressure leak testing) must be performed in accordance with detailed written procedures. These procedures must specifically describe the exact manner in which the processes are to be performed.

Additionally, the following requirements apply as selected:

4.7.1 Copies of special process procedures must be made

available on request for review by the Buyer’s representative.

4.7.2 At least sixty (60) calendar days prior to use on items deliverable to the Buyer, the Supplier must submit to the Buyer copies of all applicable process procedures for review and approval. Revisions or changes to Buyer-approved special process procedures must be submitted to the Buyer for review and approval prior to implementation.

4.7.3 Qualification of Procedures, Facilities, Equipment

and Personnel

The Supplier must, prior to use, qualify the procedures/specifications, facilities, equipment and personnel that will be used for the performance of special processes. Only those personnel who have been qualified to perform a specific special process must be used to perform that process. Records of such qualification must be available to the Buyer’s representative upon request.

4.8 Qualification of Procedures, Facilities, Equipment

Superseded by Sub-clause 4.7.3

4.9 Qualification of Special Process Personnel

Superseded by Sub-clause 4.7.3

4.10 End-Item Documentation Package

The Supplier must provide a documentation package for each shipment of the item(s) supplied, which consists of objective evidence of compliance with PO requirements. This documentation package must be complete, legible, indexed, and traceable to the item supplied. Additionally, the following requirements apply as selected:

4.10.1 Copies of reports of all required or necessary

inspections, examinations and tests, properly validated by the Supplier’s authorized personnel.

4.10.2 A listing of the as-built configuration of

each delivered item; this may be defined by the use of drawing numbers and revisions, unique parts lists or other such means of positive identification.

4.10.3 Copies of nonconformance reports dispositioned as

“rework/repair” or “use-as-is”, and all BSA approved deviation/waivers.

4.10.4 Copies of material test certificates for specified

materials, showing physical and chemical properties.

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4.10.5 – Superseded by Clause 4.16

4.11 Release for Shipment

The documentation package required in Clause 4.10 must be approved by the Buyer’s representative prior to release of the item for shipment.

4.12 Shipment of Documentation Package to Buyer

Three (3) copies of the documentation package required in Clause

4.10 must be shipped to the Buyer with or prior to each shipment of the purchased items.

4.13 Failure Reporting, Analysis and Corrective Action

The Supplier must maintain a failure reporting, analysis and corrective action system that must, at a minimum, evaluate, analyze and correct failures occurring during qualification, first article and end-item acceptance testing and inspection. The results of all failure evaluations and analyses must be documented and available for review by the Buyer.

4.14 Source Inspection/Verification

Ite…