Enclosure A - 481327 Draft Contract.pdf

April 9, 2025 1 Rev. 10

BSA’s Contractual

Representative

Overall Value

Amount

Contract Type Contract Number

Kevin Kirkendall XXXX Firm Fixed Price 481327

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

All work shall be conducted in strict accordance with Attachment A - Statement of Work, entitled “Statement of Work for the Helium Refrigeration System for Building 902

Cryogenic System” Doc. No. EIC-CRG-SOW-001, Rev 00, Dated July 2, 2027.

A. Reports/Deliverables: The Contractor shall provide the following deliverable(s) to BSA’s Technical Representative (Tech Rep): XXXX

Item Deliverable Due BSA Approval

1 Pre-Shipment Inspection

Plan

2 weeks after award of contract

Yes

2 Installation Instruction

Package

2 weeks after award of contract

No

3 End Item Documentation As set forth in schedule Yes

4 Delivery of Equipment As set forth in schedule Yes

II. PERIOD OF PERFORMANCE

This Contract shall be effective as of the date executed by both parties. It shall remain in effect through __XXXX_______.

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 ___XXXX______ U.S. Dollars

($0.00). The said sum shall constitute full compensation for all services and materials furnished hereunder.

April 9, 2025 2 Rev. 10

B. Payment: Payment will be made upon receipt and approval of properly certified invoices. Payment will be in accordance with the following milestone payment schedule:

Cumulative

Milestone Amount Amount

Total $.00 $.00

Payment terms are Net XX (for large businesses enter 30, for small businesses enter 10).

Invoices shall be directed to BSA’s Accounts Payable Department 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 email, to apinvoices@bnl.gov.

Hard copy invoices, if applicable, shall be directed to BSA's Accounts Payable

Department, 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 (for North American shipments insert: ) FOB BSA

National Laboratory, 98 Rochester Street, Upton, Long Island, New York. Freight

Prepaid, (for foreign shipments insert: ) “DAP” Delivered At Place, BSA

National Laboratory, 98 Rochester Street, Upton, Long Island, New York.

D. Labelling, Packing, and Notification Requirements:

More detailed instructions are available at https://www.bnl.gov/shipping/ or by emailing WarehouseOperations@bnl.gov.

Labeling Requirements

All shipments must comply with the following labelling requirements. Failure to do so may result in delayed payments. Labels must be placed on the upper left portion of the container when possible and contain:

Brookhaven National Laboratory

Brookhaven’s Contract Number

98 Rochester St.

Upton, NY 11973

Box Number / Number of Boxes

Packing List Requirements mailto:apinvoices@bnl.gov https://www.bnl.gov/shipping/ mailto:WarehouseOperations@bnl.gov

April 9, 2025 3 Rev. 10

Every shipping container must include a packing list. The packing list must be clearly identified and affixed to a side of the shipping container. At a minimum, the packing list should contain the following information:

• Ship from company name and address

• Supplier contact name

• Supplier telephone number

• Ship to address as instructed by Buyer/Contracts Specialist

• Brookhaven’s Contract number

• Part number, description, quantity, unit of measure, and corresponding BNL

Contract line number

Special Notification of Delivery

If a shipment is heavier than 3,000 lbs., longer than 8 feet in any direction, or has a high center of gravity, it will require rigging upon receipt and the shipper shall provide a minimum of 3 days’ advance notice of delivery to BNL’s Receiving

Department via email to WarehouseOperations@bnl.gov. The shipper must obtain acknowledgement from BNL that delivery notification was received. Failure to contact BNL will result in delays during delivery and any resulting demurrage will be at the shipper’s expense.

Marking of Outer Package

Each shipping container (transport package) with a gross weight equal to or greater than 400 lbs. (180 kilograms) must be marked with the center of gravity location and gross weight on at least one side or end panel. It must also meet the requirements of the latest revision of ASTM Standard D 3951, Standard Practice for Commercial Packaging. This applies to any item shipped (originally packaged or repackaged) to BNL or other locations cited in the Contract.

Protection of Material and Equipment

The Contractor shall employ procedures which ensure adequate protection of material and equipment during shipment and while in storage. Such protection shall include special environmental packaging as necessary. All items shipped

(originally packaged or repackaged) to BNL or other locations cited in the PO or

Contract shall comply with the requirements for preservation, packaging, and marking as stated in the latest revision of ASTM Standard D 3951-10, Standard

Practice for Commercial Packaging.

