RFP LBNF-343096-JD_SDSS Services 07-10-2023.pdf

Request for Proposal Number LBNF-343096-JD for

Long Baseline Neutrino Facility

South Dakota Steel Storage Services

This Request for Proposal consists of a model subcontract in Sections A through J and Request for Proposal Sections K through M.

Subcontract Number ____________ for

Long Baseline Neutrino Facility

South Dakota Steel Storage Services (SDSSS)

Table of Contents

Subcontract Number ____________

A1. Identification of Parties A2. Subcontract Issued Under Prime Contract A3. Relationships A4. General Purpose of the Subcontract A5 Period of Performance A6. Order of Precedence

Section B - Supplies or Services and Prices B1.1 Prices

B1.2. OPTIONS

B2. Time and Materials (T&M)

Section C - Description of Work C1. 9

RESERVED

C2. Technical Reports C3. Conduct of Employees C4. Statement of Work

Section D - Packaging and Marking D1. Packaging and Marking

Section E - Inspection and Acceptance E1. Inspection and Acceptance

Section F - Deliveries or Periods of Performance F1. Deliveries or Periods of Performance

Section G - Subcontract Administration Data G1. Subcontract Administration G2. Notification of Potential Changes G3. Invoices G3.2 Special Invoice Requirements G4. Payment Schedule G5. Closeout

H - Special Subcontract Requirements H1 FRA Furnished U.S. Government Property H2. Disposition of U.S. Government Property H3. Insurance H4. Warranties H5. Supervision H6. Additional Requirements

Section I - Subcontract Clauses I1. General Clauses

Section J - List of Documents, Exhibits, and Other Attachments J1. Incorporated Documents

Section K – Representations and Certifications Section L—Instructions, Conditions, and Notices to Offerors

L1. PROPOSAL RESPONSE AND DUE DATE AND TIME

L2. INQUIRIES AND QUESTIONS

L3. EXPLANATION TO PROSPECTIVE OFFERORS

L.4 MINIMUM OFFER ACCEPTANCE PERIOD

L.5 EVALUATION OF PROPOSALS

L.6 SERVICE CONTRACT ACT WAGE DETERMINATION:

L.7 ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS

L.8 DESCRIPTION OF SUBCONTRACT

L.9 SUBCONTRACT TERM

L.10 SUBMISSION OF PROPOSALS

L.11 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS ..22

L.12 REQUIREMENTS FOR PROPOSAL

L.13 CERTIFIED COST OR PRICING DATA

L.14 EXCEPTIONS

L.15 RELEASE OF CLAIMS, LIABLITY AND PREPARATION EXPENSES

L.16 AWARD OF SUBCONTRACT

L.17 SUBCONTRACTING

L.18 SUMMARY

Section M—Evaluation Factors for Award

M1. TECHNICAL EVALUATION CRITERIA

M2. EVALUATION PROCESS

Subcontract Number TO BE DETERMINED (TBD) For LBNF South Dakota (SD) Steel Storage Services

Between FRA and Subcontractor

A1. Identification of Parties

This Subcontract is between Fermi Research Alliance, LLC (“FRA”) and the party identified below as the Subcontractor (“Subcontractor”).

A2. Subcontract Issued Under Prime Contract

This Subcontract 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.

A3. Relationships

Nothing in this Subcontract shall be deemed as creating any relationship between FRA and Subcontractor other than that of contractor and subcontractor or buyer and seller. Subcontractor shall not interpret any clause contained herein as being binding or purporting to bind the United States Government, its officers, or its agents.

A4. General Purpose of the Subcontract

The general purpose of this Subcontract, under the direction of FRA’s South Dakota Services Division Logistics Manager, is for the operation, coordination oversight and services of organizing, coordinating, and providing Steel Storage Services in support of the LBNF/DUNE detector installations. The purpose of this RFP is to obtain the services for the general logistics support of Steel storage, securement and tracking in accordance with the Statement of Work.

A5 Period of Performance

The Period of Performance of this Subcontract is effective on November 1, 2023, and shall continue through October 31, 2024, unless the Subcontract is extended by the exercise of Options by FRA in accordance with paragraph B1.2.

