RFP GK021120 CM-GC-SSM.pdf

(6/18/2020)

REQUEST FOR PROPOSAL (RFP) No. GK021120

PROPOSAL DUE DATE: 09/14/2020

12:00 PM

Construction Manager – (Optional) General Contractor

(CM-GC) Services for the

Seismic Safety and Modernization

(“SSM”)

New Building and Upgrades Project

Classification Code: North American Industry Classification System (NAICS) Code: 236220

- Commercial and Institutional Building Construction

PROCUREMENT POINT OF CONTACT: Glenn E. Kerin, University Procurement Representative

TELEPHONE NO: (510) 486-7529

EMAIL: gekerin@lbl.gov

Request for Proposal No. GK021120 rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 1 of 23

CM-GC Services

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory (“The University” or “LBNL” or “Berkeley Lab”) requests a proposal for Construction Manager and optional General Contractor (CM-GC) Services for the construction of the new Seismic Safety and Modernization building construction project, in accordance with this RFP, sample subcontract, and other attachments listed in Section 2.3.2.1.

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.

Except as otherwise noted herein, all correspondence regarding this solicitation shall be directed exclusively through the University Procurement Representative designated herein.

The anticipated Approximate Milestones for the acquisition, subject to change, are:

Timeline of Events Schedule

Conduct Pre-Proposal Conference and Site Inspection August 2020

Questions from potential Offerors due August/Sept

Responses to Questions issued August/Sept

Proposals due September 2020

Notice To Proceed – Phase 1 CM Services December 2020- January 2021

Completion of Phase 1 CM Services September 2021

1.1 Estimated Term, Value, and Funding

It is expected that the subcontract will be performed over a period of three (3) years. The estimated price range for the subcontract (including the Phase 2 Options) is from $61 million to $68 million. At the University’s sole discretion a potential Schedule Incentive and Safety Program Allowance may be issued after the completion of Phase 1 and added to the subcontract if the University exercises the Phase 2 Options.

There could be a disruption in funding due to the nature of Federal appropriated dollars and this disruption could occur in either Phase 1 or Phase 2. The University anticipates, but does not guarantee that additional funding will become available to allow the selected Offeror to perform continuously until completion.

rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 2 of 23

1.2 Summary of Subcontract Work and Project Goals

The University seeks to demolish the existing Building 54 (B54) Cafeteria and replace the building with a new facility of approximately 46,000 gross square feet (GSF). The project will include a newly constructed building containing a cafeteria with adjoining space for health services, human resources, and conference rooms. The Project also includes seismic upgrades to the second floor of Building 48 (B48) Firehouse to meet Risk Category IV of the California Building Code (CBC). In addition, the project scope includes site utility improvements, site grading, exterior walkways and planters, landscaping, paving, striping, signage, and a new shuttle bus transit hub for LBNL.

SSM Construction Projects consists of three sub-projects, generally described as follows and more specifically described in the Incorporated Documents:

a. Demolition Package (Option), generally described as follows to include:

o Demolition o Earthwork o New Retaining Walls o Utilities relocation as required o All associated General Requirements

b. Seismic Safety Modernization (SSM), generally described as follows to include:

o Main Building o Utilities within 5 feet of building footprint o Site grading and Paving

c. Traffic Hub and Utilities Project (THUP), generally described as follows to include:

o Bus stop o Utilities beyond 5 feet of the building foorprint o Landscaping

SSM Project Goals include:

• Facilitate timely and effective team engagement, communication, collaboration, partnership, transparency, and planning to anticipate potential problems and proactively solve them, reduce or eliminate risk, and streamline workflow

• Utilize innovation to optimize design, maximize scope, accelerate the construction schedule, and provide the best value within the estimated price range

• Complete the project safely, within or below the estimated subcontract price range, and ahead of schedule rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 3 of 23

The sub-projects, CM-GC phases, and base / options scopes are designated as follows:

Sub-projects Phase 1 CM Phase 2 GC

SSM 1.a 2.a

THUP 1.b 2.b

Demolition 1.c 2.c base options

The successful Offeror (also designated as “Construction Manager – General Contractor” or “CM-GC”) will initially perform Phase 1 Construction Manager Services (Phase 1 CM Services) concurrently with the design phase services, in cooperation and collaboration with the LBNL project team and HDR Architecture, the Architect-Engineer (A-E) which is providing SSM design and construction administration services under a separate A-E subcontract between the University and the A-E.

During the Phase 1 CM Services, the CM-GC will provide professional subject matter expertise on safety, schedule, cost, constructability, value, risk management, and other administration and execution requirements. The Phase 1 CM Services are more fully described in the incorporated Scope of Work included in Article 23 – Incorporated Documents of the sample subcontract.

