RFQ JSA-25-Q434620v2.pdf

REQUEST FOR QUOTE

Company: ______________________________

Email Address: ______________________________

From Buyer: Ebony Beaver /Jefferson Lab October 21, 2024 Phone Number: (757) 269-7814 Email: beaver@jlab.org RFQ/Reference Number: JSA-25-Q434620

Submit Quote By: Friday October 25, 2024 or sooner

Qty Unit / Meas Description Unit Price Total

1 1 EA. JL0172784 _______ _______

ULTRASONIC CALIBRATION STANDARD

Total: _______

FREIGHT (SELECT ONE):

Destination (PREFERRED)include shipping in unit cost.

NOTICE: INCLUDE ALL COSTS IN YOUR PRICING INCLUDING ANY HAZ MAT FEES, FUEL SURCHARGES ETC.

FAILURE TO DO SO MAY VOID THESE CHARGES IF SUBMITTED ON YOUR INVOICE.

Specific evaluation factors apply to this solicitation. Delivery date will be a factor for award. State firm delivery date within your Offer.

Required Delivery Date For RFQ Items: Friday, November 8, 2024 or sooner

NOTE: JLAB SHIPPING AND RECEIVING HOURS ARE MONDAY-FRIDAY 8AM - 5PM EXCLUDING HOLIDAYS AND ARE BY APPOINTMENT. DELIVERY APPOINTMENTS CAN BE SCHEDULED IN ADVANCE BY CALLING 757 269-7233 OR 757 269-5010.

RESERVED TO SMALL BUSINESS: If the box to the left is marked, this RFQ is reserved to small business firms. Offers/bids from concerns not small may be considered non-responsive and may be rejected at the sole discretion of the subcontracting officer. The (NAICS) North American Industry Classification System designation for this requirement is: 334519 and the Small Business size standard is 600 people, or company annual business volume is N/A million.

STATE AND LOCAL TAXES - Unless otherwise indicated below or elsewhere the solicitation or purchase order, prices shall include all applicable Federal, State, and Local Taxes.

This requirement is exempt from Commonwealth of Virginia Sales and Use Taxes. A Certificate of Exemption form is available upon request.

APPLICABLE TERMS AND CONDITIONS - The Sections marked below are applicable and shall apply to any award as a result of this RFQ.

Sections are attached hereto, or are available from the Jefferson Lab home page at http://www.jlab.org ; or will be provided upon request.

Representations/Certifications (Form Rep/Cert-1 Simplified Rev. 12/2021)

Representations/Certifications (Form Rep/Cert-2 Simplified Rev. 12/2021)

Fixed Price Supply - Simplified Acquisitions Commercial (Form TC-1, Commercial Supply, SUP Rev 03/2024)

Fixed Price Supply - Simplified Acquisitions Non-Commercial (Form TC-2, Non-commercial Supply, Rev 03/2024)

Fixed Price Services - Simplified Acquisitions Commercial (Form TC-3, Commercial Services, SVC Rev 03/2024)

Fixed Price Services - Simplified Acquisitions Non-Commercial (Form TC-4, Non-Commercial Services, SVC Rev 03/2024)

Environment, Safety & Health requirements Form __________________

Service Contract Act Wage Determination No. _________________________________

VENDOR INFORMATION - PLEASE RESPOND TO ALL THAT APPLY (COMPLETE AND RETURN):

* State discount offered, if available: _______________________________

* State if special made for Jefferson Lab: _______________________________

* State previous 2 years PO, if available: _______________________________

* Fax or email published price list, if available: _______________________________

* Jefferson Lab is eligible for “GSA" pricing, if available, Fax or email "GSA" schedule page(s) or provide GSA Contract number and Contract Period of Performance

* Are you the Sole Manufacture or Distributor? _______________________________ mailto:beaver@jlab.org http://www.jlab.org/

IS THIS ITEM(S) BIOBASED PRODUCTS AS DESCRIBED AT HTTP://WWW.EPA.GOV/SMM/COMPREHENSIVE-PROCUREMENT- GUIDELINE-CPG-PROGRAM. Yes________NO___________

* Discount Terms: _______________________________

* Vendor Delivery Date of RFQ Items: _______________________________

* Buy American Act Certification: The Offeror certifies that each end product, except those listed below, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. Applicable Foreign End Products:

ELECTRONIC FUNDS TRANSFER.

