04 RFP-BVSS_JS-2025-003.pdf

(1-31-25)

REQUEST FOR PROPOSAL (RFP) No.: JS-2025-003

PROPOSAL DUE DATE: June 16, 2025

ADVANCED LIGHT SOURCE (ALS) LEAD SHIELDING

PANELS

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE:

332312 Fabricated Structural Metal Manufacturing

This solicitation is a small business set-aside.

Procurement Point of Contact: Janet Schlock Telephone No: (510) 486-5314 Email: JSchlock@lbl.gov

University of California, Managing and Operating Lawrence Berkeley National Laboratory Request for Proposal No. JS-2025-003

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory (“University” or “LBNL”) requests a proposal for Advanced Light Source (ALS) Lead Shielding Panels, in accordance with this RFP, the Sample Subcontract, and other enclosures.

This solicitation is governed by procurement policies and procedures established under the University’s Prime Contract No. DE-AC02-05CH11231 with the U.S. Government, represented by the Department of Energy (DOE), for management and operation of LBNL. Proposals submitted will be treated as offers and any resulting award(s) will be a Subcontract(s) under the University’s Prime Contract.

Timeline of Events Request for Proposal Release May 05, 2025 Offeror Questions Due June 02, 2025 Proposals Due June 16, 2025 no later than 3PM Pacific Time

This acquisition is to provide the Lead Shielding Panels for the ALS Project. The Lead Panels are separated into two separate batches that may be awarded separately; if deemed to be in the best interest of the University. Batch 1 of 33 panels includes all panels for Sectors 01 through 06, 1S1.2W-LP to 6S2.2W- LP. Batch two of 38 panels includes all panels for Sectors 07 through 12, 7S1.1LD-LP to 12T2.1W2-LP.

1.1 Estimated Term

It is expected that the Subcontract will be performed over a period of two years and will include optional month to month storage, if required. The ordered items should be delivered no later than 8/31/2027.

1.2 Notice of Small Business Set-Aside

Proposals are solicited exclusively from small business concerns, as that term is defined in the Federal Acquisition Regulation (FAR) Subpart 2.1. Any award(s) resulting from this solicitation will only be made to a small business concern. The University does not require small business partners in a joint venture or teaming arrangement with a large business concern submitting a proposal for a University Subcontract to perform any specific percentage of the work under the Subcontract that will be awarded as a result of the subject solicitation.

1.3 Notice of Small Business Set-Aside

Proposals are solicited exclusively from small business concerns, as that term is defined in the Federal Acquisition Regulation (FAR) Subpart 2.1. Any award(s) resulting from this solicitation will only be made to a small business concern. The University does not require small business partners in a joint venture or teaming arrangement with a large business concern submitting a proposal for a University Subcontract to perform any specific percentage of the work under the Subcontract that will be awarded as a result of the subject solicitation.

1.4 NAICS Code and Small Business Size Standard

The North American Industry Classification System (NAICS) Code for this acquisition is 332312, Fabricated Structural Metal Manufacturing. The corresponding small business size standard for this acquisition is 500 or fewer employees.

The Offeror shall complete the Small Business Program Representations clause in the attached Representations and Certifications form based on this small business size standard. Refer to Subpart 19.1

- Size Standards, of the Federal Acquisition Regulation (FAR) for information on calculating the number of employees.

Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the Women-Owned Small Business (WOSB) Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

2. SOLICITATION RESPONSE REQUIREMENTS AND EVALUATION FOR AWARD

2.1 General

The Offeror shall submit documentation illustrating their approach for satisfying the requirements of this solicitation. Failure to submit any of the information required by this solicitation may be cause for unfavorable consideration or exclusion from further consideration. Proposals shall be written in English and be clear, coherent, and prepared in sufficient detail for effective evaluation.

