RFP BZ-2024-06.pdf

(1/19/24)

Lawrence Berkeley National Laboratory Request for Proposal number BZ-2024-06

Energy Storage Systems for the Parks Reserve Forces Training Area

Proposal Due Date: May 22, 2024

North American Industry Classification System Code:

335910 Battery Manufacturing

University Procurement Representative:

Brian Zatkow

(510) 495-2547 bzatkow@lbl.gov mailto:bzatkow@lbl.gov

University of California, Managing and Operating Lawrence Berkeley National Laboratory Request for Proposal No. BZ-2024-06

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory requests a proposal for fabrication and delivery of two Energy Storage Systems, 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, for management and operation of the Lawrence Berkeley National Laboratory. Proposals submitted will be treated as offers and any resulting award will be a Subcontract under the University’s Prime Contract.

1.1 Background and Objective

Lawrence Berkeley National Laboratory is leading a project to develop and demonstrate a modular microgrid with support and funding from the U.S. Army. The microgrid design includes two layers of resiliency: an islanded operation of the entire base in case of an outage and the ability to island one or more groups of critical loads in the event of an internal fault (such as a transformer failure or cable fault).

The nesting capability will enable islanded operation of critical loads supported by the site’s own photovoltaic system and battery, electrically disconnected from the larger microgrid (i.e., a microgrid within a microgrid). The system will be operated via an intelligent modular supervisory controller leveraging the established Distributed Energy Resources Customer Adoption Model developed at LBNL.

The Parks Reserve Forces Training Area in Dublin, California serves as a training area for an estimated 250 reserve units and 20,000 reservists in northern California, including the Army Reserve, Army National Guard, active Army, and active and reserve units of the Air Force, Navy, and Marine Corps. Other Federal, state, and local entities also use this installation. The facilities on the Army base include barracks, dining, administration offices, training facilities, medical facility, privatized housing units, etc.

This solicitation is for two Energy Storage Systems that will have a capacity of approximately 0.5 to 1 megawatts and approximately 2 megawatt-hours and will be connected to a 21 kilovolt distribution loop to provide energy storage capabilities and enhance grid stability at the Parks Reserve Forces Training Area. Installation is not included, only delivery and supervision during start-up/commissioning.

1.2 Abbreviations

The following list of abbreviations will be used throughout this document.

• Department of Energy – DOE

• Distributed Energy Resources Customer Adoption Model – DER-CAM

• Energy Storage Systems (singular or plural) – ESS

• Federal Acquisition Regulation – FAR

• Kilovolt – kV

• Lawrence Berkeley National Laboratory – University or LBNL

• Megawatt – MW

• Megawatt-hour(s) – MWh

• Parks Reserve Forces Training Area – PRFTA

• Photovoltaic – PV

• Request for Proposal – RFP or Solicitation https://gridintegration.lbl.gov/der-cam

1.3 PRFTA Installation Notes

The ESS will be installed by a licensed contractor to be selected by LBNL in a separate solicitation. There will be one unit installed at each of two locations at PRFTA designated as ESS No. 1 (for Node 3) and ESS No. 2 (for Node 4/solar array). See images below for installation points and approximate dimensions.

1.4 NAICS Code and Small Business Size Standard

The North American Industry Classification System (NAICS) Code for this acquisition is 335910 (Battery Manufacturing). The corresponding small business size standard for this acquisition is 1,250 or fewer 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 FAR for information on calculating the number of employees.

Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the Women-Owned Small Business (WOSB) Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

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 or exclusion from further 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 at bzatkow@lbl.gov no later than 3:00pm Pacific Time on Wednesday, May 22, 2024.

All correspondence in conjunction with this solicitation must be directed to the University Procurement Representative. Proposals shall be valid for a period of 90 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 1:00pm Pacific Time on Wednesday, May 15, 2024. 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 whose proposal contains the combination of price, performance features, and supplier attributes offering the best overall value to the University.

An initial 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 may be considered non-responsive and may be excluded from further consideration if the omissions are substantive (e.g., one or more required documents not submitted, one or more evaluation factors not addressed, etc.). Offerors will be notified when appropriate in the interest of fair business practice and professional courtesy if their offer was determined non-responsive 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, 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 mailto:bzatkow@lbl.gov subcontracts. The determination of responsiveness and responsibility of complete offers will be made by a team consisting of technical and procurement personnel and considering the evaluation factors described in Section 2.4.

