RFP No 2-B157-P-00363-00 PDF.pdf

RFP No. 2-B157-P-00363-00

RESTRICTIVE NOTICE

THE DRAWINGS AND SPECIFICATIONS INCLUDED IN THIS SOLICITATION ARE THE PROPERTY OF UCHICAGO ARGONNE, LLC AND MAY ONLY BE FOR THE EXPRESS PURPOSE OF PREPARING A RESPONSE TO THIS SOLICITATION. FURTHER DISSEMINATION OF DRAWINGS AND SPECIFICATIONS OTHER THAN TO POTENTIAL INDIVIDUAL SUBCONTRACTORS AND/OR SUPPLIERS IS PROHIBITED, AND MAY SUBJECT THE DISSEMINATOR TO CIVIL PENALTIES. THIS NOTICE SHALL BE MADE KNOWN TO AND BE APPLICABLE TO ALL POTENTIAL INDIVIDUAL SUBCONTRACTORS AND/OR SUPPLIERS. DRAWINGS AND SPECIFICATIONS MAY NOT BE PLACED ON THE INTERNET

WITHOUT THE PRIOR WRITTEN PERMISSION OF UCHICAGO ARGONNE, LLC.

August 5, 2022

To All Prospective Offerors:

Subject: Request for Proposal (RFP) No. 2-B157-P-00363-00 Accelerator Removal and Installation for APS-U Project

UChicago Argonne LLC (“Argonne” or “Laboratory”) under a Prime Contract No. DE-AC02-06CH11357 with the U.S. Department of Energy (DOE), has a requirement for Accelerator Removal and Installation for APS- Upgrade (APS-U) Project. With this Request for Proposal (RFP), you are invited to furnish a firm fixed-price proposal(s) for this requirement.

All work is to be performed in accordance with the following two (2) Statement of Works (SOWs) Appendix C, SOW-1 entitled “Storage Ring and Mezzanine Removal and Transport” Revision 0, dated 09/02/2022 and SOW- 2 entitled “APS-U Installation Period”, Revision 0, dated 09/02/2022 (Enclosure No. 1.D.).

For your company’s information and use in preparing your proposal(s), we are providing you with the following applicable provisions.

1. DESCRIPTION AND LOCATION OF WORK

This RFP consists of 2 separate SOWs which provides the opportunity for you to submit a proposal for the removal scope only (SOW-1), the installation scope only (SOW-2), or may submit a combined proposal for both scopes of work. The preference is a proposal for both scopes.

All work shall be performed in accordance with SOW-1 entitled “Storage Ring and Mezzanine Removal and Transport” Revision 0, dated 09/02/2022 and SOW-2 entitled “APS-U Installation Period”, Revision 0, dated 09/02/2022

A. Description of Work

1. SOW-1 (Storage Ring and Mezzanine Removal and Transport)

Rob K. Kman Procurement Specialist 3

Financial Management and Procurement Services Procurement Department Argonne National Laboratory 9700 South Cass Avenue, Bldg. 201 Lemont, IL 60439 kman@anl.gov

SOW-1 is comprised of a Base Scope and 1 Optional Scope.

i. SOW-1 Base Scope

The contractor shall provide all labor, materials, tools, equipment, supervision and all necessary appurtenances necessary to coordinate and execute the removal of all the existing APS Storage Ring components, including but not limited to front ends, girders and insertion devices, and remove cables and other components from the mezzanine and transport them to the designated location for proper recycling, disposal and/or harvesting.

ii. SOW-1 Option 1 “Tunnel Paint Removal”

The contractor shall provide all labor, materials, tools, equipment, supervision and all necessary appurtenances to remove all the paint from the walls inside the SR tunnel and seal all surfaces.

The Laboratory may exercise the Option work by issuing contract modification(s) at any time, but no later than April 24, 2023. If and when the Laboratory exercises the Option, the work shall be completed by June 30, 2023.

