RFP-LBNL_9-18-23.pdf

(9/8/23)

REQUEST FOR PROPOSAL (RFP) No.: LBNL 9-18-23

PROPOSAL DUE DATE: 11/15/2023

North American Industry Classification System (NAICS) Code: 532120

Procurement Point of Contact: Ron Rodrigues, or Steve Fisher Telephone No: (510) 486-7949, or (510)-486-6067 Email: rsrodrigues@lbl.gov, or SFisher@lbl.gov mailto:rsrodrigues@lbl.gov mailto:SFisher@lbl.gov

University of California, Manager and Operator of Lawrence Berkeley National Laboratory Request for Proposal No. LBNL 9-18-23

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory ("University" or "LBNL") requests a proposal for a Leased Type 1 Fire Engine and a Leased Type 5 Fire Engine, in accordance with this RFP, Sample Subcontract, and other enclosures.

This solicitation is governed by procurement policies and procedures established under the University’s Prime Contract No. DE-AC02-05CH11231 with the U.S. Government, represented by the Department of Energy (DOE), for management and operation of LBNL. Proposals submitted will be treated as offers and any resulting award(s) will be a Subcontract under the University’s Prime Contract.

Timeline of Events Pre-Proposal Conference (see page 1) 10/26/23 Offeror Questions Due (see page 2) 10/30/23 Proposals Due 11/15/23, no later than 5:00 PM Pacific Time

Table 1 This acquisition is for the leasing of a Type 1 Fire Engine and a Type 5 fire engine.

1.1 Estimated Term

It is expected the Subcontract will be performed over a period of 48 months.

1.2 NAICS Code and Small Business Size Standard

The North American Industry Classification System (NAICS) Code for this acquisition is 532120, Truck, Utility Trailer, and Recreational Vehicle Rental and Leasing. The corresponding small business size standard for this acquisition is annual receipts of $47 million. Annual receipts are to be based on the average annual gross revenue for the past three fiscal years.

The offeror shall complete the Small Business Program Representations clause in the attached Representations and Certifications form based on this small business size standard. Refer to Subpart 19.1

- Size Standards of the Federal Acquisition Regulation (FAR) for information on calculating the annual average gross revenue.

1.4 Pre-Proposal Conference

The University intends to conduct a pre-proposal conference (on Zoom) on 10/26/23 at 10:00 AM PST.

The University will clarify information about the project which should be of interest to all offerors. All potential offerors are invited to attend. The Zoom meeting link for the pre-proposal conference is https://lbnl.zoom.us/j/93067700708?pwd=cDVDVU5zS3Zia0dIVTBlNThpb2gwdz09 Meeting ID: 930 6770 0708 Passcode: 101216

2. SOLICITATION RESPONSE REQUIREMENTS AND EVALUATION FOR AWARD

2.1 General

https://www.google.com/url?q=https://lbnl.zoom.us/j/93067700708?pwd%3DcDVDVU5zS3Zia0dIVTBlNThpb2gwdz09&sa=D&source=calendar&ust=1696269220269738&usg=AOvVaw08r4XhearRB4ja1lMGufkF

The offeror must submit documentation illustrating their approach for satisfying the requirements of this solicitation. Failure to submit any of the information required by this solicitation may be cause for unfavorable consideration or exclusion from further consideration. Proposals must be written in English and be clear, coherent, and prepared in sufficient detail for effective evaluation.

Written proposals must be submitted by email to the University Procurement Representatives RSRodrigues@lbl.gov and SFisher@lbl.gov no later than 5:00 PM Pacific Time on 11/15/23.

All correspondence in conjunction with this solicitation must be directed to the University Procurement Representative. Proposals shall be valid for a period of 120 days from the proposal due date. Acceptance of late proposals will be at the University’s sole discretion. The University reserves the right to reject any proposals, to waive any minor irregularities in any proposal, or to cancel this RFP at any time prior to award without cost to the University. The University will not directly reimburse any organization for any proposal preparation or any other costs related to this RFP.

