This document outlines the Terms and Conditions for Purchase Orders of Commercial Items and Services under the Simplified Acquisition Threshold, applicable to agreements with UT-Battelle, LLC (Company) acting under a contract with the U.S. Department of Energy (Government). It defines key terms and establishes protocols for dispute resolution, emphasizing Federal and Tennessee state law. The document details the order of precedence for agreement inconsistencies, acknowledgment of terms, and restrictions on the Seller's communication with the Government. Key provisions cover warranties for goods and services, shipping requirements (U.S. citizens for delivery to DOE labs), electrical equipment standards, and payment via the Ariba Network. Compliance with all applicable laws is mandatory, with the Seller liable for non-compliance penalties. Termination clauses allow for convenience or default, with specific liabilities outlined. Other critical sections include excusable delays, restrictions on public information release, access to DOE facilities, change order procedures, insurance, information technology security, gratuities, and the incorporation of various FAR, DEAR, and Company clauses by reference. Special conditions apply for services performed on DOE sites, those involving special items/services, visa denials, Walsh-Healey Act applicability, commercial computer software, and prohibitions on automatic renewals. Crucially, the document addresses Foreign Corrupt Practices Act compliance, export control regulations, employee concerns and differing professional opinions programs, and stringent requirements for the protection of Personally Identifiable Information (PII), including security safeguards, incident reporting, compliance monitoring, termination clauses, audit rights, and indemnification. Insurance requirements for cyber liability are also specified.
The document, titled "Prime Supplemental Flowdown Document," outlines additional terms and conditions for subcontracts and purchase orders under Prime Contract No. DE-AC05-00OR22725 with UT-Battelle, LLC, for the management and operation of Oak Ridge National Laboratory. It incorporates various FAR and DOE Acquisition Regulation (DEAR) clauses by reference, specifying applicability based on subcontract value thresholds, procurement type (e.g., information technology, real estate, R&D, construction, services, classified), or specific conditions (e.g., work in foreign countries, access to ORNL/Government systems, nuclear materials). Key areas covered include restrictions on subcontractor sales, anti-kickback procedures, business ethics, whistleblower rights, prohibitions on certain telecommunications equipment (e.g., Kaspersky Lab, ByteDance), small business utilization, equal opportunity, environmental compliance, data rights, and worker protections. The document also lists numerous DOE Orders and Manuals for required compliance, encompassing areas like cybersecurity, emergency management, quality assurance, safety, security, and records management.
Attachment C-RFP432028 is a document detailing a single line item for an AMD Evaluation Kit (FPGA) or a domestic equivalent. The attachment specifies the part number EK-U1-VCU118-G, manufacturer AMD, and a quantity of one. It includes fields for Vendor Name, Quote Number, Date, Unit Price, Total Price, Lead Time, and Country of Origin, which are left blank. This document is a component of a Request for Proposal (RFP), likely serving as a standardized form for vendors to submit their quotes for the specified evaluation kit. The inclusion of a domestic equivalent option suggests a preference or requirement for domestically sourced products, aligning with government procurement policies.
This Abbreviated Representations and Certifications document, effective October 1, 2025, is a crucial component for Offerors seeking to work with Oak Ridge National Laboratory using government funds. It requires Offerors to register in SAM.gov and maintain annual registration. The document mandates certifications regarding the Offeror's organizational type and various small business classifications, including veteran-owned, service-disabled veteran-owned, 8(a) business development, women-owned, and HUBZone small businesses. It outlines penalties for misrepresentation of small business status. Furthermore, it includes certifications related to export control (Trigger List, Military/Space, and Dual Use Items), Buy American Act compliance for supplies exceeding $15,000, and prohibits contracting for certain telecommunications and video surveillance equipment and services, particularly those from covered foreign countries like China. It also addresses certifications regarding child labor for listed end products and requires disclosures concerning conflicts of interest for services exceeding $15,000 and payments to influence federal transactions for offers over $200,000. The document concludes with a statement of attestation to the accuracy of the representations and certifications, warning of potential criminal prosecution or civil liability for misrepresentation.
Oak Ridge National Laboratory (ORNL) has issued Request for Proposal (RFP) PR432028, inviting firm fixed-price proposals for an AMD Evaluation Kit (FPGA) or a domestic equivalent. The solicitation, identified by number 432028, falls under NAICS code 334413 (Semiconductor and Related Device Manufacturing) and is not a Small Business Set-Aside. Proposals are due by December 22, 2025, at 4:00 PM EST, with an offer validity period of 120 days. Award will be based on the lowest priced, technically acceptable proposal. Offerors must submit a firm fixed-price quote with a proposed delivery schedule, completed and signed Abbreviated Representations and Certifications (BSD-CS-2260, dated 10/01/2025), and any exceptions to the terms and conditions. Key attachments include ORNL Terms and Conditions, Prime Contract Flowdowns, a Bill of Materials, and Representations and Certifications. FAR 52.211-6 Brand Name or Equal applies. Questions regarding the RFP are due by December 20, 2025, at 4:00 PM EST, and should be submitted in writing to Procurement Officer Brittanie Mack-Brewster (mackbrewstbc@ornl.gov).