21 - RFP Letter - RFP-2023-23073 8-14-2023.pdf

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 1 of 12

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

Request for Proposals (RFP) Number RFP-2023-23073

“Regulated Waste Packaging, Transportation, and Disposal/Recycling”

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:

BEST VALUE SELECTION

All Statement of Work (SOW) requirements being met with the best combination of:

• Technical factors (based on qualitative merit criteria), and

• Evaluated cost.

Issue Date: 8/14/2023 Due Date: 9/11/2023 Time Due: 12:00 Mountain Time

Technical questions must be received in writing no later than 8/28/2023

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 Best Value 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:

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

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 2 of 12

3. Project description:

As specified in the Statement of Work titled “Regulated Waste Packaging, Transportation, and Disposal/Recycling”, (Attachment 1).

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 sixty (60) months if all options are exercised, with funding availability of approximately $1,000,000.00.

5. Competitive negotiated subcontract using Best Value Selection

This solicitation shall be conducted using Best Value Selection that results in an award that is most advantageous to NREL based on the best value combination of (a) evaluated qualitative merit and (b) evaluated cost of the offers submitted.

Best Value Selection is based on the premise that, if all offers are of approximately equal qualitative merit, award will be made to the offeror with the lowest evaluated cost.

However, NREL will consider awarding to an offeror with a higher evaluated cost if the offer demonstrates the difference in cost is commensurate with the higher qualitative merit.

Conversely, NREL will consider awarding to an offeror with a lower evaluated qualitative merit if the cost differential between it and other offers warrant doing so.

6. Qualitative merit criteria for Best Value Selection

The Statement of Work (Attachment 1 – Appendix A) in this RFP serves as NREL’s baseline requirements that must be met by each offer.

The qualitative merit criteria establish what NREL considers the technical factors valuable in an offer. These qualitative merit criteria are performance-based and permit selection of a higher priced offer that provides higher qualitative merit.

The following qualitative merit criteria will be used to determine the technical value of the offer in meeting the objectives of the solicitation. Subcriteria, if listed, are not individually weighted, but are factors in the overall weighting.

Each qualitative merit criterion (and sub-criteria, if included) and its assigned weight are listed below:

Criterion

# Criterion Assigned Weight (%) Description

6.1 Technical

Approach 30%

The Offeror’s overall approach for completion of the work as outlined in the SOW and confirmation of qualified Key Personnel.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 3 of 12

6.1.1 Project

Management Outline

N/A

Provide a project management outline of how your organization plans to manage the Regulated Waste Packaging, Transportation, and Disposal/Recycling requirements as outlined in the Statement of Work, including:

1) ability to provide all equipment, supplies and materials,

2) availability of labor force,

3) type and extent of training,

4) scheduling availability and managing work across multiple locations, and

5) approach to adhering to regulatory requirements.

Outline the use of lower-tier subcontractors for Routine and Variable Services, if applicable.

6.1.2 Key Personnel

- Project Managers

N/A

Identify and provide resumes for Key Personnel:

Primary Project Manager and Customer Service Representative/ Logistics Manager.

Resumes shall reflect past employment history and years of experience. Resumes shall also reflect the proposed Key Personnel's ability to comply with the requirements as outlined in the

SOW. DO NOT INCLUDE SOCIAL SECURITY

NUMBERS ON RESUMES.

6.2 Past

Performance 15% The Offeror’s relevant project experience and references.

6.2.1 Past

Performance Projects - Regularly Scheduled Waste Management Tasks (Routine Requirements)

N/A

Provide at least three to five examples of Routine and Variable Services projects completed in the last three years similar in scope to those outlined in the Statement of Work section 3)b), including the following information:

Company Type (commercial, industrial, government), Scope of the project, Materials Cost associated with the project, Labor cost associated with the project, Period of Performance Required to complete the project (Start and End date of Work).

6.2.2 References

N/A

Provide three references for completed projects, including:

Company/Organization Name, Company Type (commercial, industrial, government), Scope of the project, Project or Contract/Subcontract Number, Point of Contact Name, Phone Number, Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 4 of 12 and Email Address. Letters of reference are preferred, but not required.

6.3 Capability

55%

The qualifications of the Offeror's proposed on-site staffing, electronic capabilities, and response times.

6.3.1 On-Site Staff

Training Requirements

N/A

Demonstrate that your firm currently has the appropriate staff and/or lower-tier subcontractors that hold up-to-date certifications and qualifications as outlined in the Appendix A - Statement of Work section 3)d) "Key Personnel and On-Site Staffing Requirements". This includes, but is not limited to, Field Chemists and Field Technicians.

