EXHIBIT I - Instructions to Offerors.pdf

FESS-338500-GD

EXHIBIT I – Instructions to Offerors

Instructions to Offerors

PROPOSER REQUIREMENTS for TECHNICAL and PRICE/COST SUBMITTAL for

Time and Material Excavation Related Services

(Davis-Bacon Act T&M Releases)

REQUEST FOR PROPOSAL

This is an invitation to submit a proposal in accordance with the solicitation requirements provided herein. It should be noted that these required services may be procured utilizing the proposed Task Release process or through competition or other means. It is FRA’s intent to award Task Order Contract(s) which would provide for the issuance of individual Time and Material Releases. The successful Subcontractor shall provide all labor, equipment, materials, supplies, transportation, qualified supervision, and all other incidentals necessary to perform EXCAVATION and related services.

Time and Materials Task Releases shall not exceed $150,000. Based on historical data, FRA may issue approximately Seventy-Five Releases per year with a potential aggregate annual value in the range of Five Thousand Dollars ($5,000) to One Hundred Fifty Thousand Dollars ($150,000). This estimate is provided for planning purposes only and does not constitute a commitment on the FRA’s part. Notwithstanding the foregoing, the successful Offeror is not guaranteed any minimum dollar amount per year under this contract.

The successful Time and Material Subcontractor shall not perform concurrent fixed price and time and material work at the same site. Sites are defined as physically separate buildings, facilities, roadways, structures, and plant facilities.

1.0 INQUIRIES (See paragraph 1, Instructions to Offerors):

1.1 Any prospective offeror may request the opportunity to discuss, review, and/or inspect, on the Fermilab site, examples of job-related requirements/equipment particular to this Request for Proposal (RFP) by contacting the FRA Procurement Specialist, Gemar Dutollo at gdutollo@fnal.gov

1.2 During the inspection, questions concerning matters involved in the performance of work under the resulting Subcontract shall be answered. However, nothing said or done during the inspection shall be considered as altering, modifying, or qualifying any Subcontract resulting from this RFP unless such change is made in writing by the Procurement Specialist.

1.3 Direct any question that you may have concerning this RFP in writing to:

Fermi National Accelerator Laboratory P. O. Box 500 / Mail Station 210 Batavia, Illinois 60510

TEL: 630.840.4007

EMAIL: gdutollo@fnal.gov Attention: Mr. Gemar Dutollo - Procurement Specialist

2.0 PROPOSALS OR QUOTATIONS

2.1 Proprietary data: Clearly indicate proprietary data in a proposal that you do not want disclosed to the public, and to be used by FRA or the Government for evaluation purposes.

2.2 Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the Offeror's or Quoter’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor wanted.

3.0 MINIMUM OFFER ACCEPTANCE PERIOD:

3.1 “Acceptance period,” as used in this provision, means the number of calendar days available to FRA for awarding a subcontract from the date specified in this solicitation for receipt of offers.

mailto:bquinn@fnal.gov

3.2 This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

3.3 FRA requires a minimum acceptance period of 60 calendar days.

3.4 In the space provided immediately below, Offerors may specify a longer acceptance period than FRA’s minimum requirement.

The offeror allows the following acceptance: calendar days

3.5 An offer allowing less than FRA’s minimum acceptance period may be rejected.

3.6 The offeror agrees to execute all that it has undertaken to do, in compliance with its offer, if that offer is accepted in writing by FRA within (1) the acceptance period stated in paragraph 3.3 above or (2) any longer acceptance period stated in paragraph 3.4 above.

4.0 JOINT VENTURE(S):

4.1 Each Joint Venture shall submit with their proposal a copy of their approved Joint Venture agreement along with authorization for an individual to bind the Joint Venture.

4.2 Approval of Joint Venture agreements must be obtained from FRA through the Procurement Specialist prior to the submission of an offer.

5.0 EVALUATION OF PROPOSALS:

5.1 An Evaluation Team will evaluate the proposals. Offerors should be prepared to respond to requests by the Evaluation Team for responses and/or site visits deemed necessary to assist in the detailed evaluation process.