2.3.2 Evaluation of Desired Performance Features, Supplier Attributes and Non-Technical Factors Once the University has determined offers are complete in the initial review, 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 2.4.2.1 and 2.4.3.1. The University reserves the right to award to other than the lowest price. Offerors should therefore strive to be persuasive in describing the value of the 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, the University’s own experience with the offeror, 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. An offeror is identified as having a reasonable chance of award based on the evaluation indicating they are responsive and responsible; they have presented acceptable performance features and supplier attributes; they have sufficient bandwidth to take on new work; and their proposed pricing is considered fair and reasonable. 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. Proposals must include information on the following evaluation factors. A description of the information required for each factor is provided after the table.

Volume Factor

Cover Letter Per Section 2.4.1

Volume Factor

Technical Volume

Desired Performance Features and Attributes

Factor 1 – Battery Management System

Factor 2 – Storage Capacity

Factor 3 – Power Output

Factor 4 – Lead Time

Factor 5 – Environmentally Controlled Enclosure

Factor 6 – Past Performance

Business Volume

Non-Technical Evaluation Factors

Representations & Certifications

Price Proposal

Acceptance of Terms and Conditions

Financial Resources

2.4.1 Cover Letter

The cover letter must identify the offeror’s name and address, solicitation number BZ-2024-06 and title, and 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 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.

The following adjectival ratings will be used to rate the performance features and supplier attributes:

● 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.

Factor 1 – Battery Management System The offeror must propose ESS equipped with a battery management system that:

1. Is capable of communicating battery operating parameters to, and receiving set points from, a central microgrid control system.

2. Includes a robust monitoring and control system to enable real-time monitoring of system performance, energy storage levels, and operational parameters.

3. Provides remote access capabilities for system monitoring and data retrieval.

4. Meets Department of Defense cybersecurity requirements for any proposed communications crossing the PRFTA fence line.

The proposed ESS must adhere to applicable codes and standards including (but not limited to):

• National Fire Protection Association 70—National Electric Code

• National Fire Protection Association 780—Installation of Lightning Protection System

• National Fire Protection Association 101—Life Safety Code

• United Facilities Criteria 3-400-01—Energy Conservation

• United Facilities Criteria 3-520-01—Interior Electrical Systems

• United Facilities Criteria 3-520-05—Stationary and Mission Batteries

• United Facilities Criteria 3-530-01—Interior and Exterior Lighting and Controls

• United Facilities Criteria 3-550-01—Exterior Electrical Power Distribution

• United Facilities Criteria 3-570-03—Power Distributions Systems

• United Facilities Criteria 3-570-02—Electrical Engineering Cathodic Protection

• United Facilities Criteria -3-600-01—Fire Protection Engineering for Facilities

• United Facilities Criteria 4-010-01—DoD Minimum Antiterrorism Standards for Buildings

• United Facilities Criteria 4-022-01—Security Engineering: Entry Control Facilities/Access

Control Points

The offeror must include details on all of these items for the ESS battery management system being proposed.

Factor 2 – Storage Capacity The offeror should propose ESS storage capacity with a desired target of approximately 2 MWh via battery modules, with UL1973 and UL9540A certifications.

The offeror must identify in its proposal the storage capacity of the ESS being proposed. The offeror should include verification of the UL1973 and UL9540A certifications.

Factor 3 – Power Output The offeror should propose ESS with a power output of minimum 1 MW via inverters with UL1741 certification.

The offeror must include in its proposal the power output of the ESS being proposed. The offeror should include verification of the UL1741 certification. The offeror should include information about the storage technology, voltage range, energy efficiency, and expected operational lifespan of the ESS being proposed.

Factor 4 – Lead Time The offeror must propose a lead time for delivery of the ESS after the Subcontract is awarded.

The proposal must identify the proposed lead time for delivery.

Factor 5 – Environmentally Controlled Enclosure The offeror should propose ESS equipped with an environmentally controlled enclosure that includes a fire detection and suppression system.

