Fillable Order - DOE FormCA1090Rev3

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Order - DOE FormCA1090Rev3

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DOE Form
U.S. DEPARTMENT OF ENERGY
CA-10-90.COM Rev 3
(07/01)
ISOTOPE AND TECHNICAL SERVICE ORDER FORM
This form is to be used by all persons (except foreign persons requiring source or special nuclear material) ordering source, special nuclear or by-product material,
technical services, stable isotopes, cyclotron produced radioisotopes, or other related services from the U.S. Department of Energy (DOE) or DOE facility
contractor.
2. BUYERS ORDER NO.:
1. To: U. S. Department of Energy OR DOE Facility Contractor
Name and Address:
Oak Ridge National Laboratory
Managed by UT-Battelle, LLC for the Department of Energy
P. O. Box 2008
Oak Ridge, TN 37831-6426
3. DATE:
4. SHIP TO
6. VIA:
5. BILL TO:
7. MATERIAL OR SERVICE
CATALOG
ITEM NO.
(if any)
SOURCE, SPECIAL NUCLEAR, BY-PRODUCT, OR CYCLOTRON PRODUCED
RADIOISOTOPES: State isotope, chemical form, desired total activity, and desired specific
activity.
TECHNICAL SERVICE: State desired service and specification of final product.
STABLE ISOTOPE: State isotope, chemical form, quantity, isotopic concentration,
(specifying desired enrichments, minimum enrichments), and chemical purity (if applicable).
PURCHASE
PRICE
RENTAL
FEE
Shipping Schedule and Completion Date:
Technical Service Charge (if applicable
)
Handling Charge (if applicable
)
Total
THIS ORDER CONSISTS OF FOUR PAGES AND IS SUBJECT TO THE TERMS AND CONITIONS CONTAINED HEREIN. THE AUTHORIZED
REPRESENTATIVE OF THE BUYER HAS READ, UNDERSTANDS, AND AGREES TO SAID TERMS AND CONDITIONS.
8. The Buyer certifies that the Buyer or the Buyer’s representative is authorized to receive the above described source, special nuclear, by-product, or
cyclotron produced material by: (
Check block and give license number and expiration date if applicable).
a) NRC or ___________________ License No. __________________which expires ___________________, ___________
Name of State Month and Day Year
b) Exemption or General License provided by U.S. Nuclear Regulatory Commission (NRC) regulations.
c) Exemption or General License provided by ____________________________________ regulations.
Name of State
9 Accepted for and agreed to by:
U. S. Department of Energy OR
DOE Facility Contractor _____________________________
Printed Name __________________________________________
Signature _____________________________________________
Title ____________________________ Date ________________
10. Authorized and agreed to by the Buyer:
Buyer ______________________________________________
Signature ___________________________________________
Printed Name ________________________________________
Title __________________________ Date ________________
Page 1 of 4
DOE Form
CA-10-90.COM Rev 3
(07/01)
U. S. DEPARTMENT OF ENERGY
ISOTOPE AND TECHNICAL SERVICE ORDER FORM
Continuation Sheet
CATALOG
ITEM NO.
(If any)
SOURCE, SPECIAL NUCLEAR, BY-PRODUCT, OR CYCLOTRON PRODUCED
RADIOISOTOPES: State isotope, chemical form, desired total activity, and desired specific
activity.
TECHNICAL SERVICE: State desired service and specification of final product.
STABLE ISOTOPE: State isotope, chemical form, quantity, isotopic concentration,
(specifying desired enrichments, minimum enrichments), and chemical purity (if applicable).
PURCHASE
PRICE
RENTAL
FEE
DELIVERY
: Delivery is FCA Department of Energy facility from which the order is
filled. Legal and equitable title and risk of loss or damage pass to the buyer when the
material is delivered to the common carrier. Transportation and insurance charges are the
responsibility of the buyer.
Please check this box if insurance against loss or damage is desired during
transport. If the box is not checked no insurance will be requested.
Shipping Schedule and Completion Date:
Technical Service Charge (if applicable
)
Handling Charge (if applicable
)
Total
Continuation Page ___2_____ Page 2 of 4
ISOTOPE AND TECHNICAL SERVICES ORDER FORM
TERMS AND CONDITIONS
1. Definitions. “Buyer” means the person or entity placing this
Order. “Government” means the United States of America.
“Department” means the U.S. Department of Energy. “Contractors”
means Department of Energy facilities’ contractors and their employees
who fill or participate in the filling of this Order, however, these
Contractors are not agents of the Department. “DOE facility” means a
laboratory, plant, or office operated by or on behalf of the Department.
2. Price of Material and Services. For material and services which
are sold, the price or fee shall be fixed by the Department and in effect
on the date of acceptance of this Order by the Department, said date
shall be reflected in item 9 on page 1 of this Order.
For material which is leased, the Buyer understands and agrees that
he/she/it must pay all charges, costs, and value of material losses as
provided in the Agreement for Lease of Stable Isotope Material.
