RFP-PR449015.pdf

REQUEST FOR PROPOSAL (RFP)

RFP No.: RFP-PR449015

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

REQUEST FOR PROPOSAL (RFP)

1. INTRODUCTION

Date: 03/19/2026 RFP No.: RFP-PR449015 RFP Description: NMR Spectrometer

Subject: RFP for the ORNL Physical Sciences Directorate In Response Refer to: RFP No. RFP-PR449015– NMR Spectrometer

ORNL Procurement Officer: Amina Sophia Khaliq Phone: 865-574-6143 Email: khaliqas@ornl.gov

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

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

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

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

2. RFP INFORMATION

Solicitation Number: RFP-PR449015

Offers Due By: 4/8/2026 at 12pm ET

Offer Validity Period: 120 days

NAICS Code: 334516 – Analytical Laboratory Instrument Manufacturing – 1,000 Employees

Subcontract Type Anticipated: Firm Fixed Price – Commercial Item

Small Business Set-Aside: No

Description of Supplies/Services Sought: NMR Spectrometer

Anticipated Subcontract Period of Performance: ASAP – 9/30/2027 (Detailed Delivery Schedule Below)

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

3. LIST OF RFP ATTACHMENTS

Attachment No.

Description Document Title (Date/Revision)

Attachment A Technical Specifications Specification – RFP-PR449015 March 2026

Attachment B ORNL Terms and Conditions

Terms and Conditions – Commercial Products and Services – BSD-CS-2146 (01/13/2026)

January 13, 2026

Attachment C Prime Contract T&C Flow Downs

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

00OR22725] (BSD-CS-2258)

January 13, 2026

Attachment D Representations and Certifications

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

March 2026

4. STATEMENT OF WORK/SPECIFICATIONS

See Attachment C – Specifications

Detailed Delivery Schedule:

Delivery Console and Magnet System – 8/2026 QCI-F and BBFO Cryoprobes – 10/2026 3.2mm HX CPMAS iProbe – 12/2026 3.2mm HX CPMAS Cryoprobe – 9/2027

5. PROPOSAL PREPARATION

Preparation of Offers. (a) Offerors are expected to examine the drawings, specifications, descriptions, terms and conditions, and all instructions. Failure to do so will be at the Offeror's risk. (b) Each Offeror shall furnish the information required by the solicitation. The Offeror shall sign the offer. Erasures or other changes must be initialed by the person signing the offer. (c) Unit price for each unit offered shall be shown and such price shall include packing and shipping materials unless otherwise specified. A total price shall be entered for each item offered. Any tariffs shall be expressly stated and priced separately. In case of discrepancy between a unit price and total price, the unit price will be presumed to be correct. (d) Offeror must state a definite time for delivery of supplies or performance of services unless otherwise specified in the solicitation. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays unless offeror expressly states offer is in business days. (e) Offers in strict accordance with the solicitation are desired.

Any exceptions should be referenced to related documents by title, page, and paragraph, and should be set forth in detail. (f) This request does not commit Company to pay for any costs incurred in the preparation and submission of an offer or for any other costs incurred prior to the execution of an Agreement.

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

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

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

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

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

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

Proposal Contact. Any questions regarding any portion of this RFP must be coordinated through the Company’s Procurement Officer, identified as Company’s Contact in the Introduction. No written or verbal correspondence will be permitted with any other member of the Company without coordination through the Company’s Procurement Officer.

Failure to comply with this requirement may result in the Offeror’s disqualification from consideration for award. The Company is open to proposal clarification questions/discussions in regard to this RFP via the email address or telephone number provided in the Introduction.

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

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

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

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

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

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

(1) Advise the Company that the technical data, or portions thereof that are identified by the Offeror, are covered by the restrictive notice regarding the disclosure and use of proposal information in

BSD-CS-2282 (Rev.2) October 1, 2025 accordance with the provision of this RFP entitled Treatment of Offer Information and request that such protection be maintained by excluding the data from the Government’s rights; or

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

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

Rights to Proposal Data (Technical)

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

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

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

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

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

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

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

Brand Name or Equal. (a) If items called for by this solicitation have been identified by a "brand name or equal" description (including identification of products by make and model), such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be considered satisfactory.