2. SOW-2 (APS-U Installation Period)

SOW-2 is comprised of a Base Scope and 1 Optional Scope.

i. SOW-2 Base Scope The contractor shall provide all labor, materials, tools, equipment, supervision and all necessary appurtenances necessary for planning, contracting, and coordinating the effort required to support the installation of the APS Upgrade Storage Ring, Front Ends, and Insertion Devices.

ii.SOW-2 Option 1 “Magnet Module Rough Alignment” The contractor shall provide all labor, materials, tools, equipment and appurtenances necessary for aligning the plinths to +/-2mm in all directions. This optional scope shall include a description of who is performing the work and if sub-tier key subcontractors are required.

If APS-U determines to exercise this scope, the key subcontractor will be required to be approved by the APS-U technical representative prior to initiation of work.

The Laboratory may exercise the Option work by issuing contract modification(s) at any time, but no later than July 1, 2023. If and when the Laboratory exercises the Option, the work shall be completed by November 14, 2023.

iii. SOW-2 Option 2 “Electronics Installation in Mezzanine Cabinets & Racks” The contractor shall provide all labor, materials, tools, equipment and appurtenances necessary to complete the installation of electronics into the other mezzanine level racks.

The Laboratory may exercise the Option work by issuing contract modification(s) at any time, but no later than July 1, 2023. If and when the Laboratory exercises the Option, the work shall be completed by November 14, 2023.

B. EVALUATION OF OPTION

1. The Laboratory will evaluate proposals for award purposes by adding the Option Price and the Base Proposal price. Evaluation of the option does not obligate the Laboratory to exercise the Option.

2 The Laboratory may reject a proposal as nonresponsive if the prices proposed are materially unbalanced. A proposal is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the proposal will result in the lowest overall cost to the Laboratory even though it may be the low evaluated offer, or if it is so unbalanced as to be tantamount to allowing an advanced payment.

3 If electing to submit a proposal for SOW-1 and/or SOW-2, offerors shall submit proposal prices for Base Work and Option work.

2. SMALL BUSINESS SIZE STANDARDS

This procurement is not a small business set-aside. However, for informational purposes, the applicable annual receipt criterion for a small business concern in this area of construction is a concern that had average annual receipts for the preceding three (3) years not exceeding $39.5 Million (NAICS CODE 236220).

3. PRE-PROPOSAL MEETING

A Pre-Proposal Meeting and Site Tour are scheduled for 9:00am local prevailing time, Friday, October 7, 2022. Pre-Proposal meeting attendees should meet in Building 401 APS Room A-1100 outside the Atrium. You may also join this meeting virtually by clicking the link to attend the Microsoft Teams meeting (https://anl.box.com/s/q30gh4sp01ngmv6jkoiha6jmgh4pyvrn). The meeting provides an opportunity to discuss and clarify this RFP. However, nothing said or represented in the meeting shall be deemed to modify RFP requirements unless followed by a written amendment. Prospective offerors are requested to submit written questions relative to the RFP in advance of the meeting so the contract specialist may prepare responses.

A Site Tour is scheduled for Friday, October 7, 2022, at 10:00am local prevailing time (immediately following the Pre-Proposal meeting). All General Contractors shall coordinate their subcontractor attendance for the site tour. All General Contractors participating in the site tour shall notify the Procurement Official via email (kman@anl.gov) no later than close of business Thursday, October 6, 2022. The following information shall be provided for all site tour attendees: Name, Company, Mobile Number, Email Address, and U.S. Citizen (Yes or No). Offerors’ participation at this site tour is strongly recommended. Site tour will immediately follow the Pre-Proposal meeting and attendees should meet Building 401 APS Room A-1100 outside the Atrium.