Unacceptable Packing Material

Do not use vermiculite as a packaging material inside any shipments to BNL unless required by shipping regulation. “Vermiculite” as defined in this specification means the hydrous, silicate mineral classified as a phyllosilicate that has been expanded by heating. Vermiculite used as a packaging material in mailto:WarehouseOperations@bnl.gov https://www.astm.org/Standards/D3951.htm https://www.astm.org/Standards/D3951.htm

April 9, 2025 4 Rev. 10 shipments must be determined to be free of asbestos (<1% chrysolite, amosite, crocidolite, tremolite, anthophyllite, and actinolite). All shipments containing vermiculite must be accompanied by documentation stating that the vermiculite used is certified asbestos-free. This documentation must be affixed to the outside of the package.

Radioactive Shipments

Shipments to Brookhaven National Laboratory (BNL) containing radioactive material require pre-authorization prior to shipment. Contact the following staff in the Packaging & Transportation Group for instructions:

• Brett Fagan, Ext. 5645, bfagan@bnl.gov

• Kenneth Hansen, khansen2@bnl.gov

• Steven Woodburn, Ext. 3271, woodburn@bnl.gov

Ocean Shipments

Foreign shipments transported via ocean freight must use the 10+2

REQUIREMENTS Form (PDF). The form must be completed by the Contractor

72 hours before departure of the vessel. Send form to the following:

Interfreight Harmonized Logistics, Inc.

Fax: 516-371-6880 bnl@interfreight.net

Brookhaven National Laboratory

WarehouseOperations@bnl.gov

Once the form is submitted to customs, an acceptance number will be provided.

Freight will not be loaded onto a vessel without an acceptance number. Failure to submit the 10+2 form may result in fines. It is the Contractor's responsibility to make sure the 10+2 form is submitted 72 hours prior to the vessel sailing. BSA shall withhold payment from the Contractor's final invoice for any penalties incurred by BSA due to late or incorrect ISF filing by the Contractor.

IV. AUTHORIZED REPRESENTATIVES

A. BSA’s Technical Representative: ____________, telephone no. __________, ___________(email), is BSA's Technical Representative, and shall act as liaison between BSA and the Contractor in technical matters only.

B. BSA’s Contractual Representative: Kevin Kirkendall, telephone no. (631) 344-

4605, kkirkenda@bnl.gov (email), 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 Contractual Representative or designee.

mailto:bfagan@bnl.gov mailto:khansen2@bnl.gov mailto:woodburn@bnl.gov https://www.bnl.gov/shipping/files/pdf/10-2-security-filing-bnl-interfreight.pdf https://www.bnl.gov/shipping/files/pdf/10-2-security-filing-bnl-interfreight.pdf mailto:bnl@interfreight.net mailto:WarehouseOperations@bnl.gov mailto:kkirkenda@bnl.gov

April 9, 2025 5 Rev. 10

C. Contractor’s Technical Representative: ________, telephone no. __________, ___________(email), is the Contractor’s authorized Technical Representative, and shall act as point of contact between BSA and the Contractor in technical matters only.

D. Contractor’s Contractual Representative: ______________, telephone no.

__________, ___________(email), is the Contractor’s authorized Contractual

Representative and shall act as liaison between BSA and the Contractor.

V. ADDITIONAL TERMS

The provisions of Brookhaven Science Associates, LLC, General Terms and Conditions for Commercial Items and Services, Rev 24.0 April 2026 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 at PPM | Terms and Conditions. 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, entitled “Statement of Work for the Helium Refrigeration

System for Building 902 Cryogenic System” Doc. No. EIC-CRG-SOW-001, Rev

00, Dated July 2, 2027.

Attachment B: BNL-QA-101, Dated April 2024

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

ACCEPTED:

CONTRACTOR BROOKHAVEN SCIENCE

ASSOCIATES, LLC.

By: By:

Name: Name:

Title: Title:

Date: Date:

Should you accept this Contract without exception or alteration, a copy of the Contract 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 https://www.bnl.gov/ppm/terms-and-conditions.php https://www.bnl.gov/ppm/terms-and-conditions.php

April 9, 2025 6 Rev. 10 consider the requested exception(s)/alteration(s) and notify you accordingly. No Contract shall exist unless and until such differences are resolved.