21 - RFP Letter - RFP-2023-23040 4-11-2023.pdf

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 1 of 11

National Renewable Energy Laboratory Managed and Operated by the Alliance for Sustainable Energy, LLC

Request for Proposals (RFP) Number RFP-2023-23040

“Maintenance and Repairs for NREL-Owned Photovoltaic Systems”

REQUEST FOR PROPOSALS (RFP)

READ THIS DOCUMENT CAREFULLY

This solicitation is being conducted under the procedures for competitive subcontracts established by the National Renewable Energy Laboratory (NREL). NREL will award a subcontract based on the following:

LOWEST COST, TECHNICALLY ACCEPTABLE SELECTION

All Statement of Work (SOW) requirements being met and with the lowest evaluated cost.

Issue Date: 4/11/2023 Due Date: 5/9/2023 Time Due: 12:00 PM Mountain Time

Technical questions must be received in writing no later than 4/21/2023

Written questions concerning this solicitation document and its requirements will be answered in writing. In response to technical questions, NREL will issue an amendment to this solicitation document that will formally provide all the questions and answers. All recipients of the solicitation document will receive responses to questions.

1. Solicitation Type Lowest Cost Technically Acceptable Selection Labor Hour and Expenses, Subcontract with Option Periods

SUBMIT OFFERS TO AND REQUEST INFORMATION FROM THE NREL RFP CONTACT

BELOW

2. NREL RFP Contact Caitlyn Alter, Subcontract Administrator National Renewable Energy Laboratory 15013 Denver West Parkway, MS: RSF030 Golden, CO 80401

Email: Caitlyn.Alter@NREL.gov

Electronic copies of forms and appendices can be found at:

NREL Terms and Conditions

Procurement Forms | NREL http://www.nrel.gov/workingwithus/standard-terms.html https://www.nrel.gov/workingwithus/forms.html

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 2 of 11

3. Project description:

As specified in the Statement of Work titled “Maintenance and Repairs for NREL-Owned Photovoltaic Systems”, (Appendix A).

4. Proposed subcontract award and period of performance

The Alliance for Sustainable Energy, LLC has entered into Contract No. DE-AC36-

08GO28308 with the Department of Energy (DOE), an agency of the U.S. Government, for the management and operation of the National Renewable Energy Laboratory (hereinafter called “NREL”). All references to “NREL” in this solicitation shall mean the Alliance for Sustainable Energy, LLC.

It is the intent of NREL to award one (1) Labor Hour and Expenses subcontract(s) under this solicitation. The anticipated period of performance is 12 months with four (4) 12-month option periods, with annual funding expected to be approximately $100,000.00 ($500,000.00 Ceiling if all options are exercised).

5. Competitive negotiated subcontract using Cost, Technically Acceptable Selection

This solicitation shall be conducted using Lowest Cost, Technically Acceptable Selection that results in an award based on the lowest evaluated cost of all technically acceptable offers.

Lowest Cost, Technically Acceptable Selection is based on the premise that value is expected to result from award based on a technically acceptable offer with the lowest evaluated cost.

The Statement of Work in this Request for Proposals serves as NREL’s baseline requirements that must be met by each offer.

Selection will be made on the basis of the lowest evaluated cost of offers meeting or exceeding the baseline requirements of the statement of work.

NREL may discuss cost with offerors, especially when more than one technically acceptable approach is received that may satisfy NREL’s needs.

# Technical Acceptability Requirement

1.

Past Performance - Offeror's demonstrated capability for managing and successfully completing Inspections and Repairs consistent with the type and complexity described in the SOW.

1.1.

Provide summaries of at least three Photovoltaic Systems Inspection projects completed within the last three years similar in scope to those outlined in the Statement of Work.

Each summary shall include the following: Company Type (commercial, industrial, government), Scope of the project, Materials Cost associated with the project, Labor cost associated with the project, Response time from Initial Request, Period of Performance Required to complete the project (Start and End date of Work).

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 3 of 11

1.2.

