RFP JSA-25-R443663.pdf

June 27, 2025

To: Interested Firms

Thomas Jefferson National Accelerator Facility (TJNAF) invites you to participate in the attached Request for Proposal (RFP) for the design, fabrication, inspection and support for installation, testing, and commissioning for one helium screw compressor. All documents listed on the RFP form PD 6 are contained within this email.

• All information has been posted on our Solicitation Bulletin Board – http://www1.jlab.org/ul/Bus_ops/ . All documents listed on the RFP form PD 6 can be viewed and downloaded from TJNAF’s solicitation bulletin board. In addition, this RFP will be posted on SAM.gov.

• If you are interested in submitting a proposal in response to this solicitation, be sure to register for this specific solicitation on the above website and let me know by a return email. Any amendments or other information associated with the requirement will be posted on the Solicitation Bulletin Board, and by registering, you will be automatically notified when postings occur.

• Also, please pay very close attention to the Instructions to Offerors and adhere to the proposal instructions to the letter. The format of your proposal is very important to facilitate an efficient and timely review process.

• Please reference Solicitation # JSA-25-R443663 on all communication to TJNAF related to this solicitation.

• If you are not interested in providing a proposal for this requirement, please send a “No Bid” notification to me via email.

Please note the following important dates:

• Questions regarding the solicitation must be submitted in writing to me not later than 5:00 PM (Eastern Standard Time) on July 8, 2025. TJNAF will need time to respond to the questions and in turn provide you the opportunity to incorporate any new information into your proposals

• Proposals are due no later than 3:00 PM (Eastern Standard Time) on July 18, 2025.

• It is TJNAF’s intent to award a subcontract for the helium screw compressor by August 30, 2025.

Should you have any questions, please send an email to beaver@jlab.org or call me at 757-269- 7814. If I am not available, you may contact Tom Huratiak (huratiak@jlab.org) at (757) 269- 7338.

Sincerely, Ebony Beaver Procurement Officer http://www1.jlab.org/ul/Bus_ops/ mailto:beaver@jlab.org mailto:huratiak@jlab.org

Page 1 of 2 PD 6 (DEC 2022)

REQUEST FOR PROPOSAL (RFP)/REQUEST FOR QUOTE (RFQ)

SOLICITATION, OFFER AND AWARD

RFP/RFQ No.: JSA -______-_________ Date Issued:

Proposals/Quotes Are Due:

No later than _____ PM EST on ________

Site Visit:

☐ Will Be Held At ______ PM EST on ______ (See #4 Below) ☐ Will Not Be Held

Procurement Officer: Telephone: Email:

Alternate Contact: Telephone: Email:

1. PROPOSAL/QUOTE INSTRUCTIONS – SUBMIT ALL OF THE FOLLOWING WITH YOUR PROPOSAL:

a. Completed/Signed PD 6 Form

b. Proposal or Bid Schedule

c. Completed/Signed Representations and Certifications

d. Other Information as described in the attached Proposal/Quote Instructions

2. BASIS FOR AWARD – AWARD WILL BE MADE AS INDICATED BY BOX MARKED BELOW:

☐ Best Value – Tradeoff Process ☐ Best Value – Low Price Technical Acceptability ☐ Specific evaluation factors apply to this solicitation. See the Evaluation and Award criteria.

3. CONSTRUCTION MAGNITUDE (Minimum: $ , Maximum: $ , Not Applicable: )

4. SITE VISIT – ATTENDANCE AT A PRE-PROPOSAL SITE VISIT ☐ IS ☐ IS NOT REQUIRED

If required, offerors must attend a site visit to be eligible for award of any subcontract resulting from this solicitation. Attendees must report to the Support Service Center (SSC) building (Building No. 28), 628 Hofstadter Road, Newport News, VA, no later than the date and time specified above. Additional site visits / conferences will only be held if the Procurement Officer determines they are in the best interest of Jefferson Lab. The following are applicable if box is checked:

☐ Hard hats, safety shoes, and safety glasses are required.

☐ Attendees must pre-register for the site visit by sending an e-mail to the Procurement Officer with the company name and number of attendees. Registration deadline for the site visit is _______ on ________.

