RFP-PR368222 Amend 02.pdf

REQUEST FOR PROPOSAL (RFP)

RFP No.: RFP-PR368222

Request for Proposal BSD-CS-2282 (Rev.1) April 11, 2024

REQUEST FOR PROPOSAL (RFP)

1. INTRODUCTION

Date: 04/21/2025 RFP No.: RFP-PR368222 Amend 02 RFP Description: Radial Collimator RFP Closing Date and Time: 05/09/2025 at 12:00 PM Est.

Offeror Name: To be determined Offeror Address: To be determined Attention POC: To be determined

Subject: RFP for the Neutron Technologies Division in the ORNL Neutron Sciences Directorate In Response Refer to: RFP No. RFP-PR368222

ORNL Procurement Officer: Jared Bowlus

Email: bowlusja@ornl.gov

Oak Ridge National Laboratory (ORNL) is the largest US Department of Energy (DOE) science and energy laboratory, conducting basic and applied research to deliver transformative solutions to compelling problems in energy and security.

ORNL is managed and operated by UT-Battelle, LLC (UT-B). ORNL’s diverse capabilities span a broad range of scientific and engineering disciplines, enabling the Laboratory to explore fundamental science challenges and to carry out the research needed to accelerate the delivery of solutions to the marketplace.

Oak Ridge National Laboratory (ORNL), herein referred to as “Buyer,” is pleased to invite your company, herein referred to as “Offeror,” to submit a proposal in support of the subject effort, as outlined in the attached Statement of Work or Specification and/or Technical Direction attached.

Buyer reserves the right to update this RFP by amendment prior to date of award.

The Offeror’s proposal shall be prepared in accordance with the information provided in this RFP. Specific responses to the Buyer's requirements are necessary to enable the Buyer to evaluate Offeror’s understanding of, and capability to accomplish the stated objectives. Throughout the proposal, the Offeror shall provide sufficient detail to substantiate the validity of all stated claims, comments, or positions. All proposed concepts must be shown to be technically feasible and achievable within the allotted time limitations, and all performance and schedule requirements must be shown to be realistic. The response shall correspond to the requirements of this RFP, unless otherwise specified in writing by the Buyer.

2. RFP INFORMATION

Solicitation Number: RFP-PR368222 Offers Due By: 05/09/2025 at 12:00 PM Est.

Offer Validity Period: 120 days NAICS Code: 333248 – All Other Industrial Machinery Manufacturing – 750

Employees mailto:bowlusja@ornl.gov

BSD-CS-2282 (Rev.1) April 11, 2024

Subcontract Type Anticipated: Firm-Fixed Price Small Business Set-Aside: No Description of Supplies/Services Sought: Radial Collimator Anticipated Subcontract Period of Performance: 05/07/2025 – 03/02/2026 ORNL Procurement Representative: Jared Bowlus bowlusja@ornl.gov

3. LIST OF RFP ATTACHMENTS

Attachment No. Description Document Title (Date/Revision)

Attachment A ORNL Terms and Conditions Terms and Conditions – Fixed Price – BSD-CS-2150 (08/29/2023)

Attachment B Prime Contract T&C Flow Downs

UT-Battelle Prime Supplemental Flowdown Document [Additional Terms and Conditions for Subcontracts/Purchase Orders under Prime Contract No. DE-AC05-00OR22725] (BSD-CS-2258)

Attachment C Technical Specification Specification - HB2A-EQ-20-0001

Attachment D Representations and Certifications - Abbreviated

Representations & Certifications – Abbreviated (BSD- CS-2260, dated 02/10/2025

Attachment E Representations and Certifications - International (11/2023)

Annual Representations and Certifications – International (BSD-CS-2123), dated 11/15/2023

Attachment F Exhibit 2 Exhibit 2 – Representation of Limited Rights Data and Restricted Computer Software (07/21/2015)

4. STATEMENT OF WORK/SPECIFICATIONS

See Attachment C above

5. PROPOSAL PREPARATION

Preparation of Offers. (a) Offerors are expected to examine the technical specification, descriptions, terms and conditions, and all instructions. Failure to do so will be at the Offeror's risk. (b) Each Offeror shall furnish the information required by the solicitation. The Offeror shall sign the offer. Erasures or other changes must be initialed by the person signing the offer. (c) Unit price for each unit offered shall be shown and such price shall include packing unless otherwise specified. A total price shall be entered for each item offered. In case of discrepancy between a unit price and total price, the unit price will be presumed to be correct. (d) Offeror must state a definite time for delivery of supplies or performance of services unless otherwise specified in the solicitation. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. (e) Offers in strict accordance with the solicitation are desired. Any exceptions should be referenced to related documents by title, page, and paragraph, and should be set forth in detail.