Provide summaries of at least three Photovoltaic Systems Inspections Reports completed within the last three years similar in scope to those outlined in the Statement of Work.

Each example should show how your organization records results of inspections, provides photographic evidence of damages and defects, the corrective action recommendations, and timelines for corrective actions. Additionally, the examples should include the inspection date and the report distribution date.

These examples shall include copies of the actual inspection report to be considered technically acceptable. Identifiable information may be redacted at the discretion of the offeror.

1.3.

Provide summaries of at least three Photovoltaic Systems Preventive Maintenance projects completed within the last three years similar in scope to those outlined in the Statement of Work.

Each summary shall include the following: Company Type (commercial, industrial, government), Scope of the project, Materials Cost associated with the project, Labor cost associated with the project, Response time from Initial Request, Period of Performance Required to complete the project (Start and End date of Work).

1.4

Provide summaries of at least three Photovoltaic Systems As-Needed or Emergency Repair projects completed within the last three years similar in scope to those outlined in the Statement of Work.

Each summary shall include the following: Company Type (commercial, industrial, government), Scope of the project, Materials Cost associated with the project, Labor cost associated with the project, Response time from Initial Request, Period of Performance Required to complete the project (Start and End date of Work).

1.5

Provide summaries of at least three Photovoltaic Systems Post-Maintenance or Post-Repair Reports completed within the last three years similar in scope to those outlined in the Statement of Work.

Each example should show how your organization records results of inspections, provides photographic evidence of damages and defects, the corrective action recommendations, and timelines for corrective actions. Additionally, the examples should include the inspection date and the report distribution date.

These examples shall include copies of the actual inspection report to be considered technically acceptable. Identifiable information may be redacted at the discretion of the offeror.

2.

On-Site Staff Experience - The qualifications and availability of the firm's proposed project team and on-site staffing.

NOTE 1: NREL may consider offerors who request obtaining the required certifications post-award. To be considered technically acceptable without current certifications, an offeror requesting to obtain certificates post-award must provide a clearly defined plan outlining a timeline for obtaining each required certificate, the staff involved in the certifications (more than two), and any other relevant information.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 4 of 11

If an offeror would like to propose more or less staff than the minimum outlined in the RFP Evaluation Criteria under sections 2.1-2.5, they shall provide additional information on the utilization of employees to ensure that the minimum number of employees are available per the Appendix A – SOW.

For example, if there are more qualified staff, such as two Master Electricians and no current Journeyman level electricians – this would also meet the “at least one” employee with minimum qualifications since there are two more highly qualified staff compared to one of both levels.

NOTE 2: Even if awarded a subcontract, an offeror will not be authorized to work on-site without the proper certifications as outlined in sections 2.1-2.5.

2.1

Substantiate that your firm currently has more than one member of staff that currently holds the following certifications/qualifications per section 2.e.2. of the

SOW:

1. Licensed Electrical Contractor

2. NABCEP PV Installer Certification or UL PV System Installation Certification

3. Experience with Power Generation Systems

4. Experience with DC Electrical Systems

5. NFPA 70E Certification

6. Experience with National Electric Code Sections 690/691

7. ASNT Certified

8. Meet NERC Compliance

Copies of the certifications must be provided to be considered technically acceptable. Experience shall be provided in the form of a resume.

2.2

Substantiate that your firm currently has at least one Inspection and at least one PV Module/Array Specialist who can meet the qualifications in the SOW section 2.e.3.:

1. NABCEP PV Installer Certification

2. Two to Five years of experience working with PV Systems

Copies of the certifications must be provided to be considered technically acceptable. Experience shall be provided in the form of a resume.

2.3.

Substantiate that your firm currently has at least one Inverter Specialist who can meet the qualifications in the SOW section 2.e.4.:

1. Certified in current version of NFPA 70E.

2. More than Five years of experience working with PV Systems

Copies of the certifications must be provided to be considered technically acceptable. Experience shall be provided in the form of a resume.

2.4.

