1) RFP-MG-081622.docx

University of California, Managing and Operating Lawrence Berkeley National Laboratory Request for Proposal No. MG-081722

REQUEST FOR PROPOSAL (RFP) No.: MG-081622

PROPOSAL DUE DATE: 09/19/2022

M1 Flexures for the Advanced Light Source Upgrade (ALS-U) Beamlines

North American Industry Classification System (NAICS) Code: 332999

Procurement Point of Contact: Martha Gamarano Grausz Telephone No: (510) 486-6618 Email: mggrausz@lbl.gov

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory (“University” or “LBNL”) requests a proposal for the manufacture of one prototype and six production, build-to-print, M1 Flexures for the ALS-U Beamlines, in accordance with this RFP, 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 under the University’s Prime Contract.

Timeline of Events

Table 1

1.1 Estimated Term

It is estimated that the Subcontract will be performed over a period of 18 months.

1.2 NAICS Code and Small Business Size Standard

The North American Industry Classification System (NAICS) Code for this acquisition is 332999, All Other Miscellaneous Fabricated Metal Product Manufacturing. The corresponding small business size standard for this acquisition is 750 in number of 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.

2. SOLICITATION RESPONSE REQUIREMENTS AND EVALUATION FOR AWARD

2.1 General

The Offeror must 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. Proposals must be written in English and be clear, coherent, and prepared in sufficient detail for effective evaluation.

Written proposals must be submitted by email to the University Procurement Representative (mggrausz@lbl.gov) no later than 3:00 PM Pacific Time on 09/19/2022.

Additional contact information is referenced below:

Lawrence Berkeley National Laboratory Attention: Martha Gamarano Grausz

RFP MG 081722

Mail Stop 971-PROC One Cyclotron Road Berkeley, CA 94720

PH: 510-486-6618

E-mail address: mggrausz@lbl.gov

All correspondence in conjunction with this solicitation must be directed to the University Procurement Representative. Proposals shall be valid for a period of 120 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 08/31/2022. 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 University intends to select for award the responsive and responsible Offeror(s) whose proposal demonstrates that the Offeror(s) can satisfy the minimum technical requirements specified later in this RFP (if any minimum requirements are specified) and contain(s) the combination of price, performance features, and supplier attributes (described later in this RFP) offering the best overall value to the University.

A 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 will be considered non-responsive and will be excluded from further consideration. 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 the 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 Minimum Requirements, Desired Performance Features, Supplier Attributes and Non-Technical Factors

Once the University has determined offers are complete in the initial review, they will be evaluated to confirm that minimum requirements of the solicitation stated in Section 2.4.2.1 have been met.

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

The University’s expectations for these evaluation factors are stated in Section 2.4.2.2. The University reserves the right to award to other than the lowest price offeror(s). Offerors should 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 and (if applicable) import duties and tariffs.

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 must 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. 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 should consist of a cover letter, a technical volume, and a business volume. Offerors should submit these as separate documents. All proposals must be submitted in the following formats: MS Word, MS Excel, PDF, or an alternate format approved by the University Procurement Representative.

Proposals must 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.

Minimum Requirements

Technical Volume

Factor 1 - Ability to meet Technical Specifications

Factor 2 - Delivery & Schedule

Factor 3 - Manufacturing Capabilities/Fabrication Plan

Factor 4 - Past Performance

Factor 5 - Quality Assurance

Desired Features and Attributes

Factor 1 - Environmentally Preferable Products and/or Services

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

Financial Resources

Price Proposal

2.4.1 Cover Letter

The cover letter must 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 should 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 Minimum Requirements

The technical volume must demonstrate that the following minimum requirements are met or exceeded. The possible ratings for the minimum requirement(s) are Pass (meets or exceeds minimum requirements) or Fail (does not meet minimum requirements). Failure to meet any single minimum requirement will disqualify a proposal from consideration.

· Factor 1 – Ability to meet Technical Specifications

The Offeror must identify, describe, and discuss the technical requirements set out in the technical specifications in the Statement of Work, (SOW) M1 Flexure for ALS-U Beamlines AL-1567-0364 Rev. A, AL-1567-0364 Rev. A, drawing AL-1418-3364 Rev. B, M1 Pitch/Roll Flexure – Middle Flange Mounting, AL-1517-8832 Rev A.

The Offeror must demonstrate the following in its proposal:

· The ability to manufacture precision mechanics for optics at micron scale with examples of work showing experience with a wide variety of machining techniques with an emphasis on Electrical Discharge Machining (EDM). Expertise in surface treatments such as chemical etching is a plus.

· A redlined flexure drawing, AL-1418-3364 Rev. B, specifying dimensions and tolerances that represent a significant challenge or cannot be met. Replace each redlined dimension with an achievable value. Provide a bulleted list explaining each redline and offering potential mitigation strategies where applicable.

