RFP LBNF-357714-JD 09-13-2024 final.pdf

Request for Proposals Number LBNF-357714-JD for

Long-Baseline Neutrino Facility/Deep Underground Neutrino Experiment

Argon Receiving System

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

Questions and inquiries are to be submitted via e-mail to Jeremy Duncan at jeremyd@fnal.gov no later than 5:00 p.m. Central Daylight Saving Time on October 29, 2024.

Proposals are to be submitted via e-mail to Jeremy Duncan at jeremyd@fnal.gov no later than 5:00 p.m.

Central Daylight Savings Time on November 12, 2024.

mailto:jeremyd@fnal.gov

Fermi Research Alliance LLC Request for Proposals (RFP) LBNF-357714-JD 2

Draft Subcontract for LBNF Argon Receiving Between Fermi Research Alliance, LLC and VENDOR

Section A - Award _____________________________________________________________ 5

A1. Identification of Parties __________________________________________________________ 5

A2. Subcontract Issued Under Prime Contract ___________________________________________ 5

A3. Relationships __________________________________________________________________ 5

A4. General Purpose of the Subcontract ________________________________________________ 5

A5. Period of Performance __________________________________________________________ 5

A6. Order of Precedence ____________________________________________________________ 5

A7. Agreement ____________________________________________________________________ 6

A8. Signature _____________________________________________________________________ 6

Section B - Supplies or Services and Prices _________________________________________ 7

B1. Prices ________________________________________________________________________ 7

B2. Firm Fixed Prices (FFP) ___________________________________________________________ 7

B3. Total Sum Allotted ______________________________________________________________ 7

B4. Options _______________________________________________________________________ 7

B5. Exercising of Options ____________________________________________________________ 9

B6. Availability of Funds ____________________________________________________________ 9

Section C - Description of Work _________________________________________________ 10

C1. Standards of Performance _______________________________________________________ 10

C2. Technical Reports ______________________________________________________________ 10

C3. Conduct of Employees __________________________________________________________ 10

C4. Statement of Work ____________________________________________________________ 10

Section D - Packaging and Marking _____________________________________________ 11

D1. Packaging and Marking _________________________________________________________ 11

D3. Incoterms ____________________________________________________________________ 11

Section E - Inspection and Acceptance ___________________________________________ 12

E1. Inspection and Acceptance ______________________________________________________ 12

Section F - Deliveries or Periods of Performance ___________________________________ 13

F1. Periods of Performance _________________________________________________________ 13

Section G - Subcontract Administration Data ______________________________________ 15

G1. Subcontract Administration _____________________________________________________ 15

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G2. Notification of Potential Changes ________________________________________________ 15

G3. Invoices _____________________________________________________________________ 16

G3.1 General Invoice Requirements __________________________________________________ 16

G4. Payment Schedule _____________________________________________________________ 17

G5. Closeout _____________________________________________________________________ 17

Section H - Special Subcontract Requirements _____________________________________ 18

H1. Definitions ___________________________________________________________________ 18

H2. Reserved ____________________________________________________________________ 18

H3. Insurance for Work Performed at SURF ____________________________________________ 18

H4. Reserved ____________________________________________________________________ 18

H5. Key Personnel ________________________________________________________________ 18

H6. Supervision __________________________________________________________________ 19

H7. FRA Furnished U.S. Government Property __________________________________________ 19

H8. Disposition of U.S. Government Property __________________________________________ 19

H.9 Additional Requirements _______________________________________________________ 19

H10. Small Business Subcontracting Plan ______________________________________________ 19

H11. Sub-Tier Subcontractors and Outside Associates and Consultants ______________________ 19

H.12 Place(s) of Performance _______________________________________________________ 20

Section I - Subcontract Clauses _________________________________________________ 21

I. General Clauses _________________________________________________________________ 21

Section J - List of Documents, Exhibits, and Other Attachments _______________________ 22

J. Incorporated Documents _________________________________________________________ 22

Section K – Representations and Certifications ____________________________________ 23

Section L—Instructions, Conditions, and Notices to Offerors __________________________ 24

