RFP LPTA SR Raft Alignment Systems and Load Levers MG_06152026.pdf

(12/12/25)

REQUEST FOR PROPOSAL (RFP) No.: MG-06152026

PROPOSAL DUE DATE: 07/09/2026

SR Raft Alignment Systems and Load Levers

North American Industry Classification System (NAICS) Code: 332999 This solicitation is a small business set-aside.

Procurement Point of Contact: Martha Gamarano Grausz Telephone No: (510) 486-6618 Email: mggrausz@lbl.gov

University of California, Manager and Operator of Lawrence Berkeley National Laboratory Request for Proposal No. MG-06152026

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory ("University" or "LBNL") requests a proposal for the supply and delivery of fabricated components required for the alignment system kits that are installed between the Storage Ring support plinths and the rafts, 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 Offeror Questions Due (see page 02) 07/09/2026, no later than 3:00 PM Pacific Time

Proposals Due 06/25/2026, no later than 3:00 PM Pacific Time

Table 1

This acquisition includes three work packages, as referenced in the Statement of Work (SOW) AL-1920- 2538-0565 Titled SOW SR ALIGNMENT SYSTEM 3 WKPKGS, Rev. A dated 06/03/2026. The offerors can submit proposals for all three work packages combined, or any combination of the three work packages, as described in the Statement of Work (SOW), AL-1920-2538, Titled SOW SR ALIGNMENT SYSTEM 3 WKPKGS, Rev. A dated 06/03/2026, Section 3 – Deliverables.

1.1 Estimated Term

The ordered items must be delivered per Statement of Work (SOW) AL-1920-2538-0565 Titled SOW SR ALIGNMENT SYSTEM 3 WKPKGS, Rev. A dated 06/03/2026, Section 3 – Deliverables

1.2 Notice of Small Business Set-Aside

Proposals are solicited exclusively from small business concerns, as that term is defined in the Federal Acquisition Regulation (FAR) Subpart 2.1. Any award(s) resulting from this solicitation will only be made to a small business concern. The University will accept offers from joint ventures or teaming arrangements with large business concerns.

Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall -

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

1.3 NAICS Code and Small Business Size Standard

The North American Industry Classification System (NAICS) Code for this acquisition is 332999, All Other Miscellaneous Fabricated Metal Product. The corresponding small business size standard for this acquisition is 750 or fewer employees.

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 number of employees.

2. SOLICITATION RESPONSE REQUIREMENTS AND EVALUATION FOR AWARD

2.1 General

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 (or other form of secure electronic submission) to the University Procurement Representative (mggrausz@lbl.gov) no later than 3:00 pm Pacific Time on 07/09/2026.

Additional contact information is referenced below:

Lawrence Berkeley National Laboratory Attention: Martha Gamarano Grausz Mail Stop 90R1121-PROC

RFP MG-06152026

One Cyclotron Road Berkeley, CA 94720

All correspondence in conjunction with this solicitation must be directed to the University Procurement Representative. Proposals shall be valid for a period of 90 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 Representative on or before 3:00 pm Pacific Time on 06/25/2026. Questions submitted after this date may not be answered prior to the proposal due date. Answers to questions that are submitted in a timely manner will be issued or 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(s) whose proposal(s) are determined to be technically acceptable and offer 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, the 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.

For those offerors that are determined to be technically acceptable, an 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, an 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, including Attachment A: Price Proposal Schedule. Offerors should submit these as separate documents. All proposals must be submitted in the following formats: MS Word, MS Excel, PDF, or an alternate format approved by the University Procurement Representative.

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.

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

Volume Criteria

Cover Letter Per Section 2.4.1

Technical Volume

Technical Evaluation Criteria

Criterion 1 - Ability to Meet Technical Requirements

Criterion 2 - Manufacturing Capabilities and Capacity (Including lower-tier subcontractor)

Criterion 3 - Delivery & Schedule

Criterion 4 - Prior Experience and Past Performance

Criterion 5 - Adequate Quality Management System or Quality Assurance Program

Business Volume

Non-Technical Evaluation Criteria

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

Price Proposal 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 proposal must describe its approach to fulfill the technical requirements of this project to successfully perform the Subcontract, including developing and performing according to a delivery schedule.

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 – Ability to Meet Technical Requirements

The technical proposal must demonstrate the Offeror’s ability to successfully meet the technical specifications set out in the Statement of Work (SOW), AL-1920-2538, Titled SOW SR ALIGNMENT SYSTEM 3 WKPKGS, Rev. A dated 06/03/2026, and drawings as listed.

The technical proposal must address the ability to meet the following requirements as outlined within Statement of Work, AL-1920-2538:

o Section 2 – Scope of Work o Section 3 – Deliverables o Section 5 – Packaging, Storage, and Shipping Requirements o Section 7 - Applicable Documents

Evaluation for Factor 1 is based on the extent to which the Offeror has provided evidence that all requirements can be met.

