BZ-2024-07 TFD Shells.pdf

(3/13/24)

Lawrence Berkeley National Laboratory Request for Proposal Number BZ-2024-07

Test Facility Dipole Aluminum Shells

Proposal Due Date: May 1, 2024

North American Industry Classification System Code:

332999 (All Other Miscellaneous Fabricated Metal Product Manufacturing)

University Procurement Representative:

Brian Zatkow

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

University of California, Manager and Operator of Lawrence Berkeley National Laboratory Request for Proposal No. BZ-2024-07

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory ("University" or "LBNL") requests a proposal (“RFP” or “Solicitation”) for fabrication of large aluminum structures, in accordance with this RFP, Sample Subcontract, and other enclosures.

This solicitation is governed by procurement policies and procedures established under the University’s Prime Contract No. DE-AC02-05CH11231 with the U.S. Government, represented by the Department of Energy (“DOE”), for management and operation of LBNL. Proposals submitted will be treated as offers and any resulting award(s) will be a Subcontract under the University’s Prime Contract.

1.1 Scope

A key component of the Test Facility Dipole project (“TFD”) are the aluminum shells, which will contain a superconducting magnet assembly. Each of these shells must be fabricated to high precision and strict tolerances from a single forged aluminum casting in the shape of a cylinder. These fabricated shells are the subject of this solicitation.

1.2 NAICS Code and Small Business Size Standard

The North American Industry Classification System (NAICS) Code for this acquisition is 332999 (All Other Miscellaneous Fabricated Metal Product Manufacturing). The corresponding small business size standard for this acquisition is 750 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 Federal Acquisition Regulation (FAR) for information on calculating the number of employees.

2. SOLICITATION RESPONSE REQUIREMENTS AND EVALUATION FOR AWARD

2.1 General

The offeror must submit documentation illustrating their approach for satisfying the requirements of this solicitation. Failure to submit any of the information required by this solicitation may be cause for unfavorable consideration 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 2:00pm Pacific Time on Wednesday May 1, 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 sole discretion. The University reserves the right to reject any proposals, to waive any minor irregularities in any proposal, or to cancel this RFP at any time prior to award without cost to the University. The University will not directly reimburse any organization for any proposal preparation or any other costs related to this RFP.

mailto:bzatkow@lbl.gov

2.2 Offerors’ Questions

The University will respond to questions submitted in writing to the University Procurement Representative on or before 5:00pm Pacific Time on Wednesday May 24, 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

The University intends to select the responsive, responsible offeror whose proposal is determined to be technically acceptable and offers the lowest evaluated price. A responsive offeror is one whose proposal satisfies the requirements of this RFP, including the requirements of the Sample Subcontract and its incorporated documents. A responsible offeror is one that has adequate financial resources, ability to comply with the performance schedule, has a satisfactory performance record, has the necessary technical skills to be considered capable of performing and is otherwise eligible and qualified to perform the proposed Subcontract at the time of award. An offeror cannot be determined as “responsible” if it is currently ineligible for receiving new federal government prime contracts or subcontracts.

An initial review of offers will be performed by the Procurement Specialist to determine if the offer is complete. 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 criteria described in Section 2.4, below.

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 criteria not addressed). Offerors will be notified when appropriate in the interest of fair business practice and professional courtesy if their offer was determined non-responsive and/or not meeting minimum requirements and the reasons for rejection will be provided if a debrief is requested.

For those offerors which are determined to be technically acceptable, award will be made to that offeror with the lowest overall price. While the University will strive for maximum objectivity, the technical go/no go process, by its nature, is subjective; therefore, professional judgment is implicit throughout the evaluation process. Offerors must demonstrate that they meet or exceed the requirements of the Technical Specification and Sample Subcontract.

