Enclosure 1 - Draft Basic Ordering Agreement.pdf

BROOKHAVEN NATIONAL LABORATORY

BROOKHAVEN SCIENCE ASSOCIATES, LLC

P.O. Box 5000

UPTON, N.Y. 11973-5000

Company Name Address 1 Address 2 Zip Code

BASIC ORDERING AGREEMENT NO. 472268

MECHANICAL SERVICES

This is an agreement made as of the date set forth above, between TBD (Contractor) and Brookhaven Science Associates, LLC (BSA) the latter acting under Prime Contract with the United States of America (Government) represented by the United States Department of Energy (DOE), to operate the Brookhaven National Laboratory (BNL). This Basic Ordering Agreement (BOA) is issued to simplify and expedite the purchase of the items or services specified in Section I - "Scope of Work."

I. Scope of Work (SOW):

Furnish all labor, services, materials, tools, and equipment required to perform a variety of assigned mechanical work as required on various projects throughout the BNL site. The Contractor shall provide labor, materials and equipment that meet all requirements and qualifications as delineated in the enclosed Technical Specification, dated 12/29/2025 (Attachment 1) and BNL-QA-101, dated April 2025 (Attachment 2). BSA shall furnish the Contractor with such instructions, drawings, schedules, and supplementary specifications as it deems necessary to perform assigned work.

II. Ceiling Amount:

This BOA is one of multiple BOAs awarded by BSA. Collectively, all awarded BOAs will share an estimated aggregate ceiling of $20,000,000.00 if all options are exercised. The total value of Task Orders issued across all BOAs will not exceed this aggregate ceiling.

For administrative purposes, each individual BOA will be assigned a ceiling amount; however, this does not guarantee or infer that the Contractor will receive any Task Orders.

III. Obligation of Funds No funds are being obligated under this Agreement. BSA is not obligated to release any funds or issue any Task Orders under this Agreement. Each awarded Task Order will be fully funded at the time of award. Project schedules and proposals shall be based upon this funding profile.

IV. Period of Performance:

The agreement shall be effective on the date executed by both parties and shall remain in effect until TBD, with four (4) one (1) year renewal options to extend. These renewable options are exercised at the discretion of BSA by a Modification to this Agreement.

V. Task Orders:

A. Task Orders under this Agreement may be issued only by BSA, through its Procurement and Property Management (PPM) Division. Task Orders shall be authorized through the issuance of a Firm Fixed Price (FFP) Task Order in accordance with Attachment 3, Schedule of Unit Rates.

B. For each Task Order, PPM will send the Contractor a request for a Task Order proposal, Statement of Work and all necessary data to propose costs based on the established rates provided in the

Basic Ordering Agreement No. 472268

Schedule of Unit Rates. Within five (5) days after receipt of data or the date specified in BSA’s request, the Contractor shall return it to BSA indicating a FFP.

C. Task Order fixed prices shall be developed based on the units of scope multiplied by the appropriate billing rate from the Schedule of Unit Rates.

D. Each Task Order issued under this Agreement shall become a binding contract upon issuance of the Task Order by PPM and written acceptance by the Contractor, or upon commencement of performance by the Contractor, whichever occurs first.

E. BSA will determine the method of Task Order placement, including rotation, mini-competition, or selection based on technical qualifications, as appropriate for the requirement. BSA will provide all BOA holders with a fair opportunity to be considered for Task Orders unless an exception applies.

F. Upon Task Order award the following is required prior to issuance of a Notice to Proceed:

a. Task Orders over $35,000 up to and including $150,000

i. The Contractor shall furnish a payment bond in accordance with the terms and conditions of this Agreement.

ii. In addition to the payment bond, the Contractor shall provide alternative payment protections as identified in 48 CFR 28.102-1(b), giving particular consideration to the inclusion of an irrevocable letter of credit as a selected alternative.

b. Task Orders exceeding $150,000

i. The Contractor shall furnish a performance bond and payment bond in accordance with the terms and conditions of this Agreement.

ii. For Task Orders subject to this paragraph (b), alternative payment protections described in paragraph (a) are not required.

