RFP BZ-2025-04.pdf

(Rev. 07/26/24)

Lawrence Berkeley National Laboratory

Request for Proposal number BZ-2025-04

Cryo-Electron Microscopy Instruments

Proposal Due Date: January 23, 2025

North American Industry Classification System Code:

334516 Analytical Laboratory Instrument Manufacturing

University Procurement Representative:

Brian Zatkow

(510) 495-2547 bzatkow@lbl.gov mailto:bzatkow@lbl.gov

University of California, Managing and Operating Lawrence Berkeley National Laboratory Request for Proposal No. BZ-2025-04

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory (“University” or “LBNL”) requests a proposal for Focused Ion Beam and Scanning Transmission Electron Microscope instruments usable at cryogenic conditions for the Molecular Foundry, in accordance with this RFP, Sample Subcontract, and other enclosures.

This solicitation is governed by procurement policies and procedures established under the University’s Prime Contract No. DE-AC02-05CH11231 with the U.S. Government, represented by the Department of Energy (DOE), for management and operation of LBNL. Proposals submitted will be treated as offers and any resulting award(s) will be a Subcontract under the University’s Prime Contract.

1.1 Abbreviations

● Cryogenic Temperatures (at or near 77K with liquid nitrogen cooling) – Cryo

● Department of Energy – DOE

● Electron Energy Loss Spectroscopy – EELS

● Energy Dispersive Spectroscopy – EDS

● Focused Ion Beam – FIB

● Lawrence Berkeley National Laboratory – University or LBNL

● Liquid Nitrogen – LN2

● Molecular Foundry – Foundry

● Nationally Recognized Testing Laboratory – NRTL

● Request for Proposal – RFP or Solicitation

● Scanning Electron Microscope – SEM

● Scanning Transmission Electron Microscopy – STEM

● Transmission Electron Microscopy – TEM

Additionally, the term “instruments” will be used as shorthand throughout the RFP, and may refer to any of the instruments that are being solicited.

1.2 Scope

LBNL intends to acquire scientific instruments and related accessories to satisfy the following capabilities.

They are listed here in order of importance. The final number, combination, and configuration of instruments (including options) that will be acquired is dependent on performance specifications and prices proposed, along with available funding. The capabilities required from these instruments are as follows:

1. High resolution TEM imaging used for single particle analysis and cryo-tomography for biological specimens under cryogenic conditions (CryoTEM)

2. High resolution STEM imaging for ptychography and 4D-STEM under cryogenic conditions for materials science applications (CryoSTEM)

3. Dual beam FIB to be used for TEM sample preparation and cryogenic transfer to a TEM (CryoFIB)

It is possible that combinations of these capabilities could be satisfied with fewer than three instruments.

Offerors may propose any number of instruments that would satisfy these requirements.

https://foundry.lbl.gov/ https://www.osha.gov/nationally-recognized-testing-laboratory-program/current-list-of-nrtls

1.3 NAICS Code and Small Business Size Standard

The North American Industry Classification System (NAICS) Code for this acquisition is 334516 (Analytical Laboratory Instrument Manufacturing). The corresponding small business size standard for this acquisition is 1,000 or fewer employees.

The offeror shall complete the Small Business Program Representations clause in the attached Representations and Certifications form based on this small business size standard. Refer to Subpart 19.1

- Size Standards, of the Federal Acquisition Regulation (FAR) for information on calculating the number of employees.

Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the Women-Owned Small Business (WOSB) Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

2. SOLICITATION RESPONSE REQUIREMENTS AND EVALUATION FOR AWARD

2.1 General

The offeror must submit documentation illustrating their approach for satisfying the requirements of this solicitation. Failure to submit any of the information required by this solicitation may be cause for unfavorable consideration or exclusion from further consideration. Proposals must be written in English and be clear, coherent, and prepared in sufficient detail for effective evaluation.

Written proposals must be submitted by email to the University Procurement Representative (bzatkow@lbl.gov) no later than 3:00pm Pacific Time on Thursday January 23, 2025.

