1.0 RFP Instructions to Offerors.pdf

FATE

REQUEST FOR PROPOSAL (RFP)

Site 38 Barn Rework

April 8, 2024

The following requirements must be adhered to for the Offeror’s submission of Proposals to Fermi Research Alliance (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), in accordance with the provisions contained herein and the terms and conditions of the proposed firm fixed price subcontract as a result of this solicitation.

All questions concerning this RFP should be submitted in writing and directed to the Procurement Specialist listed below. Any communication about this project with any other person will be viewed as an undermining of the source selection process, and the Offeror may be disqualified on that basis.

Procurement Specialist: Ryan O’Sullivan Phone: (630)840-2402 Email: ryanosul@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 236220,Commercial and Institutional Building Construction. 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 are scheduled for 10:00 AM Central Time, April 15, 2024, at Wilson Hall West Lobby Entrance. 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 those already having a badge or being chaperoned, anyone attending the Pre-Proposal Meeting and Site Visit is required to fill out an Access Request form (see link below) at least seven (7) days in advance of the scheduled date 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 Special Pre- Proposal Meeting/Site Visit 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, the appropriate REAL ID documents (https://www.tsa.gov/travel/security-screening/identification) are required.

If the Covid 19 Community Level is classified as “High,” masks will be required to be worn. In these cases, KN-95 or N-95 masks are recommended. Unfiltered cloth masks are not permitted to be worn alone but can be worn over a Level 2 medical mask (double mask). For Covid 19-Commuity Levels, please click on the link, https://eshq.fnal.gov/covid-19-community-levels/

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.

• No possession or illegal use of controlled substances or intoxicants or being under their influence are allowable.

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

https://fermi.servicenowservices.com/expert_shell.do?sysparm_sys_id=63f9f6a8dbd148104e65ff621f961975 https://fermi.servicenowservices.com/expert_shell.do?sysparm_sys_id=63f9f6a8dbd148104e65ff621f961975 https://fermi.servicenowservices.com/expert_shell.do?sysparm_sys_id=63f9f6a8dbd148104e65ff621f961975 https://fermi.servicenowservices.com/expert_shell.do?sysparm_sys_id=63f9f6a8dbd148104e65ff621f961975 https://www.tsa.gov/travel/security-screening/identification https://www.tsa.gov/travel/security-screening/identification https://eshq.fnal.gov/covid-19-community-levels/ https://eshq.fnal.gov/covid-19-community-levels/

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 close of business (5:00 P.M. CST), April 22, 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 it 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 as follows:

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

• Return of the Amendment with a signature on the acknowledgment signature line.

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

6. SCOPE OF WORK

The Subcontractor shall perform all work as described in the Scope of Work entitled “Exhibit C1 & C2 SOW Site 38 Barn Rework” dated Nov 2, 2023. All work shall include transportation, overhead, bonding costs, insurance, safety oversight, quality control oversight, and supervision as required to construct the project described in the scope of work, and the detailed description contained herein.

7. PREPARATION, SUBMISSION, AND EVALUATION OF PROPOSALS

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.

Proposal Submission Format

A. Part I - Technical Proposal/Evaluation Criteria

Offerors shall address the following technical criteria.

1. Safety Plans and Documentation (35 pts) a FRA Subcontractor Safety Questionnaire (e.g., if all 3-yrs of EMR < 1.0 = 5 pts, if one year of EMR > 1.0 = 2 pts, if more than 2 or more years of EMR >

1.0 = 0 pts; explanations of circumstances could result in more/less points)

2. Project Management (30 pts) a Qualifications of key personnel [insert list, such as Project Manager, Site Superintendent, Safety Representative, Crafts, Technicians] show demonstrated experience on similar type projects / work efforts. 15 pts b Demonstrated relevant experience of the Proposed Team members. 5 pts c Demonstrated successful completion of at least 3 projects of similar scope and size. 10 pts

3. Demonstrated Experience (25 pts) a Demonstrated relevant experience and technical competence of company's abilities in completing projects similar to the size and scope of intended work 15 pts.

b Years of experience in the business, with proven track record in minimizing disruptions, handling unexpected situations, and navigating complex issues. 10 pts.

4. Acceptability of Technical Clarifications and Assumptions (10 pts) a Technical clarifications and assumptions are appropriate and reasonable.

10 pts.

B. Part II - Business Management & Price Proposal

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

1) Proposal Form

The proposed pricing shall be a firm fixed price for the work. This 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 bid 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 individual Representations and Certifications Forms.

4) Proposal Certifications, Form PUR-466

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

5) Safety Documents

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

• Fermilab Subcontractor Injury & Illness Data Questionnaire (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.

• Corporate Safety and Health Plan.

8. PROPOSAL DUE DATE

The offeror’s proposal is to be emailed to the Procurement Specialist (ryanosul@fnal.gov) no later than 4:00 PM CST on May 3rd, 2024. Partial or incomplete proposals will not be considered.

FRA requires a minimum acceptance of ninety (90) calendar days for acceptance of your proposal. 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 evaluation(s). 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 your proposal as unacceptable.

10. LATE SUBMISSION

Proposals received by FRA after the Submittal Date and Time indicated WILL 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 award. Withdrawals are effective upon receipt of notice by the Procurement Specialist.

12. WAGE DETERMINATION

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 (Revised April 2009) 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.

13. BID GUARANTEE

The offeror shall provide a bid guarantee in the amount of not less than 20 percent (not to exceed $3 million) of the bid 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 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. FRA will return bid guarantees, other than bonds, (1) to unsuccessful Offerors as soon as practicable after the receipt of offers, and (2) to the successful Offeror upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required.

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(s) 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 is available to offset the difference.

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 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 in a form and with sureties satisfactory to FRA.

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 and in a form and with sureties satisfactory to FRA.

18. INSURANCE

Certificates of insurance of the types and in the amounts in accordance the 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;

and hence, your 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 vendor must ensure that any subcontractors abide by all terms and conditions of the contract.

21. AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

Attention is directed to that 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 – 010010 General Requirements Site 38 Barn Rework B – 013100 ESH Requirements Site 38 Barn Rework C1/C2 – SOW Site 38 Barn Rework and Drawings D- FRA General Terms and Conditions for Construction (5/2023) E – Construction Insurance Requirements F – Fermi Subcontractor Injury Illness Data Questionnaire I A – FL-41 Bid Bond I-B – Proposal Form II-A – SARC Subcontractor Annual Reps and Certs II-B – PUR-466 Proposal Certifications