Awardee will be provided a PD 34 Electronic Funds Transfer. This form authorizes electronic payment of funds to your account in lieu of a check.

In order to receive the award, the successful company is required to be registered in the SAM (System for Award Management) at the site below, as well as have a Unique Entity ID number.

DUNS Number___________________________ https://eupdate.dnb.com/requestoptions.asp Click on: "Get a D&B D-U-N-S Number"

Unique Entity ID (UEI #) _____________________

System For Award Management (SAM) NOTICE: Starting in October 1, 2016, in order to be eligible for award, your company must be registered in the System for Award Management (SAM) at: https://sam.gov Please provide any warranty information with your response.

Signature of Authorized Person Quoting RFQ: ________________________________________ Address: _________________________________________________________________________ Date: ___________________

Form RFQ-1B (10/23)

TC-1 Commercial Supply (MAR 2024) Page 1 of 8

FIXED-PRICE SUPPLY – COMMERCIAL TERMS AND CONDITIONS

(APPLICABLE FOR PURCHASES OF COMMERCIAL ITEMS < $6,500,000)

I. FAR AND DEAR CLAUSES INCORPORATED BY REFERENCE

The Jefferson Science Associates, LLC (JSA) has a prime contract with the U.S. Department of Energy (DE-AC05- 06OR23177) that requires flow down of certain Federal Acquisition Regulation (FAR) and DOE Acquisition Regulation (DEAR) clauses. Accordingly, the following FAR’s and agency FAR supplement clauses (DEAR’s) referenced under Part I below are incorporated herein by reference and made a part hereof. Except as may be expressly otherwise provided below in each of such clauses the term, "Contractor" shall mean JSA’s Subcontractor, and the term “Contract" shall mean "this Subcontract/Purchase Order". The term “Contracting Officer” shall mean JSA’s “Procurement Officer” where the intent of the clause is to give direct contracting authority over JSA’s [sub] contractor to authorize and direct changes, process claims, adjudicate disputes, authorize terminations, and conduct subcontract administration responsibilities to maintain the rights of the parties under the [sub] Contract; otherwise, the term shall mean the DOE Contracting Officer having responsibility over JSA’s prime contract referenced above. The term “Government” shall mean “JSA” except in cases where the action or responsibility is an inherently U.S. Government function that cannot be performed by JSA. Contact the JSA Procurement Office or JSA Procurement Officer for clarification of JSA required clauses.

FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010)(Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (C) of FAR clause 52.204-21.

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (Jul 2018)(Section 1634 of Pub. L. 115-91).

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Equipment (Aug 2020)(Section 889(a)(1)(A) of Pub. L. 115-232).

FAR 52.207-4 Economic Purchase Quantity-Supplies (AUG 1987)

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018), except as it relates to Disputes, JSA Disputes Clause – 100 shall apply

FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2020)

FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015)

FAR 52.222-50 Combating Trafficking in Persons (Oct 2020)(22 U.S.C. chapter 78 and E.O. 13627); Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

FAR 52.222-55 Minimum Wages under Executive Order 13658 (Nov 2020), if flow down is required in accordance with paragraph (k) of FAR clause 52.222-55.

FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017)(E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62.

FAR 52.223-13 Acquisition of EPEAT® - Registered Imaging Equipment (JUN 2014)

FAR 52.223-14 Acquisition of EPEAT® - Registered Televisions (JUN 2014)

FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

FAR 52.223-16 Acquisition of EPEAT® - Registered Personal Computer Products (OCT 2015)

FAR 52.223-20 Aerosols (JUN 2016)

TC-1 Commercial Supply (MAR 2024) Page 2 of 8

FAR 52.223-21 Foams (JUN 2016)

FAR 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).

Alternate I (Jan 2017) of 52.244-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).

FAR 52.225-1 Buy American Act-Supplies (Jan 2021)(Modified by DEAR 970.2570-1)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

FAR 52.232-25 Prompt Payment (JAN 2017)

FAR 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)(DEVIATION APR 2020), if flow down is required in accordance with paragraph (C) of FAR clause 52.232-40.

FAR 52.245-9 Use and Charges (AUG 2012) - Applicable only when FAR 52.245-1 Government Property is marked

FAR 52.247-34 F.O.B. Destination (NOV 1991) - Applicable unless the FAR clause 52.247-29 F.O.B. Origin (FEB 2006), listed below, is checked “ ”

FAR 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

SPECIAL NOTICE FOR SOFTWARE:

Invoice, contract, or sales agreement must specify if software is provided by electronic delivery and in the case of software provided exclusively by electronic delivery, expressly state no disks, tapes, drives, or other tangible media has been, or is to be used, in the delivery of the purchased software.

