RFP A24-0684 High Temperature Mechanical Tensile and Fatigue Tester with all appendices.pdf

Ames National Laboratory is operated by Iowa State University for the U.S. Department of Energy.

TRANSMITTAL LETTER

SOLICITATION FOR COMMERCIAL ITEMS OR COMMERCIAL SERVICES (>SAT)

DATE: 11/21/2023 Sent via email from

AMES NATIONAL LABORATORY

PROCUREMENT OFFICE

211 TASF, 2408 PAMMEL DR

AMES, IA 50011-2408

www.ameslab.gov

TO: ALL OFFERORS

SUBJECT: Request for Proposal (RFP) No. A24-0684

Dear Sir or Madame:

Ames Laboratory (referred to as “AmesLab” or the “Laboratory”), operated by Iowa State University (ISU) under Prime Contract DE-AC02-07CH11358, as amended, with the U.S. Department of Energy (DOE), is seeking to acquire the goods or services described in this RFP. Your firm is invited to participate in this solicitation by submitting a written proposal pursuant to the instructions outlined herein.

Below are procurement milestone dates pertaining to subject solicitation:

Procurement Event

Due date & time

(ALL TIME LISTED ARE CENTRAL TIME ZONE)

Cut-off Date for Questions. Questions regarding the solicitation shall be submitted via email to the Procurement Agent no later than:

12/1/2023 by 11:00 AM

Proposal Submission Due Date. Proposals shall be submitted via email to the Procurement Agent no later than:

12/8/2023 by 4:00 PM

Anticipated award date of Purchase Order is: 12/15/2023

Please review all attachments to this solicitation and follow the proposal instructions before you submit your offer.

UNDER NO CIRCUMSTANCES SHOULD OFFERORS DIRECTLY CONTACT ANYONE OTHER THAN THE

PROCUREMENT AGENT OR HIS/HER DESIGNEE REGARDING THIS SOLICITATION.

Sincerely, Kristie Romsdahl Procurement Agent http://www.ameslab.gov/

AMES LABORATORY SOLICITATION FOR COMMERCIAL ITEMS OR COMMERCIAL SERVICES (>SAT)

Form 48300.070 Procurement

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1. SOLICITATION NO. 2. SOL. ISSUE DATE 3. PROCUREMENT AGENT 3.a. EMAIL ADDRESS 3.b. PHONE NO.

A24-0684 11/21/2023 Kristie Romsdahl romsdahl@ameslab.gov 515-294-3406

4. PROJECT TITLE 5. OFFER DUE DATE / LOCAL TIME

High Temperature Mechanical Tensile and Fatigue Tester 12/8/2023 / 4:00pm

6. DELIVER TO FOR LTL/CONTAINER FREIGHT 6.a. DELIVERY TO FOR SMALL PACKAGES 7. THIS ACQUISITION IS UNRESTRICTED

Ames Laboratory Warehouse

2437 Kooser Dr

Ames, IA 50011-3608

Ames Laboratory Spedding Hall Dock

2416 Pammel Dr

Ames, IA 50011-2416

Open Competition

7.a. UNRESTRICTED (APPLIES IF CHECKED IN BLOCK 7.) 7.b. NAICS CODE AND SMALL BUSINESS SIZE STANDARD

This solicitation is conducted using full and open competition. Offerors are expected to use small businesses and all classifications of small minority businesses including ANCs and Indian Tribes (SB), veteran-owned small business (VOB), service-disabled veteran-owned small business (SDVOB), HUBZone small business (HUB), small disadvantaged business including ANCs and Indian

Tribes (SDB), women-owned small business

(WOSB), as sub-subcontractors to the maximum extent consistent with effective contract performance.

NAICS Code: 334516 SB Size Standard: 1000

The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees or less if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

8. EDUCATIONAL DISCOUNTS

ISU manages and operates AmesLab for the DOE as a prime contractor under DOE Contract# DE-AC02-07CH11358 (Prime Contract).

