About this file

This is a Request for Quotation (RFQ) issued by Oak Ridge National Laboratory (ORNL), a Department of Energy laboratory managed by UT-Battelle, LLC, for analytical laboratory instrumentation equipment. The RFQ number is RFQSSPR474450, with a solicitation date of July 21, 2026. The required products include a Nanosurf DriveAFM system with motorized stage, noise isolation/mitigation components, glove-box integration kit, AFM cantilever starter package, DriveAFM Revision 2 upgrade, scanhead upgrade with direct QPD connection, accessories, and installation and training services with shipping and freight. The NAICS code is 334516 (Analytical Laboratory Instrument Manufacturing – 1000 Employees). This is not a small business set-aside. Questions must be submitted by July 28, 2026 at 2:00 PM Eastern, with proposals due by July 31, 2026 at 2:00 PM Eastern. The offer validity period is 120 days, and the anticipated subcontract period of performance is to be determined.

Award will be made on a Lowest Price Technically Acceptable (LPTA) basis to the responsible offeror submitting the lowest-priced offer meeting all specified requirements. Technical acceptability factors require: providing requested products per the Bill of Materials or domestic equivalents with no exceptions; identifying all foreign items with country of origin and associated tariffs; providing lead times for all items; and citing requested versus proposed equivalent part numbers for apples-to-apples comparison if equivalents are proposed. The subcontract type is anticipated to be Firm Fixed Price. Payment terms are Net 30 for large business or Net 15 for small business upon final acceptance, made via electronic funds transfer in U.S. dollars. The Procurement Officer is Scott Scarbrough (scarbroughws@ornl.gov). All proposals must be submitted in U.S. dollars and may be subject to government price audit. Offerors must complete Representations and Certifications (BSD-CS-2260) if the proposal exceeds $15,000 and submit them with their proposals.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

REQUEST FOR QUOTATION (RFQ)

RFQ No.: RFQSSPR474450

Request for Quotation: RFQSSPR474450 BSD-CS-2282 (Rev.2) October 1, 2025

REQUEST FOR QUOTATION (RFQ)

1. INTRODUCTION

Date: 07/21/2026 RFQ No.: RFQSSPR474450 RFQ Description: Nanosurf DriveAFM, DriveAFM Motorized Stage, Noise Isolation/Mitigation, Glove-Box Integration Kit, AFM Cantilever Starter Package, Nanosurf DriveAFM Revision 2, Upgrade Existing DriveAFM Scanhead with Direct QPD Connection, accessories/options, and Installation and Training with Shipping and Freight.

Offeror Name: TBD Offeror Address: TBD Attention POC: TBD Cc:

Subject: RFQ for ORNL Center for Nanophase Materials Sciences In Response Refer to: RFQSSPR474450

ORNL Procurement Officer: Scott Scarbrough Phone: N/A Email: scarbroughws@ornl.gov

Oak Ridge National Laboratory (ORNL) is a US Department of Energy (DOE) science and energy laboratory, conducting basic and applied research to deliver transformative solutions to compelling problems in energy and security. ORNL is managed and operated by UT- Battelle, LLC (Company). ORNL’s diverse capabilities span a broad range of scientific and engineering disciplines, enabling the Laboratory to explore fundamental science challenges and to carry out the research needed to accelerate the delivery of solutions to the marketplace.

The Company is pleased to invite your firm, herein referred to as “Offeror,” to submit a proposal in support of the subject effort, as outlined in the attached Statement of Work or Specification and/or Technical Direction attached.

The Company reserves the right to update this RFQ by amendment prior to date of award.

The Offeror’s proposal shall be prepared in accordance with the information provided in this RFQ. Specific responses to the Company’s requirements are necessary to enable the Company to evaluate Offeror’s understanding of and capability to accomplish the stated objectives. Throughout the proposal, the Offeror shall provide sufficient detail to substantiate the validity of all stated claims, comments, or positions. All proposed concepts must be shown to be technically feasible and achievable within the allotted time limitations, and all performance and schedule requirements must be shown to be realistic. The response shall correspond to the requirements of this RFQ, unless otherwise specified in writing by the Company. All Offerors are strongly encouraged to maintain an active registration in SAM.gov to facilitate verification of small business status and eligibility.

