01 Package 1 (RFP Documents) Wetlands Permit Work 4-20-23.pdf

REQUEST FOR PROPOSAL

FRA RFP NO. LBNF-342297-BWQ

for the Construction of the

Long-Baseline Neutrino Facility (LBNF)

Near Site Conventional Facilities (NSCF)

Wetland Permit Work Construction

Package No. 1 of 4:

RFP DOCUMENTS

Request for Proposal Package 1: RFP Documents FRA RFP No. LBNF-342297-BWQ Wetland Permit Work Construction

THIS PAGE INTENTIONALLY LEFT BLANK

TABLE OF CONTENTS

Request for Proposal (FRA RFP No. LBNF-342297-BWQ) Package No. 1 of 4

• Proposal Preparation Instructions

ENCLOSED FOR REFERENCE/INSTRUCTION – DO NOT RETURN

• Mandatory Requirements Checklist

RETURN COMPLETED FORM WITH YOUR PROPOSAL

• Offeror’s Proposal o Price Proposal Form

RETURN COMPLETED FORM WITH YOUR PROPOSAL

o Unit Price Proposal Form

RETURN COMPLETED FORM WITH YOUR PROPOSAL

• Supplier Portal Registration Instructions

COMPLETE ONLINE

• Representations & Certifications Forms (PUR-466 & SARC)

RETURN COMPLETED FORM WITH YOUR PROPOSAL

• Bid Bond Form (FL-41)

RETURN COMPLETED FORM WITH YOUR PROPOSAL

• Construction Environmental, Safety & Health Plan (CESHP) Form

RETURN COMPLETED FORM WITH YOUR PROPOSAL

• Subcontractor Injury & Illness Data Questionnaire (7010-F1)

RETURN COMPLETED FORM WITH YOUR PROPOSAL

• Organizational Conflicts of Interest Forms (FL-57A, FL-57B & FL-11)

RETURN COMPLETED FORM WITH YOUR PROPOSAL

• Representations Regarding Proprietary Data (FL-105)

RETURN COMPLETED FORM WITH YOUR PROPOSAL

• Rights to Proposal Data (technical) (FL-107)

RETURN COMPLETED FORM WITH YOUR PROPOSAL

Request for Proposal FRA RFP No. LBNF-

342297BWQ

Package 1: RFP Documents Wetland Permit Work Construction

Proposal Preparation Instructions

ENCLOSED FOR

REFERENCE/INSTRUCTION – DO NOT

RETURN

Request for Proposal FRA RFP No. LBNF-342297

-BWQ

Package 1: RFP Documents Wetland Permit Work Construction

FRA RFP No. LBNF-342297 -BWQ Wetland Permit Work Construction

RFP No. LBNF-342297-BWQ LBNF NSCF Wetland Permit Work Construction

Fermi National Accelerator Laboratory Batavia, Illinois 1

PROPOSAL PREPARATION INSTRUCTIONS

PROPOSAL CONTENTS

DESCRIPTION

Fermi Research Alliance, LLC (FRA) expects to select one subcontractor to perform construction services as required by the Long Baseline Neutrino Facility, Deep Underground Neutrino Experiment (LBNF/DUNE-US) Project, Near Site Conventional Facilities (NSCF) at Fermi National Accelerator Laboratory (Fermilab) under a firm-fixed price (FFP) Subcontract. Please submit Price Proposals for the Wetland Permit Work Construction. The proposals received from this Request for Proposal (RFP) will be evaluated to determine the firm that provides the best value to meet the requirements.

BACKGROUND

FRA will provide facilities to enable a world-class program in neutrino physics that can measure the fundamental physical parameters, explore physics beyond the Standard Model, and better elucidate the nature of matter and anti-matter. Specifically, the LBNF/DUNE-US Project will involve building a new high-intensity neutrino beam at Fermilab aimed at the Sanford Underground Research Facility (SURF), located 1,300 km away in South Dakota, where the international community will build neutrino detectors.

The LBNF Project will be optimized for precision measurement of neutrino oscillations with the goal of searching for charge parity-violation in the neutrino sector, as well as making other precision oscillation measurements.

The LBNF Project will construct the NSCF at Fermilab. The NSCF Wetland Permit Work Construction scope includes the tree removal and wetland excavation to allow for the new Beamline and Near Detector Complexes.