A6. Order of Precedence

Any inconsistency in this Subcontract shall be resolved by giving precedence in the following order: Section A, B, D, E, F, G, H, I, C, J.

A7. Agreement

The parties agree to perform their respective obligations in accordance with the sections, terms and conditions, the documents referenced or incorporated herein, which constitute the entire Subcontract and shall supersede all prior negotiations, representations, or agreements, whether verbal or written.

A8. Signature

The parties have caused this Subcontract to be executed by their duly authorized agents by their signatures below.

Subcontractor Fermi Research Alliance, LLC (FRA)

Signature: Signature:

Name: Name

Title: Title:

Date: Date:

Section B - Supplies or Services and Prices

B1.1 Prices

1. Base Year: 1 November 2023 – 31 October 2024 Ceiling Price: $___________

The Subcontractor shall provide all labor, materials, tools, equipment, supervision, insurance, and all necessary facilities for the listed services at the Fixed Unit Prices provided in attachment J-6 SDSSF_RFP_PRICING_SHEET. Attachment J-7 and J-8 may be referenced for a complete materials list and an estimated schedule.

B1.2. OPTIONS

1. Option Year 1: 1 November 2024 – 31 October 2025 Ceiling Price: $___________

The Subcontractor shall provide all labor, materials, tools, equipment, supervision, and all necessary appurtenances for the listed services at the Fixed Unit Prices provided in attachment J-6 SDSSF_RFP_PRICING_SHEET for Option Year 1. Attachment J-7 and J-8 may be referenced for a complete materials list and an estimated schedule.

i. FRA reserves the right to exercise the Option by issuing a unilateral Subcontract modification on or before 1 November 2024, or such later date as mutually agreed.

ii. If and when FRA exercises the option, the work shall be completed not later than 31 October 2025.

2. Option Year 2: 1 November 2025 – 31 October 2026 Ceiling Price: $___________

The Subcontractor shall provide all labor, materials, tools, equipment, supervision, and all necessary

SDSSF_RFP_PRICING_SHEET for Option Year 2. Attachment J-7 and J-8 may be referenced for a complete materials list and an estimated schedule.

i. FRA reserves the right to exercise the Option by issuing a unilateral Subcontract modification on or

ii. If and when FRA exercises the option, the work shall be completed not later than 31 October 2026.

3. Option Year 3: 1 November 2026 – 31 October 2027 Ceiling Price: $___________

The Subcontractor shall provide all labor, materials, tools, equipment, supervision, and all necessary

SDSSF_RFP_PRICING_SHEET for Option Year 3. Attachment J-7 and J-8 may be referenced for a complete materials list and an estimated schedule.

i. FRA reserves the right to exercise the Option by issuing a unilateral Subcontract modification on or

ii. If and when FRA exercises the option, the work shall be completed not later than 31 October 2027.

4. Option Year 4: 1 November 2027 – 31 October 2028 Ceiling Price: $___________

The Subcontractor shall provide all labor, materials, tools, equipment, supervision, and all necessary

SDSSF_RFP_PRICING_SHEET for Option Year 4. Attachment J-7 and J-8 may be referenced for a complete materials list and an estimated schedule.

i. FRA reserves the right to exercise the Option by issuing a unilateral contract modification on or before

1 November 2024, or such later date as mutually agreed.

ii. If and when FRA exercises the option, the work shall be completed not later than 31 October 2028.

B2. Time and Materials (T&M)

For Subcontract Line Item Numbers (SLINs)1-7, the Subcontractor shall provide supplies and services at the fixed Unit Prices shown in Section B.1. The fixed Unit Prices are all-inclusive (i.e., include costs for labor, supervision, material, equipment, overhead, profit, etc.). The Subcontractor shall not exceed the Ceiling Price for the base year or any option year shown in the clause B1 Prices.

Section C - Description of Work

C1. RESERVED

C2. Technical Reports

The Subcontractor shall prepare and submit to the Procurement Specialist and/or distribute, as directed by the Procurement Specialist, such reports concerning technical aspects of work under this Subcontract, in such quantity and form (including detail) and at such times, as may be specified in this subcontract, or as may otherwise be specified by the Procurement Specialist.

