RFP-2022-22028.pdf

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

CONSTRUCTION

Request for Proposals (RFP) Number RFP-2022-22028

“S&TF Spill Recovery Replacement Automated Waste Neutralization”

REQUEST FOR PROPOSALS (RFP)

READ THIS DOCUMENT CAREFULLY

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 and with the Lowest evaluated price.

Issue Date: 2/17/2022 Due Date: 3/25/2022 Time Due: 5 P.M. Mountain Time

Technical questions must be received in writing no later than 3/9/2022

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.

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:

http://www.nrel.gov/workingwithus/standard-terms.html

Procurement Forms | NREL

3. Project description:

The documents listed in the following table provide details of the project:

Date of

Document Title/Description of Document 1/11/2022 Attachment 1 – Statement of Work (SOW)

N/A Attachment 2 – Sample Subcontract – SUB-2022-22028 N/A Attachment 3 – Construction Price Proposal Form

1/1/2022 Attachment 4 – Pre-Visit Questionnaire 1/18/2022 Exhibit A.1 – NREL S&TF AWN 100% Drawings, Rev 2

10/29/2021 Exhibit A.2 – NREL S&TF AWN Pump Cart IFC Drawings 1/18/2022 Exhibit B – S&TF AWN 100% Specifications 5/1/2019 Exhibit C – Construction ESH Manual – Version 7

N/A Exhibit D – NREL Construction Subcontractor Off-Site Waste Material Disposition Log

3/27/2015 Exhibit E – Temporary Traffic Control Manual 4/1/2011 Exhibit F – Subcontractor Quality Assurance Plan Guidance 8/16/2021 Exhibit G.1 – NREL S&TF AWN Drawings 95%

N/A Exhibit G.2 – AWN Chemical Delivery Requirements (EHS Engineering Design Specifications)

Pre-Proposal Conference/Site Visit

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

Place: NREL South Table Mountain Campus, Science & Technology Facility Date: 3/2/2022 Time: 9:30 A.M – 1:30 P.M. Mountain Time

Anyone wishing to attend the pre-proposal conference must be a U.S. citizen and have a picture ID.

Provide the proposed list of attendees to the subcontract administrator (i.e., the NREL RFP Contact listed in Item 2, above), no later than 2/28/2022.

If an offeror intends to send and individual who is not a U.S. citizen, the offeror shall contact the 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 https://www.nrel.gov/workingwithus/forms.html

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 0-1 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.

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.

Technical Acceptability is met when the Offeror illustrates the below criteria have been fulfilled. Any one overall category rating of UNACCEPTABLE may eliminate the proposal from further consideration regardless of ratings in any other category:

Number: Technical Acceptability Requirement:

1.0 Does the Offeror demonstrate the capability to apply or use a set of related knowledge, skills, and abilities required to successfully perform the tasks defined in the Statement of Work?

2.0 Does the Offeror demonstrate successful completion of similar projects within the last five years that adjusted pH limits between 6 and 9 pH?

3.0 Does the Offeror demonstrate successful completion of similar projects within the last five years that provided chemical cabinets for sodium hydroxide and sulfuric acid?

4.0 Are the Offeror's workers and safety personnel trained in current OSHA CFR 1910, OSHA CFR 1926, DOE 851 and NFPA 70E standards?

5.0 Does the Offeror demonstrate familiarity with the types of Controls listed in the Statement of Work?

6.0 Does the Offeror's proposal demonstrate that the work to be performed is in accordance with NREL's DOE-Approved safety management system, including the most current requirements set forth in the applicable NREL “Construction Environmental Safety & Health Manual?"

7.0 Did the Offeror provide a technical narrative approach and proposed timeline to accomplish the project within the period of performance listed?

8.0 Does the Offeror demonstrate the proposed team possesses the relevant experience for chemical handling of liquid waste neutralization?

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.

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. The following documents must be submitted with the proposal in response to this

RFP:

SUBMISSION REQUIREMENTS:

• The Technical Proposal shall demonstrate:

a. How the offeror plans to technically execute the project per the Statement of Work

b. Project timeline or sequence of events/milestones

c. Personnel experience necessary for chemical handling requirements

• The Offeror shall provide with their proposal proof of successfully completing similar projects in the past 5 years.

a. Provide reference for similar projects that adjusted pH limits between 6 and 9 pH

b. Provide reference for similar projects that provided chemical cabinets for sodium hydroxide and sulfuric acid.

• Offeror shall provide 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. 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 of the proposed personnel and OSHA certificate.

• The Offeror shall provide a resume for the proposed safety professional. Offeror shall provide 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. Provide a resume of the proposed personnel and other qualifications. (See Article 13 of the Subcontract Schedule).

• Complete and return a Construction Services Proposal Form (See Below).

• A website link to the Offeror Safety Program. (A project specific CESHP is required prior to start of project and need not duplicate any preexisting safety and health policies or procedures by the subcontract).

• Complete the Environmental, Safety and Health Subcontract Risk Evaluation Worksheet located at the following web address: (http://www.nrel.gov/extranet/ehs/). These worksheets are required for subcontractor and all lower-tiers.