The University’s evaluation will be based on the information provided by the offeror, the University’s own experience, and/or information from the offeror’s customers and other sources. Offerors are advised that, although negotiations may follow receipt of proposals, award may be made without discussions on proposals received. Thus, proposals should be submitted initially on the most favorable terms of price, technical compliance, and completeness.

If the University determines that revised proposals are necessary, the University may solicit them from only those offerors deemed by the University (based upon evaluation of the current proposal) to have a reasonable chance to be selected for award. The University reserves the right to make no awards, a single award, or multiple awards as a result of this solicitation, if it is in the best interest of the University.

2.4 Proposal Submittal Requirements

The proposal should consist of a cover letter, technical volume, and a business volume. Offerors should submit these as separate documents.

Please submit the following items with your proposal. An explanation of each item is below.

Volume Criteria

Cover Letter Per Section 2.4.1

Technical Volume

Technical Evaluation Criteria

Criterion 1 – Manufacturing Capability

Criterion 2 – Metrology

Criterion 3 – Lead Time/Delivery Date

Criterion 4 – Past Performance

Criterion 5 – Quality Assurance

Business Volume

Non-Technical Evaluation Criteria

Representations & Certifications Enclosure

Price Proposal

Acceptance of Terms and Conditions

2.4.1 Cover Letter

The cover letter must identify the offeror’s name and address, solicitation number and title, the name(s), title(s), email address(es), and telephone number(s) of the individuals in offeror’s organization who have commitment authority on behalf of the offeror and will be responsible for contractual negotiations and administration of any resultant Subcontract.

2.4.2 Technical Volume

The technical volume should contain a comprehensive discussion of how the offeror will fulfill the technical requirements and successfully perform the Subcontract. The University will evaluate the offeror’s technical acceptability. In order to be considered technically acceptable, an offeror’s technical proposal must pass all technical criteria listed below, and failure to meet any one criterion will deem the entire proposal technically unacceptable. The possible proposal ratings are Pass (meets or exceeds requirements) or Fail (does not meet requirements).

The technical volume must demonstrate that the following acceptability standards are met or exceeded:

Criterion 1 – Manufacturing Capability The offeror must demonstrate that they possess the technical and project management capability to fabricate the shells as specified in Statement of Work DF-1001-8363 and Drawing DF-1001-0333.

The offeror must include in the proposal a detailed description of the offeror’s manufacturing equipment (including make, model, and part numbers) capable of meeting the fabrication requirements of the Statement of Work and Drawing.

Criterion 2 – Metrology The offeror must demonstrate that they possess the technical capability to demonstrate that the finished parts meet the precision and tolerance requirements of Statement of Work DF-1001-8363 and Drawing DF-1001-0333, which must include full profile scanning.

The offeror must include in the proposal a detailed description of the offeror’s metrology equipment (including make, model, and part numbers) capable of performing the Coordinate Measuring Machine (CMM) inspection requirements of the Statement of Work and Drawing. The following information must be included:

• The advertised accuracy and actual measured accuracy of the CMM equipment.

• Verification that the CMM equipment has surface scanning capabilities.

• How the CMM equipment is calibrated and the records maintained.

• Documentation verifying the CMM equipment has been calibrated to OEM guaranteed accuracy within the past twelve months.

Criterion 3 – Lead Time/Delivery Date The offeror must propose an acceptable lead time for delivery of the parts after the Subcontract is awarded.

A delivery date no more than 30 weeks after Subcontract award is desired.

Criterion 4 – Past Performance The offeror must have successfully performed recent contracts similar in type and complexity as the proposed Subcontract.

The offeror must include in its proposal a written description of at least three contracts within the last three years that demonstrate fabrication of parts that meet or exceed the tolerances of Statement of Work DF- 1001-8363 and Drawing DF-1001-0333 for parts of similar complexity and size, that were wholly or partially manufactured using the machines identified in the response to Criterion one above, including technical and/or business contact information of the customer (name, title, telephone number, and/or e-mail address).