The Phase 1 CM Services are performed for:

1.a - Seismic Safety Modernization

1.b – Traffic Hub and Utilities Project

The University reserves the right to exercise the Phase 1 CM Services Option for:

1.c – Demolition Package (Option)

The University reserves the right to exercise the Phase 2 General Contractor Services (Phase 2 GC Services) Options, and award the Phase 2 General Requirements and Bid Packages that were certified by the University during Phase 1. The Phase 2 GC Services Options are described in the incorporated Scope of Work included in Article 23 – Incorporated Documents of the sample subcontract.

The Phase 2 GC Services Options are performed for:

2.a - Seismic Safety Modernization

2.b – Traffic Hub and Utilities Project

2.c – Demolition Package rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 4 of 23

1.3 NAICS Code and Small Business Size Standard

The North American Industry Classification System (NAICS) Code for this acquisition is 236220 - Commercial and Institutional Building Construction. The corresponding small business size standard for this acquisition is annual receipts of $39.5 million. Annual receipts are to be based on the average annual gross revenue for the past three fiscal years.

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 FAR Subpart 19.1 - Size Standards for information on calculating the annual average gross revenue.

1.4 Offerors’ Questions

The University will respond to questions submitted by Offerors via email to the University Procurement Representative on or before 10:00 AM Pacific Time on Wednesday, 02 September 2020. 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 and be made available to all Offerors electronically, ensuring that the identity of all Offerors will remain anonymous.

1.5 Pre-Proposal Conference and On-Site Inspection

The University intends to conduct a mandatory Pre-Proposal Conference followed by an On- Site Inspection for potential Offerors, including at the potential Offerors’ option, any potential lower-tier subcontractors. A proposal will not be accepted from a potential Offeror that did not attend a Pre-Proposal Conference and On-Site Inspection, and sign an LBNL attendance sheet at the commencement of the Pre-Proposal Conference and conclusion of the On-Site Inspection. The University will present additional information about the project intended to be of interest to all potential Offerors. The purpose of the Pre-Proposal Conference is to ensure that potential Offerors gain the best possible understanding of the solicitation requirements and the subcontract requirements.

Potential Offerors are required to inspect the work site immediately following the Pre- Proposal Conference. The purpose of the On-Site Inspection is to ensure that potential Offerors gain the best possible understanding of the work conditions and requirements.

Potential Offerors and lower-tier subcontractors will be given an opportunity to ask questions about the work, and physically observe the existing conditions, identify obstacles, or do whatever else is necessary or practical to become thoroughly acquainted with the requirements of the work. However, potential Offerors and lower-tier subcontractors are to rely exclusively on their site inspection observations and on the written information and content contained in the RFP documents issued by the University Procurement Representative. Verbal representations, assertions, clarifications, or other information shall not be considered unless contained in the RFP documents issued by the University Procurement Representative, including RFP addenda and answers issued by the University Procurement Representative in writing to questions submitted by potential Offerors in accordance with paragraph 1.4 above.

https://www.acquisition.gov/content/subpart-191-size-standards rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 5 of 23

A Pre-Proposal Conference is scheduled via a Zoom meeting the week of 17 August 2020.

Details are outlined below.

Note that the University will provide information on any alternate plans to Offeror for the pre-proposal conference and site inspection in light of restrictions due to the pandemic and

COVID 19.

Potential Offerors shall inform Valerie Applebaum (e-mail: vrapplebaum@lbl.gov / phone:

(510) 486 - 4214), by 16 August 2020, of the number of persons it will have attend the Pre-Proposal Conference, including, at the potential Offeror’s option, any lower-tier subcontractors and the company they will be representing. In order to received notification and authorization for the Pre-Propasal Conference, Ms. Applebaum will require:

1) Attendee’s name

2) Company/firm the attendee is representing

3) Attendee’s phone number

4) Attendee’s e-mail address

Potential attendees that do not furnish the information above will not receive an invitation to the Zoom meeting.

An additional Pre-Proposal Conference and On-Site Inspection may be scheduled by the University if the University determines it is warranted. Potential Offerors must attend one Pre-Proposal Conference and On-Site Inspection, but may attend more than one if another is added.

1.6 Oral Presentations

Following review of proposals received from responsive and responsible Offerors, those that the University considers may have a reasonable chance of being selected for an award according to the minimum requirements in the table starting on page 8 of 23 (Finalists) may be given the opportunity to make an onsite oral presentation to the University to enable the University to more adequately and effectively evaluate and compare each Finalist’s strengths and weaknesses.

Such oral presentation will be given by the proposed Key Personnel on the Finalist’s team.