L1. PROPOSAL RESPONSE AND DUE DATE AND TIME ____________________________________ 24

L2. INQUIRIES AND QUESTIONS _____________________________________________________ 24

L3. EXPLANATION TO PROSPECTIVE OFFERORS. _____________________________________ 25

L.4 MINIMUM OFFER ACCEPTANCE PERIOD ________________________________________ 25

L.5 EVALUATION OF PROPOSALS _________________________________________________ 25

L.7 ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS ________________________ 27

L.8 RESPONSIBLE OFFERORS ____________________________________________________ 27

L.9 Reserved _________________________________________________________________ 27

L.10 SUBMISSION OF PROPOSALS _________________________________________________ 27

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L.11 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS ___________ 28

L.12 REQUIREMENTS FOR PROPOSAL ______________________________________________ 28

L.13 CERTIFIED COST OR PRICING DATA _______________________________________________ 29

L.14 EXCEPTIONS _________________________________________________________________ 29

L.15 RELEASE OF CLAIMS, LIABLITY AND PREPARATION EXPENSES __________________________ 30

L.16 AWARD OF SUBCONTRACT ___________________________________________________ 30

L.17 SUBCONTRACTING ____________________________________________________________ 30

L.19 SUMMARY ________________________________________________________________ 31

Section M—Evaluation Factors for Award ________________________________________ 32

M2. Mandatory Technical Requirement _______________________________________________ 32

M3. Technical Evaluation Factors ____________________________________________________ 32

M3. EVALUATION PROCESS ______________________________________________________ 34

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Subcontract Number TBD

For LBNF Argon Receiving Between FRA and SUBCONTRACTOR

Section A - Award

A1. Identification of Parties

This Subcontract is between Fermi Research Alliance, LLC (“FRA”) and the party identified in A8. 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 is the acquisition of Argon Receiving facilities consisting of two

(2) dedicated truck stations to offload liquid argon (LAr), four (4) x 50 m3 LAr storage tanks, and the piping and equipment necessary to transfer and vaporize stored LAr to the interface point between the supply and the nearby Ross Shaft for the Long-Baseline Neutrino Facility (LBNF). The general scope encompasses the engineering, manufacture, packaging, delivery, installation, and on-site acceptance tests for all Argon

Receiving equipment.

A5. Period of Performance

The required delivery dates are identified in F1. of the Subcontract.

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.

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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:

TBD Fermi Research Alliance, LLC (FRA)

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

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Section B - Supplies or Services and Prices

B1. Prices

The Subcontractor shall provide the supplies or services at the prices shown in the table below.

Subcontract Line Item

(SLIN)

Description Deliverable/Criteria for Completion Prices

01 Base Subcontract: Detailed Engineering of entire Argon Receiving system and complete plan for installation & commissioning.

FRA receipt and acceptance of all deliverables listed in Sections 14 and 15 of the SOW.

B2. Firm Fixed Prices (FFP)

The Firm Fixed Prices are not subject to any adjustment by the Subcontractor. Only the FRA Procurement Specialist is authorized to change the Firm Fixed Prices.

B3. Total Sum Allotted

The funding presently allotted for payment to the Subcontractor is $TO BE DETERMINED. This funding is expected to cover work TO BE DETERMINED pursuant to Section B6. Availability of Funds.

B4. Options

The following three options may be exercised at the sole discretion of FRA by issuance of a written

Subcontract modification. FRA reserves the right to exercise unilaterally none, some, or all options, sequentially or non-sequentially, at any time within the dates set forth for the exercising of options.

Option #1: Argon Receiving Equipment Manufacturing

Subcontract Line Item

(SLIN)

Description Deliverable/Criteria for Completion Prices

02 Production Readiness Review Successful completion of Production Readiness Review and FRA release for manufacturing per Section 16 of the SOW.

03 Material Procurement (Option 1) Procure all materials to manufacture the Argon Receiving Facilities to the approved design per Section 16 of the SOW.