Copies of the certifications must be provided to be considered technically acceptable.

Experience shall be provided in the form of a resume.

If an Offeror does not currently have staff with the qualifications or certifications required, the Offeror may submit a plan on how they will obtain the required qualified staff or lower-tier subcontractors required to perform the requirements outlined in the Appendix A - Statement of Work.

6.3.2 Special

Services and Electronic Capabilities

N/A

Proposal shall identify any special services or capabilities that the Offeror can provide that would enhance the timeliness and efficiency of performance of the services as described in the Statement of Work (Attachment 1) e.g. electronic and/or cloud based systems, Department of Transportation lab pack or other types of exemptions, or any unique business or customer service practices.

Demonstrate how the Offeror uses electronic systems to manage Regulated Waste tasks, including but not limited to:

1. Electronic Profiling.

2. Manifest Tracking.

3. Connection with E-Manifest.

4. Ability to create customer account for easy report access.

NOTE: The Awardee will not have access to NREL systems. Electronic capabilities will be provided by and supported by the awarded Subcontractor. It is highly preferred that reports

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 5 of 12

Based on the total percentage score of all merit criteria, the following ratings shall be assigned:

Adjectival Rating Total Merit Percentage (out of 100%) Excellent 95-100% Above Average 85-94% Acceptable 75-84% Marginal 65-74% Unacceptable 64% or less

7. Cost evaluation for Best Value Selection

After evaluation of the qualitative merit criteria, the following cost evaluation will be used to determine the best value of the offer in meeting the objectives of the solicitation.

Labor Hour & Expense Cost Analysis:

1. Fully Burdened Labor Rates

a. The offeror must provide all labor categories applicable to the subcontract for the base and each option period under column A of the Fully Burdened Labor rate table.

i. At a minimum, the offerors should provide three labor categories: Project

Coordinators, Inspectors, and Repair Staff.

ii. Each offeror may add additional rows for other labor categories as they see fit.

b. Columns C, D, E, F, G and H must be completed in full.

i. Base Rate (Column C) is the base hourly wage paid to each labor category employee prior to the addition of columns D, E, F, and G.

will be made available to NREL via the use of a internet-based platform with a log in for the NREL Technical Monitor.

6.3.3 Response

Times and Timeliness of Performance

N/A

Demonstrate the Offeror can meet or exceed the current response times required by the Appendix A - Statement of Work. Provide your average response time to customer requests.

Provide DOT enforcement history of direct and/or lower-tier transporters. Provide a DOT Hazmat Transportation and Security Plan identifying how NREL packages will be safeguarded in storage and en route. Provide the corporate health and safety plan.

Outline how the Offeror can comply with required response times if outside of a 100-mile radius.

100% Total of Merit Criteria

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 6 of 12

ii. The offeror should add their general percentages for each of the labor categories listed below:

1. Labor Overhead Percentage of Cost (Column D)

2. Fringe Benefits Percentage of Cost (Column E – reference required fringe benefits under Service Contract Act Wage Determination 2015- 5419)

3. General & Administrative Percentage of Cost (Column F – does NOT include overhead costs)

4. Profit Percentage (Column G)

iii. Total Per Hour (Column H) automatically calculates by adding columns C through G. The sum is the flat hourly rate as outlined in the Attachment 2 – Sample Subcontract.

2. Markup Percentage for Expenses

a. The Expense Categories listed are the only expected expenses under this RFP and consist of three elements: 1) All supplies, material handling equipment, and PPE; 2) Treatment, disposal and recycling of NREL waste at EPA- Permitted TSDF Facilities); and 3) Travel – including vehicle mileage.

i. The base rate for items 1 and 2 shall be at-cost based on market rates at time of service.

1. The offeror shall provide their maximum markup percentage in column

C.

ii. The base rate for Travel shall be Only as Allowable per Appendix E.

1. NOTE: No markup percentage is allowable on travel costs.

b. The Offeror may submit additional rows for Direct Costs at either a FIXED

RATE or a base rate plus markup percentage if desired.

i. Travel expenses will only be allowable if in line with the requirements as outlined in Appendix E – Standard Terms and Conditions for Travel. No markup percentage is allowed.

ii. Any other requested expenses must also outline what the cost covers and provide backup documentation on applicability to other customers, such as redacted invoices showing the requested line-item costs.

