RFP ISD 357024.pdf

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Fermilab-Backflow Preventers
Solicitation number
ISD-357024-DG3
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This document is a Request for Proposals (RFP) for a construction subcontract to provide backflow preventer maintenance services for the Fermi National Accelerator Laboratory, managed by the Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science.

The subcontractor shall furnish all required personnel, supplies, tools, materials, and equipment to test approximately 121 backflow devices and complete any necessary repairs within 90 calendar days. The RFP is a Lowest Price Technically Acceptable (LPTA) procurement, with award to be made to the responsible offeror with a technically acceptable proposal and the lowest evaluated price. Proposals are due by 3:00 PM Central Time on August 29, 2024. The subcontract will be for a 2-year base period with up to 3 one-year option periods. Prevailing Davis-Bacon wages apply, and the NAICS code is 238220 (Plumber) with a $19M small business size standard.

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1 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov

REQUEST FOR PROPOSALS

FERMI RESEARCH ALLIANCE, LLC CONSTRUCTION

SUBCONTRACT

REFERENCE

REQUEST FOR PROPOSAL NUMBER

ISD – 357024-DG

ISSUING OFFICE

Fermi Research Alliance, LLC

DATE ISSUED

August 16, 2024

P. O. Box 500 Batavia, Illinois 60510-0500 Procurement Department/Mail Station 210

CLOSING DATE:

August 29, 2024

3:00 p.m./Central Time Written Proposals for the work described herein will be received electronically until CLOSING DATE AND TIME STATED

ABOVE.

PROCUREMENT ADMINISTRATOR

Telephone No.: (630)840-2494 Email Address: dguthrie@fnal.gov

INFORMATION REGARDING REQUEST FOR PROPOSAL (RFP) ENCLOSURES:

REQUEST FOR PROPOSALS – FERMILAB CONSTRUCTION SUBCONTRACT (FL-13)

THE IMPORTANCE OF ENVIRONMENT, SAFETY AND HEALTH

EXHIBIT I REQUEST FOR PROPOSAL INSTRUCTIONS TO OFFERORS

EXHIBIT II REQUEST FOR PROPOSAL FORM and PRICING EVALUATION PAGE

• BID BOND (FL-41)

EXHIBIT II

• A SAMPLE SUBCONTRACT

• B – Insurance Requirements for Construction Subcontracts (06/2022)

• C – Section 010010 FRA General Requirements (03/2022)

• D – Section 013100 FRA ES&H Requirements (03/2022)

• E - Exhibit A for Supply and/or Services Subcontracts (12/2017)

• F - FL-42 Payment Bond, SF25A (4/13)

• G - FL-40 Performance Bond, SF25

• H - Fermilab Subcontractor Injury & Illness Data Questionnaire (7010-F1-1, Rev 07/2018)

• I - SF1413 Statement and Acknowledgement

• J - Proposal Certifications, Form PUR-466, Rev. 1 (10/14/2021).

• K- Subcontractor Annual Representations & Certifications (SARC), Form SARC (Rev.

3) (04/08/2022)

• L- DAVIS BACON WAGE RATES

• M – Fermi Research Alliance, LLC General Terms and Conditions for

Construction (03/2024)

• N- Backflow Preventer Inventory List

• O - Plumbing Equipment Standard Conventions

IF THE OFFEROR’S PRICE IS IN EXCESS OF $25,000.00:

(a) A BID GUARANTEE OF NOT LESS THAN 20 PERCENT (NOT TO EXCEED $3 MILLION) OF THE PROPOSAL

PRICE IN ACCORDANCE WITH PARAGRAPH 5 OF EXHIBIT I, INSTRUCTION TO OFFERS, MUST

ACCOMPANY OFFER.

(b) PAYMENT AND PERFORMANCE BONDS WILL BE REQUIRED FROM THE SUCCESSFUL OFFEROR IN

ACCORDANCE WITH EXHIBIT F, G AND INSTRUCTION TO OFFERORS.

DESCRIPTION OF WORK:

The Subcontractor shall furnish all management, supervision, personnel, materials, supplies, tools, transportation, and equipment with appropriate accessories and shall plan, schedule, coordinate and assure effective performance of all services described herein. The Subcontractor shall furnish all tools and equipment necessary to test approximately 121 backflow devices and complete repairing of damaged http://www.fnal.gov/ mailto:rkonan@fnal.gov

2 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov

INSTRUCTIONS TO OFFERORS

1. INVITATION TO SUBMIT PROPOSAL

Firms are invited to submit a proposal for the items specified in this Request for Proposal (RFP), by the provisions contained herein, and the terms and conditions of the proposed firm fixed price subcontract entered into as a result of this solicitation.