Substantiate that your firm currently has at least one Journeyman Electrician who can meet the qualifications in the SOW section 2.e.5.:

1. 50 OSHA Card

2. Arc-Flash, Lock-out/Tag-out, and Special Protective Equipment Training

3. NABCEP PV Installer Certification

4. Experience with DC electrical systems.

5. More than Five years of experience working with PV Systems

Copies of the certifications must be provided to be considered technically acceptable. Experience shall be provided in the form of a resume.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 5 of 11

2.5.

Substantiate that your firm currently has at least one Master Electrician who can meet the qualifications in the SOW section 2.e.5.:

1. Electrical Contractor's License

2. 50 OSHA Card

3. Arc-Flash, Lock-out/Tag-out, and Special Protective Equipment Training

4. NABCEP PV Installer Certification

5. Experience with DC electrical systems.

6. More than Five years of experience working with PV Systems

7. Certification by NERC

Copies of the certifications must be provided to be considered technically acceptable. Experience shall be provided in the form of a resume.

Capability (Requirements to Perform Work) - The Offeror's capability to respond and perform the requirements per the Statement of Work.

3.1.

Offeror substantiates their firm’s ability to meet the requirements outlined by the statement of work, drawings, specifications and guidelines. These requirements include meeting/exceeding the established period of performance requested, technical skills and abilities required to complete the work, and providing qualified personnel as required for safety considerations. This Request for Proposals serves as NREL’s baseline requirements that must be met by each offer.

3.2.

Substantiate that your firm can meet or exceed the current response times required by the Statement of Work.

1. Normal Business Hours

2. After-Hours (Emergency, Non-Holiday)

3. Emergency (Holiday)

Statement of Work requires the following response times:

10 business days for Standard Maintenance or Repair requests.

4 hour initial response via phone and 24-hour on-site response for Emergency Repair requests.

3.3.

Substantiate that your firm can meet or exceed the current quote turnaround time required by the Statement of Work.

1. During normal business hours for non-emergency tasks which include maintenance and non-emergency repairs.

2. Emergency repairs within normal business hours.

3. Emergency repairs outside of normal business hours.

Note: The Statement of Work requires labor and repair quotes within one week (5 days) of a standard service request. Emergency Quotes shall be provided within 24 hours of the initial request for emergency repairs.

3.4.

Confirm location of facilities, key personnel/staff, and equipment are within 50-mile drive of NREL’s main site in Golden, CO.

3.5.

Confirm your ability to comply with the Service Contract Act Wage Determination 2015-5419 and/or provide a copy of your organization's Collective Bargaining Agreement for review.

4.

Required Forms - Provide all required Forms as outlined in the Request for Proposal.

4.1. Provide Completed ESH Worksheet (NREL F1320-E (12/2017).

4.2. Provide Insurance Carrier Letter (EMRs).

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 6 of 11

4.3.

Provide copies (if any) of Environmental Protection Agency (EPA) and Colorado Department of Public Health & Environment (CDPHE) violations within the past three (3) years.

4.4.

Provide Completed Organization Conflicts of Interest Disclosure Statement OR Organizational Conflicts of Interest Representation Statement Form.

4.5. Provide Completed Representations and Certifications for Subcontracts Form.

4.6 Provide Completed Cost Proposal Form.

6. Evaluation process

NREL will evaluate offers in three general steps:

Step One—Initial Evaluation An initial evaluation will be performed to determine if all required information has been provided and the offer is technically acceptable to meet the basic requirements as outlined in the statement of work. At NREL’s discretion, discussions with offerors will be held as necessary.

There are four (4) primary technical acceptability requirements with sub-criteria as outlined in section 5. Adequate responses must be provided to determine technical acceptability to all four requirements to be considered technically acceptable. If any number of the technical acceptability requirements, including sub-criteria, is deemed unacceptable, the entire proposal will be deemed technically unacceptable.

Offerors shall be notified if their offer is determined to be technically unacceptable and the reasons for rejection will be provided. Technically unacceptable offers will be excluded from further consideration.