Written proposals shall be submitted by email (or other form of secure electronic submission) to the University Procurement Representative, Janet Schlock (JSchlock@lbl.gov) no later than 3:00 PM Pacific Time on Month XX, 2025

All correspondence in conjunction with this solicitation must be directed to the University Procurement Representative. Proposals shall be valid for a period of 90 days from the proposal due date. Acceptance of late proposals will be at the University’s discretion. The University reserves the right to reject any proposal, to waive any minor proposal irregularities, or to cancel this RFP at any time prior to award without cost to the University. The University will not reimburse any firm for proposal preparation or any other costs related to the participation in this RFP.

2.2 Offerors’ Questions

The University will respond to questions submitted via email to the University Procurement Representative on or before 3:00 PM Pacific Time on June 02, 2025. Questions submitted after this date may not be answered prior to the proposal due date. Answers to questions that are submitted timely will be issued or be made available to all Offerors electronically, ensuring that the identity of all Offerors will remain anonymous.

2.3 Evaluation and Selection

2.3.1 Determination of Responsive and Responsible Offers

The responsive and responsible Offeror(s) proposal shall demonstrate that the Offerors(s) can satisfy the technical requirements specified in the RFP and contain(s) the combination of price, performance features, and supplier attributes offering the best value to the University.

An initial review of offers will be performed by the Procurement Specialist to determine if the offer is complete and provides all the required information to enable the University to evaluate the offer to determine if it is responsive.

Offerors may be contacted only for clarification purposes during the initial review. Incomplete offers may be considered non-responsive and may be excluded from further consideration if the omissions are substantive (e.g., one or more required documents not submitted, one or more evaluation factors not addressed). Offerors will be notified when appropriate in the interest of fair business practice and professional courtesy if their offer was determined non-responsive and/or not meeting minimum requirements and the reasons for rejection will be provided if a debrief is requested.

A responsive Offeror is one whose proposal satisfies the requirements of this RFP including those listed in Section 2.4, and the requirements of the Sample Subcontract and its incorporated documents. A responsible Offeror is one that has adequate financial resources, ability to comply with the performance schedule, has a satisfactory performance record, has the necessary technical skills to be considered capable of performing and is otherwise eligible and qualified to perform the proposed Subcontract at the time of award. An Offeror cannot be determined as “responsible” if it is currently ineligible for receiving new federal government prime contracts or subcontracts. The determination of responsiveness and responsibility of complete offers will be made by a team consisting of technical and procurement personnel and considering the evaluation factors described in Section 2.4, below.

2.3.2 Evaluation of Supplier Attributes and Non-Technical Factors

The University will go on to determine the best overall value by evaluating the technical evaluation factors, supplier attributes, and non-technical factors including the price. The University Procurement Representative will make a determination for award to the successful Offeror(s) based on the results of the evaluation.

The University’s expectations for these evaluation factors are stated in Section 2.4.2.1 and 2.4.3.2. The University reserves the right to award to other than the lowest price Offeror(s). Offerors shall therefore strive to be persuasive in describing the value of their proposed performance features, supplier attributes, and other factors, including how they would enhance the likelihood of successful performance and achievement of the University’s objectives. Price will be evaluated based on the total proposed price, including freight.

2.3.3 Additional Evaluation Considerations

The University’s evaluation will be based on the information provided by the Offeror(s), the University’s own experience with the Offeror(s), and/or information obtained from the Offeror’s references and other sources. In its evaluation, the University will consider the degree of substantiation of the proposed approaches in the proposal volumes and in response to any discussions, if held. The University is not responsible for locating or securing any information which is not included in the proposal. To ensure sufficient information is available, Offerors shall furnish as part of their proposal all descriptive material (such as manuals, drawings, technical specifications, or other information) necessary for the University’s evaluation.

Offerors are advised that, although negotiations may follow receipt of proposals, award may be made without discussions on proposals received. If the University determines that revised proposals are necessary, the University may solicit them from only those Offerors deemed to have a reasonable chance to be selected for award. An Offeror is identified as having a reasonable chance of award based on the evaluation indicating they are responsive and responsible; they have presented acceptable or strong performance features and supplier attributes; they have sufficient bandwidth to take on new work; and their proposed pricing is considered fair and reasonable. The University reserves the right to make no awards, a single award, or multiple awards as a result of this solicitation, if it is in the best interest of the University.

