Sample SubK - RFP MG-05132026.pdf

Subcontract No. TBD Page 1

SUBCONTRACT

NO. TBD

The Regents of the University of California Lawrence Berkeley National Laboratory One Cyclotron Road Berkeley, CA 94720

Subcontractor:

TBD

Attention: TBD Town/State/TBD Phone: TBD E-Mail: TBD

University Procurement Representative:

Name: Martha Gamarano Grausz Title: Sr. Subcontracts Administrator Phone: (510) 486-6618 E-Mail: MGGrausz@lbl.gov

Introduction This is a fixed price Subcontract (hereinafter "Subcontract") for the manufacturing of the mechanical sub-assemblies and components for the “Hard Bend” (HBEND) permanent magnet (PM) dipole bending magnets for the Advanced Light Source Upgrade (ALS-U) storage ring, as further described herein. The North American Industry Classification System (NAICS) for this acquisition is 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing, 750 or fewer employees.

This Subcontract is between The Regents of the University of California, (hereinafter "University") and the party identified above as the "Subcontractor".

This Subcontract is issued under Prime Contract No. DE-AC02-05CH11231 between the University and the United States Government (hereinafter "U.S. Government"), represented by the Department of Energy (hereinafter "DOE") for the management and operation of the Lawrence Berkeley National Laboratory (hereinafter "LBNL") and the performance of certain research and development work.

Agreement The parties agree to perform their respective obligations in accordance with the terms, conditions, and provisions of the attached SCHEDULE OF ARTICLES and the documents referenced or incorporated therein, which together with this Signature Page shall collectively constitute the entire Agreement and shall supersede all prior negotiations, representations, or agreements, whether verbal or written.

VENDOR TBD

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

By:

By:

Name:

Name:

Title:

Title:

Date:

Date:

Subcontract No. TBD Page 2

SCHEDULE OF ARTICLES

ARTICLE 1 – ORDERED ITEMS

Description The Subcontractor shall furnish and deliver the following ordered item(s), in accordance with this Subcontract:

Item

LBNL Item

ID

Description Quantity UOM Price Extended Amount

Delivery Schedule:

1 AL-1210-

LOWER YOKE

ASSY 8 EA $TBD $TBD By

01/15/2027

2 AL-1210-

1735 UPPER YOKE ASSY 8 EA $TBD $TBD

By 01/15/2027

3 AL-1404-

9505 SUPPORT ASSY 8 EA $TBD $TBD

By 01/15/2027

4 AL-1404-

ACTUATOR,

HBEND 32 EA $TBD $TBD

By 01/15/2027

5 AL-1828-

YOKE MID BLOCK-

1 ASSY 16 EA $TBD $TBD

By 01/15/2027

6 AL-1317-

YOKE MID BLOCK-

2 ASSY 16 EA $TBD $TBD

By 01/15/2027

7 AL-1312-

LINKAGE PLATE

ASSY 16 EA $TBD $TBD

By 01/15/2027

8 AL-1304-

FIDUCIAL BASE

OUTBOARD ASSY 16 EA $TBD $TBD

By 01/15/2027

9 AL-1304-

FIDUCIAL BASE

INBOARD ASSY 16 EA $TBD $TBD

By 01/15/2027

10 AL-1383-

FIDUCIAL

SUPPORT ASSY 8 EA $TBD $TBD

By 01/15/2027

11 AL-1357-

6808 CABLE DUCT ASSY 8 EA $TBD $TBD

By 01/15/2027

12 AL-1357-

CABLE DUCT SIDE

ASSY 8 EA $TBD $TBD

By 01/15/2027

Subcontract No. TBD Page 3

13 AL-1231-

M18X1X33 THRD

COAXIAL ROD 192 EA $TBD $TBD

By 01/15/2027

Per instruction

AL-1887-

Testing Fixture for drive systems 1 EA $TBD $TBD

By 02/26/2027

Per SOW Appendix A

Closeout Checklist 1 EA $TBD $TBD By 02/26/2027

Total Subcontract Amount $TBD

The above delivery schedule identifies the date(s) by which the specified item(s) shall be delivered to the shipping address indicated in the article below entitled Shipping Requirements.