Offers proposing "equal" products (including products of the brand name manufacturer other than the one described

BSD-CS-2282 (Rev.2) October 1, 2025 by the brand name) will be considered for award if such products are clearly identified in the offer and are determined by the Company to meet fully the salient characteristics’ requirements listed in the solicitation.

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

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

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

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

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

Conditions Affecting the Work. Offerors should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve Offerors from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Company will assume no responsibility for any understanding or representations concerning conditions made by any of their officers or agents prior to the execution of the Agreement, unless that understanding or representation is expressly stated in the Agreement resulting from this solicitation.

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

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

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

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

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

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

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

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

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

FOB and Shipping Terms. FOB Destination – Delivery Duty Paid is the preferred time.

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

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

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

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

✓ Quotations

✓ Exceptions/Non-Compliance

✓ Conditions of Proposal / Assumptions

✓ Supplementary Requirements

Milestone Payment Plan. The Company may consider a proposed payment plan with the Offeror’s response.

Proposed payments must demonstrate significant progress against the schedule incorporated into the subcontract.

EXCEPTIONS/NON-COMPLIANCE:

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

CONDITIONS OF PROPOSAL/ASSUMPTIONS:

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

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

SUPPLEMENTARY REQUIREMENTS:

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

Organizational Conflicts of Interest. RESERVED.

Small Business Subcontracting Plan. RESERVED.

Cost Accounting Standards. RESERVED.

Certified Cost and Pricing Data. RESERVED.

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

6. COMPETITION

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

Access to ORNL Site. Vendor personnel may come onto the ORNL site only if they have a current ORNL badge or a visitor's pass. Persons who need visitors' passes to deliver offers or participate in site visits must provide their e-mail address to the Procurement Officer on a workday at least 24 hours in advance. The Site Administrator will send a link to a secure portal (via-email) where vendor personnel provide the following information: (i) Full name, (ii) employer, (iii) social security number, (iv) date of birth, (v) gender and (vi) country of citizenship. Visitors' passes must be picked up at the Visitor Center, Building 5200. Government issued photo identification is required.

Questions. Questions concerning this RFP must be submitted in writing, via email, to the Procurement Officer listed in the Introduction of this RFP. Information given to one prospective offeror will be furnished to all prospective offerors if a lack of the information would be prejudicial to them.

7. BASIS OF AWARD

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

Technical Acceptability Factors:

1. Provide the requested item per Specification (Attachment A) with no exceptions.

2. Proposal shall meet delivery timeline detailed in section 4 above.

8. SPECIAL PROVISIONS

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

NAICS Code: 334516 Description: Analytical Laboratory Instrument Manufacturing Size Standard: 1,000 Employees

FAR 52.211-6 Brand Name or Equal shall apply

Exhibit 9 – Technical Data (June 2011)

Milestone Payment Clause (May 2010)

ACCEPTANCE OF ORDER – CERTIFICATIONS Your acceptance of this order serves as your certification to the stated NAICS code and size standard, and that you are in compliance with FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, and FAR 52.203-11, Certification and Disclosure Regarding payments to Influence Certain Federal Transactions, as of the time of award.

SHIPPING TERMS

FOB Destination – Delivered Duty Paid (DDP)

Delivery Drivers Must be U.S. Citizens:

All deliverables coming onsite to a DOE laboratory, including Oak Ridge National Laboratory (ORNL), must be delivered by a United States citizen. If a foreign national attempts to deliver anything to the Company site, the driver will be asked instructed to turn around and will not be allowed onsite.

Delivery Hours

NOTE: Deliveries are accepted Monday through Friday, from 7:00 a.m. to 3:00 p.m. (Local Time). Any shipment offloads that require the use of a crane after 1:00 p.m. must be coordinated specifically with the Company's Receiving

Department or may be rejected.

Packing and Shipment

The Seller is responsible for all packing and shipping provisions to ensure that the equipment arrives to the

Company's site in an undamaged condition. The Instrument shall be suitably packed, rigidly crated, braced and protected against weather, damage, and strain during shipment.

