Enclosure 1A-Sample Basic Ordering Agreement.doc

Contract No. __________ Agreement No. _________ boa (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

UChicago Argonne, LLC, an Illinois limited liability company, operator of Argonne National Laboratory (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 _________ organized under the laws of the State of _________ to perform the work set forth under Article I of this agreement and the Contractor is willing to perform such services. The effective date of this agreement is _________.

THEREFORE, the parties mutually agree as follows:

SCHEDULE

ARTICLE I - STATEMENT OF WORK

A.

Scope of Technical Work

The Contractor shall furnish all necessary personnel, equipment, facilities, materials, and services (except as may be furnished by the Laboratory) to perform, in an efficient and expeditious manner, the work described in Appendix "B" - Argonne National Laboratory Statement of Work entitled “Staff Augmentation/Logistics Services”, dated November 30, 2020, attached hereto and hereby made a part of this agreement, all as may be requested by the Laboratory from time to time in accordance with paragraph B. below. In addition, the Contractor shall maintain such technical liaison with the Laboratory's Technical Representative as may be designated by the Laboratory as necessary to accomplish the foregoing work in a timely and effective manner.

B.

Work Orders

1.

The Laboratory shall issue written work orders, in the form attached hereto as Exhibit "A", signed by an authorized Laboratory Procurement Official on behalf of the Laboratory, for any desired work within the scope of technical work set forth in paragraph A. above. Each work order shall contain a statement of work, and shall set forth an estimated period of performance, estimate of total labor hours, estimate of total labor dollars, computer costs, travel costs, and other reimbursable costs, technical reporting requirements, a total ceiling price, and an obligation of funds. Said work orders may also specify the categories of labor to be used and an estimate of the number of labor hours to be used within a specified labor category.

2.

The Contractor shall negotiate in good faith with the Laboratory regarding the items specified in subparagraph 1. above and shall indicate the Contractor's agreement with the work order by signing and returning a copy of the work order to the Laboratory. No work shall begin until a work order is signed by both parties.

3.

In the event that additional labor dollars beyond the total labor dollars initially estimated and set forth in the work order are necessary to complete the work set forth in the work order, the Contractor shall notify the Laboratory in writing and the parties shall negotiate an increase in the total labor hours, total labor dollars, ceiling price, or limitation on the work to be performed as may be necessary. Any agreement revising any of the aforementioned items shall be by bilateral written modification of the work order. Notwithstanding the parties’ bilateral agreement or the provisions of the “Payments” clause in Appendix A, amounts paid for labor dollars in excess of the total labor dollars initially specified in the basic work order shall be at loaded hourly rates, excluding profit as set forth in Appendix "C" which is attached to this agreement pursuant to the provisions of the “Consideration and Allowable Costs” clause in Appendix A; unless a change in the work is directed pursuant to the "Changes" clause in Appendix A.

4.

The parties hereto recognize and agree that the Laboratory has undertaken no obligation to issue any minimum number of work orders to the Contractor under this agreement.

C.

Authority to Obligate the Laboratory The Contractor hereby recognizes that only the authorized Laboratory Procurement Official is authorized to obligate funds under this agreement and, accordingly, the Contractor hereby agrees that notwithstanding its written acceptance of a work order the Contractor shall not initiate performance of said work order until such time as the authorized Laboratory Procurement Official has obligated all or any part of the funds therefore. From time to time the authorized Laboratory Procurement Official may obligate funds or increase the amount of funds obligated under any work order.

D.

Standards of Performance The Contractor shall perform the work set forth in work orders that the Laboratory may issue by using its best efforts and know-how and its performance shall be accomplished in a workmanlike manner by qualified, careful and efficient personnel; also, the Contractor's work shall, at a minimum, accord with high professional standards.

E.

Technical Reports The Contractor shall prepare and submit to the Laboratory and/or distribute, as directed by the Laboratory, such reports concerning technical aspects of said work, in such quantity and form (including detail), and at such times, as may be specified in the work orders issued by the Laboratory or as may otherwise be specified by the Laboratory.

F.

Incidental Work In addition to performing the work set forth in any work order issued under this agreement and/or in paragraph E. above, the Contractor shall perform the incidental contract activities provided for under other Articles of this agreement and, in connection with the close-out of this agreement upon termination, expiration and/or completion of the work set forth in any work order issued under this agreement, the Contractor shall complete the work described in paragraph E. above plus said activities covered by other Articles and, subject to the approval of the authorized Laboratory Procurement Official, shall perform such other close-out work as may be appropriate.

G.

