CMa RFP and Sample Subcontract 3-12-24.pdf

Request for Proposal Number LBNF‐342884‐BWQ for

Long‐Baseline Neutrino Facility

Construction Manager as Advisor (CMa) Services

This Request for Proposal (RFP) consists of a model Subcontract in Sections A through J and RFP Sections K through M.

Subcontract Number for

Long‐Baseline Neutrino Facility

Construction Manager as Advisor (CMa) Services

Section A ‐ Award

A1. Identification of Parties

This Subcontract is between Fermi Research Alliance, LLC (“FRA”) and the party identified below as the Subcontractor (“Subcontractor”).

A2. Subcontract Issued Under Prime Contract

This Subcontract is issued under Prime Contract No. DE‐AC02‐07CH11359 between the United States Government (“Government”), represented by the U.S. Department of Energy (“DOE”), and FRA for the management and operation of the Fermi National Accelerator Laboratory (“FNAL or Fermilab”) and the performance of research and development work.

A3. Relationships

Nothing in this Subcontract shall be deemed as creating any relationship between FRA and Subcontractor other than that of contractor and subcontractor or buyer and seller. Subcontractor shall not interpret any clause contained herein as being binding or purporting to bind the United States Government, its officers, or its agents.

A4. General Purpose of the Subcontract

The general purpose of this Subcontract is for the acquisition of Long‐Baseline Neutrino Facility (LBNF) Construction Manager as Advisor (CMa) Services, as further described herein.

A5. Period of Performance

The period of performance of this Subcontract is specified in Section F ‐ Deliveries or Periods of Performance.

A6. Order of Precedence

Any inconsistency in this Subcontract shall be resolved by giving precedence in the following order: Section A, B, D, E, F, G, H, I, C, J.

A7. Agreement

The parties agree to perform their respective obligations in accordance with the sections, terms, and conditions, the documents referenced or incorporated herein, which constitute the entire Subcontract and shall supersede all prior negotiations, representations, or agreements, whether verbal or written.

A8. Signature

The parties have caused this Subcontract to be executed by their duly authorized agents by their signatures below.

Subcontractor

TBD Fermi Research Alliance, LLC (FRA)

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

Section B ‐ Supplies or Services and Prices

B1. Price

The Subcontractor shall provide the services required by the Statement of Work on a time‐and‐materials (T&M) basis at the ceiling price shown below:

Subcontract Line Item 1 Description T&M Ceiling Price 1 LBNF Construction Manager as Advisor

Services

FRA shall have no liability for services provided in excess of the Ceiling Price. FRA may unilaterally increase the Ceiling Price by issuing a Subcontract Modification in accordance with Attachment J‐3, FRA General Terms and Conditions for Time and Materials and Labor‐Hour Subcontracts.

B2. Time‐and‐Materials (T&M)

The Subcontractor shall provide services at the fixed hourly labor rates shown in Attachment J‐1. The fixed hourly labor rates include wages, overhead, general and administrative expenses, and profit. For the purpose of this Subcontract, “materials” means other direct costs incurred for material and other direct costs, including travel required for the performance of the Statement of Work.

B3. Total Sum Allotted

There is a Limitation of Funds available for this Subcontract as described in FAR 52.232‐22 Limitation of Funds (incorporated into this Subcontract through Attachment J‐3). FRA’s obligation under this Subcontract is contingent upon the availability of appropriated funds from which payment for Subcontract purposes can be made. No legal liability on the part of FRA for any payment may arise until funds are made available.

Subject to FAR 52.232‐22 Limitation of Funds, the funding presently allotted for payment to the Subcontractor is $__________. This funding is expected to cover work through _____, 20__.

Section C ‐ Description of Work

C1. Standards of Performance

Nothing herein shall create or be deemed to create any duty upon the Subcontractor (or the personnel assigned by the Subcontractor) to supervise the construction means and methods or the safety procedures of any person or entity, including FRA, any of FRA’s contractors or Subcontractors, or the employees or agents of these entities. The standard of performance shall be in accordance with Attachment J‐3, FRA General Terms and Conditions for Time and Materials or Labor‐Hour Subcontracts, Clause 3 – Standards of Performance (Services).

C2. Technical Reports

The Subcontractor shall prepare and submit to the Procurement Specialist and/or distribute, as directed by the Procurement Specialist, such reports concerning technical aspects of work under this Subcontract, in such quantity and form (including detail) and at such times, as may be specified in this Subcontract, or as may otherwise be specified by the Procurement Specialist.

C3. Conduct of Employees

The Subcontractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary. The Subcontractor shall immediately remove from the work under this Subcontract the personnel assigned by the Subcontractor if, in the reasonable discretion of FRA, the personnel are found to be unsatisfactory in technical performance or personal conduct.

C4. Statement of Work

The Subcontractor shall perform the work in accordance with the Statement of Work in Attachment J‐2.

Section D ‐ Packaging and Marking

D1. Packaging and Marking

Unless otherwise stated in the Subcontract, the Subcontractor shall adequately package and mark all material, drawings, or other items required under this Subcontract to prevent damage during shipment to FRA.