04 Manufacturing of Argon Receiving

System

Completion of the Manufacturing Phase of

Argon Receiving System (excluding testing, delivery to SURF, installation, Fermi Research Alliance LLC Request for Proposals (RFP) LBNF-357714-JD 8 startup, spares, and two-year warranty as denoted in SLINs 5-10) and delivery of all documentation in accordance with Section 16 of the SOW.

05 Factory Testing per applicable codes and standards and in accordance with specifications.

Successful completion of Test ID 1-11 in Section 13 of the SOW.

06 Final delivery of equipment to SURF Completion of Shipping and Delivery of all materials and equipment to SURF in undamaged condition per Section 12 of the SOW. Completion of FRA receipt inspection per Test ID 12 per Section 13 of the SOW.

07 Installation Completion of Installation per Section 17 of the SOW.

08 Startup Completion of all Startup requirements listed in Section 17 of the SOW.

08 Final Acceptance Final Acceptance of Argon Receiving Facilities per Section 13.19 of the SOW.

09 Supply of all Spares Delivery of all capital spares and 2-year operation spares per Section 5.1 of the

SOW.

10 Two Year Warranty Extended warranty per Section 5.1 of the SOW. Pursuant to Sections 6.4 and 6.4A of Subcontract Attachment J-1, the required warranty period shall be two years.

Option #1A: Supply of Process Controls

Subcontract Line Item

(SLIN)

Description Deliverable/Criteria for Completion Prices

11 Process Controls for the Equipment.

Includes materials, manufacturing, delivery, installation, and testing of the PLCs, HMI, and programming.

Supply of Process Controls per Section 5.1 of the SOW. Includes materials, manufacturing, delivery, installation, and testing of the PLCs, HMI, and programming.

Option #1B: Execute Pre-Commissioning after Completion of Installation and Prior to Startup

Line Item

(SLIN)

Description Deliverable/Criteria for Completion Prices

12 Execution of the pre-commissioning after the completion of the installation and prior to the startup.

Completion of all Pre-Commissioning requirements listed in Section 17 of the SOW (if required due to project timing)

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This may be required if there is too much time between completion of the installation and startup.

Option #2: Five-Year Maintenance Services

Line Item

(SLIN)

Description Deliverable/Criteria for Completion Prices

13 Supply of maintenance provisions for five (5) years following the completion and final acceptance of the system.

Extended maintenance provisions per Section 5.1 of the SOW.

B5. Exercising of Options

Option(s) shall be exercised by sending a written subcontract modification to the seller within the range of dates listed below or such a later date as the parties agree. FRA is not obligated to exercise any option(s). In the event FRA does not exercise the option(s), the Subcontractor shall be relieved of any further obligation under the option.

Exercise

No Later Than (NLT)

Option 1 June 30, 2025

Option 1A June 30, 2025

Option 1B July 31, 2028

Option 2 July 31, 2028

B6. Availability of Funds

Funds are not presently available for SLINs 2-13. FRA’s obligation under SLINs 2-13 is contingent upon the exercise of options and the availability of funds from which payment can be made. No legal liability on the part of FRA for any payment under SLIN 2 through SLIN 13 may arise until: (1) FRA exercises the applicable option; and (2) funds for a particular SLIN are made available to the FRA Procurement

Specialist for this Subcontract and the FRA Procurement Specialist notifies the Subcontractor in writing of such availability in a notice to proceed.

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Section C - Description of Work

C1. Standards of Performance

The Subcontractor shall perform the work under this Subcontract by using its best efforts and know-how and its performance shall be accomplished in a workmanlike manner by qualified, careful, and efficient personnel, in accordance with professional standards of care. The Subcontractor shall perform all design and fabrication as necessary to produce the results indicated in Attachment J-4.

FRA's review of the design does not relieve the Subcontractor of compliance with the Subcontract requirements or its obligations to deliver fully functional valves that meet the requirements of this Subcontract.

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.

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 complete and deliver the work in accordance with the Statement of Work at Attachment J-4.

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Section D - Packaging and Marking

D1. Packaging and Marking

Unless otherwise stated in the Subcontract, the Subcontractor shall adequately package and mark all material, drawings, or other items required by the SOW to prevent damage during shipment to SURF.