All correspondence in conjunction with this solicitation must be directed to the University Procurement Representative. Proposals shall be valid for a period of 120 days from the proposal due date. Acceptance of late proposals will be at the University’s discretion. The University reserves the right to reject any proposal, to waive any minor proposal irregularities, or to cancel this RFP at any time prior to award without cost to the University. The University will not reimburse any firm for proposal preparation or any other costs related to the participation in this RFP.

2.2 Offerors’ Questions

The University will respond to questions submitted via email to the University Procurement Representative on or before 3:00pm Pacific Time on Thursday January 16, 2025. Questions submitted after this date may not be answered prior to the proposal due date. Answers to questions that are submitted timely will be issued or be made available to all offerors electronically, ensuring that the identity of all offerors will remain anonymous.

mailto:bzatkow@lbl.gov

2.3 Evaluation and Selection

2.3.1 Determination of Responsive and Responsible Offers

The University intends to select for award the responsive and responsible offerors whose proposal contains the combination of price, performance features, and supplier attributes offering the best overall value to the University.

An initial review of offers will be performed by the Procurement Specialist to determine if the offer is complete and provides all the required information enable the University to evaluate the offer to determine if it is responsive. Offerors may be contacted only for clarification purposes during the initial review.

Incomplete offers may be considered non-responsive and may be excluded from further consideration if the omissions are substantive (e.g., one or more required documents not submitted, one or more evaluation factors not addressed). Offerors will be notified when appropriate in the interest of fair business practice and professional courtesy if their offer was determined non-responsive and/or not meeting minimum requirements and the reasons for rejection will be provided if a debrief is requested.

A responsive offeror is one whose proposal satisfies the requirements of this RFP including those listed in Section 2.4, and the requirements of the Sample Subcontract and its incorporated documents. A responsible offeror is one that has adequate financial resources, ability to comply with the performance schedule, has a satisfactory performance record, has the necessary technical skills to be considered capable of performing and is otherwise eligible and qualified to perform the proposed Subcontract at the time of award. An offeror cannot be determined as “responsible” if it is currently ineligible for receiving new federal government prime contracts or subcontracts. The determination of responsiveness and responsibility of complete offers will be made by a team consisting of technical and procurement personnel and considering the evaluation factors described in Section 2.4, below.

2.3.2 Evaluation of Performance Features, Supplier Attributes and Non-Technical Factors Once the University has determined offers are complete in the initial review, the University will go on to determine the best overall value by evaluating the performance features, supplier attributes, and non-technical factors including the price. The University Procurement Representative will make a determination for award to the successful offeror based on the results of the evaluation.

The University’s expectations for these evaluation factors are stated in Sections 2.4.2.1 and 2.4.3.2. The University reserves the right to award to other than the lowest price. Offerors should therefore strive to be persuasive in describing the value of their proposed performance features, supplier attributes, and other factors, including how they would enhance the likelihood of successful performance and achievement of the University’s objectives. Price will be evaluated based on the total proposed price, including freight and (if applicable) import duties and tariffs.

2.3.3 Additional Evaluation Considerations

The University’s evaluation will be based on the information provided by the offeror(s), the University’s own experience with the offeror(s), and/or information obtained from the offeror’s references and other sources. In its evaluation, the University will consider the degree of substantiation of the proposed approaches in the proposal volumes. The University is not responsible for locating or securing any information which is not included in the proposal. To ensure sufficient information is available, offerors must furnish as part of their proposal all descriptive material (such as manuals, drawings, technical specifications, or other information) necessary for the University’s evaluation.

Offerors are advised that, although negotiations may follow receipt of proposals, award may be made without discussions on proposals received. If the University determines that revised proposals are necessary, the University may solicit them from only those offerors deemed to have a reasonable chance to be selected for award. An offeror is identified as having a reasonable chance of award based on the evaluation indicating they are responsive and responsible; their offer satisfies the minimum requirements of the solicitation; they have presented acceptable or better performance features and supplier attributes;

they have sufficient bandwidth to take on new work; and their proposed pricing is considered fair and reasonable. The University reserves the right to make no awards, a single award, or multiple awards as a result of this solicitation, if it is in the best interest of the University.

2.4 Proposal Submittal Requirements

Proposals should consist of a cover letter, a technical volume, and a business volume. Offerors should submit these as separate documents. All documents must be submitted in English and must use the International System of Units (SI). Proposals must include information on the following evaluation factors. A description of the information required of each factor is provided after the table.