Non-U.S. citizens see International Visitors for additional requirements for international visitors.

☐ All attendees must have a valid picture ID.

5. ☐ QUESTIONS –

Any questions related to the RFP/RFQ must be in writing and should be sent by email or by fax to the attention of the Procurement Officer or mailed to the Procurement Office business address. For expediency, email is highly preferred. All inquiries regarding this solicitation must be received no later than to allow JSA sufficient time to respond. Please reference the solicitation number in your correspondence.

6. SHIPPING TERMS: FOB Destination unless otherwise specified

7. NOTICE OF TOTAL SMALL BUSINESS SET-A SIDE:

☐ If the box to the left is marked “ ” this solicitation is set aside to small business firms only. Offers/bids received from concerns that are not small business concerns shall be considered non-responsive and will be rejected. The North American Industry Classification System (NAICS) code for this requirement is: ________. The Small Business size standard in millions of dollars is _______, and the Small Business size standard in number of employees is ________.

8. STATE AND LOCAL TAXES –

Unless otherwise indicated below or elsewhere in the solicitation or purchase order, prices shall include all applicable Federal, State, and Local Taxes.

https://www.jlab.org/visiting/international-visitors https://www.jlab.org/visiting/international-visitors

Page 2 of 2 PD 6 (DEC 2022)

☐ This requirement is exempt from Commonwealth of Virginia Sales and Use Taxes. A Certificate of Exemption form will be provided at award.

☐ Any Virginia Sales and Use Tax shall be included in the total price, however, shall be detailed separately in the quote and invoice.

9. APPLICABLE TERMS AND CONDITIONS- The Sections marked below are applicable and attached to this solicitation.

☐ Fixed Price Supply- Form TC-1 Commercial ☐ Fixed Price Supply- Form TC-2 Non-Commercial ☐ Fixed Price Services- Form TC-3 Commercial ☐ Fixed Price Services- Form TC-4 Non-Commercial ☐ Fixed Price Construction - Form TC-5 Construction ☐ Environment, Safety and Health Requirements (included in Specification) ☐ Service Contract Act Age Determination ☐ Davis-Bacon Act Wage Determination

10. SPECIFICATIONS, DRAWINGS, AND/OR EXHIBITS LISTED BELOW ARE ATTACHED IF BOX MARKED Required Bonds (Sample Bonds – See SF24, SF25 and SF25A here: GSA Forms)

☐ Bid Bond ☐ Performance Bond ☐ Payment Bond

Attachments included in package ☐ Instruction to Offerors ☐ Proposal or Bid Schedule ☐ Combined Specification/ Drawings ☐ Terms and Conditions ☐ Terms and Conditions Certification ☐ Davis-Bacon Rates ☐ Representations and Certifications ☐ Amendments Issued under

OFFER (COMPLETE AND SIGN)

Acknowledgement of Amendments:

Amend. No. Amend. No. Amend. No. Amend. No. Amend. No.

Payment Terms: Indicate any prompt payment discounts; otherwise, payment terms shall be Net 30 days. _________

FIRM SUBMITTING OFFER INFORMATION:

Company Name: Phone Number: Email / Fax Number:

Address: City: State: Zip:

AUTHORIZED PERSONAL TO SIGN OFFER INFORMATION:

Name: Title:

Signature: Offer Date:

RFP/RFQ NUMBER:

https://www.gsa.gov/reference/forms https://www.gsa.gov/reference/forms

ATTACHMENT 1

INSTRUCTIONS TO OFFERORS & EVALUATION

PROCESS

Instructions to Offerors & Evaluation Process Page 1

RFP JSA-25-R443663

INSTRUCTIONS TO OFFERORS & EVALUATION PROCESS

JSA-25-R443663 – HELIUM SCREW COMPRESSOR

I. PROPOSAL INSTRUCTIONS

A. GENERAL

Jefferson Lab (J Lab) is looking to procure one Helium Screw Compressor. To be considered for award you must submit an offer and the requested information in this RFP package demonstrating your capability and your understanding of Jefferson Lab’s requirements. The result of this solicitation will be a firm fixed price subcontract.