Step Two—Cost Evaluation After an offer is evaluated as technically acceptable to meet the baseline requirements, NREL will evaluate the cost to determine the reasonableness and award to the lowest cost offer.

Step Three—Selection Based on the technical acceptability and cost suitability of the offers, NREL will exercise one of the following options:

(a) Select an offer and award the subcontract to the lowest cost, technically acceptable offer without discussion;

(b) after discussion, select an offer, and award the subcontract;

(c) make no award.

7. Proposal preparation information

This solicitation does not commit NREL to pay costs incurred in the preparation and submission of a proposal in response to this RFP. Proposal must be submitted electronically via email (NREL email size limitation is 25GB, a file sharing link may be provided if files are too large).

The proposal must include:

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 7 of 11

a. A title page, including the RFP title and number, name of your organization and Project Manager (with postal address, telephone number(s), email address and System for Award Management Unique Entity ID (UEI) number).

b. Cover letter including either acceptance or change/exception with reason to:

a. Sample Subcontract

b. Statement of Work

c. Anticipated period of performance,

d. Standard terms and conditions (Appendix B-8H)

e. Any proposed change/exception must contain sufficient amplification and justification to permit evaluation. Such proposed changes/exceptions will not, of themselves, automatically cause an offer to be termed unacceptable. However, a large number of proposed changes/exception or one or more significant exceptions not providing any obvious benefit to the NREL, or the Department of Energy may result in rejection of such offer as unacceptable.

c. Technical proposal directed toward meeting the requirements of NREL’s Statement of Work and the technical acceptability requirements (see item 5 above). The technical proposal shall be a maximum of 20 pages which includes all text, graphics, charts, attachments, appendices, addendums, indices, exhibits, etc. (resumes and proposed changes to the Statement of Work are not included in page count). In the event that the page limit is exceeded, NREL at its sole discretion, reserves the right to remove pages from the sections of any non-conforming submittals to bring each non-conforming submittal within the page count requirement.

d. A completed “Attachment 3 - Cost Proposal Form” in an electronic copy (converted to pdf). An individual offeror’s cost proposal standard format can be used if the data included is substantially the same as the NREL form. The offeror’s cost and delivery terms must be valid for 90 days from the date of the offer. The cost proposal should include support documentation for all categories of the proposed cost. The cost proposal should separate cost for lower-tier Subcontract(s) and include support documentation for all categories of the proposed lower-tier Subcontract(s) cost. See the “Attachment 3 - Cost Proposal Form” for specific instructions.

e. A completed “Attachment 4 - EMR Form-ESH Eval Worksheet” as well as the required Insurance Letter confirming EMR ratings over the past 3+ years in an electronic copy (converted to pdf).

f. A completed “Attachment 6 - Representations & Certifications for Subcontracts –

July 2022” form.

g. EITHER the “Organizational Conflicts of Interest Representation Statement” OR the “Organizational Conflicts of Interest Disclosure Statement”, as applicable per the “Instructions for Completion of Organizational Conflicts of Interest Statement – Disclosure or Representation Statement” . The forms and instructions are located at the following link:

http://www.nrel.gov/workingwithus/forms.html

h. If your organization is subject to a collective bargaining agreement (CBA), please submit a copy of the current CBA.

i. NREL requires that all subcontractors and vendors register in the System for Award Management (SAM) prior to award of a subcontract or purchase order (PO) in all but a

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 8 of 11 few rare exceptions. SAM is an official website of the U.S. government located at www.sam.gov. If your company or organization is not already registered in SAM, the registration process should be started as soon as possible as the registration process may take some time to complete. Registration on www.sam.gov is free, go to this website for instructions on how to complete the registration process. Additional guidance is also available from the Small Business Administration at:

https://www.sba.gov/sites/default/files/articles/Registering_on_SAM.pdf

8. Solicitation Provisions—full text provided

a. Late submissions, modifications, and withdrawals of offers

Offers, or modifications to them, received from qualified organizations after the latest date specified for receipt may be considered if received prior to award, and NREL determines that there is a potential cost, technical, or other advantage, as compared to the other offers received. However, depending on the circumstances surrounding the late submission or modification, NREL may consider a late offer to be an indication of the offeror’s performance capabilities, resulting in downgrading of the offer in the technical evaluation process. Offers may be withdrawn by written notice received at any time before award.