Subcontracts The Contractor shall, when directed by the Laboratory, and may, but only when authorized by the Laboratory, enter into subcontracts or consultant agreements for the performance of any part of the work set forth in any work order issued under this agreement.

ARTICLE II - TERM AND COMPLETION OF WORK ORDER(S)

Work orders under this agreement may be issued, or amended, during the term 05/01/2021 through 04/30/2022, unless this agreement is extended by the Laboratory pursuant to the provisions of the article entitled, “Option”, if applicable, hereof. Any work order issued during the effective term of this agreement and not completed within that period shall be completed by the Contractor within the time specified in the work order(s) and the rights and obligations of the Contractor and the Laboratory respecting that work order shall be governed by the terms of the agreement as fully and to the same extent as if completed during the effective period of this agreement, provided that the Contractor shall not be required to perform any new work under this agreement after the effective term.

ARTICLE III - OBLIGATION OF FUNDS, NOTICES, AND COST INFORMATION

A.

Obligation of Funds - The Laboratory will obligate funds for each work order, and the Contractor shall have no right to transfer obligated funds from one work order to another or transfer or make use of excess funds from one work order to another.

B.

Revisions in Funds Obligated - The amount obligated by the Laboratory with respect to any work order issued under this agreement may be increased unilaterally by the authorized Laboratory Procurement Official by written notice to the Contractor and may be increased or decreased by written agreement of the parties (whether or not by formal modification of the work order) and such revised amounts shall be deemed substituted in the pertinent work order.

C.

Limitation of Obligation - Payments by the Laboratory for any work order issued under this agreement on account of allowable costs described in the “Consideration and Allowable Costs” clause in Appendix A shall not in the aggregate at any time exceed the amount obligated by the Laboratory for said work order.

D.

Notices - Contractor Excused Pending Increase When Work Order Obligation Amount is Reached - When the aggregate of expenditures, outstanding commitments, and liabilities for any work order equals ninety percent (90%) of the obligated amount therefor, the Contractor shall immediately notify the Laboratory. When such expenditures, outstanding commitments, and liabilities equal one hundred percent (100%) of the obligated amount, the Contractor shall immediately notify the Laboratory and shall make no further commitments or expenditures under said work order and shall be excused from further performance with respect to said work order unless and until the authorized Laboratory Procurement Official shall increase the obligated amount for such work order.

E.

Cost Information - The Contractor shall maintain current cost information adequate to reflect the cost of performing the work under any work order issued under this agreement at all times while the work is in progress, and shall prepare and furnish to the Laboratory such written information and reports as the Laboratory may request. The Contractor shall segregate incurred costs for each site, each phase, and each task or major sub-task performed under any work order. The authorized Laboratory Procurement Official or his designee will provide specific site, phase, task or major sub-task information for each work order issued under this agreement.

ARTICLE IV - KEY PERSONNEL

The key personnel referred to in clause Key Personnel of Appendix "A" will be identified in each Work Order issued under this agreement.

ARTICLE V - DELIVERY

A.

All work to be performed under this agreement shall be delivered to the Laboratory, F.O.B. Lemont, Illinois, unless otherwise specified in any work order.

B.

A delivery schedule will be agreed upon at the time each work order is negotiated.

C.

Ship to:

Argonne National Laboratory Building 46

9700 S. Cass Ave.

Lemont, IL 60439

Attention: _________ (Unless otherwise specified in a Work Order)

D.

Ship via:

Most Economical Way - Prepaid

(Unless otherwise specified in a Work Order)

E.

Marking Instructions:

(As specified by Argonne's Technical Representative)

ARTICLE VI - LABORATORY REPRESENTATIVES

A.

The authorized Laboratory Procurement Official is the only person at the Laboratory who is authorized to change the statement of work or any other part of this agreement.

B.

All letters and notices from the Contractor shall be submitted to the attention of Jackie Arriaga. All replies from the Laboratory shall be from the Procurement Department.

C.

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

ARTICLE VII - APPLICABLE DOCUMENTATION

The following documents are attached hereto and hereby made a part of this agreement.

A.

Appendix "A", Argonne Terms and Conditions, for Labor-Hour and Time and Materials Contracts, dated January 21, 2019, modified to incorporate the following:

FAR 52.204-25 – PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision

Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(1) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(2) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Laboratory Procurement Official, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Laboratory Procurement Official for the indefinite delivery contract and the Laboratory Procurement Official(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

B.

Appendix "B", Argonne National Laboratory Statement of Work entitled, "Staff Augmentation/Logistics Services", dated November 30, 2020.

