This document outlines the general terms and conditions for commercial products or commercial services provided to Fermi Forward Discovery Group, LLC (FFDG). It covers various aspects of the subcontract, including definitions, scope, payment terms, inspection, changes, warranties, and dispute resolution. Key clauses from the Federal Acquisition Regulation (FAR) and Department of Energy Acquisition Regulation (DEAR) are incorporated by reference, depending on the subcontract value and type of work. Subcontractors are required to comply with all applicable laws and regulations, maintain licenses, and adhere to environmental, safety, and health requirements. The document also details procedures for handling disputes, including negotiation, mediation, and binding arbitration at FFDG's option. Specific clauses related to information technology, energy efficiency, and sustainable acquisition are also included.
The bid notice does not explicitly state a specific delivery deadline. However, it mentions that in connection with any discount offered, time will be computed from the date of completion of the performance of the services or from the date the correct invoice or voucher is received at the office specified by FFDG, whichever is later.
The bid notice states, Payment will be made after acceptance of the products/services by FFDG and receipt of a proper invoice. Discount time will be computed from the date of delivery at place of acceptance or from receipt of proper invoice at the office specified by FFDG, whichever is later.
The bid notice states, The subcontractor warrants that all supplies or services furnished under the subcontract will conform to the specifications and all other subcontract requirements, will be free from defects in material or workmanship, and will otherwise be merchantable and fit for use for the particular purpose described in this subcontract. For supplies, the warranty period ends welve months after initial use by FFDG, or eighteen months after delivery to and acceptance by FFDG, whichever is earlier, unless a different warranty period is provided in the subcontract. For services, the warranty period is one year after the date of acceptance by FFDG, unless a different warranty period is provided in the subcontract.
The bid notice implies that subcontractors must perform work and/or services in a professional, skillful and competent manner in accordance with the standards of care and quality practiced by reputable and recognized subcontractors with national experience in performing similar services for projects of similar size, scope and complexity in a similar location.
The bid notice mentions that failure by the subcontractor to maintain applicable licenses in good standing or permits is cause for immediate termination of this subcontract by FFDG. It also states that if the subcontractor fails to comply with the environment, safety, and health requirements, FFDG may, without waiver of any other legal or contractual rights or remedies, issue a stopwork order that stops all or any part of the work under this subcontract.
The bid notice mentions site and facilities access and that all subcontractor and lowertier subcontractor employees requiring access to any Fermilab facility or sites, including onsite or remote access to Fermilab/FFDG computer systems, are subject to applicable DOE and FFDG site access requirements and restrictions. However, it does not specify a mandatory or optional site visit for bidding purposes.
The bid notice states that The subcontractor must assert its right to an equitable adjustment under this clause, within 30 days after receipt of a written change order and submit a proposal for equitable adjustment supported by all documentation required by FFDG to analyze the request. For stopwork orders, the subcontractor must assert its right to the adjustment within 30 days after the end of the period of work stoppage.