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

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

5.4 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.

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

5.6 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. Quality and Safety Plans (excavation competent individual)

2. Project Management (Capabilities and Experience)

3. Demonstrated experience in excavation & underground natural gas repairs construction work.

5.7 FRA shall evaluate the EXTENDED PRICES FOR LABOR and EQUIPMENT RENTAL for award purposes by adding the extended total price for all Labor Craft Classifications at all straight time and premium time rates (e.g. General Foreman plus Carpenter Foreman plus Carpenter Journeyman plus…, etc.) and the extended price for equipment rental based on the identified quantities of each item.

5.8 Award will be made to that company deemed to provide the best value to FRA.

6.0 SUBCONTRACT AWARD:

6.1 This solicitation for Time and Material Excavation and related services will be awarded to one subcontractor for T&M Davis-Bacon Act work.

6.2 Davis-Bacon Act work will be covered by a current Determination on General Wage Decisions from the Department of Labor.

6.3 COLLECTIVE BARGAINING AGREEMENTS:

The Subcontractor shall provide the Procurement Specialist a copy of any applicable Collective Bargaining

Agreement (CBA) including exhibits, attachments, etc., applicable to employees performing service under this Subcontract. Amendments, revisions, renegotiated terms, conditions, rates, side letters, or any other modifications made to the respective agreements during the term of this subcontract shall be provided to FRA within 5 days of their effective date.

8.0 ORGANIZATIONAL CHART

Within 30 calendar days after award the Subcontractor shall submit to the Procurement Specialist the names, telephone numbers, duties, and organization’s key personnel to be employed in connection with the work and shall submit from time-to-time supplementary information reflecting changes therein.

9.0 CERTIFIED PAYROLL:

The Subcontractor’s and all lower tier sub-subcontractors’ required weekly payroll information shall be submitted electronically utilizing the LCPtracker© System, which is available at https://lcptracker.net/login.aspx unless otherwise authorized by the FRA Procurement Specialist. Registration should be coordinated with the FRA Procurement Specialist.

10.0 DESCRIPTION OF SERVICES (COST/PRICE):

The Subcontractor shall furnish all properly qualified management, supervision, personnel, materials, supplies, tools, transportation, and equipment with appropriate accessories (except as provided by FRA) and shall plan, schedule, coordinate and assure effective performance of all services described herein. The Subcontractor shall perform operations, maintenance, installation, testing and certification, connection, disconnection, alteration, renovation, renewal, replacement, improvement or upgrade, demolition and/or removal, component fabrication, testing and/or troubleshooting, setting and alignment and installation of material or experimental equipment, system or component commissioning, loading, unloading, preparation for shipping or receiving materials, and other related services of the Excavation trade covered by the Davis Bacon. Requested work may include emergency response and related tasks to operate, repair, restore service, and maintain Fermilab facilities or equipment, or other assistance to provide operational capabilities. The Subcontractor shall furnish materials, supplies, tools, and equipment including accessories, fuels, lubricants, filters, bits, blades, bulbs, and other consumables or disposables.

Time and Materials Not-to-Exceed (NTE) Method

The Time and Materials NTE Method will be used at the convenience of FRA. In the case of the Time and Materials Not-to-Exceed (NTE) Method, the Subcontractor will submit a not-to-exceed proposal with a projected cost estimate showing manpower estimates for each craft; material estimates and costs; rental equipment estimates; and, Subcontractor estimates. The Subcontractor will be required to submit time sheets, payroll records, and material invoices for all authorized work in an appropriate manner acceptable to FRA.

Unless otherwise agreed, the Subcontractor will begin the work immediately after a Time & Materials NTE Task Order is issued and follow the schedule established by FRA.

Regardless of the method utilized, all tasks performed by the Subcontractor will require submission and approval of a job-specific safety plan prior to mobilization.