Volume Factor

Cover Letter See 2.4.1 below

Desired Features and Attributes

Factor 1 – Desired Capabilities

Factor 2 – Desired Technical Features

Technical Volume Factor 3 – Desired Options

Factor 4 – Reliability / Service / Warranty

Factor 5 – Lead Time for Delivery

Factor 6 – Past Performance

Factor 7 – Quality Management / Quality Assurance

Business Volume

Non-Technical Evaluation Factors

Representations & Certifications

Price Proposal

Acceptance of LBNL Terms and Conditions

2.4.1 Cover Letter

The cover letter must identify the offeror’s name and address, solicitation number and title, the name(s), title(s), email address(es), and telephone number(s) of the individuals in offeror’s organization who have commitment authority on behalf of the offeror and will be responsible for contractual negotiations and administration of any resultant Subcontract.

2.4.2 Technical Volume

The technical volume should contain a comprehensive discussion of how the offeror will fulfill the technical requirements and successfully perform the Subcontract, including a discussion of important performance features and supplier attributes, highlighting any aspects which may separate it from its competitors.

2.4.2.1 Performance Features and Supplier Attributes

The technical volume should identify, describe, and discuss the following performance features and supplier attributes the University has identified as desirable for the successful performance of the proposed Subcontract. The University will use these criteria for the subjective evaluation of proposals. The criteria are listed in the relative order of importance to the University. The offeror should discuss them in the proposal and may identify other performance features and supplier attributes not listed below that the offeror believes may be of value to the University. If the University agrees, they will be considered in the evaluation process. In all cases, the University will assess the value of each proposal as submitted.

The following adjectival ratings will be used to rate the performance features and supplier attributes:

● Excellent: Proposal demonstrates excellent understanding and satisfaction of the University’s requirements. Its approach significantly exceeds the desired performance features and supplier attributes and is highly beneficial to the University. There are no evaluated weaknesses.

● Good: Proposal demonstrates good understanding and satisfaction of the University’s requirements.

Its approach exceeds the desired performance features and supplier attributes and is beneficial to the University. There are no significant evaluated weaknesses.

● Acceptable: Proposal demonstrates an adequate understanding and satisfaction of the University’s requirements. Its approach satisfies most desired performance features and supplier attributes and is beneficial to the University. There may be minor, but correctable evaluated weaknesses.

● Unacceptable: Proposal fails to demonstrate an adequate understanding of the University’s requirements or its approach fails to meet desired performance features or supplier attributes that are beneficial to the University. There are unacceptable weaknesses that can only be met with major changes to the proposed approach.

Factor 1 – Desired Capabilities

• Factor 1.0 – All instruments

The offeror should demonstrate an adequate level of instrument documentation, including appropriate acceptance criteria and NRTL Certification.

The offeror must include in its proposal all published and relevant documentation for every instrument proposed (PDFs are preferred, but hyperlinks are acceptable) The offeror must include in its proposal a sample and/or example of both a Factory Acceptance Test and a Site Acceptance Test (including proof of resolution) for every instrument being proposed The offeror must include in its proposal proof of NRTL Certification for every instrument proposed

• Factor 1.1 – CryoTEM Operational Capabilities The offeror should propose an instrument that includes the following capabilities:

The system should have an energy filter for imaging and diffraction The system should have a cold field emission source The system should have a large field direct electron detector with a minimum 3.5k by 3.5k pixels The system should have cartridge-based loading for multi-sample loading under a continuous cryogenic chain The system should have alignments for 80kV and 300kV The system should have an active vibration isolation system The system should have a maximum sample tilt angle of +/-70 degrees

• Factor 1.2 – CryoSTEM Operational Capabilities

The offeror should propose an instrument that includes the following capabilities:

The system should have a probe aberration corrector The system should have a cold field emission source The system should have a pixelated detector (Dectris ARINA or equivalent) with synchronized scanning control for 4D-STEM imaging The system should have a Bright Field detector, an Annular Bright Field detector, and a High Angle

Annular Dark Field detector The system should have an active vibration isolation system