Section E ‐ Inspection and Acceptance

E1. Inspection and Acceptance

Inspection and acceptance shall be in accordance with the Statement of Work in Attachment J‐2 and applicable clauses in Section I.

Section F ‐ Deliveries or Periods of Performance

F1. Period of Performance

The period of performance of this Subcontract is from the date of award (on or about January of 2025) through April 30, 2031.

Section G ‐ Subcontract Administration Data

G1. Subcontract Administration

a. FRA’s Procurement Specialist for this Subcontract is shown below. The Procurement Specialist or their designate is the only person authorized to make changes in the terms, conditions, and requirements of this Subcontract or make modifications to this Subcontract, including changes or modifications to the Statement of Work. The Subcontractor shall direct all notices and requests for approval required by this Subcontract to the Procurement Specialist at the following address:

FRA Procurement Specialist Brian Quinn Email: bquinn@fnal.gov Phone: (630) 840‐5777

Fermi Research Alliance, LLC Attention: Brian Quinn Kirk Road and Wilson Street P.O. Box 500–Mail Station #123 (WH 13E) Batavia, IL 60510‐0500

b. Any notices and approvals required by this Subcontract from FRA to the Subcontractor shall be issued by the

FRA Procurement Specialist.

c. FRA’s Technical Representative for this Subcontract is shown below. The Technical Representative is the person designated to monitor the Subcontract work and to interpret and clarify the technical requirements of the Statement of Work. The Technical Representative is not authorized to make changes to the work or modify any of the terms and conditions, including the schedule and the pricing of this Subcontract.

FRA Technical Representative John Szott Email: jszott@fnal.gov Phone: (630) 840‐8435

Attention: John Szott Kirk and Pine Street Mail Station 123 Batavia, IL 60510

d. Unless otherwise stated in the Subcontract, reports required by the Subcontract shall be separately submitted to the FRA Procurement Specialist and the FRA Technical Representative. Unless otherwise stated in the Subcontract, the reports shall be submitted by email.

mailto:bquinn@fnal.gov mailto:jszo mailto:tt@fnal.gov

G2. Notification of Potential Changes

The Subcontractor shall provide notification to FRA of potential changes to this Subcontract. The primary purpose of this clause is to obtain prompt reporting by the Subcontractor of circumstances or FRA actions that the Subcontractor considers to constitute a change to this Subcontract. The Subcontractor shall notify the FRA Procurement Specialist in writing of any actions, inactions, or communications by FRA that the Subcontractor regards as a potential change to the Subcontract. This notice requirement does not apply to formal change orders identified as such in writing and signed by the FRA Procurement Specialist pursuant to the Subcontract’s Changes clause. The Subcontractor shall provide the notice promptly, but no later than 10 calendar days from the date that the Subcontractor identifies the potential change. Based on the most accurate information available to the Subcontractor, the notice shall state:

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each FRA individual and Subcontractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; and

(5) The elements of Subcontract performance for which the Subcontractor may seek an equitable adjustment under this clause.

G3. Invoices

All invoices shall be emailed to apinvoices@fnal.gov with a copy to the Procurement Specialist at bquinn@fnal.gov.

The subject line of the email shall state the Subcontractor’s name and the Subcontract number.

G3.1 General Invoice Requirements

Invoices shall be sent electronically to APINVOICES@FNAL.GOV.

Invoices shall contain the following information:

1. Subcontractor name as stated in the Subcontract

2. Remittance address

3. Telephone number and/or email address of person requesting payment

4. Subcontractor’s statement that the invoice is correct

5. FRA purchase order/Subcontract number

6. Invoice number

7. Invoice date

8. Total invoice amount

9. Description of services completed

10. Dates of services completed

11. Payment terms

12. Other documentation as required by the Subcontract

G3.2 Additional Invoice Documentation Required for T&M Type Subcontracts

All invoices for labor shall show the classifications furnished and the consolidated number of hours worked by each classification. Time shall be charged to the tenth of an hour. Consolidated invoices for labor and other costs submitted for payment shall indicate the number of hours worked by date. Subcontractor shall maintain detailed, complete, and accurate accounting records.

mailto:apinvoices@fnal.gov mailto:APINVOICES@FNAL.GOV

G3.3 Special Invoice Requirements

a. Invoices shall be submitted no more than monthly. No partial payment requests will be considered for hours worked.

b. All invoices shall be emailed to apinvoices@fnal.gov and to the Procurement Specialist at bquinn@fnal.gov. The subject line of the email shall state the Subcontractor’s name and the Subcontract number.

c. All invoices shall include: Subcontract number, Subcontractor’s name (including business heading or logo), invoice date, unique invoice number, and remittance address; and should sufficiently identify and support the payment requested.

G4. Payments Under T&M Subcontract

FRA will pay the Subcontractor as follows upon the submission of vouchers approved by the FRA Procurement Specialist:

(a) Hourly rate.

