Enclosure A - Draft Contract.pdf

Buyer Amount Contract Number

Kevin Kirkendall TBD 439863

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 (C) Statement of Work entitled “Statement of Work for the Electron-Ion Collider (EIC) Project Infrastructure

Commissioning Agent Services (Design Phase)” Doc. No. EIC-IFD-SOW-013, Rev 02, Dated June 12, 2024.

A. Reports/Deliverables: The Contractor shall provide the following deliverable(s) to and as directed by BSA’s Technical Representative:

Item Deliverable Due BSA Approval

Design Phase

1 Submit Detailed Design

(30%) Review

Submittal Comments

10 working days after receipt of submittal

No

2 Submit Detailed Design

(30%) Value

Engineering Comments

10 working days after receipt of submittal

No

3 Submit Detailed Design

(90%) Review

Submittal Comments

10 working days after receipt of submittal

No

4 Commissioning Plan 60 working days after receipt of 90% Detailed

Design submittal

Yes

5 Commissioning

Specifications

90 working days after receipt of 90% Detailed

Design submittal

Yes

B. Key Personnel: The following individual(s) have been designated as “Key

Personnel”.

Personnel Title

The Contractor agrees to assign such employee(s) or persons to the performance of the work under this contract and shall not reassign or remove the above individual(s) without written justification and prior approval of BSA Contractual Representative.

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

1/31/2026.

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 XXXX 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 will be in accordance with the following milestone payment schedule:

Cumulative

Milestone Amount Amount

Total $.00 $.00

Payment terms are Net TBD.

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.

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: Kevin Kirkendall, telephone no. 631-344-

4605, kkirkenda@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. ADDITIONAL TERMS

The provisions of Brookhaven Science Associates, LLC General Terms and Conditions for Non-Commercial Services, Rev 22.0 Sept 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 Sept 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: PPM | Terms and Conditions (bnl.gov). 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: BSA General Terms and Conditions for Non- Commercial Services, Rev 22.0

Sept 2022

Attachment B: BSA General Terms and Conditions for Work On Site, Rev 22.0 Sept 2022

Attachment C: Statement of Work, Doc. No. EIC-IFD-SOW-013, Rev 02, Dated June 12, 2024

Attachment D: BNL-QA-101

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

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

ACCEPTED:

CONTRACTOR BROOKHAVENSCIENCE

ASSOCIATES, LLC.

By: By:

Name: Name:

Title: Title:

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.