2.2 Offerors’ Questions

The University will respond to questions submitted in writing to the University Procurement Representatives (RSRodrigues@lbl.gov and SFisher@lbl.gov) on or before 5:00 pm Pacific Time on 10/30/23. Questions submitted after this date may not be answered prior to the proposal due date. Answers to questions that are submitted timely will be issued or be made available to all offerors electronically, ensuring that the identity of all offerors will remain anonymous.

2.3 Evaluation and Selection

The University intends to select the responsive, responsible offeror whose proposal is determined to be technically acceptable and offers the lowest evaluated price. A responsive offeror is one whose proposal satisfies the requirements of this RFP, including the requirements of the Sample Subcontract and its incorporated documents. A responsible offeror is one that has adequate financial resources, ability to comply with the performance schedule, has a satisfactory performance record, has the necessary technical skills to be considered capable of performing and is otherwise eligible and qualified to perform the proposed Subcontract at the time of award. An offeror cannot be determined as “responsible” if it is currently ineligible for receiving new federal government prime contracts or subcontracts.

An initial review of offers will be performed by the Procurement Specialist to determine if the offer is complete and provides all the required information to enable the University to evaluate the offer to determine if it is responsive. The determination of responsiveness and responsibility of complete offers will be made by a team consisting of technical and procurement personnel and considering the evaluation criteria described in Section 2.4, below.

Offerors may be contacted only for clarification purposes during the initial review. Incomplete offers may be considered non-responsive and may be excluded from further consideration if the omissions are substantive (e.g., one or more required documents not submitted, one or more evaluation criteria not addressed). Offerors will be notified when appropriate in the interest of fair business practice and professional courtesy if their offer was determined non-responsive and/or not meeting minimum requirements and the reasons for rejection will be provided if a debrief is requested.

mailto:RSRodrigues@lbl.gov mailto:RSRodrigues@lbl.gov mailto:SFisher@lbl.gov

For those offerors which are determined to be technically acceptable, award will be made to that offeror with the lowest overall price. While the University will strive for maximum objectivity, the technical go/no go process, by its nature, is subjective; therefore, professional judgment is implicit throughout the evaluation process. Offerors, therefore, must demonstrate that they meet or exceed the requirements of the Sample Subcontract.

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

If the University determines that revised proposals are necessary, the University may solicit them from only those offerors deemed by the University (based upon evaluation of the current proposal) to have a reasonable chance to be selected for award. The University reserves the right to make no awards, a single award, or multiple awards as a result of this solicitation, if it is in the best interest of the University.

2.4 Proposal Submittal Requirements

The proposal should consist of a cover letter, technical volume, and a business volume. Offerors should submit these as separate documents.

The offeror may submit an alternate proposal to address the objectives of the Statement of Work and/or Specifications, if considered more advantageous to the University than the requested proposal. An explanation of the perceived benefits to the University should be included. If accepted, alternative proposals will be evaluated in accordance with the evaluation criteria as described in Section 2.4.2 below.

When performing onsite work, vendors and subcontractors are required to comply with the Cal/OSHA COVID-19 Prevention Non-Emergency Regulations, at a minimum. In addition, the "COVID-19 Safety Protocols for Subcontractors and Vendors" outline the most current onsite requirements at LBNL. These protocols are found on the LBNL COVID-19 website. With these requirements in mind, combined with the COVID-19 policies being implemented in various locations globally, please provide in your response to this solicitation any information regarding potential delays or challenges the offeror may foresee in the performance of the work pursuant to this solicitation. This includes information regarding delays or interruptions in supply chain pipelines that could affect the proposed delivery date(s) for shipments to LBNL. Provide a committed delivery date and include any issues, concerns, or Subcontractor dependencies that could create an impact on meeting that date. If no such impacts are foreseeable, please indicate as such in your proposal.

Please submit the following items with your proposal. Please note an explanation of each item is provided after the table below.

Volume Criteria

Cover Letter Per Section 2.4.1 https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ https://drive.google.com/file/d/11STNGyRi1fzHSs-c5yvBCmw2Gggez9P5/view https://drive.google.com/file/d/11STNGyRi1fzHSs-c5yvBCmw2Gggez9P5/view http://covid.lbl.gov/

Volume Criteria

Technical Volume

Technical Evaluation Criteria

Criterion 1 – The Fire Engines must meet required specifications.