The offeror should include in its proposal details of the ESS enclosure, with details and specifications of the detection and suppression system.

Factor 6 – Past Performance The offeror should have successfully performed within the last three years contracts similar in type and complexity as the proposed Sample Subcontract. The offeror must include in its proposal a written description of at least three contracts within the last three years that demonstrate that the offeror has successfully performed similar work in a quality manner (e.g., letters of reference, project documentation, etc.). Successful projects for the federal government, particularly the U.S. Department of Defense (DOD), Department of Energy (DOE), a National Laboratory such as LBNL, for the State of California, or the University of California, is of particular interest for this work effort.

Included in the description of all previous contracts should be the client/customer technical and business contact information (name, title, telephone number, and/or email address).

Information on problems encountered on the identified contracts and creative solutions with respect to corrective actions taken is encouraged.

The offeror must provide the number of terminations for default notices received over the past three years either directly or as a partner, member of an LLC, joint venture, or other similar relationship. Please state if no termination for default notices have been received.

https://www.shopulstandards.com/ProductDetail.aspx?productId=UL1973_3_S_20220225 https://www.shopulstandards.com/ProductDetail.aspx?productId=UL9540A_4_S_20191112 https://www.shopulstandards.com/ProductDetail.aspx?productId=UL1741_3_S_20210928

The offeror should include a summary of each termination for default notice. The offeror must disclose any contract/subcontract performance incidents where litigation has been initiated over the past three years. However, in such instances, the offeror will not be required to submit attorney-client privileged information or be required to disclose specific details surrounding the incident.

2.4.3 Business Volume

2.4.3.1 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 Enclosures

The offeror must complete the Representations and Certifications form and submit it with the business volume. Failure to submit this form may result in a determination of non-responsiveness.

The offeror must complete the Price Proposal enclosure as per the instructions in section 2.4.3.2.1 below.

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

• Sample Subcontract

• Insurance Certificate Instructions

• General Provisions for Commercial Supplies and Services (domestic) dated 12/22/23

• General Provisions for Commercial Supplies and Services (foreign) dated 12/22/23

The documentation package and all associated documents, drawings, and records are owned by DOE. Use of the documents for any purpose outside of (1) responding to this solicitation or (2) an awarded LBNL procurement subcontract is strictly prohibited. No document may be distributed to others or otherwise reproduced or used without written permission from the LBNL University Procurement Representative.

2.4.3.2.1 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.

Each offeror’s price will be evaluated for realism, reasonableness, and completeness. All prices must be proposed in US Dollars on the enclosed Price Proposal excel sheet. The price proposal must include the Harmonized Tariff Schedule code if instruments will be brokered through US Customs.

A milestone payment schedule may be proposed. No advance deposits or down payments are allowable, and subcontract signature is not an acceptable milestone. All milestones must represent actual incurred costs which can be demonstrated to the University’s satisfaction. A rationale and/or business case must be included in the offeror’s proposal for every proposed milestone.

2.4.3.2.2 Offeror’s Acceptance of Terms and Conditions

The offeror should accept the terms, conditions, General Provisions, and other incorporated documents of the Sample Subcontract (“Terms & Conditions”), including the requirement to include clauses in its lower-tier subcontracts at any tier, to the extent applicable. The Terms & 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 request exceptions to the Terms & Conditions, 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. If requesting exceptions, the offeror should include in its request for consideration of exceptions a separate document with all proposed revisions indicated by tracked changes, referencing the Subcontract article or General Provisions clause to which the proposed revision applies. The offeror must also include in its request for consideration of all exceptions a rationale for that exception, providing a justification for the requested change.

The University will attempt to resolve exceptions in a timely manner through an iterative process and with review, concurrence, and/or approval of both the University and DOE. However, offerors are advised that when exceptions cannot be resolved and agreement cannot be reached on terms and conditions, award will not be made to otherwise successful offerors.

2.4.3.2.3 Financial Resources

The offeror should have adequate financial resources to perform the resulting Subcontract, or the ability to obtain them.

The proposal should describe the offeror’s current financial condition and its financial ability to fully support performance of the proposed Subcontract. The University reserves the right to request the offeror’s financial statements or additional financial information regarding the offeror’s financial resources.