Immediately following the presentation, the University may wish to discuss some specific elements of the proposal, and interview the Finalist’s presenters regarding their experience and the depth of their understanding of the University’s requirements and expectations.

The University plans to allocate approximately 90 minutes for each such onsite oral presentation, including set-up, introductions, presentations, and a questions and answers period. The University plans to make audio-video connections and equipment available to the Finalist to make a presentation.

Finalists given the opportunity to make an onsite oral presentation may present to the University information that:

• Clarifies or elaborates on aspects of the proposal mailto:vrapplebaum@lbl.gov rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 6 of 23

• Supports meaningful comparison and discrimination between and among the competing proposals with respect to the desirable attributes identified in this Request For Proposal

• Maximizes the ability of the University to obtain the best value based on the requirements and the evaluation factors

• Responds to comments about deficiencies or significant weaknesses in the proposal

• Allows discussion of value added due to lessons learned from past performance

1.7 Schedule Incentive and Safety Program

The University may at its sole discretion incorporate a Schedule Incentive and Safety Program in the Subcontract. The Schedule Incentive will be based on the Milestone dates proposed by the CM-GC and approved by the University during the Phase 1 CM Services.

The total earnable amount of the incentive reward pool, if any, will be determined by the University after completion of the Phase 1 CM Bid Package Services, based on the total Fixed Price of the Subcontract upon exercise of the Phase 2 GC Services Option. A lower total Fixed Price may increase the earnable amount of the incentive reward pool; a higher total Fixed Price may decrease the earnable amount. Details of the program will be subject to discussion with the successful Offeror. In general, the program may involve the University’s assessment of the following aspects of the CM-GC’s performance:

• Schedule (earned if the University determines progress and completion Milestones specified in the Subcontract have been achieved earlier than as specified)

• Safety Allowance (based on a Safety Program to be proposed by the Subcontractor and approved by the University during Phase 1 CM Services)

The amount of incentive award earned will be at the sole discretion of the University and will not be subject to the Disputes Clause in the incorporated General Provisions.

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. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation against the evaluation factors. In its evaluation, the University will consider the degree of substantiation of the proposed approaches in the proposal and in response to any discussions, if held.

The University Procurement Representative is:

Name: Glenn Kerin Title: Principal Subcontracts Administrator Phone Number: 510-486-7529 E-mail address: gekerin@lbl.gov

Proposals must be submitted by email to the University Procurement Representative at the e-mail address above no later than 10:00 am Pacific Time on day, Month dd, 2020.

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Except for site access arrangements, all correspondence in conjunction with this solicitation must be directed exclusively to the University Procurement Representative.

The proposals must be valid for a period of 200 calendar 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 determine and 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 Evaluation and Selection

The University intends to select for award the responsive and responsible Offeror whose proposal contains the combination of price and performance features and supplier attributes (described later in this RFP) offering the best overall value to the University. The University will determine the best overall value by evaluating the performance features and supplier attributes offered with differences in price, striking the most advantageous balance between expected performance and the overall price to the University. Offerors should therefore strive to be persuasive in describing the value of their proposed performance features and supplier attributes, and other factors, including how the Offeror’s performance features and supplier attributes would enhance the likelihood of successful performance of the subcontract and achievement of the University’s objectives. The University intends to select the Offeror whose proposal is considered to offer the best overall value compared to proposals with either a higher or lower price.

A responsive Offeror is one whose proposal satisfies the minimum requirements of this RFP.

A responsible Offeror is one that is considered capable of performing and is otherwise eligible and qualified to perform the proposed subcontract. An Offeror cannot be determined as “responsible” if it is currently ineligible for receiving new federal government prime contracts or subcontracts.

The University’s evaluation will be based on the information provided by the Offeror, the University’s own experience with the Offeror, and/or information from the Offeror’s customers and other sources. Offerors are advised that, although negotiations may follow receipt of proposals, award may be made without discussions on proposals received. Thus, proposals should be submitted initially on the most favorable terms of price, technical compliance and advantages, and completeness.

If the University determines that revised proposals are necessary, the University may solicit them from only the Finalists. 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.

2.3 Proposal Submittal Requirements

Proposals should consist of a cover letter, technical volume, and a business management volume. The cover letter must identify the Offeror’s name and address, solicitation number and title, the name(s), title(s), e-mail address(es), and telephone number(s) of the individuals in Offeror’s organization who have commitment authority on behalf of the Offeror rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 8 of 23 and will be responsible for contractual negotiations and administration of any resultant subcontract.