Acceptance Acceptance of the items described above is based upon successful completion of the acceptance criteria per the Statement of Work (SOW) AL-1852-0921, titled SOW ALS-U Storage Ring HBEND Magnets Mechanical System Revision D, dated 05/11/2026, Section 6.5 – Acceptance criteria incorporated into this Subcontract.

Electrical Device Certification Requirement All electrical equipment, components, conductors and other items delivered to the University, or to any subcontractor facility or remote work location, of the type requiring testing by a Nationally Recognized Testing Laboratory (NRTL) recognized by the Occupational Safety and Health Administration (OSHA) shall be NRTL listed, labeled, and certified in accordance with Part 1910, Occupational Safety and Health Standards, of Title 29 of the Code of Federal Regulations (29 CFR 1910). The Subcontractor shall notify the Technical Representative, Technical Representative, in writing, of any item to be delivered that does not meet this requirement. The University reserves the right to refuse delivery of or return any such items.

Information on required NRTL testing is available at https://www.osha.gov/nationally-recognized-testing-laboratory-program.

Notice to Proceed The following documents shall be submitted to the University. Acceptable documents, as determined by the University, must be submitted, and a Notice to Proceed must be issued before any work may commence, unless otherwise noted below.

• Hold Point (HP) – The Subcontractor must not proceed beyond a hold point (HP) per the incorporated SOW AL-1852-0921, titled SOW ALS-U Storage Ring HBEND Magnets

• Mechanical System Revision D, dated 05/11/2026, Section 4.5 – Hold Points and what is required, without a formal written Notice to Proceed (NTP).

ARTICLE 2 – PRICE AND PAYMENT

Fixed Price The Subcontractor shall furnish and deliver the ordered item(s) for the total fixed price of $TBD.

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Sales or Use Tax Items purchased by the University hereunder are treated as for resale, per the University's California State Resale Permit No. SR-CH 21-835970 for LBNL, and shall not be subject to any California or other State sales or use tax if shipped to California. Any items furnished hereunder for rentals or leases are subject to California State sales or use tax, and such tax is included in the fixed prices/rates stated herein.

The University of California State Resale Permit No. SR-CH 21-835970 for LBNL is available at:

http://procurement.lbl.gov/supplier-forms/.

Invoices

• The Subcontractor shall email invoice(s) directly to the LBNL Accounts Payable Office at APInvoice@lbl.gov, within thirty days of the acceptance of the item(s). The "subject" line of the email shall state the Subcontractor's name and the Subcontract number. If final invoices are not submitted within 180 days of acceptance, then any amounts paid by the University to that point will represent satisfaction in full by LBNL under this Subcontract and an Accord and Satisfaction.

This means that LBNL will not be obligated to make any further payments under this Subcontract.

To avoid delays in processing and payment, Subcontractors should include only one attachment per email. Multiple invoices should be combined and attached as a single portable document format (PDF) or Microsoft Word or rich text format (RTF) file (up to 30 individual invoices per attachment) or emailed separately (one attachment per email). Do not include icons/pictures in the email (logos, etc.) and ensure only one subcontract number is listed on the invoice.

• Invoice(s) shall state: the Subcontract number; the Subcontractor (including business heading or logo); bill to address (same address as above); invoice date; unique invoice number; remittance address; sufficiently identify the items/services being invoiced; and identify any separately payable freight charges (with receipts if available) and taxes. Invoice(s) in a spreadsheet format are not acceptable, but a spreadsheet can be used to support an invoice. The Subcontractor shall maintain records which support all invoiced amounts and provide them to the University Procurement Representative upon request.