• Factor 1.3 – CryoFIB Operational Capabilities The offeror should propose an instrument with cryogenic loading, imaging, and transfer of samples that includes the following capabilities:

Sample drift measurement after stabilization at cryogenic temperatures Imaging resolution tests for ion beam at 30kV and 5kV Cryogenic lift-out capability for site-selective sample preparation Protocol and equipment for cold transfer to the cryoTEM

Factor 2 – Desired Technical Features

• Factor 2.1 – CryoTEM Desired Technical Features

The offeror should propose an instrument that includes the following desired technical features:

Sample drift measurement after stabilization at LN2 temperature Automated tomography (the offeror should describe how the software provided as part of this design allows for automated acquisition of tomographic tilt series in TEM) Single-Particle Automated Workflows and Configuration Resolution specifications at both zero tilt and high tilt (70 degrees or higher) for 300kV at LN2 temperature Measurement of ice contamination rate (via intensity loss or equivalent) High throughput data acquisition capability for both single-particle analysis and cryo-tomography

• Factor 2.2 – CryoSTEM Desired Technical Features

The offeror should propose an instrument that includes the following desired technical features:

Sample drift measurement after stabilization at LN2 temperature https://www.dectris.com/en/detectors/electron-detectors/for-materials-science/arina/

4D-STEM (scanning diffraction) data acquisition (the offeror should describe how this microscope design/configuration will be equipped with detectors, scanning electronics, and control software to acquire this data)

Resolution specifications for 80kV and 300kV at LN2 temperature Measurement of ice contamination rate (via intensity loss or equivalent) Nanobeam diffraction capability

• Factor 2.3 – CryoFIB Desired Technical Features The offeror should propose an instrument that includes the following desired technical features:

Sample drift measurement after stabilization at cryogenic (near LN2) temperatures Imaging resolution specifications for SEM at 5kV and 30kV Imaging resolution specifications for ion beam at 30kV Ability to automate TEM sample preparation

Factor 3 – Options

• Factor 3.1 – CryoTEM

The offeror should include in their proposal availability and technical specifications of the following desired options for the instrument being proposed:

Multi-sample cartridge to hold multiple grids that can be loaded into the instrument in a single operation Dynamic dose modulation (the offeror should describe any capabilities that enable modulating the electron dose in TEM mode without changing the spot size or other microscope alignments)

• Factor 3.2 – CryoSTEM The offeror should include in their proposal availability and technical specifications of the following desired options for the instrument being proposed:

EDS Performance (the offeror should describe how this microscope design/configuration will be equipped with an EDS detector) EELS Performance (the offeror should describe how this microscope design/configuration will be equipped with an EELS Spectrometer) The ability to tilt the sample along two orthogonal axes (double-tilt) Dynamic dose modulation (the offeror should describe any capabilities that enable modulating the electron dose in STEM mode without changing the spot size or other microscope alignments)

• Factor 3.3 – CryoFIB The offeror should include in their proposal availability and technical specifications of the following desired options for the instrument being proposed:

Related sample preparation equipment such as a plunge-freezer and/or high-pressure freezing system Automated 3D FIB-SEM tomography with controlled slice thickness option Imaging resolution specifications for 1kV ion beam imaging

Factor 4 – Product Support Service / Warranty The offeror should propose equipment that can maintain reliable operations over an expected lifespan of at least 10 years with suitable support.

The offer should include in its proposal information about the following:

• Expected operational lifetime of the instrument(s), including documentation supporting these estimates

• Guaranteed uptime statistics for each instrument proposed

• Suggested maintenance to maintain operation over the expected lifespan

• A list of service contracts available for each instrument proposed, including tiers and current prices

• Warranty information

• Long-term support policy and product end-of-life policy (e.g. when will support end, etc.)

Factor 5 – Lead Time for Delivery The offeror must propose a lead time for delivery of the instruments after the Subcontract is awarded.

The proposal must identify the lead time for delivery of each instrument proposed.

Factor 6 – Past Performance The offeror should have successfully performed within the last three years contracts similar in type and complexity as the proposed Subcontract.