GENERAL

The proposal should consist of a Price Proposal, and all required forms listed in the RFP Letter under Enclosures. The proposal should be submitted with a cover letter identifying the Offeror’s name and address, solicitation number and title, the name(s), title(s), email addresses, and telephone number(s) of the individuals in the Offeror’s organization who have commitment authority on behalf of the Offeror and will be responsible for contractual negotiations and administration of any resultant Subcontract.

SELECTION

A. Preliminary Evaluation

The Laboratory will evaluate each proposal to ensure that it meets the Mandatory Requirements as identified below. Offerors will be required to provide evidence (along with its proposal) indicating the Mandatory Requirements identified below have been met. Those proposals not meeting the Mandatory Requirements may be eliminated from further consideration for award of a subcontract.

Proposals that meet all the Mandatory Requirements in the solicitation will be further evaluated based on Pricing.

Fermi National Accelerator Laboratory Batavia, Illinois 2

B. Mandatory Requirements (Complete Mandatory Requirement Checklist)

1. Submit all required items per the RFP, listed under Enclosures in the RFP Letter.

2. Demonstrated Experience - Delivered three (3) similar projects within the past 10 years of $1M total project cost or greater.

3. Demonstrated Experience - Demonstrated excavation and site preparation experience on at least three (3) completed similar projects within the past ten (10) years. Performed in the role as Prime GC, JV, or Primary Subcontractor.

4. Minimum Single Project Performance & Payment Bonding capacity equal to 110% of the proposed contract value or greater. Evidence should be provided in a letter from the Proposer’s Bonding/Surety provider stating the capability and commitment if awarded.

5. Annual Revenues greater than $10M for each of the past five (5) years.

6. Minimum FRA Safety requirements. EMR less than 1.0, for last three years, less than 85% BLS average for TRCR and DART for heavy construction. This applies to all members of Joint Ventures.

7. Confirmation of attendance of the prime GC, or if the prime GC is a Joint Venture, a member of a Joint Venture at mandatory pre-proposal conference and site visit.

8. Preliminary cost-loaded Schedule delivered.

9. Submitted list of primary subcontractors (all subs over $100k subcontract value)

10. Qualifications of Key Personnel (Project Manager, Superintendent and ES&H Manager.

C. Overall Relative Importance of Proposal Parts All Offerors meeting the Mandatory Requirements above, will be further evaluated as set forth below.

The Laboratory shall make a selection for award based on the principles of lowest priced, technically acceptable. Award shall be made to the Offeror who is deemed responsive and responsible; whose proposal conforms to the solicitation’s requirements; and is judged to represent the best value to FRA.

Batavia, Illinois 3

FRA may, at its own discretion, request clarification of any omissions or errors on Offeror’s proposals.

PRICE PROPOSAL

The Offeror’s Price Proposal shall be submitted on the Price Proposal Form. The Price Proposal shall offer total FFP for the Scope of Work including the Base Bid Price. The total FFP shall include all applicable federal, state, and local taxes, duties, and all other Subcontractor obligations under the resulting Subcontract. In addition, unit prices that are all-inclusive (i.e., shall include costs for labor, supervision, material, equipment, bond, overhead, profit, etc.) for Change Order work shall be submitted on the Unit Price Proposal Form.

PERFORMANCE AND PAYMENT BONDS

The successful Offeror will be required to provide performance and payment bonds as specified in the

Sample Subcontract.

ADDITIONAL INSTRUCTIONS

Proposal Due Date: Friday, May 19th, by 5PM CST. Proposals must be sent electronically to bquinn@fnal.gov. Proposals with large file sizes precluding e-mail transmission may be provided via a Offeror-supplier link hosting the file. Proposals sent in this manner must be accessible at the time proposals are due.

MANDATORY PRE-PROPOSAL CONFERENCE

Scheduled for Thursday, May 4th, 2023 at 2PM CST.