2.4 Proposal Submittal Requirements

Proposals shall consist of a cover letter, a technical volume, and a business volume. Offerors shall submit these as separate documents. Use of the Microsoft suite is the preferred format for submittals.

Proposals shall include information on the following evaluation factors. Please note that a description of the information required of each factor is provided after the table below.

2.4.1 Cover Letter

Volume Factor

Cover Letter Per Section 2.4.1

Technical Volume

Technical Evaluation Factors

Factor 1 – Ability to meet technical requirements

Factor 2 – Delivery & Schedule

Factor 3 – Manufacturing capabilities and capacity (including lower-tier subcontractors)

Factor 4 – Past performance producing similar products

Factor 5 – Quality Assurance

Business Volume

Non-Technical Evaluation Factors

Enclosures

Offeror’s Acceptance of the terms, conditions, general provisions, and other incorporated documents of the Sample Subcontract

Price Proposal

The cover letter shall identify the Offeror’s name and address, solicitation number and title, the name(s), title(s), email address(es), and telephone number(s) of the individuals in 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.

2.4.2 Technical Volume

The technical volume shall contain a comprehensive discussion of how the Offeror will fulfill the technical requirements and successfully perform the Subcontract, including a discussion of important performance features and supplier attributes, highlighting any aspects which may separate it from its competitors.

2.4.2.1 Technical Requirements

The technical volume shall identify, describe, and discuss the following performance features and supplier attributes the University has identified as desirable for the successful performance of the proposed Subcontract. The University will use these factors for the subjective evaluation of proposals. The factors are listed in the relative order of importance to the University. The Offeror shall discuss them in the proposal and may identify other performance features and supplier attributes not listed below that the Offeror believes may be of value to the University. If the University agrees, they will be considered in the evaluation process. In all cases, the University will assess the value of each proposal as submitted.

The following adjectival ratings will be used to rate the performance features and supplier attributes:

● Excellent: Proposal demonstrates excellent understanding and satisfaction of the University’s requirements. Its approach significantly exceeds the desired performance features and supplier attributes and is highly beneficial to the University. There are no evaluated weaknesses.

● Good: Proposal demonstrates good understanding and satisfaction of the University’s requirements.

Its approach exceeds the desired performance features and supplier attributes and is beneficial to the University. There are no significant evaluated weaknesses.

● Acceptable: Proposal demonstrates an adequate understanding and satisfaction of the University’s requirements. Its approach satisfies most desired performance features and supplier attributes and is beneficial to the University. There may be minor, but correctable evaluated weaknesses.

● Unacceptable: Proposal fails to demonstrate an adequate understanding of the University’s requirements or its approach fails to meet desired performance features or supplier attributes that are beneficial to the University. There are unacceptable weaknesses that can only be met with major changes to the proposed approach.

Factor 1 – Ability to Meet Technical Requirements

The Offeror shall indicate if their proposal is compliant with the Statement of Work (AL-1791-1369), ALS Lead Panel Drawings (AL-1790-6401), and Lead Panel Specifications (AL-1790-6402). If the Offeror is providing any alternates, detail shall be submitted to clearly state the alternates.

The Offeror’s proposal shall also include:

a. The intended manufacturing methods and sourcing plans for key components and long lead items;

b. If alternates are proposed, clearly state the requirements in the LBNL technical documents, the proposed alternates, and the reason for proposing the alternates; and

c. Indicate any known risks to performing the work scope and identify plans to mitigate such risks.