APPLICABLE IF > $10,000

FAR 52.222-25 Affirmative Action Compliance (APR 1984)

FAR 52.222-26 Equal Opportunity (Sept 2015)(E.O. 11246)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

APPLICABLE IF > $15,000

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793)

APPLICABLE IF > $30,000

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

APPLICABLE IF > $35,000 AND IS NOT A SUBCONTRACT FOR COMMERCIALLY AVAILABLE

OFF-THE-SHELF ITEMS

FAR 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

APPLICABLE IF > $100,000

DEAR 970.5227-4 Authorization and Consent (AUG 2002)(SC Alternate)

APPLICABLE IF > $150,000

FAR 52.222-35 Equal Opportunity (Sept 2015)(E.O. 11246)

FAR 52.222-37 Employment Reports on Veterans (Jun 2020)(38 U.S.C. 4212)

TC-1 Commercial Supply (MAR 2024) Page 3 of 8

APPLICABLE IF ABOVE THE SIMPLIFIED ACQUISITION THRESHOLD

FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

FAR 52.203-7 Anti-Kickback Procedures (MAY 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

FAR 52.219-8 Utilization of Small Business Concerns (Oct 2018)(15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threhold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

FAR 52.227-1 Authorization and Consent (DEC 2007)

APPLICABLE IF > $700,000

FAR 52.219-9 Small Business Subcontracting Plan (Jun 2020)

APPLICABLE IF > $5,500,000

FAR 52.203-13 Contractor Code of Business Ethics and Conduct (June 2020) (41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of the subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

THE FOLLOWING FAR CLAUSES ARE APPLICABLE ONLY IF THE BOX IS MARKED “ ”.

FAR 52.208-8 Required Sources for Helium and Helium Usage Data (AUG 2018) (SC Alternate)

FAR 52.217-2 Cancellation Under Multi-Year Contracts (OCT 1997)

FAR 52.225-8 Duty-Free Entry (OCT 2010)

FAR 52.245-1 Government Property (JAN 2017)

FAR 52.242-5 Payments to Small Business Subcontractors (JAN 2017)

FAR 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other Than Household Goods

(APR 1984)

FAR 52.247-29 F.O.B. ORIGIN (FEB 2006)

DEAR 952.203-70 Whistleblower Protection for Contractor Employees (DEC 2000)

DEAR 970.5223-4 Workplace Substance Abuse Programs at DOE Sites (DEC 2010)

DEAR 970.5227-4 Authorization and Consent (AUG 2002)(SC ALTERNATE)

II. JSA CLAUSES

JSA 100 DISPUTES (JAN 2017)

All disputes between the parties pertaining to this Subcontract, which are not disposed of by agreement, shall be decided by litigation. Trial of any such litigation shall be confined exclusively to the Federal District Court for the Eastern District of Virginia, or and only in the event that the jurisdictional requirements for trial in Federal Court are not present, to the Circuit Court of the Commonwealth of Virginia in Newport News, Virginia.

TC-1 Commercial Supply (MAR 2024) Page 4 of 8

The terms of this purchase order/Subcontract shall be construed and interpreted in accordance with the body of law applicable to the procurement of goods and services by the Federal Government. Nothing in this clause shall grant to the Subcontractor by implication any statutory rights or remedies not expressly set forth in this Subcontract.

There shall be no interruption in the prosecution of the work, and the Subcontractor shall proceed diligently with the performance of this Subcontract pending final resolution of any dispute, claim, or litigation arising under or related to this Subcontract between the parties hereto or between the Subcontractor and lower-tier subcontractors or suppliers.

The Contract Disputes Act of 1978 (41 U.S.C. Sections 601-613) shall not apply to this Subcontract; provided, however, that nothing in this clause shall prohibit Jefferson Science Associates, LLC (JSA), in its sole discretion, from sponsoring a claim of the Subcontractor for resolution under the provisions of its prime contract with the U.S.

Department of Energy (DOE). In the event that JSA so sponsors a claim at the request of the Subcontractor, the Subcontractor shall be bound by the decision of the cognizant DOE Contracting Officer to the same extent and in the same manner as JSA.