This RFP is issued under Prime Contract No. DE-AC02-07CH11359 between the United States Government (“Government”), represented by the Department of Energy (“DOE”), and FRA for the management and operation of the Fermi National Accelerator Laboratory (“FNAL” or “Fermilab”) and the performance of research and development work.

All questions concerning this RFP should be submitted in email form and directed to the Procurement Specialist listed below.

Procurement Specialist: Dasia Guthrie Phone: (630) 840-2494 Email: Dguthrie@fnal.gov Address: Fermi Research Alliance, LLC

Procurement Department Kirk Road & Wilson Street Batavia, IL 60510-0500

2. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL

BUSINESS SUBCONTRACTING PLAN

This acquisition is unrestrictive and contains no set-aside provisions. The North American Industry Classification System (NAICS) code for this solicitation is 238220, Plumber. The small business size standard for this NAICS code is $19 Million.

A small business subcontracting plan will be required should the awardee not meet the definition of a small business as described in the paragraph above. The Subcontracting Plan shall follow the Federal Acquisition Clause, 52.219-9, Small Business Subcontracting Plan (See Exhibit D). This plan must be submitted by the successful offeror before the award of the subcontract.

3. CONTACT WITH FRA PERSONNEL/BLACKOUT PERIOD

All offerors are prohibited from making any contact (including sales calls) with officials or employees of FRA, (collectively “FRA personnel”) regarding the request for proposals, other than in the manner and to the persons designated herein until after an award has been made. The Chief Procurement Officer or her designee reserves the right to disqualify any offeror found to have contacted FRA personnel in any manner regarding the proposal request.

devices. Work will be covered by the Davis Bacon Act all in accordance with attached solicitation documents.

mailto:Dguthrie@fnal.gov

3 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov

4. AMENDMENT OF SOLICITATION

FRA may, by amendment, modify any provision or part of this RFP at any time before the award of any resultant subcontract. All terms and conditions that are not modified remain unchanged.

An Offeror shall acknowledge receipt of any amendments to this RFP. Failure to acknowledge may result in the disqualification of an Offeror’s proposal. The acknowledgment shall be provided in one of the following ways:

• Immediately upon receipt of the amendment via email to the FRA Procurement Specialist;

• Return of the Amendment with a signature on the acknowledgment signature line; or

• In the Offeror’s Proposal Letter that accompanies an Offeror’s proposal.

5. SPECIFICATION REQUIREMENTS, DELIVERABLES, TIMELINE

The Offeror shall provide all personnel, supplies, supervision, tools, materials, equipment, transportation and other items and non-personal services necessary to provide backflow preventer maintenance services in accordance with this Statement of Work (SOW) except as those items specified as government furnished property and services. The Offeror shall perform to the standards in the contract as well as all local, state and federal regulations. The Offeror shall be responsible for all damages to persons or property occurring because of the Offeror’s fault or negligence.

Offeror shall furnish all tools and equipment necessary to test approximately 121 backflow devices. Upon award, FRA will provide the selected Offeror with a list of devices to be tested. FRA reserves the right to add or remove devices from the subcontract.

The Offeror must be equipped with current calibrated testing gauge(s). Proper calibrations shall be done in accordance with the manufacturer, FRA, and state requirements. If necessary, FRA will ask for records of calibration of devices.

Offeror shall complete testing of all devices and providing test reports to the FRA within 90 calendar days counting from the date of issuance of the purchase order.

Test Reports: FRA will provide Offeror with pre-printed test report form with specific information on each device. The Offeror, upon completion of testing of the device, shall complete, sign and submit to the FRA within five (5) days of the date of the test.

Offeror is responsible for all safety measures. Most of the Laboratory backflow preventers are located inside our buildings and proper precautions must be taken when working on them. Offeror must be familiar with and practice all State and Federal OSHA codes and requirements.

4 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov

Existing improvements, such as, sidewalk, walls, soft and hardscape, etc. are to be protected in place. Any damage to existing improvements shall be immediately reported to the FRA and repaired or replaced at the Offeror’s expense in a timely manner and to the satisfaction of the FRA.

No new access points will be allowed within the boundaries/scope of this project. Offeror is to prepare estimates for work based upon the existing ingress/egress to the device locations.