Proposals are to include information on the following evaluation factors listed below and further described below:

No. EVALUATION FACTORS

Minimum Requirements

1 Offeror’s active California Contractors State License Board (CSLB) Class B contractor’s license

2 Offeror’s Payment and Performance Bonding capacity

3 Offeror’s Compliant Injury and Illness Prevention Program (IIPP)

Desired Performance Features and Supplier Attributes

4 Offeror’s Past Performance

4.a Relevant Projects

4.b Current Similar Project

5 Offeror’s Proposed Key Personnel

5.a Project Executive

5.b Project Manager

5.c Construction Superintendent

5.d Offeror’s Safety Professional

5.e Offeror’s Quality Assurance Professional

5.f Offeror’s Scheduling Professional

5.g Offeror’s Mechanical/Electrical/Plumbing (MEP) Commissioning Coordinator

5.h Offeror’s Energization Commissioning Coordinator rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 9 of 23

6 Offeror’s Workers Compensation Experience Modification Rate (“EMR”) and Cal-OSHA information; Offeror’s compliant IIPP

7 Offeror’s Quality Management System (QMS) or Quality Assurance (QA) / Quality Control (QC) Program

8 Offeror’s Work completed by a surety; Termination for default;

Contract/Subcontract performance litigation

9 Offeror’s Acceptance of the terms, conditions, general provisions, and other incorporated documents of the sample subcontract

10 Offeror’s Financial Resources

2.3.1 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 demonstration that all minimum requirements can be met, and a discussion of the performance features and supplier attributes described below, highlighting any aspects which an Offeror believes separate it from its competitors. The technical volume should include a comprehensive discussion of how the Offeror proposes to achieve the SSM Project Goals stated in Section 1.2, and to minimize risk and maximize value to the University.

Should the University exercise the Phase 2 GC Services Options, the University requires Substantial Completion within seven hundred ninety five (795) calendar days from the Commencement Date specified in a Notice To Proceed issued by the University for Phase 2 GC Services. The University requires Final Completion and Acceptance within eight hundred sixty (860) calendar days from the Commencement Date specified in a Notice To Proceed issued by the University for Phase 2 GC Services.

2.3.1.1 Minimum Requirements

The technical volume must demonstrate that the following minimum requirements are met or exceeded:

• Factor 1 - The Offeror must have an active California CSLB Class B contractor’s license.

The Offeror must include in its proposal a screenshot of its California CSLB license abstract evidencing an active Class B contractor’s license.

• Factor 2 – The Offeror must have the capacity to furnish payment and performance bonds in accordance with the sample subcontract.

The Offeror must include in its proposal evidence from Offeror’s surety of Offeror’s capacity to obtain payment and performance bonds in the amount of $68 million.

• Factor 3 - The Offeror must acknowledge that before a Notice To Proceed is issued by the University for work on site, a successful Offeror must submit for the University’s approval a site-specific Injury and Illness Prevention Program (IIPP) in compliance with the variance to the DOE Worker Safety and Health Program https://www.dir.ca.gov/dosh/etools/09-031/index.htm rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 10 of 23 regulation Title 10, Part 851 of the U.S. Code of Federal Regulations (10 CFR 851) approved by DOE August 2019, which allows the Subcontractor to follow applicable California Department of Labor Codes which includes Title 8 California Occupational Safety and Health Administration’s (Cal/OSHA) safety and health regulations including an IIPP in lieu of specified provisions in 10 CFR 851, Subparts B and C, and Appendix A; except however, the IIPP must also address the DOE requirements from 10 CFR 851 identified in LBNL IIPP+851. DOE retains enforcement authority per 10 CFR 851, Subpart A. All other Subparts and standards of 10 CFR 851 remain applicable.

The Offeror must include in its Proposal Submittal an electronic copy of its corporate IIPP, and must provide written acknowledgement from the Offeror’s Corporate Safety Officer that they have read and understand the DOE requirements from 10 CFR 851 identified in LBNL IIPP+851, and, if awarded a subcontract arising from this solicitation, the Subcontractor will submit for approval by the University during the Phase 1 CM Services a site-specific IIPP that incorporates all the requirements identified in LBNL IIPP+851 in compliance with the variance approved by DOE.

2.3.1.2 Desired Performance Features and Supplier Attributes

The technical volume should identify, describe, and discuss the following desired performance features and supplier attributes the University identified as important to the successful performance of the proposed subcontract (Evaluation Factors) which are described below. The University will use these Evaluation Factors for the subjective evaluation of proposals. The Evaluation Factors are not listed in any order of importance and no Evaluation Factor is more important than any other.