The offeror must include in its proposal a written description of up to three contracts within the last three years that demonstrate that the offeror has successfully delivered similar instruments in a quality manner (e.g., letters of reference, project documentation, etc.). Included in the description of these contracts should be the client/customer technical and business contact information (name, title, telephone number, and/or email address).

Information on problems encountered on the identified contracts and creative solutions with respect to corrective actions taken is encouraged.

The offeror must provide the number of termination for default notices received over the past three years either directly or as a partner, member of an LLC, joint venture, or other similar relationship. The offeror should include a summary of each termination for default notice. The offeror must disclose any contract/subcontract performance incidents where litigation has been initiated over the past three years.

However, in such instances, the offeror will not be required to submit attorney-client privileged information or be required to disclose specific details surrounding the incident. Please state if no termination for default notices have been received.

Factor 7 – Adequate Quality Management System or Quality Assurance Program The offeror should have a Quality Management System (QMS) or Quality Assurance (QA)/Quality Control (QC) Program.

The offeror should submit with its proposal a copy of its QMS or QA Program Manual that describes and demonstrates how QA/QC is incorporated into its policies, processes and work activities at the corporate level, and how the Program requirements are flowed-down to lower tier subcontractors and suppliers at the project level. The QMS or QA Program may be a standalone document or QA Standard Operating Procedures (SOP) that collectively describe the QMS or QA Program. The basis for the offeror’s QMS or QA Program should be American Society of Mechanical Engineers (ASME) Nuclear Quality Assurance (NQA-1), International Standards Organization (ISO) 9001 or other QMS/QA industry standard. The offeror should discuss and describe how they as a Company manage and incorporate quality assurance into their processes (Corporate Quality Culture) and how the offeror will develop a project-level document that manages the QA/QC throughout the life cycle of this project.

The offeror should submit with its proposal official substantiation of current applicable third-party national or international accreditation(s) of their QMS or QA Program for the requested services (e.g., ISO, International Electrotechnical Commission (IEC), National Voluntary Laboratory Accreditation Program (NVLAP), DOE Laboratory Accreditation Program (DOELAP), Accredited Quality Contractor (AQC), National Environmental Balancing Bureau (NEBB) Firm Accreditation, Testing, Adjusting and Balancing Bureau (TABB) Certified Commissioning Contractor (CCC).

2.4.3 Business Volume

2.4.3.1 Enclosures

The offeror must complete the Representations and Certifications form and submit it with the business volume. Failure to submit this form may result in a determination of non-responsiveness.

The following enclosures are provided for informational purposes and should not be returned with the proposal:

● Sample Subcontract

● General Provisions for Commercial Supplies and Services dated 12/22/23

● Insurance Certificate Instructions

2.4.3.2 Non-Technical Factors

The following non-technical factors will also be evaluated as a part of the negotiation and award process.

2.4.3.2.1 Price Proposal

Price, while being an important factor, is not in and of itself the determining factor in the selection of the successful offeror for award of the Subcontract contemplated by this solicitation. Price is not weighted;

rather, each offeror’s price will be evaluated for realism, reasonableness, and completeness of the proposed Subcontract price. All prices must be proposed in US Dollars. The price proposal must include firm fixed prices, itemized as follows.

● Price for the instrument(s), itemized by component.

● Price for options, itemized individually for each option.

● Estimated freight costs (DPU Berkeley per Incoterms 2020).

The Price Proposal should also include the following information, if applicable:

● Bundle discounts offered for one or more instruments.

● Harmonized Tariff Code (if instruments will be brokered through US Customs).

Due to this project’s funding profile, a milestone payment schedule which will span two LBNL fiscal years will be required (FY25 and FY26). No advance deposits or down payments are allowable, and subcontract signature is not an acceptable milestone. All milestones must be based on performance measured by objective, quantifiable methods; accomplishment of defined events; or other quantifiable measures of results, and should generally be representative of the costs that a subcontractor would likely have to incur to achieve each milestone up to that point in time which can be demonstrated to the University’s satisfaction. A rationale and/or business case must be included in the offeror’s proposal for every proposed milestone. LBNL’s fiscal year runs from October 1 to September 30, and it is currently

FY25.

