RFP LBNF-357777-JD 09-13-2024 Final.pdf

Request for Proposals Number LBNF-357777-JD for

Long-Baseline Neutrino Facility/Deep Underground Neutrino Experiment

Internal Cryogenics

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 September 27, 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 October 11, 2024.

Draft Subcontract for LBNF Internal Cryogenics Between Fermi Research Alliance, LLC and VENDOR

Section A - Award ____________________________________________________________________ 4

A1. Identification of Parties _________________________________________________________________ 4

A2. Subcontract Issued Under Prime Contract __________________________________________________ 4

A3. Relationships _________________________________________________________________________ 4

A4. General Purpose of the Subcontract _______________________________________________________ 4

A5. Period of Performance __________________________________________________________________ 4

A6. Order of Precedence ___________________________________________________________________ 4

A7. Agreement ___________________________________________________________________________ 5

A8. Signature ____________________________________________________________________________ 5

Section B - Supplies or Services and Prices ________________________________________________ 6

B1. Prices ________________________________________________________________________________ 6

B2. Firm Fixed Prices (FFP) __________________________________________________________________ 6

B3. Total Sum Allotted _____________________________________________________________________ 6

B4. Options ______________________________________________________________________________ 6

B5. Exercising of Options ___________________________________________________________________ 7

B6. Availability of Funds ____________________________________________________________________ 8

Section C - Description of Work _________________________________________________________ 9

C1. Standards of Performance _______________________________________________________________ 9

C2. Technical Reports ______________________________________________________________________ 9

C3. Conduct of Employees __________________________________________________________________ 9

C4. Statement of Work _____________________________________________________________________ 9

Section D - Packaging and Marking ____________________________________________________ 10

D1. Packaging and Marking ________________________________________________________________ 10

Section E - Inspection and Acceptance __________________________________________________ 11

E1. Inspection and Acceptance _____________________________________________________________ 11

Section F - Deliveries or Periods of Performance __________________________________________ 12

F1. Periods of Performance ________________________________________________________________ 12

Section G - Subcontract Administration Data _____________________________________________ 13

G1. Subcontract Administration ____________________________________________________________ 13

G2. Notification of Potential Changes _______________________________________________________ 13

G3. Invoices _____________________________________________________________________________ 14

G3.1 General Invoice Requirements _________________________________________________________ 14

G4. Payment Schedule ____________________________________________________________________ 15

G5. Closeout ____________________________________________________________________________ 15

Section H - Special Subcontract Requirements ____________________________________________ 16

H1. FRA Furnished U.S. Government Property _________________________________________________ 16

H2. Insurance ___________________________________________________________________________ 16

H3. Warranties __________________________________________________________________________ 16

H4. Intentionally Left Blank ________________________________________________________________ 16

H5. Supervision __________________________________________________________________________ 16

H6. Additional Requirements _______________________________________________________________ 16

H7. Additional Subcontract Terms for Work Performed at the Sanford Underground Research Facility ___ 16

Section I - Subcontract Clauses ________________________________________________________ 17

I. General Clauses ________________________________________________________________________ 17

Section J - List of Documents, Exhibits, and Other Attachments ______________________________ 18

J. Incorporated Documents ________________________________________________________________ 18

Section K – Representations and Certifications ___________________________________________ 19

Section L—Instructions, Conditions, and Notices to Offerors _________________________________ 20

L1. PROPOSAL RESPONSE AND DUE DATE AND TIME ____________________________________________ 20

L2. INQUIRIES AND QUESTIONS _____________________________________________________________ 20

L3. EXPLANATION TO PROSPECTIVE OFFERORS. ____________________________________________ 20

L.4 MINIMUM OFFER ACCEPTANCE PERIOD _______________________________________________ 21

L.5 EVALUATION OF PROPOSALS ________________________________________________________ 21

L.7 ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS _______________________________ 21

L.8 RESPONSIBLE OFFERORS ____________________________________________________________ 21

L.9 Reserved ________________________________________________________________________ 21