3. LABOR HOUR & EXPENSE COST ANAYLSIS:

a. The total hourly cost (Column H) for all labor categories shall be evaluated as follows:

i. Comparison of escalation of labor rates between the base and each option period.

ii. Comparison of hourly labor rates for the base and all option periods shall be reviewed from all offerors.

iii. Comparison of hourly labor rates to open market or commercial sources will be utilized if necessary.

iv. Comparison of hourly labor rates to internal figures for site operations maintenance may be utilized if necessary.

b. The markup percentages shall be evaluated as follows:

i. Comparison of the markup percentage escalation between the base and all option periods as proposed by each offeror, if applicable.

ii. Comparison of markup percentages across all offers received shall be completed.

iii. Comparison of markup percentages compared to internal data may be utilized if necessary.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 7 of 12

The combined qualitative merit value will be considered substantially more important than the cost.

8. Additional Factors for Evaluation

In addition to the qualitative merit criteria and cost evaluation above, each offer will be evaluated using the following evaluation factors to determine the competitive range and final negotiation rank order. These factors are not weighted.

8.1 Compliance with Service Contract Act

In addition to all Terms and Conditions outlined in the Attachment 2 - Sample Subcontract, all offerors must confirm their firm's 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.

8.2 Environment, Safety, and Health Requirements

All Offerors must provide a completed ESH Worksheet (NREL F1320-E (04/2022) and provide Insurance Carrier Letter (EMRs) for the last three or more years.

NOTE: If an offeror’s EMR is over 1, the offeror must provide a summary of the incident(s) impacting the firm's EMR rating, and firm must provide copies of Environmental Protection Agency (EPA) and Colorado Department of Public Health & Environment (CDPHE) violations within the past three (3) years.

9. Evaluation process

NREL will evaluate offers in two general steps:

Step One—Initial Evaluation An initial evaluation will be performed to determine if all required information has been provided for an acceptable offer. Offerors may be contacted only for clarification purposes during the initial evaluation. Offerors shall be notified if their offer is determined unacceptable and the reasons for rejection will be provided. Unacceptable offers will be excluded from further consideration.

Step Two—Discussion, Selection, Negotiation, and Award All acceptable offers will be evaluated against the Statement of Work and the qualitative merit criteria listed above. Based on this evaluation, and taking into consideration the proposed cost, NREL has the option, depending on the specific circumstances of the offers received, to use one of the following methods of selection:

(a) make individual selection(s), conduct negotiations, and make an award(s);

(b) conduct parallel negotiations with all offerors and make award(s);

(c) conduct discussions with all offerors, select successful finalists, conduct parallel negotiations with successful finalists, and then make award(s);

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 8 of 12

(d) conduct discussions with all offerors, conduct parallel negotiations with the finalists, select successful finalist(s), and then make award(s);

(e) select successful finalists, conduct successive negotiations, and make successive selections and awards;

(f) make no award(s).

10. 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:

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 “Appendix A

- Statement of Work” and the evaluation criteria (see item 6 above). The technical proposal shall be a maximum of 15 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. Acceptance of the “Attachment 2 – Sample Subcontract Schedule” or any exceptions/changes requested.

e. 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.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 9 of 12

f. 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).

g. Confirmation of acceptance of and compliance to the “Attachment 5 – Appendix G –

SCA Wage Determination 2015-5419”.

h. A completed “Attachment 6 - Representations & Certifications for Subcontracts – July 2022” form.

i. 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

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

k. 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 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

11. 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:

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

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 10 of 12

“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. [RESERVED]

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.

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

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 11 of 12 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.

12. Solicitation provisions

The following solicitation documents are attached:

▪ Attachment 1, Appendix A - Statement of Work dated 6/1/2023

▪ 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 24 dated 7/25/2023

▪ Attachment 6, Representations & Certifications Form

13. 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)

NREL Terms and Conditions - Intellectual Property Provisions For Large and Small Business, Nonprofit Organizations, Educational Institutions, and Others (Non Research and Development) Appendix C-3 (8/1/2022)

NREL Terms and Conditions for Subcontracts in excess of $700,000.00 Appendix D (3/01/2020);

NREL Standard Terms and Conditions for Travel Requirements Appendix E (3/01/2020);

NREL Small Business (Lower-tier) Subcontracting Plan Requirements (for subcontracts in excess of $700,000.00).

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 12 of 12

NREL Representations and Certifications (7/14/2022) for Subcontracts/Purchase Orders;

NREL Proposal Form – Cost Proposal Form

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/.

- 2015-5419 Revision 23 dated 12/27/2022

14. NAICS Code and Small Business Size Standard

a. The North American Industry Classification System (NAICS) for this solicitation is 562112 – Hazardous Waste Collection.

b. The small business size standard for 562112 is $47.0 Million in Annual Receipts.

(“Annual receipts” of a concern means the annual average gross revenue for the last three fiscal years.)

15. 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