NETZSCH Instruments North America, LLC., DIL 502 Select w/ SiC Furnace and Turbo Pump. ** OR – Domestic Equivalent **

Form / Attachment / Pricing Sheet

This document, titled "PRIME SUPPLEMENTAL FLOWDOWN DOCUMENT ADDITIONAL TERMS & CONDITIONS FOR SUBCONTRACTS/PURCHASE ORDERS UNDER Prime Contract No. DE-AC05-000R22725," outlines mandatory US Government regulatory and customer flow-down obligations from Oak Ridge National Laboratory's contract with the Department of Energy (DOE). It serves to incorporate additional terms and conditions into subcontracts and purchase orders.

• The document lists numerous Federal Acquisition Regulation (FAR) and Department of Energy Acquisition Regulation (DEAR) clauses, along with specific DOE directives.
• Each clause is presented with its number, title, and a brief description of its applicability, often based on contract value thresholds or specific procurement types (e.g., construction, services, IT, foreign work).
• It specifies that in case of conflict between this document and other terms, the version or date in this document takes precedence.
• Clauses are noted as "self-deleting" if they are inapplicable to a specific subcontract's performance.

Potential bidders should review this document to understand the mandatory clauses and conditions that will be incorporated into their subcontracts or purchase orders. This includes understanding compliance requirements related to:

• Ethics and conduct
• Prohibition of certain services (e.g., telecommunications, Kaspersky Lab software)
• Protection of government interests (e.g., debarred contractors)
• Cost and pricing data
• Equal opportunity and employment reporting
• Energy efficiency
• Buy American Act
• Combating trafficking in persons
• Real estate management
• Research and development
• Nuclear materials
• Information technology security
• Foreign travel
• Construction wage rates
• Privacy Act
• Export controls
• Intellectual property rights
• Safety and health

Form / Attachment / Pricing Sheet

This document outlines the terms and conditions for the "In-Bound Licensing of Computer Software, Documentation, and Other Content" related to UT-Battelle's management and operation of Oak Ridge National Laboratory (ORNL) under Prime Contract No. DE-AC05-00OR22725. It specifies how commercial computer software and related documentation will be acquired and licensed.

• Definitions: Clarifies terms such as "Computer Software," "Documentation," "Commercial Computer Software," and "Software-related Services."
• Acquisition of Commercial Computer Software: States that UT-Battelle acquires software under licenses customarily provided to the public, provided they are consistent with Federal law, satisfy ORNL/Government needs, and comply with the prime contract.
• Governing Agreements: Specifies that the "Seller's License Agreement" or "Seller's U.S. Government License Agreement" will govern, but these are subject to the terms of this Article and FAR 52.227-19.
• Rejection of Inconsistent Terms: Explicitly rejects certain common terms found in commercial software license agreements that are inconsistent with Federal law or UT-Battelle's prime contract. This includes licensee indemnity, attorneys' fees, automatic renewal, late fees, and injunctive relief for breach of license or disclosure of confidential information.
• Software-related Services: Notes that any such services must be identified in the Statement of Work or Purchase Order.

Bidders providing commercial computer software, documentation, or related services to ORNL under this contract must understand these licensing terms. They need to ensure their standard license agreements are consistent with these requirements, particularly regarding the rejection of specific clauses. This document impacts how software and services will be licensed and paid for, and which terms will prevail in case of conflict.

Form / Attachment / Pricing Sheet

This document outlines the standard Terms & Conditions for Purchase Orders related to commercial products and services under the Simplified Acquisition Threshold (SAT). It establishes the contractual framework between the Company (UT-Battelle, LLC) and the Seller.

• Definitions: Clarifies key terms such as Government, Company, Seller, Agreement, Procurement Officer, and Product.
• Order of Precedence: Specifies the hierarchy for resolving inconsistencies within the agreement documents.
• Entire Agreement: States that these terms, along with the Purchase Order face, constitute the complete agreement.
• Communication: Defines the Seller's limited communication with the Government.
• Warranty & Inspection: Outlines warranties for goods and services, and the Company's inspection rights.
• Shipping Terms: Mandates that delivery drivers must be U.S. citizens for on-site deliveries to DOE laboratories.
• Electrical Equipment: Requires electrical equipment to be listed by a nationally recognized testing laboratory (NRTL).
• Payment: Directs suppliers to the Ariba Network for payment information.
• Compliance with Laws: Requires the Seller to comply with all applicable federal, state, and local laws and regulations.
• Termination: Details conditions under which the Company may terminate the Purchase Order for convenience or default.
• Excusable Delay: Defines circumstances that may excuse Seller's nonperformance.
• Protection of Personally Identifiable Information (PII): Establishes strict requirements for handling PII, including security safeguards, incident reporting, and indemnification.
• Insurance Requirements: Specifies minimum insurance coverage levels for the Seller.

