Enclosure A - Draft Contract 484664.pdf

April 9, 2025 1 Rev. 10

BSA’s Contractual Representative

Overall Value Amount

Contract Type Contract Number

Stephen Johnston $TBD Firm Fixed Unit Price

484664

BROOKHAVEN NATIONAL LABORATORY

Brookhaven Science Associates P.O. Box 5000

UPTON, L.I., N.Y. 11973-5000

Name and Address of Contractor

CONTRACT

This Contract (the “Contract”) is between the party named above (the “Contractor”), and Brookhaven Science Associates, LLC (“BSA”), the latter acting under a Prime Contract with the United States of America (the “Government”) represented by the United States Department of Energy (“DOE”).

I. SCOPE OF WORK

The Contractor shall furnish all labor, supervision, equipment, transportation, tools, fuel, materials, and other resources necessary to perform mechanical forestry treatments of prescribed burn units and fuel breaks at Brookhaven National Laboratory.

Work shall include thinning and mulching standing and felled trees, standing dead trees and snags, and stumps within BSA-designated treatment areas using an excavator-mounted mulcher. Treatments shall support the Statement of Work’s objective of reducing basal area to less than 70 square feet per acre, including topping selected trees to enhance bird and bat habitat, in accordance with BSA’s treatment prescriptions.

The Contractor shall mulch trees in place and distribute the resulting material uniformly throughout each treatment unit without large accumulations, particularly along unit edges.

Fragile dead trees shall not be pushed over for subsequent cutting, chipping, or mulching.

Wetlands and their 100-foot buffers are excluded from treatment.

All work shall be performed in accordance with Attachment 1, “Mechanical Treatments of Prescribed Burn Units and Fuel Breaks,” dated October 1, 2026, and the other applicable requirements incorporated into this Contract.______.

April 9, 2025 2 Rev. 10

A. The Contractor shall provide the following submittals to BSA’s Technical Representative, with copies to BSA’s Contractual Representative as applicable:

Deliverable Due Date Work-method plan addressing treatment activities, proposed equipment, material distribution, and protection of excluded areas

Before field work begins; obtain BSA acceptance

Healthy and Safety Plan addressing each work activity and piece of equipment

Before field work begins; obtain BSA approval

Job Hazard Analysis and applicable Safety Data Sheets

Before the applicable activity begins

Certificate of insurance and required endorsements

Within 14 days after award and before issuance of a Notice to Proceed

Required Contractor/ Vendor training and personnel qualification documentation

Before personnel begin the applicable work

Proposed treatment schedule identifying mobilization, work sequence, and anticipated completion

Before field work begins

Record of completed treatment areas and actual acreage submitted

With each invoice

II. PERIOD OF PERFORMANCE

This Contract shall be effective as of the date executed by both parties. It shall remain in effect through 3/1/2027. There are four (4) additional options that are exercisable in 1-year increments at the unilateral discretion of BSA. The options, if exercised, will be exercised by written modification at the prices below. If all options are exercised, this Contract would end March 01, 2031.

III. FIRM FIXED PRICE AND PAYMENT

A. Firm Fixed Unit Price: BSA shall pay the Contractor for actual acreage authorized, treated, and accepted by BSA at the applicable fixed unit price per acre shown below. Partial acres shall be paid proportionately. Unit prices shall constitute full compensation for completion of the required treatment. Unit prices include all labor, supervision, equipment, equipment transportation, mobilization and demobilization, fuel, maintenance, safety required training, insurance, overhead, profit, applicable taxes, and other costs necessary to complete the work. Separate charges or surcharges shall not be payable.

Each unit price includes all equipment passes necessary to complete the required treatment. Multiple passes over the same area shall not increase billable acreage.

Excluded wetlands and their 100-foot buffers shall not be included in billable

April 9, 2025 3 Rev. 10 treatment quantities.

Item Contract

Period Estimated Quantity

Unit Fixed Unit Price

Estimated Extended Amount

0001 Base Year 70 Acre $Rate 0002 Option Year 1 70 Acre $Rate 0003 Option Year 2 70 Acre $Rate 0004 Option Year 3 70 Acre $Rate 0005 Option Year 4 70 Acre $Rate

The estimated quantity of 70 acres for each period is provided for evaluation and planning purposes. Actual acreage authorized may vary based on available funding and BSA’s treatment priorities. Estimated quantities do not constitute a commitment to purchase 70 acres per period.

B. Payment: The Contractor may submit invoices monthly for actual acreage authorized, treated, and accepted by BSA. Each invoice shall identify the treatment areas, accepted acreage, applicable contract unit price, and extended amount. Supporting treatment records shall accompany each invoice. Payment terms are Net 10 days, subject to the incorporated payment provisions. Payment will be made upon receipt and approval of properly certified invoices.