JSA 101 ASSIGNMENT (MAY 2019)

Neither party may assign this subcontract nor any of their rights or obligations under this agreement without the other party's written consent, except JSA may assign this subcontract, in whole or in part, without consent to any DOE National Lab, to DOE, or to such party as DOE may designate to perform JSA's obligations hereunder. Upon written notice to Subcontractor of such an assignment, JSA shall be relieved of all responsibility hereunder and Subcontractor shall thereafter look solely to such assignee for performance of JSA's obligations.

JSA 102 LABORATORY CLOSURE SCHEDULE

No items shipped under this purchase order/subcontract will be received on JSA’s designated holidays or closures (see JSA’s Holiday and Closure schedule posted here: JLab Calendar). In addition, Laboratory management may close the Laboratory or modify operating hours at its discretion due to weather or other emergency.

If the box to the left is marked “ ” Items delivered under this purchase order/subcontract will be received on holiday or closure days except on weather or other emergency closure days.

JSA 103 HOLIDAYS (NOT REQUIRED FOR COMMERCIAL SUPPLY PURCHASES) (NOV 2019)

JSA 104 SUBCONTRACT MODIFICATION AUTHORITY (MAY 2020)

Notwithstanding any other provisions of this subcontract, the Head of Procurement (or designee) shall be the only individual authorized to (i) accept nonconforming work; (ii) waive any requirement of this subcontract; or (iii) modify any term or condition of this subcontract.

JSA 105 FOREIGN NATIONS CONTROL (NOV 2021)

Subcontractors in all Jefferson Lab agreements and subcontracts requiring access to Jefferson Lab must provide valid government issued pictured identification for access to Jefferson Lab property.

Subcontractors who receive Jefferson Lab picture badges will certify their citizenship and place of birth status in writing. Non-U.S. citizens must provide United States Citizenship and Immigration Service (USCIS) documents for verification. The Jefferson Lab Technical Representative (TR) and Jefferson Lab Procurement Officer may resolve questions of citizenship and employment.

JSA 106-117 RESERVED

JSA 118 SITE ACCESS (NOV 2021)

All individuals must successfully complete the registration, training, and badging process as outlined below prior to accessing any area and performing any work at Jefferson Lab owned or leased space. In addition to training required by OSHA, federal, or state regulations, please refer to specification section 013529 “Safety and Health Requirements” for a listing of any additional Jefferson Lab “contract specific” training requirements.

https://www.jlab.org/human_resources/calendar

TC-1 Commercial Supply (MAR 2024) Page 5 of 8

REGISTRATION

Following award of a contract, and at least two weeks prior to needing site access, JSA first tier subcontractors shall email a completed Standard Form (SF1413) to the Procurement Officer, Technical Representative (TR), and subcontractor-registration@jlab.org for each lower tier subcontractor according to “Clause 52.222-11 Subcontracts”.

This information must be provided and processed before any subcontractor personnel attempt online registration.

Once the required SF1413 forms have been submitted, a point of contact (POC) from each subcontractor company shall send an email to subcontractor-registration@jlab.org to request information for the registration, training, and badging process. The subject line of the email shall include the contract number and the body of the email shall include the names of all workers who will require site access.

In response to this email, subcontractor-regisration@jlab.org shall provide a link to the online registration form along with instructions. This form shall be filled out for each worker that will require site access. Individuals will need to know their employer’s name as well as the contract number that they are working on. Additional fields on the form include the individual’s birth date, citizenship, country of birth, local address, vehicle license plate information, and two emergency contacts. No individual under the age of 18 years shall be permitted to work on site under construction or service contracts at Jefferson Lab.

TRAINING

Following successful completion and processing of the registration forms, an email from subcontractor-registration@jlab.org will be sent to each subcontractor company POC. The email will contain a link to the Jefferson Lab Web-Based Training page along with any additional details needed in order to complete “contract specific” training. Any onsite training shall be scheduled with subcontractor-registration@jlab.org.

BADGING

Once all required training is complete, the subcontractor shall send an email to subcontractor-registration@jlab.org to confirm all requirements have been successfully completed and to request an appointment for badging. Contract Services badges are issued Monday through Friday between 8:15 am to 12:00 pm and 1:00 pm to 4:00 pm in the Support Services Center (SSC), Building #28.