1. Unless this RFP expressly authorizes alternate proposals with respect to specific terms or conditions of this RFP, your (1) failure or refusal to assent to any of the terms and conditions of this RFP, (2) proposal of additional terms or conditions, or (3) omission of any material information, will constitute a deficiency, which may make your offer unacceptable to Jefferson Lab.

2. While Jefferson Lab may work with the offeror through the discussion process to correct proposal omissions, errors or deficiencies, J Lab reserves the right to award this subcontract based upon the initial offers received, without discussions.

Therefore, J Lab warns all offerors to consult with the procurement officer before submitting an offer that proposes a different design or product unless such alternate design or products are encouraged by the Technical Specifications. J Lab also reserves the right to conduct discussions and to permit offerors to revise their proposals if we think it is in our interests to do so.

3. When evaluating your capability to perform the prospective subcontract (see

Evaluation Factors for Award) J Lab will consider how well you complied with the outlined instructions to offerors. J Lab will consider any significant failure to comply with these instructions to be indicative of what we could expect from you during subcontract performance. Please contact the procurement officer by telephone or e-mail if you do not understand any part of these instructions.

4. Offerors must submit their proposals in an electronic format.

B. CONTENTS OF PROPOSALS

1. Business Proposal

The completion and submission to Jefferson Lab of the following items will constitute your offer to perform in accordance with the terms and conditions of the RFP, including attachments and documents incorporated by reference.

Business Proposal must include the following:

Instructions to Offerors & Evaluation Process Page 2

(a) Price Proposal - Completed RFP Bid Schedule and Milestone Payment Schedule (if applicable)

(a) RFP form PD 6 - “Solicitation, Offer and Award” - Complete “Offer” section and sign.

(b) RFP Reps/Certs-2 - “Representations/Certifications” – Complete and sign.

(c) Solicitation Amendments - Acknowledge all solicitation amendments (if applicable)

(d) Terms and Conditions Certification (PD 46 Form) - Complete and sign. Your offer must communicate your unconditional assent to the terms and conditions in this RFP, its attachments, and documents incorporated by reference. Complete attached “Terms and Conditions” Certification, stating the degree to which you will meet the requirements of this solicitation. Document any discrepancies, conflicts, or exceptions taken to the Jefferson Lab Statement of Work or any solicitation clauses as follows:

(1) Explanation of any discrepancies,

(2) Explanation of any conflicts,

(3) Explanation of any exceptions taken, and

(4) Explanation of and supported advocacy rationale for any changes proposed to resolve discrepancies, conflicts, and/or exceptions.

2. Technical Proposal must include the following:

(a) Provide a milestone and delivery schedule for this project. Include expected length of time for material acquisition, time for design review, shop fabrication, assembly, and inspection time, and an estimated completion date.

(b) Provide adequate information to describe your capability and experience relevant to this project. List applicable references that can confirm satisfactory performance on similar contracts. Please provide (1) Point of contact, (2) Telephone number, (3) Complete address, (4) E-mail address, and (5) Description of work and scope for each reference. J Lab reserves the right to obtain past performance information from any source it deems appropriate. This includes any experience with J Lab.

II. TECHNICAL ACCEPTABILITY EVALUATION FACTORS FOR AWARD

Instructions to Offerors & Evaluation Process Page 3

Jefferson Lab will award the subcontract to the offeror that is determined technically capable of delivering the Helium Screw Compressor and provides the lowest reasonable price with an acceptable delivery schedule. J Lab will evaluate proposals in accordance with the below criteria:

A. CAPABILITY CRITERIA

Conformance to the solicitation requirements. Offeror clearly demonstrates through the information provided in accordance with instructions to offerors that it is capable of meeting all of the specification requirements, understands the requirements, and intends to fully conform to the solicitation requirements, including but not limited to:

1. Milestone & Delivery Schedule – J Lab will review your schedule to ensure you can meet the required delivery date. Jefferson Lab may request a virtual shop tour to verify supplier capacity, shop floor layout, fabrication and assembly methods, and equipment capabilities.