C3. Conduct of Employees

The Subcontractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary. The Subcontractor shall immediately remove from the work under this Subcontract any employee of the Subcontractor who, in the sole discretion of FRA, is found to be unsatisfactory in technical performance or personal conduct.

C4. Statement of Work

The Subcontractor shall perform the work in accordance with the Statement of Work at Attachment J-1.

Section D - Packaging and Marking

D1. Marking

Unless otherwise stated in the Subcontract, the Subcontractor shall adequately mark all material, drawings, or other items required under this Subcontract.

Section E - Inspection and Acceptance

E1. Inspection and Acceptance

Inspection and acceptance shall be in accordance with the Statement of Work at Attachment J-1 and applicable clauses per Section I.

Section F - Deliveries or Periods of Performance

F1. Deliveries or Periods of Performance

Deliveries or periods of performance shall be in accordance with the following table.

Subcontract Line Item Number

(SLIN)

Description Delivery Dates or Periods of Performance

1 SD Steel Storage Services, Base year 01/November/2023 – 31/ October/2024 2 SD Steel Storage Services, Option year

1(one) 01/ November /2024 – 31/ October /2025

3 SD Steel Storage Services, Option year 2(two)

01/ November /2025 – 31/ October /2026

4 SD Steel Storage Services, Option year 3(three)

01/ November /2026 – 31/ October /2027

5 SD Steel Storage Services, Option year 4(Four)

01/ November /2027 – 31/ October /2028

Section G - Subcontract Administration Data

G1. Subcontract Administration

a. FRA’s Procurement Specialist for this Subcontract is shown below. The Procurement Specialist or their designate is the only person authorized to make changes in the terms, conditions and requirements of this Subcontract or make modifications to this Subcontract including changes or modifications to the Statement of Work. The Subcontractor shall direct all notices and requests for approval required by this Subcontract to the Procurement Specialist at the following address:

FRA Procurement Specialist Attention: Jeremy Duncan Email: jeremyd@fnal.gov Phone: 865-300-0443 Fermi Research Alliance LLC Kirk Road & Wilson Street P.O. Box 500 – Mail Station # 123 Batavia, IL 60510-0500

b. Any notices and approvals required by this Subcontract from FRA to the Subcontractor shall be issued by the FRA Procurement Specialist.

c. FRA’s Technical Representative for this Subcontract is shown below. The Technical Representative is the person designated to monitor the Subcontract work and to interpret and clarify the technical requirements of the Statement of Work. The Technical Representative is not authorized to make changes to the work or modify any of the terms and conditions, including the schedule and the pricing of this Subcontract.

FRA Technical Representative Attention: To Be Determined (TBD) Email:

Phone:

Fermi Research Alliance, LLC Kirk Road & Wilson Street

P.O. Box 500 – Mail Station 123 Batavia, IL 60510-0500

d. Unless otherwise stated in the Subcontract, reports required by the Subcontract shall be separately submitted to the FRA Procurement Specialist and the FRA Technical Representative. Unless otherwise stated in the Subcontract, the reports shall be submitted by email.

G2. Notification of Potential Changes

The Subcontractor shall provide notification to FRA of potential changes to this subcontract. The primary purpose of this clause is to obtain prompt reporting by the Subcontractor of circumstances or FRA actions that the Subcontractor considers to constitute a change to this Subcontract. The Subcontractor shall notify the FRA Procurement Specialist in writing of any actions, inactions, or communications by FRA that the Subcontractor regards as a potential change to the Subcontract. This notice requirement does not apply to formal change orders identified as such in writing and signed by the FRA Procurement Representative pursuant to the Subcontract’s Changes clause. The Subcontractor shall provide the notice promptly, but no later than ten calendar days from the date that the Subcontractor identifies the potential change. Based on the most accurate information available to the Subcontractor, the notice shall state:

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each FRA individual and Subcontractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; and

(5) The elements of Subcontract performance for which the Subcontractor may seek an equitable adjustment under this clause.

G3. Invoices

All invoices shall be emailed to apinvoices@fnal.gov with a copy to the Procurement Representative at jeremyd@fnal.gov

The subject line of the email shall state the Subcontractor’s name and the Subcontract number.