AmesLab is not a separate legal entity from ISU. ISU manages and operates AmesLab as a single, integrated, autonomous entity.

The relationship between ISU and the Laboratory is not a contractor – affiliated source relationship. Therefore, offerors are advised that AmesLab is eligible to receive educational discounted pricing.

9. AUTHORIZATION TO UTILIZE GOVERNMENT SOURCES

Offerors are advised that the Laboratory is also authorized by the Government (Department of Energy) to purchase from GSA

Federal Supply Schedules (FSS), NASA SEWP contract holders. Therefore, offerors may propose discounted pricing off their contracts held with these agencies.

Additionally, the Laboratory may place orders against DOE Integrated Contractor Purchasing Team (ICPT) agreements and agreements awarded by the Supply Chain Management Center (SCMC). If your firm has an active ICPT Basic Ordering Agreement

(BOA) or SCMS BOA for the supplies or services under this solicitation, please provide the Agreement No., and pricing information in your submission of offer.

10. NUMBER OF AWARDS PLANNED

The Laboratory intends to award one Purchase Order(s) resulting from this solicitation to that offeror whose offer conforming to the solicitation will be most advantageous to the Laboratory, the best value, price, and other factors as specified, considered.

11. OFFER ACCEPTANCE PERIOD

“Acceptance period,” as used in this provision, means the number of calendar days available to the Laboratory for awarding a Purchase Order from the date specified in this solicitation for receipt of offers. The Laboratory requires a minimum acceptance period of 45 calendar days. An offer allowing less than the Laboratory’s minimum acceptance period may be rejected.

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12. EXCEPTIONS TO TERMS AND CONDITIONS

Offerors MUST agree to the Laboratory's terms and conditions or state any exceptions to the terms and conditions within your proposal response. No further objections to the Laboratory's terms and conditions may be made after a proposal is submitted.

Offerors understand and agree that by submitting a proposal, they are indicating acceptance of all Ames Laboratory Terms and Conditions, as identified as attachments to this solicitation, unless such a declaration is made in advance.

The Laboratory cautions Offerors that taking exceptions to any term or condition of this solicitation (including submitting any alternate proposals that requires relaxation of a requirement) may make an offer unacceptable. The Laboratory reserves the sole discretion to consider exceptions to terms and conditions or to reject any exceptions. All exceptions must be submitted with the

Offeror’s proposal.

13. DISCUSSIONS 14. FIRM’S AUTHORIZED OFFICIAL

The Laboratory may evaluate offers and award a Purchase Order without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. Discussions may be conducted if the Laboratory determines they are necessary. The

Laboratory may reject any or all offers if such action is in the best interest of the Laboratory; accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

The offeror’s proposal must be signed by an official authorized to bind your organization and must stipulate that it is predicated upon all the terms and conditions of this RFP. Offeror shall appoint and list a single point of contact for negotiations and

Purchase Order administration once the agreement is awarded.

15. SUBMISSION OF OFFERS

Submit signed and dated offers to the Procurement Agent’s email address listed in Block 3., above, at or before the exact time specified in Block 5. Offers shall be submitted on your company’s letterhead stationery and, as a minimum, must show—

✔ 1. The solicitation number;

✔ 2. The time specified in the solicitation for receipt of offers;

✔ 3. The name, address, and telephone number of the offeror;

✔ 4. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

✔ 5. Terms of any express warranty;

✔ 6. Price Schedule and any discount terms;

✔ 7. “Remit to” address, if different than mailing address;

✔ 8. A completed copy of the attached Representations and Certifications;

✔ 9. A copy of Offeror’s W-9 or W-8 BEN;

✔ 10. A statement indicating if the products under this solicitation are export controlled, and, if so, the Export Control

Classification Number (ECCN);

✔ 11. Acknowledgement of Solicitation Amendments (if any);

✔ 12. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation including payment terms of net 30 upon installation and acceptance, as well as shipping terms of FOB destination or DDP/DAP.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration;

✔ 13. ICPT BOA, SCMS BOA, GSA FSS, or NASA SEWP contract number and pricing information, if applicable; and

✔ 14. A statement specifying that “Supplier Name [Offeror] agrees that Ames Laboratory may accept this offer up to the specified days in Block 11 (or specify longer) calendar days from the date of submission of this offer”.