2. Experience and Past Performance – J Lab will review the requested information and may contact references listed.

B. PRICE AND PRICE RELATED FACTORS

Jefferson Lab will evaluate the reasonableness and realism of price in relation to the requirements of the RFP and the offeror’s capability. For award purposes if and when Bid Schedule requests prices for options, Jefferson Lab will evaluate options by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate Jefferson Lab to exercise the option(s).

C. SELECTION DECISION

In order to select the winning offeror, Jefferson Lab will determine that the offeror has provided the lowest and most realistic price. That proposal will be reviewed to ensure the Offeror is capable of performing the work required by the RFP and the Technical Acceptability Factors and that the offer conforms to the RFP. If the lowest priced offer is not found to conform to the RFP requirements, the next lowest priced offer will be reviewed. This method will continue until the lowest priced Offeror, whose price is reasonable and whose proposal conforms to the RFP requirements, is determined for award.

III. OTHER INSTRUCTIONS AND PROPOSAL CONDITIONS

A. DEFINITIONS

As used in this provision –

1. Wherever the term “bid” or “bidder” appears, it is referring to the offer or offeror.

Instructions to Offerors & Evaluation Process Page 4

2. "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Procurement Officer's discretion, result in the offeror being allowed to revise its proposal."

3. “Offer” means “proposal” in negotiations.

4. "Proposal modification" is a change made to a proposal before the solicitation's closing date and time, made in response to an amendment, or made to correct a mistake at any time before award.

5. "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Procurement Officer as the result of negotiations.

6. “Solicitation” means “Request for Proposal (RFP)” or “Request for Quotations (RFQ)” in negotiations.

7. "Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

B. SUBCONTRACT AWARD NOTES

1. Jefferson Lab will award a subcontract resulting from this solicitation to the responsible offeror that is determined capable, after evaluation in accordance with all factors and in the solicitation, and provides the lowest and most reasonable price.

2. JLab, at their sole discretion, may use a competitive range determination to eliminate offers from further consideration after initial proposal receipt due to significant technical deficiencies or excessive or unrealistic pricing when compared to JLab estimates or all other offers received.

3. Jefferson Lab may (1) reject any or all offers if such action is in the public interest, (2) accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers received.

4. Jefferson Lab may reject any offer that is deemed deficient in any critical capability area or an offer that is non-responsive to the Technical Requirements and Terms and Conditions to the extent that the deficiency in capability or the non-responsiveness cannot be remedied within the time allotted for evaluation of the offers.

5. Jefferson Lab may award a subcontract on the basis of initial offers received, without discussions. Therefore, your initial offer should contain your best terms, from a cost or price and technical standpoint.

Instructions to Offerors & Evaluation Process Page 5

6. Jefferson Lab 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 Schedule, offers may be submitted for quantities less than those specified. J Lab reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specified otherwise in the offer.

7. A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding subcontract without further action by either party. Before the offer's specified expiration time, we may accept an offer (or part of an offer, as provided in paragraph (d) above), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by J Lab.

8. Financial data neither submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting subcontract. However, if the resulting subcontract contains a clause providing for price reduction for defective cost or pricing data, the subcontract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current.

C. AMENDMENTS TO SOLICITATIONS

1. If this solicitation is amended, then all terms and conditions that are not modified remain unchanged.

2. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified for receipt of offers.

D. SUBMISSION OF PROPOSALS

1. Offerors must submit their proposals in an electronic format as described in Section L below.

2. Proposals shall be submitted as specified in the solicitation, and shall show:

(a) The solicitation number;

(b) The name, address, telephone and e-mail contact address of the offeror ;

(c) Names, titles, telephone numbers, and e-mail contact addresses of persons authorized to negotiate on the offeror's behalf with J Lab in connection with this solicitation; and

(d) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

Instructions to Offerors & Evaluation Process Page 6

3. Offerors are responsible for submitting proposals, and any modification, or revisions by the date and time specified in the solicitation.

4. Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

5. Offerors shall submit proposals in response to this solicitation in English and in U.S.

dollars, unless otherwise permitted by the solicitation.

6. Item samples, if required, must be submitted within the time specified for receipt of offers. Unless otherwise specified in the solicitation, these samples shall be (1) submitted at no expense to J Lab, and (2) returned at the sender's request and expense, unless they are destroyed during pre-award testing.