Effective October 1, 2021, individuals will be required to present a valid U.S. or State issued photo identification card complying with the Real ID Act. The following link provides information about the REAL ID Act and the States/Territories that are currently in noncompliant status: http://www.dhs.gov/real-id-enforcement-brief Individuals possessing a driver’s license from a non-compliant State may provide another acceptable form of identification. The following link provides options of acceptable identification that can be presented in lieu of a driver’s license http://www.tsa.gov/traveler-information/acceptable-ids. Non-US citizens must present documentation of a right to work in the US such as a Permanent Resident Card, Authorization to Work Card, and a passport. Approval for accessing the site for a Non-US Citizen can take one (1) week or longer depending on citizenship and country of birth. The Forms will be provided by JSA.

Once identity has been verified and any required additional documentation have been provided, a Contract Services badge will be issued to subcontractor personnel. The badge is customized to the individual, based on training acquired and the work site location; therefore, the badge must not be shared with others.

Access to experimental and certain technical work areas of Jefferson Lab is restricted to personnel who have completed the requisite Environmental, Health, & Safety (EH&S) training and/or orientation, or who are accompanied by a qualified continuous Lab staff escort. Subcontractors shall comply with all site access restrictions, including temporary postings for special hazards and access control measures. Subcontractor personnel are not permitted to escort other contractor personnel. See “Safety and Health Requirements” for additional information.

All badges must be returned to the JLab TR or Service Desk Administrator located in the SSC, Building #28, Room #52 upon completion of the work or when employment is terminated with the designated employer, whichever is sooner. Subcontractors may incur a $25 charge for each badge replaced or not returned which shall be collected prior to final payment being issued.

FOREIGN GOVERNMENT SPONSORED OR AFFILIATED ACTIVITIES

JSA is required to report to the U.S. Department of Energy (DOE) if any employee of either a “Demonstration subcontract” or “Research & Development (R&D) subcontract”, where the subcontracted work in question is performed on, or at, a DOE site or facility (including space/facility leased by JSA), participates in a “foreign government talent recruitment program” (FGTRP). These terms are defined in Attachment 2 of DOE Order 486.1A.

The Order can be found here: DOE Order 486.1A.

mailto:subcontractor-registration@jlab.org mailto:subcontractor-registration@jlab.org mailto:subcontractor-regisration@jlab.org mailto:subcontractor-registration@jlab.org mailto:subcontractor-registration@jlab.org mailto:subcontractor-registration@jlab.org mailto:subcontractor-registration@jlab.org http://www.dhs.gov/real-id-enforcement-brief http://www.tsa.gov/traveler-information/acceptable-ids https://www.directives.doe.gov/directives-documents/400-series/0486.1-BOrder-a/@@images/file

TC-1 Commercial Supply (MAR 2024) Page 6 of 8

Subcontractors working on R&D or Demonstration Subcontracts are required to disclose if any employee or sub-tier employee working on the subcontract is participating in a FGTRP. Disclosure is required for badge access to Jefferson Lab facilities. For each individual subcontractor employee receiving compensation from a FGTRP, the Subcontractor is required to provide the following information:

A. The name of the government that is sponsoring the FGTRP.

B. The name of the organization or talent recruitment program.

C. The nature of the employee’s responsibilities under the FGTRP.

D. The duration of the employee’s commitment under the FGTRP.

E. The type of compensation the employee is receiving under the FGTRP.

JSA reserves the right to direct the Subcontractor to remove the employee(s) participating in a FGTRP from performing any work under this Subcontract from the Jefferson Lab Facility or from any other DOE/NNSA site/facility (including DOE/NNSA JSA leased facilities), if it is deemed a risk. To the extent DOE requires the subcontractor employee(s) participating in the FGTRP to be removed from performing any further work under the subcontract, the Subcontractor shall do so unless such employee(s) agree to discontinue participation in the FGTRP.

JSA 119-120 RESERVED

JSA 121 SUSPECT/COUNTERFEIT ITEMS REQUIREMENTS (JUNE 2021)

A. The Subcontractor shall establish and maintain effective controls to prevent the introduction of suspect or counterfeit items (S/CI) to the Thomas Jefferson National Accelerator Facility (TJNAF). A suspect item is one in which there is an indication by visual inspection, testing, or other information that it may not conform to established Government or industry-accepted specifications or national consensus standards. A counterfeit item is a suspect item that is a copy or substitute, without legal right or authority to do so, or one whose material, performance, or characteristics are knowingly misrepresented by the vendor, supplier, distributor, or manufacturer.