2.4.3.2.2 Offeror’s Acceptance of Terms and Conditions

The offeror should accept the terms, conditions, General Provisions, and other incorporated documents of the Sample Subcontract (“Terms & Conditions”), including the requirement to include clauses in its lower-tier subcontracts at any tier, to the extent applicable. The Terms & Conditions have been approved by the DOE, and it is not the University’s intent to make material changes. While an offeror may request exceptions to the Terms & Conditions, such exceptions may reflect unfavorably upon the offeror’s proposal. Exceptions make it difficult to compare competing offers, and the process of resolving exceptions may be time-consuming and result in unacceptable delays in the award of a Subcontract.

The offeror should include in its proposal a statement that the offeror takes no exceptions to Terms & Conditions, or else a statement that the offeror is requesting exceptions. The offeror should include in its request for consideration of exceptions a separate document with all proposed revisions indicated by tracked changes, referencing the Subcontract article or General Provisions clause to which the proposed revision applies. The offeror must also include in its request for consideration of all exceptions a rationale and/or business case for that exception, providing a justification for the requested change and an analysis of any increased risk to the University.

The University will attempt to resolve exceptions in a timely manner through an iterative process and with review, concurrence, and/or approval of both the University and DOE. However, offerors are advised that when exceptions cannot be resolved and agreement cannot be reached on Terms & Conditions, award will not be made to otherwise successful offerors.

3. SOLICITATION PROVISIONS

3.1 Restriction on Disclosure and Use of Proposal Data

The University will safeguard any commercial or financial data or information contained in proposals when marked in accordance with paragraph (e) of Federal Acquisition Regulation clause 52.215-1. Such data or information includes (i) trade secrets or (ii) commercial or financial information that is privileged or considered business confidential, either of which is developed at private expense.

The University will endeavor to properly maintain such data and information to the same degree as its own data and information and not disclose such data or information to individuals other than those working for the University or the Government on this procurement. These individuals will be bound by an obligation of confidentiality to use such data or information solely for the purpose of evaluation of the proposal. Proposals received will be retained and disposed of in accordance with requirements in the University’s Prime Contract with DOE.

If the offeror intends to use a product or process for which there is a patent position, the proposal should so indicate and list patent applications and/or patents granted (including dates, numbers, and descriptions), and whether the Government has rights related to the patents.

3.2 Export Control Classification Information

Before Subcontract award, the offeror will provide export control classification information for all items as required by the Representations and Certifications. Items may not be accepted without the export control information required by this Solicitation.

If any of the ordered items (including data, software, or services) are export controlled under the International Traffic in Arms Regulations (22 CFR Sections 120-130, aka "ITAR"); the Export Administration Regulations (15 CFR Sections 730-774, aka "EAR"); the Nuclear Related Regulations (10 CFR 110 and 10 CFR 810); the Foreign Assets Control Regulations (31 CFR section 500-599, aka "OFAC"); or if sourced internationally, i.e., controlled under a country's equivalent dual use or military strategic goods list, then the Subcontractor agrees to provide the Procurement Representative with written notification of this export controlled status prior to shipment or transfer to the University. The notification must specifically identify the export-controlled item(s) and its export classification. The University reserves the right to cancel or modify any part of the Subcontract that includes export-controlled items, data, software, or services prior to accepting delivery. Subcontractor shall indemnify the University and the Government for all export enforcement mitigation cost, fines, or penalties incurred by the University, specifically arising from Subcontractor's failure to comply with this notification provision and the University's reliance on the Subcontractor's representation as provided.

3.3 System for Award Management (SAM)

The selected offeror will be required to be registered in the federal government’s SAM database within 30 days of Subcontract award. This requirement will not apply if the work supports emergency operations or the Subcontract is with an individual for work performed outside the U.S. and its outlying areas. Refer to the System for Award Management (FAR Clause 52.204-7) and System for Award Management Maintenance (FAR clause 52.204-13) clauses for additional information.

3.4 Internet Protocol Version 6 (IPv6) Compliance

All IP-enabled assets delivered to the University, or to any subcontractor facility or remote work location used to conduct work for or on behalf of the Lawrence Berkeley National Lab must be IPv6 capable, and be capable of operating in an IPv6-only mode.