Payment terms are Net 10

Invoices shall be directed to BSA’s Accounts Payable Department via electronic or regular mail.

Electronic invoice submittal is preferred by BSA. The Contractor shall make every effort to have systems in place that allow for electronic invoice transmittal.

Invoices shall be submitted in PDF format, via email, to apinvoices@bnl.gov.

Hard copy invoices, if applicable, shall be directed to BSA's Accounts Payable Department, Contracts Division, Bldg. No. 400D.

The Contractor shall indicate the final invoice by clearly marking such invoice as “FINAL.” A copy of the final invoice must be submitted to BSA’s Contractual Representative.

C. Equipment Transportation

The Contractor shall arrange and pay for transportation, unloading, mobilization, and removal of its equipment. These costs are included in the fixed unit prices.

Equipment deliveries, access routes, staging, and inspection shall be coordinated with BSA’s Technical Representative before arrival.

mailto:apinvoices@bnl.gov

April 9, 2025 4 Rev. 10

IV. AUTHORIZED REPRESENTATIVES

A. BSA’s Technical Representative: Kathy Schwager, telephone no. (631) 344- 8471, kschwager@bnl.gov_(email), is BSA's Technical Representative, and shall act as liaison between BSA and the Contractor in technical matters only.

B. BSA’s Contractual Representative: Stephen Johnston, telephone no.

(631)344-5742, sjohnston@bnl.gov (email), is BSA's Contractual Representative.

Any change or modification in the terms and conditions of this Contract shall require the written approval of BSA's Contractual Representative or designee.

C. Contractor’s Technical Representative: ________, telephone no. __________, ___________(email), is the Contractor’s authorized Technical Representative, and shall act as point of contact between BSA and the Contractor in technical matters only.

D. Contractor’s Contractual Representative: ______________, telephone no.

__________, ___________(email), is the Contractor’s authorized Contractual Representative and shall act as liaison between BSA and the Contractor.

VII. ADDITIONAL TERMS

The provisions of Brookhaven Science Associates, LLC, General Terms and Conditions for Commercial Items and Services, Rev. 25 dated (SEP 2026) are incorporated herein and made a part hereof.

The provisions of Brookhaven Science Associates, LLC, Supplemental Terms and Conditions for Work by Contractors Onsite at Brookhaven National Laboratory, Rev. 25 dated (SEP 2026) are incorporated herein and made a part hereof.

As noted in this Contract, Supplemental Terms and Conditions for Work by Contractors Onsite at Brookhaven National Laboratory are incorporated herein. In accordance with Article 8 of these Supplemental Terms and Conditions, the Contractor is required to provide a Job Hazard Analysis (JHA).

This Contract is issued pursuant to Brookhaven Science Associates General and/or Supplemental Terms and Conditions listed above, which are incorporated herein by reference. The complete text of these terms and conditions can be viewed at PPM | Terms and Conditions. Should the Contractor have any questions and/or not have access to these terms and conditions, contact the Buyer or Contracts Specialist immediately.

This Contract incorporates herein and by reference FAR 52.222-41 Service Contract Act and the Service Contract Act in its entirety. Work performed under this purchase order is subject to provisions of Service Contract Act Wage Determination No.2015-4157, Rev.33 dated 08/17/2026 is incorporated herein by reference. All provisions of the https://www.bnl.gov/ppm/terms-and-conditions.php https://www.bnl.gov/ppm/terms-and-conditions.php

April 9, 2025 5 Rev. 10

Service Contract Act must be adhered to (i.e., Health and Welfare, Vacation, Holidays, etc.).

The following documents attached hereto and made a part hereof, contain additional provisions of this Contract:

Attachment 1: Mechanical Treatments of Prescribed Burn Units and Fuel Breaks, dated October 1, 2026, including Figure 1.

Attachment 2: BSA General Terms and Conditions for Commercial Products and Services, Revision 25.0, dated September 10, 2026.

Attachment 3: BSA Supplemental Terms and Conditions for Work by Contractors Onsite, Revision 25.0, dated September 10, 2026.

Attachment 4: Applicable Department of Labor Service Contract Act Wage Determination No.

2015-4157, Rev.33 dated 08/17/2026

This Contract does not bind nor purport to bind the Government of the United States.

ACCEPTED:

CONTRACTOR BROOKHAVEN SCIENCE

ASSOCIATES, LLC.

By: By:

Name: Name:

Title: Title:

Date: Date:

Should you accept this Contract without exception or alteration, a copy of the Contract shall be returned to BSA's Contractual Representative. Should you take any exceptions or attempt to alter the Contract in any manner, BSA’s execution thereof shall be null and void. Should you wish to take exception(s)/alteration(s), you shall notify BSA’s Contractual Representative. BSA will consider the requested exception(s)/alteration(s) and notify you accordingly. No Contract shall exist unless and until such differences are resolved.