00 LBNF NSCF RFI - Updates and Contract Form.pdf

RFI – Construction Procurement Approach and Contractual Framework Fermi National Accelerator Laboratory LBNF/DUNE-US NSCF Construction Page 1 of 4 Batavia, Illinois

September 9, 2026

REQUEST FOR INFORMATION (RFI)

Construction Procurement Approach and Contractual Framework

1. Purpose

Fermi Forward Discovery Group LLC (“FFDG”), the manager and operator of Fermi National Accelerator Laboratory (“FERMILAB”), under its Prime Contract Number 89243024CSC000002 with the United States Department of Energy(“DOE”), is leading the Long-Baseline Neutrino Facility (LBNF) Project (“PROJECT”) to enable a world-class program in neutrino physics. The LBNF Project (https://lbnf-dune.fnal.gov/) provides the infrastructure for a new high-intensity neutrino beam generated at Fermilab to be aimed at neutrino detectors located nearly a mile underground at the Sanford Underground Research Facility (SURF) in Lead, SD.

The LBNF Near Site Conventional Facilities (NSCF) Subproject at Fermilab in Batavia, IL would like your thoughts and opinions concerning some questions on the LBNF/DUNE-US Project. We are informing the market of recent updates to the NSCF Construction and request industry feedback on the proposed procurement approach, and contractual terms associated with the upcoming solicitation. This RFI is informational only and does not constitute a solicitation. FFDG will not reimburse any costs incurred in responding.

2. Background and Informational Updates

Based on ongoing engagement with industry and DOE, along with recent design and scope refinements, the NSCF procurement approach and supporting documents have evolved as summarized below.

2.1 Changes Since Prior Offering

• Shift to a CM/GC delivery method.

• The funding available to the CM/GC at award will reflect a substantially strengthened and front-loaded funding profile compared to the levels in place during the previous NSCF Construction RFPs.

• Consolidation of the Beamline Complex and Near Detector Complex into one bid package.

• Adoption of a two-step procurement (RFQ then RFP).

• Increased emphasis on collaboration and value engineering and constructability input from

CM/GC.

• Best-value selection emphasizing scope maximization within available budget.

• Multiple technical revisions.

2.2 Two-Step Procurement Structure

• RFQ: Open competition; draft subcontract and T&Cs included early for review; cost range shared to convey scale and funding readiness.

Robert Ropos LBNF Procurement Specialist

LBNF/DUNE-US /

Procurement P.O. Box 500, MS 123 Kirk Road and Pine Street Batavia, Illinois 60510-5011

USA

Phone: 630.840.5249 rropos@fnal.gov mailto:rropos@fnal.gov

RFI – Construction Procurement Approach and Contractual Framework Fermi National Accelerator Laboratory LBNF/DUNE-US NSCF Construction Page 2 of 4 Batavia, Illinois

• RFP: Down-selected firms receive budget phasing info and may participate in one-on-one proprietary discussions. Pricing required for all scope items; Award Fee Incentive Program (AFIP) details included. Unsuccessful offerors eligible for stipends.

2.3 Technical Revisions

• Updated mass concrete specifications informed by industry experts.

• Relaxed decay vessel tolerances aligned with pressure vessel standards.

• Relocated secondary shaft for improved ventilation and mucking operations.

• Shifted majority of Target Shield Pile steel installation to later phases, simplified NSCF scope

• Decay Region inner concrete shielding reduced from 5.6m to 4.0m

• Eliminated Decay Region internal bracing.

• Additional minor updates based on market feedback.

2.4 Value Engineering and Constructability

• Offerors are encouraged to develop VE ideas during proposal and pre-construction phases.

• Incentives and savings-sharing mechanisms included in Subcontract.

2.5 Potential Contract Revisions

• Inclusion of mutual waiver of consequential damages.

• Award incentives in lieu of liquidated damages.

• Clarified turnover/owner possession process.

• Added limitations to broad design warranty language.

• Clarified subcontractor rights regarding differing site conditions.

• Use of economic price adjustments to mitigate inflation risk.