Payment Terms All invoices except the final invoice shall be payable within 30 days of receipt, or 15 days if the Subcontractor is a designated small business, if the invoice submission complies with the subcontract requirements for invoicing; provided, however, that payments made thereafter shall not be subject to any penalty, interest, or late charges. Only those items/services identified in this Subcontract or a Subcontract Modification will be considered for payment. Payment amounts may be adjusted for any applicable credits, offsets, or withholds. Full payment shall not be due until any final acceptance requirements of this Subcontract have been satisfied. For inquiries about the status of an invoice, call (510) 486-6954 or aphelp@lbl.gov.

Allocated Funding Limit

• The funding presently allocated for payment to the Subcontractor under this Subcontract is limited to $TBD. The allocated funding amount covers the completion of TBD.

• It is anticipated that the University will increase this allocated funding amount up to the total fixed price of this Subcontract as funding becomes available, excluding unexercised options;

however, the University shall not be obligated to do so beyond the currently funded amount. The http://procurement.lbl.gov/supplier-forms/ mailto:APInvoice@lbl.gov mailto:aphelp@lbl.gov

Subcontract No. TBD Page 5 allocated funding amount may be unilaterally changed by the University Procurement Representative by issuance of a written modification to this Subcontract.

• The allocated funding amount specified above shall be the limit of the University's liability for all costs under this Subcontract, any other provision to the contrary notwithstanding. The Subcontractor is not authorized to proceed beyond the point where the amount payable by the University (the price of services the allotted funds cover) equals the amount of the funds allocated. The Subcontractor is not obligated to continue performance under this Subcontract or otherwise incur cost or expenses in excess of the allocated funding amount. The Subcontractor shall notify the University in writing at least five working days prior to stopping work to avoid exceeding the allocated funding amount.

• If the University provides funding in accordance with the milestone/payment/deliverable funding schedule, the subcontractor is required to perform and deliver the entire scope of work covered by the fixed price regardless of the rate at which the subcontractor progresses, incurs costs, or expects to experience profit or loss, and the University will pay the subcontractor the entire fixed price for the action, subject to other terms and conditions of the subcontract.

ARTICLE 3 – SUBCONTRACT ADMINISTRATION

Notices, Requests, and Modifications The Subcontractor shall submit all notices and requests for approval by email to the University Procurement Representative indicated on the signature page.

Only the University Procurement Representative is authorized to modify the terms, conditions, and requirements of this Subcontract, including any changes to the description of the work, and to issue any notices and approvals required by this Subcontract. Certain changes to this subcontract may be made only by the University Procurement Representative without subcontractor agreement or negotiation prior to the change. Such changes may include: changes of an administrative nature, directed changes pursuant to the clause incorporated herein entitled: “CHANGES,” unilateral modifications authorized by clauses other than the Changes clause, and termination notices. Apart from the University Procurement Representative’s authority to issue unilateral changes, the parties may mutually agree to make changes in the work ordered, or modify any other term or condition of the subcontract, resulting in an amendment to the subcontract, but only by a written modification signed by the authorized representatives of both parties.

Technical Representative Technical Representative is the Technical Representative for this Subcontract. This individual is designated to monitor performance of the work and to interpret and clarify the technical requirements, but is not authorized to make changes to the work or to modify any of the terms and conditions of this Subcontract, including those related to the completion schedule or pricing.

Technical Representative TechRep@lbl.gov

(510) 486-XXXX

Technical Direction and Changes Performance of the work under this Subcontract shall be subject to the technical direction of the University Technical Representative. The Subcontractor shall promptly proceed with the performance of technical direction of the nature prescribed by this article issued by the University Technical Representative.

Subcontract No. TBD Page 6

The term "technical direction" is defined to include directions to the Subcontractor within the Scope of Work of the Subcontract which: (1) clarify the desired work emphasis between work areas or tasks; (2) direct the pursuit of certain lines of inquiry; (3) assist in the interpretation of drawings, specifications, or technical portions of the work description; or (4) fill in details necessary to perform and complete the Scope of Work. All technical direction must be issued in writing by the University Technical Representative.