7. Offerors are expected to examine the drawings, technical specifications, and all instructions in the RFP package. Failure to do so will be at the offeror’s risk.

8. Offers for supplies or services other than those specified will not be considered unless authorized by the solicitation.

9. Offerors must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

E. LATE SUBMISSIONS

1. Any proposal, modification, or revision received by J Lab after the designated time and date specified in the solicitation package is "late" and will not be considered unless the Procurement Officer determines that accepting the late offer would not unduly delay the acquisition.

2. A late modification of an otherwise successful proposal that makes its terms more favorable to J Lab, will be considered at any time it is received and may be accepted.

3. If an emergency or unanticipated event interrupts normal J Lab processes so that proposals cannot be received by the exact date and time specified in the solicitation, and urgent J Lab requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal J Lab processes resume.

F. WITHDRAWALS, MODIFICATIONS AND REVISIONS TO PROPOSALS

1. Proposals may be withdrawn by the offeror at any time before award. Withdrawals are effective upon receipt of notice by the Procurement Officer.

Instructions to Offerors & Evaluation Process Page 7

2. Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

3. Offerors may submit revised proposals only if requested or allowed by the

Procurement Officer.

G. OFFER EXPIRATION DATE

Proposals in response to this solicitation will be valid for thirty (30) days unless a different period is proposed by the offeror.

H. RESTRICTION ON DISCLOSURE AND USE OF DATA

Offerors that include in their proposals data that they do not want disclosed to the public for any purpose or used by J Lab or the Government except for evaluation purposes, shall—

1. Mark the title page with the following notation: "This proposal includes data that shall not be disclosed outside J Lab or the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a subcontract is awarded to this offeror as a result of--or in connection with--the submission of this data, J Lab or the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting subcontract. This restriction does not limit J Lab's or the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets ”, and

2. Mark each sheet of data it wishes to restrict with the following notation: "Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal."

I. PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW

An award in the amount of $10 million or more will not be made under this solicitation unless the offeror is found, on the basis of a compliance review, to be able to comply with the provisions of the Equal Opportunity clause of this solicitation.

J. UNNECESSARILY ELABORATE PROPOSALS OR QUOTATIONS

Unnecessarily elaborate proposals beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror's lack of cost consciousness.

K. EXPLANATION TO PROSPECTIVE OFFERORS

Instructions to Offerors & Evaluation Process Page 8

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it by the date provided in the Solicitation Form (PD 6) to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of a subcontract will not be binding. Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to other prospective offerors.

L. ELECTRONIC PROPOSALS

1. Electronic as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by J Lab via electronic means.

2. Offers must be submitted via electronic means.

3. If any portion of the electronic submission is received by the Procurement Officer and is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document –

(a) The Procurement Officer shall immediately notify the offeror and permit the offeror to resubmit the proposal;

(b) Time for resubmission shall be prescribed by the Procurement Officer after consultation with the offeror; and

(c) The resubmissions shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Procurement Officer.

ATTACHMENT 2

BID SCHEDULE & MILESTONE PAYMENT

REQUEST

Item No. Description Quantity Unit Unit Price

Extended Amount (Firm Price in US

Dollars)

001 MK6BS/WLVi321-193 LPI helium screw compressor 1 EA $ - $ -

Document Package 1 EA $ -

Part number provided to convey the type of compressor needed. Please provide a line or specification sheet with your bid.

$0.00

BID SCHEDULE

RFP: JSA-25-R443663

Decsription: Subcontractor shall provide all labor, materials, facilities, equipment, and supervision to fabricate, inspect, test, and delivery of one helium screw compressor. Please ensure to hold pricing for (90) days after RFP Submittal. This will be a Firm Fixed Price Subcontract.

