RFP 4-B164-P-00049-00 APS BPA.pdf

U. S. Department of Energy Laboratory Managed by UChicago Argonne, LLC

RESTRICTIVE NOTICE

THE DRAWINGS AND SPECIFICATIONS INCLUDED IN THIS SOLICITATION ARE THE PROPERTY OF UCHICAGO

ARGONNE, LLC AND MAY ONLY BE FOR THE EXPRESS PURPOSE OF PREPARING A RESPONSE TO THIS SOLICITATION.

FURTHER DISSEMINATION OF DRAWINGS AND SPECIFICATIONS OTHER THAN TO POTENTIAL INDIVIDUAL

SUBCONTRACTORS AND/OR SUPPLIERS IS PROHIBITED, AND MAY SUBJECT THE DISSEMINATOR TO CIVIL

PENALTIES. THIS NOTICE SHALL BE MADE KNOWN TO AND BE APPLICABLE TO ALL POTENTIAL INDIVIDUAL

SUBCONTRACTORS AND/OR SUPPLIERS. DRAWINGS AND SPECIFICATIONS MAY NOT BE PLACED ON THE INTERNET

WITHOUT THE PRIOR WRITTEN PERMISSION OF UCHICAGO ARGONNE, LLC.

December 1, 2023

To All Prospective Offerors:

Subject: Request for Proposal (RFP) No. 4-B164-P-00049-00

BPA Contract - APS Site Operations

UChicago Argonne, LLC (“Argonne” or “Laboratory”) operator of Argonne National Laboratory under Prime Contract No. DE-AC02-06CH11357 with the U.S. Department of Energy (DOE), has a requirement to provide general construction services at the Argonne Site for APS

Operations as described in this solicitation. With this RFP, you are invited to submit a proposal in accordance with the solicitation requirements provided herein.

It should be noted that these required construction services may be procured utilizing the proposed Blanket Purchase Agreement (BPA) or through competition or other means. It is the

Laboratory’s intent to award a Blanket Purchase Agreement (BPA) which would provide for the issuance of individual Service Request Orders, either firm fixed price or time and materials. The successful Contractor shall provide all labor, equipment, materials, supplies, transportation, qualified supervision, and all other incidentals necessary to perform General Contractor services.

Individual firm fixed-price and time and materials Service Request Orders shall not exceed

$250,000.00. BPA Contract duration shall be for a one (1) year base period with three (3) one (1) year options. Based on historical data, the Laboratory may issue approximately one hundred

(100) service request orders per year with a potential aggregate value in the range of One Million

Dollars ($1,000,000.00) to Two Million Five Hundred Dollars ($2,500,000.00). This estimate is provided for planning purposes only and does not constitute a commitment on the Laboratory’s part. Notwithstanding the foregoing, the successful Offeror is not guaranteed any minimum dollar amount per year under this contract.

Nicholas Hitzler Procurement Specialist 2

Financial Management and Procurement Services Procurement Department

Argonne National Laboratory 9700 South Cass Avenue, Bldg. 201 Lemont, IL 60439 nhitzler@anl.gov

RFP No. 4-B164-P-00049-00

The successful Contractor 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.

For your information and use in preparing your proposal, we are providing you with the following applicable provisions.

1. EVALUATION CRITERIA

The Laboratory shall make a selection for award based on the principles of best value.

Best value is expected to result from selection of the highest technical acceptable proposal with the lowest evaluated proposed cost. However, it may be in the best interest of the Laboratory to consider award to other than the offeror with the lowest evaluated proposed cost if the perceived technical advantages of a higher evaluated proposed cost proposal merit the additional higher proposed cost. Enclosure No. 4 identifies the

Technical Criteria for evaluation.

2. DESCRIPTION AND LOCATION OF WORK

The contractor shall provide modifications, repairs, construction, alterations and installations to the facilities, building and infrastructure components and systems for APS occupied Buildings/areas. This work includes varied general construction, consisting of architectural, civil, structural, mechanical, plumbing and electrical items to be performed on a per call basis. The calls will be initiated through the issuance of individual calls per project/job by an authorized Call Manager. The calls will be construction type calls that typically include common indoor and outdoor construction activities.

BPA Contract duration shall be for a one (1) year base period with three (3) one (1) year options.