G. Awards under this BOA will be issued as Task Orders that incorporate the provisions of the BOA by reference.

H. After BSA approval of the items noted above, BSA will notify the Contractor to proceed. The

Contractor shall start work no later than two (2) working days or otherwise as directed after receiving a Notice to Proceed from BSA.

I. After being notified that the Task Order is complete, BSA will field inspect the work to determine if it fully complies with the Task Order. In the event the task is not found to be in compliance, the Contractor shall repair or replace in whole or in part all work not in compliance at no charge to

BSA.

J. Final acceptance of the task shall occur when approved by BSA’s Technical Representative.

K. During the term of this Basic Ordering Agreement, BSA may authorize multiple Task Orders and shall expect the Contractor to perform work on multiple tasks concurrently.

L. The Contractor shall demonstrate the ability to provide timely and responsive support for issues arising on active projects. The Contractor shall maintain appropriate supervisory and technical personnel who can be contacted during normal working hours and shall acknowledge and correct all requests from BSA concerning active project issues within the same day. When an issue requires on-site support, either after hours or on weekends for the contractors work area, the Contractor shall have the capability to mobilize appropriate personnel and have them on site (at BNL) within two

(2) hours of notification, when requested by BSA

VI. Compensation, Schedule of Unit Rates and Payment:

A. Compensation: The Contractor shall be compensated for the services performed at the unit rates or fixed price authorized in the individual task order(s).

B. Schedule of Unit Rates:

1. The Contractor is bound by the maximum unit rates identified in Attachment 3 for Task

Orders, changes, equitable adjustments and/or termination settlement.

2. The Contractor's compensation for services rendered hereunder shall be proposed/calculated in accordance with Attachment 3 - Schedule of Unit Rates. No additional compensation will be allowed for travel, subsistence, or lodging.

3. Unit rates shall be all inclusive, covering all labor, equipment, tools, supervision, insurance, overhead, and profit, so that the number of hours may be multiplied by the appropriate Unit Rate to determine a fixed price without the addition of other factors.

All unit rates shall be firm for the BOA unless otherwise modified by the Procurement and Property Management (PPM) division.

4. All Unit rates must be inclusive of the required minimum hourly Construction Wage Rate Requirements Statute wage rates plus applicable fringe benefits for work performed in Suffolk County (Attachment 4).

C. Payment:

1. Payment will be made upon receipt and approval of properly certified invoices. Lien

Waivers associated with each payment period from the Contractor and lower tier Subcontractors must be attached to submitted invoices. Invoices shall be directed to BSA’s Accounts Payable Section via electronic mail. Invoices shall be submitted in PDF format, via email, to apinvoices@bnl.gov and PPMConstruction@bnl.gov. Payment terms shall be Net 10 days for Small Business.

2. Invoices must indicate the Basic Ordering Agreement name, Purchase Order number and Task Order number. In addition, the Contractor shall indicate the final invoice for a Task Order by clearly marking such invoice as “Final.”

3. Certified payrolls at all tiers shall identify the Contract number (aka BOA No.) and shall be submitted via the BSA’s LCPtracker automated software. Please note that there is no charge to the Contractor for use of this software. Initial setup and assistance concerning the certified payroll system may be addressed to PPMConstruction@bnl.gov.

4. Upon completion of each Task Order the Contractor shall submit a “Final Release of Claims” (Attachment 5) against BSA and the Government arising out of or in any way mailto:apinvoices@bnl.gov file://bnlnt2/contractfiles/Construction%20Group/RFPs%20(pre-req)/Joe/RFP%20-%20472266%20-%20New%20Carpentry%20TOA%20(Ogeka)/B.%20Solicitation/Enclosure%201%20-%20draft%20TOA/PPMConstruction@bnl.gov mailto:PPMConstruction@bnl.gov connected with this Agreement or work provided for herein, other than such claims, if any, as the Contractor may specifically except from the operation of the release in stated amount to be set forth therein. This form must be attached to the final invoice of each Task Order in order for that invoice to be processed.