If the Subcontractor is unable to submit an invoice by email, it may submit the invoice to the following address:

FRA Accounts Payable Fermi National Accelerator Laboratory P.O. Box 500 – Mail Station 112 Batavia, IL 60510

G3.1 General Invoice Requirements

Invoices shall be sent electronically to APINVOICES@FNAL.GOV with a copy to the Procurement Representative at jeremyd@fnal.gov.

Invoices shall contain the following information:

1. Subcontractor name as stated in the Subcontract

2. Remittance address

3. Telephone number and/or email address of person requesting payment

4. Subcontractor's statement that the invoice is correct

5. FRA purchase order/subcontract number

6. Invoice number

7. Invoice date

8. Total invoice amount

9. Description, price, and quantity of materials, property, or services delivered or completed

10. For services: a detailed description of services provided and dates of service

11. For goods received: date shipped or date of delivery

12. Payment terms

13. Shipping terms and required documentation. A copy of pre-paid freight bill is required if mailto:apinvoices@fnal.gov mailto:jeremyd@fnal.gov mailto:APINVOICES@FNAL.GOV charge is $250 or more.

14. Other documentation as required by the Subcontract

G3.2 Special Invoice Requirements

a. Submission of Invoices

(1) Invoices for Routine Services: The invoice shall be submitted monthly by the 10th day of the following month. No partial payment requests will be considered for hours worked.

(2) Invoices for Special Services: The invoice shall be submitted monthly with a consolidated electronic spreadsheet which includes individual service invoices which reflect FRA acceptance of the work. The spreadsheet shall reference the Subcontract number, area where such services were provided, a detailed description of services provided, hours worked, hourly rate, total price, name, mail station, phone number of requestors, and chargeable project/task code(s).

b. All invoices shall be emailed to apinvoices@fnal.gov and to the Procurement Representative at jeremyd@fnal.gov. The subject line of the email shall state the Subcontractor’s name and the Subcontract number.

c. All invoices shall include: Subcontract number; SLIN; Subcontractor’s name (including business heading or logo); invoice date; unique invoice number; and remittance address; and should sufficiently identify and support the payment requested.

G4. Payment Schedule

FRA shall pay the Subcontractor monthly, upon the submission of proper invoices in accordance with any requirements in the General T&C, the prices stipulated in this Subcontract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this Subcontract.

G5. Closeout

The Subcontractor shall, as a condition of full payment, assist FRA after the completion of the work in accomplishing the administrative closeout of this Subcontract, including, as necessary or required, the furnishing of documentation and reports, the disposition of property, the disclosure of any inventions, the execution of any required assignment or release documents, the performance of any audits, and the settlement of any interim or disallowed costs.

mailto:apinvoices@fnal.gov

H - Special Subcontract Requirements

H1. FRA Furnished U.S. Government Property

Attachment J-7 lists the Government Property to be received at the subcontractor’s facility during the period of performance. Notwithstanding any provision to the contrary in the FRA General Terms and Conditions for Commercial Products or Commercial Services, Subcontractor is responsible for risk of loss for Government Property in its care, custody and control.

H2. Disposition of U.S. Government Property

All FRA Furnished U.S. Government Property and Subcontractor Acquired Property (SAP) shall be identified, utilized, accounted for, and protected in accordance with the property clause(s) in the Subcontract. Disposition of such property shall be as directed by the FRA Procurement Specialist. For such property, the Subcontractor shall submit, upon request, a completed Final Property Certification form, as incorporated herein or provided, confirming the property disposition.

H3. Insurance

The insurance requirements for this Subcontract are as shown in Attachment J-3. In addition, to the minimum insurance requirements stated in Attachment J-3, Subcontractor is required to maintain insurance coverages as required by the laws of the state in which it operates and Warehouse Legal Liability Insurance or similar insurance applicable to Subcontractor’s operation.

H4. Warranties

Warranties are as described in Attachment J-2.

H5. Supervision

FRA employees shall not direct or supervise Subcontractor's employees, either directly or indirectly. The Subcontractor is solely responsible for directing and supervising its employees.

H6. Additional Requirements

Subcontractor compliance with all the orders, regulations, plans, manuals, and other directives listed in the Statement of Work and in the Incorporated Documents is a material term of this Subcontract.