This document is crucial for any bidder responding to an opportunity that utilizes these terms and conditions. It details the contractual obligations, responsibilities, and requirements that the Seller must adhere to if awarded the contract. Bidders should carefully review these terms to ensure they can comply with all stipulated conditions, including warranty, inspection, delivery, PII protection, and insurance requirements.

Form / Attachment / Pricing Sheet

This document is a Bill of Materials (BOM) for Request for Quotation (RFQ) # RFQSSPR462939. It lists the components and accessories required for a NETZSCH DIL 502 Select with SiC Furnace and Turbo Pump, an automatic apparatus for thermomechanic analysis.

• Main Apparatus: DIL 502 Select with SiC Furnace and Turbo Pump, featuring a double measuring system with a temperature range of -180 to 1600°C.
• Key Features: Includes "NanoEye" optoelectronic sensors, automatic sample length measurement, adjustable contact force, maintenance-free design, and a color touch display.
• Software: Proteus software 9.x for data acquisition, storage, and evaluation, with optional software extensions for specific analyses (e.g., Metal Melting, Glass Transition, c-DTA, "Identify").
• Furnaces & Accessories: Various furnace types (SiC heating element, high-temperature tube furnace), protective tubes, gas control blocks (MFCs), sample holders (Al2O3, graphite), crucibles, and cooling devices.
• Ancillary Items: Includes operating instructions, instrument posters, and a PM Agreement for maintenance.
• Compliance: Notes UL/CSA certification and specific voltage/frequency requirements (115V, 60 Hz).

This BOM details the specific equipment and configurations being procured. Bidders should review this list to ensure their proposed solution matches the required components and specifications. It is crucial for understanding the scope of the required system and for accurate pricing and proposal development.

Form / Attachment / Pricing Sheet

This document, "Representations and Certifications - Abbreviated," is a form that potential offerors must complete and submit as part of their bid. It requires the offeror to make specific representations and certifications regarding their business status, compliance with certain regulations, and potential conflicts of interest.

• Type of Organization: Offeror must select their business structure.
• Export Control: Offeror must certify whether furnished items are "Trigger List Items," "Military/Space Items," or "Dual Use Items," providing details if applicable.
• Buy American: Offeror must certify if end products are domestic or foreign, listing any foreign end products.
• Child Labor Certification: Offeror must certify knowledge of child labor laws for listed end products.
• Prohibition on Telecommunications Equipment: Offeror must represent whether they will supply or use prohibited telecommunications or video surveillance equipment/services.
• Conflict of Interest: Offeror must disclose any organizational or personal conflicts of interest and proposed mitigation measures.
• Payments to Influence Federal Transactions: Offeror certifies that no federal funds have been paid to influence federal transactions and discloses lobbying activities if applicable.
• Employee Concerns Program: Offeror must acknowledge and agree to implement the Employee Concerns Program and Differing Professional Opinion Process.
• Business Size Certification: Offeror must self-certify their business size (small, veteran-owned, 8(a), etc.) according to the provided NAICS code and size standard.

Completing this form accurately is a mandatory requirement for submitting a compliant offer. It ensures the offeror meets regulatory, ethical, and business status requirements. Failure to complete or accurately represent information on this form could result in disqualification or adverse actions. Bidders must carefully review each section to ensure they can truthfully make the required certifications and representations.

Solicitation / RFP / RFQ

This is a Request for Quotation (RFQ) from Oak Ridge National Laboratory (ORNL) for the procurement of NETZSCH Instruments North America, LLC., DIL 502 Select with SiC Furnace and Turbo Pump, or a domestic equivalent. The procurement is for a Firm Fixed Price contract.

• A firm fixed price quotation for the items listed in Attachment C_Bill of Materials.

• A completed and signed copy of the Representations and Certifications – Abbreviated – BSD-CS-2260 (03/2026).

• Any exceptions taken to the terms and conditions must be clearly identified.

• The Seller is responsible for all packing and shipping.

• Seller shall provide qualified personnel for system installation and start-up, including training.

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

• Seller shall provide a process to notify users of defects, new releases, or issues impacting software operation, and a process for users to report defects and request assistance.

• Seller shall label new releases and upgrades of the software.

• Seller shall provide assurance of software quality.

• Contract Type: Firm Fixed Price.

• Anticipated Subcontract Period of Performance: To Be Determined.

• Proposal Due Date: May 6, 2026, at 2:00 PM EST.

• Proposals must be submitted via email to the Procurement Officer.

• Offer Validity Period: 120 days.

• Evaluation will consider exceptions taken to solicitation provisions.

• Small Business Set-Aside: No.

• The NAICS Code is 334516 - Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals, with an employee size standard of 1000.

• Key attachments include: ORNL Terms and Conditions, Prime Contract Flowdowns, Bill of Materials, Representations and Certifications, and Commercial Computer Software.

• Special provisions include requirements for Electrical - Accessible/Exposed Electrical Hazards and Commercial Items Meeting Catalog Description.

• The procurement representative is Scott Scarbrough (scarbroughws@ornl.gov).