2. RFQ INFORMATION

Solicitation Number: RFQSSPR474450 Questions Due By: 07/28/2026 at 2:00 PM Eastern Offers Due By: 07/31/2026 at 2:00 PM Eastern Offer Validity Period: 120 days NAICS Code: 334516 – Analytical Laboratory Instrument Manufacturing – 1000

Employees Subcontract Type Anticipated: Firm Fixed Price Small Business Set-Aside: No Description of Supplies/Services Sought: Nanosurf DriveAFM, DriveAFM Motorized Stage, Noise

Isolation/Mitigation, Glove-Box Integration Kit, AFM Cantilever Starter Package, Nanosurf DriveAFM Revision 2, Upgrade Existing DriveAFM Scanhead with Direct QPD Connection, accessories/options, and Installation and Training with Shipping and Freight.

Anticipated Subcontract Period of Performance: To Be Determined mailto:scarbroughws@ornl.gov

BSD-CS-2282 (Rev.2) October 1, 2025

3. LIST OF RFQ ATTACHMENTS

Attachment No. Description Document Title (Date/Revision)

Attachment A Bill of Materials Bill of Materials for RFQSSPR474450 N/A

Attachment B ORNL Terms and Conditions

Terms and Conditions – Commercial Products and Services – BSD-CS-2146

January 13, 2026

Attachment C Prime Contract T&C Flow Downs

UT-Battelle Prime Supplemental Flowdown Document: Additional Terms and Conditions for Subcontracts/Purchase Orders Under Prime Contract No. DE-AC05-

00OR22725 (07/06/2026)

July 06, 2026

Attachment D Representations and Certifications

Representations & Certifications – Abbreviated (BSD-CS-2260)

March 09, 2026

Attachment E Cert-Exemption from SCLS- Certain Services

Certification-Exemption-from-SCLS-Certain- Services-BSD-CS-2049-08.20.2025

August 20, 2025

Attachment F Commercial Computer Software Commercial Computer Software N/A

Attachment G Activity Hazard Analysis ORNL Activity Hazard Analysis (AHA) Blank Form (Rev 2 04-15-2025)

April 15, 2025

4. BILL OF MATERIALS

Reference Attachment A_Bill of Materials for RFQSSPR474450

5. PROPOSAL PREPARATION

Preparation of Offers. (a) Offerors are expected to examine the drawings, specifications, descriptions, terms and conditions, and all instructions. Failure to do so will be at the Offeror's risk. (b) Each Offeror shall furnish the information required by the solicitation.

The Offeror shall sign the offer. Erasures or other changes must be initialed by the person signing the offer. (c) Unit price for each unit offered shall be shown and such price shall include packing and shipping materials unless otherwise specified. A total price shall be entered for each item offered. Any tariffs shall be expressly stated and priced separately. In case of discrepancy between a unit price and total price, the unit price will be presumed to be correct. (d) Offeror must state a definite time for delivery of supplies or performance of services unless otherwise specified in the solicitation. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays unless offeror expressly states offer is in business days. (e) Offers in strict accordance with the solicitation are desired. Any exceptions should be referenced to related documents by title, page, and paragraph, and should be set forth in detail.

(f) This request does not commit Company to pay for any costs incurred in the preparation and submission of an offer or for any other costs incurred prior to the execution of an Agreement.

Explanation to Prospective Offerors. Any explanation desired by a prospective Offeror regarding the meaning or interpretation of the solicitation, drawings, specification, etc., must be requested with sufficient time allowed for a reply to reach all prospective Offerors before submission of their offers. Any information given to a prospective Offeror will be furnished to all prospective Offerors if such information is necessary in submitting offers or if the lack of such information would be prejudicial to any other prospective Offerors.