D2. Shipping Address

All items shall be shipped to the following address, or a nearby staging area, as directed by FRA:

FRA

1313 E. Saint Patrick Street;

Rapid City, South Dakota 57701

D3. Incoterms

All items shall be shipped FOB destination. Subcontractor shall bear risk of loss during shipment to the FRA warehouse.

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Section E - Inspection and Acceptance E1. Inspection and Acceptance

Inspection and acceptance shall be in accordance with the Statement of Work in Attachment J-4 and applicable clauses per Section I.

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Section F - Deliveries or Periods of Performance

F1. Periods of Performance

Completion shall be in accordance with the following table:

Base Subcontract

Line Item

(SLIN)

Delivery Date

01 Date of award through (TBD) days after award

Option 1 (if exercised by FRA)

Line Item

(SLIN)

Delivery Date

02 Date of award through (TBD) days after award

03 Date of award through (TBD) days after award

04 Date of award through (TBD) days after award

05 Date of award through (TBD) days after award

06 Date of award through (TBD) days after award

07 Date of award through (TBD) days after award

08 Date of award through (TBD) days after award

09 Date of award through (TBD) days

10 24 Months after award

Option 1A (if exercised by FRA)

Line Item

(SLIN)

Delivery Date

11 Date of award through (TBD) days

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Option 1B (if exercised by FRA)

Line Item

(SLIN)

Delivery Date

12 Date of award through (TBD) days

Option 2 (if exercised by FRA)

Line Item

(SLIN)

Delivery Date

13 60 months after award

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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 168 Ross Street Lead, SD 57754

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: Matt Maciazka Email: maciazka@fnal.gov Phone: 630-840-3846 Fermi Research Alliance, LLC *In addition, please CC David Montanari dmontana@fnal.gov on all technical correspondence.

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 mailto:dmontana@fnal.gov

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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 this Subcontract. This notice requirement does not apply to formal change orders identified as such in writing and signed by the FRA Procurement Specialist 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.

FRA is not obligated to reimburse the Subcontractor for any work performed outside of the Subcontract scope without authorization from the FRA Procurement Specialist.

G3. Invoices

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

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 mailto:apinvoices@fnal.gov mailto:APINVOICES@FNAL.GOV

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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 charge is $250 or more.

14. Other documentation as required by the Subcontract

G4. Payment Schedule

a. FRA shall pay the Subcontractor, upon the submission of proper invoices in accordance with any requirements from the clauses referenced in Section I, the prices stipulated in this Subcontract for services rendered and accepted, less any deductions provided in this Subcontract.

b. The Milestone Payment Schedule for this Subcontract shall correspond to the SLINs in Section B, above.

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.

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Section H - Special Subcontract Requirements

H1. Definitions

“SDSTA” means the South Dakota Science & Technology Authority, created by the South Dakota legislature, and operator of the Sanford Underground Research Facility.

“SURF” means the Sanford Underground Research Facility, located in Lead, South Dakota, and which is the Far Site for the Long Baseline Neutrino Facility (LBNF) project of the Fermi National Accelerator

Laboratory.

H2. Reserved

H3. Insurance for Work Performed at SURF

Insurance requirements for this Subcontract are established by FRA as the contracting entity and the

SDSTA Risk Transfer Protocols (for work occurring on the SURF site). Before undertaking any work under this Subcontract, the Subcontractor shall, except as otherwise approved by FRA, comply with the

Insurance Requirements Exhibit to this Subcontract, which are based upon the applicable category of risk, and provide the required evidence of insurance as set out in the Insurance Requirements exhibit.

The Subcontractor shall indemnify FRA for any expense incurred or loss suffered by FRA for the failure of the Subcontractor to comply with the provisions of this clause or the Insurance Requirements for this

Subcontract.

H4. Reserved

H5. Key Personnel

It is understood and agreed that the Subcontractor's key personnel designated below are considered essential to the work being performed hereunder and shall not be reassigned or replaced without prior FRA approval, except where such circumstances are beyond the reasonable control of the Subcontractor.