• Criterion 2 – Manufacturing Capabilities and Capacity (Including lower-tier subcontractor) – (Only Applicable to Work Packages 1 and 2)

The offeror must provide a plan to successfully demonstrate the offeror’s resources and project management support that is adequate to deliver the work package components on schedule, using a quality-controlled manufacturing process, and include adequate procurement capabilities, fabrication facilities, and testing facilities to execute the subcontract. The offeror will also provide a synopsis of its experience in working together with its lower-tier subcontractors, if applicable.

The Offeror must also meet the following:

a) Possess and maintain a mechanical Coordinate Measurement Machine (CMM) or equivalent calibrated device

b) All Subcontractors and subcontracted equipment, if any, are identified;

c) Documentation of equipment specifications, including measurement envelope size and accuracy, calibration records, and photographs, is provided (required; must include Subcontracted equipment, if used).

Evaluation for Factor 2 is based on the extent to which the Offeror has provided evidence that the CMM or equivalent calibrated device is sufficient to achieve drawing measurement requirements and will be available for use.

• Criterion 3 - Delivery & Schedule

The offeror must submit a delivery schedule that addresses all requirements contained in Statement of Work (SOW) AL-1920-2538, Titled SOW SR ALIGNMENT SYSTEM 3 WKPKGS, Rev. A dated 06/03/2026; including but not limited to the following section of the SOW:

o Section 3 – Deliverables

The offeror’s documentation must include, but not be limited to, the following:

1) Proposed lead times and the ability to meet the projected delivery schedule

2) Proposed carrier and estimate of total shipping costs

3) Firm, calendar delivery dates

Evaluation of Factor 3 is based on an acceptable delivery & schedule that meets project requirements.

• Criterion 4 – Prior Experience and Past Performance

The offeror must have successfully performed within the last 3 years, contracts similar in type and complexity to the proposed Subcontract.

The Offeror must demonstrate applicable experience by providing:

o Identification and age or length of use of the Inventory Management System (IMS) and Enterprise Risk Management (ERM) o A description of at least two contracts within the last three years of successful performance of work similar in scope and type, including kitting and inventory management o Letters of reference, project documentation, examples of challenges encountered and overcome, and corrective actions taken to demonstrate quality work o Contact information for a reference for one of the described projects (name, title, telephone number, and/or email address).

Evaluation of Factor 4 is based on the supporting evidence submitted that demonstrates recent and relevant experience, including work that requires inventory management and kitting.

• Criterion 5 – Adequate Quality Management System or Quality Assurance Program The technical proposal must demonstrate the Offeror’s ability to successfully meet the quality assurance requirements per the Statement of Work (SOW), AL-1920-2538, Titled SOW SR ALIGNMENT SYSTEM 3 WKPKGS, Rev. A dated 06/03/2026, Section 6 – Quality Assurance.

As part of the request for proposal (RFP) process, the Offeror must complete the ALS-U Supplier Quality Evaluation Survey AL-1208-0209.

The survey requires that the following be submitted:

a) Evidence of a Quality Management System (QMS) or Quality Assurance (QA)/Quality Control (QC) Program in the form of a manual or QA Standard Operating Procedures (SOPs);

b) The evidence must include policies, processes, and work activities at the corporate level, including how QA requirements are flowed to lower-tier subcontractors and suppliers at the project level.

c) A sample or template of a manufacturing traveler or similar tracking documentation that demonstrates how their manufacturing process is tracked and QA/QC processes are implemented.

Evaluation of Factor 5 is based on completion of the ALS-U Supplier Quality Evaluation Survey and the extent to which responses address the QA requirements of this RFP.

2.4.2.1 Technical Enclosures

The Offeror must complete the following enclosures and submit them with the technical volume:

• AL-1208-0209 ALS-U supplier quality evaluation survey, Rev. C, Dated 03/25/2024

• Past Performance Reference Information Form, Attachment B

2.4.3 Business Volume

2.4.3.1 Non-Technical Evaluation Criteria

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

2.4.3.1.1 Enclosures

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

• Representations & Certifications

• Cost Proposal Schedule Attachment A – Offeror must propose a milestone payment schedule with their offer for consideration/negotiation if milestone payments are desired.

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

• Sample Subcontract and its Incorporated Documents

• General Provisions for Commercial Supplies and Services (Domestic), Dated 12/12/2025

Notice: The design/documentation package and all associated documents, drawings, and records are owned by DOE. Documents may be obtained from LBNL via the Windchill Project portal. Use of the documents for any purpose outside of (1) responding to this solicitation or (2) a LBNL fabrication subcontract is strictly prohibited. No document may be distributed to others or otherwise reproduced or used without written permission from the LBNL University Procurement Representative.

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, an award will not be made to otherwise successful offerors.

2.4.3.2.3 Price Proposal

The price proposal must include a total firm fixed price (Including Options for Work Packages 1,2 &

3) and a completed Price Schedule.

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 the 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 the 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 their 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 costs, 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 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.