• Factor 4.a - The Offeror shall have successfully completed at least two new construction contracts (Relevant Projects) defined as:

o Completed within the last five years, and o Similar in type, scope, size, and complexity as the proposed subcontract, and o Achieved Leadership in Energy and Environmental Design (LEED) Gold

Certification, or higher

Similar in type, scope, size, and complexity shall mean a facility at least 40,000 GSF, including:

o Retaining walls and/or shoring, and o Cafeteria, kitchen, and dining area of at least 10,000 GSF

Successfully completed shall mean the Owner’s Representative of the Relevant Project would attest that the Offeror’s performance met or exceeded the Owner’s requirements and objectives with respect to:

o Schedule, o Safety, o Cost, https://ecfr.io/Title-10/cfr851_main https://www.dir.ca.gov/samples/search/query.htm https://www.dir.ca.gov/Title8/3203.html https://docs.google.com/document/d/1brGGf__X1WvA_Ttb5hdEn00dTrRHPy_kO3Yv2HgS5cE/edit?ts=5e277cca https://docs.google.com/document/d/1brGGf__X1WvA_Ttb5hdEn00dTrRHPy_kO3Yv2HgS5cE/edit?ts=5e277cca rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 11 of 23 o Quality, o Lower-tier subcontractor management, and o Small business subcontracting

The Offeror shall include on its Proposal Response, information and details of at least two Relevant Projects successfully completed by the Offeror within the last five years, and include current contact information for owner’s representative(s) knowledgeable of and authorized and willing to disclose and discuss details of the Relevant Projects, including achievement of schedule, safety, cost, quality, lower-tier subcontractor management, and small business subcontracting requirements and objectives, and the overall performance of the Offeror on that Relevant Project. The Offeror should also provide information on problems encountered on the identified contracts and the corrective action taken.

• Factor 4.b - The Offeror shall currently be successfully performing at least one new construction contract (Current Similar Project) defined as:

o Currently under construction, preferably between ~50% and ~80% complete, and o Within 75 miles radius of LBNL, and o Similar in type, scope, size, and complexity as the proposed subcontract, and o Seeking Leadership in Energy and Environmental Design (LEED) Gold

Certification, or higher

Similar in type, scope, size, and complexity shall mean a facility at least 25,000 GSF, including:

o Retaining walls and/or shoring, and o Cafeteria, kitchen, and dining area of at least 10,000 GSF

Successfully performing shall mean the Owner’s Representative of the Current Similar Project would attest that the Offeror’s performance is meeting or exceeding the Owner’s requirements and objectives with respect to:

o Schedule, o Safety, o Cost, o Quality, o Lower-tier subcontractor management, o Small business subcontracting

The Offeror shall also include on its Proposal Response details of a Current Similar Project, and include current contact information for owner’s representative(s) knowledgeable of and authorized and willing to discuss details of the Current Similar Project, including achievement of schedule, safety, cost, quality, lower-tier subcontractor management, and small business subcontracting requirements and rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 12 of 23 objectives, and the overall performance of the Offeror on that Current Similar Project.

The Offeror should also provide information on problems encountered on the Current Similar Project and the corrective action taken.

Following review of proposals, the Finalists shall arrange for the University’s Evaluation Team, comprised of up to ten persons, to visit the site of the Current Similar Project during typical working hours and conditions, for the purpose of the University observing firsthand how the Offeror staffs, equips, stages, and supports the management, administration, and execution of its projects in an actual field setting.

• Factor 5 – The Offeror shall propose Key Personnel for the roles identified in the sample subcontract with relevant experience performing the proposed role on at least two Relevant Projects, as defined under Factor 4. The Offeror should propose the same Key Personnel to manage the Phase 1 CM Services (Preconstruction Services Manager) and optional Phase 2 GC Services (Project Manager).

The Offeror shall include on its Proposal Response, the minimum percentage of each Key Personnel’s weekly time that they will be dedicated to the subcontract, and information and details of at least two Relevant Projects for which the following proposed Key Personnel performed that role. The Offeror should include current contact information for individuals knowledgeable of and authorized and willing to discuss details of the Relevant Projects and of the performance of the proposed Key Personnel performing that role on that Relevant Project:

Key Personnel

a. Project Executive

b. Project Manager

c. Construction Superintendent

d. Safety Professional

e. Quality Assurance Professional

f. Scheduling Professional

g. Mechanical/Electrical/Plumbing (MEP) Commissioning Coordinator

h. Energization Commissioning Coordinator

• Factor 5.a, 5.b, and 5.c – The Offeror shall propose separate Key Personnel for each of the following roles:

• Project Executive

• Project Manager

• Construction Superintendent rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 13 of 23

The Offeror shall include on its Proposal Response, information and details on each of the Key Personnel’s experience, education, and certifications; information on at least two successfully completed Relevant Projects, as defined under Factor 4 above;

and current contact information for Owner’s Representative knowledgeable of and authorized and willing to discuss details of the proposed Key Personnel performing that role on that Relevant Project.