The Subcontractor shall notify the FRA Procurement Specialist 90 days in advance and shall submit justification (including proposed substitutions with resumes) to permit evaluation of the impact on the performance of this Subcontract.

Name(s) Title

TO BE DETERMINED (TBD)

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H6. 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.

H7. FRA Furnished U.S. Government Property

FRA shall furnish the following U.S. Government Property per the Statement of Work:

• Two 50 m3 tanks

• PLCs and associated cabinets [Not applicable if Option 1A is exercised by FRA]

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.

H8. 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.

H.9 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.

H10. Small Business Subcontracting Plan

The Subcontractor’s Small Business Subcontracting Plan is incorporated at Attachment J-10. (Attachment J-10 will be removed if the Subcontract is awarded to a small business.)

H11. Sub-Tier Subcontractors and Outside Associates and Consultants

Sub-tier subcontractors and outside associates or consultants required by the Subcontractor in providing the services covered this Subcontract shall be limited to individuals or firms that are listed in Attachment J-11. The Subcontractor shall obtain the FRA Procurement Specialist’s written consent before making any substitution for these sub-tier subcontractors, associates, or consultants after the award of the Subcontract.

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H.12 Place(s) of Performance

Key operations related to the scope of work of this Subcontract shall be performed at the locations listed herein. Adjustments to the performance locations for key operations identified below are subject to the advance written approval of FRA as follows:

To Be Determined. Performance locations to be listed by FRA in final award based on selected proposal.

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Section I - Subcontract Clauses

I. General Clauses

The general terms and conditions for this Subcontract are listed in Attachment J-1. The clauses listed in that Attachment 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 that Attachment.

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

J. Incorporated Documents

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

Number Description/Title Revision and/or Date

J-1 FRA General Terms and Conditions For Combining Supplies and Services Performed at SURF purposes of J-1, “Fermilab,” and “Fermilab site” include SURF

03/2024

J-2 Insurance Requirements for FRA Subcontracted Work at SURF— Risk Category 3

08/2024

J-3 Risk Transfer Protocols for Contractors and Project Sponsors June 2016

J-4 LBNF/DUNE-US Argon Receiving Statement of Work (SOW) 07-16-2024

J-5 Exhibit A 7020 for Supply and Services SURF March 2024

J-6 Section 010010 General Requirements Installation February 2024

J-7 Section 013300 Submittals 02-14-2024

J-8 LBNF/DUNE-US Argon Cryogenic Packages Project Management Requirements, Quality Assurance, and Quality Control Plan

Revision 1 01/29/2024

J-9 Subcontractor’s Corporate Quality Control Plan TO BE DETERMINED

J-10 Small Business Subcontracting Plan TO BE DETERMINED

J-11 Sub-Tier Subcontractors and Outside Associates and Consultants TO BE DETERMINED

J-12 Subcontractor’s Corporate ES&H Plan TO BE DETERMINED

J-13 LBNF/DUNE-US Argon Receiving Project Schedule 07/16/2024

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Section K – Representations and Certifications

Subcontractor Annual Representations and Certifications (SARC) Revision 3 Proposal Certifications form (PUR-466) Revision 1

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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 jeremyd@fnal.gov no later than 5:00 p.m. Central Daylight Savings Time on November 12, 2024.

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 October 29, 2024, 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

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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 the 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 120 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 Oral Presentations

FRA may elect to hold oral presentations. Offerors determined to be in the competitive range shall be invited. Evaluators may use presentations to refine or revise their technical scores of the proposals. Offerors may be asked to submit a revised proposal based on the information presented during the oral presentations and the subsequent evaluation.

General Oral presentations will be evaluated in accordance with the Technical Evaluation Factors described in Section M. The oral presentation and any interaction during the session shall be

Fermi Research Alliance LLC Request for Proposals (RFP) LBNF-357714-JD 26 restricted to the Offeror’s proposal, requested scope of work, and the topics specified in the solicitation.