In the event of unusual circumstances which would cause the costs of
materials or services to significantly exceed the purchase price of this
Order, the Department shall not be obligated to continue or complete
the Order by incurring costs in excess of this Order, and shall have the
right to cancel this Order as specified in paragraph 13, unless the
purchase price has been increased by written amendment to this Order.
3. Payment Terms and Interest. Payment shall be made within 30
days for domestic or 45 days for foreign orders from the date of the
Department’s or the Contractor’s invoice, unless advance payment
and/or a shorter period is specified in this Order.
All amounts payable under this Order (net of any applicable tax credit
under the Internal Revenue Code, 26 U.S. C. 1481) shall bear simple
interest from the date of delinquency until paid, unless paid within 30
days of becoming due. The date of delinquency is the date the
Department or the Contractor mailed or hand-delivered the billing notice
or invoice. The interest rate will be set at the same rate as the
Treasury’s Current Value of Funds Rate (prescribed and published by
the Secretary of the Treasury in the Treasury Financial Manual Bulletin)
for the period in which the debt became delinquent.
An administrative charge shall be imposed per delinquent invoice per
30-day period from the date of delinquency to cover the costs
associated with collecting the debt, unless paid within 30 days of
becoming due.
A penalty charge, accruing from the date of delinquency, shall be
assessed at 6% per year on any portion of a debt that is outstanding
for more than 90 days, including any interest and administrative costs.
Payments shall be applied first to accrued penalty charges, then to
accrued administrative charges, then to accrued interest, and finally to
the principal, pursuant to 4 CFR 102.13(f).
Interest, administrative charges, and penalty charges do not apply to a)
other Federal agencies, b) other management and operating contractors
of the Department, and c) State and local governments.
4. Government-owned Containers. When shipment of material
pursuant to this Order requires the use of returnable government-
owned containers, title to such containers shall remain in the
Government. The Buyer shall keep the containers in good condition,
will not use them for any materials other than the materials shipped
therein, and will deliver them to a carrier designated by the Department
for return to the point of shipment, transportation prepaid, within 30
days from the date of receipt by the Buyer of the shipment. The Buyer
agrees to pay to the Department a demurrage charge on each
returnable Government-owned container for the period of retention
which is in excess of the said 30-day period.
5. Delivery/Risk of Loss of Material Sold.
a) Delivery shall be FCA the Department facility from which the Order is
filled. The Department shall arrange for transporting the material from
the Department facility. The Buyer shall pay all costs related to
transporting the material. The Department shall put the material in the
possession of the Buyer’s carrier at the Department facility from which
the Order is filled;
b) Legal and equitable title and risk of loss or damage shall pass to the
Buyer when the material is delivered to the Buyer’s carrier.
6. Delivery/Risk of Loss of Material Leased.
a) Delivery shall be FCA the Department facility from which the Order is
filled. The Department shall arrange for transporting the material from
the Department facility. The Buyer shall pay all costs related to
transporting the material. The Department shall put the material in the
possession of the Buyer’s carrier at the Department facility from which
the Order is filled;
b) Legal and equitable title shall remain in the Department, except that
in the event the material is determined to be unacceptable for return to
Department’s inventory under the provisions of the Agreement for Lease
of Stable Isotope, title to such material shall pass to the Buyer as of the
date the Buyer is billed for the material by the Department;
c) Risk of loss or damage shall pass to the Buyer when the material is
delivered to the Buyer’s carrier;
d) Buyer shall return such material to the designated Department facility
when required in Agreement for Lease of Isotope Material. Delivery shall
be CIP the Department facility with freight prepaid by the Buyer and not
charged to the Department. The Buyer shall arrange for transporting the
materials utilizing a carrier designated by the Department. Risk of loss
or damage shall pass to the Department upon acceptance by the
Department of the material.
7. Labeling, Shipping and Receiving. Package labeling, shipping and
receiving activities shall be performed in accordance with applicable
Department, Department of Transportation, Department of Commerce,
and Nuclear Regulatory Commission regulations.
8. Specifications. The Buyer shall promptly notify the Department in
writing if any of the material does not conform to the specifications set
forth in item 7 on page 1 of this Order. The responsibility and liability of
the Government, the Department, and the Contractors upon verification
of such non-conformances, shall be limited solely to making reasonable
efforts to a) correct such non-conformances, b) replace with material
which conforms to said specifications or c) make appropriate
adjustments to the purchase price. The Department will reimburse the
Buyer for reasonable costs of packaging and transportation incurred by
the Buyer in returning to the Department any material which does not
conform to such specifications.
9. No Warranty. All implied warranties are hereby disclaimed.
Neither the Government, the Department, nor the contractors make any
warranty, express or implied a) that material will be delivered or services
performed at a specified time, b) that material accepted for technical or
analytical services will not be destroyed, damaged, lost, or otherwise
altered in physical or chemical properties in the process of performing
the requested technical or analytical service, c) with respect to the
accuracy, completeness or usefulness of any information furnished
hereunder, d) that the use of any such information may not infringe
privately owned rights, e) that the services, material, or information
furnished hereunder will not result in injury or damage when used for
any purpose or are safe for any purpose including the intended purpose,
and f) that the services, material or information furnished hereunder will
accomplish the intended results.