11.0 SUBCONTRACT TERM:

Subcontract duration shall be on or around February 15, 2023 through and including February 14, 2026 or $4,900,000 whichever comes first.

12.0 SUBMISSION OF INVOICES, T&M Releases12.1 The Subcontractor shall submit T&M invoices bearing this subcontract number and Release number to:

Fermi National Accelerator Laboratory T&M Office, MS# 102 P.O. Box 500 Batavia, IL 60510-0500

12.2 All T&M invoices for labor shall show the crafts and classifications furnished and the consolidated number of hours worked by each craft and classification against each Release, complete with labor rate dollar amounts, material rate dollar amounts, subtotals (if feasible), and overall invoice total dollar amounts. Consolidated invoices for labor submitted for payment shall be substantiated by detailed daily records of crafts, number of hours worked, be approved by a Task Manager, and be specific for each Release number. The Subcontractor shall maintain detailed, complete and accurate accounting records, on https://lcptracker.net/login.aspx a Release basis, satisfactory to FRA.

12.3 Invoices for shop fabricated material must list the dates and the hours shop labor was performed, along w with forwarding copies of the time sheets. A listing of each item of material, the quantity, and the cost must be included.

12.4 Invoices for Subcontractor-owned special equipment will identify the unit charge for each piece of equipment that was used by Release. Invoices for material and third party rental equipment will identify each charge by Release and be supported by a certified copy of the original invoice submitted by the Subcontractor’s supplier.

12.5 Invoices or vouchers supported by a statement of costs incurred by the Subcontractor in the performance of the Subcontract, in such form and reasonable detail as required by FRA, shall be submitted weekly for labor, material, and equipment charges.

12.6 The Subcontractor agrees that any refunds, rebates, credits, or other amounts, including any interest thereon, accruing to or received by the Subcontractor or any assignee under this subcontract shall be paid by the Subcontractor to FRA to the extent that they are properly allocated to costs for which the S Subcontractor has been reimbursed by FRA under this subcontract. Reasonable expenses incurred by the Subcontractor for the purpose of securing such refunds, rebates, credits, or other amounts shall be allowable costs hereunder when approved by FRA.

13.0 SUBMISSION OF PROPOSALS:

The Offeror’s written proposal shall be submitted electronically to:

Gemar Dutollo EMAIL: gdutollo@fnal.gov

The response should include the solicitation number, due date and time, and the name and address of the offeror.

Proposals that are incomplete and/or received after the due date and time, unless as provided elsewhere in this RFP, shall be deemed non-responsive and the proposals may not be accepted.

14.0 REQUIREMENTS FOR PROPOSAL:General instructions: To aid in the evaluation of competitive proposals, all proposals shall follow the same general format. Pages in excess of the maximum will be removed from the end of the proposal volume and returned to ensure that they are not evaluated.

14.2 Proposals shall be submitted in two (2) sections with quantity and page limits as follows:

Section 1: Technical Proposal Volume 1: Past performance Volume 2: Equipment, facilities, suppliers, and sub-contractors Volume 3 Financial Statements Volume 4: Environment, health, safety and training programs Volume 5: Quality Manual

Section 2: Cost/Price Proposal The proposal should be prepared simply and economically, providing straightforward, concise delineation of capabilities to perform satisfactorily the Subcontracts being sought. The proposal shall not merely offer to perform work in accordance with the FRA scope of work but shall outline the actual method proposed as specifically as possible. Repeating the scope of work without sufficient elaboration may not be adequate. It is the Offeror's responsibility to ensure the completeness of his/her technical proposal; therefore, the technical panel for FRA has been instructed to evaluate on the basis of the information provided in the technical proposal. FRA shall not assume that an offeror possesses any capability unless specified in the proposal. To be considered for award, the prospective Subcontractor or predecessor in interest must be regularly engaged in the Construction Excavation business and must have adequate financial and other responsibility to do the required work. Equipment and financial responsibility may be subject to a pre-award inspection by FRA.