The University Technical Representative is not authorized to issue any technical direction which would:

(1) constitute an assignment of work outside the general scope of the work covered by this Subcontract;

(2) change the description of the work to be performed or any applicable drawings, designs, and specifications; (3) change the time or place of performance; the method of shipment or packaging, or the place of inspection, delivery or acceptance; (4) increase the estimated cost for performance of the work, the fixed fee, or the time required for performance of the work; (5) change any expressed term or condition of the Subcontract; or (6) unreasonably interfere with the Subcontractor’s ability to perform and complete the work.

Any such technical direction must first be authorized by a written modification to this Subcontract issued by the University Procurement Representative, as provided in the clause of these General Provisions entitled Changes.

If any instruction or direction by the University Technical Representative falls within one of the types described in the paragraph above, the Subcontractor shall not proceed to act on such technical direction and shall promptly notify the University Procurement Representative. Upon receipt of a notification from the Subcontractor, the University Procurement Representative shall promptly advise the Subcontractor either that, in accordance with the Changes clause: (1) the technical direction is within the general scope of the Subcontract and does not constitute a change and to proceed to act on such technical direction; or

(2) the technical direction is not within the general scope of the Subcontract or would constitute a change, and to not act on such technical direction unless and until the University issues a written modification to the subcontract.

Closeout The Subcontractor shall, as a condition of full payment, assist the University after the completion of the work in accomplishing the administrative closeout of this Subcontract, including, as necessary or required, the furnishing of documentation and reports, the disposition of property, the disclosure of any inventions, the execution of any required documents (including an Assignment and Release form if this form is an incorporated document), the performance of any audits, and the settlement of any interim or disallowed costs.

ARTICLE 4 – FURNISHED AND ACQUIRED PROPERTY

Definitions

• Accountable Personal Property -- Accountable Personal Property includes nonexpendable personal property whose expected useful life is two years or longer and whose acquisition value, as determined by the agency, warrants tracking in the agency's property records, including capitalized and sensitive personal property (41 CFR 102-35.20).

• Equipment (Controlled) -- Equipment (Controlled) means a tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a

Subcontract No. TBD Page 7 subcontract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use (48 CFR Subpart 45.101).

• Sensitive Personal Property -- Sensitive Personal Property includes all items, regardless of value, that require special control and accountability due to unusual rates of loss, theft or misuse, or due to national security or export control considerations. Such property includes weapons, ammunition, explosives, information technology equipment with memory capability, cameras, and communications equipment. These classifications do not preclude Subcontractors from specifying additional personal property classifications to effectively manage their programs (41 CFR 102- 35.20).

• High Risk Personal Property -- High Risk Personal Property means property that, because of its potential impact on public health and safety, the environment, national security interests, or proliferation concerns, must be controlled, and disposed of in other than the routine manner. The categories of high risk property are automatic data processing equipment, especially designed or prepared property, export controlled information, export controlled property, hazardous property, nuclear weapon components or weapon-like components, proliferation sensitive property, radioactive property, special nuclear material, and unclassified controlled nuclear information (41

CFR 109-1.100-51).

• Administratively Controlled Property -- Administratively Controlled Property is Government personal property that is not identified as accountable property and is not subject to inventory.

Administrative controls, to the extent practicable, are placed on all property, regardless of useful life, cost, or sensitivity. Administratively controlled property, to the extent practicable, is identified as U.S. Government Property or U.S. DOE Property using an orange LBNL/DOE U.S.

Govt. Prop. sticker. Property controlled at the discretion of individual DOE offices but for which there is no DOE requirement to retain formal records (41 CFR 109-1.100-510).

• Consumable Goods/Supplies -- Consumable Goods/Supplies means a product that is routinely depleted. Examples include supplies such as paper, pens, file folders, toner, ink cartridges, etc.

University Furnished Property The University will furnish the following Hardware for use as required under this Subcontract:

Please refer to the SOW AL-1852-0921, titled SOW ALS-U Storage Ring HBEND Magnets Mechanical System Revision D, dated 05/11/2026, Section 2.1 – LBNL-provided components.

Subcontractor Acquired Property

NONE

Disposition All University Furnished Property and Subcontractor Acquired Property listed above must be identified, utilized, accounted for, and protected in accordance with the Property clause of the General Provisions.