4. EXPLANATION OR INTERPRETATION OF RFP DOCUMENTS

https://anl.box.com/s/q30gh4sp01ngmv6jkoiha6jmgh4pyvrn mailto:kman@anl.gov

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing to the Procurement Official via email (kman@anl.gov) by Friday, October 21, 2022 by 3:00pm local prevailing time. Oral explanations or instructions given before the award of a contract will not be binding. Any information given by Argonne to a prospective offeror concerning a solicitation will be furnished promptly by Argonne to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective offerors.

5. PERIOD OF PERFORMANCE

All work associated with SOW-1 (Storage Ring and Mezzanine Removal and Transport) shall be completed within a fixed two (2) month period and the estimated start date is April 2023. All work associated with SOW-2 (Installation Period) shall be completed within a fixed seven (7) month period and the estimated start date is June 2023.

6. INSURANCE

Certificates of insurance of the types and in the amounts set forth in “Bonds and Insurance” clause in the enclosed Appendix A, Argonne Terms and Conditions for Fixed-Price Construction Contracts (Enclosure No. 1. B.), will be required of your company before physical work at the site commences. In accordance with paragraph (g) of “Bonds and Insurance” clause, all policies shall provide by appropriate language that UChicago Argonne, LLC, the University of Chicago, and the United States Government are additional insureds, that the insurance afforded by such policies is primary insurance, and that all rights of the insurer for contribution from other insurers of UChicago Argonne, LLC, the University of Chicago and the United States Government are waived.

7. DAVIS-BACON COMPLIANCE

The minimum wages paid laborers and mechanics engaged in construction work within the scope of this request shall be in accordance with the U.S. Department of Labor minimum wage determination in effect on the date of the solicitation (see the applicable Labor Standards clauses in the enclosed Appendix A - Enclosure No. 1. B.). The appropriate determination will be attached to the contract as “Appendix-Wage Rates.” A sample copy of “Appendix E-Wage Rates” setting out the wage rates now in effect is included with this RFP (Enclosure No. 1. F.). Enclosure No. 6, below, provides a detailed explanation for the method in which contractors are required to submit certified payrolls. Argonne currently holds the licensing agreement with LCPtracker and the use of its system will be free to all contractors and/or subcontractors.

8. ILLINOIS OCCUPATION AND USE TAXES

Any resulting contract will be exempt from Illinois Occupation and Use Taxes.

9. NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS

All offers shall be in compliance with FAR 52.225-9 Buy American – Construction Materials, FAR 52.225-140 Notice of Buy American Requirement – Construction Materials, and FAR 52.225-11 Buy

American – Construction Materials under Trade Agreements of Appendix A. In accordance with the terms of Appendix A, all offerors shall appropriately identify and notify the Procurement Official of any foreign construction material planned for use under this requirement as soon as it is anticipated and with the submission of the offer. Form ANL-BAA-CM (February 21, 2022) is included with the RFP for use if needed.

10. PAYMENT BOND

If the contract exceeds $35,000.00, the successful offeror will be required to furnish Argonne with a

Payment Bond (Enclosure No. 1. G.) within (10) calendar days after the effective date of the contract in a form and with sureties satisfactory to Argonne. (see the “Bonds and Insurance” clause and the “Additional Bond Security” clause in the enclosed Appendix A (Enclosure No. 1. B.).

11. PERFORMANCE BOND

If the contract exceeds $150,000.00, the successful offeror will be required to furnish Argonne with a

Performance Bond (Enclosure No. 1. H.) within (10) calendar days after the effective date of the contract in a form and with sureties satisfactory to Argonne. (see the “Bonds and Insurance” clause and the “Additional Bond Security” clause in the enclosed Appendix A (Enclosure No. 1. B.).

12. SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

(1) Proposals and modifications to proposals shall be submitted via email to kman@anl.gov. All proposals shall be submitted in accordance with Enclose No. 5.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and email address of the offeror; and

(iii) Name, title, and signature of person authorized to sign the proposal.

(3) Late proposals and revisions.

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

(4) Proposals submitted in response to this solicitation shall be in English and in U.S. dollars, unless otherwise permitted by the solicitation.