14.2.1 Section 1, Volume 1 – Past performance

14.2.1.1 Business organization and areas of specialization - Summarize your firm’s background, size of organization, number of years in business, and areas of specialization. Identify positions and names of individuals assigned to various responsibilities, i.e., management/supervision, project management, site superintendent, foreman, safety mailto:bquinn@fnal.gov representatives, tradesmen (in-house), tradesmen (sub- contracted, temporary, or as needed), purchasing/ordering, and scheduling.

Submit resumes of key supervisory/management personnel. Include name, educational background, present position or title, type of experience by years, and any other pertinent information. List all applicable training and continuing education for the past three (3) years for each individual.

Provide a simple table indicating number of hours worked in the last 24 months for each trade by permanent, subcontracted, temporary, probationary, or as needed tradesmen.

Fully explain the circumstances, typical work scope, and the relationship with sub-tier contractors providing services, skilled tradesmen, technical support, emergency response and/or after-hour service, or temporary labor. Explain the extent to which you rely upon them to provide critical services or assistance. FRA will not accept proposals to furnish the required services through subcontracting the entire or a substantial portion of the work to another company. However, it is understood and expected that during critical times, the subcontractor will be required to enlist outside assistance to fulfill FRA’s needs.

14.2.1.2 Relevant contracts: Submit information on recent contracts over the last 5 years that you consider relevant in demonstrating your company’s ability. This information may include data on efforts performed by other divisions, sub-tier contractors, or teaming subcontractors, if appropriate. For all current or past contracts deemed relevant, provide the name, address, and telephone number of the contact person or organization, a brief summary of the contract scope and value, and the dates of performance. Indicate those for which the proposed Project Manager, Site Superintendent, and Safety Representative were participants.

Present examples of quality control efforts required for the successful performance of work in the cited contracts. Use an example that relates the generation of a punch list after basic contract work was completed and identify how you handled resolution of the punch list items.

14.2.2 Section 1, Volume 2 - Equipment, Facilities, Suppliers, and Sub-contractors:

14.2.2.1 Describe your business. Explain your home base and mobile operations. Identify facilities, including rental facilities, used to accomplish work. Include shop equipment, vehicles, mobile equipment, and rental equipment. Describe your equipment and tool management program, including purchasing, assignment and accountability, maintenance, replacement, and current inventory with age, value, size or capacity. Describe your existing and planned staffing, and work prioritization, staffing, and personnel assignment model. What transportation, mobilization, and expediting practices are regularly employed?

14.2.2.2 Identify subcontractors and sub-tier contractors, programs or manufacturer’s product lines that you will utilize, represent, market, or service. Identify the primary and secondary subcontractors or suppliers you plan to use. Identify the primary services provided or product lines purchased. Summarize your history, growth, and development into product lines you represent.

14.2.2.3 Describe equipment available for use in this subcontract. Break it up into four categories: the required equipment listed in the contract, owned equipment available to FRA without additional charges, owned equipment rentable by FRA, and equipment rented from others. For each type of owned equipment, indicate the make, model, age, location, function, and an estimate of the advanced notice required to make the equipment available for use at Fermilab. Identify type, source, and current cost of rental equipment to be used.

Describe how equipment is delivered to job sites, and how tools and equipment is assigned to individual workers. Describe your mobile fleet and typical assignments, including sole user vehicles, two-man vehicles, and support equipment vehicles or equipment. Describe the electronic and computing resources used by tradesmen or others and the areas of related expertise.

14.2.3 Section 1, Volume 3 – OPTIONAL Financial Statements

Financial Statements are not required as part of the original responses. However, the evaluation team may request financial data from the apparent favored offeror prior to award. The requested information will typically include:

1. A current Annual Report that includes statements on the financial condition of the organization and other pertinent information relevant for review. Balance Sheets and Income Statements for the past THREE (3) calendar years shall be included with the Annual Report.

