1.0 Request for Proposal_ISD_363232_DA.pdf

REQUEST FOR PROPOSAL (RFP) ISD_363232_DA

Fire House Generator and ATS Replacement

November 26, 2024

Table of Contents

1. INVITATION TO SUBMIT PROPOSAL

2. SMALL BUSINESS SET-ASIDE & NORTH AMERICAN INDUSTRY CLASSIFICATION

SYSTEM (NAICS) CODE

3. PRE-PROPOSAL MEETING/SITE VISIT

4. EXPLANATION OR INTERPRETATION OF RFP DOCUMENTS

5. AMENDMENT OF SOLICITATION

6. DESCRIPTION OF WORK AND CONSTRUCTION SCHEDULE

7. PREPARATION, SUBMISSION, AND EVALUATION OF PROPOSALS

8. PROPOSAL DUE DATE

9. EXCEPTIONS AND DEVIATIONS

10. LATE SUBMISSION

11. OFFEROR'S MODIFICATION AND WITHDRAWAL OF PROPOSALS

12. BID GUARANTEE/BOND

13. DAVIS-BACON ACT, CONSTRUCTION WAGES, AND CERTIFIED PAYROLL

14. ILLINOIS OCCUPATION AND USE TAXES

15. NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS

16. PAYMENT BOND

17. PERFORMANCE BOND

18. INSURANCE

19. SUBCONTRACT AWARD

20. SUBCONTRACTING

21. AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

EXHIBITS

The following requirements must be adhered to for the Offeror’s submission of Proposals to Fermi Research Alliance, LLC (FRA) in support of this specific requirement.

1. INVITATION TO SUBMIT PROPOSAL

You are invited to submit a proposal for the items specified in this Request for Proposal (RFP), by the provisions contained herein, and the terms and conditions of the proposed firm fixed price subcontract entered into as a result of this solicitation.

All questions concerning this RFP should be submitted in writing and directed to the Procurement Specialist listed below.

Procurement Specialist: Danielle Amico Phone: 630-840-3207 Email: damico@fnal.gov

Fermi Research Alliance, LLC Procurement Department Kirk Road & Wilson Street Batavia, IL 60510-0500

2. SMALL BUSINESS SET-ASIDE & NORTH AMERICAN INDUSTRY CLASSIFICATION

SYSTEM (NAICS) CODE

This is a small business set-aside. The North American Industry Classification System (NAICS) code for this solicitation is 238210, Electrical Contractors and Other Wiring Installation Contractors. The small business size standard for this NAICS code is $19.0 Million.

3. PRE-PROPOSAL MEETING/SITE VISIT

A Pre-Proposal Meeting and Site Visit is scheduled for Wednesday, December 11, 2024 at 9:00am CT at Aspen East for badging (See Map). The meeting provides an opportunity to discuss and clarify the RFP. However, nothing said or represented in the meeting shall be deemed to modify RFP requirements unless followed by a written amendment. Offerors are requested to submit questions relative to the RFP in advance of the meeting so the Procurement Specialist may prepare responses. Offerors’ participation at this meeting is strongly recommended.

Except for those already having a Fermilab Access badge, anyone attending the Pre-Proposal Meeting and Site Visit must fill out an Access Request form (see link below) no later than Wednesday, December 4, 2024 and preferably be a U.S. Citizen. Onsite access approvals are dependent on citizenship status and the location(s) being visited. In addition, please review the Business Visitor Registration Instruction Instructions and Directions provided as part of the RFP.

https://fermi.servicenowservices.com/expert_shell.do?sysparm_sys_id=63f9f6a8dbd148104e65ff621f 961975.

Upon request approval, the individual will receive an informal invitation letter with a QR code, which is required to be presented at the security gate. Otherwise, access to Fermilab will be denied.

When checking in at the Security Gate House, the individual will be required to present a Valid Driver’s License (Real ID) and the informal invitation letter with the QR code, and the Visitor and Business Visitor Attestation Form. If the Driver’s License is not Real ID compliant, one of the appropriate REAL mailto:damico@fnal.gov https://fermi.servicenowservices.com/expert_shell.do?sysparm_sys_id=63f9f6a8dbd148104e65ff621f961975 https://fermi.servicenowservices.com/expert_shell.do?sysparm_sys_id=63f9f6a8dbd148104e65ff621f961975

ID documents (https://www.tsa.gov/travel/security-screening/identification) is required.

Masks are required to be worn when the Community Covid Level of “high” exists. Individuals are then required to wear a KN-95 or N-95 mask. Unfiltered cloth masks are not permitted to be worn alone but can be worn over a Level 2 medical mask (double mask).

Please note that when entering Fermilab:

• No weapons, firearms, or ammunition (regardless of concealed and carry permit) are allowed on-site.

• No explosives or any other apparatus or material hazardous to the public or property are allowed on-site.