Section I - Subcontract Clauses

I1. General Clauses

The general terms and conditions for this Subcontract are as listed in Attachments J-2 through J-4. The clauses listed in those Attachments shall be applicable to this Subcontract as stated therein based on the value of the Subcontract, the status of the Subcontractor, and the nature and location of the work. The Subcontractor shall flow down to sub-tier subcontractors the clauses as specified in those Attachments.

Section J - List of Documents, Exhibits, and Other Attachments

J1. Incorporated Documents

The following documents are incorporated as a part of this Subcontract.

Number Description/Title Revision and/or Date

J-1 Exhibit I - SDSSS Statement of Work May 31, 2023 J-2 FRA General Terms and Conditions Commercial Products or

Commercial Services 05/2023

J-3 Insurance Requirements 07/2019 J-4 Exhibit A - SDSD Special 07/2022 J-5 U. S. Department of Labor (DOL) Wage Determination To Be Determined based on actual performance location

J-6 SDSSS PRICING SHEET 3/2023

J-7 SDSSS ESTIMATED MATERIALS LIST 11/2020

J-8 SDSSS ESTIMATED MATERIALS SCHEDULE 12/2022

J-9 Small Business Subcontracting Plan (if applicable) TBD

Section K – Representations and Certifications

Subcontractor Annual Representations and Certifications (SARC) Proposal Certifications form (PUR-466) FL-11 Organizational Conflict of Interest Certification (Rev. 01/07)

Section L—Instructions, Conditions, and Notices to Offerors

The following requirements must be adhered to for the Offeror’s submission of Proposals to Fermi Research Alliance (FRA) in support of this specific requirement:

L1. PROPOSAL RESPONSE AND DUE DATE AND TIME

A) Proposals shall be submitted via email to Jeremy Duncan at jduncan@fnal.gov no later than 5:00 p.m.

Central Daylight Saving Time on August 08, 2023.

B) Representations and Certifications must be:

• Submitted on the forms furnished by FRA or on copies of those forms, which have been manually signed and scanned.

• The person signing the Representations and Certifications must initial each erasure or change appearing on a completed form.

• The Offeror’s Representations and Certifications shall be signed by an authorized representative of the company.

C) Submit an email with 1 scanned pdf copy of the Technical Proposal volume and 1 scanned pdf copy of the Price/Contractual Proposal volume.

L2. INQUIRIES AND QUESTIONS

Direct all price/contractual and technical questions that you may have concerning this RFP in writing via email to jeremyd@fnal.gov. All inquiries and questions regarding this solicitation must be received no later than July 24, 2023, in order to allow FRA sufficient time to respond prior to the proposal due date. Offerors shall reference the solicitation number in the subject line of the email correspondence. The person designated below shall be the only contact for all inquiries regarding any aspect of this RFP and its requirements.

Fermi Research Alliance, LLC Attention: Jeremy R. Duncan LBNF Procurement Specialist Phone: (865) 300-0443 Email: jeremyd@fnal.gov

Responses to written questions, which involve an interpretation or change to this RFP, will be issued in writing by an RFP amendment and mailed to all parties recorded by FRA as having received a copy of the RFP. All such amendments issued by FRA prior to the time that FRA receives proposals shall be considered part of the RFP.

Companies receiving this RFP other than directly from FRA Procurement are responsible for notifying the FRA contact for RFP inquiries that they are in receipt of an RFP package, and for providing a company name, contact name, and email address in the event an amendment is issued.

Only additional information provided by formal written amendment shall be binding. Oral and other interpretations or clarifications are not binding on FRA.

mailto:jduncan@fnal.gov

L3. EXPLANATION TO PROSPECTIVE OFFERORS

Any explanation desired by a prospective Offeror regarding the meaning or interpretation of the solicitation, drawings, specification, etc., must be requested with sufficient time to allow for a reply to reach all prospective Offerors before submission of their offers. Any information given to a prospective Offeror will be furnished to all prospective Offerors if such information is necessary in submitting offers or if the lack of such information would be prejudicial to any other prospective Offerors.