Date:

Supplier Name:

Note 3: To ensure the safety and security of items coming to Jefferson Laboratory, vendors shall provide the mode of shipment and the name of the carrier/carriers to be utilized on this requirement. Also request all vendors include your export control classification number (ECCN) for each product as necessary. The required information shall be provided with the Request for Quote/Proposal for review by the Shipping and Receiving Department prior to any award. If required information is not submitted your quote/proposal may not be considered for award. Vendors shall also certify that there are no hazardous items/conditions for the shipment and if a hazardous item is so noted, then that item shall be noted below. In addition, a Material Safety Data Sheet shall be included with the Request for Quote/Proposal for those hazardous items: _______________________________________________________________.

GRAND TOTAL FOR ITEMs 001 -- 002

Note 1: Shipment shall be in accordance with the Required Delivery Schedule as noted in Clause JSA-200 of the Terms and Conditions. If this date cannot be met, Supplier shall provide best delivery date.

Delivery date will be part of the evaluation process.

THE BID SCHEDULE IS PROVIDED IN EXCEL FORMAT FOR CONVENIENCE IN COMPLETING PRICING. OFFEROR SHOULD CONFIRM ACCURACY OF INPUT. PLEASE DO NOT MAKE ANY CHANGES IN FORMAT OR TEXT. DEVIATIONS SHOULD BE NOTED WITHIN THE PROPOSAL. THANK

YOU.

Note 2: Milestone Payments: The subcontractor may propose a milestone payment schedule only in accordance with Clause JSA-120 of the Terms and Conditions. Milestone Payment Schedules shall be formatted in accordance with the attached Milestone and Payment Schedule Request.

Note 4: All shipping and customs and duites fees need to be stated on the submitted proposal. Foreign items are no longer accorded duties and customs exemption for Jefferson Lab. Full Shipping Address:

JSA/Jefferson Lab Bldg 89 Rm 110-34, Attn: Kurtis Maye, 12000 Jefferson Avenue, Newport News, VA 23606 The Buy American Act requires that for evaluation purposes that Customs and Duties be evaluated when determining an award to a foreign source over a Domestic offer. Therefore, provide a total amount below for Customs and Duties that would apply should Duty Free Entry not be approved by the Department of Energy - $_____________

MILESTONE AND PAYMENT SCHEDULE REQUEST

Line Item

# Description of Event (Include milestone events and/or delivery of product) Estimated

Completion

(ARO)

Estimated Completion

Date Quantity Milestone Requested $

Amount Total Price

ATTACHMENT 3

TC-2 NON-COMMERCIAL SUPPLY

TERMS AND CONDITIONS

JSA-25-R443663 TC-2 Non-Commercial Supply (APR 2025) Page 1 of 16

FIXED PRICE SUPPLY – NON-COMMERCIAL TERMS AND CONDITIONS

(APPLICABLE TO SUPPLY PURCHASES FOR NON-COMMERCIAL ITEMS > $10,000)

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 Department or JSA Procurement Officer for clarification of JSA required clauses.

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

FAR 52.211-5 Material Requirements (AUG 2000)

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

FAR 52.222-26 Equal Opportunity (Sept 2016)

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 52.225-1 Buy American - Supplies (MAY 2014)(Modified by DEAR 970.2570)

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

FAR 52.227-3 Patent Indemnity (APR 1984)

FAR 52.232-1 Payments (APR 1984)

FAR 52.232-8 Discounts for Prompt Payment (FEB 2002)

FAR 52.232-9 Limitation on Withholding of Payments (APR 1984)

FAR 52.232-11 Extras (APR 1984)

FAR 52.232-25 Prompt Payment (JAN 20017)

FAR 52.243-1 Changes-Fixed Price (AUG 1987)

FAR 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996)

FAR 52.247-34 F.O.B. Destination (NOV 1991)-Applicable unless the FAR clause 52.247-29 F.O.B. Origin, 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).

JSA-25-R443663 TC-2 Non-Commercial Supply (APR 2025) Page 2 of 16

FAR 52.249-1 Termination for Convenience of the Government (Fixed Price)(Short Form)(APR 1984) only applicable if aggregate subcontract amount <$100,000

FAR 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

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

DEAR 970.5227-8 Refund of Royalties (AUG 2002) (Applicable in subcontracts at any tier if royalties exceed $250)

APPLICABLE IF > $10,000

FAR 52.222-26 Equal Opportunity (Sept 2016)

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 52.222-20 Contracts for Material, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014)

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 NOT A SUBCONTRACT FOR COMMERCIALLY AVAILABLE OFF-

THE-SHELF ITEMS

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

APPLICABLE IF >$100,000

DEAR 970.5227-5 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2000) (SC Alternate)

APPLICABLE IF > $150,000

FAR 52.222-35 Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212)

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

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 52.215-14 Integrity of Unit Prices (OCT 2010)

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 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.