b. Restrictions on disclosure and use of proprietary data (Nov 2018)

Offerors who include in their proposals proprietary data that they do not want disclosed to the public for any purpose or used by the government or NREL, except for evaluation purposes shall, in addition to including the “Notice for Handling Proposals” required in Paragraph #. b. above—

1. Mark the title page with the following legend:

“This offer includes proprietary data that shall not be disclosed outside the government or NREL and shall not be used or disclosed—in whole or in part—for any purpose other than to evaluate this offer. If, however, a subcontract is awarded to this offeror as a result of—or in connection with— the submission of proprietary data, the government or NREL shall have the right to duplicate, use, or disclose the proprietary data to the extent required in the resulting subcontract. This restriction does not limit the government or NREL’s right to use this proprietary data if obtained from another source without restriction. The proprietary data subject to this restriction are contained on pages [insert page and line numbers or other identification of pages] of this offer”; and

2. Highlight (in yellow) the proprietary data on each page it wishes to restrict and add the following footer:

“Use or disclosure of proprietary data contained on this page is subject to the restriction on the title page of this offer.”

c. Notice of right to receive patent waiver (derived from DEAR 952.227-84) and technical data requirements.

https://www.sba.gov/sites/default/files/articles/Registering_on_SAM.pdf

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 9 of 11

Offerors (and their prospective lower-tier subcontractors) in accordance with applicable statutes and Department of Energy Acquisition Regulations, (derived from DEAR 952.227-84) have the right to request a waiver of all or any part of the rights of the United States in inventions conceived or first actually reduced to practice in performance of the subcontract that may be awarded as a result of this solicitation, in advance of or within thirty (30) days after the effective date of subcontracting. Even where such advance waiver is not requested or the request is denied, the subcontractor will have a continuing right during the subcontract to request a waiver of the rights of the United States in identified, individual inventions.

Domestic small business firms, educational institutions, and domestic nonprofit organizations normally will receive the clause: Patent Rights - Retention by the Subcontractor, which permits the offeror to retain title to subject inventions, except in subcontracts involving exceptional circumstances or intelligence activities. Therefore, domestic small business firms, educational institutions, and domestic nonprofit organizations normally need not request a waiver.

If an offeror’s proposal includes a lower-tier subcontract to another organization, that lower-tier organization's business type will determine the applicable intellectual property provisions that will apply to the lower-tier subcontract. Note that a lower-tier subcontractor may apply for a patent waiver under the same conditions as the offeror.

Under a research, development, and demonstration project, the Department of Energy and NREL are unable to ascertain, prior to receipt of offers or performance of the project, their actual needs for technical data. It is believed that the requirements contained herein are the basic needs of the Department of Energy and NREL.

However, if the offeror indicates in its proposal that proprietary data will be used or withheld under its proposed effort, the Department of Energy and NREL reserve the right to negotiate appropriate rights to the proprietary data. The appropriate rights may include "Limited Rights in Proprietary Data" and/or "Subcontractor Licensing."

d. Disclaimer

NEITHER THE UNITED STATES; NOR THE DEPARTMENT OF ENERGY; NOR

ALLIANCE FOR SUSTAINABLE ENERGY, LLC; NOR ANY OF THEIR

CONTRACTORS, SUBCONTRACTORS, OR THEIR EMPLOYEES MAKE ANY

WARRANTY, EXPRESS OR IMPLIED, OR ASSUME ANY LEGAL LIABILITY OR

RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS

FOR ANY PURPOSE OF ANY OF THE TECHNICAL INFORMATION OR DATA

ATTACHED OR OTHERWISE PROVIDED HEREIN AS REFERENCE MATERIAL.