Criterion 2 – The Fire Engines should be delivered to LBNL in 120 calendar days or less after receipt of subcontract award.

Criterion 3 – Fire Engine Maintenance Program.

Criterion 4 - Past Performance (Offerors References Form).

Criterion 5 – Training.

Business Volume

Non-Technical Evaluation Criteria

Enclosures Offeror’s Acceptance of the terms, conditions, general provisions, and other incorporated documents of the Sample Subcontract

Financial Resources

Price Proposal (Offerors Pricing) Table 2

2.4.1 Cover Letter

The cover letter must identify the offeror’s name and address, solicitation number and title, the name(s), title(s), email address(es), and telephone number(s) of the individuals in offeror’s organization who have commitment authority on behalf of the offeror and will be responsible for contractual negotiations and administration of any resultant Subcontract.

2.4.2 Technical Volume

The technical volume should contain a comprehensive discussion of how the offeror will fulfill the technical requirements and successfully perform the Subcontract, including:

• A delivery schedule, highlighting any aspects that separate it from its competitors. The University requires delivery by 120 days or less after receipt of subcontract award. An alternate delivery date may be proposed which may be subject to negotiation prior to award.

• A detailed description of the proposed Type 1 Fire Engine and Type 5 Fire Engine. Include available technical specification and brochure information.

The University will evaluate the offeror’s technical acceptability and capability to successfully perform the requirements of the Subcontract. In order to be considered technically acceptable, an offeror’s technical proposal must pass all technical criteria listed below, and failure to meet any one criterion will deem the entire proposal technically unacceptable. The possible proposal ratings are Pass (meets or exceeds requirements) or Fail (does not meet requirements).

The technical volume must demonstrate that the following acceptability standards are met or exceeded:

• Criterion 1 – The Type 1 and Type 5 Fire Engines must meet required specifications.

The offeror must for the Type 1 Fire Engine:

Provide a Leased Type 1 Fire Engine to be used for structural fire response, emergency medical services, and initial rescue response. The apparatus must meet the minimums of Type 1 fire engine as defined by the National Wildfire Coordinating Group or equivalent, must not be greater than 15 years old, and must meet the below specifications. These specifications are required due to Berkeley Lab’s geography and fire response needs to support the execution of LBNL requirements including dispatch time, turn out time, and response times.

Fire suppression capability:

Water tank, minimum of 500-gallon capacity Fire pump with operating pressures:

o minimum of 1,500 GPM at 150 PSI o minimum of 750 GPM at 250 PSI

Fire hose minimums:

o 1-inch hose, 300 feet o 2.5-inch hose, 800 feet o 1.75-inch hose, 800 feet o 5 in hose, 800 feet o 1.5-inch hose, single jacket, 400 feet

Foam System capable of 150 psi and, o 100 GPM at 3% foam o 300 GPM at 1% foam o 600 GPM at .5% foam

Equipment minimums:

Ladders meeting NFPA 1931 standards or demonstrated equivalency:

o 24-foot wood extension ladder o 14-foot wood roof ladder o 10-foot wood attic ladder

Two pike poles at 6 feet and 10 feet PVC hard suction hose, 10 feet Rubbish hook Cab air conditioning and heating, with defroster capability Inverter rated at 825 watts Seating for a minimum of four personnel Shore tie receptacle with auto eject for 120V, 20A service

Exhaust exit on right side of apparatus

Safety equipment:

Vehicle Data Recorder capable of storing vehicle information to include:

o Time and date o Engine parameters (e.g., Engine RPM, throttle position) o Vehicle speed o Seat belt buckle status o Acceleration and deceleration velocities

Intercom system for four positions inside cabin with:

o Radio integration for driver and officer o Radio monitor and intercom for other occupants

Back up camera system with alarm Siren system Airhorn system Flashing warning lights that conform to California Title 13

Physical dimensions, not to exceed:

Maximum overall length of 35 feet Maximum overall height of 14 feet Maximum overall width of 100 inches

Due to the unique topography and tight turns required to navigate the LBNL site, turning performance must not exceed:

Wall to Wall turning radius of 33 feet Curb to Curb turning radius of 30 feet

Additionally, due to steep inclines at the LBNL site, the apparatus must have a combination of engine power, tire/wheel size and, rear axle gearing conducive to safe operations at rated maximum gross vehicle weight.

