Calibration & Testing Services

Sep 15, 2022, 8:30 AM MA 18P 21091300000000000020 State of Maine MODIFICATION Master Agreement Effective Date: 09/29/21 Expiration Date: 09/28/24 Master Agreement Description: Calibration & Testing Services Buyer Information Justin Franzose 207-624-7337 ext. justin.franzose@maine.gov Issuer Information Pamela Porter 207-624-3400 ext. pamela.porter@maine.gov Requestor Information Pamela Porter 207-624-3400 ext. pamela.porter@maine.gov Agreement Reporting Categories Reason For Modification: Extension until 9/28/2024. Authorized Departments ALL Vendor Information Vendor Line #: 1 Vendor ID Vendor Name VC1000069180 NORTHEAST TECHNICAL SVS INC Alias/DBA Vendor Address Information 75 AILERON CT STE 4 WESTMINSTER, MD 21157 US DocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF MA 18P

21091300000000000020 Sep 15, 2022, 8:30 AM Vendor Contact Information Kelli Rill 410-751-5090 ext. 12 kellir@netsnukes.com Commodity Information Vendor Line #: 1 Vendor Name: NORTHEAST TECHNICAL SVS INC Commodity Line #: 1 Commodity Code: 99200 Commodity Description: TESTING AND CALIBRATION SERVICES Commodity Specifications: Commodity Extended Description: Quantity UOM Unit Price 0.00000 0.000000 Delivery Days Free On Board 0 Contract Amount Service Start Date Service End Date 0.00 09/29/21 09/28/24 Catalog Name Discount 0.0000 % Discount Start Date Discount End Date Please see authorized signatures displayed on the next page DocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF MA 18P 21091300000000000020 Sep 15, 2022, 8:30 AM Each signatory below represents that the person has the requisite authority to enter into this Contract. The parties sign and cause this Contract to be executed. State of Maine - Department of Administrative and Financial Services Signature Date Jaime C. Schorr, Chief Procurement Officer Vendor Signature Date Print Representative Name and Title DocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF 9/16/2022 Executive AssistantKelli Rill 9/19/2022 RIDERS  The following riders are hereby incorporated into this Contract and made part of it by reference: (check all that apply) ☒ Rider A – Scope of Work and/or Specifications ☒ Rider B – Terms and Conditions ☐ Rider C - Exceptions ☒ Bid Cover Page and Debarment Form ☒ Debarment, Performance, and Non-Collusion Certification ☐ Price sheet (attach excel spreadsheet to post on website) Other – Included at Department’s Discretion ☒ DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF RIDER A Scope of Work and/or Specifications The purpose of this master agreement is to procure calibration and service of portable nuclear test gauges and radiation survey meters, plus dosimetry and leak test services, as described in the tables below. This agreement includes three optional renewal years. ROUTINE SERVICES Equipment Description *Number of Units **Interval Scope of Work Unit Price for Scope of Work Portable Nuclear Testing Gauges 2 ea. Troxler 3411B 4 ea. Troxler 3440 10 ea. Troxler 3430 6 ea. Troxler 4640B 24 months (1⁄2 of inventory each year) • perform 3-block calibration in accordance with ASTM D7759 • clean gauge and shipping case • inspect and adjust electronic components • inspect battery and charging system • inspect and lubricate mechanical components • inspect source rod (where applicable) • inspect shipping case • perform leak test (if needed) • replace scraper ring • replace wiper seal • replace bumper $325.00 Radiation Survey Meters 5ea. SE, Monitor 4 12 months • perform NIST-traceable calibration • check battery and replace if necessary • provide certificate of calibration for each meter $90.00 Radiation Dosimetry Badge Analysis approximately 25 3 months • ship new badges • analyze returned badges $16.00 DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF • prepare employee exposure report Radiation Leak Test Analysis approximately 22 6 months • ship new leak test kits • analyze returned kits • prepare leak test certificate for each gauge $16.00 *This number represents equipment currently in service; it will vary with operational needs over the course of the contract period. It is provided to assist vendors in preparing their bid quotes. **In addition to the standard interval given, service may be requested at other times, as needed. See table below. REPAIR SERVICES Equipment Description Interval Scope of Work Standard Hourly Rate Portable Nuclear Testing Gauges as needed Service and repair, labor only $70.00 Radiation Survey Meters $30.00 GENERAL WORK REQUIREMENTS • The vendor shall coordinate with the Maine DOT Radiation Safety Officer to schedule all work under this contract. • The vendor shall, as directed, perform the scope of work described for the equipment listed in the table above in accordance with applicable regulatory requirements, industry standard protocols, and best practices (e.g., USNRC, NIST, AASHTO, ASTM, US Army Corps of Engineers, Manufacturer Instructions) • Any vendor performing calibrations shall possess a properly maintained inventory of NIST-traceable