(1) Hourly rate means the rate(s) prescribed in Section B ‐ Time and Materials Ceiling Price and Fixed

Hourly Rate Schedule, of the Subcontract for payment for labor that meets the labor category qualifications of a labor category specified in the Subcontract that are—

(i) Performed by the Subcontractor;

(ii) Performed by Subcontractors of the Subcontractor; or

(iii) Transferred between divisions, subsidiaries, or affiliates of the Subcontractor under a common control.

(2) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in Attachment J‐1 by the number of direct labor hours performed.

(3) The hourly rates shall be paid for all labor performed on the Subcontract by employees that meet the labor qualifications specified in the Subcontract. Labor hours incurred to perform work specified in the Subcontract will not be paid to the extent the work is performed by employees that do not meet the qualifications specified in the Subcontract, unless specifically authorized by the FRA Procurement Specialist.

(4) The hourly rates shall include wages, indirect costs, general and administrative expenses, and profit.

Fractional parts of an hour shall be payable on a prorated basis.

(5) Vouchers may be submitted, not more than once monthly, to FRA Accounts Payable for review by the FRA Procurement Specialist. The Subcontractor shall substantiate vouchers (including any lower‐tier Subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by—

(i) Individual daily job timekeeping records;

(ii) Records that verify the employees meet the qualifications for the labor categories specified in the Subcontract; or

(iii) Other substantiation approved by the FRA Procurement Specialist.

mailto:apinvoices@fnal.gov

(6) Promptly after receipt of each substantiated voucher, FRA shall, except as otherwise provided in this Subcontract, and subject to the terms of paragraph (d) of this clause, pay the voucher as approved by the FRA Procurement Specialist.

(7) The hourly rates in Attachment J‐1 shall not be varied by virtue of the Subcontractor having performed work on an overtime basis.

(b) Materials.

(1) For the purposes of this clause, “materials” means other direct costs for materials and other direct costs including travel required in the performance of the Subcontract.

(2) Except as provided for in paragraph (b)(2) of this clause, the FRA will reimburse the Subcontractor for allowable cost of materials provided the Subcontractor has made payments for materials in accordance with the terms and conditions of the Subcontractor’s Subcontract agreement or invoice.

(3) Payment for materials is subject to the allowable cost principles in Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this Subcontract.

(4) FRA will not reimburse the Subcontractor for indirect costs, which may be allocable to the acquisition of materials, pursuant to the Subcontractor’s accounting system.

(5) FRA will not pay profit or fees for incurred material costs, which are reimbursable under this Subcontract.

(6) To the extent able, the Subcontractor shall obtain materials at the most advantageous costs available with due regard to securing prompt provision of satisfactory materials.

(c) Total Cost. It is estimated that the total cost to FRA for the performance of this Subcontract shall not exceed the Ceiling Price set forth in Section B, and the Subcontractor agrees to use its best efforts to perform the work required by this Subcontract and all obligations under this Subcontract within such a Ceiling Price. If at any time the Subcontractor has reason to believe that the fully burdened hourly rate payments and material costs that will accrue in performing this Subcontract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 75 percent of the Ceiling Price specified in Section B, the Subcontractor shall notify the FRA Procurement Specialist giving a revised estimate of the total cost to FRA for performing this Subcontract with supporting reasons and documentation. If at any time during performing this Subcontract, the Subcontractor has reason to believe that the total cost to FRA for performing this Subcontract will be substantially greater or less than the stated Ceiling Price, the Subcontractor shall so notify the FRA Procurement Specialist, giving a revised estimate of the total cost for performing this Subcontract, with supporting reasons and documentation. If at any time during performing this Subcontract, FRA has reason to believe that the cost of work to be required in performing this Subcontract will be substantially greater or less than the stated Ceiling Price, the FRA Procurement Specialist will so advise the Subcontractor, giving the then revised estimate of the total amount of effort to be required under the Subcontract.

(d) Ceiling Price. FRA will not be obligated to pay the Subcontractor any amount in excess of the Ceiling Price specified in Section B, and the Subcontractor shall not be obligated to continue performance if to do so would exceed the Ceiling Price set forth in Section B, unless and until the FRA Procurement Specialist notifies the Subcontractor in writing that the Ceiling Price has been increased and specifies in the notice a revised Ceiling Price that shall constitute the Ceiling Price for performance under this Subcontract. When and to the extent that the Ceiling Price set forth in Section B has been increased, any hours expended and material costs incurred by the Subcontractor in excess of the Ceiling Price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the Ceiling Price.

(e) Audit. At any time before final payment under this Subcontract, the FRA Procurement Specialist may request audit of the vouchers and supporting documentation. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding vouchers, that are found by the FRA Procurement Specialist or authorized representative not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. Upon receipt and approval of the voucher designated by the Subcontractor as the “completion voucher” and supporting documentation, and upon compliance by the Subcontractor with all terms of this contract (including, without limitation, terms relating to patents and the terms of paragraph (d) of this clause), FRA shall promptly pay any balance due to the Subcontractor. The completion voucher, and supporting documentation, shall be submitted by the Subcontractor as promptly as practicable, following completion of the work under this Subcontract, but in no event later than 120 days (or such a longer period as the FRA Procurement Specialist may approve in writing) from the date of completion.