C.

Appendix “C”, Rate Schedule, dated ____.

D.

Appendix "D-12", Intellectual Property Provisions, Job Shop (Employee-Like Waiver), dated June 2020.

E.

Appendix “G”, Contractor Foreign Government Talent Recruitment Programs.

F.

Privacy Act, dated May 27, 2011.

G.

Privacy Act Notification, dated September 25, 2020.

I.

Exhibit "A", Sample Work Order.

J.

Laboratory 2021 Holiday Schedule.

ARTICLE VIII- OPTION

At least thirty (30) days prior to the expiration date of this agreement, the Laboratory shall notify the Contractor in writing whether or not the Laboratory is extending this agreement for the period 05/01/2022 through 04/30/2023. In the event that the Laboratory extends this agreement, all of the provisions of this agreement shall apply to said extension except this article entitled “Option”. The appropriate rate schedule, as contained in Appendix "C", shall be utilized in the issuance of all work orders.

At least thirty (30) days prior to the expiration date of this agreement, the Laboratory shall notify the Contractor in writing whether or not the Laboratory is extending this agreement for the period 05/01/2023 through 04/30/2024. In the event that the Laboratory extends this agreement, all of the provisions of this agreement shall apply to said extension except this article entitled “Option”. The appropriate rate schedule, as contained in Appendix "C", shall be utilized in the issuance of all work orders.

ARTICLE IX - HIRING OF CONTRACTOR PERSONNEL

At its discretion, the Laboratory may hire any of the personnel supplied at no charge to the Laboratory.

ARTICLE X - GUARANTEE

The Contractor shall immediately remove from the work any employee of the Contractor, who, at the sole discretion of the Laboratory is found to be unsatisfactory in technical performance or personal conduct. In situations where the assigned individual furnished by the Contractor is determined by the Laboratory to be incapable of performing the tasks in a satisfactory manner, the contractor will remove the individual from the project and with the approval of the Laboratory replace with a candidate qualified to perform the scope of work. The Laboratory will not be charged for any costs associated with replacing the individual. Additionally, should the Laboratory not be satisfied with the performance of an employee assigned within the first five (5) days, the assigned employee’s services during that period shall be free of charge.

ARTICLE XI - CONTRACTOR EMPLOYEES

A. It is understood and agreed that the individuals to be furnished by the Contractor under this agreement are not employees of the Laboratory and are entitled to no employee benefits or privileges nor any payment from the Laboratory, except such payments as set forth in PAYMENTS clause in Appendix “A”. All such payments shall be made to the Contractor and no payments shall be made to any of the Contractor’s employees. The Contractor has a responsibility to convey this fact to its personnel performing work for the Laboratory under this contract. The Contractor shall immediately remove from the work any employee of the Contractor, who, in the sole discretion of the Laboratory is found to be unsatisfactory in technical performance or personal contact.

B. All Contractor personnel providing services, work, or products under this Contract must be formally employed (i.e., W-2 recipients) by the Contractor or by one of Contractor's lower-tier subcontractors, unless otherwise agreed to between the parties. All wages or other compensation received by personnel performing services or work under this Contract must be included on a W-2 issued by the employer (either the Contractor or lower-tier subcontractor) of the personnel performing the services or work; no 1099 covered services or work are to be performed by any of the personnel performing services or work under this Contract, unless otherwise agreed to between the parties.

C. Consistent with the foregoing requirements, the Contractor shall ensure that all payroll taxes, and any other employment taxes, are withheld and remitted to the proper tax authority, whether by Contractor or its lower-tier subcontractor(s), for all personnel performing services or work under this Contract. Contractor agrees that Contractor and its lower-tier subcontractor(s), not the Laboratory, are responsible for payroll tax or other employment tax obligations in connection with any personnel performing services or work under this Contract, and for unemployment, health, pension, or other benefits for personnel performing services or work under this Contract.

D. With respect to all services and work performed under this Contract, and to all personnel performing services and work under this Contract, Contractor shall defend, indemnify and hold free and harmless the Laboratory, University of Chicago, the U. S. Department of Energy, and their respective officers, employees, agents, and representatives, from and against any and all liability, suits, claims, demands, damages, costs, expenses (including reasonable attorneys' fees), losses, fines, penalties, taxes, back taxes, or interest arising out of or in connection with the following: payroll tax or other employment tax obligations, unemployment, health, pension, or other benefits, employment related claims whether for discrimination, wrongful termination, harassment, retaliation, or otherwise, and any alleged or actual negligence or other conduct by personnel performing services or work under this Contract.