1. Types of material, parts, and components known to have been misrepresented include:

a. General Items

• Spare/replacement kits from vendors other than the Original Equipment

• Manufacture; Elastomer – “O” rings, seals; Lubricants; Adhesives;

• Electrical connectors; Metal Framing components (i.e. flat plate fittings, post bases, beam clamps, channel); and Flanges.

b. Electrical Items

• Motor control centers - complete units; Components; Starters; Starting coils;

•Contactors; Contactor kits; Overload relays; Starter control relays; Overload heaters;

Protective/control relays; DC power supplies/chargers; AC inverters;

• Current/potential transformers; Exciters/regulators; Bus transfers/auto bus transfers;

• Motor generators sets; Generators; Rewindable motors; Printed circuit boards;

• Fuses; Splices Vacuum breakers (BWR); Indicators/controllers; Panel lights/switches;

Transmitters/instrument switches; and Isolation devices.

c. Mechanical Items

• Welding Materials; Rod; Wire; Flux; Small piping products;

• Small structural members (pipe supports); Spent fuel pool cooling pumps and similar pumps; Ultimate heat sink supply manual valves and similar valves; and Valves.

d. Diesel Generator Items

• Diesel speed governors; Diesel fuel transfer pumps; and Diesel injection pumps.

e. Lifting Materials

• Slings; Hooks; Cables; and Shackles

TC-1 Commercial Supply (MAR 2024) Page 7 of 8

2. An item that does not conform to established requirements is not normally considered an S/CI if the nonconformity results from one or more of the following conditions:

a. Defects resulting from inadequate design or production quality control;

b. Damage during shipping, handling, or storage;

c. Improper installation;

d. Deterioration during service;

e. Degradation during removal;

f. Failure resulting from aging or misapplication; or

g. Other similar causes, which do not involve any misrepresentation about nature, quality, form or function.

B. Notwithstanding any other provisions of this subcontract, the Subcontractor warrants that all items provided to TJNAF shall be genuine, original, new and unused, and conform to the requirements of the subcontract, unless otherwise approved in writing by the Procurement Officer prior to delivery.

Subcontractor further warrants that all components, parts, materials, and supplies incorporated into TJNAF facilities or equipment by the Subcontractor during performance of work at TJNAF shall be genuine, original, new and unused, and original-equipment-manufacturer items, unless otherwise approved by the Procurement Officer in writing as suitable for the intended purpose prior to use. The Subcontractor's warranty also extends to labels and/or trademarks or logos affixed, or designed to be affixed; to items supplied or delivered to TJNAF; and to certifications, affirmations, information, or documentation related to the authenticity and quality of items supplied or delivered to TJNAF under this subcontract.

C. Other than claims covered by an applicable “Nuclear Hazards Indemnity Agreement” clause, the

Subcontractor shall indemnify TJNAF, its agents, and third parties for any financial loss, injury, or property damage resulting directly or indirectly from S/CI; items that have been provided under false pretenses; and items that the subcontractor knows, or should know, to be defective, materially altered, damaged, deteriorated, degraded, and have nonetheless been tendered as genuine, original, new and unused, or suitable for the intended purpose or use.

D. Because falsification of information or documentation may constitute criminal conduct, TJNAF may temporarily segregate items, and related paperwork, that are suspected to be S/CI, pending a determination by DOE officials as to whether the segregated items should be impounded as evidence.

1. In the event DOE directs TJNAF to impound the segregated items, no liability shall be asserted or enforceable against TJNAF, or DOE because of the impoundment, all such liability being expressly waived by the Subcontractor or any person claiming any right or interest under this subcontract in the impounded items.

2. TJNAF shall incur no liability for failure to return impounded items to the Subcontractor and does not assume any liability for loss or damage to the items impounded or temporarily segregated pursuant to this clause regardless of the circumstances under which said loss or damage may have occurred and whether the impounded or temporarily segregated items are in TJNAF’s possession or under its control.

E. Nothing in this clause shall limit TJNAF’s right to reject S/CI, and related paperwork, as nonconforming, to deny payment for such items, to return such items to the Subcontractor once DOE has released the items, or to assert other remedies provided under this subcontract or by law.

F. Unless otherwise authorized by the Procurement Officer in writing, the Subcontractor shall cause this clause, including this paragraph, to be inserted in all lower-tier subcontracts entered into under this subcontract.