L.10 SUBMISSION OF PROPOSALS ________________________________________________________ 22

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

L.12 REQUIREMENTS FOR PROPOSAL _____________________________________________________ 22

L.13 CERTIFIED COST OR PRICING DATA ______________________________________________________ 23

L.14 EXCEPTIONS ________________________________________________________________________ 23

L.15 RELEASE OF CLAIMS, LIABLITY AND PREPARATION EXPENSES _________________________________ 23

L.16 AWARD OF SUBCONTRACT __________________________________________________________ 23

L.17 SUBCONTRACTING ___________________________________________________________________ 24

L.18 SUMMARY _______________________________________________________________________ 24

Section M—Evaluation Factors for Award _______________________________________________ 25

Subcontract Number TBD For LBNF Internal Cryogenics

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 Internal Cryogenics for the Long-Baseline Neutrino Facility (LBNF). The scope encompasses the engineering, manufacturing, packaging and delivery of the Internal Cryogenics piping systems for the first two of the LBNF cryostats to the project warehouse in the vicinity of the Sanford Underground Research Facility (SURF) in Lead, SD.

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.

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:

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.

Milestone Description Deliverable/Criteria for Completion Prices

01 Base Subcontract: Detailed Engineering of Internal Cryogenics for first two (2) LBNF Cryostats

FRA receipt and acceptance of all deliverables listed in Section 14 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: Internal Cryogenics for Cryostat 1

Milestone Description Deliverable/Criteria for Completion Prices

02 Production Readiness Review (Option 1 Manufacturing Phase)

Successful completion of Production Readiness Review and FRA release for manufacturing per Section 15 of the SOW.

03 Material Procurement for First Cryostat (Option 1)

Procure all materials to manufacture the internal cryogenics and supports for the first cryostat per the approved design per Section 15 of the SOW.

04 Manufacturing Phase of Internal Cryogenics for First Cryostat

Completion of the Manufacturing Phase of for cryostat #1 (excluding testing and delivery to SURF) and delivery of all documentation in accordance with Section 15 of the SOW.

05 In Situ Testing for cryostat 1 Successful completion of tests identified in Section 15 of the SOW for devices for cryostat #1.

06 Final delivery of devices for cryostat

Delivery of all materials and equipment for cryostat #1 to SURF in undamaged condition. Completion of FRA receipt inspection and acceptance.

Option #2: Internal Cryogenics for Cryostat #2:

Milestone Description Deliverable/Criteria for Completion Prices

07 Production Readiness Review (Option 2 Manufacturing Phase)

Successful completion of Production Readiness Review and FRA release for manufacturing per Section 15 of the SOW.

08 Material Procurement for Second Cryostat (Option 2)

Procure all materials to manufacture the internal cryogenics and supports for the first cryostat per the approved design per Section 15 of the SOW.

09 Manufacturing Phase of Internal Cryogenics for second Cryostat

Completion of the Manufacturing Phase of for cryostat #2 (excluding testing and delivery to SURF) and delivery of all documentation in accordance with Section 16 of the SOW.

10 In Situ Testing for cryostat 2 Successful completion of tests identified in Section 16 of the SOW for devices for cryostat #2.

11 Final delivery of devices for cryostat

Delivery of all materials and equipment for cryostat #2 to SURF in undamaged condition. Completion of FRA receipt inspection and acceptance.

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 Jun-2025

Option 2 Dec-2025

B6. Availability of Funds

Funds are not presently available for Milestones 2-11. FRA’s obligation under Milestones 2-11 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 Milestone 2 through Milestone 11 may arise until: (1) FRA exercises the applicable option; and (2) funds for a particular Milestone 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.

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.

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 under Section 11of 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

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. FRA, or its representative, shall perform QA/QC Delivery inspections upon receipt.

Section F - Deliveries or Periods of Performance

F1. Periods of Performance

Completion of services shall be in accordance with the following table:

Base Subcontract

Milestone Delivery Date

01 Date of award through (TBD) days after award

Option 1 (if exercised by FRA)

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

Option 2 (if exercised by FRA)

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 after award

10 Date of award through (TBD) days after award

11 Date of award through (TBD) days

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 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 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 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 is captured 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.