• Illinois Rules of the Road are to be followed while driving on Fermilab’s premises.

4. EXPLANATION OR INTERPRETATION OF RFP DOCUMENTS

The prospective offeror should examine and review the solicitation with care. Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing by 3:00 P.M. CT, Tuesday, December 17, 2024. Oral explanations or instructions given before the award of a subcontract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation if that information is necessary for submitting proposals or if the lack of the information would be prejudicial to other prospective offerors.

5. AMENDMENT OF SOLICITATION

FRA may, by amendment, modify any provision or part of this RFP at any time before the award of any resultant subcontract. All terms and conditions that are not modified remain unchanged.

An Offeror shall acknowledge receipt of any amendments to this RFP. Failure to acknowledge may result in the disqualification of an Offeror’s proposal. The acknowledgment shall be provided in one of the following ways:

• Immediately upon receipt of the amendment via email to the FRA Procurement Specialist or

• Return the Amendment with a signature on the acknowledgment signature line or

• In the Offeror’s Proposal Letter that accompanies an Offeror’s proposal.

6. DESCRIPTION OF WORK AND CONSTRUCTION SCHEDULE

The Subcontractor shall furnish all labor, materials, transportation, overhead, insurance, bonding costs, safety oversight, quality control oversight, supervision, and equipment necessary to complete the replacement of the generator and ATS at the Fire House.

This project includes the following activities:

Activity 0 – 0 Calendar Days – Notice to Proceed (NTP). This activity marks the point where mobilization and construction work can begin.

Activity 1 – 60 Calendar Days – Project complete. This Project Complete marks the completion of the project including punch list items, clean-up and acceptance of as-built drawings and if required, submittals.

7. PREPARATION, SUBMISSION, AND EVALUATION OF PROPOSALS

https://www.tsa.gov/travel/security-screening/identification

This solicitation is a competitive Lowest Price Technically Acceptable (LPTA) procurement, which involves the selection of the offeror having a technically acceptable proposal with the lowest evaluated price.

The proposal shall be submitted in two (2) parts: Part I - Technical Proposal and Part II – Business/Management Proposal. In no instance shall Part I and Part II be bound together or presented in such manner as to make them not severable. The Technical Proposal shall not contain any reference to cost other than the information required in the project experience section.

A. Part I - Technical Proposal/Evaluation Criteria

Offerors shall respond to the following technical criteria:

1) Offeror shall provide information that clearly demonstrates how each requirement (sub-criterion below) will be met and/or has the following capabilities:

A) Having at least five (5) years of Electrical experience in industrial facilities.

B) Having at least five (5) years of Natural Gas Pipe Fitting experience.

C) Having at least five (5) years of Excavating/Paving experience.

D) Having at least five (5) years of Generator Installation/Commissioning experience.

2) Current/Past Experience

Offeror shall provide information to facilitate FRA’s consideration of its corporate experience.

FRA is most interested in examples of real work with actual results of the offeror in performing requirements similar to those of this solicitation in terms of size, scope, and complexity. Thus, offeror shall provide at least three (3) project experiences completed within the past ten (10) years that are of similar type, size, scope, and complexity as described in the solicitation documents.

3) Personnel Experience

Key Personnel Experience will be evaluated to determine the degree of and relevance of experience the Key Personnel possess related to the subject requirements. Evaluation of experience will factor in the length and degree of experience in the relevant technical areas.

Please note that, as a condition of contract award and performance, should the contractor wish to substitute proposed Key Personnel in their proposal (or during performance, if after award), the replacement staff must possess education and/or experience equivalent to or exceeding that of the individual(s) being replaced, subject to the approval of the FRA, prior to performance.

Key Personnel must have, as a minimum, the following experience:

A) Project Manager: Five (5) years of construction industry experience, completed three

(3) projects of similar size/scope, and completed the 30-hour OSHA Training Course.

B) Project Superintendent: Five (5) years of construction industry experience, completed five (5) projects of similar size/scope, and completed the 30-hour OSHA Training Course.

C) Safety Coordinator (or company safety officer): Five (5) years of industry experience, with five (5) projects that encompass a similar scope.

D) Pipe Fitting Foreman: Five (5) years of industry experience, with five (5) projects that encompass a similar scope, 30 hour OSHA Training Course, NFPA Training Course

E) Excavation Foreman: Five (5) years of industry experience, with five (5) projects that encompass a similar scope, 30 hour OSHA Training Course, NFPA Training Course

F) Electrical Foreman: Five (5) years of industry experience, with five (5) projects that encompass a similar scope, 30-hour OSHA Training Course, NFPA 70E Training Course

G) Generator Technician: Five (5) years of industry experience, with five (5) projects that encompass a similar scope, NFPA 70E Training Course

B. Part II - Business Management & Price Proposal

The Business Management proposal shall contain the following documents/items:

1) Price Proposal Form

The proposed pricing shall be a firm fixed price for the work. The Price Proposal Form is required to be completed and signed.