Offeror shall complete repairing of damaged devices within 90 calendar days counting from the day of issuance of Repair Authorization.

Failed Assembly: If an assembly fails the initial test, the subcontractor must determine if it is a minor repair, or a major repair is needed.

Minor Repairs: For minor repairs, such as, simple cleaning or installation of a rubber repair kit, repairing cracked assembly, replacing check valve and/or relief valve, Offeror shall notify FRA and obtain authorization prior to the repairs. Minor repairs are expected to be done at the time of the initial test. Cost for re-test shall be included based on the agreed bid price per device.

Major Repairs: Offeror shall provide written proposal for all major repairs such as cracked assemblies or replacement of check valves or assemblies. Proposals shall include all labor based on agreed bid hourly rate and materials necessary to complete the repair or replacement as well as the re-test once the repair or replacement is complete.

This Offeror shall be awarded for (2) two-year base, with (3) three one-year option periods. The length of the subcontract shall be determined based on the Offeror’s performance and funding availability.

Offeror shall, adhere to Insurance Requirements for Professional Services dated 6.2022.

Offeror shall pay prevailing wages in accordance with wage determination number 2015-5741 Rev 21 Dated 12/26/2023, 2015-5017 Rev 25 Dated 12/26/2023, and IL20240008 Modification 02/23/2024 (see attached) the attached wage determinations per the current Department of Labor wage rate, including all scheduled increases.

Normal working hours are from 7:00 am to 3:00 pm. Working days shall be limited to Monday through Friday, excluding all FRA observed holidays, and no work will be permitted outside normal working hours except under extraordinary circumstances and with prior approval of the point of contract or service coordinator.

6. PREPARATION, SUBMISSION, AND EVALUATION OF PROPOSALS

This solicitation is a competitive Lowest Price Technically Acceptable (LPTA) procurement, which involves the selection of the offeror having a technically acceptable proposal combined with evaluated price that is the best value to FRA.

Under no circumstances shall FRA be responsible for any proposal preparation expenses, submission costs, or any other expenses, costs or damages, of whatever nature incurred as a result of Offeror’s participation in

5 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov this RFP process. Offeror understands and agrees that it submits its proposal at its own risk and expense and releases FRA from any claim for damages or other liability arising out of the RFP and award process.

FRA shall not be liable for any errors in the Offeror’s proposal. Except during negotiations initiated by FRA, no modifications to the proposal shall be accepted from the Offeror after the Submittal Date. The offeror is responsible for a careful review of their entire proposal to ensure that all information, including pricing, is correct and complete. Offerors are liable for all errors or omissions contained in their proposals.

FRA reserves the right to award subcontracts only to responsible proposers. Responsible proposers are defined as companies that demonstrate the financial ability, resources, skills, capability, willingness, and business integrity necessary to perform on the subcontract. FRA's determination of whether an offeror is a responsible proposer is at FRA’s sole discretion.

Any information of a proprietary nature shall be identified in the offeror’s submission.

Offerors need to explain, provide support, and address each of the Evaluation Criteria below, which will assist FRA in the Source Selection process. All information should be provided in a clear and organized manner to allow for evaluation of the proposal. Additionally, Offerors should state any recommendations or areas of concern related to the requirements of the scope of work in their proposals.

The proposal shall be in two (2) parts: Part I - Technical Proposal and Part II – Cost/Price and Business/Management Proposal. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently of and concurrently with evaluation of the other.

In no instance shall Part I and Part II be bound together or presented in such manner as to make them not severable. The Technical Proposal shall not contain any reference to cost.

FRA will evaluate the cost proposals for award purposes by adding the Base and all Option prices.

Note that evaluation of the options does not obligate FRA to exercise any Option(s).

FRA may reject an offer as nonresponsive if the prices offered are materially unbalanced. An offer is materially unbalanced when it is based on prices significantly less than the cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the offer will result in the lowest overall cost to FRA even though it may be the low evaluated offer, or if it is so unbalanced as to be tantamount to allowing an advanced payment.

Part I - Technical Proposal/Evaluation Criteria Offerors shall respond to the following technical criteria:

1) Offeror shall provide information that clearly demonstrates how each requirement (sub-criterion below) will be met and/or has the following capabilities.

A) Having at least five (5) years of plumbing industry experience in the preventative maintenance and repair of backflow preventer equipment and associated controls.

B) Work at height work to be in accordance with OSHA.