(f) Release of Claims. The Subcontractor shall execute and deliver, at the time of and as a condition precedent to final payment under this Subcontract, a release discharging FRA, its officers, agents, and employees of, and from all liabilities, obligations, and claims arising out of or under this Subcontract.

G5. Payment Schedule

FRA shall pay the Subcontractor, upon the submission of proper invoices, for hours incurred in the performance of the Subcontract in accordance with the Fixed Hourly Rate Schedule specified in Attachment J‐1 and in accordance with Attachment J‐3, FRA General Terms and Conditions for Time and Materials or Labor Hour Subcontracts, Clause 2 – Payment (T&M or Labor‐Hour). Invoices shall be submitted on a monthly basis and reflect all hours worked for the previous month, as well as the total amount of the Subcontract remaining. FRA shall reimburse the Subcontractor for the reasonable cost of “materials” incurred and documented in the performance of the

G6. Closeout

The Subcontractor shall, as a condition of full payment, assist FRA after the completion of the work in accomplishing the administrative closeout of this Subcontract, including, as necessary or required, the furnishing of documentation and reports, the disposition of property, the disclosure of any inventions, the execution of any required assignment or release documents, the performance of any audits, and the settlement of any interim or disallowed costs.

Section H ‐ Special Subcontract Requirements

H1. Key Personnel

It is understood and agreed that the Subcontractor's key personnel designated below are considered to be essential to the work being performed hereunder and shall not be reassigned or replaced without prior FRA approval, except where such circumstances are beyond the reasonable control of the Subcontractor. Assignment of replacement Key Personnel for any reason shall be subject to FRA consent to replacement personnel, which consent shall not be unreasonably withheld. The Subcontractor shall notify FRA Procurement Representative reasonably in advance and shall submit qualifications of proposed replacement personnel and justification in sufficient detail to permit evaluation of the impact on the performance of this Subcontract. Replacements shall be proposed in a timely manner consistent with the needs of the project.

Title Name

Project Manager Deputy Project Manager Construction ES&H Manager Construction Quality Control Coordinator Cost Manager Scheduler

H2. Other Project Personnel

It is understood and agreed that the Subcontractor’s personnel, other than the those listed in Section H1., listed in the Labor Categories in Attachment J‐1 will be required to perform work under this subcontract and shall not be reassigned or replaced without prior FRA approval, except where such circumstances are beyond the reasonable control of the Subcontractor. The Subcontractor shall notify FRA Procurement Representative reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the performance of this Subcontract.

H3. Supervision

FRA employees shall not direct or supervise Subcontractor’s employees, either directly or indirectly. The Subcontractor is solely responsible for directing and supervising its employees.

H4. Additional Requirements

Subcontractor compliance with all the orders, regulations, plans, manuals, and other directives listed in the Statement of Work and in the incorporated documents is a material term of this Subcontract.

H5. Small Business Subcontracting Plan

The Subcontractor’s Small Business Subcontracting Plan is incorporated at Attachment J‐7.

H6. Technical Direction

(a) Performance of the work under this Subcontract shall be subject to the technical direction of the FRA Technical Representative. The term “technical direction” is defined to include, without limitation:

(1) Providing direction to the Subcontractor that redirects Subcontract effort, shifts work emphasis between work areas or tasks, requires pursuit of certain lines of inquiry, fills in details, or otherwise serves to accomplish the contractual Statement of Work.

(2) Providing written information to the Subcontractor that assists in interpreting drawings, specifications, or technical portions of the work description.

(3) Reviewing and, where required by the Subcontract, approving, technical reports, drawings, specifications, and technical information to be delivered by the Subcontractor to FRA.

(b) John Szott is the FRA Technical Representative.

(c) Technical direction must be within the scope of work stated in the Subcontract Statement of Work. The FRA

Technical Representative does not have the authority to, and may not, issue any technical direction that—

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the Subcontract clause entitled “Changes”;

(3) In any manner causes: an increase or decrease in the Ceiling Price of the Subcontract or changes the period of performance of the Subcontract specified in Section F;

(4) Changes any of the expressed terms, conditions, or specifications of the Subcontract; or

(5) Interferes with the Subcontractor’s right to perform under the terms and conditions of the

(d) All technical direction shall be issued in writing by the FRA Technical Representative.

(e) The Subcontractor must proceed promptly with the performance of technical direction duly issued by the FRA Technical Representative in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Subcontractor, any instruction or direction by the FRA Technical Representative falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Subcontractor must not proceed and must notify the FRA Procurement Specialist in writing within 5 working days after receipt of any such instruction or direction and must request that the FRA Procurement Specialist modify the Subcontract accordingly. Upon receiving the notification from the Subcontractor, the FRA Procurement Specialist must—

(1) Advise the Subcontractor in writing within 30 days after receipt of the Subcontractor’s letter that the technical direction is within the scope of the Subcontract effort and does not constitute a change under the Changes clause of the Subcontract;

(2) Advise the Subcontractor in writing within a reasonable time that FRA will issue a written change order;

or

(3) Advise the Subcontractor in writing within a reasonable time not to proceed with the instruction or direction of the FRA Technical Representative.