Proposal Format. Offeror is requested to submit their proposal in MS Excel, MS Word, or PDF formats. Proposals must be submitted on the forms furnished by the Company. If no form is provided, Offeror may submit their proposal in a format of their choosing.

https://contracts.ornl.gov/terms-and-conditions/ https://contracts.ornl.gov/terms-and-conditions/ https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/wp-content/uploads/2026/07/Prime-Flowdown-Clauses-BSD-CS-2258-07.06.2026.pdf https://contracts.ornl.gov/wp-content/uploads/2026/07/Prime-Flowdown-Clauses-BSD-CS-2258-07.06.2026.pdf https://contracts.ornl.gov/wp-content/uploads/2026/07/Prime-Flowdown-Clauses-BSD-CS-2258-07.06.2026.pdf https://contracts.ornl.gov/wp-content/uploads/2026/07/Prime-Flowdown-Clauses-BSD-CS-2258-07.06.2026.pdf https://contracts.ornl.gov/wp-content/uploads/2026/07/Prime-Flowdown-Clauses-BSD-CS-2258-07.06.2026.pdf

Contractual / Administrative Authority. No direction to proceed or other instruction to begin work shall be binding upon Company except when specifically issued and confirmed in writing by Company Procurement Officer. Offeror’s acceptance of, or reliance upon any direction to proceed or other instruction by Company’s technical personnel, or other representatives not specifically authorized to issue formal purchase order commitments, shall be at Offeror’s own risk and shall not constitute a binding purchase commitment upon Company.

Acknowledgement of Amendments. Receipt of an amendment to a solicitation must be acknowledged in writing.

Proposal Contact. Any questions regarding any portion of this RFQ must be coordinated through the Company’s Procurement Officer, identified as Company’s Contact in the Introduction. No written or verbal correspondence will be permitted with any other member of the Company without coordination through the Company’s Procurement Officer. Failure to comply with this requirement may result in the Offeror’s disqualification from consideration for award. The Company is open to proposal clarification questions/discussions in regard to this RFQ via the email address or telephone number provided in the Introduction.

Omissions. It shall be clearly understood that, not-withstanding the detailed requirements contained herein, it is the Offeror’s responsibility to identify and quote any aspect or area which may have been omitted in this RFQ and which will nevertheless be necessary to meet the general requirements of the defined effort.

Opportunity for Enhancement. In the interest of cost effectiveness, the Offeror is encouraged to identify and propose alternatives to specifications that, in its judgment, may offer limited value in consideration of cost or price. Further, the Offeror is invited to suggest practical performance incentives that may be introduced to the advantage of both Offeror and Company.

Proposal Acceptance. The Company reserves the right to (a) consider proposals or modifications to proposals received after the due date should such action be determined to be in the best interest of Company or its customer, and/or (b) make award without written or oral discussion.

Affordability. This effort is in support of the U.S. Government, who has a vital mission and constrained resources, and it is incumbent upon industry to provide our customer with high quality and affordable solutions. The Company considers this challenge to be a major discriminator in our proven performance and demonstrated value to our customers. The Company has developed a number of initiatives to drive value for our customer, and we expect our partners in our supply chain to do the same. It is requested as part of your proposal in response to this RFQ that you articulate and demonstrate specifics in your offer that are affordable and meet or exceed all technical and schedule requirements. Your response to these criteria will be an element of the proposal evaluation and award decision process.

Payment. Payment shall be made by electronic funds transfer (EFT). EFT enrollment shall be completed during the Ariba registration process.

Discounts. Prompt payment discounts will be included in the evaluation of offers, provided the period of the offered discount is sufficient to permit payments within such period in the regular course of business under the delivery, inspection, and payment provisions of the solicitation.

Rights to Technical Data in Successful Proposals. Should an Agreement be awarded based on a proposal, it is policy, in consideration of the award, to obtain unlimited rights for the Government in technical data (but not commercial or financial information) contained in a successful proposal upon which award of an Agreement is based. To exclude technical data contained in a proposal from the Government’s rights, the offer must:

(1) Advise the Company that the technical data, or portions thereof that are identified by the Offeror, are covered by the restrictive notice regarding the disclosure and use of proposal information in accordance with the provision of this RFQ entitled Treatment of Offer Information and request that such protection be maintained by excluding the data from the Government’s rights; or

(2) Establish to the Company’s satisfaction that identified portions of the technical data do not relate directly to or will not be utilized in the work to be performed under the Agreement, and request that such portions be excluded from the Government’s rights.