2. An itemized estimate of the current value of equipment and vehicles.

3. The names, addresses, and phone numbers of all persons who have an ownership interest in the company.

4. Banking, credit, and bonding references (furnish name, address, telephone number, fax number, and point of contact).

14.2.4 Section 1, Volume 4 – Company Environment, Safety, Health, and Training Programs

14.2.4.1 General: The Subcontractor shall submit an electronic version of Corporate Environment, Safety, and Health (ES&H) Program and Quality Manual that is commensurate with the complexity and nature of the required Subcontract work activities. There are many phases of work in this Subcontract that have the potential to expose workers to hazards. Identification of these hazards may be beyond the normal range of expertise of many Excavation Construction companies. Strategic partners or other expert resources may be required to assist in proper and timely development of hazard assessments, or to actually oversee the work of Sub-tier contractors.

Additionally, please provide a brief executive summary of your technical approach to safety including: (a) a description of your safety program, qualifications, and approach to selecting and managing sub-contractors, (b) how you plan to maintain good safety performance, and (c) how you implement the requirements of 10 CFR 1926 Subpart P.

ES&H program submittal criteria is in Section 013100, Part 1 General, Paragraph 1.9

Complete the FRA Subcontractor Safety Questionnaire.

14.2.4.2 Competent Person(s): Subcontractors shall assure that there are competent personnel on-site at all times who are capable of identifying hazards or hazard conditions, and who has authorization to take prompt corrective actions to eliminate them.

14.2.4.3 Training Plan: Offeror shall submit a training plan that covers initial, recurrent, and certification training, when appropriate to insure employees are and remain properly trained to accomplish the subcontract work effectively and safely.

14.2.5 Section 1, Volume 5 – Quality Manual

14.2.6 Section 2, - Cost/Price Proposal:

The offeror shall submit, in writing with the proposal, cost/price per labor classification

15.0 AVAILABILITY OF FUNDS:

Presently, only partial funds are available for this subcontract. 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 to FRA for this subcontract and until the Subcontractor receives notice of such availability, to be confirmed in writing by the Procurement Specialist.

16.0 CONTRACTURAL OBLIGATIONS AND LIMITATIONS:

16.1 FRA will be obligated to pay the Subcontractor not less than FIVE HUNDRED DOLLARS ($500.00) and may not make total payment in excess of $4,900,000.00. The Subcontractor will be obligated to furnish labor, equipment, materials and supplies as directed by FRA and in accordance with the provisions of the subcontract.

16.2 The Subcontractor is to advise the Procurement Specialist when the cost for work performed under this subcontract totals 80% of the funds allotted or ceiling for payment as shown on the face of the subcontract. FRA reserves the unilateral right to increase the ceiling of this subcontract at any time.

16.3 When the aggregate of the Subcontractor's commitments and expenditures for which he is entitled to payment equal 100% of the current subcontract ceiling, the Subcontractor shall give immediate written notice to FRA to make no further commitments or expenditures and shall be excused from further performance under the subcontract unless and until FRA increases the ceiling amount of the subcontract. If 30 days after receipt by FRA of the notice required above, the ceiling amount is not increased by FRA, the subcontract shall be deemed completed.

17.0 PRE-AWARD INSPECTION:

17.1 To be considered for award, the prospective Subcontractor or predecessor in interest must be regularly engaged in the

Construction Excavation business and must have adequate financial and other responsibility to carry out all the terms and conditions of the Subcontract resulting from this solicitation. The prospective Subcontractor's equipment, shop facilities, staffing plan, mobilization distance from FRA and/or other availability considerations, and financial responsibility may be subject to a pre-award review/inspection by FRA.

17.2 No prospective Subcontractor will be regarded as responsible by FRA where the pre-award inspection discloses that the prospective Subcontractor proposes to furnish the services required under this Subcontract through sub-subcontracting the entire or a vast majority of the Subcontract to another company. While many related services are required and may be subcontracted, the awardee Subcontractor serves as a General Contractor and provides full management responsibility for sub-tier contractors, including flowing down to each the terms, conditions, and requirements of this Subcontract and the associated Releases.