2) Bid Guarantee/Bond

The offeror shall provide a bid guarantee in the amount of not less than 20 percent (not to exceed $3 million) of the proposal price. Failure to furnish a bid guarantee in the proper form and amount, by the time set for the due date of the offers, may be cause for rejection of the offer. The bid guarantee shall be in the form of a firm commitment, such as a bond, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds, or notes of the United States.

3) Subcontractor Annual Representations & Certifications (SARC), Form SARC

The successful Offeror’s submittal of this completed form will be incorporated in the resultant subcontract. If an offering entity is a joint venture, association, consortia, or partnership, each member entity must submit an individual Representations and Certifications Form.

4) Proposal Certifications, Form PUR-466

All appropriate sections are required to be completed and signed by a company official.

5) Safety and Quality Documents

The following documents are required to be submitted with the proposal:

• Fermilab Subcontractor Injury & Illness Data Questionnaire (completed and signed).

• Construction Environmental, Safety & Health Certification (CESHC), which can be found in Exhibit C – 013100 on pg. 36-38 of the pdf (completed and signed).

• The National Council on Compensation Insurance (NCCI) Workers Compensation

Experience Rating form for the past three years.

• Occupational and Safety Health Administration (OSHA) 300 A Form logs for the past three years.

• Corporate Safety and Health Plan (if your company’s plan has not already been accepted by FRA).

• Sample Certificate of Insurance.

8. PROPOSAL DUE DATE

The offeror’s proposal is to be emailed to the Procurement Specialist no later than 5:00 PM CT on Monday, January 13, 2025. Partial or incomplete proposals will not be considered.

FRA requires a minimum acceptance of ninety (90) calendar days for acceptance of proposals. An offeror allowing less than Fermilab’s minimum acceptance period may be rejected.

FRA reserves the right to cancel this Solicitation at any time without incurring any liability or damages associated with such cancellation.

9. EXCEPTIONS AND DEVIATIONS

Offerors taking exceptions, deviations, or conditional assumptions must identify and explain each exception/deviation, or conditional assumption taken with sufficient amplification and justification to permit evaluations. Such exceptions, deviations, or conditional assumptions will not themselves automatically cause a proposal to be deemed unacceptable to FRA. However, a large number of exceptions or one or more significant exceptions not providing benefit to FRA may result in the rejection of the offeror’s proposal as unacceptable.

10. LATE SUBMISSION

Proposals received by FRA after the Submittal Date and Time indicated may not be considered. The Respondent assumes the risk of the method of dispatch chosen.

11. OFFEROR'S MODIFICATION AND WITHDRAWAL OF PROPOSALS

The offeror may submit modifications to its proposals at any time before the solicitation closing date and time and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

Proposals may be withdrawn at any time before the submission deadline. Withdrawals are effective upon receipt of notice by the Procurement Specialist.

12. BID GUARANTEE/BOND

If the successful Offeror, upon acceptance of its offer by FRA within the period specified for acceptance, fails to execute all contractual documents, or give a bond as required by the solicitation within the time specified, FRA may execute upon the bid guarantee, or terminate for default the subcontract, if the subcontract has been executed.

In the event, that the bid guarantee is exercised, or the subcontract is terminated for default, the Offeror is liable for any cost of acquiring the work that exceeds the amount of its offer and the guarantee may be used to offset the difference.

13. DAVIS-BACON ACT, CONSTRUCTION WAGES, AND CERTIFIED PAYROLL

The awarded Subcontract is subject to the wage and labor standards under the Davis-Bacon Act and the related labor standards FAR provisions that are incorporated by reference into FRA’s General Terms and Conditions for Construction.

The wage rates set forth are the minimum rates that may be paid to the classification of laborers and mechanics designated therein according to the Davis-Bacon Act, as amended (40 U.S.C. 276 et seq.).

FRA does not represent that said minimum rates do now, nor that they will at any time in the future, prevail in the locality of the work for such laborers or mechanics; nor that such laborers or mechanics are or will be obtainable at said rates for work under this subcontract; nor those said rates represent the most recent wage determination by the Secretary of Labor concerning such classifications of laborers or mechanics in the locality of work.

The Subcontractor and its Subcontractors are required to submit certified payrolls and labor compliance documentation weekly as required by Federal law.

FRA currently holds a licensing agreement with LCPTracker for weekly electronic payroll submittals by the Subcontractor and its Subcontractors. LCPTracker is a web-based system, accessed using a web browser. The Subcontractor will be given a Log-on identification (i.e., User ID) and password to access the LCPTracker system. This requirement shall flow down to every lower-tier Subcontractor. The use of this system is free.