Information may include an independent CPA-audited or reviewed year-end financial statements for the last two fiscal years in the form of balance sheets, income statements, and statements of cash flow, and include information on any commitments or explicit arrangements that will be relied on to acquire the needed facilities, equipment, other resources, or personnel.

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 when marked in accordance with paragraph (e) of Federal Acquisition Regulation clause 52.215-1. 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.

3.5 Safety-Related Requirements

The selected offeror and its lower-tier subcontractors performing work at an LBNL worksite (to include the PRFTA) are subject to the DOE Worker Safety and Health Program regulation of Title 10, Part 851 of the U.S. Code of Federal Regulations (10 CFR 851), as amended by the variance to 10 CFR part 851, Worker Safety and Health Program, approved by DOE in August of 2019. The approved variance allows the selected offeror and lower tier subcontractors to follow applicable California Department of Labor Codes such as California Occupational Safety and Health Administration’s (Cal-OSHA) safety and health regulations in Title 8, including an Injury and Illness Prevention Program (IIPP), in lieu of specified provisions in 10 CFR part 851, Subparts B and C, and Appendix A. The Department of Energy retains enforcement authority per 10 CFR part 851, subpart A.

The selected offeror shall also perform the work in compliance with the LBNL Health and Safety Manual, available at https://ehs.lbl.gov/resource/documents/esh-manual-pub-3000/, which implements the requirements of 10 CFR 851, as well as their Cal-OSHA mandated Injury and Illness Prevention Plan (IIPP) or equivalent and all other LBNL safety procedures and policies communicated to the Subcontractor. As part of this requirement, the Subcontractor and its lower-tier subcontractors shall inform their workers of their rights and responsibilities by appropriate means, including posting the DOE-designated 10 CFR 851 It's the Law Worker Protection Poster at its LBNL workplace where it is accessible to all workers. Provisions implementing the requirements of the regulation are included in the Sample Subcontract.

The selected offeror’s personnel working on-site may be required to complete safety or other training specific to the LBNL facility or worksite where the work will be performed. The required training courses will be specified in the Subcontract documents. Subcontractor costs for the training are reimbursable under the Subcontract to the extent that the costs are identified in the offeror’s proposal and incorporated into the resulting Subcontract.

The selected offeror may not commence any work performed at an LBNL worksite until the Subcontract has been awarded and signed. The Subcontract will not be awarded, or site work allowed to begin, until the selected offeror submits and the University accepts the following documents:

• Insurance Certificates, endorsement, or other documentation confirming the insurance coverage

• Subcontractor Job Hazard Analysis and Authorization Form for Non-Construction Activities

Performed at LBNL Facilities (SJHA) The selected offeror will be provided instruction on submittal of such documents.

3.6 Ensuring Adequate COVID-19 Safety Protocols

Any Subcontract awarded as a result of this solicitation will include FAR 52.223-99 ENSURING

ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)

(DEVIATION), this clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

Enforcement of FAR 52.223-99 is currently enjoined by a federal court. Therefore, compliance with this clause is not currently required. However, should the federal injunction be lifted in the future, this clause will be applicable and enforceable, and prompt compliance will be required.

https://ehs.lbl.gov/resource/documents/esh-manual-pub-3000/

When performing onsite work, vendors and subcontractors are required to comply with the Cal/OSHA COVID-19 Prevention Non-Emergency Regulations, at a minimum. In addition, the "COVID-19 Safety Protocols for Subcontractors and Vendors" outline the most current onsite requirements at LBNL. These protocols are found on the LBNL COVID-19 website. With these requirements in mind, combined with the COVID-19 policies being implemented in various locations globally, please provide in your response to this solicitation any information regarding potential delays or challenges the offeror may foresee in the performance of the work pursuant to this solicitation. This includes information regarding delays or interruptions in supply chain pipelines that could affect the proposed delivery date(s) for shipments to

LBNL.

3.7 Sustainability-Related Requirements

LBNL’s Sustainable Acquisition Program (SAP) is subject to several interacting initiatives and Federal, DOE, State, and University requirements related to sustainability, including Recycled Content Products (EPA Designated Products), Biobased (BioPreferred®), energy efficient products (EnergyStar®), environmentally preferable and energy efficient electronics (EPEAT®), Federal Energy Management Program (FEMP), Non-Ozone Depleting Alternative Products (SNAP) and Water Efficient Plumbing Products (EPA WaterSense®).