3. SMALL BUSINESS SIZE STANDARDS

The applicable annual receipt criterion for a small business concern in this area of construction is a concern that had average annual receipts for the preceding three (3) years not exceeding $45 Million (NAICS CODE 236220).

4. PRE-PROPOSAL MEETING

A virtual Pre-Proposal Meeting is scheduled for 1:00 PM, local prevailing time, Monday, December 11, 2023. The meeting can be accessed by the following link Click here to join the meeting. The meeting provides an opportunity to discuss and clarify this

RFP. However, nothing said or represented in the meeting shall be deemed to modify

RFP requirements unless followed by a written amendment. Prospective offerors are requested to submit written questions relative to the RFP in advance of the meeting so the contract specialist may prepare responses.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmUyNWQ2YWUtMzQ3ZC00MjE4LWExM2MtODJmYjA4YmNlZThk%40thread.v2/0?context=%7b%22Tid%22%3a%220cfca185-25f7-49e3-8ae7-704d5326e285%22%2c%22Oid%22%3a%224f0db833-de2c-4767-aa7f-0bc29935767b%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmUyNWQ2YWUtMzQ3ZC00MjE4LWExM2MtODJmYjA4YmNlZThk%40thread.v2/0?context=%7b%22Tid%22%3a%220cfca185-25f7-49e3-8ae7-704d5326e285%22%2c%22Oid%22%3a%224f0db833-de2c-4767-aa7f-0bc29935767b%22%7d

5. EXPLANATION OR INTERPRETATION OF RFP DOCUMENTS

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing to the Procurement Official by close of business (5:00 P.M.), Monday, December 18, 2023. Oral explanations or instructions given before the award of a contract will not be binding. Any information given by Argonne to a prospective offeror concerning a solicitation will be furnished promptly by Argonne to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective offerors.

6. INSURANCE

Certificates of insurance of the types and in the amounts set forth in “Bonds and

Insurance” clause in the enclosed Appendix A, Argonne Terms and Conditions for Fixed-

Price Construction Contracts (Enclosure No. 1. B.), will be required of your company before physical work at the site commences. In accordance with paragraph (g) of “Bonds and Insurance” clause, all policies shall provide by appropriate language that UChicago

Argonne, LLC, the University of Chicago, and the United States Government are additional insureds, that the insurance afforded by such policies is primary insurance, and that all rights of the insurer for contribution from other insurers of UChicago Argonne, LLC, the University of Chicago and the United States Government are waived.

7. DAVIS-BACON COMPLIANCE

The minimum wages paid laborers and mechanics engaged in construction work within the scope of this request shall be in accordance with the U.S. Department of Labor minimum wage determination in effect on the date of the solicitation (see the applicable

Labor Standards clauses in the enclosed Appendix A - Enclosure No. 1. B.). The appropriate determination will be attached to the contract as “Appendix-Wage Rates.” A sample copy of “Appendix-Wage Rates” setting out the wage rates now in effect is included with this RFP (Enclosure No. 1. G.). Enclosure No. 6, below, provides a detailed explanation for the method in which contractors are required to submit certified payrolls. Argonne currently holds the licensing agreement with LCPtracker and the use of its system will be free to all contractors and/or subcontractors

8. ILLINOIS OCCUPATION AND USE TAXES

Any resulting contract will be exempt from Illinois Occupation and Use Taxes.

9. NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS

All offers shall be in compliance with FAR 52.225-9 Buy American – Construction

Materials, FAR 52.225-140 Notice of Buy American Requirement – Construction

Materials, and FAR 52.225-11 Buy American – Construction Materials under Trade

Agreements of Appendix A. In accordance with the terms of Appendix A, all offerors shall appropriately identify and notify the Procurement Official of any foreign construction material planned for use under this requirement as soon as it is anticipated and with the submission of the offer. Form ANL-BAA-CM (February 21, 2022) is included with the RFP for use if needed.

10. PAYMENT BOND

The successful offeror will be required to furnish Argonne with a Payment Bond

(Enclosure No. 1. I.) within (10) calendar days after the effective date of the contract in a form and with sureties satisfactory to Argonne (see the “Bonds and Insurance” clause and the “Additional Bond Security” clause in the enclosed Appendix A (Enclosure No. 1. B.).