FAR 52.219-14 Limitations on Subcontracting (MAR 2020)

FAR 52.227-1 Authorization and Consent (DEC 2007)

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FAR 52.248-1 Value Engineering (OCT 2010)

FAR 52.249-2 Termination for Convenience of the Government (Fixed Price) (APR 2012)

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 >$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.

FAR 52.203-14 Display of Hotline Poster(s) (OCT 2015)(Modified by DEAR 903.1004)

FAR 52.210-1 Market Research (APR 2011)

FAR/DEAR CLAUSES INCORPORATED BY REFERENCE (APPLICABLE ONLY IF BOX IS MARKED

DEAR 952.204-77 Computer Security (AUG 2006)

DEAR 952.227-11 Patent Rights-Retention by the Contractor (Short Form) (MAR 1995)

DEAR 952.227-13 Patent Rights-Acquisition by the Government (SEP 1997)

DEAR 952.235-71 Research Misconduct (JUL 2005)

DEAR 952.250-70 Nuclear Hazards Indemnity Agreement (AUG 2016)

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

DEAR 970.5227-1 Rights in Data – Facilities (DEC 2000)

DEAR 970.5227-2 Rights in Data – Technology Transfer (DEC 2000)(SC Alternate)

DEAR 970.5227-4 Authorization and Consent (AUG 2002) (SC Alternate and paragraph (c) (3)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

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

FAR 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. (AUG 2011)

FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications.

(AUG 2011)

FAR 52.215-12 Subcontractor Certified Cost or Pricing Data (OCT 2010)

FAR 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (OCT 2010)

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

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FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021)(Alternate I)(Jul 1995)

FAR 52.224-2 Privacy Act (APR 1984)

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

FAR 52.225-9 Buy American – Construction Materials (MAY 2014)

FAR 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-

Construction Materials (Jan 2021)

FAR 52.227-14 Rights in Data-General (MAY 2014)

FAR 52.227-16 Additional Data Rights (JUN 1987)

FAR 52.229-6 Taxes-Foreign Fixed-Price Contracts (FEB 2013)

FAR 52.230-2 Cost Accounting Standards (OCT 2015) (applicable to negotiated subcontracts in excess of $750,000, with exceptions)

FAR 52.230-6 Administration of Cost Accounting Standards (JUN 2010)

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

FAR 52.245-1 Government Property (JAN 2017)

FAR 52.245-9 Use and Charges (APR 2012) (Applicable only when Far 52.245-1 Government Property is marked “ ”)

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

FAR 52.247-63 Preference for U.S.-Flag Air Carriers (JUN 2003)

FAR 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (AUG 2016)

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.

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 performance 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

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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 (NOT INCLUDED)

JSA 103 HOLIDAYS

Jefferson Lab normally observes 10 days designated as JSA/Jefferson Lab holidays, and during the period between Christmas Eve and New Year's Day Jefferson Lab normally is closed. In addition, Laboratory management may close the Laboratory or modify operating hours at its discretion due to weather or other emergency. All subcontractor personnel will follow the holiday and closure schedule posted by JSA/Jefferson Lab at JLab Calendar except that Subcontractor may, upon prior approval of the JSA Procurement Officer or designated representative, perform work on a holiday or closure day at Jefferson Lab. The following paragraphs apply if the box to the left is marked “ ”.

No items shipped under this subcontract will be received on holiday or closure days.

Items delivered under this subcontract will be received on holiday or closure days except on weather or other emergency closure days.

The subcontractor will not normally be required to provide services on holiday or closure days. The subcontractor shall factor cost savings resulting from the December shutdown into the base price of the subcontract.

JSA/Jefferson Lab may request a price adjustment for savings resulting from services not performed on weather or other emergency closure days.