If a determination is made that the property must be returned to LBNL, the Subcontractor will be responsible for the associated transportation costs. The Subcontractor must submit a completed Final Property Certification form, as incorporated herein or provided, confirming the property disposition.

ARTICLE 5 – SHIPPING REQUIREMENTS

Shipping Terms

Subcontract No. TBD Page 8

The shipping terms are FOB Destination, freight prepaid, and add. All shipments shall be shipped via the Subcontractor's vehicles or a licensed common carrier selected by the Subcontractor, at the Subcontractor's expense.

OR

Shipping Terms (if a foreign subcontractor is selected) The shipping terms are Delivered at Place Unloaded (DPU) (per Incoterms 2020) to the delivery address. All shipments shall be shipped via a U.S. flag air carrier or U.S. ocean vessel and a U.S.

licensed common carrier selected by the Subcontractor.

Shipping Value Items shall be shipped at the maximum declared value for the lowest applicable transportation rate or classification, and the bill of lading shall note it as such.

Shipping Cost Airway bills shall be marked with the appropriate “Government Package” entry. Shipping costs in excess of those per the shipping instructions specified in the subcontract shall be deducted from the Subcontractor’s invoice.

Shipping Address All shipments shall be shipped to the following address:

Lawrence Berkeley National Laboratory For the U.S. Department of Energy One Cyclotron Road, Building 69 Berkeley, CA 94720

Shipping Point The shipping point is: TBD.

Customs Clearance To facilitate customs clearance, 48 hours prior to vessel departure Subcontractor shall email or fax interfreight copies of the following documents to Aeronet Worldwide (broker identified below) and the University Procurement Representative (identified in the Subcontract):

• Bill of Lading

• Commercial Invoice

• Packing List

Aeronet Worldwide 1755 Rollins Road Burlingame, CA 94010 Phone: (650) 259-2155 Fax: (650) 259-2150 Email: SFOimport@aeronet.com mailto:SFOimport@aeronet.com

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ARTICLE 6 – REPORTS

Type of Reports The Subcontractor shall prepare and submit the following reports to the University:

• Reports as identified within the Statement of Work Reports as identified within the SOW AL-1852-0921, titled SOW ALS-U Storage Ring HBEND Magnets Mechanical System Revision D, dated 05/11/2026, Section 4.2 - Reporting/communication requirements, shall be prepared and submitted in accordance with the instructions provided therein.

Submittal Reports shall be separately submitted to the following recipients at the following email or mailing address:

Lawrence Berkeley National Laboratory Attention: [Intended Recipient; see below] One Cyclotron Rd., Mail Stop [see below] Berkeley, CA 94720

Recipient Mail Stop Email Technical Representative TBD TBD@lbl.gov Martha G. Grausz 90R1121-PROC mggrausz@lbl.gov

MG

ARTICLE 7 – PRELIMINARY INSPECTION

The University reserves the right to observe and witness all phases of the manufacturing of the items, including design, fabrication, assembly, testing, and inspection, conducted at the Subcontractor's facility or at any of its sub-tier subcontractors' facilities.

Preliminary in-process and source inspections may be performed at the Subcontractor's facility or at any of its sub-tier subcontractors' facilities. The inspection shall allow the University to verify that the Subcontractor has met the requirements of this Subcontract. Prior to University inspection, the Subcontractor shall perform a complete inspection and document the results. The Subcontractor shall present this documentation to the University at the time of the preliminary inspection. Such preliminary inspection does not waive the right of the University to inspect and accept or reject at the destination. The University reserves the right to subcontract with a qualified third party to conduct on its behalf any or all of the University inspections.

ARTICLE 8 – ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

The Laboratory is subject to several interacting initiatives and federal and DOE requirements related to sustainability, including waste reduction, Recycled Content Products (EPA Designated Products), Biobased (BioPreferred®), energy efficient products (EnergyStar®), environmentally preferable and energy efficient electronics (EPEAT® and Federal Energy Management Program (FEMP) Designated mailto:mggrausz@lbl.gov

Subcontract No. TBD Page 10

Products), Non-Ozone Depleting Alternative Products (SNAP) and Water Efficient Plumbing Products (EPA Watersense®). The Laboratory also implements State of California requirements on packaging and electronic waste recycling.