2) Current/Past Experience

6 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov

Offeror shall provide information to facilitate FRA’s consideration of its corporate experience. FRA is most interested in examples of real work with actual results of the offeror in performing requirements similar to those of this solicitation in terms of size, scope, and complexity. Thus, offeror shall provide at least three (3) project experiences completed within the past five (5) years that are of similar type, size, scope, and complexity as described in the solicitation documents.

3) Personnel Experience

Key Personnel Experience will be evaluated to determine the degree of and relevance of experience the Key Personnel possess related to the subject requirements. Evaluation of experience will factor in the length and degree of experience in the relevant technical areas. Please note that, as a condition of contract award and performance, should the contractor wish to substitute proposed Key Personnel in their proposal (or during performance, if after award), the replacement staff must possess education and/or experience equivalent to or exceeding that of the individual(s) being replaced, subject to the approval of the FRA, prior to performance.

Key Personnel must have, as a minimum, the following experience:

A) Project Manager: Five (5) years of construction industry experience, completed three (3) projects of similar size/scope, and completed the 30-hour OSHA Training Course.

B) Safety Coordinator (or company safety officer): Five (5) years of industry experience, with five (5) projects that encompass a similar scope of preventive maintenance and repairs for backflow preventers equipment utilizing relevant company safety program(s).

C) Licensed Plumber: Five (5) years of industry experience. Include a resume for multiple individuals.

PART 2 – BUSINESS PROPOSAL

1) Price Proposal Form

The proposed pricing shall be a firm fixed price for the work. The Price Proposal Form is required to be completed and signed.

2) Bid Guarantee/Bond

The offeror shall provide a bid guarantee in the amount of not less than 20 percent (not to exceed $3 million) of the proposal price. Failure to furnish a bid guarantee in the proper form and amount, by the time set for the due date of the offers, may be cause for rejection of the offer. The bid guarantee shall be in the form of a firm commitment, such as a bond, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds, or notes of the United States.

3) Subcontractor Annual Representations & Certifications (SARC), Form SARC

The successful Offeror’s submittal of this completed form will be incorporated in the resultant subcontract. If an offering entity is a joint venture, association, consortia, or partnership, each member entity must submit an individual Representations and Certifications Form.

4) Proposal Certifications, Form PUR-466

7 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov

All appropriate sections are required to be completed and signed by a company official.

5) Other Documents

The following documents are required to be submitted with the proposal:

• Fermilab Subcontractor Injury & Illness Data Questionnaire (completed and signed).

• Construction Environmental, Safety & Health Certification (CESHC) (completed and signed).

• The National Council on Compensation Insurance (NCCI) Workers Compensation Experience Rating form for the past three years.

• Occupational and Safety Health Administration (OSHA) 300 A Form logs for the past three years.

• Corporate Safety and Health Plan (if your company’s plan has not already been accepted by FRA).

• Sample Certificate of Insurance.

7. QUESTION DUE DATE

The offeror’s questions and/or comments are to be emailed to the Procurement Specialist no later than 4:00 PM Central Standard Time (CST) on 22 August 2024.

8. PROPOSAL DUE DATE

The offeror’s proposal is to be emailed to the Procurement Specialist no later than 3:00 PM Central Standard Time (CST) on 29 August 2024. Partial or incomplete proposals will not be considered.

FRA requires a minimum acceptance of o ninety (90) calendar days for acceptance of proposals. An offeror allowing less than Fermilab’s minimum acceptance period may be rejected.

FRA reserves the right to cancel this Solicitation at any time without incurring any liability or damages associated with such cancellation.

Proposals received by FRA after the Submittal Date and Time indicated may not be considered. The Respondent assumes the risk of the method of dispatch chosen.

9. EXCEPTIONS AND DEVIATIONS

Offerors taking exceptions, deviations, or conditional assumptions must identify and explain each exception/deviation, or conditional assumption taken with sufficient amplification and justification to permit evaluations. Such exceptions, deviations, or conditional assumptions will not themselves automatically cause a proposal to be deemed unacceptable to FRA. However, a large number of exceptions or one or more significant exceptions not providing benefit to FRA may result in the rejection of the offeror’s proposal as unacceptable.

The offeror may submit modifications to its proposal at any time before the solicitation closing date and time and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

8 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov

Proposals may be withdrawn at any time before the submission deadline. Withdrawals are effective upon receipt of notice by the Procurement Specialist.

10. LATE SUBMISSION

Proposals received by FRA after the Submittal Date and Time indicated WILL NOT be considered.