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16. PRODUCT SAMPLES

When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

17. ALTERNATIVE OFFERS

☐ If checked, offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items, or alternative commercial products or commercial services for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

17.a. ALTERNATIVE LINE ITEM PROPOSAL (APPLIES IF BLOCK 17. IS CHECKED)

(a) The Laboratory recognizes that the line items established in this solicitation may not conform to the Offeror’s practices.

Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting Purchase Order is economically and administratively advantageous to the Laboratory and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Laboratory. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

18. LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS

(a) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Laboratory’s

Procurement Agent designated in the solicitation by the time specified in the solicitation.

(b) Late Offers.

i. Any offer, modification, revision, or withdrawal of an offer received by the Procurement Agent designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made; the Procurement Agent determines that accepting the late offer would not unduly delay the acquisition; and-

1. If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Procurement Agent not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

2. There is acceptable evidence to establish that it was received by the Procurement Agent designated for receipt of offers and was under the Laboratory’s control prior to the time set for receipt of offers; or

3. If this solicitation is a request for proposals, it was the only proposal received.

ii. However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Laboratory, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Laboratory includes documentary evidence of receipt maintained by the Laboratory, or oral testimony or statements of Laboratory personnel.

(d) If an emergency or unanticipated event interrupts normal Laboratory processes so that offers cannot be received by the

Procurement Agent designated for receipt of offers by the exact time specified in the solicitation, and urgent Laboratory requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Laboratory processes resume.

(e) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the withdrawal of the offer.

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19. TYPE OF CONTRACT 19.a. ALTERNATE CONTRACT TYPE

The Laboratory plans to award a Firm Fixed Price Purchase Order under this solicitation, and all proposals must be submitted on this basis.

Alternate proposals based on other contract types will ☐ will not ☒ be considered.

20. BRAND NAME OR EQUAL

☐ If checked —

(a) One or more items called for by this solicitation have been identified by a brand-name-or-equal product description. Proposals offering equal products will be considered for award if these products are clearly identified and are determined by the

Laboratory to contain all of the essential characteristics of the brand-name products referenced in the solicitation.

(b) Unless the offeror clearly indicates in the proposal that the proposal is for an equal product, the proposal will be considered as offering a brand-name product referenced in the solicitation.

(c) If the offeror proposes to furnish an equal product, the brand name and model or catalog number, if any, of the product to be furnished must be inserted in the space provided in the solicitation. The evaluation of proposals and the determination as to equality of the product offered will be based on information furnished by the offeror or identified in the proposal, as well as other information reasonably available to the Laboratory. The Laboratory is not responsible for locating or obtaining any information not identified in the proposal and reasonably available to the Laboratory. Accordingly, to ensure that sufficient information is available, the offeror must furnish as a part of the proposal:

(1) All descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the Laboratory to establish exactly what the offeror proposes to furnish and to determine whether the product offered meets the requirements of the solicitation; or

(2) Specific references to information previously furnished or to information otherwise available to the Laboratory to permit a determination as to equality of the product offered.

(d) If the offeror proposes to modify a product so as to make it conform to the requirements of the solicitation, the offeror must:

(1) Include in the proposal a clear description of the proposed modifications; and

(2) Clearly mark any descriptive material to show the proposed modifications.