Page 3 of 4
10. Liability. Neither the Government, the Department, nor the
Contractors will be responsible for any injury to or death of persons or
other living things, or damage to or destruction or loss of property,
specifically including material supplied by the Buyer, or for any other
loss, damage or injury of any kind whatsoever resulting from the
performance of services or furnishing of material or information
hereunder, by the Government, the Department, or the Contractors, to
the extent such injury, death, damage, destruction, or loss is not
caused by the negligence or willful misconduct of the Government, the
Department, or the Contractors.
11. Indemnification. To the extent permitted by state law, the
Buyer agrees to indemnify and hold harmless the Government, the
Department, and the Contractors from and against any and all
liabilities, penalties, fines, forfeitures, claims, causes of action, and
costs and expenses (including the costs of defense and/or settlement,
including, but not limited to, attorney's fees), caused by, resulting from
or arising out of, in whole or in part a) the breach of any term or
provision of this Agreement, or negligent or willful act or omission, by
Buyer, its employees, agents, officers, directors, or contractors, b) the
failure of Buyer, its employees, agents, officers, directors, or
contractors to fully comply with applicable statutory and regulatory
requirements, c) performance by the Government, the Department, or
the Contractors of acts, services, analyses, or tests, including
furnishing material, required, specified, or directed by the Buyer to be
performed or furnished under this Order to the extent the liability is not
caused by the negligence or willful misconduct of the Government, the
Department, or the Contractors.
12. Publication. The data produced under this Order will be provided
to the Buyer who will be solely responsible for marking the data and
removing the data from the facility by or before termination of this
Order. The Department shall have the right to publish and use any data
provided to or generated by the Department or the Contractors, and to
permit others to do so unless such data is marked as "proprietary data"
by the Buyer. The Department and the Government shall have
unlimited rights in technical data (including proprietary data) which are
not removed from the facility by or before termination of this Order. In
addition, the Department and the Government shall have the unlimited
right to perform similar or identical services for other buyers as long as
the Buyer's proprietary data are not utilized. The Buyer agrees to
deliver to the Department or the Contractors a non-proprietary
description of the work to be performed under this Order.
13. Cancellation. The Department reserves the right to cancel this
Order without further liability or cost a) in the event the license
referenced to in item 8 on page 1 of this Order, which may be either
the Buyer's or its authorized representative's license, is suspended,
expired, canceled, or revoked, or does not authorize possession of the
material, or b) when cancellation of this Order is determined to be
necessary to the national defense, security, or environmental safety of
the United States or due to lack of appropriated funds or facility
capabilities or c) when the Buyer is delinquent on any payments due
under this Order or any other Orders for isotopes or technical services
related to isotopes from the Department.
The Buyer may cancel this order at any time by providing 180 day
advance written notice to the Department. Buyer shall pay the
Department, in addition to any costs owing under paragraph 3 above,
any costs incurred by the Department in stopping the work and
removing the Buyer's material as well as any other costs resulting from
the cancellation.
14. Material Supplied by the Buyer. Material supplied by the Buyer
may be held or stored by the Department in accordance with
instructions of the Buyer, or in order to protect health, or to minimize
other hazards to life or property. Buyer shall pay the Department all
costs of such storage. Unless this Order specifies that the material is to
be returned to the Buyer, the Department may dispose of material
supplied by the Buyer for technical or analytical services and the Buyer
shall have no claim for the value or replacement of material disposed by
the Department. The Buyer shall arrange for and bear all costs of
transportation of material to and from (if applicable) the designated
Department facility.
15. Severability. Should any provision of this Order be unlawful, void,
or for any reason unenforceable, that provision shall be severable and
not affect the validity and enforceability of the remaining provisions of
this Order.
16. Export Law Assurances. The Buyer agrees that it is responsible
for and will comply with the United States export laws and the
regulations thereunder relative to any export or re-export of material
and/or information procured/obtained by the Buyer under this Order and
any direct product thereof. The Buyer further agrees that neither such
material and/or information nor any direct product thereof will be
shipped, transferred or re-exported into any country prohibited by the
United States export laws and the regulations thereunder or will be used
for any purpose prohibited by such laws.
17. Facility Utilized. The Department, at its discretion, may fulfill its
obligations under this Order through any of the DOE facilities.
18. Dispute Resolution. The parties agree to make good faith efforts
to resolve any disputes using alternative means of dispute resolution.
Substantive issues shall be determined in accordance with federal law.
In the absence of federal law, substantive issues shall be determined in
accordance with laws of the state of residence of the buyer at the time
of the purchase. Should litigation be necessary all actions shall be
brought in Federal District Court.
Page 4 of 4
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Order - DOE FormCA1090Rev3

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Completed 1 November 2019

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