(f) This request does not commit ORNL to pay for any costs incurred in the preparation and submission of an offer or for any other costs incurred prior to the execution of an Agreement.

Explanation to Prospective Offerors. Any explanation desired by a prospective Offeror regarding the meaning or interpretation of the solicitation, specification, etc., must be requested with sufficient time allowed for a reply to reach all prospective Offerors before submission of their offers. Any information given to a prospective Offeror will be mailto:bowlusja@ornl.gov https://contracts.ornl.gov/wp-content/uploads/2023/10/G_ORNLProcurementFixedPrice.pdf https://contracts.ornl.gov/wp-content/uploads/2024/11/Prime-Flowdown-Clauses-BSD-CS-2258-11.25.2024.pdf https://contracts.ornl.gov/wp-content/uploads/2024/11/Prime-Flowdown-Clauses-BSD-CS-2258-11.25.2024.pdf https://contracts.ornl.gov/wp-content/uploads/2025/02/Reps-and-Certs-Abbreviated-02.10.2025.pdf https://contracts.ornl.gov/wp-content/uploads/2025/02/Reps-and-Certs-Abbreviated-02.10.2025.pdf https://contracts.ornl.gov/wp-content/uploads/2024/04/Reps-and-Certs-Internationalv1.pdf https://contracts.ornl.gov/wp-content/uploads/2024/04/Reps-and-Certs-Internationalv1.pdf https://contracts.ornl.gov/wp-content/uploads/2024/04/Reps-and-Certs-Internationalv1.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/Exhibit-2-Representation-of-Limited-Rights-Data-and-Restricted-Computer-Software-07-21-2015.pdf

BSD-CS-2282 (Rev.1) April 11, 2024 furnished to all prospective Offerors if such information is necessary in submitting offers or if the lack of such information would be prejudicial to any other prospective Offerors.

Proposal Format. Offeror is requested to submit their proposal in MS Excel, MS Word, or PDF formats. Proposals must be submitted on the forms furnished by the Buyer. If no form is provided, Offeror may submit their proposal in a format of their choosing.

Contractual / Administrative Authority. No direction to proceed or other instruction to begin work shall be binding upon Buyer except when specifically issued and confirmed in writing by an authorized member of Buyer’s Procurement organization. Offeror’s acceptance of, or reliance upon any direction to proceed or other instruction by Buyer’s technical personnel, or other representatives not specifically authorized to issue formal purchase order commitments, shall be at Offeror’s own risk and shall not constitute a binding purchase commitment upon Buyer.

Acknowledgement of Amendments. Receipt of an amendment to a solicitation must be acknowledged in writing.

Proposal Contact. Any questions regarding any portion of this RFP must be coordinated through the Buyer’s Procurement organization, identified as Buyer’s Contact in the Introduction. No written or verbal correspondence will be permitted with any other member of the ORNL team without coordination through the Buyer’s Procurement organization. Failure to comply with this requirement may result in the Offeror’s disqualification from consideration for award. The Buyer is open to proposal clarification questions/discussions in regard to this RFP via the email provided in the Introduction.

Omissions. It shall be clearly understood that, not-withstanding the detailed requirements contained herein, it is the Offeror’s responsibility to identify and quote any aspect or area which may have been omitted in this RFP and which will nevertheless be necessary to meet the general requirements of the defined effort.

Offeror’s Challenge. In the interest of cost effectiveness, the Offeror is encouraged to challenge specifications and other requirements that, in its judgment, provide little value in consideration of cost. Further, the Offeror is invited to suggest practical performance incentives that may be introduced to the advantage of both Offeror and Buyer.

Proposal Acceptance. Buyer reserves the right to (a) consider proposals or modifications to proposals received after the due date should such action be determined to be in the best interest of Buyer or its customer, and/or (b) make award without written or oral discussion.

Affordability. This effort is in support of the U.S. Government, who has a vital mission and constrained resources, and it is incumbent upon industry to provide our customer with high quality and affordable solutions. ORNL considers this challenge to be a major discriminator in our ability to win and retain business based upon proven performance and demonstrated value to our customers. ORNL has developed a number of initiatives to drive value for our customer and we expect our partners in our supply chain to do the same. It is requested as part of your proposal in response to this RFP that you articulate and demonstrate specifics in your offer that are affordable and meet or exceed all technical and schedule requirements. Your response to these criteria will be an element of the ORNL proposal evaluation and award decision process.

Order of Precedence. Any inconsistencies between sections of this RFP shall be resolved in accordance with the following descending order of precedence: (1) This RFP; (2) Special Provisions listed within this RFP; (3) Statement of Work/Technical Specifications; (4) UT-B Prime Flowdowns; (5) ORNL Terms and Conditions.

Payment. Payment shall be made by electronic funds transfer. The form for enrolling is available at http://web.ornl/adm/contracts/eft.shtml.

http://web.ornl/adm/contracts/eft.shtml

BSD-CS-2282 (Rev.1) April 11, 2024

Rights to Technical Data in Successful Proposals. Should an Agreement be awarded based on a proposal, it is policy, in consideration of the award, to obtain unlimited rights for the Government in technical data (but not commercial or financial information) contained in a successful proposal upon which award of an Agreement is based. To exclude technical data contained in a proposal from the Government’s rights, the offer must:

(1) Advise the Buyer that the technical data, or portions thereof that are identified by the Offeror, are covered by the restrictive notice regarding the disclosure and use of proposal information in accordance with the provision of this RFP entitled Treatment of Offer Information and request that such protection be maintained by excluding the data from the Government’s rights; or

(2) Establish to the Buyer’s satisfaction that identified portions of the technical data do not relate directly to or will not be utilized in the work to be performed under the Agreement, and request that such portions be excluded from the Government’s rights.

If unlimited rights to technical data in successful proposals, as set forth in the first paragraph of this section are to be acquired, it shall be by use of the clause below titled, “Rights to Proposal Data (Technical).” Any excluded technical data will be identified by inserting appropriate proposal page numbers in the clause, which clause enables the identification of data to be excluded from the Government’s rights, as discussed in the first paragraph of this section. Such exclusion is not dispositive of the protective status of the data, but any excluded technical data, as well as any commercial and financial information contained in the proposal, will be used for evaluation purposes only. If there is a need to have access to any of the excluded technical data during contract performance, their acquisition will be as limited rights data, if they so qualify, in accordance with FAR 27.404(d).

Rights to Proposal Data (Technical) Except for data contained on pages _______, it is agreed that as a condition of the award of this subcontract and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the “Rights in Data – General” clause contained in this subcontract in and to the technical data contained in the proposal dated, _______, upon which this subcontract is based.

Treatment of Offer Information. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Company or the Government except for evaluation purposes, shall:

(a) Mark the title page with the following legend:

This proposal includes information that shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, an Agreement is awarded to this Offeror as a result of—or in connection with—the submission of this information, the Company and the Government shall have the right to duplicate, use, or disclose the information to the extent provided in the resulting Agreement. This restriction does not limit the Company’s and the Government's right to use information contained in this information if it is obtained from another source without restriction. The information subject to this restriction are contained in pages [insert numbers or other identification of pages]; and

(b) Mark each page of information it wishes to restrict with the following legend:

Use or disclosure of information contained on this page is subject to the restriction on the title page of this proposal.

Company Profile. Provide a Company Profile to include business classification (e.g. Large, Small, Disadvantaged).

BSD-CS-2282 (Rev.1) April 11, 2024

Signing Authority. Signature of official authorized to contractually commit the Offeror; the names, positions, email address, and phone numbers of persons authorized to negotiate this proposal or persons to be contacted for clarification or questions.

Proposal Validity. Statement that identifies proposal validity. Unless otherwise stated in the Offeror’s proposal, the Offeror’s proposal shall be valid for 120 calendar days.

FOB and Shipping Terms for Domestic Shipments. Freight Terms: FOB Destination – Freight Prepaid – (ORNL Facility – Oak Ridge TN)

Incoterms for International Shipments. Incoterms: DAP – (ORNL Facility – Oak Ridge TN)

Offeror Business Information. Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. Identify “parent company” or “sponsoring corporation” name, also provide such identity as appropriate.

Subcontract Type. The proposed subcontract type, if other than the anticipated subcontract type located in Attachment A: ORNL Terms and Conditions.

6. COMPETITION

This RFP is being issued on a competitive basis. The Buyer intends to make one award.

Response Due Date. Your response to this request is due on or before 12:00 PM Est. on 05/09/2025. All proposal documents shall be sent to the attention of Jared Bowlus via email at bowlusja@ornl.gov.

Access to ORNL Site. Vendor personnel may come onto the ORNL site only if they have a current ORNL badge or a visitor's pass. Persons who need visitors' passes to deliver offers or participate in site visits must provide their e-mail address to the Procurement Officer on a workday at least 24 hours in advance. The Site Administrator will send a link to a secure portal (via-email) where vendor personnel provide the following information: (i) Full name, (ii) employer, (iii) social security number, (iv) date of birth, (v) gender and (vi) country of citizenship. Visitors' passes must be picked up at the Visitor Center, Building 5200. Photo identification is required.

Questions. Questions concerning this RFP must be submitted in writing, via email, to the ORNL Procurement Officer listed in section 2 of this RFP. Information given to one prospective offeror will be furnished to all prospective offerors if lack of the information would be prejudicial to them.

Withdrawal of Offers. Offers may be withdrawn by written notice received at any time before award.

Proposal Package. A complete proposal package consists of the following elements:

Technical Proposal Price Proposal Exceptions/Non-Compliance Conditions of Proposal / Assumptions Supplementary Requirements

TECHNICAL PROPOSAL REQUIREMENTS:

The Technical Proposal shall not exceed 25 pages (excluding personnel resumes).

BSD-CS-2282 (Rev.1) April 11, 2024

The technical proposal should be specific, detailed, and complete to demonstrate clearly and fully that the Offeror has a thorough understanding of the Buyer’s requirements. The technical proposal must enable the technical evaluators to make a thorough analysis and arrive at a sound determination as to whether or not the proposal meets the Buyer’s requirements. The proposal shall include descriptions sufficient to describe the Offeror’s technical approach. The technical proposal must be sufficient to show how the Offeror proposes to comply with the Buyer’s requirements, and it must include a full explanation of the methods proposed. The Offeror shall include a glossary of acronyms and special terminology.

No certified cost or pricing information shall be included in the technical proposal.

The technical proposal must be in the following format:

Table of Contents. Provide a table of contents with page numbers for each chapter or section and subsections.

List of Tables and Figures. Provide a list of any tables and figures contained in the proposal along with page numbers.

Proposal Abstract/Overview. Provide a concise summary in your proposal addressing all Evaluation Criteria. Offerors shall summarize their understanding of the objectives and requirements of this solicitation/RFP. Offerors shall briefly identify key information about their organization and any other organizations that are part of the Offeror’s team.

Offerors shall describe how the organization or team is qualified to perform and complete the services requested under this solicitation.

Personnel. Describe the experience and qualifications of personnel who will be assigned for direct work on this program. Information is required to show the composition of the task or work group, its general qualifications, and recent experience with similar equipment or programs. Special mention shall be made of direct technical supervisors and key technical personnel, and the approximate percentage of the total time each will be available for this program.

Principal Investigator (PI)/Project Director. List the name of the Principal Investigator/Project Director responsible for overall implementation of the contract and key contact for technical aspects of the project. Even though there may be co-investigators, identify the Principal Investigator/Project Director who will be responsible for the overall implementation of any awarded contract. Discuss the qualifications, experience, and accomplishments of the Principal Investigator/Project Director. State the estimated time to be spent on the project, his/her proposed duties, and the areas or phases for which he/she will be responsible.

Other Key Personnel. List all other investigators/professional personnel who will be participating in the project. Discuss their qualifications, experience, and accomplishments. State the estimated time each will spend on the project, proposed duties on the project, and the areas or phases for which each will be responsible.

Additional Personnel. List names, titles, and proposed duties of additional personnel, if any, who will be required for full-time employment, or on a subcontract or consultant basis. The technical areas, character, and extent of subcontract or consultant activity will be indicated and the anticipated sources will be specified and qualified.

Resumes. Resumes of all key personnel are required. Each must indicate educational background, recent experience, specific or technical accomplishments, and a listing of relevant publications.

Technical Objectives. State the overall objectives and the specific accomplishments you hope to achieve. Indicate the rationale for your plan, and relation to comparable work in progress elsewhere. Review pertinent work already published which is relevant to this project and your proposed approach. This should support the scope of the project as you perceive it.

BSD-CS-2282 (Rev.1) April 11, 2024

Technical Approach. Use as many subparagraphs, appropriately titled, as needed to clearly outline the general plan of work. Discuss phasing of research and possible or probable outcome of approaches proposed.

Technical Methods. Describe in detail the methodologies you will use for the project, indicating your level of experience with each, areas of anticipated difficulties, and any unusual expenses you anticipate.

Schedule. Provide a schedule for completion of the work and delivery of items specified in the statement of work.

Performance or delivery schedules shall be indicated for phases or segments, as applicable, as well as for the overall program. Schedules shall be shown in terms of calendar months from the date of authorization to proceed or, where applicable, from the date of a stated event, as for example, receipt of a required approval by the Buyer. Unless the request for proposal indicates that the stipulated schedules are mandatory, they shall be treated as desired or recommended schedules. In this event, proposals based upon the offeror's best alternative schedule, involving no overtime, extra shift or other premium, will be accepted for consideration. Final delivery can be no later than 03/13/2026.

Facilities and Resources. List/describe all facilities and resources available for this project, including any equipment.

Other Considerations. Record and discuss specific factors not included elsewhere which support your proposal. Using specifically titled subparagraphs, items may include:

• Any agreements and/or arrangements with subcontractor(s). Provide as much detail as necessary to explain how the statement of work will be accomplished within this working relationship.

• Unique arrangements which none or very few organizations are likely to have which is advantageous for effective implementation of this project.

• Equipment and unusual operating procedures established to protect personnel from hazards associated with this project.

• Other factors you feel are important and support your proposed research.

• Recommendations for changing reporting requirements or other deliverables if such changes would be more compatible with the offeror's proposed schedules.

PRICE PROPOSAL REQUIREMENTS:

All proposals shall be submitted in U.S. Dollars (USD) and shall include all shipping costs. If a standard proposal pricing worksheet/form is provided within this RFP, the Offeror shall submit their pricing via the worksheet/form, otherwise, the Offeror may submit their pricing information in their own format.

This proposal may be subject to a Government price audit.

The price breakdowns shall identify the following information as applicable: direct labor, subcontracts, travel, and materials & equipment.

Labor. All direct labor by labor category, hours, and fully burdened labor rates. Identify each subcontractor labor category and include a brief job description and minimum education and experience requirements for each subcontractor labor category proposed. If the period of performance is for more than one year, show the information for each year proposed. Please identify all Key Personnel proposed.

Subcontractors. Include all subcontractor proposals. All subcontracted labor must identify labor category, hours, and fully burdened rates. Identify each subcontractor labor category and include a brief job description

BSD-CS-2282 (Rev.1) April 11, 2024 and minimum education and experience for each subcontractor labor category proposed. If lower tier subcontractor will travel, furnish equipment, materials, supplies, etc. additional quotations are required.

Travel. Include details on number of trips, purpose of trips, number of travelers, origin and destination of traveler, number of days of travel, airfare costs, lodging costs, meals and incidental costs, automobile rental costs, parking expenses, and/or POV mileage and applicable rates. All travel costs are to be in accordance with the Federal Travel Regulation FAR 31.205-46 as cited under US Government Joint Travel Regulation (JTR) guidelines. Travel costs will not be fee-bearing and may include G&A only.

Materials and Equipment. Include a breakdown of each item along with supporting documentation for prices proposed; e.g., quotes from suppliers and/or catalog cut sheets with pertinent pricing.

Milestone Payment Plan. The Buyer may consider a proposed payment plan with the Offeror’s response.

Proposed payments must demonstrate significant progress against the schedule incorporated into the subcontract.

Government Approved Rates. If any of the proposed rates and factors have been accepted or approved by a government agency, the Offeror shall so state and identify the agency, its location, and the date of such acceptance or approval and provide a copy of the approval letter.

EXCEPTIONS/NON-COMPLIANCE:

Exception(s) to or non-compliance with any portion of this RFP shall be clearly identified in a separate Exceptions/Non-Compliance section referencing the specific document, page, paragraph, and item. Exceptions identified in the Offeror’s Technical Proposal need not be restated in this section. You are requested to explain the reason(s) for the non-compliance and identify any alternate solutions to achieve compliance. Any exceptions that are taken to the provisions of this RFP will be considered in evaluating the Offeror’s proposal and may result in your offer being deemed non-responsive. The absence of a proposal section entitled “Exceptions/Non-Compliance” or a statement indicating “no exceptions are taken” implies complete and unequivocal acceptance of all requirements, terms, and conditions.

CONDITIONS OF PROPOSAL/ASSUMPTIONS:

The Offeror shall identify any conditions and/or assumptions of its proposal in a separate Conditions of Proposal/Assumptions section. The Offeror shall include a list of any Buyer/Government equipment and/or information needed as a condition of performance. Offeror shall include its assertion of Limited or Restricted Rights in Data and/or Software.

SUPPLEMENTARY REQUIREMENTS:

Representations and Certifications – Abbreviated (For Domestic and International Offerors). If your proposal exceeds $10,000, Offeror must complete and return a copy of the Representations and Certifications – Abbreviated (BSD-CS- 2260) form, a copy of which can be found here: Representations and Certifications - Abbreviated. NAICS Code 333248 is applicable.

Representations and Certifications – International (For International Offerors Only). If your proposal exceeds $10,000, Offeror must complete and return a copy of the Annual Representations and Certifications – International (BSD-CS- 2123) form, a copy of which can be found here: Representations and Certifications - International (11/2023).

Exhibit 2 Representation of Limited Rights Data and Restricted Computer Software. A copy of this form can be found here: Exhibit 2 https://contracts.ornl.gov/wp-content/uploads/2025/02/Reps-and-Certs-Abbreviated-02.10.2025.pdf https://contracts.ornl.gov/wp-content/uploads/2024/04/Reps-and-Certs-Internationalv1.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/Exhibit-2-Representation-of-Limited-Rights-Data-and-Restricted-Computer-Software-07-21-2015.pdf

BSD-CS-2282 (Rev.1) April 11, 2024

Certification of business size under NAICS code 333248 – All Other Industrial Machinery Manufacturing – 750 Employees

Foreign End Products. The Offeror shall list as foreign end products those end products that are manufactured outside of the United States that do not qualify as domestic end products. List all foreign end products proposed and their country of origin.

7. BASIS OF AWARD

Best Value (Tradeoff). An award resulting from this RFP will be made to the responsible offeror that submits a proposal that is determined to provide the best value to the Company considering both technical merit and price. The technical evaluation process consists of the proposals being reviewed, evaluated and rated using a graded system that assesses the degree of compliance with the Technical Criteria requirements and the level-of-performance risk. The Evaluation Criteria are listed below. The Evaluation Criteria are each of equal importance.

EVALUATION Criteria Criteria 1: Manufacturing/Fabrication Plan and Schedule Criteria 2: Company Experience/Past Performance Criteria 3: QA Program

1. Manufacturing/Fabrication Plan and Schedule

All Offerors shall be evaluated on the feasibility and validity of their detailed fabrication and/or manufacturing plan. The Company will evaluate Offeror's fabrication and/or manufacturing plan to determine the Offeror's capability and understanding of meeting the requirements of this procurement. In addition, determine the Offeror's schedule of meeting the requirements of the specification, review the Key Personnel proposed, Key Subcontractors, and other requirements of this procurement.

2. Company Experience/Past Performance

The Offeror must have successfully completed 1 project of similar scope or complexity within the last 36 months based upon the references that Offeror provides. The Company may solicit, at its discretion, from available sources relevant information concerning past performance and experience for use in the evaluation process. In the case of an offeror without a record of relevant present and past performance or for whom information on relevant present and past performance is not available, the offeror will be evaluated neither favorably nor unfavorably on present and past performance

3. QA Program

The Company will evaluate the Offeror's QA Program to ensure that it is in place and provides sufficient rigor to accomplish the requirements of this procurement. If determined necessary by the Company in order to verify or complete its evaluation, any Offeror may be subject to an on-site inspection to review the vendor's quality assurance program and confirm that the Offeror/Offeror's subcontractors possess the expertise, facilities, and equipment sufficient to fabricate the components as required in the Specification and Drawings.

The Evaluation Criteria are each of equal importance and will be graded based on the following ratings:

Blue - Proposal exceeds the performance or capability requirements necessary for acceptable subcontract performance; provides little or no risk to the Company.

Green - Proposal meets the performance or capability requirements necessary for acceptable subcontract performance; provides low to moderate risk to the Company.

Yellow - Proposal marginally meets the performance or capability requirements necessary for acceptable subcontract performance; provides moderate to high risk to the Company.

Red - Proposal fails to meet the performance or capability requirements necessary for acceptable subcontract performance; provides unacceptable risk to the Company.

An overall Technical Rating will also be assigned based on the individual ratings and their relative importance. The overall color rating may include increments represented as plus (+) or minus (-).

In addition to the evaluation of technical criteria, cost/price will also be evaluated. In determining the best value, the total cost/price, including options (if applicable) and other cost factors, is considered to be less important than technical merit.

If applicable, a determination of total cost/price will include, but not be limited to: (1) transportation, (2) travel,

(3) coordination of contract performance, and (4) technical interface challenges.

We may solicit information concerning your record of performance and use it in evaluation.