(f) A failure of the Subcontractor and FRA Procurement Specialist either to agree that the technical direction is within the scope of the Subcontract or to agree upon the Subcontract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

Section I ‐ Subcontract Clauses

I1. General Clauses

The documents listed in Attachments J‐1 through J‐6 are incorporated into the Subcontract. The clauses listed in those attachments shall be applicable to this Subcontract as stated therein based on the value of the Subcontract, the status of the Subcontractor, and the nature and location of the work. The Subcontractor shall flow down to sub‐tier Subcontractors the clauses as specified in those attachments. In addition to the above, FAR 52.245‐1 Government Property shall be applicable.

Section J ‐ List of Documents, Exhibits, and Other Attachments

J1. Incorporated Documents

The following documents are incorporated as a part of this Subcontract.

Number Description/Title Revision and/or Date J‐1 Negotiated Labor and Other Direct Costs TBD J‐2 Statement of Work for NSCF Construction Manager as Advisor March 12, 2024 J‐3 FRA General Terms and Conditions for Time and Materials for Labor‐

Hour Subcontracts July 2023

J‐4 Insurance Requirements for Professional Services June 2022 J‐5 Organizational Conflicts of Interest Provisions (FL‐57B) January 2007 J‐6 FESHM Exhibit A Subcontractor ES&H for Services Subcontracts December 2017 J‐7 Small Business Subcontracting Plan TBD

Section K ‐ Representations and Certifications

(PUR‐466 Representations and Certifications form from Subcontractor will be added here upon award)

Section L ‐ Instructions, Conditions, and Notices to Offerors

The following requirements must be adhered to for the Offeror’s submission of a proposal to Fermi Research Alliance (FRA) in support of this specific requirement:

L1. Instructions for Proposal

The Offeror shall complete the Request for Proposal Submittals Checklist, provided as an attachment to this RFP, ensuring all required items are included in the response. The Offeror shall submit a proposal in two parts; Part I – Technical Proposal and Part II – Cost/Business Management Proposal (as two separate submittals in pdf format).

Each of the parts shall be separate and complete in itself, so that evaluation of one may be accomplished independently of and concurrently with evaluation of the other. In no instance shall Part I and Part II be bound together or presented in such a manner as to make them not severable. The Technical Proposal shall not contain any reference to cost. It must disclose your project approach in as much detail as possible including, but not limited to, the requirements of the Technical Proposal instructions.

Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective proposal are not desired and may be construed as an indication of the Offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor wanted. Proposals should be prepared with maximum economy, consistent with this particular procurement, to ensure that the resources of both Offerors and Laboratory Evaluators are efficiently utilized. The signed proposal shall be submitted electronically to bquinn@fnal.gov for evaluation. The email shall contain separate attachments for the Technical Proposal, the Cost Proposal, and the Business/Management Proposal. Submissions not conforming to all the requirements of this solicitation may result in rejection of your offer.

Technical Proposal Preparation Instructions:

The Technical Proposal should be submitted in accordance with Section M ‐Evaluation Factors for Award.

Proposal responses from Offerors that have not attended the mandatory Pre‐Proposal Conference will be considered not responsive and therefore removed from further consideration for award.

Cost Proposal Preparation Instructions:

The Offeror shall propose a T&M Ceiling Price in consideration for the performance of the work specified in the Statement of Work in Attachment J‐2.

The Offeror shall propose a T&M fixed hourly rate schedule. A template for the fixed hourly rate schedule is contained in this RFP titled “Cost Proposal Form.” A Microsoft Excel version of the template is provided for the Offeror’s convenience and use. The Offeror shall provide resumes for all personnel that the Offeror proposes to use in the performance of the Subcontract and who are named on the proposed rate schedule.

The Cost Proposal Form represents FRA’s best estimate at the level of support required for the project.

However, FRA recognizes that the respondent brings experience and expertise in Construction Management and as a result may elect to submit an Alternate Proposal that departs from FRA’s stated requirements. Any Alternate Proposal must be submitted in addition to an Offeror’s FRA‐prescribed proposal. If an Alternate Proposal is submitted, it shall clearly identify why the acceptance of the proposal would be advantageous to FRA. FRA reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements. If an Alternate Proposal is submitted, the Offeror shall submit a corresponding Cost Proposal Form that aligns with its Alternate

Proposal. Alternate Proposals must follow the same direction above, clearly segregating the Alternate Technical Proposal and the Alternate Cost Proposal.

The Offeror shall support its proposed cost based on the FRA‐provided estimate of hours for various labor categories for the time frames indicated on the Cost Proposal Form. The Offeror shall also provide an estimate of any materials or other direct costs as indicated on the Cost Proposal Summary Page and factor these items into the total estimated cost.