standards. • The vendor processing and evaluating dosimetry badges shall possess NVLAP accreditation • The vendor shall provide qualified personnel to perform the work performed • The vendor may sub-contract portions of this work, provided that all requirements of this document are met and the vendor under contract coordinates and invoices all work • The vendor shall provide formal and complete documentation of all work performed (either digital or paper is acceptable). • The vendor shall apply a sticker to all calibrated equipment that provides the following information (as a minimum): • date of calibration, • identification of person/company performing calibration, DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF • identification of instrument/equipment • The vendor shall coordinate, prepay, and invoice the round-trip shipping of nuclear test gauges at no mark- up • The vendor shall provide invoices itemizing the work performed • Unit price for routine services and hourly rate for repair services is to include all the labor, travel, equipment and disposable supplies needed to perform the work. Hourly rate for service does not include necessary replacement parts. DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF 75 Aileron Ct., Suite 4 Westminster, MD 21157 (410) 751-5090 (410) 751-5091 Fax 1-866-868-2382 Toll Free I N N O V A T I V E P R O D U C T S F O R T H E C O N S T R U C T I O N I N D U S T R Y To: Division of Procurement Services State of Maine RE: RFQ 17A 21081800000000000039 September 13, 2021 Warranty: PARTS – 90-day warranty CALIBRATION- No warranty BADGES – No warranty SURVEY METER PARTS – 90-day warranty DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF RIDER B TERMS AND CONDITIONS 1. DEFINITIONS: The following definitions are applicable to these standard terms and conditions: a. The term “Buyer” or “State” shall refer to the Government of the State of Maine or a person representing the Government of the State of Maine. b. The term “Department” or “DAFS” shall refer to the State of Maine Department of Administrative and Financial Services. c. The term “Bureau” or “BGS” shall refer to the State of Maine Bureau of General Services. d. The term “Division” shall refer to the State of Maine Division of Purchases. e. The term “Contractor”, “Vendor”, or “Provider” shall refer to the organization that is providing goods and/or services through the contract to which these standard terms and conditions have been attached and incorporated. f. The term “Contract” or “Agreement” shall refer to the contract document to which these standard terms and conditions apply, taking the format of a Buyer Purchase Order (BPO) or Master Agreement (MA) or other contractual document that is mutually agreed upon between the State and the Contractor. 2. WARRANTY: The Contractor warrants the following: a. That all goods and services to be supplied by it under this Contract are fit and sufficient for the purpose intended, and b. That all goods and services covered by this Contract will conform to the specifications, drawing samples, symbols or other description specified by the Division, and c. That such articles are merchantable, good quality, and free from defects whether patent or latent in material and workmanship, and d. That all workmanship, materials, and articles to be provided are of the best grade and quality, and e. That it has good and clear title to all articles to be supplied by it and the same are free and clear from all liens, encumbrances and security interest. Neither the final certificate of payment nor any provision herein, nor partial nor entire use of the articles provided shall constitute an acceptance of work not done in accordance with this agreement or relieve the Contractor liability in respect of any warranties or responsibility for faulty material or workmanship. The Contractor shall remedy any defects in the work and pay any damage to other work resulting therefrom, which shall appear within one year from the date of final acceptance of the work provided hereunder. The Division of Purchases shall give written notice of observed defects with reasonable promptness. 3. TAXES: Contractor agrees that, unless otherwise indicated in the order, the prices herein do not include federal, state, or local sales or use tax from which an exemption is available for purposes of this order. Contractor agrees to accept and use tax exemption certificates when supplied by the Division as applicable. In case it shall ever be determined that any tax included in the prices herein was not required to be paid by Contractor, Contractor agrees to notify the Division and to make prompt application for the refund thereof, to take all proper steps to procure the same and when received to pay the same to the Division. DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF 4. PACKING AND SHIPMENT: Deliveries shall be made as specified without charge for boxing, carting, or storage, unless otherwise specified. Articles shall be suitably packed to secure lowest transportation cost and to conform to the requirements of common carriers and any applicable specifications. Order numbers and symbols must be plainly marked on all invoices, packages, bills of lading, and shipping orders. Bill of lading should accompany each invoice. Count or weight shall be final and conclusive on shipments not accompanied by packing lists. 