Offerors are required to attend a Pre-Proposal Conference via Zoom. FRA will review information about the project, which should be of interest to all Offerors. This presentation will be recorded. The Zoom link is:

https://fnal.zoom.us/j/7867205529?pwd=SndVd2lPSjFjVnUyelpkZllCSXZuQT09 Meeting ID: 786 720 5529 Passcode: 712818 One tap mobile +13126266799,,7867205529#,,,,*712818# US (Chicago)

+13092053325,,7867205529#,,,,*712818# US

The purpose of the Pre-Proposal Conference is to ensure that Offerors gain the best possible understanding of the work conditions and requirements. Offerors will be given an opportunity to ask questions about the work. All questions during the Pre-Proposal Conference should be documented in writing and submitted to the Procurement Specialist for distribution to all potential Offerors. Similarly, any potential offeror that visits the site and has subsequent questions must submit those in writing to the Procurement Specialist as well.

Only written answers provided by the Procurement Specialist should be considered when offerors are preparing proposals.

Offerors shall inform the FRA Procurement Specialist (bquinn@fnal.gov), no later than Friday, April 28th, 5 p.m. CST, of the number of persons who will attend the pre-proposal conference, including any lower tier subcontractors, and the company they will be representing.

https://www.fnal.gov/pub/visiting/map/site.html https://fnal.zoom.us/j/7867205529?pwd=SndVd2lPSjFjVnUyelpkZllCSXZuQT09

Batavia, Illinois 4

OFFERORS’ QUESTIONS

Any prospective Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request in writing by close of business (5:00 p.m.), Friday, May 12th 2023.

Questions submitted after this date may not be answered prior to the proposal due date. Questions must be submitted by email. Answers to questions that are germane to the interpretation of FRA’s requirements will be issued to all Offerors by email, ensuring that the identity of Offerors submitting the questions will remain anonymous.

The Prime GC or a member of a JV, if the Prime GC is a JV must attend the virtual mandatory Pre- Proposal Conference. FRA intends to schedule days for optional site visits for interested suppliers via solicitation addendum. A site map is available at https://www.fnal.gov/pub/visiting/map/site.htm

SAFETY-RELATED REQUIREMENTS

The Subcontract will be subject to the Worker Safety and Health Program regulation enacted by the U.S.

Department of Energy (DOE). It applies to work performed at FRA work sites by FRA and its Subcontractors. The regulation is located at Title 10, Part 851, of the U.S. Code of Federal Regulations (10 CFR 851). Provisions implementing the requirements of the regulation are included in the Sample Subcontract. Information on the regulation is available at the following website: https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title10/10cfr851_main_02.tpl.

INSURANCE

The Price Proposal shall include all costs for maintaining insurance coverage in accordance with the General Provisions and the Sample Subcontract.

DAVIS BACON ACT REQUIREMENTS

Any resulting Subcontract will be subject to the Davis-Bacon Act and related labor regulations, which are identified in the Sample Subcontract. The FRA Procurement Specialist will provide the Subcontractor with the applicable Davis Bacon Wage Determination.

BUY AMERICAN ACT REQUIREMENTS—CONSTRUCTION MATERIALS

The General Provisions of the Sample Subcontract include FAR Clause 52.225-9, Buy American Act— Construction Materials, which requires that only domestic construction materials be used in performing the Subcontract (i.e., construction material manufactured in the United States or unmanufactured construction material mined or produced in the United States), unless a specific exception applies. The Offeror is to indicate in the Representations and Certifications form, to be submitted with the proposal, whether it proposes to furnish any foreign construction material.

Refer to FAR Clause 52.225-9 for the definition of: construction material, domestic construction material, and foreign construction material.

http://www.ecfr.gov/cgi-

Fermi National Accelerator Laboratory Batavia, Illinois 5

E-VERIFY PROGRAM ENROLLMENT VERIFICATION

The Subcontract will include FAR Clause 52.222-54, Employment Eligibility Verification. Accordingly, the selected Offeror will be required to:

Be enrolled as a Federal contractor in the government’s online E-Verify system, which is located at:

https://e-verify.uscis.gov/enroll, and if necessary, provide FRA with written verification of the enrollment;

Use the E-Verify system to verify the employment eligibility of all employees assigned to the Subcontract and of all new hires working in the United States, except that if the selected Offeror is an institution of higher education as defined at 20 U.S.C. 1001(a), or a state or local government or the government of a federally recognized Indian tribe, it may choose to verify only new hires assigned to the Subcontract; and

Include the clause in lower-tier subcontracts for construction or services exceeding $3,000, as required by the clause, and if necessary, provide FRA with written verification of the inclusion of the clause in the Subcontracts and the lower-tier subcontractors’ enrollment in the E-Verify system.