All software developed or acquired that incorporates direct IP-addressing or functionality, must also be capable of operating in an IPv6-only mode. Delivered hardware and system acquisitions and software development must all meet the requirements of the U.S. Government v6 Profile (USGv6), defined in the most current version of NIST SP 500-267.

The offeror shall notify the University in writing in their proposal if any proposed items or services do not meet these requirements.

3.5 Buy American Act Requirements - Supplies

The General Provisions of the Sample Subcontract include FAR Clause 52.225-1, Buy American Act - Supplies, which requires that only domestic end products be delivered (i.e., products manufactured in the United States or unmanufactured products mined or produced in the United States), unless a specific exception applies. The offeror is to indicate in the Representations & Certifications form, to be submitted with the proposal, whether it proposes to furnish any foreign end products.

The University may apply an exception to the Buy American Act for a proposed foreign end product if:

1. Its price, including any customs duty, is more than 20% less than the price for a comparable domestic end product available from a large business concern, or more than 30% less than the price for a comparable domestic end product available from a small business concern; or

2. A domestic end product satisfying the University’s requirements is not reasonably available.

If the offeror proposes to furnish any foreign end product, the proposal should also include information and data supporting its use as an exception to the Buy American Act. Refer to FAR Clause 52.225-1 for the definition of end product, domestic end product, and foreign end product.

3.6 Safety-Related Requirements

The selected offeror and its lower-tier subcontractors performing work at an LBNL worksite are subject to the DOE Worker Safety and Health Program regulation of Title 10, Part 851 of the U.S. Code of Federal Regulations (10 CFR 851), as amended by the variance to 10 CFR part 851, Worker Safety and Health Program, approved by DOE in August of 2019. The approved variance allows the selected offeror and lower tier subcontractors to follow applicable California Department of Labor Codes such as California Occupational Safety and Health Administration’s (Cal-OSHA) safety and health regulations in Title 8, including an Injury and Illness Prevention Program (IIPP), in lieu of specified provisions in 10 CFR part 851, Subparts B and C, and Appendix A. The Department of Energy retains enforcement authority per 10 CFR part 851, subpart A.

The selected offeror shall also perform the work in compliance with the LBNL Health and Safety Manual, available at https://ehs.lbl.gov/resource/documents/esh-manual-pub-3000/, which implements the requirements of 10 CFR 851, as well as their Cal-OSHA mandated Injury and Illness Prevention Plan (IIPP) or equivalent and all other LBNL safety procedures and policies communicated to the Subcontractor. As part of this requirement, the Subcontractor and its lower-tier subcontractors shall inform their workers of their rights and responsibilities by appropriate means, including posting the DOE-designated 10 CFR 851 It's the Law Worker Protection Poster at its LBNL workplace where it is accessible to all workers. Provisions implementing the requirements of the regulation are included in the Sample Subcontract.

The selected offeror’s personnel working on-site may be required to complete safety or other training specific to the LBNL facility or worksite where the work will be performed. The required training courses will be specified in the Subcontract documents. Subcontractor costs for the training are reimbursable under the Subcontract to the extent that the costs are identified in the offeror’s proposal and incorporated into the resulting Subcontract.

The selected offeror may not commence any work performed at an LBNL worksite until the Subcontract has been awarded and signed. The Subcontract will not be awarded, or site work allowed to begin, until the selected offeror submits and the University accepts the following documents:

• Insurance Certificates, endorsement, or other documentation confirming the insurance coverage

• Subcontractor Job Hazard Analysis and Authorization Form for Non-Construction Activities

Performed at LBNL Facilities (SJHA) https://ehs.lbl.gov/resource/documents/esh-manual-pub-3000/

The selected offeror will be provided instruction on submittal of such documents.

3.7 Shipping Insurance

All quotes and cost proposals must include the cost of shipping insurance to cover risk of loss of items in shipping. The subcontractor or their shipper shall be required to cover replacement of any and all items lost in shipping.

3.8 Hazardous Material Identification and Safety Data

The offeror must include in its proposal a list of any hazardous material to be delivered or used on-site under the Subcontract. Hazardous material, as used herein, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the Subcontract). The list must be similar to the sample list below. The hazardous material must be properly identified and include any applicable identification numbers, such as National Stock Number or Special Item Number. This information must also be included on the Safety Data Sheets (SDS).