VII. Authorized Representatives:

A. Contractor’s Technical Representative: TBD is the Contractor’s authorized Technical

Representative, hereunder. The Technical Representative shall act as liaison between BSA and the Contractor in technical matters only. Contractor Technical Representative can be reached at TBD (Telephone No), TBD (e-mail).

B. Contractor’s Contractual Representative: TBD is the Contractor’s authorized Contractual

Representative, hereunder. The Contractual Representative shall act as liaison between BSA and the Contractor. The Contractor Contractual Representative can be reached at TBD (Telephone No.), TBD (e-mail).

C. BSA Technical Representative: TBD of the Modernization Project Office (MPO), located in

Building 555 is the Technical Representative, hereunder. The BSA Technical Representative shall act as liaison between BSA and the Contractor in technical matters only. They can be reached at TBD (Telephone No.), TBD (e-mail).

D. BSA Contractual Representative: Stephen Johnston Telephone No. (631) 344-5742, or sjohnston@bnl.gov, is BSA’s Contractual Representative. Any change or modification in the terms and conditions of this Agreement shall require the written approval of BSA's Procurement and Property Management Division’s Manager, or his designee.

VIII. Construction Wage Rate Requirements Statute and Copeland Act:

This is a Prevailing Wage Contract. The applicable wage determination number is: NY20260012, Modification #2, dated 05/18/2026 (Attachment 4). The Contractor and all subcontractors shall pay at a minimum the Construction Wage rate to their employees. Work classifications and wage determinations must be in accordance with these requirements. If appropriate title/wage is not listed, the Contractor must complete Standard Form 1444 – Request For Authorization Of Additional Classification and Rate (https://www.gsa.gov/system/files/2026-03/SF1444-23b.pdf) and submit it to BSA’s Contractual Representative to obtain a Department of Labor determination of the appropriate wage rate.

The wage determination (including any additional classifications) and the Construction Wage Rate Requirements (formerly Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

BSA will make periodic site visits to interview individual workers to ensure the requirements of the Construction Wage Rate Requirements Statute are being met. Article 49 titled “Labor Standards” of BSA General Terms and Conditions for Construction and Labor Hour Agreements covers the labor aspects of this Contact.

Certified Payroll reports and a Statement of Copeland Act (Anti-Kickback) Compliance must be submitted to BSA for both the Contractor’s own work force and that of all lower-tier subcontractors.

https://www.gsa.gov/system/files/2026-03/SF1444-23b.pdf

IX. Required Submittals:

A. Basic Ordering Agreement:

Within fourteen (14) days after receipt of award, the Contractor shall furnish an executed copy of the Basic Ordering Agreement.

B. Statement and Acknowledgement (SF-1413):

Within fourteen (14) days after receipt of award, and prior to issuance of the Notice to Proceed, the Contractor shall complete the Statement and Acknowledgement Form (SF-1413) (https://www.gsa.gov/system/files/2025-05/SF1413-23a.pdf) and submit it to BSA’s Contractual Representative.

C. Insurance:

Within fourteen (14) days after receipt of award, the Contractor shall submit Certificates of Insurance with the coverage indicated in the clause titled “Insurance” of the BSA General Terms and Conditions for Construction and Labor Hour Agreements, Rev. 25.0 (SEP 2026). The certificate must show that BSA and the U.S. Government are named as additional insured and that the insurance carrier will give BSA thirty (30) days prior written notice in the event of cancellation or material change in the policy.

D. Health and Safety Plan (HASP):

Within fourteen (14) days after receipt of award, the awarded Contractor will be required to complete and submit the “Contractor’s Compliance Letter” to confirm that the Contractor’s work will conform to the applicable requirements in the BNL Health & Safety Plan for Construction Contractors, Revision Number: 17.0. The HASP (and other Safety Requirements for a Safe Workplace) can be found at the following website:

https://brookhavenlab.sharepoint.com/:f:/s/External_SBMS/EhuIza- BMgFErjgJIZxqVQkBb4aiTjBLlCgn3-hGZE6rew?e=IFBgEf.