• The T&Cs provided with this RFI reflect FFDG’s current T&Cs and are provided for industry review and comment. It should be noted that FFDG is currently reviewing a proposed modification to its DOE Prime Contract that includes significant FAR and DEAR updates.

As a result, FFDG anticipates revisions to multiple FAR and DEAR clauses prior to issuance of the solicitation; for example, FAR 52.225-11, Buy American—Construction Materials Under Trade Agreements (Deviation JAN 2026), is anticipated to be incorporated into the final solicitation. The final RFP will include the applicable FAR, DEAR, and Prime Contract requirements in effect at the time of solicitation.

2.6 Best-Value Selection Approach

• Evaluation of team, approach, VE/ constructability contributions, and alignment with project priorities.

• Award weighted towards offer with the most scope achieved within budget.

• Scope priorities not initially within the GMP may be incorporated at FFDG’s discretion.

3. Terms and Conditions / DOE Prime Contract Requirements

The draft subcontract and Terms & Conditions (T&Cs) are substantially based on and incorporate applicable requirements from FFDG’s DOE Prime Contract and mandatory DOE flow downs. As a result, FFDG has limited flexibility to modify or remove those provisions.

FFDG welcomes industry feedback on provisions that are unclear, create unintended risk, or could affect competition or pricing. Respondents should identify the specific concern and proposed alternative where appropriate. Requests for extensive exceptions or deviations, particularly to mandatory Prime Contract or DOE requirements, may not be accommodated.

RFI – Construction Procurement Approach and Contractual Framework Fermi National Accelerator Laboratory LBNF/DUNE-US NSCF Construction Page 3 of 4 Batavia, Illinois

4. Industry Feedback Requested FFDG seeks constructive, detailed feedback on the following areas to inform updates to the attached sample subcontract and associated exhibits.

4.1 Subcontract Structure and Clarity

• Does the sample subcontract appropriately support CM/GC delivery?

• Are roles, responsibilities, and risk allocations clearly articulated?

• Any recommended improvements to support coordination among FFDG, General

Contractor, subcontractors, and design team?

4.2 Terms & Conditions

• Appropriateness and clarity of economic price adjustment clauses.

• Adequacy of differing site conditions language for protecting both subcontractors and project interests.

• Feedback on the revised warranty language and turnover processes.

4.3 Procurement Strategy (Two-Step / Best-Value)

• Does the RFQ/RFP structure encourage fair and competitive participation?

• Are one-on-one proprietary discussions helpful or is another methodology preferred?

• Feedback on proposed solicitation approach and the appropriate consideration of VE, constructability, and scope maximization in the evaluation and selection process. Specific evaluation factors and relative importance will be provided in the solicitation and not included as a part of this RFI.

4.4 Value Engineering and Constructability Participation

• Are proposed savings-sharing mechanisms sufficiently motivating?

• Any concerns about risk distribution in CM/GC delivery?

4.5 Other Contractual or Market Concerns

• Recommendations regarding award incentives, stipends, or collaboration frameworks.

• Identification of contractual, technical, or procurement elements that may either encourage or discourage participation by large or mid-sized contractors.

5. Response Instructions

• Responses should be submitted in writing.

• Clearly identify your company name and point of contact, including email and phone number.

• Submission deadline: October 2, 2026

• Submit responses electronically to: rropos@fnal.gov

6. Disclaimer This RFI is issued for information-gathering purposes only. Participation is voluntary and does not confer any advantage or disadvantage in any future procurement. This RFI does not commit the United States Government to pay any costs incurred in the preparation or submission of any response to procure any supplies or services.

FFDG may use information received in response to this RFI to inform procurement strategy, draft subcontract, and solicitation documents. Respondents should not assume that any recommendation or requested change will be incorporated into the solicitation or resulting subcontract.

mailto:rropos@fnal.gov

RFI – Construction Procurement Approach and Contractual Framework Fermi National Accelerator Laboratory LBNF/DUNE-US NSCF Construction Page 4 of 4 Batavia, Illinois

7. Attachments

1. NSCF CM-GC Construction Subcontract V1

2. Exhibit E – General Terms and Conditions for Construction CM-GC

3. Exhibit O - Definitions

Respectfully, Robert Ropos

LBNF/DUNE-US Procurement Specialist