· Examples of work showing expertise in precision metrology functions. Identify the facilities and measurement equipment to be used for metrology. Include the published accuracy and approximate age of the equipment.

· A description of Residual Gas Analyzer (RGA) equipment with calibration certifications where applicable and examples of past RGA reports.

· Factor 2 - Delivery & Schedule

The Offeror must demonstrate its ability to adhere to the schedule contained in SOW: M1 Flexure for ALS-U Beamlines, AL-1567-0364 Rev A, Table 4.1. If the offeror submits an alternate schedule and delivery rate, it will be evaluated to determine if the proposed timeline would result in increased value to the University. Acceptance of an alternate schedule will be at the sole discretion of the University.

Offeror’s proposal must include the following:

· Confirmation that the proposed schedule can be achieved or an alternate delivery schedule

· Examples of project management experience to support on-time deliveries

· Factor 3 - Manufacturing Capabilities/Fabrication Plan

The Offeror must demonstrate in-house manufacturing capabilities to produce the Flexures as described in the SOW and enclosures. It must submit documentation that illustrates its processes with a detailed focus on machining operations that includes the required fabrication elements detailed below:

· Description of the technologies, equipment, and processes to be employed in the production of the flexure including an outline of the metrology strategy

· Measurements or verifications identifications that would require additional equipment or third-party vendors.

· Description of the Subcontractor’s UHV facilities and cleanliness protocols to be utilized in the flexure production process including packaging for shipment listing any certifications held.

· For manufacturing, metrology, or UHV cleaning processes conducted by a third-party vendor list third-party vendor’s name and contact information and provide a brief synopsis of past experience working with these third-party vendors including examples of past work that illustrate competency in the stated area of expertise.

· Factor 4 - Past Performance

The Offeror must submit documentation for a minimum of 3 similar subcontracts completed within the last 5 years.

The offeror must provide:

· The customer technical and business contact information.

· Documentation (e.g., technical specifications, factory acceptance test reports, etc.) demonstrating its ability to meet similar technical requirements.

· The initial schedule, and if applicable, information about delays and problems encountered, and corrective actions.

· Factor 5 - Quality Assurance

The Offeror must provide a copy of their Quality Management System (QMS) or Quality Assurance (QA) Program Manual that demonstrates how Quality Assurance is incorporated into its policies, processes, and work activities. 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 required of lower-tier offerors and subcontractors. The basis for the offeror’s QMS or QA Program should 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 should 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).

The Offeror shall also complete and return the ALS-U Supplier Quality Evaluation Survey AL-1208-0209 for the University to assess their capabilities.

Finally, the offeror must submit documentation to demonstrate that their QA systems will meet the requirements of this RFP including but not limited to:

· Indication of all current certifications for production standards such as ISO programs

· A quality manual or quality plan that outlines the processes that will be utilized to ensure ALS-U QC standards are satisfied

2.4.2.2 Desired Performance Features and Supplier Attributes

The technical volume should 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 criteria for the subjective evaluation of proposals. The criteria are listed in the relative order of importance to the University. The Offeror should 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.

· Factor 1 – Environmentally Preferable Products and/or Services The proposed items should utilize environmentally preferable products and/or services to the maximum practicable extent.

The Offeror must include in its proposal information on the extent to which it will furnish or utilize environmentally preferable products and/or services, including EPA-designated items, energy efficient energy-consuming items, biobased items, etc. See the article in the Sample Subcontract entitled “Environmentally Preferable Products and Services”.

2.4.2.3 Evaluation of Performance Features and Supplier Attributes

The following adjectival ratings will be used to rate the evaluation factors:

· 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.

2.4.3 Business Volume

2.4.3.1 Enclosures

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

· Representations & Certifications

· Proposal Pricing Attachment A

· AL-1208-0209 Supplier Quality Survey

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

· Sample Subcontract and its Incorporated Documents

· General Provisions for Non-Commercial Supplies & Services dated 9/12/16.

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 should 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 should 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. The Offeror should 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 must 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.

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 must include a total firm fixed price and a completed Price Proposal. The Offeror’s price will be evaluated based on the completeness and reasonableness of the information.

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 from disclosure, when marked in accordance with paragraph (e) of Federal Acquisition Regulation clause 52.215-1, from dissemination outside the University or the Government. 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 should 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 must 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 System for Award Management (SAM)

The selected Offeror will be required to be registered in the federal government’s SAM database within 30 days of Subcontract award. This requirement will not apply if the work supports emergency operations or the Subcontract is with an individual for work performed outside the U.S. and its outlying areas. Refer to the System for Award Management (FAR Clause 52.204-7) and System for Award Management Maintenance (FAR clause 52.204-13) clauses for additional information.

3.4 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 should 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.

(END OF RFP DOCUMENT)

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