RFP BZ-2025-08.pdf

(Rev. 01/31/25)

Lawrence Berkeley National Laboratory Request for Proposal Number BZ-2025-08 ALS Beamline 12.3.1 SAXS Flight Tube

Proposal Due Date: April 15, 2025

North American Industry Classification System Code:

334516 Analytical Laboratory Instrument Manufacturing

Procurement Point of Contact: Brian Zatkow Email: bzatkow@lbl.gov

University of California, Managing and Operating Lawrence Berkeley National Laboratory Request for Proposal No. BZ-2025-08

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory requests a proposal for a Small Angle X-Ray Scattering Flight Tube, 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 will be a Subcontract under the University’s Prime Contract.

1.1 Summary of Scope

This solicitation is for design, manufacture, testing, and installation support of a new SAXS Flight Tube to be installed within the Advanced Light Source beamline 12.3.1 (“SIBYLS”) experimental hutch. It is intended to house a Dectris 6M vacuum compatible detector and to translate it along the X, Y and Z directions within vacuum. The detector is outside the scope of supply of this RFP. The Flight Tube will be approximately 4 meters in length and 1 meter in diameter, however the final dimensions shall be proposed by the successful offeror based on optimal use of the available space. It will be installed within an existing endstation hutch which cannot be disassembled or modified for access. Therefore, it is essential that all components are able to pass through the existing entryway.

1.2 Abbreviations and Acronyms

• 12.3.1 – Beamline 12.3.1 at the ALS

• ALS – Advanced Light Source

• DOE – US Department of Energy

• ESD – Engineering Specifications Document # AL-1803-2751

• FAT – Factory Acceptance Test

• FDR – Final Design Review

• FT – Flight Tube

• LBNL or University – Lawrence Berkeley National Laboratory

• NRTL – Nationally Recognized Testing Laboratory

• PDR – Preliminary Design Review

• RE – Responsible Engineer

• RFP or Solicitation – Request for Proposal

• S&A – Survey and Alignment

• SAXS – Small Angle X-Ray Scattering

• SFT – SAXS flight tube

• SOW – Statement of Work # AL-1803-2752

• V. – Version number

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 https://als.lbl.gov/beamlines/12-3-1/

- 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 at bzatkow@lbl.gov no later than 3:00pm Pacific Time on Tuesday, April 15, 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 Wednesday, April 9, 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.

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 offeror whose proposal contains the combination of price, performance features, and supplier attributes offering the best overall value to the University.

mailto:bzatkow@lbl.gov

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 to enable the University 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 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 desired 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 and in response to any discussions, if held. 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 strong 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. Proposals must include information on the following evaluation factors. A description of the information required of each factor is provided after the table. All documents should be written in English and use the International System of Units (SI).

Volume Factor

Cover Letter Per Section 2.4.1

Desired Features and Attributes

Factor 1 - Compliance with Technical Specification

• Spatial Constraints

• Alignment and Translation Specifications

• Mechanical, Vacuum, and Interface Requirements

Factor 2 - Engineering and Manufacturing Capability

Factor 3 - Lead Time/Delivery Date

Factor 4 - Past Performance

Factor 5 - Quality Assurance

Business Volume

Non-Technical Evaluation Factors

Acceptance of Terms and Conditions

Price Proposal

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 Desired 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 – Compliance with Technical Specification The offeror should propose a FT that will meet or exceed all of the features and attributes listed in the Engineering Specifications Document #AL-1803-2751: SAXS Flight Tube for 12.3.1 Endstation.

Specifically, the offeror should provide a detailed description and discussion, supported by existing documentation, of its ability to:

a) Accommodate the restrictions imposed by the spatial constraints of the job site including passage of components through the doorway, FT assembly and alignment, on-site site acceptance testing, detector installation, access for operation and maintenance.

b) Meet or exceed the required alignment and translation specifications.

c) Fulfill the mechanical, vacuum, and interface requirements.

Each of these three items will be rated separately.

The offeror must include in its proposal appropriate documentation demonstrating how the proposed FT will meet or exceed the requirements of the technical specification. The offeror should include in the proposal a statement that the offeror takes no exceptions to the technical specification. However, if necessary, the offeror may include in its proposal a request for consideration of exceptions to the technical specification, including a rationale for each exception and explanation of how the proposed FT will otherwise meet the requirement(s).

Factor 2 – Engineering and Manufacturing Capability The offeror must have appropriate Engineering and Manufacturing Capabilities to manufacture the Flight Tube.