Additional information about the employment eligibility verification requirements is available at http://www.uscis.gov/everify.

ACCEPTANCE OF TERMS AND CONDITIONS

By submission of a proposal, the Offeror will be considered to have accepted the terms and conditions of the sample Subcontract, unless specific exceptions are taken and explained. The terms and conditions have been approved by the DOE, and it is not FRA’s intent to make significant changes to them.

Resolving extensive exceptions may be time consuming and result in unacceptable delays in the award of a Subcontract, and cause FRA to consider the Offeror’s proposal to be nonresponsive.

PROPRIETARY INFORMATION

FRA will safeguard any commercial or financial information contained in submitted proposals from disclosure outside FRA or the government. FRA prefers not to receive any proprietary technical data or information. If a proposal includes any proprietary technical data or information, it must be conspicuously marked as “Proprietary” or “Confidential,” or an equivalent term. Also, please identify in your proposal cover letter the page numbers where such data or information is located in your proposal as required by DEAR 952.227-82 Rights to Proposal Data. FRA will endeavor to maintain proprietary data or information in confidence to the same degree as its own proprietary information and not disclose such information to individuals other than those working for FRA or the government on this procurement. These individuals will be bound by an obligation of confidentiality to use such proprietary data or information solely for the purpose of evaluation of the proposal. However, except for technical data that is specifically identified in the proposal as proprietary, FRA and the government shall have the right to use, duplicate, disclose, and have others do so for any purpose whatsoever, the technical data contained in the proposal upon which a Subcontract is based.

If the Offeror intends to use a product or process in which there is a proprietary or background patent position, the proposal should so indicate and list patent applications and/or patents granted (including dates, numbers, and descriptions), and whether the government has rights related to those patents.

[END OF PROPOSAL PREPARATION INSTRUCTIONS]

http://www.uscis.gov/everify

Mandatory Requirements Checklist

RETURN COMPLETED FORM WITH YOUR

PROPOSAL

Fermi National Accelerator Laboratory Batavia, Illinois 1

RFP No. LBNF-342297-BWQ

MANDATORY REQUIREMENTS CHECKLIST

Date:

To: Brian Quinn Procurement Specialist IV LBNF Procurement Fermi National Accelerator Laboratory Wilson Hall, Rm. 1346 Batavia, IL 60510

Project: LBNF NSCF Wetland Permit Work Construction

Item Description if Submitted

1. RFP Letter listed Enclosures

B. Price Proposal Form C. Unit Price Proposal Form D. Supplier Portal Registration Completion Statement E. Representations and Certifications (PUR-466 & SARC) F. Bid Bond Form (FL-41) G. Construction Environmental, Safety & Health Certification (CESHC) Form H. Subcontractor Injury & Illness Data Questionnaire, including OSHA 300A logs and EMR Documents (7010-F1) I. Organizational Conflicts of Interest Form (FL-57A, FL-57B & FL-11) J. Representations Regarding Proprietary Data (FL-105) K. Rights to Proposal Data FL-107) L. ES&H Corporate Program M. Quality Assurance Corporate Program

2. Demonstrated Experience - Delivered three (3) similar projects within the past 10 years of $1M total project cost or greater.

3.

Demonstrated Experience - Demonstrated excavation and site preparation experience on at least three (3) completed similar projects within the past ten (10) years. Performed in the role as Prime GC, JV, or Primary Subcontractor.

Fermi National Accelerator Laboratory Batavia, Illinois 2

4.

Minimum Single Project Performance & Payment Bonding capacity equal to 110% of the proposed contract value or greater. Evidence should be provided in a letter from the Proposer’s Bonding/Surety provider stating the capability and commitment if awarded.

5.

Annual Revenues greater than $10M for each of the past five (5) years.

6.

Minimum FRA Safety requirements. EMR less than 1.0, for last three years, less than 85% BLS average for TRCR and DART for heavy construction.

This applies to all members of Joint Ventures

7. Confirmation of attendance of the prime GC, or if the prime GC is a Joint Venture, a member of a Joint Venture at mandatory pre-proposal conference and site visit.

8.

Preliminary cost-loaded Schedule delivered.

9. Submitted list of primary subcontractors (all subs over $100k subcontract value).

10. Qualifications of Key Personnel (Project Manager, Superintendent and ES&H Manager.

[END OF MANDATORY REQUIREMENTS CHECKLIST]

Offeror’s Proposal

Price Proposal Form

PROPOSAL

REQUEST FOR PROPOSAL No. LBNF-342297-BWQ

PROPOSAL FORM

Date:______________

To: Fermi National Accelerator Laboratory P. O. Box 500 Batavia, Illinois 60510

PROJECT: Wetland Permit Work

In compliance with your Request For Proposal dated _______, 2023 the undersigned hereby proposes to furnish the plant, labor, materials and equipment (except materials or equipment that may be specified to be furnished by Fermi National Accelerator Laboratory) and perform all work necessary for subject project in strict accordance with the Drawings, Specifications and Request For Proposal, for the sum of:

PROPOSAL: (Wetland Permit Work) Total $_______________________

(Written Amount)

1.0 BASE PROPOSAL AMOUNT

Qty Total Cost

1. Site Clearing _______ acres $ ________________

2. Excavation & Fill _______ cu yds $ ________________

3. Miscellaneous lot $ ________________

4. Performance & Material lot $ ________________ Labor Payment Bonds

BASE PROPOSAL TOTAL $ ________________

This Proposal may be accepted for a period of One Hundred Twenty (120) after the opening date.

The offeror agrees that, if awarded the contract, he will commence the work within ten (10) calendar days after the effective date of the contract and that they will complete the work so that it is substantially complete not later than March 31, 2024 and fully complete not later than April 30, 2024.

The offeror further agrees that, if any or all of the Alternates are accepted, he will fully complete all work within the same time frame as work specified under the base contract.

Receipt of Addenda: The undersigned acknowledges receipt of the following addenda of the Invitation for Bids, drawings, and/or specifications, etc. (Give number and date of each).

Failure to acknowledge receipt of an addendum may be cause for rejection of the bid.

Addendum No. _______ Dated _________________________

Addendum No. _______ Dated _________________________

Addendum No. _______ Dated _________________________

(Contractor)

By:

Title:

Business Address

Telephone Number

PLEASE CHECK THE APPROPRIATE BOX:

______Corporation, incorporated in

______the State of ___________________

_______Individual _______Partnership _______Joint Venture

Unit Price Proposal Form

PROPOSAL

LBNF NSCF WETLAND PERMIT WORK

BATAVIA, ILLINOIS

UNIT PRICES

These Unit Prices shall be all-inclusive (i.e., shall include costs for labor, supervision, material, equipment, bond, overhead, profit, etc.). Unit Price titles and their corresponding estimated quantities for proposal preparation purposes only are as follows (see technical specifications for complete descriptions). It should be noted that these Unit Prices will not be evaluated to determine the apparent low offeror.

Unit Price

1. Excavation

a. Excavation by hand $ _________ per cu yd

b. Additional excavation by machine

i. 0-100 cubic yards $ _________ per cu yd

ii. 100-500 cubic yards $ _________ per cu yd

iii. more than 500 cubic yards $ _________ per cu yd

c. Excavation by machine and removal of unsuitable material off site

i. 0-100 cubic yards $ _________ per cu yd

ii. 100-500 cubic yards $ _________ per cu yd

iii. more than 500 cubic yards $ _________ per cu yd

d. Furnish, backfill and compact (to spec) suitable material obtained off site

i. 0-100 cubic yards $ _________ per cu yd

ii. 100-500 cubic yards $ _________ per cu yd

iii. more than 500 cubic yards $ _________ per cu yd

e. Backfill and compact (to spec) suitable material obtained from on-site

i. 0-100 cubic yards $ _________ per cu yd

ii. 100-500 cubic yards $ _________ per cu yd

iii. more than 500 cubic yards $ _________ per cu yd

NOTE: A cubic yard of material is defined as a Bank Measure.

Supplier Portal Registration Instructions

COMPLETE ONLINE

FERMILAB SUPPLIER PORTAL | How to register as a new supplier in the Supplier Portal

Supplier Portal Registration Instructions Use these instructions to register your company in Fermilab’s Supplier Portal. This includes how to add another contact person, how to add company addresses, and how to add products and services etc. All fields with an asterisk are required. Please use only upper case letters and numbers when entering data.

The Company Profile page will be displayed. Your company profile is divided into seven sections, including a review. Please note that some changes, such as address changes, will trigger approval requests to Fermilab Supplier Administrators. These changes will only take effect after Supplier Administrators approve them.

Section 1: Company Details

• You will land on the Company Details tab. In this section, your company name, Supplier Type, D-U-N-S Number, and Tax Organization are mandatory fields. The company name must be the full legal name of your company. Use the drop down lists to choose the types appropriate for you company.

• Enter your contact information. Once this is entered, you can choose SAVE FOR LATER, and an email will be sent to you with a link to continue the set up at a later time. However, tax information will not save and will have to be reentered.

• Next type your DUNS number. DUNS number is required for all US based companies that will be awarded subcontract with Fermilab. Now click the Tax Country box. Start by typing your company’s country and this will bring up a list of countries you can choose from. Select the correct country.

• Next, enter your tax id information. United States companies should enter in the Federal Taxpayer ID box. If you are an individual, enter your social security number instead. All other countries should enter their Tax Registration Number in that box. If this required information is not provided, the registration can’t be approved by Fermilab.

• If your company is a Small Business, you are required to provide your annual revenue and the number of employees. In the Additional Information section, enter your Annual Revenue. In the Corporate Total Employees field, enter the number of employees.

Section 2: Contacts

• Hit Next to go the Contacts page. Your name should appear here. If you click the Edit button, you can add additional information, such as job title and phone number. Also, notice that the box titled administrative contact is checked. Every profile needs an administrative contact. Since you are the only contact set up for this business initially, you are the administrative contact by default. You will see that the Request user account box is checked as well. This is because every business profile is also required to have at least one user account. If you look at the bottom of the screen, you can see that various roles have already been assigned to this contact by default.

You don’t need to make any changes to these roles.

• You can also add additional contacts by clicking the Create button. First name, last name and email are required. If you want this person to be able to perform administrative tasks in the Supplier Portal, such as adding other contacts, check the Administrative contact box. If this person needs his or her own user account, check the Request user account box. Click OK. Then click Next to go to the next section.

• If you would like to inactivate a contact, change the status field to “Inactive”.

Section 3: Addresses

In this section, you will be able to enter your company’s addresses.

• To add an address, click the + button. Please note that the Address Name field can only accept 12 characters; therefore, we suggest you name your address by using the first three letters of the city plus dash plus state code plus dash plus a number. For example, you can use “LOS-CA-1” to represent your first location in Los Angeles, California.

• In the Address Purpose section on the right, there are three checkboxes. The first one is ordering. Check this box if you want Fermilab to use this address to create purchase orders. The second one is remit to. Check this box if you want Fermilab to send any payments to this address. The third one is RFQ or bidding. Check this box if you want to set this address as the primary address for Fermilab’s solicitations.

• Next enter the name of your country in the Country box, choose your country and type your address.

• Enter the name of your city and hit the tab key. This would bring up a list of city names.

Choose the city with the correct county and state and then click OK. Similarly, you can enter the postal code and choose it from the dropdown menu. In addition, enter the 4-digit Postal Code Extension if it is applicable to your US zip code.

• Now enter your County name if it did not pre-populate.

• In the Additional Information section, enter your Congressional District. If you are not sure about your congressional district, check it out at https://www.govtrack.us/congress/members. Next, enter the DUNS number associated with this address. Click Next to go to the next section.

• If you would like to inactivate an address, enter today’s date in the Inactive Date field.

• When you are done, hit OK.

Section 4: Business Classifications

• In this section, you can add your company’s business classifications and upload your certification documents.

• If your business doesn’t have a special classification, such as minority owned, veteran owned etc., click the box None of the classifications are applicable.

• If your business has a special classification, click the + button and select a classification from the dropdown list.

• Under certifying agency, select either Self-Certified or Other. If Other, enter the other certifying agency name.

https://www.govtrack.us/congress/members

• Optionally, under Certificate, enter the certificate number. Then enter its start date and expiration date.

• If you want to attach a copy of your certificate, click the + sign to add an attachment

Section 5: Products and Services

• In this section, you can select the NAICS codes that best classify the goods and services your company provides. By selecting the appropriate codes, your company will have a better chance of getting invited to a solicitation that matches your company’s business offerings.

• On the left-hand side of the page, click the Actions down arrow. Then click the Select and Add.

Or choose the “Select and Add” icon. Now click the small arrow icon next to the words “Products and Services” to expand the list. Once you’ve selected your products and services, scroll down and click Apply and then click OK. Click the Save button to save your changes.

• You may go to census.gov, FIND A CODE, to help identify your appropriate NAICS codes.

Section 6: Questionaire

In this section, you need to tell us whether your company is U.S. based. If your answer is yes, you need to upload your W9. This will take a few clicks. Once finished, click Next to go to the review page.

Section 7: Review

After you are done entering your company’s information, you may review your changes by clicking on Review at the top right. You may do more editing or submit. You will receive a confirmation message.

To log out from the Supplier Portal, click Done, then click your name in the top-right corner and click the Sign Out link.

Representations & Certifications Form (PUR-466 & SARC)

PROPOSAL

Proposal Certifications Document PUR-466

Revision 2 Date 3/14/2023

INSTRUCTIONS TO OFFERORS:

By submission of its offer, the offeror represents that, unless otherwise noted in the offeror's proposal and agreed to through negotiations, the Fermi Research Alliance, LLC standard terms and conditions (included in the solicitation) will be included in and govern any subsequent subcontract. Review the attached Certifications and complete the sections that apply based on the dollar value of your proposal. Return to your Procurement Specialist as part of your proposal submission package.

Certifications #1: REQUIRED FOR ALL PROPOSALS ≥ $10,000 Export / Import Control

(1) Offeror’s Export Compliance Point of Contact information:

Name Phone Number E-mail Address

(2) The Offeror represents that items furnished under any resulting subcontract are , are not , items that are specially designed, fabricated, and configured for military or space applications as listed on the United States Munitions List (22

CFR 120-130).

(3) The Offeror represents that items furnished under any resulting subcontract are , are not , items that are dual-use military or space items listed on the Commerce Control List 15 CFR 730-774 (CCL) as 500 or 600 series items.

(4) The Offeror represents that items furnished under any resulting subcontract are , are not , items that are listed on the CCL, other than 500 or 600 series items. If the items are listed on the CCL, provide the following information:

Manufacturer’s Name Description Export Classification Control Number (ECCN) or EAR99

Harmonized Tariff Schedule (HTS) / Schedule B Number, if applicable

52.225-9 Buy American – Construction Materials (NOV 2021) Applicable for construction that is performed in the United States

(a) Definitions, as outlined in in FAR 52.225-9 (a) apply to this requirement.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. Chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE [Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

Document PUR-466

Revision 2 Date 3/14/2023

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed offeror; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Construction Material Description Unit of Measure Quantity Price (dollars)*

Item 1 Foreign Construction Material Domestic Construction Material

Item 2 Foreign Construction Material Domestic Construction Material

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

FAR 52.227-23 Rights to Proposal Data (Technical) (JUN 1987) Applicable when a technical proposal is being considered as part of the award decision

Not Applicable, OR Except for data contained on pages , it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the "Rights in Data- General" clause contained in this contract) in and to the technical data contained in the proposal dated , upon which this contract is based.

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FAR 52.227-14, Rights in Data-General (MAY 2014), as modified by DEAR 927.409 Applicable when a technical proposal is being considered as part of the award decision (data will be produced, furnished or acquired)

(a) Rights in Proposal Data It is Fermilab policy for a subcontract award based on a proposal that, in consideration of the award, the Government shall obtain unlimited rights in the technical data contained in the proposal unless the Offeror marks those portions of the technical information which he asserts as “proprietary data” or specifies those portions of such technical data which are not directly related to or will not be utilized in the work to be funded under the subcontract. Accordingly, please indicate:

Not Applicable, OR No restriction on Government rights in the proposal data; OR The following identified technical data is proprietary or is not directly related to or will not be utilized in the work to be funded under the subcontract.

(List data below)

(b) Representations of Limited Rights Data and Restricted Computer Software This solicitation sets forth the Government’s and Fermilab’s known delivery requirements for data (as defined in the clause at 52.227-14, Rights in Data-General). Any resulting subcontract may also provide the Government and Fermilab the option to order additional data under the Additional Data Requirements clause at 52.227-16, if included in the subcontract.