How FRA Will Conduct the Presentation Offerors will be given the same amount of time to prepare and present their oral presentation.

FRA may ask questions to further understand the oral presentation.

Members of the Source Evaluation Board (SEB) and other non-voting advisors involved in the evaluation of offers will be present at the oral presentation.

Evaluators may use Offeror responses provided during oral presentations to refine the technical evaluation of the proposals.

The oral presentation may include discussions or negotiations of the proposal if specifically provided in the solicitation that the oral presentation will constitute discussions (as defined in FAR 15.102 (d) (6) and 15.102 (g)).

Offerors will be expected to present on the following areas:

Topic #1: Offeror’s Approach to Accomplish the Statement of Work The Offeror shall describe their planned approach to the work. At a minimum, the following aspects shall be discussed:

- Manufacturing Approach: Outline the approach to manufacturing the Argon Receiving system.

- Material List: Provide a preliminary list of materials required for the project, ensuring clarity regarding specifications, quantities, and sourcing.

- Shipping and Handling Plan: Present a preliminary plan detailing shipping and handling procedures to ensure the safe and timely delivery of equipment components to the designated site.

- Testing Procedures: Describe the planned testing procedures for the Argon Receiving system.

Topic #2: Past Experience and Past Performance of the Project Team and Company Describe your completed project experience involving the engineering, manufacture, testing, commissioning and on-site installation of equipment similar to the Argon Receiving system.

Describe how this experience is similar to FRA’s Argon Receiving System scope.

Topic #3: Environment, Safety & Health How Offeror’s ES&H Program meets the requirements stated in Attachment J-5 (Exhibit A 7020 for Supply and Services in SURF Leased Space). Summarize your firm’s safety record as provided

Fermi Research Alliance LLC Request for Proposals (RFP) LBNF-357714-JD 27 in the FRA Safety information Questionnaire. Explain the experience and qualifications of the ES&H representative that will be assigned to the project.

Topic #4: Quality Assurance Highlight Offeror’s Quality Assurance Corporate Program and any certifications that are in place.

Discuss your program fulfills the requirements in Attachment J-8 (Section 014100 Quality Requirements Cryo).

Scheduling FRA shall notify each Offeror of the date and time of its oral presentation as soon as practicable and will provide any other instructions needed.

Oral presentations will be held at the Fermi National Accelerator Laboratory in Batavia, IL, an alternate location, or virtually.

It is anticipated that Oral Presentations will begin the week of January 6, 2025. However, FRA reserves the right to reschedule the oral presentation at its discretion.

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 and Acknowledgments (Form SARC). FRA must receive the acknowledgment by the time and at the place specified for receipt of offers.

L.8 RESPONSIBLE OFFERORS

FRA reserves the right to award a Subcontract only to a responsible Offeror. A responsible

Offeror is defined as a company that demonstrates the financial ability, resources, skills, capability, willingness, and business integrity necessary to perform the Subcontract. FRA determination of whether an Offeror is responsible is at FRA’s sole discretion.

L.9 Reserved

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-357714-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.

mailto:ecatton@fnal.gov

Fermi Research Alliance LLC Request for Proposals (RFP) LBNF-357714-JD 28

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 it is received before the 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/Business 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 discuss 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: In this section, the Offeror should provide sufficient information to clearly demonstrate its ability to meet or exceed the technical requirements for the Argon Receiving system as defined in the Statement of Work and Appendices attached to the solicitation. The proposal should include a section-by-section response to the SOW which must be inclusive of the following key considerations:

- Manufacturing Approach: Outline the approach to manufacturing the Argon Receiving system.

- Material List: Provide a preliminary list of materials required for the project, ensuring clarity regarding specifications, quantities, and sourcing.

- Shipping and Handling Plan: Present a preliminary plan detailing shipping and handling procedures to ensure the safe and timely delivery of equipment components to the designated site.

- Testing Procedures: Describe the planned testing procedures for the Argon Receiving system.

Proposal Format for Criterion 2: In this section, the Offeror must fully demonstrate that its recent past experience includes projects of similar to the Argon Receiving system. In addition, the offeror must demonstrate satisfactory performance on similar projects, leading to a successful result.

