Supplier Corner

XBD201201-00009-01_suppliercornerWe are doing amazing things at Berkeley Lab, and our suppliers are key to our success, so Procurement works hard to make your working relationship with the Lab as enjoyable as possible. The information on this page has been prepared to help you better understand how to do business with the Laboratory.

Becoming a Supplier for Berkeley Lab

Procurement welcomes the opportunity to assist new businesses in becoming Berkeley Lab suppliers. If you are interested in doing business with us, note the following important steps.

  • If you’re interested in becoming a supplier for our online catalog and ordering solution, eBuy,  register here. Your information will be reviewed by our program staff.
  • Suppliers wishing to be considered for business in the future can register with the Procurement Department now. Your information will be added to a master database of potential Berkeley Lab suppliers and reviewed by our sourcing staff. Learn  More about our Small Business Program here.
  • View construction related opportunities in our facilities department here.

How to do Business with Berkeley Lab

Supplier Guides

Download Procurement’s Doing Business with Lawrence Berkeley National Laboratory for more information about:

  • The responsibilities for procurement within the Laboratory
  • The rules and regulations the Laboratory must comply with
  • How to bid for business

Download Procurement’s Doing Business with Berkeley Laboratory for eBuy Suppliers for more information about:

  • How to submit invoices
  • Shipping requirements and terms
  • Contacts for questions on orders, invoices and payments

Procurement Policy & Forms

All suppliers doing business with the Laboratory must review and adhere to the referenced General Provisions incorporated into their contract. All other supplier-related forms can be found on our Supplier Forms Page.

Small Business Program

Procurement actively supports Berkeley Lab’s commitment to providing equal opportunities through contracting and individual order opportunities for small businesses. We make every effort to include the maximum practical number of small businesses in the competitive bidding process. Learn more about our Small Business Program here.

Sustainable Acquisitions

In addition to providing quality goods and services to support the scientific endeavors of the Berkeley Lab, Procurement is also committed to environmentally sound and sustainable acquisition practices, or “green” practices: particularly those that are consistent with the standards and certifications found at the Sustainable Facilities Tool website. We actively seek to do business with suppliers who offer energy efficient and environmentally responsible products. To learn more about our Sustainable Acquisition efforts click here.

IMPORTANT NOTICES

Update on implementation of EO 14042 – OMB guidance on nationwide preliminary injunction

On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction barring enforcement of the requirements of Executive Order 14042 in any state or outlying area of the United States.

Accordingly, subcontractors with contracts that contain a clause implementing requirements of Executive Order 14042 are notified of the following:

The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”).  In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area.  A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/


FAR 52.232-39 Notification

The Federal Acquisition Regulation (FAR) Council issued an final rule stating that any indemnification clause that is included in an End User License Agreement (EULA), Terms of Service (TOS) or similar agreement that contains an open-ended indemnity requirement is unenforceable against the Government and any Government authorized end users, such as The Regents of the University of California through LBNL (UC/LBNL), because such agreements violate the Anti-Deficiency Act (ADA). Accordingly, UC/LBNL must flow down clause FAR 52.232-39 in all pertinent purchases of this nature, even those that have a zero dollar value.

This rule also applies to situations involving the acceptance of terms such as through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements) and neither the Government nor any Government authorized end user, including UC/LBNL, shall be deemed to have agreed to such an indemnification clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. Any such indemnification clauses included in these agreements shall be deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.


Notice regarding Whistleblower Protection Enhancement Act (WPEA) as required by Contract 31, Clause H.31

The Whistleblower Protection Enhancement Act of 2012 (WPEA) was signed into law in 2012. The law strengthened the protections for federal employees who disclose evidence of waste, fraud, or abuse. This communication serves as notice that if you have been required to sign a nondisclosure policy, form, or agreement to access confidential, classified or other information, you should read this statement as if it were incorporated into any LBNL non-disclosure policy, form, or agreement you have signed.

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. Employees are reminded that reporting evidence of waste, fraud, or abuse involving classified information or classified programs must continue to be made consistent with established rules and procedures designed to protect classified information.

You are reminded that reporting evidence of waste, fraud, or abuse involving classified information or classified programs must continue to be made consistent with established rules and procedures designed to protect classified information.

Please further note that, in the case of any conflict with an agency non-disclosure policy, form, or agreement, the following Executive orders and statutory provisions are controlling:

  • Executive Order No. 13526;
  • Section 7211 of Title 5, United States Code (governing disclosures to Congress);
  • Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military);
  • Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);
  • Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents);
  • The statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952, of title 18, United States Code; and
  • Section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)).