• Factor 5.d - The Offeror shall propose a Key Person for the Safety Professional role that has (a) at least five years of construction health and safety experience, and (b) one of the following certifications: Certified Safety Professional (CSP) or Certified Industrial Hygienist® (CIH®).

The Offeror shall include on its Proposal Response, details of at least two Relevant Projects for which the proposed Safety Professional performed that role, and include current contact information for individuals knowledgeable of and authorized and willing to discuss details of the proposed Safety Professional performing that role on that Relevant Project. If applicable, the Offeror shall include with its proposal a certificate evidencing the desired certification of the proposed Safety Professional.

• Factor 5.e – The Offeror shall propose a Key Person for the Quality Assurance Professional role with (a) at least ten years of experience developing, implementing, and managing Quality Assurance (QA) and Quality Control (QC) programs and processes for construction projects, plus a Professional Quality Assurance certification (e.g., Certified Quality Auditor or Certified Six Sigma Black Belt), from the American Society of Quality (ASQ) or other nationally recognized Quality Assurance Organization, or (b) at least five years of experience developing, implementing, and managing Quality Assurance (QA) and Quality Control (QC) programs and processes for construction projects, plus a Bachelor’s degree in Engineering, Statistics, Compliance, Governance, Risk Management, or Construction Management, or other degree deemed relevant or equivalent by the University, plus a Professional Quality Assurance certification (e.g., Certified Quality Auditor or Certified Six Sigma Black Belt), from the American Society of Quality (ASQ) or other nationally recognized Quality Assurance Organization.

The Offeror shall include on its Proposal Response, information and details of at least two Relevant Projects for which the proposed Quality Assurance Professional performed that role, and include current contact information for individuals knowledgeable of and authorized and willing to discuss details of the proposed Quality Assurance Professional performing that role on that Relevant Project. If applicable, the Offeror should include on its Proposal Response information on the desired Bachelor’s degree and with its proposal a certificate evidencing the desired Professional Quality Assurance certification of the proposed Quality Assurance Professional.

The Offeror shall include a discussion of the Quality Assurance Professional’s authority over and independence from cost and schedule considerations and how the proper balance is struck to maximize benefit and minimize risk.

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The Offeror shall include a discussion of how the Quality Assurance Professional’s proposed work week time as being dedicated exclusively to this Project enables all the Quality Assurance requirements of the sample subcontract and its Incorporated Documents to be met or exceeded.

The Offeror shall include a discussion of its process for identifying foreign end products or foreign construction material and its process for administering the requirements of the Buy America Act (BAA).

The Offeror shall include the proposed Subcontractor Project Team organizational chart depicting the authority and accountability relationships between its Team members.

• Factor 5.f – The Offeror shall propose a Key Person for the Scheduling Professional with (a) at least five years of experience preparing and maintaining construction schedules in Primavera P6 for complex construction projects with American National Standards Institute (ANSI) 748 Earned Value Management System (EVMS) requirements.

The Offeror shall include on its Proposal Response, information and details of at least two Relevant Projects for which the proposed Scheduling Professional performed that role, and include current contact information for individuals knowledgeable of and authorized and willing to discuss details of the proposed Scheduling Professional performing that role on that Relevant Project.

The Offeror shall include a discussion of how the Scheduling Professional’s proposed work week time as being dedicated exclusively to this Project enables all the Scheduling requirements of the sample subcontract and its Incorporated Documents to be met or exceeded.

The Offeror shall submit with its proposal an electronic file of a sample project schedule produced in an Oracle-supported version of Primavera P6 or P6-compatible software for a Relevant Project.

• Factor 5.g – The Offeror shall propose a Key Person for the

Mechanical/Electrical/Plumbing (MEP) Commissioning Coordinator role with (a) at least ten years of experience commissioning complex building systems and building controls systems, or (b) at least five years of experience commissioning complex building systems and building controls systems plus a Bachelor’s degree in construction management, mechanical engineering, electrical engineering, or other discipline relevant to MEP Commissioning.

The Offeror shall include on its Proposal Response, information and details of at least two Relevant Projects for which the proposed MEP Commissioning Coordinator performed that role, or a role relevantly similar, and include current contact information for individuals knowledgeable of and authorized and willing to disclose and discuss details of the proposed MEP Commissioning Coordinator performing that role, or a role relevantly similar, on that Relevant Project. The Offeror should include on its Proposal Response information on the desired education and with its proposal rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 15 of 23 a certificate evidencing the desired certification of the proposed MEP Commissioning Coordinator.