BSD-CS-2282 (Rev.2) October 1, 2025

If unlimited rights to technical data in successful proposals, as set forth in the first paragraph of this section are to be acquired, it shall be by use of the clause below titled, “Rights to Proposal Data (Technical).” Any excluded technical data will be identified by inserting appropriate proposal page numbers in the clause, which clause enables the identification of data to be excluded from the Government’s rights, as discussed in the first paragraph of this section. Such exclusion is not dispositive of the protective status of the data, but any excluded technical data, as well as any commercial and financial information contained in the proposal, will be used for evaluation purposes only. If there is a need to have access to any of the excluded technical data during contract performance, their acquisition will be as limited rights data, if they so qualify, in accordance with FAR 27.404-1(d).

Rights to Proposal Data (Technical)

Except for data contained on pages _______, it is agreed that as a condition of the award of this subcontract and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the “Rights in Data – General” clause contained in this subcontract in and to the technical data contained in the proposal dated, _______, upon which this subcontract is based.

Government-Furnished Property. No material, labor, or facilities will be furnished by the Company or the Government unless otherwise provided in the solicitation.

Award of Subcontract. (a) Unless specified otherwise elsewhere in this solicitation, the Agreement will be awarded to the responsible Offeror whose offer represents the best value, total cost and/or price of the acquisition and other factors considered.

(b) The Company reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received.

(c) Except as may otherwise be provided in the solicitation, the Company may accept any item or group of items of any offer, unless the Offeror qualifies the offer by specific limitations.

(d) The Company may accept within the time specified therein, any offer (or part thereof, as provided in (c) above), whether or not there are negotiations subsequent to its receipt, unless the offer is withdrawn by written notice received by the Company prior to award. If subsequent negotiations are conducted, they shall not constitute a rejection or counteroffer on the part of the Company.

(e) It is the Company’s intent to award based on initial offers. Accordingly, each offer should be submitted on the most favorable terms, from a price and technical standpoint that the Offeror can submit. However, the Company may allow for proposal revisions if the Company deems it necessary.

Brand Name or Equal. (a) If items called for by this solicitation have been identified by a "brand name or equal" description (including identification of products by make and model), such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be considered satisfactory. Offers proposing "equal" products (including products of the brand name manufacturer other than the one described by the brand name) will be considered for award if such products are clearly identified in the offer and are determined by the Company to meet fully the salient characteristics’ requirements listed in the solicitation.

(b) Unless the Offeror clearly indicates in the offer that it is offering an "equal" product, the offer shall be considered as offering the brand name product referenced in the solicitation.

(c)(1) If the Offeror proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be clearly identified in the offer. The evaluation of offers and the determination as to equality of the product offered shall be the responsibility of the Company and will be based on information furnished by the Offeror.

CAUTION TO OFFERORS: The Company is not responsible for locating or securing any information that is not furnished with the offer. Accordingly, the Offeror must furnish as part of the offer all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the Company to (i) determine whether the product offered meets the salient characteristics’ requirements of the solicitation, and (ii) establish exactly what the Company would be binding itself to purchase by making an offer.

(2) If the Offeror proposes to modify a product to make it conform to the requirements of the solicitation, it shall (i) include in the offer a clear description of such proposed modifications and (ii) clearly mark any descriptive material to show the proposed modifications.

Unbalanced Pricing. The Company may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items and option items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. An offer may be rejected if the Company determines that the lack of balance poses an unacceptable risk to the Company.

Treatment of Offer Information. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Company or the Government except for evaluation purposes, shall:

(a) Mark the title page with the following legend:

This proposal includes information that shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, an Agreement is awarded to this Offeror as a result of—or in connection with—the submission of this information, the Company and the Government shall have the right to duplicate, use, or disclose the information to the extent provided in the resulting Agreement. This restriction does not limit the Company’s and the Government's right to use information contained in this information if it is obtained from another source without restriction. The information subject to this restriction are contained in pages [insert numbers or other identification of pages]; and

(b) Mark each page of information it wishes to restrict with the following legend:

Use or disclosure of information contained on this page is subject to the restriction on the title page of this proposal.