11. PERFORMANCE BOND

The successful offeror will be required to furnish Argonne with a Performance Bond

(Enclosure No. 1. J.) within (10) calendar days after the effective date of the contract in a form and with sureties satisfactory to Argonne (see the “Bonds and Insurance” clause and the

“Additional Bond Security” clause in the enclosed Appendix A (Enclosure No. 1. B.).

12. SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF

PROPOSALS

(1) Proposals and modifications to proposals shall be submitted electronically to nhitzler@anl.gov.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and email address of the offeror; and

(iii) Name, title, and signature of person authorized to sign the proposal.

(3) Late proposals and revisions.

Any proposal received at the designated email in the solicitation after the exact time specified for receipt of offers will not be considered unless it is received before award is made and it is in the best interest of the Laboratory.

(4) Proposals submitted in response to this solicitation shall be in English and in U.S.

dollars, unless otherwise permitted by the solicitation.

(5) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(6) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Laboratory Procurement Official.

13. SAFETY PERFORMANCE REQUIREMENTS

Offerors and their subcontractors shall have a record of good safety performance in order to be determined responsible and, therefore, eligible for contract award by the

Laboratory.

14. PRE-AWARD SURVEY

The Laboratory may conduct a pre-award survey to confirm any information furnished by the apparent successful offeror. The Laboratory may also require other evidence such as, but not limited to, said offeror’s managerial, financial, technical, safety and other capabilities, the existence of which the Laboratory determines is necessary for the successful performance of the contract.

The apparent successful offeror must affirmatively demonstrate its responsibility, and, if requested by the Laboratory, the responsibility of its proposed subcontractors.

15. SUBCONTRACTING PLAN

The Laboratory will require submittal of a subcontracting plan in accordance with Clause entitled, “Small Business Subcontracting Plan” of the Appendix A Argonne Terms and

Conditions for Fixed Price Construction Contracts from the successful offeror. The

Laboratory will examine the plan to determine its acceptability. The accepted plan will be incorporated into any resultant contract. The requirement for submittal of a subcontracting plan does not apply if the successful offeror is a small business concern.

The Procurement Official will notify the successful offeror when the small business plan should be submitted.

16. PROPOSAL SUBMITTAL INSTRUCTIONS AND OTHER ADMINISTRATIVE

ITEMS

Enclosure No. 1, below, represents the anticipated contractual vehicle format, including standard terms and scope of work.

These enclosures are provided for your company’s information and review only. Unless otherwise negotiated, it is anticipated that said terms will be incorporated into any resultant agreement. Request for waivers or deviations from any terms or conditions must be specified in writing along with justifications for deletion or waiver. Excessive exceptions may be grounds to deem an offer non-responsive.

Your attention is directed to the enclosed documents which constitute requirements for this RFP and should be fully complied with as indicated. Note that this is a Request for

Proposal, not a contract.

Argonne will award a contract to the responsible offeror whose offer, by conforming to the solicitation, will be most advantageous to Argonne.

Argonne reserves the right to accept or reject all proposals if that is determined to be in the best interest of Argonne. Award may be made without discussion; and hence, your proposal should be submitted initially on the most favorable terms. It is brought to your attention that the authorized Argonne Procurement Official is the only individual who can legally commit Argonne to the expenditure of funds in connection with this proposed procurement. This RFP does not commit Argonne to pay any cost for the preparation and submission of a proposal.

Your proposal should be submitted in accordance with Enclosure No. 5 Instructions for

Preparation of Proposals and Notice to Offerors dated December 1, 2023. Your pricing proposal shall be submitted on the enclosed Proposal Form (Enclosure No. 7) and should include acknowledgment of all amendments/addenda issued under this RFP. Electronic submission of offers is required.

Your proposal should be submitted electronically to nhitzler@anl.gov on or before 3:00

P.M., local prevailing time Monday, January 8, 2024.

Your offer should be effective for a period of sixty (60) days from the proposal due date. If you have any questions pertaining to this RFP, contact Nick Hitzler/nhitzler@anl.gov.

Enclosure No. 1: (Contract Articles and Special Provisions applicable to any resultant contract):

A. Sample Construction Blanket Purchase Agreement, ANL-21(May 31, 2023) amended for

RFP No. 4-B164-P-00049-00.