The offeror must include in its proposal detailed Original Equipment Manufacturer documentation that shows the Type 1 Fire Engine meets required specifications.

The offeror must for the Type 5 Fire Engine:

Provide a Leased Type 5 Wildland Engine (Patrol) to be used for initial attack of wildland fire response and acts as a support platform for structural fire and rescue response. The apparatus must meet the minimums of a Type 5 fire engine as defined by the National Wildfire Coordinating Group or equivalent, must not be greater than 10 years old, and must meet the below specifications. These specifications are required due to Berkeley Lab’s geography and fire response needs to support the execution of LBNL requirements including dispatch time, turn out time, and response times.

Chasse specifications:

• Four door F-550 Chassis or equivalent with seating for four

• Four-wheel drive system with dual rear wheels

• Limited slip rear differential

• Diesel powered

• Front bumper that protects front grille and has a skid plate

• Front mounted winch with 12,000lb or great capacity, 12V

Fire suppression capability:

• Water tank, minimum of 400-gallon capacity

• Fire pump with “pump and roll” capability with diesel engine

• Fire pump with operating pressures:

o minimum of 150 GPM at 50 PSI o minimum of 50 GPM at 300 PSI

• Fire pump must be plumbed to front discharge manifold

• Fire pump must be plumbed to support .75” and 2.5” hose at rear

• Ground sweep discharges at the front bumper

• Fire hose minimums: 2 hose reels with 100 feet of .75” hose

• Foam System capable of 200 psi with selectable proportioning rates and flow meter

Equipment minimums:

• Stokes basket or equivalent

• Shore tie receptacle with auto eject for 120V, 20A service

• Appropriate scene and work lighting to safely operate in low light conditions

• Back up alarm

• Siren system

• Flashing warning lights that conform to California Title 13

The offeror must include in its proposal detailed Original Equipment Manufacturer documentation that shows the Type 5 Fire Engine meets required specifications.

• Criterion 2 – Acceptable Delivery Date The offeror must propose an acceptable lead time for delivery of the Type 1 Fire Engine and Type 5 Fire Engine after the Subcontract is awarded.

The proposal must identify the proposed lead time for delivery.

A delivery date within 120 calendar days or less after subcontract award is desired.

• Criterion 3 – Type 1 Fire Engine and Type 5 Fire Engine Maintenance Program The subcontractor must provide to LBNL a fully operational Type 1 and Type 5 Fire Engine onsite at LBNL 24 hours per day, 365 days per year. The Subcontractor will perform all of the required onsite and offsite Fire Engine maintenance. Onsite maintenance is maintenance that the subcontractor performs that does not require the Fire Engine to be out of service, and does not result in any degradation of immediate emergency service response. Offsite maintenance is maintenance that the subcontractor performs that requires the Fire Engine to be out of service. The subcontractor must perform all of the Fire Engine offsite maintenance at the subcontractor’s facilities. When the subcontractor is performing offsite Fire Engine maintenance, the Subcontractor must provide a replacement, onsite Fire Engine in kind, that has the same performance specifications. For offsite maintenance, an onsite replacement Fire Engine must be provided within 2 hours or less after the Fire Engine is taken out of service The offeror must include in its proposal a written description of how the Fire Engine Maintenance Program will meet requirements. The description should include how the onsite and offsite maintenance program will be performed and how the in-kind fire engine, for offsite maintenance periods, will meet requirements.

• Criterion 4 – Past Performance The offeror must have successfully performed within the last three years contracts similar in type and complexity as the proposed Subcontract.

The offeror must include in its proposal a written description, in the Offerors References Form, of three contracts within the last three years that demonstrate that the offeror has successfully performed similar work in a quality manner (e.g., letters of reference, project documentation, etc.).

Included in the description of these contracts should be the client/customer technical and business contact information (name, title, telephone number, and/or email address).

