Enclosure A- Draft Contract_475610.docx

BSA’s Contractual Representative

BROOKHAVEN NATIONAL LABORATORY

Brookhaven Science Associates P.O. Box 5000

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

Name and Address of Contractor- TBD

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, DE-SC0012704 with the United States of America (the “Government”) represented by the United States Department of Energy (“DOE”).

I. SCOPE OF WORK

The Contractor shall be responsible for supplying one (1) industrial-grade 1030 nm femtosecond fiber laser system conforming to the requirements outlined Section 3.0 Technical Requirements of the Statement of Work (Attachment A).

All work shall be conducted in strict accordance with the attached BSA Statement of Work dated March 3, 2026 (Attachment A).

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

II. PERIOD OF PERFORMANCE

This Contract shall be effective as of the date executed by both parties. It shall remain in effect through August 7, 2026.

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 TBD U.S. 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 will be in accordance with the following milestone payment schedule:

Total

Payment terms are Net 30 (large business) Net 10 (small business).

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 North American shipments: FOB Destination, delivered to Brookhaven National Laboratory, 98 Rochester Street, Upton, Long Island, New York. Freight Prepaid.

Freight terms shall be for foreign shipments: “DAP” Delivered At Place, Brookhaven 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 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 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.

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: TBD, telephone no. TBD, TBD (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: Marie J. Williams, telephone no. 631-344-2755, mwilliams3@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.

C. Contractor’s Technical Representative: TBD, telephone no. TBD, TBD (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: TBD, telephone no. TBD, TBD (email), is the Contractor’s authorized Contractual Representative and shall act as liaison between BSA and the Contractor.

V. PATENT CERTIFICATION RESERVED

VI. GOVERNMENT PROPERTY RESERVED

VII. ADDITIONAL TERMS

The provisions of Brookhaven Science Associates, LLC, General Terms and Conditions for Commercial Items, Rev. 23.0 May 2025 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:

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

ACCEPTED:

CONTRACTOR- TBD BROOKHAVEN SCIENCE ASSOCIATES, LLC.

By: By:

Name: Name:

Title: Title:

Date: Date:

A copy of the Contract shall be returned to BSA’s Contractual Representative, BSA will then sign and provide a fully executed copy for your records.

April 9, 2025 1 Rev. 10