Enclosure 1 - Draft Contract 454001.pdf

Rev. 5.2 Feb 2018 1

Buyer Amount Contract Number Ben Furlow $ 454001

BROOKHAVEN NATIONAL LABORATORY

BROOKHAVEN SCIENCE ASSOCIATES, LLC

P. O. Box 5000

UPTON, L.I., N.Y. 11973-5000

Name and Address of Contractor

CONTRACT

This Contract (the “Contract”) is between the party named above (the “Contractor”), and Brookhaven Science Associates, LLC (“BSA”), the latter acting under a Prime Contract with the United States of America (the “Government”) represented by the United States Department of Energy (“DOE”):

I. Scope of Work: The Contractor shall assist BSA by providing field activity oversight services per the statement of work noted in Attachment A.

All work shall be conducted in accordance with the attached BSA Statement of Work entitled “Scope of Work for Field Activity Oversight Services”, dated August 2024.

II. Period of Performance: This Contract shall be effective on November 1, 2024 and remain in effect until October 31, 2026.

BSA will have the unilateral option to exercise three (3) additional one-year terms at the pricing established in Section III of this contract.

III. Ceiling Amount, Compensation, Limitation of Costs and Payment:

A. Ceiling Amount: The ceiling amount of this Contract is _______________ Dollars ($0.00). The Contractor shall not be reimbursed in excess of this amount without written authorization from BSA's Procurement and Property Management Division.

B. Compensation:

B.1. Labor: The Contractor shall be compensated at the fully burdened rates as follows:

November 1, 2024 to October 31, 2025

Personnel Hourly Rate

TBD

Rev. 5.2 Feb 2018 2

November 1, 2025 to October 31, 2026

November 1, 2026 to October 31, 2027

November 1, 2027 to October 31, 2028

November 1, 2028 to October 31, 2029

The Contractor may use any position listed above that is deemed necessary by BSA's

Technical Representative to accomplish the requirements. The Contractor's efforts hereunder shall not exceed the funding amount in Paragraph A above.

Materials/Equipment: For any necessary materials or equipment approved by the BSA

Technical Representative in support of the work, the Contractor shall be reimbursed at actual incurred cost plus 5%. Invoices must accompany any charges.

C. Payment: BSA will pay the Contractor monthly upon receipt and approval of properly certified invoices that sets forth the total number of hours worked, by labor category, during the previous month.

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

Electronic invoice submittal is preferred by BSA. The Contractor shall make every effort to have systems in place that allow for electronic invoice transmittal. Invoices shall be submitted in PDF format, via e-mail, to apinvoices@bnl.gov.

Hard copy invoices, in duplicate, shall be directed to BSA's Accounts Payable Section, Contracts Division, Bldg. No. 400d.

The Contractor shall indicate the final invoice by clearly marking such invoice as "FINAL". A copy of the final invoice must be submitted to BSA’s Contractual Representative.

Rev. 5.2 Feb 2018 3

Payment terms are Net 30.

IV. Authorized Representatives:

A. BSA’s Technical Representative: ____________ of the __________, located in Building __________ is BSA’s Technical Representative, hereunder. (He/She) shall act as liaison between BSA and the Contractor in technical matters only. (He/She) can be reached at ________ (phone), __________ (e-mail).

B. BSA’s Contractual Representative: Ben Furlow, telephone no. 631-344-4070, bfurlow@bnl.gov (e-mail), is BSA's Contractual Representative. Any change or modification in the terms and conditions of this contract shall require the written approval of BSA's Procurement and Property Management Division’s Manager, or his designee.

C. Contractor’s Technical Representative: ________ is the Contractor’s authorized Technical

Representative, hereunder. (He/She) shall act as point of contact between BSA and the Contractor in technical matters only. (He/She) can be reached at ________(phone), _____(e-mail).

D. Contractor’s Contractual Representative: ______________is the Contractor’s authorized

Contractual Representative, hereunder. (He/She) shall act as liaison between BSA and the Contractor. (He/She) can be reached at _______(phone), ____________(e-mail).

V. Contract Close-Out Requirements: In accordance with this Contract, and in order to comply fully with all applicable cost articles as contained in Attachment A, the Contractor shall complete and submit the following: Contractor’s Release

VI. Service Contract Act Requirements and Collective Bargaining Agreements:

The Service Contract Act applies to this contract. This contract incorporates herein and by reference FAR 52.222-41 Service Contract Act and the Service Contract Act in its entirety. The wage determination for this effort is as described in Wage Determination Number 2015-4157 dated 07/22/2024 (Rev.25), which is attached hereto and made a part herein. All provisions of the Service Contract Act must be adhered to (i.e. Health and Welfare, Vacation, Holidays, etc.) for all applicable labor categories that are not covered by a valid collective bargaining agreement (CBA). The Contractor shall pay, at a minimum, the wage rates and fringes to their employees, and is responsible for ensuring that subcontract employees are similarly paid. Work classifications, wage rates and fringes must be in accordance with the Service Contract Act wage determination requirements for all applicable labor categories that are not covered by a valid

CBA.

The Contractor is responsible for adhering to the terms of any collective bargaining agreements

(CBA) in place for utilized labor categories. As noted above, in the event a CBA is in effect for a covered labor classification, it shall take precedence over the aforementioned Wage Determination.

VII. Additional Terms:

mailto:bfurlow@bnl.gov

Rev. 5.2 Feb 2018 4

The provisions of Brookhaven Science Associates, LLC General Terms and Conditions for Commercial Items and Services, (Rev. 22.0, September 2022) are incorporated herein and made a part hereof.

The provisions of Brookhaven Science Associates, LLC Supplemental Terms and Conditions for Work by Contractors on Site at Brookhaven National Laboratory (Rev. 22.0, September 2022) are incorporated herein and made a part hereof.

This Contract is issued pursuant to Brookhaven Science Associates General and/or Supplemental terms and conditions listed above which are incorporated herein by reference. The complete text of these terms and conditions can be viewed via the internet at: http://www.bnl.gov/ppm/terms-and-conditions.php. Should the Contractor have any questions and/or not have access to these terms and conditions, contact the buyer or contracts specialist immediately.

The following documents attached hereto and made a part hereof, contain additional provisions of this contract:

- Attachment A - Statement of Work

- Attachment B - BNL-QA-101

- Attachment C - Wage Determination

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

ACCEPTED:

CONTRACTOR BROOKHAVEN SCIENCE ASSOCIATES, LLC.

By: By:

Title: Title:

Date: Date:

Two copies of this Contract, executed by Brookhaven have been provided. Should you accept this Contract without exception or alteration, one copy of the Contract executed by both parties shall be returned to Brookhaven's Contractual Representative. Should you take any exceptions or attempt to alter the Contract in any manner, Brookhaven's execution thereof shall be null and void. Should you wish to take exception(s)/alteration(s), you shall notify Brookhaven's Contractual Representative. Brookhaven will consider the requested exception(s)/alteration(s) and notify you accordingly. No Contract shall exist unless and until such differences are resolved.

http://www.bnl.gov/ppm/terms-and-conditions.php http://www.bnl.gov/ppm/terms-and-conditions.php