21. MULTIPLE LINE ITEM AWARDS 22. WARRANTY INFORMATION

The Laboratory may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Pricing Schedule, offers may not be submitted for quantities less than those specified. The Laboratory reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

Offerors are encouraged to submit information on any standard commercial warranties provided for offered products. The Laboratory will consider these warranties in determining the most advantageous proposal, to the extent provided in the evaluation factors.

23. CREDIT CARD ORDER ACCEPTANCE REQUIREMENTS

☐ If checked, The Laboratory intends to place credit card orders, using an authorized Ames Laboratory credit card, under the ordering agreement or purchase order resulting from this solicitation. Any supplier entering into an ordering agreement or awarded a purchase order as a result of this solicitation must have the capability to accept orders made with such a credit card.

24. AVAILABILITY OF FUNDS

Funds are available up to the Laboratory’s approved budget amount. In the event offerors’ pricing exceeds the Laboratory’s funding limitation, this solicitation may be cancelled.

25. BASIS FOR AWARD/EVALUATION

☒ Lowest Price, Technically Acceptable (LPTA).

(a) Basis for award will be LPTA with selection of the technically acceptable proposal with the lowest evaluated price. The

Laboratory will evaluate proposals for technical acceptability using the non-cost/price factors in section (b). Below are the ratings for LPTA:

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Technical Acceptable / Unacceptable Rating Method

Rating Description

Acceptable Quotation meets the requirements of this solicitation

Unacceptable Quotation does not meet the requirements of this solicitation.

(b) The non-cost evaluation factors that establish the requirements of technical acceptability are as shown below:

1. Non-Cost Factor: Capabilities from Specifications (Appendix C)

2. Non-Cost Factor: Lead Time – delivery within 12 months of award

26. OPTIONS

There are no options in this solicitation.

27. NOTICE OF AWARD

Notice of Award. The Laboratory may accept an offer (or part of an offer), whether or not there are discussions after its receipt, before an offer’s specified expiration time, unless a written notice of withdrawal is received before award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, will result in a binding Purchase Order without further action by either party.

28. PROPOSAL PREPARATION COST

This solicitation does not commit the Laboratory to pay any cost for the preparation and submission of a response to this RFP.

29. SOLICITATION ATTACHMENTS

1. Appendix A – Commercial Terms and Conditions (Form 48300.054) dated 7/28/2021

2. Appendix A-1 – Special Clause – FAR 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct

2021)(Deviation)

3. Appendix B – Work By Contractors at Ames Laboratory – Supplemental Conditions dated 6/2019

4. Appendix C – Specifications (dated 11/2023)

5. Appendix D-9 – Intellectual Property Provisions, Commercial Supplies and Services Requiring Delivery of Data, Rev 0, Dated

06/24/2021 (FORM 48300.059)

6. Appendix E – Representations and Certifications

Form 48300.054

Revision 0, 07-28-2021

APPENDIX A

Terms and Conditions – Firm-Fixed Price

(Commercial Items & Services)

TABLE OF CONTENTS

CLAUSE 1 - ACCEPTANCE (AMES LAB) (JUN 2019) 2

CLAUSE 2 - DEFINITIONS (MAR 2021) 2

CLAUSE 3 - ORDER OF PRECEDENCE (MAR 2021) 2

CLAUSE 4 – FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) [DEVIATION JUN 2020)] 2

CLAUSE 5 - FAR 52.225-1 BUY AMERICAN —SUPPLIES (JAN 2021) (MODIFIED BY DEAR 970.2570) 2

CLAUSE 6 – FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)[(DEVIATION APR 2020)] 3

CLAUSE 7 - FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020) 3

CLAUSE 8 - FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001) 3

CLAUSE 9 - WARRANTY OF SUPPLIES (AMESLAB MAY 2019) 4

CLAUSE 10 – ELECTRONIC SIGNATURES (AMESLAB MAY 2019) 4

CLAUSE 11 – EMPLOYEE CONCERNS PROGRAM (BASED ON DOE O 442.1B) (AMESLAB SEP 2019) 4

CLAUSE 12 – GOVERNMENTAL IMMUNITY (AMESLAB MAY 2019) 4

CLAUSE 13 – CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (AMESLAB JUN 2015) 4