3.4 Sustainability-Related Requirements

LBNL’s Sustainable Acquisition Program (SAP) is subject to several interacting initiatives and Federal, DOE, State, and University requirements related to sustainability, including, but not limited to:

• Recycled Content Products (EPA Comprehensive Procurement Guidelines/Designated Products);

• Biobased Products (USDA BioPreferred®);

• Energy Efficient Products (DOE FEMP, FEMP Low Standby Power, and EPA EnergyStar®);

• EPA Significant New Alternatives Policy (SNAP) Program Greenhouse Gas Emission Reduction and Non-Ozone Depleting Alternative Products;

• Waste Reduction; and

• the California In-Use Off-Road Diesel-Fueled Fleets Regulation.

The selected offeror must deliver products and services in compliance with the Environmentally Preferable Products and Services (EPP) article of the Sample Subcontract, which implements the requirements of DEAR 952.223-78, Sustainable Acquisition Program, as well as other federal- and state-mandated sustainability requirements.

As part of this requirement, the Subcontractor must report on biobased products being provided.

Offerors are strongly encouraged to perform market research on current federal requirements for environmentally preferable products and services and to consult the General Services Administration (GSA)’s information on statutory program requirements that apply to federal procurement of products and services.

LBNL is required to comply with UC policy on sustainable procurement to the extent to which they do not conflict with requirements in the Prime Contract with DOE. The UC policy prioritizes waste reduction in the following order: reduce, reuse, and then recycle. Accordingly, subcontractors and vendors must first reduce unnecessary purchasing and then prioritize purchasing surplus or multiple-use products before purchasing recyclable or compostable products in accordance with the EPP article of the Sample Subcontract. UC Policy also sets forth requirements for:

• Packaging,

• A ban on foam and single-use plastic food service and other product packaging, and

• E-Waste recycling is not addressed in the Federal requirements.

The California In-Use Off-Road Diesel-Fueled Fleets Regulation requires in-use off-road diesel-fueled fleet owners to report off-road diesel vehicle inventories and actions taken to reduce vehicle emissions to the California Air Resources Board (CARB). LBNL is required to obtain certificates from potential subcontractors and vendors using or offering equipment or fleets exceeding 25 total horsepower (HP), demonstrating compliance for Laboratory-related work in the State of California prior to award. A fleet is defined as one or more vehicles collectively exceeding 25 HP.

https://www.gsa.gov/governmentwide-initiatives/federal-highperformance-buildings/highperformance-building-clearinghouse/procurement https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.energy.gov/femp/search-energy-efficient-products https://www.energy.gov/femp/low-standby-power-product-purchasing-requirements-and-compliance-resources https://www.energystar.gov/products https://www.epa.gov/snap https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation https://www.gsa.gov/governmentwide-initiatives/federal-highperformance-buildings/highperformance-building-clearinghouse/procurement https://www.gsa.gov/governmentwide-initiatives/federal-highperformance-buildings/highperformance-building-clearinghouse/procurement https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation

By submitting a proposal, offerors acknowledge the SAP and reporting requirements included in the Environmentally Preferable Products and/or Services article and General Provisions of the sample subcontract.

3.5 Tariffs

It should be noted that if the proposed item(s) are of foreign origin and incur tariff costs upon importation, the University wishes to be the shipping importer of record and will seek reimbursement for such tariff costs under the U.S. Department of Commerce International Trade Administration, U.S. Department of Homeland Security U.S. Customs and Border Protection, Request for Duty Free Entry of Scientific Instruments or Apparatus (ITA-338P) Process in accordance with 15 CFR 301. Such a process requires a Package of multiple documents, to include the Offeror’s original proposal, to be submitted to support the University’s claim that such items are scientific instruments, be afforded duty-free entry, and previously paid tariff payments be reimbursed. If the Offeror objects to the distribution of its original proposal to the Government as part of the ITA-338P Package, the Offeror shall specifically state such in its proposal response.

3.6 Brand Name or Equal

If an item in this solicitation is identified by a brand name, such identification is intended to be descriptive, but not restrictive, and is to indicate the characteristics and level of quality that will satisfy the University’s requirements.

Unless the offeror clearly indicates in its offer that the item being offered is an equal product, the offeror shall provide the brand-name item referenced in the solicitation. To be considered for an award, offers of equal items, including equal items of the brand-name manufacturer, must:

1. Meet the salient physical, functional, or performance characteristic specified in this solicitation;

2. Clearly identify the item by brand name, if any, and make or model number;

3. Include descriptive literature such as illustrations, drawings, or a clear reference to descriptive data or information reasonably available; and

4. Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

The University will evaluate offers of equal items on the basis of information furnished by the offeror or identified in the offer and reasonably available. The University is not responsible for locating or obtaining any information not identified in the offer.

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. Additionally, under the Clayton Act, 15 15 U.S.C. §§ 12–27, 44, civil antitrust claimants may seek civil recovery of up to three times the amount of damages suffered (plus costs of suit and reasonable attorney’s fees) for violations of the Sherman Act, including, but not limited to, bid-rigging and price-fixing conspiracies.

(END OF RFP DOCUMENT)