TC-1 Commercial Supply (MAR 2024) Page 8 of 8

NOTE: Suspect/Counterfeit Items are subject to the provisions of DOE Order 232.2A, Occurrence Reporting and Processing System. See DOE Suspect/Counterfeit Items Resource Handbook at: DOE-HDBK-1221-2016

All references to contacting DOE or submitting documentation to DOE stated within DOE Order 232.2A shall instead be submitted to the JLAB Quality Assurance Department via email (sci@jlab.org).

JSA 122 E-VERIFY REQUIRED INFORMATION (OCT 2015)

If the clause at FAR 52.222-54 “Employment Eligibility Verification” is applicable to this subcontract, the Subcontractor shall provide the JSA Procurement Officer Procurement Officer a copy of their “Maintain Company” page from E-Verify to document Subcontractor’s enrollment in the E-Verify Program.

JSA 317 DEPARTMENT OF ENERGY (DOE) ORDER 442.2 - DOE DIFFERING PROFESSIONAL

OPINION PROCESS (DPO) (MARCH 2024)

This Order establishes the DOE DPO process for employees to raise technical concerns related to environment, safety and health (ES&H) which cannot be resolved using routine processes. DOE has established a variety of work processes for its employees (including DOE federal, contractor, and subcontractor employees) to raise concerns so that they are assessed and appropriate actions are taken. Subcontractors and/or their lower tier subcontractors are to use these processes to resolve issues at the lowest possible level. In rare cases, an employee may decide that despite those efforts, there remains a concern about a technical issue with a potential for significant impact to the environment, safety or health.

Subcontractor understands that they have the right to report environment, safety, and health concerns through the DOE DPO Process. If as a subcontractor, their employees or their lower tier subcontractors have a concern, please review and follow the guidelines on the DOE DPO website located at https://www.energy.gov/ehss/doe-differing-professional-opinions, or contact the following points of contact:

JLAB DPO POC:

Bob May, JLab DPO Manager may@jlab.org 757-269-7532

DOE DPO POC:

Richard Verhaagen, DOE DPO Manager Email: richard.verhaagen@science.doe.gov Telephone: 202-573-4016.

The Subcontractor shall include the listed clauses in its subcontracts at any tier, to the extent applicable.

https://rampac.energy.gov/docs/default-source/qa/DOE-HDBK-1221-2016-CN1.pdf https://www.energy.gov/ehss/doe-differing-professional-opinions https://www.energy.gov/ehss/doe-differing-professional-opinions mailto:may@jlab.org mailto:richard.verhaagen@science.doe.gov

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REPRESENTATIONS AND CERTIFICATIONS

FOR ACTIONS WITH ESTIMATED VALUE < $30,000

Jefferson Science Associates, LLC (JSA) is the Managing and Operating Contractor of the Thomas Jefferson National Accelerator Facility (JTNAF / Jefferson Lab) under U.S. Department of Energy (DOE) prime contract number DE-AC05- 06OR23177. Subcontractors to Jefferson Lab are paid with government funds and are required to register in SAM (System for Award Management) and to maintain registration annually. There is no cost to register. Information requested in our Representations and Certifications may be different than that required in SAM as a result of our reporting obligations under prime contract number DE-AC05-06OR23177.

1. OFFEROR INFORMATION

Company Name as Reported in SAM.gov: SAM Registration Expiration Date:

Physical Address: City: State: Zip:

Primary Performance Location: City: State: Zip:

County and Congressional District: Remit to Address:

Phone Number: Fax Number: Taxpayer Identification # (Employer Identification # or SS #)

D-U-N-S Number: Name of Parent Organization if applicable:

D-U-N-S Number of Parent Organization if applicable: Commercial and Government Entity (CAGE) code:

2. PRIMARY POINT(S) OF CONTACT

Name: Title

Email: Phone:

3. TYPE OF BUSINESS ORGANIZATION:

a. Legal name of business organization, if different from company name:

b. The Offeror represents that it operates as a: (Check applicable category and provide additional information, if requested.)

☐ sole proprietorship or individual ☐ partnership comprised of the following partners ☐ corporation incorporated under the laws of the State of ☐ limited liability company organized under the laws of the State of ☐ educational institution ☐ government entity ☐ federal ☐ state ☐ local

☐ international organization (per 22 U.S.C. 288-288f) ☐ nonprofit organization ☐ joint venture comprised of the following entities ☐ other (Describe below.)