CLAUSE 14 – QUALITY ASSURANCE (AMESLAB JUNE 2019) 5

CLAUSE 15 – DISPUTES (AMESLAB JUNE 2015) 5

CLAUSE 16 – CONDUCT OF EMPLOYEES (AMESLAB MAY 2019) 5

CLAUSE 17 – LABORATORY SITE ACCESS AND/OR PARTICIPATION IN ACTIVITIES BY NON-U.S. NATIONALS (AMESLAB OCT 2014) 5

CLAUSE 18 – EXPORT CONTROLS (AMESLAB JUNE 2019) 6

CLAUSE 19 – LIMITATIONS PERIOD (AMESLAB MAY 2019) 6

CLAUSE 20 – INDEMNIFICATION (AMESLAB MAY 2019) 6

CLAUSE 21 - ASSIGNMENT (AMESLAB MAY 2019) 6

CLAUSE 22 – APPLICABLE LAW (AMESLAB MAY 2019) 6

CLAUSE 23 – INFORMATION TECHNOLOGY ACQUISITIONS (based on Prime Contract Clause H.36 Mod 0288) 6

CLAUSE 24 – INTEGRATION CLAUSE (AMESLAB MAY 2019) 6

CLAUSE 25 – NON-WAIVER OF DEFAULTS (AMESLAB OCT 2014) 6

CLAUSE 26 – WAIVER (AMESLAB APR 2019) 6

CLAUSE 27 – USE OF NAME OR INTELLECTUAL PROPERTY (AMESLAB OCT 2019) 6

CLAUSE 28 - DEAR 970.5204-2 - LAWS, REGULATIONS, AND DOE DIRECTIVES (DEC 2000)(DEVIATION MAY 2018)[SC-ALTERNATE SEP 2018] 6

CLAUSE 29 - DEAR 970.5223-7 SUSTAINABLE ACQUISITION PROGRAM (OCT 2010) [SC-ALTERNATE SEP 2018) 6

CLAUSE 30 – SUSPECT COUNTERFEIT PARTS (BASED ON DOE ORDER 414.1D CHG 2 (LTDCHG) SEP 15, 2020) 7

THE FOLLOWING CLAUSES APPLY REGARDLESS OF SUBCONTRACT VALUE 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS MIRCO-PURCHASE THRESHOLD, DEFINED IN FAR PART 2 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $15,000 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $30,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $35,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $100,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $150,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS THE SIMPLIFIED ACQUISITION THRESHOLD, DEFINED IN FAR PART 2 9

FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $600,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $750,000.00 9

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT VALUE EXCEEDS $6 MILLION 9

Terms and Conditions – Firm-Fixed Price (Commercial Items and Services)

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CLAUSES

CLAUSE 1 - ACCEPTANCE (AMES LAB) (JUN 2019)

This Contract constitutes the entire agreement between the parties with respect to the subject matter contained in this Contract and supersedes all prior agreements, understandings, and negotiations between the parties. All other terms and conditions in other instruments are void and shall have no force or effect.

CLAUSE 2 - DEFINITIONS (MAR 2021)

When an article, provision, or clause in this subcontract uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless:

1. The solicitation, or amended solicitation, provides a different definition;

2. The contracting parties agree to a different definition in the subcontract;

3. The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

4. The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

When a solicitation provision or contract clause uses a word or term that is defined in the Department of Energy Acquisition Regulation (DEAR) (48 CFR chapter 9), the word or term has the same meaning as the definition in 48 CFR

902.101 or the definition in the part, subpart, or section of 48 CFR chapter 9 where the provision or clause is prescribed in effect at the time the solicitation was issued, unless an exception or different definition set forth in 1.1 applies.

(a) Definitions.