The Respondent assumes the risk of the method of dispatch chosen.

11. ILLINOIS OCCUPATION AND USE TAXES

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

12. INSURANCE

Certificates of insurance of the types and in the amounts in accordance the Clause 15 in FRA General Terms and Conditions and Insurance Requirements for Construction Subcontracts will be required of the successful offeror before physical work at the site commences. All policies, except for Worker’s Compensation and Professional Liability, shall provide by appropriate language that Fermi Research Alliance, LLC, the University of Chicago, Universities Research Association, Inc., and the United States Government are additional insureds. The certificates shall state that waiver of subrogation is granted in favor of the Certificate Holder as required by written contract, that the insurance afforded by such policies is primary insurance, and that all rights of the insurer for contribution from other insurers of Fermi Research Alliance, LLC, University of Chicago, Universities Research Association, and the United States Government are waived.

13. SUBCONTRACT AWARD

Issuance of the RFP does not compel FRA to make an award. Award will be Time and Material (T &M).

FRA reserves the right to accept or reject all proposals if that is determined to be in its best interest. In order to provide FRA with the greatest degree of flexibility to match the available funding levels with the received offerings and to expedite the process, Decisions may be made without discussion; hence, an offeror’s proposal should be submitted initially on the most favorable terms. The proposed award is based on a continuing program requirement and the issuance of obligation authority from FRA’s Procurement Department.

No other representatives of FRA are authorized to issue contracts or agreements or bind FRA to any form of agreement or understanding. The authorized Procurement Department official is the only individual who can legally commit FRA to the expenditure of funds in connection with this proposed procurement.

14. RESTRICTION ON DISCLOSURE AND USE OF DATA

Offerors who include in their proposals data that is deemed to be confidential or proprietary in nature.

A. Mark the title page with the following legend:

“This proposal or quotation includes data that shall not be disclosed outside FRA and shall not be duplicated, used, or disclosed – in whole or in part – for any purpose other than to evaluate this proposal or quotation. If, however, a subcontract is awarded to this Offeror or quoter as a result of – or in

9 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov connection with – the submission of this data, FRA shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting subcontract. This restriction does not limit FRA’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets (insert numbers or other identification of sheets)”, and

B. Mark each sheet of data it wishes to restrict with the following legend “Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.”

ATTACHMENTS

Attachment Description/Title Revision or Date Exhibit III A

Sample Subcontract

Exhibit III B

Insurance Requirements for Construction Subcontracts

06/2022

Exhibit III C

Section 010010 FRA General Requirements 03/2022

Exhibit III D

Section 013100 FRA ES&H Requirements 03/2022

Exhibit III E

Exhibit A for Supply and/or Services Subcontracts 12/2017

Exhibit III F

FL-42 Payment Bond, SF25A

Exhibit III G

FL-40 Performance Bond, SF25

Exhibit III H

Fermilab Subcontractor Injury & Illness Data Questionnaire

(7010-F1-1, Rev 07/2018)

Exhibit III I

SF1413 Statement and Acknowledgement

Exhibit III J

Proposal Certifications, Form PUR-466 Rev 1, 10/14/2021

Exhibit III K

Subcontractor Annual Representations & Certifications (SARC), Form SARC

Rev 3, 04/08/2022

Exhibit III L

Davis Bacon Wage Rates Mod 2, 02/23/20324

Exhibit III M

Fermi Research Alliance, LLC General Terms and Conditions for Construction

03/2024

Exhibit III N

Backflow Preventer Inventory List

Exhibit III O

Plumbing Equipment Standard Conventions

10 Managed by Fermi Research Alliance, LLC for the U.S. Department of Energy Office of Science| www.fnal.gov

INSTRUCTIONS TO OFFERORS
2. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SUBCONTRACTING PLAN
3. CONTACT WITH FRA PERSONNEL/BLACKOUT PERIOD
4. AMENDMENT OF SOLICITATION
5. SPECIFICATION REQUIREMENTS, DELIVERABLES, TIMELINE
6. PREPARATION, SUBMISSION, AND EVALUATION OF PROPOSALS
7. QUESTION DUE DATE
8. PROPOSAL DUE DATE
9. EXCEPTIONS AND DEVIATIONS
10. LATE SUBMISSION
11. ILLINOIS OCCUPATION AND USE TAXES
12. INSURANCE
13. SUBCONTRACT AWARD
14. RESTRICTION ON DISCLOSURE AND USE OF DATA

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