Company Profile. Provide a company profile to include business classification (e.g. Large, Small, Disadvantaged, etc.).

Signing Authority. Provide the names, positions, email address, and phone numbers of persons authorized to negotiate this proposal, contractually commit the Offeror, or persons to be contacted for clarification or questions.

Proposal Validity. Unless otherwise stated in the Offeror’s proposal, the Offeror’s proposal shall be valid for 120 calendar days.

FOB and Shipping Terms. FOB Destination for domestic shipments. The preferred terms for international shipments are Delivered at Place (DAP). Do not insure shipments.

Offeror Business Information. Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. Identify “parent company” or “sponsoring corporation” name, also provide such identity as appropriate.

Subcontract Type. Identify proposed subcontract type if other than the anticipated subcontract type located in Attachment B: ORNL Terms and Conditions.

Options. Company shall have the option to purchase additional quantities of items or services described in the Statement of Work/Specifications. The Offeror should include any option prices in the appropriate area of the RFQ. It should be understood by the Offeror that the Company may not exercise any or all options which are not included in the base award.

The award may be made by the Company for the initial quantity only. It is important that the foregoing be considered by the Offeror in preparing and submitting separate prices for the initial order quantity and for each individual option. Offers will be evaluated for purposes of award by adding the total price for all option quantities to the total price for the initial quantity. Evaluation of options will not obligate the Company to exercise the option(s).

Withdrawal of Offers. Offers may be withdrawn by written notice received by the Procurement Officer at any time before award.

Proposal Package. A complete proposal package consists of the following elements:

BSD-CS-2282 (Rev.2) October 1, 2025

Proposal Exceptions/Non-Compliance Conditions of Proposal / Assumptions Supplementary Requirements

PROPOSAL REQUIREMENTS:

All proposals shall be submitted in U.S. Dollars (USD). The Offeror may submit their pricing information in their own format.

This proposal may be subject to a government price audit.

Schedule. Provide a schedule for the delivery of items specified in Attachment A_Bill of Materials for RFQSSPR474450. Schedules shall be shown in terms of calendar days from the date of authorization to proceed or, where applicable, from the date of a stated event, for example, receipt of a required approval by the Company. Unless the request for proposal indicates that the stipulated schedules are mandatory, they shall be treated as desired or recommended schedules. In this event, proposals based upon the Offeror's best alternative schedule, involving no overtime, extra shift or other premium, will be accepted for consideration.

EXCEPTIONS/NON-COMPLIANCE:

Exception(s) to or non-compliance with any portion of this RFQ shall be clearly identified in a separate Exceptions/Non- Compliance section referencing the specific document, page, paragraph, and item. Exceptions identified in the Offeror’s Proposal need not be restated in this section. You are required to explain the reason(s) for the non-compliance and identify any alternate solutions to achieve compliance. Any exceptions that are taken to the provisions of this RFQ will be considered in evaluating the Offeror’s proposal and may result in your offer being deemed non-responsive. The absence of a proposal section entitled “Exceptions/Non-Compliance” or a statement indicating “no exceptions are taken” implies complete and unequivocal acceptance of all requirements, terms, and conditions.

CONDITIONS OF PROPOSAL/ASSUMPTIONS:

The Offeror shall identify any conditions and/or assumptions of its proposal in a separate Conditions of Proposal/Assumptions section. The Offeror shall include a list of any Company/Government equipment and/or information needed as a condition of performance. Offeror shall include its assertion of Limited or Restricted Rights in Data and/or Software.

SUPPLEMENTARY REQUIREMENTS:

Representations and Certifications – Abbreviated. If your proposal exceeds $15,000, Offeror must complete and return a copy of the Representations and Certifications – Abbreviated (BSD-CS-2260) form, a copy of which can be found here:

https://contracts.ornl.gov/special-articles-and-forms/.

