Enclosure 1 - Draft Contract 457644.pdf

Rev. 9.4, February 2018 1

Buyer Amount Contract Number Ben Furlow ---- 457644

BROOKHAVEN NATIONAL LABORATORY

Brookhaven Science Associates

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

a) The Contractor shall assist BSA by refurbishing/rebuilding BSA provided modulator tubes as noted in detail below:

Project Title: C-AD 200 MEV Linac RF System Hard Tube Modulator Rebuild

Overview: The Contractor will be responsible for remanufacturing BSA provided tubes to original manufacturer specifications.

1) All tubes will be remanufactured to meet the original Machlett and Eimac Specifications supplied by BSA as noted in Section V – Government Property of this Contract.

2) Ion Getter Pumps described in the ML 8618 Specification are no longer in use and are not to be installed

3) Tube socket, water jacket and anode magnet for the ML 8618 will be supplied at Contractor’s request and shipping expense

4) Tube socket for the 4CW25000 will be supplied at Contractor’s request and shipping expense

5) Only eight Pre-engineered shipping cartons for the 8618 are available at BNL. Dud tubes will be shipped back in a first shipment of eight. Then followed with the remainder of 7 after BNL receipt of the first shipment. Sufficient shipping boxes are available for the 4CW 25000’s

6) Contractor will notify the BNL Contracting Representative and Technical Representative

DRAFT

Rev. 9.4, February 2018 2 as soon as possible if delivery is delayed for more than 120 days.

b) Tube description and quantity:

- ML 8618, Quantity: 15

- 4CW-25000A, Quantity: 4

All work shall be conducted in accordance to the above and remanufactured/rebuilt to manufacturer specifications as provided in Attachments B and C.

II. PERIOD OF PERFORMANCE:

This Contract shall be effective as of the date executed by BSA provided that the Contractor executes the Contract without exception or alteration. It shall remain in effect through

III. FIRM FIXED PRICE AND PAYMENT

A. Firm Fixed Price: In full consideration of the Contractor's performance hereunder BSA shall pay the Contractor the firm fixed price of _____________ US Dollars ($0.00). The said sum shall constitute full compensation for all services and materials furnished hereunder.

B. Payment: Payment will be made upon receipt and approval of properly certified invoices.

Payment terms are Net 30.

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.

C. Freight: Freight terms shall be: FOB BSA National Laboratory, 98 Rochester

Street, Upton, Long Island, New York for all North American Shipments. Freight Prepaid. “DAP” Delivered At Place, BSA National Laboratory, 98 Rochester Street, Upton, Long Island, New York for all overseas/foreign shipments.

D. Shipping and Labeling: Unless otherwise specified, standard Shipping

Rev. 9.4, February 2018 3

Instructions apply. Standard Shipping Instructions are provided athttp:/www.bnl.gov/ppm/linkable_files/pdf/ShippingInstructions.pdf.

Two (2) weeks prior to delivery of all items the contractor shall contact BSA as to the type of freight carrier that will be used.

Delivery Hours:

All deliveries must arrive at BSA National Laboratory (BNL), at the above address, Building 98 between the hours of 8:00 am to 11:45 am or from 12:30 pm to 4:00 pm EST, Monday through Friday. Any delivery outside normal delivery hours will NOT be accepted unless advanced notification was provided and arrangements were made through Receiving (631-344-2310, 631-344-4336, or 631-344-2300 or via email at: PPMTraffic@BNL.gov).

Special Notification of Delivery:

Advanced Notice, within 72 hours of expected delivery to BNL, shall be provided by the supplier or shipper to BSA’s Receiving department either by telephone at:

631-344-2310, 631-344-4336, or 631-344-2300, OR via email at:

PPMTraffic@BNL.gov due to weight, size, and/or volume parameters of the end item(s) requiring special material handling/rigging by BSA personnel. Failure to contact BSA will result in delays during delivery and demurrage will be at the supplier’s/shipper’s expense.

Package Labeling Requirements:

All packages delivered to BNL must be labeled with the complete Purchase Order/Contract Number as a minimum. Each shipping container (transport package) with a gross weight equal to or greater than 400 pounds (180 kilograms) must be marked with the center of gravity and gross weight on at least one side, or end panel in addition to meeting the requirements of the latest revision of ASTM Standard D 3951-98, Standard Practice for Commercial Packaging. This applies to any item shipped (originally packaged or repackaged) to BNL or other locations cited in the purchase order or contract.

IV. AUTHORIZED REPRESENTATIVES

A. BSA’s Technical Representative: Vincent Lodestro is BSA's Technical Representative, hereunder. He shall act as liaison between BSA and the Contractor in technical matters only. He can be reached at 631.344.5005 (phone), lodestro@bnl.gov (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

DRAFT

http://www.bnl.gov/ppm/linkable_files/pdf/ShippingInstructions.pdf mailto:PPMTraffic@BNL.gov mailto:lodestro@bnl.gov mailto:bfurlow@bnl.gov

Rev. 9.4, February 2018 4 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. GOVERNMENT PROPERTY

In support of the Contractor’s work hereunder, BSA has provided to the contractor on a temporary basis the following Government Owned Property/Government Furnished Material:

1) Description: 4CW-25000A, Quantity: 4

2) Description: ML 8618, Quantity: 15

The Contractor shall maintain adequate property controls in accordance with the Article entitled, “Government Property” of the General Terms and Conditions of this contract.

VI. ADDITIONAL TERMS

The provisions of Brookhaven Science Associates, LLC General Terms and Conditions for Commercial Services (Rev 22, 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.

Special Warranty Provision: Contractor will provide a minimum 1800 hour unconditional warranty on tube performance. Warranty starts when the tube is placed into service regardless of purchase date.

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

- Attachment A: BNL-QA-101

- Attachment B: 4CW-25000A_Spec

- Attachment C: ML8618_Spec

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

ACCEPTED:

CONTRACTOR BROOKHAVENSCIENCE

ASSOCIATES, LLC.

Rev. 9.4, February 2018 5

By: By:

Name: Name: Ben Furlow

Title: Title: Sr. Contracts Specialist

Date: Date:

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