Section H - Special Subcontract Requirements

H1. FRA Furnished U.S. Government Property

FRA will not furnish any U.S. Government Property for use under this Subcontract.

H2. Insurance

The insurance requirements for this Subcontract are as shown in Attachment J-1.

H3. Warranties

Warranties under this Subcontract are as described in Attachment J-1.

H4. Intentionally Left Blank

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.

H7. Additional Subcontract Terms for Work Performed at the Sanford Underground Research Facility

“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.

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.

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 (Supplies) For purposes of J-1, “Fermilab,” and “Fermilab site” include SURF 03/2024

J-2 Reserved J-3 Reserved J-4 LBNF/DUNE-US Internal Cryogenics Statement of Work (SOW) 07/10/2024 J-5 Reserved J-6 Reserved 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 Reserved J-13 LBNF/DUNE-US Internal Cryogenics Project Schedule 07/16/2024

Section K – Representations and Certifications

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

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 September 27, 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 11, 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.

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 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 Reserved

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-357777-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 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: This section shall include relevant examples of products you have produced that are similar to those required by this solicitation. Each example should provide a description sufficiently detailed to demonstrate the offeror’s capabilities. Provide three (3) examples of work completed within the last 10 years. If more than three (3) examples are provided, FRA will evaluate the three (3) most relevant examples.

Proposal Format for Criterion 2: In this section, the Offeror should describe its approach to engineering, manufacturing, testing, and delivery of the Internal Cryogenics. This section should demonstrate your ability to meet the requirements of our Statement of Work. You should also include a proposed project schedule with the proposed durations for completion of each task.

Proposal Format for Criterion 3: This section shall include an uncontrolled copy of the offeror’s Corporate Quality Control Plan and a copy of any program certifications held by the offeror.

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.

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 that specifically responds to each evaluation factor per the proposal format requirements stated in Section L

Price/Contractual Proposal PUR-466 Proposal Certifications Form Subcontractor Annual Representations & Certifications (SARC) Subcontractor Corporate QA Plan Small Business Subcontracting Plan (if offeror is not a small business)

Section M—Evaluation Factors for Award

M1. Basis for Subcontract Award

1.1 FRA expects to award a Subcontract to an Offeror who is deemed responsible, whose proposal conforms to this solicitation’s requirements, and whose proposal is judged to represent the best value to

FRA.

1.2 FRA will use a Tradeoff source selection method. The best value is represented by the most advantageous proposal, price and other factors considered. Offerors are advised that a proposal meeting the solicitation requirements with the lowest evaluated price may not be selected if award to a higher evaluated price proposal is determined to be most advantageous to FRA.

1.3 FRA expects to award one Firm Fixed Price (FFP) subcontract as a result of this solicitation. However, FRA may reject any or all proposals and not make any award based on this solicitation. FRA may waive any informality or minor irregularity in proposal(s) received at its sole discretion.

1.4 FRA reserves the right to award without discussions with Offerors. Accordingly, Offerors should submit their best proposals.

M2. Technical Evaluation Factors

Each proposal shall be evaluated relative to the following factors. The evaluation factors are listed in descending order of importance. All evaluation factors other than cost or price, when combined, are of equal importance to cost or price.

1) Past Experience and Past Performance

Corporate past experience in the engineering, manufacturing, and delivery of equipment that is comparable to FRA requirements. At a minimum, the offeror shall demonstrate past experience pertaining to three (3) projects of similar scope and completed within the past ten (10) years. In addition, the level of performance achieved by the offeror on each past project will be considered.

2) Technical Merit of Offeror's Approach to accomplish the SOW.

FRA will evaluate the degree to which the offeror's proposal demonstrates its ability to meet or exceed the technical requirements for the Internal Cryogenics as defined in the Statement of Work. Evaluation under this factor includes, but is not limited to, the following key considerations:

- Engineering and manufacturing approach.

- Schedule for performance of the work.

3) Quality

- The degree to which the offeror's proposed QA plan demonstrates an ability to meet FRA requirements.

- Certification to an internationally recognized standard is preferred.

M3. EVALUATION PROCESS

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.