Organizational Conflicts of Interest. If your proposal exceeds $15,000 and the Special Provisions section of this RFQ includes the "Organizational Conflicts of Interest" clause, the statement required by paragraph (c) of the provision entitled "Organizational Conflicts of Interest Disclosure - Advisory and Assistance Services," is made a part of this RFQ. A copy of these OCI disclosure statement requirements for Advisory and Assistance Services can be found here: https://contracts.ornl.gov/special-articles-and-forms/.

Foreign End Products. The Offeror shall list as foreign end products those end products that are manufactured outside of the United States that do not qualify as domestic end products. List all foreign end products proposed and their country of origin.

6. COMPETITION

This RFQ is being issued on a competitive basis. The Company intends to make one award.

Access to ORNL Site. Vendor personnel may come onto the ORNL site only if they have a current ORNL badge or a visitor's pass.

Persons who need visitors' passes to deliver offers or participate in site visits must provide their e-mail address to the Procurement Officer on a workday at least 24 hours in advance. The Site Administrator will send a link to a secure portal (via-email) where vendor https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/special-articles-and-forms/

BSD-CS-2282 (Rev.2) October 1, 2025 personnel provide the following information: (i) Full name, (ii) employer, (iii) social security number, (iv) date of birth, (v) gender and

(vi) country of citizenship. Visitors' passes must be picked up at the Visitor Center, Building 5200. Government issued photo identification is required.

Questions. Questions concerning this RFQ must be submitted in writing, via email, to the Procurement Officer listed in the Introduction of this RFQ by no later than 2:00 PM Eastern on July 28, 2026. Information given to one prospective offeror will be furnished to all prospective offerors if a lack of the information would be prejudicial to them.

7. BASIS OF AWARD

Basis of Award – Lowest Price Technically Acceptable (LPTA). An award resulting from this solicitation will be made to the responsible offeror submitting the lowest-priced offer that meets all specified requirements. Offers will be evaluated for technical acceptability under each of the factors listed below. An offer that is evaluated as unacceptable under any factor will not be considered for award. In your proposal, please clearly document how your offer meets or exceeds the below listed acceptability factors. Note and explain any deviation from the specifications. Make specific written response to items that cannot be met as specified in the specifications.

Technical Acceptability Factors:

1. Provide the requested products per Attachment A_ Bill of Materials for RFQSSPR474450 or Domestic Equivalents with no exceptions.

2. The Proposal shall identify all foreign items listed in Attachment A_Bill of Materials for RFQSSPR474450 and shall state the country of origin for each such item and any associated Tariffs, with no exceptions.

3. The Proposal shall contain the lead-time for all items in Attachment A_ Bill of Materials for RFQSSPR474450.

4. If equivalents are proposed, the requested part number listed in Attachment A_Bill of Materials for RFQSSPR474450 shall be cited alongside the proposed equivalent part number for each item, to enable an apples-to-apples comparison.

8. SPECIAL PROVISIONS:

Organizational Conflicts of Interest Disclosure—Advisory and Assistance Services Jan 2006

FAR 52.211-6 Brand Name or Equal shall apply

Electrical - Post Receipt Field Evaluation (July 22, 2019):

For electrical equipment, assemblies or items that are not NRTL listed or field evaluated by an OSHA Recognized NRTL (https://www.osha.gov/dts/otpca/nrtl/), the Seller shall provide documentation to assist the Company with safety inspections and evaluations of the equipment, assembly or item. Documentation shall be submitted with the equipment and shall include the following: 1. Schematics and/or elementary diagrams. 2. Wiring diagrams, if applicable. 3. Detailed results of factory tests.

Certificates of compliance or conformity alone are not acceptable. 4. Operating instructions. The Company will use the submitted information to conduct a post-receipt safety evaluation of the equipment, assembly or item against appropriate code(s) and standard(s). The Company may reject the equipment, assembly or item if the Company concludes that it does not satisfy requirements of the applicable code(s) or standard(s).