The selected offeror must deliver products and services in compliance with the Environmentally Preferable Products and Services (EPP) article of the Sample Subcontract which implements the requirements of DEAR 970.5223-7 and 952.223-78, Sustainable Acquisition Program, as well as other federal- and state-mandated sustainability requirements.

As part of this requirement, the Subcontractor must report on compliance with recycled content requirements, bio-based, and/or energy-savings (i.e. EPEAT® and EnergyStar®) if applicable to their work effort or product being provided.

Offerors are strongly encouraged to consult the General Services Administration (GSA) Sustainable Facilities Tool (SFTool), the SFTool Product Search, and Vendor Resources pages within that site for additional information on the listed products and services potentially subject to these requirements.

Offerors should pay particular attention to the following subject areas and/or products and services that are frequently delivered as a part of LBNL’s subcontracted work efforts (the terms in parentheses are defined within the SF Tool site):

• Recycled Content Products (EPA Designated Products)

• Biobased Products (BioPreferred®)

• Energy Efficient Products (EnergyStar®)

• Environmentally Preferable and Energy Efficient Electronics (EPEAT®)

• Greenhouse Gas Emissions Reduction

• Non-Ozone Depleting Alternative Products

• Water Efficient Plumbing Products (EPA WaterSense®)

• Waste Reduction

LBNL is required to comply with UC policy on sustainable procurement to the extent to which they do not conflict with requirements in the Prime Contract with DOE. The UC policy prioritizes waste reduction in the following order: reduce, reuse, and then recycle. Accordingly, subcontractors and vendors must first reduce unnecessary purchasing and then prioritize purchasing surplus or multiple use products before https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ https://drive.google.com/file/d/11STNGyRi1fzHSs-c5yvBCmw2Gggez9P5/view https://drive.google.com/file/d/11STNGyRi1fzHSs-c5yvBCmw2Gggez9P5/view http://covid.lbl.gov/ https://sftool.gov/greenprocurement https://sftool.ecomedes.com/ https://sftool.gov/learn/about/652/vendor-resources https://sftool.gov/greenprocurement purchasing recyclable or compostable products in accordance with the EPP article of the Sample Subcontract. UC Policy also sets forth requirements for:

● Packaging,

● a ban on foam and single use plastic food service and other product packaging, and

● E-Waste recycling not addressed in the Federal requirements.

The California In-Use Off-Road Diesel-Fueled Fleets Regulation requires in-use off-road diesel-fueled fleet owners to report off-road diesel vehicle inventories and actions taken to reduce vehicle emissions to the California Air Resources Board (CARB). LBNL is required to obtain certificates from potential subcontractors and vendors using or offering equipment or fleets exceeding 25 total horsepower (HP) demonstrating compliance for Laboratory-related work in the State of California prior to award. A fleet is defined as one or more vehicles collectively exceeding 25 HP.

By submitting a proposal, offerors acknowledge the SAP and reporting requirements included in the Environmentally Preferable Products and/or Services article and General Provisions of the sample subcontract.

3.8 Notice of Sherman Antitrust Act – Federal Antitrust Enforcement This solicitation is subject to the Sherman Antitrust Act which prohibits agreements among competitors to fix prices, rig bids, or engage in other anticompetitive activity. Criminal prosecution of Sherman Act violations is the responsibility of the Antitrust Division of the United States Department of Justice.

Violation of the Sherman Act is a felony punishable by up to 10 years imprisonment and a $1 million fine for individuals and a fine of up to $100 million for corporations. In addition, collusion among competitors may also involve violations of the mail or wire fraud statute, the false statements statute, or other federal felony statutes, all of which the Antitrust Division prosecutes.

In addition to receiving a criminal sentence, a corporation or individual convicted of a Sherman Act violation may be ordered to make restitution to the victims for all overcharges. Victims of bid-rigging and price-fixing conspiracies also may seek civil recovery of up to three times the amount of damages suffered.

(END OF RFP DOCUMENT)

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