The Offeror shall include a discussion of the Offeror’s approach to commissioning complex building systems, including coordinating the appropriate parties, scheduling tasks, communicating and resolving issues, and achieving progress milestones.

• Factor 5.h – The Offeror shall propose a Key Person for the Energization Commissioning Coordinator role with (a) at least ten years of experience energizing complex buildings and building control systems, including developing written procedures for and managing energization through formal “lock-out tag-out (LOTO) systems, applied knowledge in National Fire Protection Association (NFPA) 70E, and Certified Electrical Safety Compliance Professional (CESCP) certification, or (b) at least five years of experience energizing complex buildings and building control systems, including developing written procedures for and managing energization through formal “lock-out tag-out (LOTO) systems, applied knowledge in NFPA 70E, and CESCP certification, and a Bachelor’s degree in construction management or electrical engineering.

The Offeror shall include on its Proposal Response, information and details of at least two Relevant Projects for which the proposed Energization Commissioning Coordinator performed that or a similar role, and include current contact information for individuals knowledgeable of and authorized and willing to discuss details of the proposed Energization Commissioning Coordinator performing that or a similar role, on that Relevant Project. The Offeror should include on its Proposal Response information on the desired education and with its proposal a certificate evidencing the desired certification of the proposed Energization Commissioning Coordinator.

The Offeror shall include a discussion of the Offeror’s approach to energizing complex buildings and systems, including coordinating the appropriate parties, scheduling tasks, communicating and resolving issues, and achieving progress milestones. The Offeror should include a discussion of NFPA 70E. The Offeror should include a discussion of developing and managing energization through formal LOTO systems.

• Factor 6 - The Offeror shall have a satisfactory safety record and a successful safety program. The Offeror should have a Workers Compensation Experience Modification Rate (“EMR”) of 1.0 or less for each of the past three (3) years, and should have no Cal-OSHA violations over the past five years. In addition to the minimum requirement that the Offeror must have a corporate Injury and Illness Prevention Program (IIPP) in compliance with the variance to the DOE Worker Safety and Health Program regulation Title 10, Part 851 of the U.S. Code of Federal Regulations (10 CFR 851) approved by DOE August 2019, the Offeror's IIPP should incorporate principles of ANSI Z10 Occupational Health and Safety Management Systems, including stated IIPP objectives, recognized industry standards and references, defined authorities and responsibilities, required training, accurate record keeping, https://www.dir.ca.gov/dosh/etools/09-031/index.htm https://www.dir.ca.gov/dosh/etools/09-031/index.htm https://ecfr.io/Title-10/cfr851_main https://ecfr.io/Title-10/cfr851_main rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 16 of 23 measured results, incentives, and other elements that comprise a successful Safety Program.

The Offeror shall include on its Proposal Response their EMR for each of the past three (3) years, and include written substantiation of their EMRs from the Offeror’s Workers Compensation agent. The EMR information may be either state(s) or interstate information, but must be appropriate for the business unit(s) that will perform the work. The Offeror must provide a written explanation satisfactory to the University of the circumstances associated with any EMR greater than 1.0 during any of the past three (3) years.

The Offeror shall include in its proposal a list of all of the Offeror’s Cal-OSHA violations over the past five years, or a statement that the Offeror has had no Cal-OSHA violations over the past five years; and a list of all Serious, or Willful, or Repeated, or Failure to Abate violations of Part 1 of Division 5 of the California Labor Code (commencing with Section 6300) over the past 5 years, and a detailed description of the violation(s) and any corrective measures taken by the Offeror, or a statement that the Offeror has had no Serious, or Willful, or Repeated, or Failure to Abate violations of Part 1 of Division 5 of the California Labor Code (commencing with Section 6300) over the past five years.

• Factor 7 - The Offeror shall have a Quality Management System (QMS) or Quality

Assurance (QA) / Quality Control (QC) Program conforming to and meeting the basic tenants of the Quality Assurance Requirements in Article 5 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 their 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 describe how they 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 a specific project.

The Offeror shall 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 shall 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 rev. 06/18/20 Seismic Safety and Modernization (SSM) Page 17 of 23

Environmental Balancing Bureau (NEBB) Firm Accreditation, Testing, Adjusting and Balancing Bureau (TABB) Certified Commissioning Contractor (CCC)).

• Factor 8 - The Offeror shall not have had work completed by a surety on any contract in the last five (5) years, and the Offeror should not have received any termination for default notices over the past five (5) years either directly or as a partner, member of an LLC, joint venture, or other similar relationship, and the Offeror should have no contract/subcontract performance incidents where litigation is current.