As stated in the HASP, Contractors will be required to submit a detailed JOB HAZARD ANALYSIS OR SAFE WORK PLAN (as specified in Section 7) for each task order issued to them.

The Code of Federal Regulations 10 CFR 851 “Worker Safety and Health” applies to BSA and all its contractors and sub-tier contractors. The Health and Safety Plan meets the requirements specified in that regulation. For further information or assistance concerning the Health and Safety Plan contact William Van Wart at (631) 344-6333 (phone), or wvanwart@BNL.gov (email).

Submission and acceptance of the Executed Basic Ordering Agreement, SF-1413, Certificates of Insurance, and Contractor’s Compliance Letter are prerequisites for receiving Task Order solicitations.

E. Task Order Releases and Bonding Requirements Prior to the authorization of a Purchase Order for a Task Order release equal to or above $35,000, the Contractor shall furnish an executed copy of a Payment Bond, AMS-Form-025 (Attachment 6) in the amount of the corresponding Task Order. Prior to the authorization of the Purchase Order for a Task Order release equal to or above $150,000, the Contractor shall furnish an executed copy of a Performance Bond, AMS-Form-024 (Attachment 7) and Payment Bond (AMS-Form-025) in the amount of the corresponding Task Order. Article 46 titled “Performance and Payment Bond Requirements” of BSA General Terms and Conditions https://www.gsa.gov/system/files/2025-05/SF1413-23a.pdf https://brookhavenlab.sharepoint.com/:f:/s/External_SBMS/EhuIza-BMgFErjgJIZxqVQkBb4aiTjBLlCgn3-hGZE6rew?e=IFBgEf https://brookhavenlab.sharepoint.com/:f:/s/External_SBMS/EhuIza-BMgFErjgJIZxqVQkBb4aiTjBLlCgn3-hGZE6rew?e=IFBgEf mailto:wvanwart@BNL.gov for Construction and Labor Hour Agreements, Rev. 25.0 (SEP 2026), describes the bonding requirements in more detail. Only this form will be acceptable. Only the bond of a surety company holding a certificate of authority from the Secretary of the Treasury will be accepted by BSA. The names of acceptable surety companies may be found at:

https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html .

Notice to Proceed (NTP) for a Task Order will not be issued until the required bonds and any applicable alternate payment protections have been received and accepted. The NTP must be issued by BSA’s Contractual Representative or Technical Representative before any on-site construction activities may commence.

X. Tax Exemption:

This Agreement will not be subject to New York State Sales and Use Taxes. BSA’s Exempt Organization Certification Number is 216880.

XI. Additional Terms:

The provisions of BSA General Terms and Conditions for Construction and Labor Hour Agreements, Rev. 25.0 (SEP 2026) are incorporated herein and made a part hereof.

The provisions of BSA Supplemental Terms and Conditions for Work by Contractors On Site, Rev. 25.0

(SEP 2026) are incorporated herein and made a part hereof.

These Terms and Conditions can be accessed and printed at: https://www.bnl.gov/ppm/terms-and-conditions.php.

This Agreement does not bind nor purport to bind the United States Government.

Attachments:

1. Technical Specifications dated 12/29/2025

2. BNL-QA-101 (Apr 2025)

3. Schedule of Unit Rates

4. Construction Wage Determination #NY20260012, Mod. 2, dated 05/18/26

5. Final Release of Claims (AMS-Form-031, dated 6/7/24)

6. Payment Bond Form (AMS-Form-025, dated 12/14/20)

7. Performance Bond Form (AMS-Form-024, dated 12/14/20)

ACCEPTED:

TBD BROOKHAVEN SCIENCE ASSOCIATES, L.L.C.

https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html https://www.bnl.gov/ppm/terms-and-conditions.php https://www.bnl.gov/ppm/terms-and-conditions.php

By:

By:

Type:

Type:

Title:

Title:

Date: Date:

The Contractor shall sign and return one (1) copy of this BOA via email to the attention of Stephen Johnston, Procurement and Property Management Division at sjohnston@bnl.gov.