ARTICLE XII - PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

ARTICLE XIII - ORGANIZATIONAL CONFLICTS OF INTEREST

A.

Purpose. The purpose of this article is to ensure that the Contractor (1) is not biased because of its financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract.

B.

Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this article as a prime Contractor, subcontractor, cosponsor, joint venturer, consultant, or in any similar capacity.

1.

Use of Contractor's Work Product.

a.

The Contractor shall be ineligible to participate in any capacity in Laboratory contracts, subcontracts, or proposals therefor (solicited and unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of five years after the completion of this contract. Furthermore, unless so directed in writing by the Laboratory, the Contractor shall not perform any advisory and assistance services work under this contract on any of its products or services or the products or services of another firm if the Contractor is or has been substantially involved in their development or marketing. Nothing in this subparagraph shall preclude the Contractor from competing for follow-on contracts for advisory and assistance services.

b.

If, under this contract, the Contractor prepares a complete or essentially complete statement of work or specifications to be used in competitive acquisitions, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such statement of work or specifications. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Laboratory Procurement Official, in which case the restriction in this subparagraph shall not apply.

c.

Nothing in this paragraph shall preclude the Contractor from offering or selling its standard and commercial items to the Government or Laboratory.

2.

Access to and use of information.

a.

If the Contractor, in the performance of this contract, obtains access to information, such as Department plans, policies, reports, studies, financial or similar Laboratory information plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or data which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Laboratory Procurement Official it shall not: (A) use such information for any private purpose unless the information has been released or otherwise made available to the public; (B) compete for work for the Laboratory or the Department based on such information for a period of six (6) months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever is first; (C) submit an unsolicited proposal to the Laboratory or the Government which is based on such information until one year after such information is released or otherwise made available to the public; and (D) release such information unless such information has previously been released or otherwise made available to the public by the Laboratory or the Department.

b.

In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

c.

The Contractor may use technical data it first produces under this contract for its private purposes consistent within subparagraphs B., 2., a., (A) and (D) of this article and the patent, rights in data, and security provisions of this contract.

C.

Disclosure after award.

1.

The Contractor agrees that, if changes, including additions, to the facts disclosed by it prior to award of this contract, occur during the performance of this contract, it shall make an immediate and full disclosure of such changes in writing to the Laboratory Procurement Official. Such disclosure may include a description of any action which the Contractor has taken or proposes to take to avoid, neutralize, or mitigate any resulting conflict of interest. The Laboratory may, however, terminate the contract for convenience if it deems such termination to be in the best interest of the Laboratory.

2.

In the event that the Contractor was aware of facts required to be disclosed or the existence of an actual or potential organizational conflict of interest and did not disclose such facts or such conflict of interest to the Laboratory Procurement Official, the Laboratory may terminate this contract for default.

D.

Subcontracts.

1.

The Contractor shall include an article, substantially similar to this article, including this paragraph, in subcontracts expected to exceed the simplified acquisition threshold determined in accordance with 48 CFR (FAR) Part 13 and that involve performance of advisory and assistance services as that term is defined at 48 CFR (FAR) 37.201. The terms "contract," "Contractor," and "Laboratory Procurement Official" shall be appropriately modified to preserve the Laboratory's and the Government's rights.

2.

Prior to the award under this contract of any such subcontracts for advisory and assistance services, the Contractor shall obtain from the proposed subcontractor or consultant the disclosure required by 48 CFR (DEAR) 909.507-1, and shall determine in writing whether the interests disclosed present an actual or significant potential for an organizational conflict of interest. Where an actual or significant potential organizational conflict of interest is identified, the Contractor shall take actions to avoid, neutralize, or mitigate to the satisfaction of the Contractor the organizational conflict. If the conflict cannot be avoided or neutralized, the Contractor must obtain the approval of the Laboratory Procurement Official prior to entering into the subcontract.

E.

Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be disclosed concerning this contract, including the existence of an actual or potential, organizational conflict of interest at the time of or after award, the Laboratory may terminate the contract for default, disqualify the Contractor from subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract.

F.

Waiver. Requests for waiver under this article shall be directed in writing to the Laboratory Procurement Official and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Laboratory, the Laboratory Procurement Official may grant such a waiver in writing.

IN WITNESS WHEREOF, the parties hereby execute this Agreement No. _________.

UCHICAGO ARGONNE, LLC

(Operator of Argonne National Laboratory)

UNOFFICIAL COPY

By:

Title:

Date:

Procurement Department

Date:

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