The proposal should include a description of the organization’s engineering and project management experience, including résumés if appropriate.

The offeror should identify lower-tier subcontractor(s) who are expected to perform work or labor or render service at the worksite, or who will fabricate any component of the FT. The proposal should identify the portion of the work which will be done by each proposed lower‑tier subcontractor. Only one lower‑tier subcontractor may be listed for the same portion of the work. The offeror should only propose lower‑tier subcontractor(s) who are equipped, experienced, and licensed to do the work in the particular field for which they have been proposed.

Factor 3 – Lead Time/Delivery Date The offeror must propose an acceptable lead time for delivery of the FT after the Subcontract is awarded.

Delivery before September 30th, 2026 is highly desired.

The proposal should identify a proposed lead time for delivery of the FT, which may be subject to negotiation prior to award. The offeror may propose a delivery schedule that differs from that given in the SOW, which would be evaluated to determine if it would result in a better overall value to the University.

Acceptance of an alternate schedule will be at the sole discretion of the University. The proposal should include information supporting the offeror’s ability to meet the proposed delivery date including:

• A detailed delivery schedule

• Details of project management experience to support on-time deliveries

Factor 4 – Past Performance The offeror should have successfully performed within the last three years one or more contract(s) for production of SAXS flight tube(s) similar in type and complexity to that which is proposed.

The offeror should include in its proposal a written description of up to three successfully performed contracts within the last three years that demonstrates that the offeror has experience performing similar work in a quality manner (e.g., letters of reference, project documentation, etc.). Successful projects for the federal government, particularly the U.S. Department of Defense (DOD), Department of Energy (DOE), a National Laboratory such as LBNL, the State of California, or the University of California, is of particular interest for this work effort. 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). The offeror should also provide information on problems encountered on the identified contracts and any corrective action(s) taken.

Factor 5 – Quality Assurance The offeror should have a Quality Management System (QMS) or Quality Assurance (QA)/Quality Control (QC) Program conforming to and meeting the basic tenets of the Quality Assurance Requirements

Article of the Sample Subcontract and in the incorporated LBNL Quality Assurance Requirements for Capital Projects.

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 a sample of a project-level document that demonstrates how its QA/QC Program requirements were flowed down to lower tier subcontractors and suppliers on a relevant 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 & Certifications enclosure and submit it with the business volume. Failure to submit this document could result in a determination of non-responsiveness.

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

• Engineering Specification Document AL-1803-2751: SAXS Flight Tube for the 12.3.1 Endstation

• Statement of Work AL-1803-2752: SAXS Flight Tube for the 12.3.1 Endstation

• Sample Subcontract

• General Provisions for Commercial Supplies and Services dated 1/31/25

• General Provisions for Commercial Supplies and Services (Foreign) dated 1/31/25

• Insurance Certificate Instructions dated 5/28/21

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 Offeror’s Acceptance of Terms and Conditions

The offeror should accept the terms, conditions, general provisions, and other incorporated documents of the Sample Subcontract, including the requirement to include clauses in its lower-tier subcontracts at any tier, to the extent applicable. The terms and conditions of the Sample Subcontract have been approved by the DOE, and it is not the University’s intent to make material changes. While an offeror may identify exceptions to the Sample Subcontract, 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 the terms, conditions, general provisions, or the incorporated documents of the Sample Subcontract.

If the offeror does take exceptions, the offeror should include a redlined version of the Sample Subcontract and/or General Provisions with all proposed revisions indicated by tracked changes, or a separate sheet with all proposed revisions indicated by tracked changes, referencing the article or clause to which the proposed revision applies. The offeror must also include in its request for consideration of any exception a business case for that exception, providing a rationale and justification for the requested change.

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 and conditions, award will not be made to otherwise successful offerors.

2.4.3.2.2 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.

The offeror must propose a total fixed price in US dollars. Shipping charges should not be listed separately;

they should be included in the total fixed price, based on Incoterms 2020 DPU (Delivered at Place Unloaded) and the shipping requirements identified in the Sample Subcontract. If the shipment will pass through US customs, the Harmonized Tariff Schedule code must be included in the price proposal.

A milestone payment schedule may be proposed. 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.

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 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.

3.5 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)

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

https://ehs.lbl.gov/resource/documents/esh-manual-pub-3000/

3.6 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.

3.7 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.

3.8 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.

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/

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)