The proposal must include the following four items for each Past Performance contract identified:

• A drawing or schematic of the part(s) produced which indicate a tolerance that meets or exceeds those in the Technical Drawings of this RFP for assemblies / parts of similar complexity (size, weight, precision).

• The quantity of parts fabricated and the time frame in which they were delivered.

• Sample test reports demonstrating that the tolerances were achieved, including surface scan measurements and ultrasonic inspection either in-house or subcontracted.

• Information on problems encountered on the identified contracts (including failure/reject rates and rework required) and the corrective action(s) taken. If no problems were encountered, include a statement to that effect.

Criterion 5 – Quality Assurance The Offeror must have an adequate Quality Management System (QMS) or Quality Assurance/Quality Control (QA) Program.

The Offeror must submit with its proposal a copy of its QMS or QA Program Manual that describes and demonstrates how QA is incorporated into its policies, processes and work activities at the corporate level, and how the Program requirements are flowed-down to lower tier subcontractors and suppliers at the project level. The QMS or QA Program may be a standalone document or QA Standard Operating Procedures (SOP) that collectively describe the QMS or QA Program. The basis for the Offeror’s QMS or QA Program should be American Society of Mechanical Engineers (ASME) Nuclear Quality Assurance (NQA-1), International Standards Organization (ISO) 9001 or other QMS/QA industry standard.

2.4.3 Business Volume

The following non-technical criteria will also be evaluated. In order to be considered responsive, an offeror’s proposal must include all non-technical criteria listed below, and failure to meet any one criterion will deem the entire proposal non-responsive. The possible proposal ratings are Pass (meets or exceeds requirements) or Fail (does not meet requirements).

2.4.3.1 Enclosures (including Representations & Certifications) The Offeror must complete the Representations and Certifications form and submit it with the business volume. Failure to submit this form will result in a determination of non-responsiveness.

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

• Sample Subcontract

• General Provisions for Commercial Supplies & Services, dated 12/22/23

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

• Lawrence Berkeley National Laboratory Statement of Work document number DF-1001-8363

• Lawrence Berkeley National Laboratory Drawing DF-1001-0333 Revision A

The design/documentation package and all associated documents, drawings, and records are owned by DOE. Documents may be obtained from LBNL via the public posting on SAM.gov or by emailing the University Procurement Representative. Use of the documents for any purpose outside of (1) responding to this solicitation or (2) a LBNL fabrication 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 Price Proposal

The price proposal must include total firm fixed prices in US Dollars, itemized as follows:

Line Part No. Description Qty Unit Price Extended Price

1 DF-1001-0333A TFD Half-Shell 2 $________ $________ 2 Freight Estimated freight charges per the

Shipping Terms in the Sample Subcontract, Article 5.

1 $________

2.4.3.3 Acceptance of Terms and Conditions

The offeror should accept the terms, conditions, general provisions, and other incorporated documents of the Sample Subcontract, including the requirement to include clauses in its lower-tier subcontracts at any tier, to the extent applicable. The Terms & 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, general provisions, or the incorporated documents of the Sample Subcontract, unless exceptions are being requested. If exceptions are requested, 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 a rationale for every exception requested, 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.

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 which 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 RFP.

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 work is performed outside the U.S. and its outlying areas or the work involves emergency operations. 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 product available from a large business concern, or more than 30% less than the price for a comparable domestic product available from a small business concern; or

2. A comparable domestic product is not commercially available in sufficient quantities of a satisfactory quality.

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 Shipping Insurance

All proposals must include the cost of shipping insurance to cover risk of loss of items in shipping. The subcontractor or their shipper shall be required to cover replacement of any and all items lost in shipping.

3.6 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.

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):

https://sftool.gov/greenprocurement https://sftool.ecomedes.com/ https://sftool.gov/learn/about/652/vendor-resources https://sftool.gov/greenprocurement

• 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 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.

(END OF RFP DOCUMENT)

https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation