Request for Proposals - RFP-2023-23044.pdf

National Renewable Energy Laboratory Managed and Operated by the Alliance for Sustainable Energy, LLC

CONSTRUCTION

Request for Proposals (RFP) Number RFP-2023-23044

“Integrated Biorefinery Facility (IBRF) Air Compressor (AC) Replacement”

This solicitation is being conducted under the procedures for competitive subcontracts established by the National Renewable Energy Laboratory (NREL). NREL will award a subcontract based on the following:

LOWEST PRICE, TECHNICALLY ACCEPTABLE SELECTION

All Statement of Work (SOW) requirements being met, all technical acceptability requirements being met, and with the lowest evaluated price.

Issue Date: 4/18/2023 Due Date: 5/26/2023 Time Due: 5 PM Mountain Time

Technical questions must be received in writing no later than 5/10/2023

Written questions concerning this solicitation document and its requirements will be answered in writing. In response to technical questions, NREL will issue an amendment to this solicitation document that will formally provide all the questions and answers. All recipients of the solicitation document will receive responses to questions.

1. Solicitation Type Lowest Price, Technically Acceptable Selection Firm Fixed Price, Subcontract

**100% Small Business Set-Aside**

Notice of Small Business Set-Aside:

A “small business concern,” as used in this solicitation, means a concern, including its affiliates that are independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts and NREL Subcontracts, and is qualified as a small business under the size standards in this solicitation.

NAICS Code and Small Business Size Standard

a. The North American Industry Classification System (NAICS) for this solicitation is 236220.

b. The small business size standard for NAICS code 236220 is $45M.

SUBMIT OFFERS TO AND REQUEST INFORMATION FROM THE NREL RFP CONTACT

BELOW

2. NREL RFP Contact Alex Leishman, Subcontract Administrator National Renewable Energy Laboratory 15013 Denver West Parkway, MS: RSF030 Golden, CO 80401

Email: Alex.Leishman@nrel.gov

Electronic copies of forms and appendices can be found at:

NREL Terms and Conditions

Procurement Forms | NREL

3. Project description:

The documents listed in the following table provide details of the project. The documents below are accessible at the following link:

https://app.box.com/s/7ym7xpgxti3zupmq0ny9weufljfi3dvq

Date of Document Title/Description of Document 3/31/2023 Attachment 1 – Appendix A Statement of Work (SOW) 3/13/2023 Exhibit A – Issue for Construction Drawings 3/13/2023 Exhibit B – Issue for Construction Specifications Version 7 Exhibit C – NREL Construction ESH Manual

None Exhibit D – Offsite Waste Material Disposition Log 3/27/2015 Exhibit E – Temporary Traffic Control Manual 4/1/2011 Exhibit F – NREL Subcontractor Quality Assurance Plan Guidance

Current Version Exhibit G – South 25 Surface Lot Parking Plan None Exhibit H – Equipment Cutsheet – AC-273A, 273B None Exhibit I – Equipment Cutsheet – Co & Knauf Insulation Submittal None Exhibit J – Equipment Cutsheet – EF-273 None Exhibit K – Equipment Cutsheet – L-S73B None Exhibit L – Equipment Cutsheet – L-273C None Exhibit M – Equipment Cutsheet – RH-273 None Attachment 2 – Sample Subcontract

4/01/2022 Attachment 3 – ES&H Risk Evaluation Form None Attachment 4 – Notice of Intent None Attachment 5 – Bio-based Products Reporting Spreadsheet

Pre-Proposal Conference/Site Visit

A Pre-Proposal Conference/ Site Visit will be held as follows:

Place: NREL, South Table Mountain Campus Integrated Biorefinery Facility (IBRF) 16173 Denver West Parkway Golden, CO 80401

Date: 5/3/2023 Time: 11 AM – 12 PM Mountain Time PPE Required? Yes Hard hat & safety glasses http://www.nrel.gov/workingwithus/standard-terms.html https://www.nrel.gov/workingwithus/forms.html https://app.box.com/s/7ym7xpgxti3zupmq0ny9weufljfi3dvq

Provide the proposed list of attendees to the Subcontract Administrator (i.e., the NREL RFP Contact listed in Item 2, above), no later than 4/28/2023.

Any offeror wishing to attend the pre-proposal conference must complete a Notice of Intent (Attachment 4) and have a picture ID. If an offeror intends to send any individual who is not a U.S. citizen, the offeror shall contact the NREL RFP Contact as soon as possible but not later than 5 calendar days before the pre-proposal conference to arrange for the appropriate approvals from the Department of Energy (DOE) for admittance.

4. Proposed subcontract award and period of performance

The Alliance for Sustainable Energy, LLC has entered into Contract No. DE-AC36-

08GO28308 with the Department of Energy (DOE), an agency of the U.S. Government, for the management and operation of the National Renewable Energy Laboratory (hereinafter called “NREL”). All references to “NREL” in this solicitation shall mean the Alliance for Sustainable Energy, LLC.

It is the intent of NREL to award 1 Firm Fixed Price subcontract under this solicitation.

The anticipated period of performance for construction is Notice to Proceed from NREL through 365 calendar days.

5. Competitive negotiated subcontract using Lowest Price, Technically Acceptable

Selection

This solicitation shall be conducted using Lowest Price, Technically Acceptable Selection that results in an award based on the lowest evaluated price of all technically acceptable offers.

Technical acceptability is met when the Offeror demonstrates their firm’s ability to meet the requirements outlined by the statement of work, drawings, specifications and guidelines.

These requirements include meeting/exceeding the established period of performance requested, technical skills and abilities required to complete the work, and providing qualified personnel as required for safety considerations. This Request for Proposals serves as NREL’s baseline requirements that must be met by each offer.

Lowest Price, Technically Acceptable Selection is based on the premise that value is expected to result from award based on a technically acceptable offer with the lowest evaluated price.

Selection will be made on the basis of the lowest evaluated price of offers meeting or exceeding the baseline requirements of the statement of work.

Add alternates are defined as additional items of work that may be awarded as part of a subcontract if the bids come within the budget specified in the contract. Add alternates may include adding length or additional quantity to a project of similar type work or adding enhancements of different type work to a project.

The proposed price for the base scope and add-alternates will be evaluated together to establish the total proposed price in the following order:

1. Add Alternate #1 – Relocate the existing DI system, chiller, and vacuum pump currently located in IBRF Room 273 to IBRF Room 265.

NREL may discuss price with offerors, especially when more than one technically acceptable approach is received that may satisfy NREL’s needs.

6. Evaluation process

NREL will evaluate offers in three general steps:

Step One—Initial Evaluation An initial evaluation will be performed to determine if all required information has been provided and the offer is technically acceptable to meet the basic requirements as outlined in the statement of work. At NREL’s discretion, discussions with offerors will be held as necessary. Offerors shall be notified if their offer is determined to be technically unacceptable and the reasons for rejection will be provided. Technically unacceptable offers will be excluded from further consideration.

Step Two—Price Evaluation After an offer is evaluated as technically acceptable to meet the baseline requirements, NREL will evaluate the price to determine the reasonableness and award to the lowest price offer.

Step Three—Selection Based on the technical acceptability and price suitability of the offers, NREL will exercise one of the following options:

(a) Select an offer and award the Subcontract to the lowest price, technically acceptable offer without discussion;

(b) after discussion, select an offer, and award the Subcontract;

(c) make no award.

7. Submission Requirements

This solicitation does not commit NREL to pay costs incurred in the preparation and submission of a proposal in response to this RFP. Proposal must be submitted electronically via email (NREL email size limitation is 25GB, a file sharing link may be provided if files are too large).

The proposal must include:

a. A title page, including the RFP title and number, name of your organization and Project

Manager (with postal address, telephone number(s), email address and System for Award Management Unique Entity ID (UEI) number).

b. Cover letter including either acceptance or change/exception with reason to:

• Sample Subcontract

• Statement of Work

• Anticipated period of performance,

• Standard terms and conditions (Appendix B-4)

• Intellectual property terms and conditions (Appendix C-3)

Any proposed change/exception must contain sufficient amplification and justification to permit evaluation. Such proposed changes/exceptions will not, of themselves, automatically cause an offer to be termed unacceptable. However, a large number of proposed changes/exception or one or more significant exceptions not providing any obvious benefit to the NREL, or the Department of Energy may result in rejection of such offer as unacceptable.

c. Technical proposal directed toward meeting the requirements of NREL’s Statement of

Work and the technical acceptability requirements (see item 5 above). The technical proposal shall be a maximum of 40 pages which includes all text, graphics, charts, attachments, appendices, addendums, indices, exhibits, etc. (resumes and proposed changes to the Statement of Work are not included in page count). In the event that the page limit is exceeded, NREL at its sole discretion, reserves the right to remove pages from the sections of any non-conforming submittals to bring each non-conforming submittal within the page count requirement.

d. A completed “Construction Services Price Proposal Form” with pricing annotated for

Add-Alternate #1, as listed in the Statement of Work, in an electronic copy (converted to pdf and assembled into one file). An individual offeror’s price proposal standard format can be used if the data included is substantially the same as the NREL form.

The offeror’s price and delivery terms must be valid for 90 days from the date of the offer. The price proposal should include support documentation for all categories of the proposed price. The price proposal should separate price for lower-tier Subcontract(s) and include support documentation for all categories of the proposed lower-tier Subcontract(s) price. Please download from the NREL general access website link below:

http://www.nrel.gov/workingwithus/forms.html

e. Bill of Materials identifying proposed materials for the project.

f. A completed “Representations & Certifications for Subcontracts” form. Please download from the NREL general access website link below:

http://www.nrel.gov/workingwithus/forms.html

g. EITHER the “Organizational Conflicts of Interest Representation Statement” OR the “Organizational Conflicts of Interest Disclosure Statement”, as applicable per the “Instructions for Completion of Organizational Conflicts of Interest Statement – Disclosure or Representation Statement”. The forms and instructions are located at the following link: http://www.nrel.gov/workingwithus/forms.html

h. Offeror Safety Program. (A project specific Construction Environment, Safety and

Health Plan (CESHP) is required prior to start of project and need not duplicate any preexisting safety and health policies or procedures by the Subcontract).

i. Offeror shall identify a qualified worker safety and health representative and demonstrate that they are competent in the following areas:

(1) management responsibilities.

(2) worker rights and responsibilities.

(3) hazard identification and assessment.

(4) hazard prevention and abatement.

(5) training and information; and

(6) recordkeeping and reporting.

http://www.nrel.gov/workingwithus/forms.html

Competent is defined as having an OSHA construction 30 hour and previous experience representing safety on a similar/comparable project. The proposed personnel shall possess the experience, knowledge, skills, and abilities that are necessary to discharge their responsibilities on this work effort. Provide a resume and OSHA certificate of the proposed personnel.

j. Offeror shall identify a designated safety professional and demonstrate that they are qualified in the following areas:

(1) management responsibilities.

(2) worker rights and responsibilities.

(3) hazard identification and assessment.

(4) hazard prevention and abatement.

(5) training and information; and

(6) recordkeeping and reporting.

Qualified is defined as one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his/her ability to solve or resolve problems relating to the subject matter, the work, and previous experience representing safety on a similar/comparable project. The proposed personnel shall possess the experience, knowledge, skills, and abilities that are necessary to discharge their responsibilities on this work effort. (See “Subcontractor’s Safety Oversight of the Subcontract Schedule” in the Subcontract Schedule).

k. Complete the Environmental, Safety and Health Subcontract Risk Evaluation

Worksheet (Attachment 3).

l. The Offeror must provide documentation regarding any EPA and CDPHE Violations.

Has the Offeror been issued any violations by the EPA or CDPHE within the past three years? If yes, please provide copies of all violations.

Requirements for Post-Award Documents:

• Payment and Performance Bonds

• Insurance Certificates

• The Construction Environmental, Health & Safety Plan (CEHSP) https://www.nrel.gov/about/ehs-construction.html

• Preliminary Construction Schedule

• LCPTracker Project Setup (Certified Payrolls)

8. Solicitation Provisions - Incorporated by Reference—General Access

This solicitation incorporates one or more solicitation provisions by reference with the same force and effect as if they were given in full text.

a. Late submissions, modifications, and withdrawals of offers

Offers, or modifications to them, received from qualified organizations after the latest date specified for receipt may be considered if received prior to award, and NREL determines that there is a potential price, technical, or other advantage, as compared to the other offers received. However, depending on the circumstances surrounding https://www.nrel.gov/about/ehs-construction.html the late submission or modification, NREL may consider a late offer to be an indication of the offeror’s performance capabilities, resulting in downgrading of the offer in the technical evaluation process. Offers may be withdrawn by written notice received at any time before award.

b. Restrictions on disclosure and use of proprietary data in the Technical

Proposal (Jan 2023)

Offerors who include in their proposals proprietary data that they do not want disclosed to the public for any purpose of used by the government or NREL, except for evaluation purposes shall:

1. Mark the title page with the following legend:

“This offer includes proprietary data that shall not be disclosed outside the government or NREL and shall not be used or disclosed—in whole or in part—for any purpose other than to evaluate this offer. If, however, a subcontract is awarded to this offeror as a result of—or in connection with—the submission of proprietary data, the government or NREL shall have the right to duplicate, use, or disclose the proprietary data if obtained from another source without restriction. The proprietary data subject to this restriction are contained on pages [insert page and line numbers or other identification of pages] of this offer”; and

2. Highlight (in yellow) the proprietary data on each page it wishes to restrict and add the following footer:

“Use of disclosure of proprietary data contained on this page is subject to the restriction on the title page of this offer.”

Restrictions on disclosure of sensitive financial information in the Cost Proposal The subcontractor’s labor rates, or other sensitive financial information may be protected from disclosure by placing the footer “Sensitive Financial Information” on the title page of the Cost Proposal and such information shall be protected from disclosure by NREL and the Government and used only in connection with the implementation and execution of the subcontract, or applicable task order agreement.

c. Wage Rate Requirements (Construction), formerly known as Davis-Bacon Act

Pursuant to the provisions of the Construction Wage Rate Requirements Act , 40 U.S.C. Chapter 31, subchapter IV, the Secretary of Labor has determined that rates of wages and fringe benefits listed in the attached wage determination are those prevailing for the specified classifications in the locality of the work covered by this RFP’s specifications. Such rates of wages and fringe benefits listed in the wage determination shall be the minimum rates per hour to be paid for the work covered by this RFP’s specifications. Refer to the clause entitled “Construction Wage Rate Requirements (AUG 2018) (formerly Davis-Bacon Act)” of Appendix B-4 (Construction) “Standard Terms and Conditions for Construction Subcontracts” for additional requirements.

The latest wage rate determination made by the Secretary of Labor for Jefferson County, Colorado, is included herein. The complete Wage Determination is incorporated in this RFP and shall be incorporated into any subsequent Subcontract, regardless of whether the offeror / Subcontractor will employ all the classifications of laborers and mechanics listed in the wage determination.

d. Disclaimer

NEITHER THE UNITED STATES; NOR THE DEPARTMENT OF ENERGY; NOR

ALLIANCE FOR SUSTAINABLE ENERGY, LLC; NOR ANY OF THEIR

CONTRACTORS, SUBCONTRACTORS, OR THEIR EMPLOYEES MAKE ANY

WARRANTY, EXPRESS OR IMPLIED, OR ASSUME ANY LEGAL LIABILITY OR

RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS

FOR ANY PURPOSE OF ANY OF THE TECHNICAL INFORMATION OR DATA

ATTACHED OR OTHERWISE PROVIDED HEREIN AS REFERENCE MATERIAL.

e. Solicitation disputes

The General Accountability Office and the Department of Energy do not accept or rule on disputes for solicitations for Requests for Proposals issued by Management and Operating Contractors for the Department of Energy (operators of Department of Energy National Laboratories). Should an offeror have any concerns regarding the NREL solicitation process or selection determination, the offeror may contact Mark Barela, Advocate for Commercial Practices, at (303) 384-7559. NREL will address each concern received from an offeror on an individual basis.

f. Prohibition on use of certain telecommunications and video surveillance services or equipment per the John S. McCain National Defense Authorization Act Section 889(a)(1)(B)

In accordance with the John S. McCain National Defense Authorization Act Section

889(a)(1)(B), NREL is prohibited from contracting with any offeror that uses, and/or whose lower-tier Subcontractor(s) use, covered telecommunication equipment or services as a substantial or essential component of any system, or as a critical technology of any system, on or after 08/13/2020, unless an exception applies or a waiver is granted. This includes such equipment or services from five Chinese companies: Huawei, ZTE Corporation, Hytera Communications, Hangzhou Hikvision, and Dahua Technology.

g. Compliance with Section 508 of the Rehabilitation Act (found at 29 U.S.C. 794d)

The requirements of Section 508 of the Rehabilitation Act apply to NREL’s procurement of all electronic and information technology (EIT) and any development, maintenance, or use of EIT.

h. Notice of Buy American Requirement-Construction Materials (May 2014). –

FAR 52.225-10

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (FAR clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the NREL Subcontract Administrator in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) NREL/the Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, NREL will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by NREL in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which NREL has not yet determined an exception applies.

(3) If NREL determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, NREL will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.