8. SPECIAL PROVISIONS

• Exhibit 9, Technical Data (06/11)

• Exhibit 17, Rights to Proposal Data (Technical) (10/91)

• Special Tooling (01/2006)

• Milestone Payment (05/2010)

• Key Personnel

(a) The following personnel are considered to be essential to the work being performed hereunder:

[List Key Personnel Names, Titles, {Sub-tier entity, if applicable}]

(b) The Seller shall ensure that personnel (including lower-tier subcontractor personnel) are fully qualified and have in place all the requisite skills necessary to perform the work per the Agreement qualifications. If the Company determines that the Seller has not provided personnel that meets those qualifications then the Company may do one of the following to remedy the situation:

1.) Reject the proposed individual and require the Seller to provide a qualified individual within two (2) days;

2.) If the individual is already working under the Agreement, require the Seller to adjust the labor rate downward based on the experiences of the individual provided.

(c) Before removing, replacing, or diverting any of the listed or specified personnel, the Seller must:

1.) Notify the Procurement Officer reasonably in advance;

https://contracts.ornl.gov/wp-content/uploads/2021/01/Exhibit-9-Technical-Data-06-16-2011.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/Exhibit-17-Rights-to-Proposal-Data-Technical-07-18-2005.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/special-tooling-ext-jan06.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/milestone-payment-ext-may10.pdf

2.) Submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this agreement; and

3.) Obtain the Procurement Officer's written approval.

(d) If one (1) or more of the personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this agreement for a continuous period exceeding thirty (30) work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Seller shall immediately notify the Procurement Officer and shall, subject to the concurrence of the Procurement Officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

9. PAYMENT TERMS

Payment terms are Net 30 days for Large businesses and Net 15 days for small businesses upon final acceptance of the product/service. All payments will be made in U.S. Dollars (USD). Payment shall be made by electronic funds transfer.

10. DELIVERY, SHIPPING, PACKAGING – DOMESTIC SHIPMENTS

Freight Terms: FOB Destination – Freight Prepaid – (ORNL Facility – Oak Ridge TN)

ORNL PO number must be clearly identifiable in the shipping address field of the shipping label. Payment for goods received may be delayed in the event the ORNL PO number is not clearly identifiable

SHIPPING TERMS

Delivery Drivers Must be U.S. Citizens: All deliverables coming onsite to a DOE laboratory, including Oak Ridge National Laboratory (ORNL), must be delivered by a United States citizen. If a foreign national attempts to deliver anything to the ORNL site, the driver will be asked instructed to turn around and will not be allowed onsite

Packing and Shipment

The Seller is responsible for all packing and shipping provisions to ensure that the equipment arrives to the Company's site in an undamaged condition. The Instrument shall be suitably packed, rigidly crated, braced and protected against weather, damage, and strain during shipment.

SNS Delivery Hours

Deliveries are accepted Monday through Friday, from 7:00 a.m. to 2:30 p.m. (Local Time). For shipments being delivered to RATS II, any deliveries arriving at alternate times must be coordinated specifically with the Company's Receiving Department or may be rejected. For SNS Construction deliveries, the Company will not accept any shipment offloads outside this time schedule, no exceptions.

The Seller shall notify the Technical Project Officer (TPO) prior to shipment of the equipment being delivered to make the appropriate arrangements for site access, scheduling, use of local labor, and any other access/delivery issues as may arise.

11. DELIVERY, SHIPPING, PACKAGING – INTERNATIONAL SHIPMENTS

BSD-CS-2282 (Rev.1) April 11, 2024

Incoterms: DAP – (ORNL Facility – Oak Ridge TN)

Must reference ORNL PO number on all freight/shipping material Imports to ORNL

(September 22,2016)

Critical Communication

(a) The Seller shall specify on the bill of lading or air waybill (e.g., "Notify Party", "Broker Select", "Handling Information" fields) that the Company's customs broker be notified to arrange U.S. Customs clearance. This directive should identify the broker as:

V. Alexander & Company 110 Tyson Blvd., Suite 202, Alcoa, TN 37701 Attn: Import Department Phone: 865-970-7461, Fax: 865-970-7490

(b) The location for U.S. Customs clearance to occur shall be specified as:

U.S. Port 2016 - Knoxville, Tennessee

(c) U.S. Customs Importer Security Filing (ISF) regulations require electronic receipt and approval of certain shipment data elements prior to material being loaded on ocean vessels. Most of these elements are typically listed on the commercial invoice. A Seller using ocean transport must provide V. Alexander with this information through the electronic VNET system at least 72 hours prior to loading. V. Alexander will then notify the Seller when U.S.