Direct any question concerning RFP in writing to:

Jeremy Duncan Procurement Specialist jeremyd@fnal.gov 865-300-0443

L.4 MINIMUM OFFER ACCEPTANCE PERIOD

“Acceptance period,” as used in this provision, means the number of calendar days available to FRA for awarding a Subcontract from the date specified in this RFP. Once awarded a Subcontract, the Offeror agrees to perform in compliance with the Subcontract terms.

FRA requires a minimum acceptance period of 90 calendar days. An offer allowing less than FRA’s minimum acceptance period may be rejected.

L.5 EVALUATION OF PROPOSALS

An Evaluation Team will evaluate the proposals. Offerors should be prepared to respond to requests by the Evaluation Team for responses and/or site visits deemed necessary to assist in the detailed evaluation process.

Failure to complete any section of the Proposal may render the proposal insufficient, and it may not be evaluated. All items requested herein will be considered in the evaluation process. FRA may conduct negotiations with any Offeror to resolve inadequacies or clarify issues in submittals.

Proposals will be evaluated in accordance with this RFP.

FRA shall evaluate proposals for award purposes without considering any conditions or contingencies.

Negotiations may be conducted with those Offerors submitting technically acceptable proposals.

L.6 SERVICE CONTRACT ACT WAGE DETERMINATION:

The U. S. Department of Labor (DOL), Register of Wage Determination under the Service Contract Act, Wage Determination Number 2015-5377 Revision 21 dated 12/27/2022, is hereby incorporated as the current DOL Wage Determination used for this scope of service within the Subcontract if the offeror is in Lawrence county South Dakota. Should an offeror’s location be outside of Lawrence county, the appropriate wage determination for that county shall be applicable. Wage Determinations associated with surrounding areas are provided with the RFP. The most current Wage Determination effective at the time of award will be incorporated in the resultant Subcontract and will be replaced with a current determination with each subsequent option period.

L.7 ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS

Offerors shall acknowledge receipt of any amendment to this solicitation (a) by signing and returning the amendment; (b) by e-mail to jeremyd@fnal.gov; or (c) by completing the Representations, Certifications mailto:ecatton@fnal.gov and Acknowledgments (Form SARC). FRA must receive the acknowledgment by the time and at the place specified for receipt of offers.

L.8 DESCRIPTION OF SUBCONTRACT

This Subcontract is for storage and handling services for LBNF/DUNE US materials and equipment. The eventual Subcontractor will be required to provide all personnel, equipment, tools, materials, and supervision for the necessary steel storage services and to provide the receipt, handling, storage, and loading of the LBNF/DUNE materials and equipment. The LBNF project and DUNE collaboration will also require intermittent access to the steel storage location for their QA/QC team.

L.9 SUBCONTRACT TERM

The Subcontract shall be effective for a base period beginning on 1 November 2023, through and including 31 October 2024 (unless sooner terminated pursuant to its terms) and four option years for a term between one and five years. FRA may unilaterally exercise these option years in accordance with the Subcontract.

In no event shall the Subcontract period, as extended, exceed a period of 5 years from the beginning date of the original Subcontract. FRA may terminate this Subcontract by giving Subcontractor written notice at least ninety (90) days prior to the effective date of such termination. No termination of this Subcontract shall operate to relieve or discharge the Subcontractor or FRA from their obligation hereunder on account of any work performed or happening prior to such termination.

L.10 SUBMISSION OF PROPOSALS

The Offeror’s written proposal shall be submitted electronically to the e-mail address listed below: The subject, title, or description line of all email correspondence shall include the RFP number.

jeremyd@fnal.gov Attention: Jeremy Duncan Procurement Specialist Subject: (e.g. RFP LBNF-343096-JD)

The cover page of an electronic Proposal shall list the solicitation number, due date and time, and the name and address of the Offeror. Facsimile offers will not be considered.

L.11 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS

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

L.12 REQUIREMENTS FOR PROPOSAL

Offerors shall submit two (2) separate pdf proposal volumes.

The Technical Proposal volume shall contain all the pertinent technical information exclusive of the prices and other information required in the Price/Contractual Proposal volume. The Technical Proposal volume shall include all the information required by the Technical Proposal Preparation Instructions below.

