Amendment 1 - Enclosure 1 - Draft Contract (Rev1).pdf

ENCLOSURE A

BROOKHAVEN NATIONAL LABORATORY

BROOKHAVEN SCIENCE ASSOCIATES, LLC

P.O. Box 5000

UPTON, N.Y. 11973-5000

Vendor Name Vendor Address 1 Vendor Address 2

CONTRACT NO. 445460

MERCURY CONTAMINATED SAND, DEBRIS DISPOSAL, RAILROAD LOGISTICS

AND TRANSPORTATION

This is a Contract made as of the date set forth above, between Vendor Name (Contractor) and Brookhaven Science Associates, LLC (BSA) the latter acting under a Prime Contract with the United States of America (Government) represented by the United States Department of Energy (DOE).

I. Scope of the Work:

The Contractor shall furnish all labor, services, materials, tools, supplies and equipment required to provide disposal, railroad logistics and transportation for mercury contaminated sand and debris from Brookhaven National Laboratory (BNL) in Upton, NY to Veolia located in Gum Springs, AR.

All work shall also be performed in accordance with the Statement of Work (Attachment 1) and BNL QA-101 Supplier Quality Assurance Requirements dated 4/2024 (Attachment 2).

II. Period of Performance:

The Contract shall be effective on the date executed by both parties and shall remain in effect until December 31, 2024.

III. Ceiling Amount, Schedule of Unit Rates, and Payment:

A. Ceiling Amount: The ceiling amount of this Contract is TBD. The Contractor shall not be reimbursed in excess of this amount without written authorization from BSA's Procurement and Property Management Division.

B. Schedule of Unit Rates: In full consideration of the Contractor's performance hereunder BSA shall pay the Contractor the fixed unit rates identified below. The said sum shall constitute full compensation for all services and materials furnished hereunder.

ITEM BASE SCOPE UNIT QUANTITY *COST/UNIT

Railroad Logistics and Transportation for Gondola Railcar with a payload of an estimated 100 tons, including mobilization/transport to Gum Springs disposal facility and a TYPE IP-1 10mil zippered liner.

RAILCAR 10

2 Short Line Surcharges FEE 1 3 Fuel Surcharge FEE 1

4 Disposal – Non-RCRA Hazardous Direct Landfill CY 800

Contract No. 445460

C. Payment:

1. Payment will be made pursuant to Article 23 – Payment. The full text of Article 23 is located in Brookhaven Science Associates, LLC General Terms and Conditions for Non- Commercial Services at Brookhaven National Laboratory.

2. Invoices shall be submitted in PDF format, via email, to apinvoices@bnl.gov and

PPMConstruction@bnl.gov. Payment terms shall be Net 10 days for Small Businesses and Net 30 days for Large Businesses.

IV. Authorized Representatives:

A. Contractor’s Technical Representative: TBD Name is the Contractor’s authorized Technical Representative, hereunder and shall act as liaison between BSA and the Contractor in technical matters only. The Contractor’s Technical Representative can be reached at TBD (Telephone No.) or TBD (e-mail).

B. Contractor’s Contractual Representative: TBD Name is the Contractor’s authorized

Contractual Representative and shall act as liaison between BSA and the Contractor. The Contractor’s Contractual Representative can be reached at TBD (Telephone No.) or at TBD (e-mail).

C. BSA Technical Representative (TR): TBD Name, of the Modernization Project Office

(MPO), located in Building 555 is the Technical Representative, hereunder. The TR shall act as liaison between BSA and the Contractor in technical matters only. The TR can be reached at TBD (Telephone No.) or at TBD (e-mail).

D. BSA Contractual Representative: Joseph Famiglietti, of Procurement and Property

Management, is BSA's Contractual Representative. They can be reached at (631) 344-3230 (Telephone No.) or at jfamiglie@bnl.gov (email). 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.

V. Required Submittals

All submittals shall be directed to the BSA Contractual Representative listed above.

A. Insurance:

Within fourteen (14) days after receipt of award, and prior to issuance of the Notice to Proceed, the Contractor shall submit Certificates of Insurance with the coverage indicated in Article 45 titled “Insurance” of the General Terms and Conditions. The certificate must show that BSA and the Government are named as additional insured and that the insurance carrier will give BSA thirty (30) days prior written notice in the event of cancellation or material change in the policy.

VI. Additional Terms:

The provisions of Brookhaven Science Associates, LLC General Terms and Conditions for Non- Commercial Services at Brookhaven National Laboratory, (Rev. 22.0) are incorporated herein and made a part hereof (Attachment 3).

mailto:apinvoices@bnl.gov mailto:PPMConstruction@bnl.gov mailto:jfamiglie@bnl.gov

Contract No. 445460

The provisions of Brookhaven Science Associates, LLC Supplemental Terms and Conditions for Work by Contractors On Site at Brookhaven National Laboratory, (Rev. 22.0) are incorporated herein and made a part hereof (Attachment 4).

DEAR 970.5223-4 – Workplace Substance Abuse Programs At DOE Sites

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

Attachment 1: SOW(dated 3/20/24) Attachment 2: BNL QA-101 Dated 04/2024 Attachment 3: BSA Non-Commercial Services Terms and Conditions Rev. 22.0 (Sep. 2022) Attachment 4: BSA Supplemental Terms and Conditions for Work by Contractors On Site Rev.

22.0 (Sep. 2022)

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

ACCEPTED:

ACCEPTED:

TBD BSA

Signature:

Signature:

Print Name:

Print Name:

Title:

Title:

Date:

The Contractor shall sign and return one (1) copy of this Contract via email to the attention of Joseph Famiglietti, Procurement and Property Management Division at jfamiglie@bnl.gov.