Customs has approved loading. For details on use of the VNET system and ISF regulations, please contact:

V. Alexander & Company Contact: Amalia Joyce (Imports Department) Phone: 865-970-7461 (ext. 4146), Fax: 865-970-7490 E-mail: ajoyce@valexander.com

Or visit www.valexander.com

(d) The shipment shall be consigned to the following:

UT-Battelle, LLC Oak Ridge National Laboratory (ORNL) for the U.S.

Department of Energy 1 Bethel Valley Road Oak Ridge, Tennessee 37831 Contact:

Goods Recipient/Invoice Approver): Elias Pulliam Phone: 505-699-9678

Note: Fees, fines, and/or other assessments resulting from failure to follow these critical communication steps will be recouped from the Seller.

Process

(a) Material(s) purchased under this agreement may be exempt from United States import duties. The mailto:ajoyce@valexander.com http://www.valexander.com/

BSD-CS-2282 (Rev.1) following provisions are included to insure no duty is improperly paid.

(b) Not withstanding any other provision of this agreement, delivery terms are (as shown in Item (e) above) Oak Ridge, TN, USA. The Seller shall not include in the purchase price the amount for duty, unless such duty is specifically identified as a separate line item in the price. Any amount improperly included by the Seller shall be subject to setoff and/or recoupment.

(c) Except as noted, no later than 72 hours before shipment of any foreign material, the Seller shall provide the following documents to the Company's Import Broker and Company's Transportation Department at the addresses provided below:

(1) bill of lading/airway bill naming UT-Battelle LLC as the consignee (required by day of shipment) [Note: use express bill of lading for ocean transport]

(2) commercial invoice for items to be delivered to Oak Ridge, TN, USA ,

(3) itemized packing list,

(4) name of carrier, and

(5) estimated delivery date.

(d) The commercial invoice shall include, at a minimum:

(1) name and address of the manufacturer

(2) description of the item(s),

(3) quantities of the item(s) described,

(4) value of the item(s) to be delivered in US Dollars,

(5) HTSUS number,

(6) country of origin,

(7) US Customs Entry in Knoxville, TN, USA; Port 2016; McGhee/Tyson Airport (TYS),

(8) Incoterms,

(9) purchase order number (if applicable),

(10) ORNL contact name (goods recipient/invoice approver), and

(11) project name (e.g., SNS, CNMS, ITER, etc. - if applicable).

All documents listed above shall be in English.

(e) No later than the day of shipment of any foreign material, the Seller shall provide written notice to Company's Import Broker confirming the name of the carrier and estimated date of arrival, and if available, the flight number or name of the transporting vessel. Note that additional data must be electronically provided at least 72 hours prior to loading if ocean transport will be utilized.

(f) Notices for the Company's Import Broker shall be sent via fax and e-mail to: V. Alexander and Company, Inc., Import Department, Attn: Amalia Joyce; Fax: 865-970- 7490; E-mail: ajoyce@valexander.com

(g) Notices for the Company's Transportation Department shall be sent via fax and e-mail to: UT-Battelle, LLC., Oak Ridge National Laboratory, Attn: P. M. Garnet; Fax: 865-241-4096; E-mail: garnetpm@ornl.gov, rabyvk1@ornl.gov.

(h) All shipping documents and packages shall be clearly marked with the following:

Shipment to ORNL for the United States Department of Energy under Contract No. DE- AC05-00OR22725.

Upon arrival of shipment, NOTIFY V. ALEXANDER AND COMPANY (865) 970-7461 FOR CUSTOMS CLEARANCE.

Packing and Shipment

The Seller is responsible for all packaging to ensure that the Helium-3 arrives to the Company's site in an undamaged mailto:ajoyce@valexander.com mailto:garnetpm@ornl.gov mailto:rabyvk1@ornl.gov

BSD-CS-2282 (Rev.1) condition.

SNS Delivery Hours

Deliveries are accepted Monday through Friday, from 7:00 a.m. to 2:30 p.m. (Local Time). For shipments being delivered to RATS II, any deliveries arriving at alternate times must be coordinated specifically with the Company's Receiving Department or may be rejected. For SNS Construction deliveries, the Company will not accept any shipment offloads outside this time schedule, no exceptions.

The Seller shall notify the Technical Project Officer (TPO) prior to shipment of the equipment being delivered to make the appropriate arrangements for site access, scheduling, use of local labor, and any other access/delivery issues as may arise.

12. CLOSING

Should additional information be required on any of these requests please do not hesitate to contact the undersigned Procurement Officer below.

Sincerely, Jared Bowlus Email: bowlusja@ornl.gov