The subcontractor must deliver products and services in compliance with this article which implements the requirements of DOE’s Sustainable Acquisition Program, as well as other federal- and state-mandated sustainability requirements.

In the performance of this Subcontract, the Subcontractor must specify, furnish, and use environmentally preferable products and services (i.e., products and services with a lesser or reduced effect on human health and the environment), to the maximum possible extent consistent with the Subcontract requirements herein, the General Provisions, and the intended end use of the products or services. The Laboratory generally considers the requirements practicable unless a specific program exception applies. Refer to the GSA Clearinghouse, which replaced the GSA Sustainable Facilities Tool (SFTool), for links to sustainability resources and information on environmental programs the Laboratory and its suppliers/subcontractors are required to comply with, including exceptions.

The subcontractor must maximize, to the extent feasible, the procurement of materials and operations with lower embodied emissions and alternatives to ozone-depleting substances and high global warming potential hydrofluorocarbons.

The subcontractor must minimize, to the extent feasible, the supply of products and services determined by the EPA to be contaminants of emerging concern (CEC), including pharmaceuticals and personal care products and CECs found therein. The subcontractor shall provide Safer Choice labeled products under this subcontract, as applicable. The subcontractor is encouraged to visit https://www.epa.gov/saferchoice for updated lists of qualifying products.

The subcontractor must minimize the supply of products with toxic and hazardous characteristics, and minimize the generation of toxic and hazardous waste, to the maximum extent practicable.

E-Waste Recycling Requirements. All recyclers of electronic equipment must be e-Steward certified by the Basel Action Network (BAN).

For any equipment removed by the subcontractor and scheduled to be refurbished or recycled, the subcontractor must attest that those actions will be handled by a refurbisher or recycler that is third-party certified to one of the known electronics recycling certification programs that is used in the United States, the Responsible Recycling Standard (R2) or the E-Stewards Standard.

Information on environmentally preferable products and services is also available at:

https://www.epa.gov/contracts/greening-government-procurement. State of California sustainable procurement information can be found at: https://ucop.edu/procurement-services/for-suppliers/sustainable-procurement/sustainable-procurement-training-resources.html

Questions regarding these sustainable acquisition requirements may be directed to the Laboratory Sustainable Procurement Representative (Business-Assurance-Sustainable@lbl.gov).

https://sftool.gov/learn/about/652/vendor-resources#sftoolpages https://www.epa.gov/saferchoice https://www.epa.gov/contracts/greening-government-procurement https://ucop.edu/procurement-services/for-suppliers/sustainable-procurement/sustainable-procurement-training-resources.html https://ucop.edu/procurement-services/for-suppliers/sustainable-procurement/sustainable-procurement-training-resources.html mailto:Business-Assurance-Sustainable@lbl.gov

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Packaging The subcontractor must minimize the supply of single use items including single-use plastic foodware (e.g., plates, cups, utensils, beverage bottles and bags).

The subcontractor must make good faith efforts to utilize smart-size packing; to customize box sizes in order to reduce packaging waste, and to minimize the number of shipments per order. Recycling practices and methods should be used to minimize the adverse effects on the environment. The subcontractor must use every reasonable effort to use cardboard and paper-based packaging materials for shipments to the Laboratory.

Packaging Requirements All packaging must be compliant with the California Toxics in Packaging Prevention Act (California AB 455). and must meet all additional standards and requirements set forth in the UC Sustainable Practices Policy. In addition, the Laboratory requires that all packaging meet at least one of the criteria listed below:

• Uses bulk packaging;

• Uses reusable packaging (e.g. totes reused by delivery service for next delivery);

• Uses innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging that is a component of the product;

• Maximizes recycled content and/or meets or exceeds the minimum post-consumer content level for packaging in the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines;

• Uses locally recyclable or certified compostable material.