18.0 BEST VALUE TO FRA:

To determine the best value to FRA, both the pricing and technical criteria shall be considered as the overall basis for the selection of the successful offeror for this procurement. The full content of the Offeror’s technical proposal and subsequent agreements shall be considered part of the final Agreement. Commitments made therein shall be binding unless noted otherwise.

19.0 SUMMARY:

19.1 The Prospective Offerors are hereby reminded to review all EXHIBITS and terms and conditions of this solicitation prior to submitting their written proposal.

19.2 Complete and return all requested information as requested.

19.3 Complete and return all requested forms including, "Proposal Certifications" Form PUR-466.

19.4 FRA warns Offerors that taking exceptions to any term or condition of this RFP (including submitting any alternate proposals that requires relaxation of a requirement) will make an offer unacceptable, and the offeror ineligible for award, unless the RFP expressly authorizes such an exception with regard to that specific term or condition.

19.5 Below is a listing of required documents along with required insurance certificates and bonds prior to first release being issued which are required from Prospective Offerors:

Description

Reference

With Proposal

Prior to Award

Location within

Proposal

Prior to Notice to Proceed

Corporate ES&H Program 013100 1.9 X Construction ES&H Certification 013100 1.8 X

FRA Subcontractor Safety Questionnaire *Experience Modification Rating (EMR) Rates *OSHA 300 Log for the past three years

013100 1.5.A.2

X

Resume of Subcontractor's Safety Representative

013100 1.5.A.4 X

Corporate Quality Assurance Plan 014100 1.3.A X

Resume of Subcontractor's Quality Representative

014100 1.4B X

Small Business Subcontracting Plan

Attachment J5 (if applicable)

Exhibit II Pricing Evaluation

4.0 Pricing

Evaluation Page X

Executed Representations, Certifications, Acknowledgements

PUR-466

Attachment J11 X

Management Approach

Section 1, Volume 2 X

Resumes of Key Personnel

Volume 1 X

List of Self Performed Work Scope

Section 1, Volume 1 X

List of Key Sub-tier Subcontractors

Volume 1 X

Prior Experience Documents

Insurance Certificates 010010 3.1.B.1 X

Payment Bond

FL-42 SF25A,

Attachment J6 (010010 3.1 B.2)

Performance Bond

FL-40 SF25,

Attachment J7 (010010 3.1.B.2)

Signed Subcontract X

20.0 Below is a listing of required documents along with required insurance certificates and bonds prior to first release being issued which are required from Prospective Offerors:

Description Reference With Proposal

Prior to

Award

Location within

Proposal

Prior to Notice to Proceed

Corporate ES&H Program 013100 1.9 X Construction ES&H Certification 013100 1.8 X Experience Modification Rating (EMR) Rates 013100 1.5.A.2 X OSHA 300 Log for the past three years 013100 1.5.A.2 X Resume of Subcontractor's Safety Representative 013100 1.5.A.4 X Corporate Quality Assurance Plan 014100 1.3.A X Resume of Subcontractor's Quality Representative 014100 1.4B X

Small Business Subcontacting Plan

Attachment J5 (Requirement in Attachment J1)

Bid Bond FL-41 SF24-16d, Attachment J10 X

Exhibit II Pricing Evaluation

4.0 Pricing

Evaluation Page X

FRA Subcontractor Safety Questionnaire 013100 1.5.A.2 X

Executed Representations, Certifications, Acknowledgements

FL-6, Attachment J11 X

Management Approach Section 1, Volume 2 X

Resumes of Key Personnel Section 1, Volume 1 X

List of Self Performed Work Scope Section 1, Volume 1 X

List of Key Sub-tier Subcontractors Section 1, Volume 1 X

Prior Experience Documents

Insurance Certificates 010010 3.1.B.1 X

Payment Bond

FL-42 SF25A,

Attachment J6 (010010 3.1 B.2)

X

Performance Bond

FL-40 SF25,

Attachment J7 (010010 3.1.B.2)

Signed Subcontract X