Factor 2 – Delivery and Schedule

The Offeror shall submit a schedule and a unit delivery schedule that address all requirements contained in the Statement of Work (AL-1791-1369) and all documents incorporated into the Sample Subcontract that form a part of this RFP.

a. The Offeror shall list the timeline for delivery of pre-fabrication documents, including; Quality

Assurance (QA)/Testing plan submittals, drawing submittals, and drawing reviews that meet the University’s project schedule requirements. The timeline shall also indicate how many separate submittals will be for each type of document.

b. The Offeror shall provide a schedule for delivery of the Lead Shielding Panels, including lead times of different components and materials, high-level production sequences of key components and offered delivery times. The schedules shall identify the expected critical timeline to the first production batch deliveries and expected flexibilities on non-critical activities.

The Offeror may submit an additional alternate schedule and delivery rate that will meet or beat the project schedule requirements to determine if it would result in a better value to the University.

Factor 3 – Manufacturing Capabilities and Capacity (Including Lower-Tier Subcontractors) The Offeror’s proposal shall:

a. Indicate which manufacturing, inspection, and testing activities are intended to be performed in-house vs by lower-tier subcontractors;

b. Present equipment and production spaces intended for manufacturing and assembling of components.

Including, rolling, welding, and painting;

c. Identify any fabrication subcontractors that will be used during production and what efforts they would be responsible for;

d. Identify where all required tests and inspections are performed and identify equipment or facilities required to perform all tests and inspections. Identify corporate policy on calibration of all equipment used for testing and inspection.

e. Identify interim storage spaces and detail shipping methods intended for the final products.

Factor 4 – Past Performance Producing Similar Products To address the requirements of Factor 4, the Offeror shall:

a. Present up to 3 similar/comparable products or production series successfully delivered, along with performance to the schedule within the last 3 years. Included in the description of these contracts shall be the client/customer technical and business contact information (name, title, telephone number, and/or e-mail address).

b. For these referenced contracts, the Offeror shall also describe unexpected setbacks or problems encountered in the identified contracts and any corrective actions that were taken.

c. Documentation (e.g., technical specifications, factory acceptance test reports, drawings, baseline documents, etc.) demonstrating its ability to meet similar technical requirements and the schedule.

Factor 5 – Quality Assurance (QA) To address the requirements of Factor 5, the Offeror shall:

a. Provide a completed Advanced Light Source -Upgrade (ALS-U) QA survey (AL-1208-0209),

1. Including, per sections 4 and 5, lists of QA registrations, certifications, etc.

2. Including, per section 5, if available, an attached copy of their Quality Management

System (QMS) or QA Program Manual that demonstrates how QA is incorporated into its policies, processes, and work activities.

3. Including any supporting documents corresponding to the section 6 and 7 requested information.

b. Provide example of a standard non-conformance report and the change approval process;

c. Provide example of a material and assembly shop traveler;

d. Indicate whether the project manager will handle quality monitoring or if a separate individual is responsible for managing data and feedback; and

e. Specify how calibration certificates are tracked, stored, and monitored.

The QMS or QA Program may be a standalone document or QA Standard Operating Procedures (SOP) that collectively describe the QMS or QA Program. QA program requirements will be flowed down to lower-tier Offerors and subcontractors. The basis for the Offeror’s QMS or QA Program shall be American Society of Mechanical Engineers (ASME) Nuclear Quality Assurance (NQA-1), International Standards Organization (ISO) 9001, or other QMS/QA industry standard. The Offeror shall provide any applicable third-party accreditation(s) of their QMS or QA Program for the requested item(s)/service(s) (e.g., ISO, International Electrotechnical Commission (IEC), National Voluntary Laboratory Accreditation Program (NVLAP), DOE Laboratory Accreditation Program (DOELAP), Automotive Service Excellence (ASE), Accredited Quality Contractor (AQC), National Environmental Balancing Bureau (NEBB) Firm Accreditation, Testing, Adjusting and Balancing Bureau (TABB).

Evaluation: The QMS or QA Program will be evaluated on its ability to meet the requirements stated within the Quality Assurance Criteria as stated above.

2.4.3 Business Volume

2.4.3.1 Enclosures

The Offeror shall complete the following enclosure(s) and submit them with the business volume:

Completed RFP JS-2025-003 Rep Cert Form Attachment A – ALS Lead Shielding Panel Pricing & Delivery Matrix (Proposal

Pricing). Should Offerors desire payment milestones, they shall be proposed on a separate page.