As used throughout this subcontract, the following terms have the meanings set forth below:

“Ames Laboratory” means the physical site and property that is The Ames Laboratory.

“Ames Laboratory or Contractor’s Procurement Agent” shall mean the person in charge of administering this subcontract for Ames Laboratory or their written designee.

“Ames Laboratory Technical Representative” shall mean the person designated to monitor the subcontracts work and to interpret and clarify the technical requirements of the subcontract.

“CFR” means the Code of Federal Regulations.

“Commercial item” and “commercially available off-the-shelf item (COTS)” have the meanings contained in Federal Acquisition Regulation, FAR, 2.101, Definitions.

“Contract” means this subcontract. Additionally, where contract and contractor are referenced in the FAR, it shall mean subcontract and subcontractor for the purposes of this subcontract.

“Contracting Officer” as referenced in the FAR shall mean “Procurement Agent” for the purposes of this subcontract.

“DEAR” means the Department of Energy Acquisition Regulation.

“DOE” means the United States Department of Energy or any duly authorized representative thereof.

“FAR” means the Federal Acquisition Regulations.

“Government” means the United States of America and includes the DOE or any duly authorized representative(s) thereof.

“Manager and Operator or M&O” shall mean Iowa State University (ISU), which is the Manager and Operator of Ames Laboratory.

“Prime Contract” means the contract between ISU and the DOE.

“Subcontract” means this subcontract between Ames Laboratory and the Subcontractor.

“Sub-subcontracts” means the Subcontractor’s subcontracts. Except as otherwise provided in this subcontract, “sub-subcontractors” includes purchase orders under this subcontract.

“Subcontractor” means the party that has entered into this subcontract with Ames Laboratory. The lower case “subcontractor” means sub-subcontractors.

“The Laboratory” means Ames Laboratory or Laboratory.

CLAUSE 3 - ORDER OF PRECEDENCE (MAR 2021)

Any inconsistency in this subcontract shall be resolved by giving precedence in the following order:

(a) The subcontract document;

(b) These Terms and Conditions, including the FAR and DEAR clauses incorporated by reference;

(c) Any specifications, drawings, sketches, statement of work; and

(d) Other documents, exhibits, and attachments listed in the subcontract as incorporated documents, if any, in the order in which they are listed.

CLAUSE 4 – FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) [DEVIATION JUN 2020)]

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

☐ Offeror elects to waive the evaluation preference.

(c) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

CLAUSE 5 - FAR 52.225-1 BUY AMERICAN —SUPPLIES (JAN 2021) (MODIFIED BY DEAR 970.2570)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

https://www.govinfo.gov/content/pkg/CFR-2019-title13-vol1/xml/CFR-2019-title13-vol1-sec126-501.xml https://www.acquisition.gov/far/part-2#FAR_2_101 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Procurement Agent a list of foreign articles that the DOE Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

CLAUSE 6 – FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)[(DEVIATION APR 2020)]

(a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established.

(2) The Contractor agree to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

CLAUSE 7 - FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)

(a) Definitions. As used in this clause—

Commercial item and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of 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.

(ii) 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.

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017).

(iv) 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.

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

(vi) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vii) 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 threshold 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.

(viii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

(x) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212(a));

(xi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

(xii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212).

(xiii) 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.

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O. 13627).

(xv) 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.

(xvi) 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.

(xvii)

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

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

(xviii) 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).

(xix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xx) 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).

(3) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

CLAUSE 8 - FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definitions. "Acceptance," as used in this clause, means the act of an authorized representative of the Laboratory by which the Laboratory assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Laboratory or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Laboratory shall give written notice of any defect or nonconformance to the Contractor. This notice shall state either-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_1004 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-19#FAR_19_702 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_26 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_247_64 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64

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(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Laboratory does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Laboratory, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Laboratory may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Laboratory does not require correction or reperformance, the Laboratory shall make an equitable adjustment in the contract price.