• 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.

8. Proposal preparation information

a. The proposal must include a title page, including the RFP title and number, name of your organization and principal investigator or project manager (with postal address, telephone number(s), and email address). The title should be succinct and capture the essence of your offer.

b. Formatting instructions

- A page is defined as one side of an 8 ½” x 11” sheet of paper.

- Use a 12-point font.

- Maintain at least 1-inch margins on all sides.

- All pages must have the same page orientation (i.e., do not present pages that offset by 90 degrees).

c. An electronic copy (pdf format) of the technical proposal directed toward meeting the requirements of NREL’s Statement of Work. The technical proposal shall identify any proposed changes to the Statement of Work as a stand-alone attachment to the technical proposal. The technical proposal with its title page, along with all other components of the proposal and other required documents shall each be provided as http://www.nrel.gov/extranet/ehs/ separate PDF files (provided in a compressed or “zipped” folder, preferred). The technical proposal shall be a maximum of 20 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 Proposal Form” 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. See the Construction Services Proposal Form under Construction Specific Forms at the following link:

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

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

f. 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:

g. A cover letter including either acceptance or change/exception with reason to the sample subcontract schedule, anticipated period of performance, and the standard terms and conditions and/or the intellectual property terms and conditions in the appendices. The offeror shall explain any proposed change/exception with respect to the sample subcontract schedule and terms and conditions. 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. In addition, the cover letter shall include a summary statement indicating acceptance of the statement of work or any change with the reason(s).

h. This solicitation requires the submittal of electronic proposals.

i. This solicitation does not commit NREL to pay costs incurred in the preparation and submission of a proposal in response to this RFP.

Requirements after Award and Post-Award Documents:

k. Performance and Payment bonds may be required on this project. See forms in the following link under Construction Specific Forms:

l. Insurance Certificates in accordance with Appendix B-4, Standard Terms and Conditions in the Subcontract Schedule.

m. The Construction Environmental, Health & Safety Plan (CEHSP) shall be submitted to the NREL RFP Contact listed in Item 2, above, for review and concurrence by NREL Project Manager and EHS prior to performing work. The CEHSP shall be prepared in accordance with and the NREL Construction Environmental, Health & Safety Manual located here:

https://www.nrel.gov/about/ehs-construction.html

9. Solicitation Provisions—full text provided

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 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

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 or 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. Davis-Bacon Wage Determination

Pursuant to the provisions of the Davis-Bacon Act, 40 U.S.C. 276 (a)-276(a)-7, as amended, the Secretary of Labor has determined that rates of wages and fringe benefits listed in the enclosure entitled “Davis-Bacon 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 Davis- Bacon 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 (formerly Davis-Bacon Act)” of the Appendix B-4 (Construction) / B-10 (Design-Build) Standard Terms and Conditions for Construction and Design-Build Subcontracts for additional requirements.

The latest wage rate determination made by the Secretary of Labor for Jefferson County, Colorado, is included herein. The complete Davis-Bacon 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 Davis-Bacon 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 Paul

White, Advocate for Commercial Practices, at (303) 384-7575. 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.

10. 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. The following documents can be downloaded from http://www.nrel.gov/workingwithus/standard-terms.html and http://www.nrel.gov/workingwithus/forms.html or the NREL RFP Contact (see item 2) will make the terms/forms available upon request.

The documents and forms that are listed below are applicable to this solicitation and resulting award:

Appendix/Form

NREL Standard Terms and Conditions: Appendix B-4 (3/1/2020);

NREL Intellectual Property Provisions: Appendix C-3 (3/1/2020);

NREL Small Business Lower-Tier Subcontracting Plan: Appendix F (3/1/2020)

NREL Representations and Certifications (8/1/2019) for Subcontracts;

NREL Proposal Form – Price/Cost Proposal Form (Adobe PDF)

NREL Conflicts of Interest Forms;

The Davis Bacon Wage Determinations applicable to this solicitation are attached and can be downloaded from the System for Award Management Website: https://beta.sam.gov/content/wage-determinations

▪ Wage Determination – CO20220002 Mod. 0, dated 1/7/22, Heavy

▪ Wage Determination – CO20220006 Mod. 0, dated 1/7/22, Highway

▪ Wage Determination – CO20220023 Mod. 0, dated 1/7/22, Building

11. 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 $39.5M in annual receipts.

12. Notice Regarding NREL Payments to Subcontractors

It is NREL’s standard practice to make all payments to domestic subcontractors via electronic (ACH) payments or to international subcontractors via wire transfers. Any Offeror receiving notification of an award under this solicitation must complete and submit a “Request for ACH/Wire Banking Information” form to the applicable NREL Subcontract Administrator. Payments to subcontractors will be deposited directly into the subcontractor’s designated bank account in accordance with the banking account/wire transfer information provided on the form by an authorized company representative. An electronic (PDF) copy of the form will be provided by the NREL Subcontract Administrator upon notification of award. Please do not include an ACH form with your response to this RFP.