5. DELIVERY: Delivery should be strictly in accordance with delivery schedule. If Contractor's deliveries fail to meet such schedule, the Division, without limiting its other remedies, may direct expedited routing and the difference between the expedited routing and the order routing costs shall be paid by the Contractor. Articles fabricated beyond the Division’s releases are at Contractor’s risk. Contractor shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet delivery schedule, and, unless otherwise specified herein, no deliveries shall be made in advance of the Division’s delivery schedule. Neither party shall be liable for excess costs of deliveries or defaults due to the causes beyond its control and without its fault or negligence, provided, however, that when the Contractor has reason to believe that the deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay will be given immediately to the Division. If the Contractor’s delay or default is caused by the delay or default of a subcontractor, such delay or default shall be excusable only if it arose out of causes beyond the control of both Contractor and subcontractor and without fault of negligence or either of them and the articles or services to be furnished were not obtainable from other sources in sufficient time to permit Contractor to meet the required delivery schedule. 6. FORCE MAJEURE: The State may, at its discretion, excuse the performance of an obligation by a party under this Agreement in the event that performance of that obligation by that party is prevented by an act of God, act of war, riot, fire, explosion, flood or other catastrophe, sabotage, severe shortage of fuel, power or raw materials, change in law, court order, national defense requirement, or strike or labor dispute, provided that any such event and the delay caused thereby is beyond the control of, and could not reasonably be avoided by, that party. The State may, at its discretion, extend the time period for performance of the obligation excused under this section by the period of the excused delay together with a reasonable period to reinstate compliance with the terms of this Agreement. 7. INSPECTION: All articles and work will be subject to final inspection and approval after delivery, notwithstanding prior payment, it being expressly agreed that payment will not constitute final acceptance. The Division of Purchases, at its option, may either reject any article or work not in conformity with the requirements and terms of this order, or re-work the same at Contractor’s expense. The Division may reject the entire shipment where it consists of a quantity of similar articles and sample inspection discloses that ten (10%) percent of the articles inspected are defective, unless Contractor agrees to reimburse the Division for the cost of a complete inspection of the articles included in such shipment. Rejected material may be returned at Contractor’s risk and expense at the full invoice price plus applicable incoming transportation charges, if any. No replacement of defective articles of work shall be made unless specified by the Division. DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF 8. INVOICE: The original and duplicate invoices covering each and every shipment made against this order showing Contract number, Vendor number, and other essential particulars, must be forwarded promptly to the ordering agency concerned by the Vendor to whom the order is issued. Delays in receiving invoice and also errors and omissions on statements will be considered just cause for withholding settlement without losing discount privileges. All accounts are to be carried in the name of the agency or institution receiving the goods, and not in the name of the Division of Purchases. 9. ALTERATIONS: The Division reserves the right to increase or decrease all or any portion of the work and the articles required by the bidding documents or this agreement, or to eliminate all or any portion of such work or articles or to change delivery date hereon without invalidating this Agreement. All such alterations shall be in writing. If any such alterations are made, the contract amount or amounts shall be adjusted accordingly. In no event shall Contractor fail or refuse to continue the performance of the work in providing of articles under this Agreement because of the inability of the parties to agree on an adjustment or adjustments. 