Offerors are cautioned that any proposal may be rejected as nonresponsive if it is materially unbalanced as to the costs. FRA may determine that a proposal is materially unbalanced when it is based on costs that are significantly less than cost for some work and costs that are significantly overstated for other work.

Contractual Proposal Preparation Instructions:

The contractual proposal shall include the completed:

• Representations and Certifications forms provided in Section K of this RFP, including:

o Subcontractor Annual Representations and Certifications (SARC) form;

o Proposal Certifications (PUR‐466) form;

o Organizational Conflicts of Interest (OCIs) Certification (FL‐11) form, with any additional correspondence required. OCI instructions are provided in Item L3 below.

• List of authorized negotiator(s) and contact information.

• Any written exceptions or proposed changes to the terms and conditions or requirements of the model Subcontract contained in this RFP.

• Small Business Subcontracting Plan, in accordance with FAR Clause 52.215‐9, Small Business

Subcontracting Plan (Aug. 2018). Small businesses are exempt from this requirement. See attached FL‐ 55 form.

L2. Proposal Evaluation

After FRA’s initial review and evaluation of the proposal, FRA may engage the Offeror in discussions regarding the proposed fixed hourly rate schedule and T&M Ceiling Price and any proposed changes to the terms and conditions or requirements specified in the model Subcontract.

L3. Organizational Conflicts of Interest Disclosure for Advisory and Assistance Services Instructions

(a) “Organizational Conflicts of Interest” (OCIs) means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to Fermilab or the Government, or the person’s objectivity in performing the Subcontract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

(b) The Offeror shall provide the statement described in paragraph (c) below. The FL‐11, “Organizational Conflict of Interest (OCI) Certification,” contained in Section K of this RFP may be used to fulfill this requirement.

(c) A statement must contain the following:

(1) A statement of any past (within the past 12 months), present, or currently planned financial, contractual, organizational, or other interests relating to the performance of the statement of work. For contractual interests, such statements must include the name, address, telephone number of the client or client(s), a description of the services rendered to the previous client(s), and the name of a responsible officer or employee of the Offeror who is knowledgeable about the services rendered to each client, if, in the 12 months preceding the date of the statement, services were rendered to Fermilab or the Government or any other client (including a foreign government or person) respecting the same subject matter of the instant solicitation, or directly relating to such subject matter. The agency and Subcontract number under which the services were rendered must also be included, if applicable. For financial interests, the statement must include the nature and extent of the interest and any entity or entities involved in the financial relationship. For these and any other interests, enough such information must be provided to allow meaningful evaluation of the potential effect of the interest on the performance of the Statement of Work.

(2) A statement that no actual or potential conflict of interest or unfair competitive advantage exists with respect to the advisory and assistance services to be provided in connection with the instant Subcontract or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the Subcontract in question has been communicated as part of the statement required by (b) of this provision.

(d) Failure of the Offeror to provide the required statement may result in the Offeror being determined ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of penalties associated with false statements or such other provisions provided for by law or regulation.

L4. Proposal Response and Due Date and Time

The Offeror shall submit its proposal via email to Brian Quinn at bquinn@fnal.gov no later than 3:00 pm Central Time on Wednesday, May 8, 2024.

L5. Inquiries and Questions

Direct all cost/contractual and technical questions that you may have regarding this RFP in writing via email to bquinn@fnal.gov. The Offeror shall reference the solicitation number in the subject line of the email correspondence. The person designated below shall be the only contact for all inquiries regarding any aspect of this RFP and its requirements.

Attention: Brian Quinn

Procurement Specialist IV Phone: (630) 840‐5777 Email: bquinn@fnal.gov

Responses to questions, which involve an interpretation or change to this RFP, will be issued in writing by an RFP amendment. All such amendments issued by FRA prior to the time that the proposal is received shall be considered part of the RFP. Only additional information provided by formal written amendment shall be binding. Oral and other interpretations or clarifications will be without legal effect.

L6. Additional Terms and Conditions

The articles, terms, conditions, and provisions provided herein generally conform with those normally issued by this office and are compliant with FRA’s Prime Contract with the DOE or with public law. Exceptions, requested changes, or requests for waivers by the Offeror may delay any resultant award. There is no certainty that any requested changes will be incorporated in the awarded Subcontract.

L7. Amendment

FRA reserves the right to issue amendments to the RFP at any time prior to the due date, for any reason.

L8. Release of Claims, Liability, and Preparation Expenses

Under no circumstances shall FRA be responsible for any proposal preparation expenses, submission costs, or any other expenses, costs, or damages, of whatever nature incurred as a result of the Offeror’s participation in this RFP process. Offeror understands and agrees that the Offeror submits its proposal at its own risk and expense and releases FRA from any claim for damages or other liability arising out of the RFP and awards process.

L9. Exceptions

If exceptions are taken, the Offeror shall identify the section or attachment of the RFP and paragraph or clause designation that the Offeror is taking exception to. The reason for any exception(s) shall be clearly stated in the Offeror’s proposal. Exceptions may cause your offer to not be accepted.