The following enclosures are provided for informational purposes and do not need to be returned with the proposal:

Sample Subcontract and its Incorporated Documents including General Provisions for Commercial Supplies and Services dated 1/31/2025

Notice: The design/documentation package and all associated documents, drawings, and records are owned by the DOE. Use of the provided documents for any purpose outside of (1) responding to this solicitation or (2) a LBNL subcontract is strictly prohibited. No document may be distributed to others or otherwise reproduced or used without written permission from the LBNL University Procurement Representative.

2.4.3.2 Non-Technical Factors

The following non-technical factors will also be evaluated as a part of the negotiation and award process.

2.4.3.2.1 Offeror’s Acceptance of Terms and Conditions

Offeror’s Acceptance of the terms, conditions, general provisions, and other incorporated documents of the Sample Subcontract.

The Offeror shall accept the terms, conditions, general provisions, and other incorporated documents of the Sample Subcontract, including the requirement to include clauses in its lower-tier subcontracts at any tier, to the extent applicable. The terms and conditions of the Sample Subcontract have been approved by the DOE, and it is not the University’s intent to make material changes. While an Offeror may identify “exceptions” to the Sample Subcontract, such exceptions may reflect unfavorably upon the Offeror’s proposal. Exceptions make it difficult to compare competing offers, and the process of resolving exceptions may be time-consuming and result in unacceptable delays in the award of a Subcontract.

The Offeror shall include in its proposal a statement that the Offeror takes no exceptions to the terms, conditions, general provisions, or the incorporated documents of the Sample Subcontract. Should the Offeror wish to take an exception, the Offeror shall include in its request for consideration of exceptions a redlined version of the Sample Subcontract with all proposed revisions indicated by tracked changes, or a separate sheet with all proposed revisions indicated by tracked changes, referencing the article or clause to which the proposed revision applies. The Offeror shall also include in its request for consideration of any exception, a business case for that exception, providing a justification for the requested change and an analysis of any increased risk to the University.

The University will attempt to resolve exceptions in a timely manner through an iterative process and with review, concurrence, and/or approval of both the University and DOE. However, Offerors are advised that when exceptions cannot be resolved and agreement cannot be reached on terms and conditions, award will not be made to otherwise successful Offerors.

2.4.3.2.2 Price Proposal

Price, while being an important factor, is not in and of itself the determining factor in the selection of the successful Offeror for award of the Subcontract contemplated by this solicitation. Price is not weighted;

rather, each Offeror’s price will be evaluated for realism, reasonableness, and completeness of the proposed Subcontract price. The price proposal shall include a total firm fixed price and a completed Attachment A, ALS Lead Shielding Panel Pricing & Delivery Matrix (Proposal Pricing).

3. SOLICITATION PROVISIONS

3.1 Restriction on Disclosure and Use of Proposal Data

The University will safeguard any commercial or financial data or information contained in proposals when marked in accordance with paragraph (e) of Federal Acquisition Regulation clause 52.215-1. Such data or information includes (i) trade secrets or (ii) commercial or financial information that is privileged or considered business confidential, either of which is developed at private expense.

The University will endeavor to properly maintain such data and information to the same degree as its own data and information and not disclose such data or information to individuals other than those working for the University or the Government on this procurement. These individuals will be bound by an obligation of confidentiality to use such data or information solely for the purpose of evaluation of the proposal. Proposals received will be retained and disposed of in accordance with requirements in the University’s Prime Contract with DOE.

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

3.2 Export Control Classification Information

Before Subcontract award, the Offeror will provide export control classification information for all items as required by the Representations and Certifications. Items may not be accepted without the export control information required by this Request for Proposal.