Any data delivered under the resulting subcontract will be subject to the Rights in Data-General clause at 52.227-14 included in this subcontract. Under the latter clause, a Subcontractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government and Fermilab the right to inspect such data at the Subcontractor’s facility

The Offeror represents that it has reviewed the requirements of the technical scope of work, particularly with respect to requirements for the delivery of technical data or computer software and states:

Technical Data Rights Not Applicable, OR None of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data, OR Data proposed for fulfilling the data delivery requirements qualify as limited rights data and are identified as follows: (List data below)

Computer Software Rights Not Applicable, OR No Restricted Computer Software will be utilized in the subcontract work, OR Restricted Computer Software will be utilized in the subcontract work and is identified as follows:

(List software below)

c. Any identification of limited rights data or restricted computer software in the offeror’s response is not determinative of the status of the data should a contract be awarded to the offeror.

NOTE: “Limited rights data” and “Restricted computer software” are defined in the subcontract clause “Rights in Data – General.” (FAR 52.227-14)

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DEAR 952.227-11 Patent Rights - Retention by the Contractor (Short Form) (MAR 1995) & DEAR 952.227-13 Patent Rights - Acquisition by the Government (SEP 1997) Under the provisions of P.L. 96-517, the patent terms required for subcontracts with Offerors in certain categories are set forth in the Department of Energy Acquisition Regulation (DEAR). In order to determine the Patent provisions applicable to this subcontract, please check the applicable box.

1. Offeror is:

(a) A small business firm as defined at Section 2 of P.L. 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. for the purpose of this definition, the size standard for small business concerns involved in Government procurement, contained in 13 C.F.R. 121.3-8, and in subcontracting, contained in 13 C.F.R. 121.3-12, will be used.

(b) A University or other institution of higher education or an organization of the type described in Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under Section 501(a) of the Internal Revenue Code (26 U.S.C 501(a); OR

(c) A nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

Please identify the statute:

(d) None of the above.

2. Applicable to Offerors who have checked 1. (d) above

Offerors who have checked (d) above have the right to request, in advance of or within 30 days after execution of the subcontract, in accordance with applicable statutes and the DOE Patent Waiver Regulation, (10 CF.R. Part 784), a waiver of all or any part of the rights of tile United States in Subject Inventions.

Please indicate:

I intend to request an advance waiver in accordance with 10 C.F.R. Part 784.

I do not intend to request an advance waiver.

This is submitted with the intention that the Department of Energy rely on my representation that the offeror is a member of the category indicated.

52.225-2 Buy American Certificate (OCT 2022) The terms “domestic end product”, “end product”, and “foreign end product” are defined in the clause 52.225-1, Buy American-Supplies.

Offeror certifies that they provide only services and are exempt from Buy American Act: Supplies.

Offeror certifies that this response is for construction, and therefore exempt from Buy American Act: Supplies.

Offeror certifies that end products are exempt from Buy American Act: Supplies, as they are intended for use outside the United States.

Offeror certifies that end products are exempt from Buy American Act: Supplies (due to nonavailability, public interest, or information technology that is a commercial item). Cite exemption:

Offeror certifies that each end product provided, except those listed below, is a U.S. domestic end product and that for other than Commercially Available Off-The-Shelf (COTS) items, the Offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States (“foreign end product”).

Offeror certifies that each end product provided, that do not qualify as U.S. domestic end products shall be listed below as non-U.S. domestic (“foreign”) end products.

Non-U.S. Domestic (“Foreign”) End Products:

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Line Item Number Country of Origin Exceeds 55% Domestic Content (Yes/No)

FRA will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

Certifications #2: REQUIRED FOR ALL PROPOSALS ≥ $150,000

52.203-2 Certificate of Independent Price Determination (APR 1985) Applicable when a firm-fixed price contract or fixed-price contract with economic price adjustment is contemplated

Not Applicable, OR If the solicitation is a Request for Quotations, the terms "Quotation" and "Quoter" may be substituted for "Offer" and "Offeror."

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

[insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision;

and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the dis-closure.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms

“agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or https://www.acquisition.gov/far/part-25#FAR_Part_25 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1138380 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1138380

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(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals

(A) Are , are not , presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have , have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are , are not , presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.