L10. Authorized Negotiators

The Offeror shall provide the name of a person or persons authorized to negotiate on its behalf with FRA in connection with this RFP (list names, titles, email addresses, and telephone numbers of the authorized negotiators).

L11. Errors in Proposals

FRA shall not be liable for any errors in the Offeror’s proposal. Except during negotiations initiated by FRA, no modifications to the proposal shall be accepted from the Offeror after the Submittal Date. The Offeror is responsible for careful review of its entire proposal to ensure that all information, including pricing, is correct and complete. The Offeror is liable for all errors or omissions contained in the Offeror’s proposal.

L12. Responsible Offeror

FRA reserves the right to award a Subcontract only to a responsible Offeror. A responsible Offeror is defined as a company that demonstrates the financial ability, resources, skills, capability, willingness, and business integrity necessary to perform the Subcontract. FRA determination of whether the Offeror is responsible is at FRA’s sole discretion.

L13. Issuance of RFP and Award Process

FRA may award a Subcontract on the basis of the proposal initially submitted, without discussion, clarification, or modification, or on the basis of negotiation with the Offeror.

L14. Subcontract Award

Issuance of the RFP does not compel FRA to make an award. FRA reserves the right to accept or reject the Offeror’s proposal if that is determined to be in its best interest. A decision may be made without discussion; and hence, your proposal should be submitted initially on the most favorable terms. Proposed award is based on a continuing program requirement and the issuance of obligation authority from the Procurement Department of FRA. Any subsequent award issued by FRA shall be constituted in writing from authorized representatives of the Procurement Department.

No other representatives of FRA are authorized to issue contracts or agreements or bind FRA to any form of agreement or understanding. The authorized Procurement Department official is the only individual who can legally commit FRA to the expenditure of funds in connection with this proposed procurement.

L15. Projected Award Date

For information purposes, FRA expects to make an award on or about January of 2025.

L16. Subcontracting

The Offeror shall propose a fixed hourly rate for any lower‐tier Subcontract personnel to be employed in the performance of the FRA Subcontract with the Offeror.

L17. Notification of Award

If FRA awards a Subcontract as a result of this RFP, FRA will deliver to the Offeror a notice of award.

The resulting Subcontract shall consist of:

(1) The terms, conditions, and requirements in the model Subcontract contained in this RFP.

(2) Any amendments issued to the model Subcontract by FRA pursuant to this RFP.

(3) Any mutually agreed upon written modifications to the terms, conditions, specifications, and requirements to this RFP or to the proposal.

Section M ‐ Evaluation Factors for Award

1.0 Basis for Subcontract Award

1.1 FRA expects to award a Subcontract to an Offeror who is deemed responsive and responsible, whose proposal conforms to this solicitation’s requirements, and whose proposal is judged to represent the best value to FRA.

1.2 FRA will use a Tradeoff source selection method. The best value is represented by the most advantageous proposal, cost, and other factors considered. Offerors are advised that a proposal meeting the solicitation requirements with the lowest evaluated cost may not be selected if award to a higher evaluated cost proposal is determined to be most advantageous to FRA.

1.3 FRA expects to award only one Subcontract as a result of this solicitation. However, FRA may reject any or all proposals and not make any award based on this solicitation.

FRA may waive any informality or minor irregularity in proposal(s) received at its sole discretion. At its discretion, FRA may accept a proposal not conforming to the prescribed format if FRA determines that it is in the best interest of FRA and the DOE.

1.4 FRA reserves the right to award without discussions with Offerors. Accordingly, Offerors should submit their best proposals.

2.0 Mandatory Requirements

2.1 The following are the Mandatory Requirements. Unless otherwise indicated, these requirements refer to the Offeror as a company, not specific individuals.

1. Submittal of all items listed under Enclosures in RFP Cover Letter.

2. Evidence of annual revenues greater than $50 million for each of the past five (5) years. If partnering with other firms, show total amount of all firms to demonstrate compliance with this requirement.

3. EMR less than 1.0.

4. Corporate Quality Assurance/Quality Control Plan in accordance with an internationally recognized standard (ISO 9001 or equivalent).

5. Submitted list of potential primary Subcontractors/subconsultants.

6. Submitted list of key personnel with resumes for the following roles: Project Manager, Deputy Project

Manager/Project Engineer, Environment, Safety, and Health (ES&H) Manager, Quality Control Coordinator, Cost Manager, and Scheduler.

7. Attendance at mandatory Pre‐Proposal Conference.

2.2 If an Offeror’s proposal does not meet the Mandatory Requirements, FRA will not evaluate the proposal.

FRA will notify the Offeror that its proposal will not be evaluated.

3.0 Technical Evaluation Factors

Each proposal shall be evaluated relative to the following factors. The evaluation factors are listed in descending order of importance. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price.

1. Criterion 1: Project Approach and Demonstrated (preferred) Project Experience

Subfactor I. Three completed projects, each with a construction value of $200 million or greater, over the past 10 years. Include summary of project details including scope, reference with contact information.