10. TERMINATION: The Division may terminate the whole or any part of this Agreement in any one of the following circumstances: a. The Contractor fails to make delivery of articles, or to perform services within the time or times specified herein, or b. If Contractor fails to deliver specified materials or services, or c. If Contractor fails to perform any of the provisions of this Agreement, or d. If Contractor so fails to make progress as to endanger the performance of this Agreement in accordance with its terms, or e. If Contractor is adjudged bankrupt, or if it makes a general assignment for the benefit of its creditors or if a receiver is appointed because of its insolvency, or f. Whenever for any reason the State shall determine that such termination is in the best interest of the State to do so. In the event that the Division terminates this Agreement in whole or in part, pursuant to this paragraph with the exception of 8(f), the Division may procure (articles and services similar to those so terminated) upon such terms and in such manner as the Division deems appropriate, and Contractor shall be liable to the Division for any excess cost of such similar articles or services. 11. NON-APPROPRIATION: Notwithstanding any other provision of this Agreement, if the State does not receive sufficient funds to fund this Agreement and other obligations of the State, if funds are de-appropriated, or if the State does not receive legal authority to expend funds from the Maine State Legislature or Maine courts, then the State is not obligated to make payment under this Agreement. 12. COMPLIANCE WITH APPLICABLE LAWS: Contractor agrees that, in the performance hereof, it will comply with applicable laws, including, but not limited to statutes, rules, regulations or orders of the United States Government or of any state or political subdivision(s) thereof, and the same shall be deemed incorporated herein by reference. Awarding agency requirements and regulations pertaining to copyrights and rights in data. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF States, or any of their duly authorized representatives to any books, documents, papers and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act, (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub. L. 94- 163, 89 Stat. 871). 13. INTERPRETATION: This Agreement shall be governed by the laws of the State of Maine as to interpretation and performance. 14. DISPUTES: The Division will decide any and all questions which may arise as to the quality and acceptability of articles provided and installation of such articles, and as to the manner of performance and rate of progress under this Contract. The Division will decide all questions, which may arise as to the interpretation of the terms of this Agreement and the fulfillment of this Agreement on the part of the Contractor. 15. ASSIGNMENT: None of the sums due or to become due nor any of the work to be performed under this order shall be assigned nor shall Contractor subcontract for completed or substantially completed articles called for by this order without the Division’s prior written consent. No subcontract or transfer of agreement shall in any case release the Contractor of its obligations and liabilities under this Agreement. 16. STATE HELD HARMLESS: The Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers and other persons, firm or corporation furnishing or supplying work, services, articles, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this Agreement. 17. SOLICITATION: The Contractor warrants that it has not employed or written any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement, and it has not paid, or agreed to pay any company, or person, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award for making this Agreement. For breach or violation or this warranty, the Division shall have the absolute right to annul this agreement or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF 18. WAIVER: The failure of the Division to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this order or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition or the future exercise of such right, but the obligation of Contractor with respect to such future performance shall continue in full force and effect. 19. MATERIAL SAFETY: All manufacturers, importers, suppliers, or distributors of hazardous chemicals doing business in this State must provide a copy of the current Material Safety Data Sheet (MSDS) for any hazardous chemical to their direct purchasers of that chemical. 20. COMPETITION: By accepting this Contract, Contractor agrees that no collusion or other restraint of free competitive bidding, either directly or indirectly, has occurred in connection with this award by the Division of Purchases. 21. INTEGRATION: All terms of this Contract are to be interpreted in such a way as to be consistent at all times with this Standard Terms and Conditions document, and this document shall take precedence over any other terms, conditions, or provisions incorporated into the Contract. DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF RIDER C EXCEPTIONS NA DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF DocuSign Envelope ID: 6EE50488-84F7-4D62-973C-3F552DF91F1CDocuSign Envelope ID: B6067043-F96C-4939-B81F-3D32AED5DCEF