14. ILLINOIS OCCUPATION AND USE TAXES

Any resulting contract will be exempt from Illinois Occupation and Use Taxes.

15. NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS

Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Procurement Specialist in time to allow a determination before the submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

Evaluation of offers.

FRA will evaluate an offer requesting an exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, FRA will award to the offeror that did not request an exception based on unreasonable cost.

Alternate offers.

When an offer includes foreign construction material not listed by FRA in this solicitation in paragraph

(b) (2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on the use of equivalent domestic construction material.

If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which FRA has not yet determined an exception applies.

If FRA determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, FRA will evaluate only those offers based on the use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on the use of the foreign construction material for which an exception was requested—

• Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

• May be accepted if revised during negotiations.

16. PAYMENT BOND

If the subcontract exceeds $35,000.00, the successful offeror is required to furnish FRA with a Payment Bond in the amount of 100 percent of the original subcontract price within (10) calendar days after the effective date of the subcontract using Exhibit G, Payment Bond, FL-42 (Rev. 12-12-2022) SF25A (Rev 8/2016).

17. PERFORMANCE BOND

If the subcontract exceeds $150,000.00, the successful offeror is required to furnish FRA with a Performance Bond in the amount of 100 percent of the original subcontract price using Exhibit H, Performance Bond, FL-40 (Rev. 12-12-2022) SF25 (Rev 8/2016).

18. INSURANCE

Certificates of insurance of the types and the amounts in accordance with Clause 15 in FRA General Terms and Conditions and Insurance Requirements for Construction Subcontracts will be required of the successful offeror before physical work at the site commences. All policies, except for Worker’s Compensation and Professional Liability, shall provide by appropriate language that Fermi Research Alliance, LLC, the University of Chicago, Universities Research Association, Inc., and the United States Government are additional insureds. The certificates shall state that waiver of subrogation is granted in favor of the Certificate Holder as required by written contract, that the insurance afforded by such policies is primary insurance, and that all rights of the insurer for contribution from other insurers of Fermi Research Alliance, LLC, University of Chicago, Universities Research Association, and the United States Government are waived.

19. SUBCONTRACT AWARD

Issuance of the RFP does not compel FRA to make an award. FRA reserves the right to accept or reject all proposals if that is determined to be in its best interest. A decision may be made without discussion;

hence, an offeror’s proposal should be submitted initially on the most favorable terms. The proposed award is based on a continuing program requirement and the issuance of obligation authority from the Procurement Department of the Laboratory. Any subsequent award issued by FRA shall be constituted in writing by authorized representatives of the Procurement Department.

No other representatives of FRA are authorized to issue contracts or agreements or bind FRA to any form of agreement or understanding. The authorized Procurement Department official is the only individual who can legally commit FRA to the expenditure of funds in connection with this proposed procurement.

20. SUBCONTRACTING

Unless otherwise specified, the successful Offeror shall be responsible for the performance of any Subcontractors that perform work under this subcontract.

The use of Subcontractors in the performance of the contract is subject to FRA consent. The awarded offeror shall ensure that any Subcontractors abide by all terms and conditions of the subcontract.

21. AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

Attention is directed to the Affirmative Action clause of the FRA Subcontract. Particular attention is directed to the statement therein that this clause shall be physically included in all sub-subcontracts for construction trades at any tier, including the goals for women and minority participation.

EXHIBITS

A. Scope of Work entitled “Statement of Work – Fire Dept Generator Replacement” B. Section 010010 – General Requirements (March 2022) C. Section 013100 – Environment, Safety, and Health Requirements (March 2022) D. Fermi Research Alliance, LLC General Terms and Conditions for Construction, (03/2024).

E. Insurance Requirements for Construction Subcontracts (08/2024).

F. Bid Bond, FL-41 (Rev. 12-12-2022) SF24 (Rev 8/2016).

G. Payment Bond, FL-42 (Rev. 12-12-2022) SF25A (Rev 8/2016).

H. Performance Bond, FL-40 (Rev. 12-12-2022) SF25 (Rev 8/2016).

I. Fermilab Subcontractor Injury & Illness Data Questionnaire (7010-F1-1, Rev 07/2018).

J. Statement and Acknowledgment (Standard Form 1413) (Rev 4/2013).

K. Proposal Certifications, Form PUR-466 Rev. 1 (10/14/2021).

L. Subcontractor Annual Representations & Certifications (SARC), Form SARC (Rev. 3)

(04/08/2022).

M. Davis Bacon Wage Rates, General Decision, IL20240008, Building and Residential, Modification

No. 11, Last Revised Date 10/18/2024.

N. Sample Firm-Fixed-Price Subcontract.

O. Director Safety Letter P. Fire House Generator – Drawing-Markup and Notes Q. Fermilab Site Map – Fire House