The Offeror shall include in its proposal a list of all contracts that have had work completed by a surety over the past five years, or a statement that the Offeror has had no work completed by a surety over the past five years. The Offeror should include in its proposal a list of all termination for default notices received over the past five years, or a statement that the Offeror has had no termination for default notices over the past five years. The Offeror should include in its proposal a list of all contract/subcontract performance incidents where litigation is current (however, for such instances the Offeror will not be required to submit attorney-client privileged information or be required to disclose the details surrounding the incident), or a statement that the Offeror has no current litigation incidents arising from contract/subcontract performance.

• Factor 9 - 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. Exceptions to the terms and conditions of the sample subcontract will reflect unfavorably upon the Offeror’s proposal. Exceptions make it difficult to compare competing bids, 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.

• Factor 10 - The Offeror shall have adequate financial resources to perform the resulting subcontract, or the ability to obtain them.

The proposal shall describe the Offeror’s current financial condition and its financial ability to fully support performance of the proposed subcontract. The University reserves the right to request the Offeror’s financial statements or additional financial information regarding the Offeror’s financial resources. Information may include an independent Certified Public Accountant-audited or reviewed year-end financial statements for the last two fiscal years in the form of balance sheets, income statements, and statements of cash flow, and include information on any commitments or explicit arrangements that will be relied on to acquire the needed facilities, equipment, other resources, or personnel.

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2.3.2 Business Management Volume

2.3.2.1 Submittals and Attachments

The Offeror shall complete the following attachments and submit them with the business management volume:

• Offeror’s Representations & Certifications

• Offeror’s Cover Letter and Comprehensive Narrative

• Offeror’s Proposal Response, including required and desired submittal content

• Offeror’s Fixed Price and Fixed Rate Proposal Form

The Offeror is to provide all information requested and items described under Minimum Requirements and Desired Performance Features and Supplier Attributes.

The following attachments are provided for information only and do not need to be submitted with the proposal:

• Sample Subcontract and its Incorporated Documents

• LBNL General Requirements Sections

• Sample General Wage Determination of the U.S. Department of Labor (for reference only)

• Model Small Business Subcontracting Plan (SBSP) template

• Payment and Performance Bond samples

• Insurance Certificate Instructions

2.3.2.2 [NOT USED]

2.3.2.3 Price and Rates Proposal

Price and Rates, while being an important factor, are not in and of themselves the determining factor in the selection of the successful Offeror for award of the subcontract contemplated by this solicitation. Price and Rates are not weighted; rather, each Offeror’s price and rates will be evaluated for realism, reasonableness, and completeness for performance of the subcontract. The price and rate proposal should offer total firm fixed prices and fixed rates, and be submitted on the attached Fixed Price and Fixed Rate Proposal Form. The total lump sum fixed prices must include all applicable federal, state, and local taxes, duties and all other subcontractor obligations under the resulting subcontract, including all direct costs, indirect expenses and any fee or profit.

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Base Work A total lump sum firm fixed price should be submitted for the Phase 1 CM Services base work. The total lump sum fixed price shall be the sum of the fixed prices for the Phase 1 CM Services for 1.a SSM and for 1.b THUP.

Options The University reserves the right to exercise the Phase 1.c CM Services option for the Demolition Package.

The University reserves the right, to exercise any or all of the Phase 2 GC Services options for Demolition Package, for SSM, and for THUP, incorporating the General Requirements and Lower-tier subcontractors’ Bid Packages under the stated pricing, rates, terms, conditions, and other provisions of the Subcontract.

The exercise of any option shall be by a written unilateral Subcontract Modification issued by the University Procurement Representative, and may be exercised at any time after the commencement of the Phase 1 CM services and within 240 calendar days after award of the Phase 1 CM services.

A total lump sum firm fixed price should be submitted for the Phase 2 GC Services for Demolition Package including all associated General Requirements, for SSM including all associated General Requirements, and for THUP including all associated General Requirements.

Fixed mark-up rates should be submitted for the Phase 2 GC Services – Bid Packages and for Change Orders and Bonds, as indicated on the Fixed Price and Fixed Rate Proposal Form.

A fixed rate should be submitted for Suspension of Work, as indicated on the Fixed Price and Fixed Rate Proposal Form.

2.3.2.4 Performance and Payment Bonds

Performance and payment bonds are required for all phases. The successful Offeror shall furnish, after award of the resulting subcontract and after award of any Options, performance and payment bonds as specified in the General Provisions of the sample subcontract.

Base Work For Phases 1.a and 1.b CM Services the cost of the required bonds shall be included in the Fixed Price.

Options For Phase 1.c CM Services the cost of the required bonds shall be included in the Fixed Price.

For Phase 2 GC Services – General Requirements the cost of the required bonds shall be included in the fixed prices.

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For Phase 2 GC…