Foam packaging is prohibited as follows:

• Foam Ban – Food Service Packaging - The Laboratory does not allow packaging foam or expanded polystyrene (EPS) for takeaway containers or other food service items, in any University-owned or -operated food service facility.

• Foam Ban – Product Packaging - The Laboratory prohibits all subcontracted and non-subcontracted suppliers from selling or distributing packaging foam (other than that utilized for laboratory supply or medical packaging) to the Laboratory. Packaging foam is defined as any open or closed cell, solidified, polymeric foam used for cushioning or packaging, including but not limited to: low-density polyethylene foam, polypropylene foam, polystyrene foam (i.e. EPS), polyurethane foam, polyethylene foam, polyvinyl chloride (PVC) foam, and microcellular foam.

Not included in this ban are easily biodegradable, plant-based foams such as those derived from corn or mushrooms.

ARTICLE 9 – REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED

COMPUTER SOFTWARE

The Federal Acquisition Regulation clause FAR 52.214-14, RIGHTS IN DATA-GENERAL, is incorporated by reference as part of this Subcontract. Under the clause, the Subcontractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. By acceptance or performance of this Subcontract, the Subcontractor certifies that none of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data or restricted computer software. If the Subcontractor believes data to be provided for fulfilling the data delivery requirements under this Subcontract qualify as limited rights data or restricted computer software, Subcontract No. TBD Page 12 the Subcontractor must notify the University procurement representative and the University technical representative identified in the Subcontract, within 10 days of award, and identify such data.

ARTICLE 10 – INCORPORATED DOCUMENTS

The following documents are hereby incorporated as a part of this Subcontract. The order of precedence for each document must be as specified in the Entire Agreement and Order of Precedence clause in the General Provisions. Any other documents not incorporated herein by specific reference are excluded from this Subcontract. The documents marked with an asterisk are available at http://procurement.lbl.gov/supplier-forms/.

The following documents are hereby incorporated as a part of this Subcontract. The order of precedence for each document must be as specified in the Entire Agreement and Order of Precedence clause in the General Provisions. Any other documents not incorporated herein by specific reference are excluded from this Subcontract. The documents marked with an asterisk are available at http://procurement.lbl.gov/supplier-forms/.

• AL-1852-0921, Titled SOW ALS-U Storage Ring HBEND Magnets Mechanical System Revision D, dated 05/11/2026

• AL-1826-7182 Titled HBEND Mechanical System Drawing List, Rev. C, Dated 05/01/2026

• AL-1835-2074 Titled HBEND Mechanical Components and Sub-Assemblies ACL, Rev. B, Dated 01/16/2026

• AL-1866-2948 Titled HBEND Mechanical System Government Furnished Property List, Rev. A, Dated 12/17/2025

• AL-1887-9848 Titled ALS-U SR HBEND Actuator Assembly and Testing Work Instructions, Rev. A, dated 04/09/2026

• AL2000 Serial 10068 Paint Specification, Rev. B dated 08/24/2010.

ARTICLE 11 – GENERAL PROVISIONS

The following General Provisions are incorporated by reference into this Subcontract and are available at:

http://procurement.lbl.gov/welcome-to-procurement-property/become-a-supplier/general-provisions/.

General Provisions for Commercial Supplies & Services, dated 01/31/25

OR

General Provisions for Commercial Supplies & Services (Foreign), dated 01/31/25.

The clauses listed in the referenced General Provisions shall be applicable to this Subcontract, based on the value of the Subcontract, the status of the Subcontractor, or the nature and location of the Services, as indicated in the General Provisions.

The cost accounting standards requirements do not apply to this Subcontract. Accordingly, the related clauses of the General Provisions (FAR 52.230-2, -3, -5, and -6) shall not apply.

http://procurement.lbl.gov/supplier-forms/ http://procurement.lbl.gov/supplier-forms/ http://procurement.lbl.gov/welcome-to-procurement-property/become-a-supplier/general-provisions/

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(END OF SCHEDULE OF ARTICLES)