Bruker Scientific, ALPHA FT-IR Spectrometer and Accessories – OR – Domestic Equivalent.

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.

• Application: Defines the scope of the article, applying to licenses of pre-existing or newly developed computer software and documentation.
• Definitions: Provides definitions for "Computer Software," "Documentation," "Commercial Computer Software," and "Software-related Services."
• Commercial Computer Software: Details how UT-Battelle acquires commercial computer software under licenses consistent with Federal law and its prime contract. It clarifies that the Seller's standard commercial license agreement or a specific U.S. Government license agreement will govern, subject to the terms of this Article and FAR 52.227-19.
• Rejection of Terms: Explicitly rejects certain terms commonly found in commercial software license agreements that are inconsistent with Federal law or UT-Battelle's contract with the Department of Energy (DOE). This includes, but is not limited to, licensee indemnity obligations, attorney's fees, automatic renewal, late fees, and injunctive/equitable relief for breach of license or disclosure of confidential information.
• New/Conflicting Terms: States that any new, additional, or conflicting terms in the Seller's License Agreement are expressly rejected and not made part of the Purchase Order.
• Software-related Services: Notes that any such services must be identified in the Statement of Work or Purchase Order.

Bidders providing computer software, documentation, or software-related services to ORNL under this contract must understand these licensing terms. Key aspects include the governing license agreements, the incorporation of FAR 52.227-19, and the explicit rejection of certain standard commercial license terms. This document is crucial for understanding the specific legal and contractual framework under which software and related services will be licensed and acquired.

Solicitation / RFP / RFQ

This Request for Quotation (RFQ) from Oak Ridge National Laboratory (ORNL) seeks a Firm Fixed Price quotation for the Bruker Scientific, ALPHA FT-IR Spectrometer and Accessories, or a Domestic Equivalent. The procurement is for instrument manufacturing related to measuring and testing electricity and electrical signals.

• 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 explained, including reasons for non-compliance and alternative solutions. Failure to provide this section or a statement of "no exceptions" implies full acceptance of all terms.

• Contract Type: Firm Fixed Price.

• Anticipated Subcontract Period of Performance: To Be Determined.

• Offer Validity Period: 120 days.

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

• Proposal Due Date: April 24, 2026, at 2:00 PM EST.

• Evaluation will consider any exceptions taken to the terms and conditions; non-responsive offers may result.

• Small Business Set-Aside: No.

• The solicitation references several attachments including: ORNL Terms and Conditions, Prime Contract Flowdowns, Bill of Materials, Representations and Certifications, and Commercial Computer Software.

• Special Provisions regarding Federal, State, and Local Taxes are included, detailing definitions, applicability, and price adjustments.

Form / Attachment / Pricing Sheet

This document outlines the standard Terms & Conditions for Purchase Orders concerning Commercial Products & Services under the Simplified Acquisition Threshold (SAT). It details the contractual obligations and expectations for sellers providing goods or services to the Company (UT-Battelle, LLC) on behalf of the Government (U.S. Department of Energy).

• Definitions: Clarifies terms such as Government, Company, Seller, Agreement, Procurement Officer, and Product.
• Order of Precedence: Establishes the hierarchy for resolving inconsistencies within the agreement documents.
• Communication: Restricts direct communication between the Seller and the Government customer.
• Warranties & Inspection: Outlines seller's responsibilities for product and service quality, including defect-free goods and professional service standards.
• 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) or field evaluated at the Seller's expense.
• Payment: Directs suppliers to use the Ariba Network for payment information and inquiries.
• 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 nonperformance due to events beyond the Seller's control.
• Protection of Personally Identifiable Information (PII): Sets strict requirements for handling, safeguarding, and reporting any unauthorized access or disclosure of PII.
• Insurance Requirements: Specifies minimum insurance coverage amounts for Commercial General Liability, Professional Liability/E&O, and Cyber Liability.

This document is crucial for any potential bidder as it defines the fundamental contractual terms and conditions that will govern any purchase order issued under this opportunity. Bidders must review these terms to understand their obligations regarding product/service quality, delivery, compliance, data protection, insurance, and payment. Failure to comply with these terms can lead to termination or other remedies. It also highlights specific requirements like NRTL listing for electrical equipment and U.S. citizen drivers for deliveries.