ES&H CLAUSES

Electrical - Accessible/Exposed Electrical Hazards (July 22, 2019):

Seller must submit completed AHA form https://contracts.ornl.gov/activity-hazard-analysis-aha/ The Seller shall perform service and maintenance activities employing work practices required for electrical safety by the Occupational Safety and Health Administration (OSHA) in 29 CFR 1910 Subpart S, 29 CFR 1926 Subpart K, and NFPA 70E, Standard for Electrical Safety in the Workplace 2015 Edition.

Maintenance, testing, startup, and repair activities involving the potential for contact with exposed energized electrical circuits or parts shall be performed with the equipment de-energized unless this is infeasible because of diagnostic or operational limitations. To control potential electrical hazards, system components shall be disconnected from their electric energy source(s), with the disconnecting means (power cord and plug, safety switch, etc.) under the control of the service Seller. All stored electrical energy which might endanger personnel through contact (high amperage batteries, capacitors and high capacitance elements, high energy electromagnets, etc.) shall be discharged or safely isolated from the circuit.

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

Prior to working on or near any energized parts, Seller shall, via the Technical Project Officer (TPO), obtain approval from the Company’s applicable Level II Manager prior to performing the proposed activities. The TPO has responsibility for providing the Subcontractor with approval prior to working on or near any energized part. The TPO responsibility includes ensuring a prejob dialogue on job hazards and controls between the service subcontractor and TPO and/or Company electrical SME.

Submittal Requirement Activity Hazard Analysis (Sept 2018)

Each Safety and Health clause below requires the Seller to submit a completed Activity Hazard Analysis/es(AHA)Form to the Company's Technical Project Officer. Submittal of this form(s) shall take place in advance of physical work performance on site.

The Technical Project Officer is responsible for providing the Seller work authorization.

All AHAs located at our website: https://contracts.ornl.gov/ under Worker Safety & Health and then Activity Hazard Analysis (AHA).

QUALITY CLAUSES

Commercial Items Meeting Catalog Description With this order, written documentation shall be provided verifying that the products ordered by the Company based on the stated catalog specifications have been supplied. An example of acceptable documentation is a completed listing of the products shipped with the associated catalog numbers.

Documentation for Commercial Items for Radiological Application The products included in this order will be used in a DOE radiological application. With this order, written documentation shall be provided verifying that the products ordered by the Company based on the stated catalog specifications have been supplied. An example of acceptable documentation is a completed listing of the products shipped with the associated catalog numbers.

Packing and Shipping The Seller is responsible for all packing and shipping provisions to ensure that the system arrives at the Company’s site in an undamaged, working condition. The Seller shall inform the Company of shipping plans two weeks before actual shipment.

Post-Installation Service & Maintenance Service and maintenance shall be available from factory-trained service engineers, and to help ensure maximum safety for such activities, an established service network shall be in place. The service and maintenance contracts shall include routine maintenance visits (at least two visits per year) for cleaning and minor adjustments and emergency visits for inoperative equipment. Under such an emergency, the Seller's service personnel and any required replacement parts shall arrive at the installation site within two working days of notification by the Company that the equipment is inoperative. Replacement of critical system components shall be covered under emergency service.

Price-Anderson Amendments Act

(a) This Agreement is subject to the Price-Anderson Amendments Act, Section 234A of the Atomic Energy Act (AEA) of 1954, as amended, and DOE's implementing regulations at 10 CFR Part 820, Procedural Rules for DOE Nuclear Activities, 10 CFR Part 830, Nuclear Safety Management, 10 CFR Part 835, Occupational Radiation Protection, and 10 CFR Part 708, DOE Contractor Employee Protection Program (hereinafter "DOE's Nuclear Safety Requirements"). The requirements of this clause do not apply to activities that are regulated, and either indemnified or subject to financial assurance provisions, through a license by the Nuclear Regulatory Commission (NRC) or a State under an Agreement with the NRC (an "Agreement State"), including activities certified by the NRC under Section 1701 of the AEA.

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

(b) The Seller assumes full responsibility for and shall indemnify, hold harmless, and defend the Company, its members, directors, officers, and employees from any liability under Section 234A of the AEA, as amended (42 USC § 2282a), or DOE's implementing regulations at 10 CFR Part 820, Procedural Rules for DOE Nuclear Activities, arising out of the activities of the Seller, its subcontractors, suppliers, agents, employees, and their officers, or directors. The Seller's obligation to indemnify, hold harmless and defend includes attorneys' fees and other reasonable costs of defending any action or proceeding instituted under Section 234A of the AEA, as amended, or 10 CFR Part 820.