Technical Proposal Preparation Instructions:

The Offeror’s Technical Proposal should clearly demonstrate its ability to meet or exceed FRA requirements with regard to each evaluation factor stated in Section M. The Technical Proposal should provide the following documentation to facilitate FRA’s evaluation of each evaluation factor:

Proposal Format for Criterion 1: Provide a Corporate Summary that explains your recent and current warehousing business. Summarize your business plan and facility to explain how your current operation can meet the needs of FRA. Include your facility’s physical address, standard hours and days of operations and identify observed holidays. The summary shall address all aspects of Attachment J-1, Exhibit I (SOW), Section C.2, Storage Services Site Requirements and the Service Requirements outlined in Attachment J-1, Exhibit I (SOW), Section D, Service Requirements, which include:

• Standard Services

• Inventory Management

• Storage of Materials

• Delivery

• Transportation Management

• Reporting

• Special Services

Proposal Format for Criterion 2: Provide an overview of the corporate environment, safety, and health program, addressing the appropriate elements outlined in Section 2.2 of Attachment J-4. Describe the responsibilities and actions to ensure that working conditions, practices, and areas of responsibility are maintained in a safe and healthy manner. This section should also include a completed Subcontractor Safety Information Questionnaire and a copy of the Subcontractor’s Safety Plan.

Proposal Format for Criterion 3: Describe in detail how your business will accommodate the Quality Control requirements outlined in Attachment J-1, Exhibit I (SOW), Section D.1.h. Outline your current quality assurance program and provide samples of any reports and frequency that your company will provide to communicate with FRA.

Proposal Format for Criterion 4: Provide qualifications of key team members, as well as a biography or resume for the proposed site operation manager/subcontract point of contact.

Proposal Format for Criterion 5: The prospective Offeror shall provide references of at least three past or present customers for similar services within the past 10 years. Provided references should be able to verify the Offeror’s ability to schedule and complete, on budget and on time, and in a safe manner, work of similar scope and size. Reference information shall include:

• Business name

• Contact person (with name, phone number, and valid email address)

• Project description

• Project duration and dates of service

• Explanation of how each project was similar to the services required by FRA.

Price/Contractual Proposal: The prospective Offeror shall submit the Price/Contractual Proposal utilizing the form provided in Attachment J-6. In addition, the Price/Contractual Proposal shall include the following:

• Subcontractor Annual Representations and Certifications (SARC)

• PUR-466 Proposal Certifications Form

• Small Business Subcontracting Plan, in accordance with FAR Clause 52.215-9, Small Business

Subcontracting Plan (Aug. 2018). Small businesses are exempt from this requirement.

• List of authorized negotiator(s) and contact information.

• Any written exceptions or proposed changes to the terms and conditions or other provisions of the model subcontract contained in this RFP.

L.13 CERTIFIED COST OR PRICING DATA

Offerors are not required to submit certified cost or pricing data with their offers; however, such data may be requested at a later date.

L.14 EXCEPTIONS

FRA warns Offerors that taking exceptions to any term or condition of this RFP (including submitting any alternate proposals that requires relaxation of a requirement) may make an offer unacceptable, and the Offeror ineligible for award. If exceptions are taken, Offerors shall identify the section or attachment of the RFP and paragraph or clause designation which the Offeror is taking exception to. The reason for any exception(s) shall be clearly stated in the Offeror’s proposal. Substantive exceptions may cause your offer to not be accepted.

L.15 RELEASE OF CLAIMS, LIABLITY AND PREPARATION EXPENSES

This RFP does not commit FRA to pay for any costs incurred in the preparation and submission of an offer or for any other such costs incurred prior to the execution of a Subcontract.

L.16 AWARD OF SUBCONTRACT

Unless specified otherwise elsewhere in this Request for Proposal, the Subcontract will be awarded to the responsible Offeror whose offer represents the best value, total cost of the acquisition and other factors considered.

FRA reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received.

Except as may otherwise be provided in the Request for Proposal, FRA may accept any item or group of items of any offer, unless the Offeror qualifies the offer by specific limitations.

FRA may accept within the time specified therein, any offer (or part thereof, as provided in (c) above), whether or not there are negotiations subsequent to its receipt. If subsequent negotiations are conducted, they shall not constitute a rejection or counteroffer on the part of the FRA.