• Criterion 5 – Training Upon delivery of the Type 5 Fire Engine and Type 1 Fire Engine to LBNL, the Offeror must provide training that covers each shift, within the first week of delivery, for the firefighters working at LBNL.

The training will be provided in-person at LBNL.

The offeror must include in its proposal a detailed written description of how the training will cover the operating of all systems on the Fire Engine, and how the training will be conducted by an OEM trained instructor.

2.4.3 Business Volume

2.4.3.1 Enclosures

The offeror must complete the following enclosures and submit them with the business volume:

• Offerors Pricing

• Representations & Certifications

• Past Performance Response Form (Offerors Reference Form)

The following enclosures are provided for informational purposes and do not need to be returned with the proposal:

• Sample Subcontract and its Incorporated Documents including General Provisions for Equipment Lease, dated 12/22/22.

2.4.3.2 Non-Technical Evaluation Criteria

The following non-technical criteria will also be evaluated as a part of the negotiation and award process.

2.4.3.2.1 Offeror’s Acceptance of Terms and Conditions

Offeror’s Acceptance of the terms, conditions, general provisions, and other incorporated documents of the Sample Subcontract.

The offeror should accept the terms, conditions, general provisions, and other incorporated documents of the Sample Subcontract, including the requirement to include clauses in its lower-tier subcontracts at any tier, to the extent applicable. The terms and conditions of the Sample Subcontract have been approved by the DOE, and it is not the University’s intent to make material changes. While an offeror may identify “exceptions” to the Sample Subcontract, such exceptions may reflect unfavorably upon the offeror’s proposal. Exceptions make it difficult to compare competing offers, and the process of resolving exceptions may be time-consuming and result in unacceptable delays in the award of a Subcontract.

The offeror should include in its proposal a statement that the offeror takes no exceptions to the terms, conditions, general provisions, or the incorporated documents of the Sample Subcontract. The offeror should include in its request for consideration of exceptions a redlined version of the Sample Subcontract with all proposed revisions indicated by tracked changes, or a separate sheet with all proposed revisions indicated by tracked changes, referencing the article or clause to which the proposed revision applies. The offeror must also include in its request for consideration of any exception, a business case for that exception, providing a justification for the requested change and an analysis of any increased risk to the University.

The University will attempt to resolve exceptions in a timely manner through an iterative process and with review, concurrence, and/or approval of both the University and DOE. However, offerors are advised that when exceptions cannot be resolved and agreement cannot be reached on terms and conditions, award will not be made to otherwise successful offerors.

2.4.3.2.2 Financial Resources

The offeror should have adequate financial resources to perform the resulting Subcontract, or the ability to obtain them.

The proposal should describe the offeror’s current financial condition and its financial ability to fully support performance of the proposed Subcontract. The University reserves the right to request the offeror’s financial statements or additional financial information regarding the offeror’s financial resources.

Information may include an independent CPA-audited or reviewed year-end financial statements for the last two fiscal years in the form of balance sheets, income statements, and statements of cash flow, and include information on any commitments or explicit arrangements that will be relied on to acquire the needed facilities, equipment, other resources, or personnel.

2.4.3.2. 3 Price Proposal The price proposal must include a total firm fixed price and a completed Price Schedule (Offerors Pricing).

3. SOLICITATION PROVISIONS

3.1 Restriction on Disclosure and Use of Proposal Data.

The University will safeguard any commercial or financial data or information contained in proposals when marked in accordance with paragraph (e) of Federal Acquisition Regulation clause 52.215-1. Such data or information includes (i) trade secrets or (ii) commercial or financial information which is privileged or considered business confidential, either of which is developed at private expense.

The University will endeavor to properly maintain such data and information to the same degree as its own data and information and not disclose such data or information to individuals other than those working for the University or the Government on this procurement. These individuals will be bound by an obligation of confidentiality to use such data or information solely for the purpose of evaluation of the proposal. Proposals received will be retained and disposed of in accordance with requirements in the University’s Prime Contract with DOE.

If the offeror intends to use a product or process for which there is a patent position, the proposal should so indicate and list patent applications and/or patents granted (including dates, numbers, and descriptions), and whether the Government has rights related to the patents.