B. Appendix A, Argonne Terms and Conditions for Fixed-Price Construction Contracts, ANL-526 (October 23, 2023), modified as follows:

1. In furtherance of Clause 3 entitled, BONDS AND INSURANCE, the amount of the payment bond and performance bond shall be $2,500,000.00. The bonds shall be in force for the duration of the contract.

2. Clause 103 Key Personnel is hereby added as follows:

“103. KEY PERSONNEL (DEC 2000)

a. The personnel listed in Clause, Key Personnel, are considered essential to the work being performed under this contract. Before removing, replacing, or diverting any of the listed or specified personnel, the

Contractor must:

1. Notify the Laboratory Procurement Official reasonably in advance;

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

3. obtain the Laboratory Procurement Official's written approval.

Notwithstanding the foregoing, if the Contractor deems immediate removal or suspension of any member of its management team is necessary to fulfill its obligation to maintain satisfactory standards of employee competency, conduct, and integrity, the Contractor may remove or suspend such person at once, although the Contractor must notify

Laboratory Procurement Official prior to or concurrently with such action.

b. The list of personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel.”

Appendix A-1, Argonne Terms and Conditions (For Labor-Hour and Time and Materials

Contracts), ANL-528 (February 1, 2022).

Appendix A-2, Special Provisions dated March 18, 2022.

C. Appendix B, Affirmative Action Requirements, PD-115 (May 2001).

D. Appendix C, Statement of Work entitled, BPA Contract - APS Site Operations Scope of

Work dated October 4, 2023.

Appendix C Attachment, Construction Specifications Revision 0 dated December 1, 2023.

E. Appendix D-8-Construction, Intellectual Property Provisions - Construction Requiring

Delivery of Data PD-101 (June 2020).

F. Appendix “E,” Pricing Schedules:

Appendix E-1, Hourly Rate Schedule dated (TBD).

Appendix E-2, Equipment Rate Schedule dated (TBD)

Appendix E-3, Representative Small Tool List dated December 1, 2023.

Appendix E-4, Representative Consumable List dated December 1, 2023.

G. Appendix E, Wage Rates

General Decision Number IL20230008, Building & Residential, Modification No. 15, dated November 24, 2023.

General Decision Number IL20230011, Heavy & Highway, Modification No. 14, dated

October 27, 2023.

General Decision Number IL20230020, Landscape, Modification No. 3, dated September

15, 2023.

H. Appendix G, Service Request Order Form Revision 0 dated December 1, 2023.

I. Form ANL-22, Payment Bond (October 31, 2006). (Do not complete at this time, for reference only).

J. Form ANL-24, Performance Bond (October 31, 2006). (Do not complete at this time, for

K. Certificate of Labor Compliance, ANL-564 (5/97). (Do not complete at this time, for

L. U.S. Department of Labor Payroll Form, WH-347 (Nov 1998) and Instructions for completion. (Do not complete at this time, for reference only).

Enclosure No. 2: “Pre-Award Information” including “Booklet of Representations and

Certifications”, ANL 70-B (June 6, 2022).

Enclosure No. 3: Argonne National Laboratory Contractor Safety Information

Questionnaire, PFS-525 (8/05).

Enclosure No. 4: Evaluation Criteria dated December 1, 2023.

Enclosure No. 5: RFP Instructions dated December 1, 2023.

Enclosure No. 6: LCP Tracker System Information dated March 17, 2015.

Enclosure No. 7: Proposal Form dated December 1, 2023.

Sincerely, Nicholas Hitzler

Procurement Specialist 2/Procurement Official

Procurement Department

NAH/nah

Enclosures

RFP No. 4-B164-P-00049-004-B164-P-00049-00

SOURCE TITLE AND DATE

Appendix A-Labor Hour Appendix A Terms and Conditions for Labor Hou (02/01/22)

Appendix B Appendix B - Affirmative Action Requirements (05/03/01)

Appendix D8 Construction Appendix D8 Construction Intellectual Propert (06/29/20)

Appendix A-Construction Appendix A Fixed-Price Construction Terms and (10/23/23)

RFP No. 4-B164-P-00049-004-B164-P-00049-00