If any of the ordered items (including data, software, or services) are export controlled under the International Traffic in Arms Regulations (22 CFR Sections 120-130, aka "ITAR"); the Export Administration Regulations (15 CFR Sections 730-774, aka "EAR"); the Nuclear Related Regulations (10 CFR 110 and 10 CFR 810); the Foreign Assets Control Regulations (31 CFR section 500-599, aka "OFAC"); or if sourced internationally, i.e., controlled under a country's equivalent dual use or military strategic goods list, then the Subcontractor agrees to provide the Procurement Representative with written notification of this export controlled status prior to shipment or transfer to the University. The notification shall specifically identify the export-controlled item(s) and its export classification. The University reserves the right to cancel or modify any part of the Subcontract that includes export-controlled items, data, software, or services prior to accepting delivery. Subcontractor shall indemnify the University and the Government for all export enforcement mitigation cost, fines, or penalties incurred by the University, specifically arising from Subcontractor's failure to comply with this notification provision and the University's reliance on the Subcontractor's representation as provided.

3.3 Buy American Act Requirements - Supplies

The General Provisions of the Sample Subcontract include FAR Clause 52.225-1, Buy American Act - Supplies, which requires that only domestic end products be delivered (i.e., products manufactured in the United States or unmanufactured products mined or produced in the United States), unless a specific exception applies. The Offeror is to indicate in the Representations & Certifications form, to be submitted with the proposal, whether it proposes to furnish any foreign end products.

The University may apply an exception to the Buy American Act for a proposed foreign end product if:

1. Its price, including any customs duty, is more than 20% less than the price for a comparable domestic end product available from a large business concern, or more than 30% less than the price for a comparable domestic end product available from a small business concern; or

2. A domestic end product satisfying the University’s requirements is not reasonably available.

If the Offeror proposes to furnish any foreign end product, the proposal shall also include information and data supporting its use as an exception to the Buy American Act. Refer to FAR Clause 52.225-1 for the definition of end product, domestic end product, and foreign end product.

3.4 Hazardous Material Identification and Safety Data

The Offeror shall include in its proposal a list of any hazardous material to be delivered or used on-site under the Subcontract. Hazardous material, as used herein, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the Subcontract). The list shall be similar to the sample list below. The hazardous material shall be properly identified and include any applicable identification numbers, such as National Stock Number or Special Item Number. This information shall also be included on the Safety Data Sheets (SDS).

SAMPLE LIST

Hazardous Material (If none, insert None)

Identification No.

The selected Offeror shall make available to the University, upon request, SDS meeting the requirements of 29 CFR 1910.1200 and the latest version of Federal Standard No. 313, for all hazardous material identified in the list provided pursuant to this instruction. Failure to have SDS that meet these requirements may result in the selected Offeror being considered nonresponsive and ineligible for award.

The selected Offeror, by acceptance of the resulting Subcontract, certifies that the list provided pursuant to this instruction is complete. This list shall be updated prior to award or during performance of the Subcontract whenever any other hazardous material is to be delivered under the Subcontract. After award, the selected Offeror will be required to comply with FAR Clause 52.223-3, Hazardous Material Identification and Material Safety Data, including its Alternate I.

3.5 Notice of Sherman Antitrust Act – Federal Antitrust Enforcement This solicitation is subject to the Sherman Antitrust Act which prohibits agreements among competitors to fix prices, rig bids, or engage in other anticompetitive activity. Criminal prosecution of Sherman Act violations is the responsibility of the Antitrust Division of the United States Department of Justice.

Violation of the Sherman Act is a felony punishable by up to 10 years imprisonment and a $1 million fine for individuals and a fine of up to $100 million for corporations. In addition, collusion among competitors may also involve violations of the mail or wire fraud statute, the false statements statute, or other federal felony statutes, all of which the Antitrust Division prosecutes.

In addition to receiving a criminal sentence, a corporation or individual convicted of a Sherman Act violation may be ordered to make restitution to the victims for all overcharges. Victims of bid-rigging and price-fixing conspiracies also may seek civil recovery of up to three times the amount of damages suffered.

(END OF RFP DOCUMENT)