3.2 Export Control Classification Information

Before Subcontract award, the offeror will provide export control classification information for all items as required by the Representations and Certifications. Items may not be accepted without the export control information required by this Request for Proposal.

If any of the ordered items (including data, software, or services) are export controlled under the International Traffic in Arms Regulations (22 CFR Sections 120-130, aka "ITAR"); the Export Administration Regulations (15 CFR Sections 730-774, aka "EAR"); the Nuclear Related Regulations (10 CFR 110 and 10 CFR 810); the Foreign Assets Control Regulations (31 CFR section 500-599, aka "OFAC"); or if sourced internationally, i.e., controlled under a country's equivalent dual use or military strategic goods list, then the Subcontractor agrees to provide the Procurement Representative with written notification of this export controlled status prior to shipment or transfer to the University. The notification must specifically identify the export-controlled item(s) and its export classification. The University reserves the right to cancel or modify any part of the Subcontract that includes export-controlled items, data, software, or services prior to accepting delivery. Subcontractor shall indemnify the University and the Government for all export enforcement mitigation cost, fines, or penalties incurred by the University, specifically arising from Subcontractor's failure to comply with this notification provision and the University's reliance on the Subcontractor's representation as provided.

3.3 Funding Availability

Funding for all of the items described in the attached Sample Subcontract is not currently available. The University anticipates that additional funding will become available to allow the selected offeror to perform continuously until completion.

3.4 System for Award Management (SAM)

The selected offeror will be required to be registered in the federal government’s SAM database within 30 days of Subcontract award. This requirement will not apply if work is performed outside the U.S. and its outlying areas or the work involves emergency operations. Refer to the System for Award Management (FAR Clause 52.204-7) and System for Award Management Maintenance (FAR clause 52.204-13) clauses for additional information.

3.5 Buy American Act Requirements - Supplies

The General Provisions of the Sample Subcontract include FAR Clause 52.225-1, Buy American Act - Supplies, which requires that only domestic end products be delivered (i.e., products manufactured in the United States or unmanufactured products mined or produced in the United States), unless a specific exception applies. The offeror is to indicate in the Representations & Certifications form, to be submitted with the proposal, whether it proposes to furnish any foreign end products.

The University may apply an exception to the Buy American Act for a proposed foreign end product if:

1. Its price, including any customs duty, is more than 20% less than the price for a comparable domestic product available from a large business concern, or more than 30% less than the price for a comparable domestic product available from a small business concern; or

2. A comparable domestic product is not commercially available in sufficient quantities of a satisfactory quality.

If the offeror proposes to furnish any foreign end product, the proposal should also include information and data supporting its use as an exception to the Buy American Act. Refer to FAR Clause 52.225-1 for the definition of end product, domestic end product, and foreign end product.

3.6 Ensuring Adequate COVID-19 Safety Protocols

Any Subcontract awarded as a result of this solicitation will include FAR 52.223-99 ENSURING

ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)

(DEVIATION), this clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

Enforcement of FAR 52.223-99 is currently enjoined by a federal court. Therefore, compliance with this clause is not currently required. However, should the federal injunction be lifted in the future, this clause will be applicable and enforceable, and prompt compliance will be required.

3.7 Notice of Sherman Antitrust Act – Federal Antitrust Enforcement This solicitation is subject to the Sherman Antitrust Act which prohibits agreements among competitors to fix prices, rig bids, or engage in other anticompetitive activity. Criminal prosecution of Sherman Act violations is the responsibility of the Antitrust Division of the United States Department of Justice.

Violation of the Sherman Act is a felony punishable by up to 10 years imprisonment and a $1 million fine for individuals and a fine of up to $100 million for corporations. In addition, collusion among competitors may also involve violations of the mail or wire fraud statute, the false statements statute, or other federal felony statutes, all of which the Antitrust Division prosecutes.

In addition to receiving a criminal sentence, a corporation or individual convicted of a Sherman Act violation may be ordered to make restitution to the victims for all overcharges. Victims of bid-rigging and price-fixing conspiracies also may seek civil recovery of up to three times the amount of damages suffered.

(END OF RFP DOCUMENT)