The prospective Offeror shall provide a brief description of at least three past or present projects involving engineering, manufacture, testing and installation of comparable equipment within the past 10 years. The brief description should include:

• Project description

• Project duration and dates of service

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

• Challenges faced during project execution and how Offeror overcame those challenges

• Whether or not the project was completed on-time

Proposal Format for Criterion 3: Provide an overview of the corporate environment, safety, and health program. Explain how your ES&H Program meets FRA requirements as stated in

Fermi Research Alliance LLC Request for Proposals (RFP) LBNF-357714-JD 29

Attachment J-5 of this RFP. Describe the responsibilities and actions to ensure that working conditions, practices, and areas of responsibility are maintained in a safe and healthy manner.

Describe the plan for providing subcontractor ESH orientation and training to personnel on site.

This section should also include a completed Subcontractor Safety Information Questionnaire with support documentation for the offeror and each key sub-tier subcontractor, a copy of the Subcontractor’s Environmental, Safety, and Health Manual, and a description of your safety record. Discuss the plan for providing ESH oversight of the work activities including resume of the dedicated ES&H representative.

Proposal Format for Criterion 4: Describe in detail how your business will accommodate the Quality Control requirements outlined in Attachment J-8. Provide a copy of your current corporate quality assurance program and provide samples of any reports and frequency that your company will provide to communicate with FRA.

Price/Business Proposal: The Price/Business Proposal shall include the following:

• Subcontractor Annual Representations and Certifications (SARC)

• PUR-466 Proposal Certifications Form

• Pricing and Delivery for each Milestone/Subcontract Line Item (SLIN) in Section B

• Small Business Subcontracting Plan, in accordance with FAR Clause 52.219-9, Small Business Subcontracting Plan (Aug. 2018). Small businesses are exempt from this requirement.

• List of any Sub-Tier Subcontractors and Outside Associates and Consultants to be used in performance of the work. Include name of proposed subcontractor and scope to be performed.

• 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 Offeror ineligible for subcontract 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.

Fermi Research Alliance LLC Request for Proposals (RFP) LBNF-357714-JD 30

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 Mandatory Pre-Proposal Conference and Site Visit

Mandatory Site Visits for each prospective offeror will be held at Sanford Underground Research Facility, 630 E. Summit St., Lead, South Dakota beginning the week of October 21, 2024. Each offeror will be assigned its own dedicated site visit date. No other firms will be in attendance during your firm’s site visit.

Each site visit will be less than one day in duration, with an agenda spanning the hours of 7:00 a.m. to 5:00 p.m., Mountain Standard Time.

At least one, but no more than five representatives from an Offeror’s firm must attend this Site Visit in order for the Offeror to be included in the proposal evaluation process. Attendees are not allowed to represent multiple Offerors at this Site Visit.

The Site Visit will include a tour of the surface facilities of the Sanford Underground Research Facility (SURF) relevant to the SOW; no underground access will be provided.

Fermi Research Alliance LLC Request for Proposals (RFP) LBNF-357714-JD 31

All Offerors intending to send representatives to the Site Visit are required to submit a Mandatory Site Visit Prequalification Questionnaire (including, but not limited to, Foreign National clearance documentation no later than 5 P.M. Central Daylight Time (CDT) on October 4, 2024. The questionnaire shall be emailed to jeremyd@fnal.gov prior to the deadline.

Attendees are responsible for all travel and transportation costs associated with attendance at the Site Visit. FRA is not liable for any costs or damages incurred or arising from the inability of any person (or persons) to access the site or attend the Site Visit, whether due to failure to supply the necessary notifications and information for access to FRA in a timely fashion, or for any other reason.

During the Site Visit, FRA representatives will provide a brief presentation of the elements required for this RFP and a walk through of available/accessible areas relevant to the SOW. Questions and answers during this visit will be documented and shared with all participants. FRA is not responsible for any information obtained outside of this process.

L.19 SUMMARY

The prospective Offeror is…