Subfactor II. Three completed projects over the past 10 years demonstrating deep surface excavation experience of a similar scope and magnitude. Include summary of project details including scope, reference with contact information.

Subfactor III. Three completed projects over the past 10 years demonstrating deep foundation systems of a similar scope and magnitude. Include summary of project details including scope, reference with contact information.

Subfactor IV. Three completed projects over the past 10 years demonstrating complex concrete structures or mass concrete placements of a similar scope and magnitude. Include summary of project details including scope, reference with contact information.

Subfactor V. Demonstrated experience in overseeing construction subcontractors’ implementation of QA/QC programs over the past 5 years.

Subfactor VI: Unique Approach: Provide a narrative describing client‐centered approach, processes, procedures, tools, or other methodologies designed to control cost, manage schedule, add value, and otherwise benefit FRA given the scope of work and the compensation structure (T&M) indicated in this RFP. Provide your firm’s overall staffing plan to fulfill the roles and responsibilities identified in the scope of work. Note: This section will not be part of the evaluated Cost Proposal; rather, it is designed to elicit information from the Offeror describing how their combination of resources, experience, and professionalism translates into an actionable approach to the work sought under this RFP and how the Offeror’s approach will benefit FRA, including but not limited to cost and schedule management. If Offeror response to this Subfactor requires a cost response that differs from the FRA‐ provided format, Offeror may submit an Alternate Proposal along with their proposal utilizing the cost format that reflects their alternate approach. A response utilizing the FRA‐provided cost format must still be utilized in order to evaluate proposals in a standardized manner.

2. Criterion 2: Project Management

Subfactor I. Project Manager: Twenty years (preferred) of demonstrated project management experience indicating the ability to manage projects $200 million or greater (preferred). Demonstrated experience managing projects with deep surface excavation and/or complex concrete structures.

Subfactor II. Deputy Project Manager or Project Engineer: Ten years (preferred) of demonstrated project management experience indicating the ability to manage projects $100 million or greater (preferred). Demonstrated experience managing projects with deep surface excavation and/or complex concrete structures.

Subfactor III. Construction ES&H Manager: Fifteen years (preferred) of demonstrated ES&H experience indicating the ability to manage safety programs on projects $200 million or greater (preferred). Demonstrated experience managing safety programs on projects with deep surface excavation and/or complex concrete structures. Must be OSHA 30‐hour certified or have the ability to attain it prior to mobilization.

Subfactor IV. Construction Quality Control Coordinator: Ten years (preferred) of demonstrated quality control (QC) experience indicating the ability to manage QC programs on projects $200 million or greater (preferred). Demonstrated experience managing QC programs on projects with deep surface excavation and/or complex concrete structures. Must have U.S. Army Corps of Engineers Construction Quality Management training or the ability to attain it prior to mobilization.

Subfactor V. Cost Manager: Ten years (preferred) of demonstrated project cost experience indicating the ability to manage costs and estimating on projects $200 million or greater (preferred).

Subfactor VI. Scheduler: Ten years (preferred) of demonstrated project scheduling experience indicating the ability to manage scheduling on projects $200 million or greater (preferred).

3. Criterion 3: Corporate Execution

Subfactor I. ESH Corporate Program and Quality Assurance Corporate Program.

A. ES&H Program:

The Offeror shall submit their Corporate Environmental Safety and Health Program. The elements of each Offeror’s ES&H Program will be reviewed and evaluated based on the scope of work and evidence of compliance with DOE 10CFR851 Subpart C which includes OSHA 29CFR1910, and 29CFR1926. Offerors shall also submit the Subcontractor Safety Information Questionnaire Form (listed under Mandatory Requirements), for which FRA will review the past three years of company DART and TRCR information.

B. QA Corporate Program:

The Offeror shall submit their QA Corporate Program. The Offeror will be evaluated on its Quality Assurance plan specific to the requirements of the Statement of Work for continued surveillance of the functional areas affecting the quality of contract operations, for reviewing established procedures with the goal of their continuous improvement, and focusing on activities with the highest potential for having an adverse impact on accomplishing the mission.

Subfactor II. Portion of Offeror project team located within a fifty (50) mile radius of Fermilab.

Describe the percentage of individuals that will be based in the local vicinity of Fermilab as well as describe the labor categories that will be provided locally. FRA preference is that the majority (over 50%) of the project team should be located within fifty (50) mile radius of Fermilab. FRA prefers a higher percentage of individuals based in the local vicinity of Fermilab.

Subfactor III. Corporate Resources and Expertise: Provide a narrative that describes how the proposing team’s corporate resources in excess of those proposed for this project are available for the purpose of providing backup for assigned personnel, facilities and financial resources. Identify the resources that provide an overall benefit to the project that will help ensure completing the project work within the budget and schedule provided by the Offeror.

4.0 Oral Presentations

FRA may elect to hold oral presentations. Offerors determined to be in the competitive range shall be invited.

Evaluators may use presentations to refine or revise their technical scores of the proposals.