SAMPLE LIST

Hazardous Material (If none, insert None)

Identification No.

The selected offeror must make available to the University, upon request, SDS meeting the requirements of 29 CFR 1910.1200 and the latest version of Federal Standard No. 313, for all hazardous material identified in the list provided pursuant to this instruction. Failure to have SDS that meet these requirements may result in the selected offeror being considered nonresponsive and ineligible for award.

The selected offeror, by acceptance of the resulting Subcontract, certifies that the list provided pursuant to this instruction is complete. This list must be updated prior to award or during performance of the Subcontract whenever any other hazardous material is to be delivered under the Subcontract. After award, the selected offeror will be required to comply with FAR Clause 52.223-3, Hazardous Material Identification and Material Safety Data, including its Alternate I.

3.9 Brand Name or Equal

If an item in this solicitation is identified by a brand name, such identification is intended to be descriptive, but not restrictive, and is to indicate the salient characteristics and level of quality that will satisfy the University’s requirements.

Unless the offeror clearly indicates in its offer that the item being offered is an equal product, the offeror shall provide the brand name item referenced in the solicitation. To be considered for award, offers of equal items, including equal items of the brand name manufacturer, must:

1. Meet the salient physical, functional, or performance characteristic specified in this solicitation;

2. Clearly identify the item by brand name, if any, and make or model number;

3. Include descriptive literature such as illustrations, drawings, or a clear reference to descriptive data or information reasonably available; and

4. Clearly describe any modifications the offeror plans to make to a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

The University will evaluate offers of equal items on the basis of information furnished by the offeror or identified in the offer and reasonably available. The University is not responsible for locating or obtaining any information not identified in the offer.

3.10 Ensuring Adequate COVID-19 Safety Protocols

Any Subcontract awarded as a result of this solicitation will include FAR 52.223-99 ENSURING

ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)

(DEVIATION), this clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

Enforcement of FAR 52.223-99 is currently enjoined by a federal court. Therefore, compliance with this clause is not currently required. However, should the federal injunction be lifted in the future, this clause will be applicable and enforceable, and prompt compliance will be required.

When performing onsite work, vendors and subcontractors are required to comply with the Cal/OSHA COVID-19 Prevention Non-Emergency Regulations, at a minimum. In addition, the "COVID-19 Safety Protocols for Subcontractors and Vendors" outline the most current onsite requirements at LBNL. These protocols are found on the LBNL COVID-19 website. With these requirements in mind, combined with the COVID-19 policies being implemented in various locations globally, please provide in your response to this solicitation any information regarding potential delays or challenges the offeror may foresee in the performance of the work pursuant to this solicitation. This includes information regarding delays or interruptions in supply chain pipelines that could affect the proposed delivery date(s) for shipments to LBNL. Provide a committed delivery date and include any issues, concerns, or Subcontractor dependencies that could create an impact on meeting that date.

3.11 Notice of Sherman Antitrust Act – Federal Antitrust Enforcement This solicitation is subject to the Sherman Antitrust Act which prohibits agreements among competitors to fix prices, rig bids, or engage in other anticompetitive activity. Criminal prosecution of Sherman Act violations is the responsibility of the Antitrust Division of the United States Department of Justice.

Violation of the Sherman Act is a felony punishable by up to 10 years imprisonment and a $1 million fine for individuals and a fine of up to $100 million for corporations. In addition, collusion among competitors may also involve violations of the mail or wire fraud statute, the false statements statute, or other federal felony statutes, all of which the Antitrust Division prosecutes.

In addition to receiving a criminal sentence, a corporation or individual convicted of a Sherman Act violation may be ordered to make restitution to the victims for all overcharges. Victims of bid-rigging and price-fixing conspiracies also may seek civil recovery of up to three times the amount of damages suffered.

(END OF RFP DOCUMENT)

https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ https://drive.google.com/file/d/11STNGyRi1fzHSs-c5yvBCmw2Gggez9P5/view https://drive.google.com/file/d/11STNGyRi1fzHSs-c5yvBCmw2Gggez9P5/view http://covid.lbl.gov/