CLAUSE 9 - WARRANTY OF SUPPLIES (AMESLAB MAY 2019)

(a) Contractor warrants to the Laboratory that all materials and equipment furnished under this Contract will be new and unused unless otherwise specified and that all materials and equipment used by the Contractor during the performance of the Contract will include genuine, original, and new components, or are otherwise suitable for the intended purpose. Contractor further warrants that all work will be of good quality, free from faults and defects in conformance with the Contract. All work not conforming to these standards including substitutions not authorized as provided elsewhere in the Contract may be considered defective. If required by the Laboratory, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Laboratory may reject and retain such non-conforming materials or equipment, at no cost, and identify, segregate, and report such information or activities to cognizant Department of Energy officials.

(b) The warranty provided herein shall be in addition to and not in limitation of any other warranty or remedy provided by law or by the Contract.

(c) Contractor warrants all equipment and materials furnished and work performed under this Contract against defective materials and workmanship for a period of twelve (12) months after acceptance as provided in this Contract, unless a longer period is specified, regardless of whether the same were furnished by the Contractor or any subcontractors of any tier. Manufacturer's warranties longer than twelve (12) months shall be extended to the Laboratory. Upon written notice from the Laboratory of any breach of warranty during the applicable warranty period due to defective material or workmanship, the affected part or parts shall be repaired or replaced by the Contractor at no cost to the Laboratory. If Contractor fails or refuses to make the necessary repairs, replacements, and tests when requested by the Laboratory, the Laboratory may perform the necessary work and tests to be performed, at the Contractor’s expense.

(d) Should one or more defects in the work appear within the specified warranty period, the Laboratory shall have the right to continue to use or operate the defective part or apparatus until such time as it can be taken out of service without loss or inconvenience to the Laboratory.

(e) Neither the final payment, nor any provision in the Contract, nor partial or entire occupancy of the premises by the Laboratory, nor expiration of warranty stated herein constitute acceptance of work not performed in accordance with the Contract or relieve the Contractor of liability for non-conforming work. Contractor shall immediately remedy any defects in the work and pay for any damage to other Work resulting therefrom upon written notice from the Laboratory. Should Contractor fail or refuse to remedy non-conforming work, the Laboratory may perform the work necessary to bring the work into conformance with the Contract at the Contractor’s expense.

(f) When correcting failed or damaged warranted construction, Contractor shall, at its expense, remove and replace construction that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted construction.

(g) When work covered by a warranty have failed and been corrected by replacement or rebuilding, the warranty shall be reinstated and shall be equal to the original warranty with an equitable adjustment for depreciation.

(h) Upon determination that Work covered by a warranty has failed, Contractor shall replace or rebuild the work to an acceptable condition complying with requirements of the Contract. Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether University has benefited from use of work through a portion of its anticipated useful service life.

(i) Expressed warranties made to the University are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Laboratory can enforce such other duties, obligations, rights, or remedies.

CLAUSE 10 – ELECTRONIC SIGNATURES (AMESLAB MAY 2019)

The parties’ consent to the use of electronic signatures in connection with the signing of this Contract. The parties agree the electronic signatures shall be legally binding with the same force and effect as manually executed signatures if they are made using a technology designed for electronic signatures (e.g., Adobe Signature / DocuSign).

CLAUSE 11 – EMPLOYEE CONCERNS PROGRAM (BASED ON DOE O 442.1B) (AMESLAB SEP 2019)

(a) Definitions. An employee concern is a good faith expression by a concerned individual that:

(1) An activity, policy, or practice of DOE or one of its contractors or subcontractors – including, but not limited to, that which is related to the environment, safety, health, security, quality, and management of DOE facilities and/or operations -should be improved, modified, or terminated; or

(2) He or she has been subjected to HIRD (harassment, intimidation, retaliation/reprisal, or discrimination as defined in DOE O 442.1B) by DOE or one or…