The services to be provided on holiday or closure days are those specifically described in .

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 SUBCONTRACT ADMINISTRATION INFORMATION (NOV 2021)

A. Ebony Beaver is designated as the Procurement Officer with responsibility for administration and negotiation of any modifications to this subcontract.

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

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B. Kurtis Maye is designated as the Technical Representative (TR) and n/a is designated as the assistant TR for the purpose of inspection and acceptance of supplies/services under this Purchase Order/Subcontract.

Inspection and acceptance by anyone other than the party identified above is not authorized. The TR will be responsible for technical assistance in administration of this subcontract. Duties will involve inspection, review, reporting, and certification of the Subcontractor’s performance. The TR is also responsible to ensure that the subcontractor complies with all federal, state, DOE and Jefferson Lab environment, health and safety requirements. The TR will maintain performance records. When deficiencies are noted, they will be recorded by the TR and the information will be provided to the Procurement Officer for appropriate action.

C. Subcontract Correspondence Procedures. Correspondence submitted by the Subcontractor shall be subject to the following procedures:

1. Non-Technical Correspondence: The Subcontractor shall submit all non-technical correspondence to JSA's Procurement Officer [as identified in (A) above], JSA/Jefferson Lab, Procurement Department, 628 Hofstadter Road, Suite 5, Newport News, VA 23606.

2. Technical Correspondence: The Subcontractor shall submit all technical correspondence to the TR [as identified in (B) above], JSA/Jefferson Lab, 12000 Jefferson Avenue, Newport News, VA 23606, with an information copy to the Procurement Officer.

3. Invoices: Electronic submission of invoices to finance@jlab.org is highly preferred. If mailed, please send to the following address:

Jefferson Science Associates, LLC

628 Hofstadter Road Accounts Payable, Suite 4 Newport News, VA 23606

Invoices shall identify amount(s) by line item/cost elements or other format as may be required by

JSA:

Subcontract Number: TBD Procurement Officer: Ebony Beaver TR: Kurtis Maye

4. This clause does not authorize anyone other than JSA's Procurement Officer to commit JSA to changes in the terms of the subcontract.

JSA 107 INSURANCE (MAY 2020)

A. The Subcontractor shall, at its own expense, provide and maintain during the entire performance of this subcontract, at least the forms and minimum amounts of insurance required below, or elsewhere in the

TYPE AMOUNT

Worker’s Compensation and Occupational Coverage in accordance with statutory limits.

Not less than $100,000 each accident or disease

Commercial General Liability with minimum limits of: $2,000,000 general aggregate limit $1,000,000 per occurrence.

$2,000,000 products and completed operations aggregate

Automobile Liability Insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all vehicles used in connection with performance of the subcontract.

Minimum Virginia Business Liability Requirements mailto:finance@jlab.org

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B. Subcontractor's policies shall include JSA and the DOE as additional insureds, and shall by appropriate language provide that the insurance afforded by such policies is primary insurance, and that all rights of the insurer for contribution from other insurers of JSA and/or DOE and all rights of subrogation are waived.

C. Before commencing work under this subcontract, the Subcontractor shall certify to the Procurement Officer that the required insurance has been obtained by arranging an original certificate of insurance to be provided to JLab by the carrier or broker. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting JSA's interest shall not be effective until such notice be delivered in accordance with the policy provisions.

D. The Subcontractor shall insert the substance of this clause, including this paragraph (D), in lower tier subcontracts under this subcontract that require work on the Jefferson Lab installation; and shall require lower tier subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the subcontract. The Subcontractor shall maintain a copy of all lower tier subcontractors' proofs of required insurance and shall make copies available to the Procurement Officer upon request.

JSA 110 RELEASE OF INFORMATION (MAY 2020)

Information regarding this Subcontract or the undertaking or any data developed hereunder shall not be released, and the name of JSA, Thomas Jefferson National Accelerator Facility, or Jefferson Lab shall not be used in any publications, news releases, advertising, speeches, technical papers, photographs and other releases of information, without prior written approval from JSA.

JSA 111-117 RESERVED

JSA 118 SITE ACCESS (APR 2025)

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.

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.