(c) The provisions of this paragraph (c) apply to any activity carried out pursuant to this Agreement by the Seller, its subcontractors, suppliers, agents, and employees that has the potential to result in an exposure of an individual to radiation or radioactive material.

(1) All such activities carried out pursuant to this Agreement shall be conducted in accordance with either:

(A) The Company's Radiological Protection Program (RPP), current edition as revised from time to time, and implementing procedures; or

(B) The Seller’s own DOE-approved RPP that is compliant with all applicable requirements of 10 CFR Part 835, Occupational Radiation Protection, and which has been reviewed and approved by the Director of the Company’s Nuclear and Radiological Protection Division.

(2) The Seller shall report to the Company's Technical Project Officer (TPO) those issues which may result in noncompliances requiring reporting in accordance with 10 CFR Part 835 and/or the Company's RPP. Verbal notification of such noncompliances shall be provided immediately upon discovery, followed by timely written notification.

(d) The provisions of this paragraph (d) apply to any activity carried out pursuant to this Agreement by the Seller, its subcontractors, suppliers, agents, and employees that has the potential to affect the nuclear safety of a DOE nuclear facility (as defined in 10 CFR Part 830, including those commonly referred to as radiological facilities or radiological activities).

(1) All such activities carried out pursuant to this Agreement shall be conducted in accordance with either:

(A) The Company's Quality Assurance Program (QAP), current edition as revised from time to time, and implementing procedures; or

(B) The Seller's own QAP that is compliant with all applicable requirements of 10 CFR Part 830, Subpart A, Quality Assurance Requirements, and which has been reviewed and approved by the Director of the Company's Performance Analysis and Quality organization.

(2) The Seller shall report to the Company's TPO those issues which may result in noncompliances requiring reporting in accordance with 10 CFR Part 830 and/or the Company's QAP. Verbal notification of such noncompliances shall be provided immediately upon discovery, followed by timely written notification.

(e) Any written programs developed and maintained by the Seller to implement the requirements of this clause (e.g., administrative controls, procedures, and technical work documents) are subject to review by the Company at any time.

(f) The Seller may be subject to enforcement actions under 10 CFR Part 820 for violating DOE's Nuclear Safety Requirements, any program or plan implementing DOE's Nuclear Safety Requirements, failing to provide the product and/or service described in the Agreement (to the extent that product and/or service has the potential to affect nuclear safety), or failing to provide information pertaining to the quality of the purchased supplies or services that is complete and accurate in all material respects.

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

(g) The Seller shall include, and require the inclusion of, this clause in subcontracts at any tier that are subject to the Price-Anderson Amendments Act.

Seller Installation and Start Up The Seller shall provide qualified personnel to perform and oversee or oversee all system installation and start-up activities necessary to ensure the system is fully functional upon completion. In addition, the Seller shall provide personnel to provide comprehensive training necessary to operate the system to its full capabilities as stated in the technical portion of the specification.

Seller-Supplied Calibrations All system instrumentation or devices requiring calibration shall be listed. Calibrations to be performed prior to shipment shall be completed and documented. Records of the calibrations including methods and standards utilized and personnel performing the calibrations shall be documented and provided with the shipment.

Software Quality Assurance The following shall be provided by the supplier (within the performance period of the contract):

1. Supplier shall provide formal on-site, off-site, or on-line training for users, if requested.

2. Supplier shall provide a process to notify users of defects, new releases, or issues that impact the operation of the software. Supplier shall also provide a process to allow users to report defects and request assistance in operating the software. Supplier shall provide feedback on problem resolution for reported defects.

3. Supplier shall label new releases and upgrades of the software to allow unique identification of changes by revision.

4. Supplier shall provide assurance of the software quality by allowing an external assessment of their SQA program or providing evidence of the software quality via (a) self-declaration that the software meets the intended quality, (b) third-party certification, or (c) acceptance based on key characteristics (e.g., large user base)

9. PAYMENT TERMS

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

10. CLOSING

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

Sincerely, Amina Sophia Khaliq Phone: 865-574-6143 Email: khaliqas@ornl.gov mailto:khaliqas@ornl.gov