e. Solicitation disputes

The General Accountability Office and the Department of Energy do not accept or rule on disputes for solicitations for Requests for Proposals issued by Management and Operating Contractors for the Department of Energy (operators of Department of Energy National Laboratories). Should an offeror have any concerns regarding the NREL solicitation process or selection determination, the offeror may contact Paul White, Advocate for Commercial Practices, at (303) 384-7575. NREL will address each concern received from an offeror on an individual basis.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 10 of 11

f. Prohibition on use of certain telecommunications and video surveillance services or equipment per the John S. McCain National Defense Authorization Act Section 889(a)(1)(B)

In accordance with the John S. McCain National Defense Authorization Act Section

889(a)(1)(B), NREL is prohibited from contracting with any offeror that uses, and/or whose lower-tier subcontractor(s) use, covered telecommunication equipment or services as a substantial or essential component of any system, or as a critical technology of any system, on or after 08/13/2020, unless an exception applies or a waiver is granted. This includes such equipment or services from five Chinese companies: Huawei, ZTE Corporation, Hytera Communications, Hangzhou Hikvision, and Dahua Technology.

g. Compliance with Section 508 of the Rehabilitation Act (found at 29 U.S.C. 794d)

The requirements of Section 508 of the Rehabilitation Act apply to NREL’s procurement of all electronic and information technology (EIT) and any development, maintenance, or use of EIT.

h. Compliance with the Service Contract Labor Standard (Formerly Service

Contract Act of 1965) (AUG 2018)

i. Compliance with Buy American Act (derived from FAR 52.225-1 (May 2014)

9. Solicitation provisions

The following solicitation documents are attached:

▪ Attachment 1, Appendix A - Statement of Work dated 1/23/2023

▪ Attachment 2, Sample Subcontract Schedule - Labor Hour and Expenses

▪ Attachment 3, Cost Proposal Form

▪ Attachment 4, EMR Form-ESH Risk Eval Worksheet

▪ Attachment 5, SCA Wage Determination 2015-5419 Rev 23 dated 12/27/2022

▪ Attachment 6, Representations & Certifications for Subcontracts/Purchase Orders

10. Solicitation provisions—incorporated by reference—general access

This solicitation incorporates one or more solicitation provisions by reference with the same force and effect as if they were given in full text. The following documents can be downloaded from http://www.nrel.gov/workingwithus/standard-terms.html and http://www.nrel.gov/workingwithus/forms.html or the NREL RFP Contact (see item 2) will make available upon request.

The documents and forms that are listed below are applicable to this solicitation and resulting award:

Appendix/Form

NREL Standard Terms and Conditions: Appendix B-8H (1/23/2023) http://www.nrel.gov/workingwithus/standard-terms.html

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 11 of 11

NREL Attachment 3 – Cost Proposal Form

NREL Attachment 4 “EMR Form-ESH Risk Eval Worksheet”

NREL Attachment 6 - Representations and Certifications (7/14/2022) for Subcontracts

NREL Conflicts of Interest Forms

This solicitation incorporates one or more of the following wage determinations by reference with the same force and effect as if they were given in full text. The following wage determination(s) can be downloaded from the Wage Determinations OnLine.gov website at http://www.wdol.gov/.

- SCA Wage Determination 2015-5419 Revision 23 dated 12/27/2022 (also found as Attachment 5 to the solicitation)

11. Notice Regarding NREL Payments to Subcontractors

It is NREL’s standard practice to make all payments to domestic subcontractors via electronic (ACH) payments or to international subcontractors via wire transfers. Any Offeror receiving notification of an award under this solicitation must complete and submit a “Request for ACH/Wire Banking Information” form to the applicable NREL Subcontract Administrator. Payments to subcontractors will be deposited directly into the subcontractor’s designated bank account in accordance with the banking account/wire transfer information provided on the form by an authorized company representative. An electronic (PDF) copy of the form will be provided by the NREL Subcontract Administrator upon notification of award. Please do not include an ACH form with your response to this RFP.

http://www.wdol.gov/

SUBMIT OFFERS TO AND REQUEST INFORMATION FROM THE NREL RFP CONTACT BELOW