It is FRA’s intent to award based on initial offers. Accordingly, each offer should be submitted on the most favorable terms, from a price and technical standpoint that the Offeror can submit. However, FRA may allow for proposal revisions if FRA deems it necessary.

L.17 SUBCONTRACTING

Unless otherwise specified, the successful Offeror shall be responsible for performance of any lower-tier subcontractor that may perform work under this Subcontract. Performance by a lower-tier subcontractor employee is subject to FRA consent and will be considered in FRA’s evaluation. The FRA Subcontractor must ensure that any lower-tier subcontractor abides by all terms and conditions and requirements of the FRA Subcontract.

L.18 SUMMARY

The prospective Offeror is hereby reminded to review all attachments and terms and conditions of this solicitation prior to submitting their written proposal. All proposals must be submitted in accordance with this Request for Proposal and with all related requirements, representations, and certifications.

Proposals shall include the following submittals:

• Technical Proposal

• Price/Contractual Proposal

• PUR-466 Proposal Certifications Form

• Subcontractor Annual Representations & Certifications (SARC)

• Subcontractor Safety Information Questionnaire

• Subcontractor Safety Plan

• Small Business Subcontracting Plan (if applicable)

• References to current or past experience in similar business circumstances.

Section M—Evaluation Factors for Award

M1. TECHNICAL EVALUATION CRITERIA

The following evaluation criteria are listed in descending order of importance:

1. Criterion 1: Corporate Business Plan and Operations: FRA will evaluate the Offeror’s ability to meet FRA requirements contained in the SOW. The Offeror’s proposed business plan and facility/operations will be reviewed. As part of this factor, FRA will consider the proximity of Offeror’s operation to Lead, South Dakota, and Offeror’s experience handling equipment similar in dimension and weight to the material listed in Attachment J-7.

2. Criterion 2: Environment, Safety, & Health: FRA will evaluate the Offeror’s ability to accomplish the work in a safe and compliant manner that meets all requirements of Attachment J-4. As part of this factor, FRA will review the offeror’s safety record based on available information, including its Experience Modification Rating (EMR).

3. Criterion 3: Quality Control: FRA will evaluate the degree to which the Offeror’s proposal demonstrates adequate quality control processes. An existing corporate QA Plan to an internationally recognized standard is preferred.

4. Criterion 4: Resources and staffing: Extent to which the proposed project management team’s composition, organization, and resource allocation support successful project execution. The operations manager/Subcontract POC should demonstrate at least 3 years’ experience in similar warehousing operations. Additional members of the identified team should include personnel with experience in the following areas of expertise related to secure outdoor storage services:

receiving, material handling & storage, delivery scheduling, inventory control & reconciliation.

5. Criterion 5: Past Experience and Performance: FRA will evaluate the offeror’s relevant experience in providing similar warehousing services. Experience should include the execution of at least 3 other warehousing operations consistent with the scale/value of the SDSSS storage services in the past 10 years. In addition, the level of performance achieved by the customer in completing these projects may be considered by FRA.

M2. EVALUATION PROCESS

This is a best value source selection. Award shall be made to the Offeror who is deemed responsible; whose proposal conforms to the FRA’s requirements and is judged to represent the best value to FRA. The best value is represented by the most advantageous offer, price, and other factors considered. Such offers may not necessarily be the proposals offering the lowest price or receiving the highest technical rating. A proposal meeting solicitation requirements with the lowest evaluated price may not be selected if award to a higher evaluated price offeror is determined to be most advantageous to FRA. Each Offeror shall be evaluated relative to the factors in Section M of this solicitation. All evaluation factors other than cost or price, when combined, are more important than cost or price.

Each technical criterion will be graded based on the following ratings :

(1) Blue—Proposal exceeds the requirements; provides little or no risk to FRA.

(2) Green—Proposal fully satisfies the requirements; provides low to moderate risk to FRA.

(3) Yellow—Proposal marginally satisfies requirements; provides moderate to high risk to FRA.

(4) Red—Proposal does not satisfy requirements; provides unacceptable risk to FRA.

FRA will evaluate and rank Offerors’ ability to successfully provide the overall best value to FRA based on the technical proposal submitted. Interviews and verification of references and financing capability may be conducted with the highest ranked Offerors.