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4. SMALL BUSINESS PROGRAM REPRESENTATIONS:

a. Offeror represents that it:

☐ Is a small business under NAIC’s Code(s):

☐ Is not a small business

b. Applicable NAICS Codes for this action is _______. Please check all applicable categories below for which offeror is eligible under the NAICS code applicable to this action:

☐ Disadvantaged small business ☐ Women-owned small business ☐ Veteran-owned small business ☐ Service-Disabled Veteran-Owned small business ☐ HubZone small business

c. Please indicate if Offeror holds any Government-Wide Contracts:

☐ Federal Supply Schedule (GSA) ☐ Integrated Contractor Purchasing Team (ICPT) agreements

5. EQUAL OPPORTUNITY: (Applicable if offer exceeds $10,000)

a. ☐ It has participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation (FAR 52.222-26).

b. ☐ It has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation.

c. ☐ It has filed all required compliance reports (Note: If an offeror has not participated in a previous contract or subcontract subject to FAR 52.222-26, Equal Opportunity, or been required to file Standard Form 100 (EEO-1), the offeror will have filed all required compliance reports, since none were required).

OR

d. It is not required by regulations of the Office of Federal Contract Compliance Programs at 41 CFR 60-1 to file compliance reports because:

It ☐ has less than 50 employees, or It ☐ does not have a Government contract or first-tier subcontract of $50,000 or more, or It ☐ does not have a Government contract of $50,000 or more below the first tier for construction work at the site of construction

6. AFFIRMATIVE ACTION: (Applicable if offer exceeds $10,000) If offer IS NOT for construction, complete the following:

a. It ☐ has developed and has on file at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2)

b. It ☐ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor because it has not had 50 or more employees and a Government contract or subcontract of $50,000 or more, or

c. It ☐ has not developed and does not have on file at each establishment a required affirmative action program.

If offer IS FOR construction, complete the following:

a. It ☐ has developed and has on file at each establishment affirmative action programs required by the rules and regulations of the FAR Solicitation Provisions and Contract Clauses subchapter (48 CFR 52.222-27 – Affirmative Action Compliance Requirements for Construction)

b. It ☐ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the FAR Solicitation Provisions and Contract Clauses subchapter because it has not had a Government contract or subcontract for construction of $10,000 or more, or

c. It ☐ has not developed and does not have on file at each establishment a required affirmative action program.

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7. EMPLOYMENT ELIGIBILITY VERIFICATION: (Complete if offer exceeds $3,000) Select one (1) of the following:

☐ E-Verify is not applicable based on paragraph (e) of FAR 52.222-54 Employment Eligibility Verification.

☐ Offeror is currently enrolled in E-Verify and will include FAR 52.222-54 in applicable lower-tier subcontracts.

☐ Offeror is not currently enrolled but will enroll in E-Verify within 30 calendar days of subcontract award and will include FAR 52.222-54 in applicable lower-tier subcontracts.

8. COMPLETE AND RETURN WITH QUOTE/OFFER:

Company acknowledges incorporation of all terms and conditions made part of this solicitation including those incorporated by reference.

9. BUY AMERICAN ACT CERTIFICATE: (Derived from FAR 52.225-2 (MAY 2014) (Applies when supplies greater than $10,000, for use in the United States, will be acquired through the resultant purchase order of subcontract.)

a. The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not quality as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product”. The terms “commercially available off-the-shelf (COTS) item”, “component”, “domestic end product”, “end product”, “foreign end product”, and “United States” are defined in FAR 52.225-1 Buy American-Supplies.

(If this certification is applicable: (1) list foreign end products, if any, below)

b. Foreign End Products: ☐ Check Box and attach list with quote if additional lines are applicable below.

Description / Line Item No. Country of Origin

c. Evaluation of offers will be in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

10. SIGNATURE / CERTIFICATION: (Applies to all solicitations) By signing below, the Offeror certifies that these representations and certifications are accurate, current, and complete. The Offeror further certifies that it will immediately notify JSA (i.e., the Procurement Officer assigned to this solicitation/resultant subcontract) of any changes to these representations and certifications which may occur from the date of this certification through the end of the term of any resultant subcontract that may be awarded to the Offeror.

Signature of authorized Officer or Employee responsible for this submittal*

Typed Name and Title of the Officer or Employee*

Date* *Digital signature with information above is acceptable.