TAXES—FIXED PRICE (July 2006) FEDERAL, STATE, AND LOCAL TAXES

(a) Definitions. As used throughout this clause, the following terms shall have the meaning set forth below: (1) The term "direct tax" means any tax or duty directly applicable to the completed supplies or services covered by this Agreement, or any other tax or duty from which the Seller or this transaction is exempt. It includes any tax or duty directly applicable to the importation, production, processing, manufacture, construction, sale, or use of such supplies or services; it also includes any tax levied on, with respect to, or measured by sales, receipt from sales, or use of the supplies or services covered by this Agreement. The term does not include transportation taxes, unemployment compensation taxes, social security taxes, income taxes, excess-profits taxes, capital stock taxes, property taxes, and such other taxes as are not within the definition of the term "direct tax" as set forth above in this paragraph. (2) The term "Agreement date" means the effective date of this Agreement if it is a negotiated subcontract, or the date

BSD-CS-2282 (Rev.2) October 1, 2025 set for the opening of bids if it is an Agreement entered into as a result of formal advertising. (b) Federal Taxes. Except as may be otherwise provided in this Agreement, the Agreement price includes all applicable Federal taxes in effect on the Agreement date. (c) State or Local Taxes. Except as may be otherwise provided in this Agreement, the Agreement price does not include any State or local direct tax in effect on the Agreement date. (d) Evidence of Exemption. The Company agrees, upon request of the Seller, to furnish a tax exemption certificate or other similar evidence of exemption with respect to any direct tax not included in the Agreement price pursuant to this clause; and the Seller agrees, in the event of the refusal of the applicable taxing authority to accept such evidence of exemption, (1) promptly to notify the Company of such refusal, (2) to cause the tax in question to be paid in such manner as to preserve all rights to refund thereof, and (3) if so directed by the Company to take all necessary action, in cooperation with and for the benefit of the Government, to secure a refund of such tax (in which event the Company agrees to reimburse the Seller for any and all reasonable expenses incurred at its direction). (e) Price Adjustment. If, after the Agreement date, the Federal Government or any State or local Government either (1) imposes or increases (or removes an exemption with respect to) any direct tax, or any tax directly applicable to the materials or components used in the manufacture or furnishing of the completed supplies or services covered by this Agreement, or (2) refuses to accept the evidence of exemption, furnished under paragraph (d), hereof, with respect to any direct tax excluded from the Agreement price, and if under either (1) or (2) the Seller is obliged to and does pay or bear the burden of any such tax (and does not secure a refund thereof), the Agreement price shall be correspondingly increased. If, after the Agreement date, the Seller is relieved in whole or in part from the payment or the burden of any direct tax included in the Agreement price, or any tax directly applicable to the materials or components used in the manufacture or furnishing of the completed supplies or services covered by this Agreement, the Seller agrees promptly to notify the Company of such relief, and the Agreement price shall be correspondingly decreased or the amount of such relief paid over to the Company for the benefit of the Government. Invoices or vouchers covering any increase or decrease in the Agreement price pursuant to the provisions of this paragraph shall state the amount thereof, as a separate added or deducted item, and shall identify the particular tax imposed, increased, eliminated, or decreased. (f) Refund or Drawback. If any tax or duty has been included in the Agreement price or the price as adjusted under paragraph (e) of this clause, and if the Seller is entitled to a refund or drawback by reason of the export or re-export of supplies covered by this Agreement, or of materials or components used in the manufacture or furnishing of the completed supplies or services covered by this Agreement, the Seller agrees that he will promptly notify the Company thereof and that the amount of any such refund or drawback obtained will be paid over to the Company for the benefit of the Government or credited against amounts due from the Company under this Agreement; provided, however, that the Seller shall not be required to apply for such refund or drawback unless so requested by the Company.

9. PAYMENT TERMS

Payment terms are Net 30 (Large Business) or Net 15 (Small Business) days upon final acceptance of the product/service. All payments will be made in U.S. Dollars (USD). Payment shall be made by electronic funds transfer.

10. CLOSING

Should additional information be required on any of these requests please do not hesitate to contact the undersigned Procurement Officer below.

Sincerely, Scott Scarbrough Phone: N/A Email: scarbroughws@ornl.gov

File details come from the government source that posted it. Updated .