Form / Attachment / Pricing Sheet

This document, titled "PRIME SUPPLEMENTAL FLOWDOWN DOCUMENT," outlines additional terms and conditions that are incorporated by reference into subcontracts and purchase orders under a prime contract (DE-AC05-000OR22725) with UT-BATTELLE, LLC for Oak Ridge National Laboratory. It serves to flow down mandatory U.S. Government regulatory and customer obligations from the prime contract to subcontractors (referred to as "Seller").

• The document lists numerous FAR (Federal Acquisition Regulation) and DOE (Department of Energy) clauses.
• Each clause is presented with its number, title, and a brief description of its applicability, often based on contract value thresholds (e.g., Simplified Acquisition threshold, agreements over $200,000, etc.) or specific procurement types (e.g., construction, information technology, real estate).
• It specifies that in case of conflict between this document and other terms, the version or date in this document takes precedence.
• Clauses are categorized by applicability, such as "Applicable to all UT- Battelle subcontracts," "Applicable to supplies other than Commercially Off the Shelf (COTS)," "Applicable to all Non-Commercial Procurements," and specific categories like "Applicable to Construction Procurements," "Applicable to Information Technology Procurements," etc.

Potential bidders should review this document to understand the mandatory flow-down clauses and conditions that will apply to their subcontract or purchase order if they are awarded a contract under the prime contract. This includes understanding compliance requirements, reporting obligations, and specific terms related to various aspects of the work, such as labor standards, intellectual property, security, and environmental regulations, which may impact their proposal preparation and contract performance.

Form / Attachment / Pricing Sheet

This document is a Bill of Materials (BOM) for RFQSSPR459571, detailing the components required for the ALPHA II FT-IR Spectrometer system.

• ALPHA II FT-IR Spectrometer: The core instrument.
• Platinum-ATR Universal sampling module: For sample analysis (liquid, solid, powders, films, pellets, granules).
• WLAN-Adaptation: For wireless operation of the spectrometer.
• OPUS/IR Spectroscopy Software Package (version 9.x): Integrated software for data acquisition, processing, evaluation, and reporting, compliant with cGMP/GLP/GAMP regulations (21 CFR Part 11).
• OPUS-TOUCH Software: For intuitive IR analysis in routine and R&D, with system status indicators and automated instrument tests.
• Tariff Surcharge: Applicable surcharge.

This BOM outlines the specific hardware and software components that constitute the complete system being procured. Bidders must ensure their proposals include all listed items and comply with the software requirements, including compatibility notes regarding Microsoft Office versions and recommended computer hardware.

Form / Attachment / Pricing Sheet

This document, "Representations and Certifications - Abbreviated," requires offerors to provide specific representations and certifications related to various aspects of their business and compliance with federal regulations. It is a mandatory part of the offer submission process for this opportunity.

• Type of Organization: Offeror must specify their organizational type.
• Export Control: Representations regarding whether furnished items are "Trigger List Items," "Military/Space Items," or "Dual Use Items," including details on manufacturers and commodity categories if applicable.
• Buy American: Certification regarding the origin of end products, with provisions for listing foreign end products.
• Child Labor: Certification regarding knowledge of child labor for listed end products, requiring a choice between not supplying products from listed countries or certifying a good faith effort to determine child labor use.
• Prohibition on Certain Telecommunications/Video Surveillance Services or Equipment (FAR 52.204-25): Representation on whether furnished items use prohibited equipment or services.
• Conflict of Interest: Certification regarding organizational or personal conflicts of interest, requiring disclosure and proposed mitigation measures if a conflict exists or appears to exist.
• Payments to Influence Federal Transactions: Certification regarding payments made to influence federal transactions (applicable if offer exceeds $200,000).
• Employee Concerns Program and Differing Professional Opinion Process: Notification requirements for employees regarding ECP and DPO processes.
• Business Size Certification: Representation of the offeror's business size status (Small Business, Veteran-Owned, Service-Disabled Veteran-Owned, 8(a), Small Disadvantaged, Women-Owned, HUBZone) and corresponding NAICS code and size standard.

Completing and submitting this form accurately is crucial for offerors. Failure to provide the required representations and certifications may result in the offer being deemed non-responsive or ineligible for award. It ensures compliance with federal acquisition regulations and helps the government assess potential risks related to export control, conflicts of interest, and business status.