(5) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(6) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Laboratory Procurement Official.

13. SAFETY PERFORMANCE REQUIREMENTS

Offerors and their subcontractors shall have a record of good safety performance in order to be determined responsible and, therefore, eligible for contract award by the Laboratory.

14. PRE-AWARD SURVEY

The Laboratory may conduct a pre-award survey to confirm any information furnished by the apparent successful offeror. The Laboratory may also require other evidence such as, but not limited to, said offeror’s managerial, financial, technical, safety and other capabilities, the existence of which the Laboratory determines is necessary for the successful performance of the contract.

The apparent successful offeror must affirmatively demonstrate its responsibility, and, if requested by the

Laboratory, the responsibility of its proposed subcontractors.

15. SUBCONTRACTING PLAN

The Laboratory will require submittal of a subcontracting plan in accordance with Clause entitled, “Small Business Subcontracting Plan” of the Appendix A Argonne Terms and Conditions for Fixed Price Construction Contracts from the successful offeror(s). The Laboratory will examine the plan to determine its acceptability. The accepted plan will be incorporated into any resultant contract. The requirement for submittal of a subcontracting plan does not apply if the successful offeror(s) is a small business concern.

The Procurement Official will notify the successful offeror(s) when the small business plan should be submitted.

16. PROPOSAL SUBMITTAL INSTRUCTIONS AND OTHER ADMINISTRATIVE ITEMS

Enclosure No. 1, below, represents the anticipated contractual vehicle format, including standard terms and scope of work.

These enclosures are provided for your information and review only. Unless otherwise negotiated, it is anticipated that said terms will be incorporated into any resultant agreement. Request for waivers or deviations from any terms or conditions must be specified in writing along with justifications for deletion or waiver.

Your attention is directed to the enclosed documents which constitute requirements for this RFP and should be fully complied with as indicated. Note that this is a Request for Proposal, not a contract.

Argonne will award a contract to the responsible offeror(s) whose offer(s), by conforming to the solicitation, will be most advantageous to Argonne.

Argonne reserves the right to accept or reject all proposals if that is determined to be in the best interest of Argonne. Award may be made without discussion; and hence, your proposal should be submitted initially on the most favorable terms. It is brought to your attention that the authorized Argonne Procurement Official is the only individual who can legally commit Argonne to the expenditure of funds in connection with this proposed procurement. This RFP does not commit Argonne to pay any cost for the preparation and submission of a proposal.

Your proposal should be submitted in accordance with Instructions for Preparation of Proposals and Notice to Offerors dated August 5, 2022 (Enclosure No. 5). Your pricing proposal shall be submitted on the enclosed Proposal Form dated August 5, 2022 (Enclosure No. 7) and should include acknowledgment of all amendments/addenda issued under this RFP. Electronic submission of offers is required.

Your proposal should be submitted electronically to Rob Kman at kman@anl.gov on or before 3:00pm.

local prevailing time, Friday, October 28, 2022.

Your offer should be effective for a period of ninety (90) days from the proposal due date. If you have any questions pertaining to this RFP, contact Rob Kman, kman@anl.gov.

Enclosure No. 1: Your attention is directed to the following enclosed documents which together with this RFP, constitute the requirements for this solicitation and any resulting contract:

A. Sample Fixed-Price Construction Contract, ANL-21 (February 23, 2011) amended 8/05/2022 for RFP No

2-B157-P-00363-00.

B. Appendix A, Argonne Terms and Conditions for Fixed-Price Construction Contracts, ANL-526

(December 10, 2021) modified as follows:

1. Clause 43 FAR 52.222-55 – MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (SEPT 2019) is hereby deleted in its entirety and substitute in lieu thereof the following:

“43. FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022)

(a) Definitions. As used in this clause—

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker –

(1) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and–

(A) Whose wages under such contract are governed by the Fair Labor Standards Act 29 U.S.C. chapter 8), the Service Contract Labor Standards statute( 41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute ( 40 U.S.C. chapter 31, subchapter

IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and mailto:kman@anl.gov mailto:kman@anl.gov http://uscode.house.gov/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2) (i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O.

minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3) (i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.

minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

https://www.sam.gov/

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition–

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii)Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to–

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker’s occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/www.dol.gov/agencies/whd/government-contracts

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract.

Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor’s compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

2. Paragraph (h)(3) of Article 58 FAR 52.232-5 – PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (MAY 2014) is hereby amended in its entirety to read as follows:

“(h)(3) Presentation of release of all claims against the Laboratory arising by virtue of this contract in a form prescribed by Laboratory, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C.3727 and 41 U.S.C.6305).”

3. Clause 83 Default is hereby amended to include the following prior to paragraph (a):

“Time is of the essence for Contractor’s performance. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Procurement Official in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Laboratory of the cessation of such occurrence.”

4. Clause 99 Paid Sick Leave Under Executive Order 13706 is hereby added as follows:

“99.FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)-

Child, "domestic partner", and "domestic violence" have the meaning given in 29 CFR 13.2.

Employee–

(1) (i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706; and

(A) Whose wages under such contract are governed by the Service Contract Labor

Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8);

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions;

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2) (i) An employee performs "on" a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs "in connection with" a contract if the employee's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship has the meaning given in 29 CFR 13.2.

Multiemployer plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

Paid sick leave means compensated absence from employment that is required by E.O. 13706 and 29 CFR Part 13.

Parent, "sexual assault", "spouse", and "stalking" have the meaning given in 29 CFR 13.2.

United States means the 50 States and the District of Columbia.

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR Part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall-

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR Part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR Part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR Part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR Part 13, or this clause, including-

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR Part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR Part 13, and this clause is in addition to the

Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR Part 13.

(h) Nothing in E.O. 13706 or 29 CFR Part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR Part 13.

(i) Recordkeeping.

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee's occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR Part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

(x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2) (i) If the Contractor wishes to distinguish between an employee’s covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions.

Only if the Contractor adequately segregates the employee's time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee's time may the Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(i) or

(iii) the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor.

(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the Fair Labor Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number of daily and weekly hours worked.

(4) (i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files.

(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively.

(iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law.

(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 14026, their respective implementing regulations, or any other applicable law.

(j) Interference/discrimination.

(1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR Part 13. Interference includes, but is not limited to-

(i) Miscalculating the amount of paid sick leave an employee has accrued;

(ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave;

(iii) Discouraging an employee from using paid sick leave;

(iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used;

(v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave;

(vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or

(vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the Contractor's operational needs.

(2) The Contractor shall not discharge or in any other manner discriminate against any employee for–

(i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29

CFR Part 13;

(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR Part 13;

(iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR Part 13; or

(iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR Part

13.

(k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR Part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any website that is maintained by the

Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment.

(l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Part

13. Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives.

(m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.”

C. Appendix B, Affirmative Action Requirements, PD-115 (May 2001)

D. Appendix C-1, Statement of Work (SOW-1) entitled “Storage Ring and Mezzanine Removal and

Transport” Revision 0, dated 09/02/2022 Appendix C-2, Statement of Work (SOW-2) entitled SOW-2 entitled “APS-U Installation Period”, Revision 0, dated 09/02/2022

For informational purposes only the following documents are provided:

19059-1-10A - ID vacuum chamber assembly.pdf 19059-1-10A.stp 410101-104000_2 - ID base assembly drawing A098-LO4000_high heat load front end layout.pdf A099-LO1000_Canted front end layout.pdf a100-lo1000 -00 Bending Magnet Front End Layout.pdf a680-l20000.drw beam size monitor transport hole in wall.pdf Front End and Girder Removal.mp4 sector2 module installation – WIP.pdf sector3 module installation – WIP.pdf sect_1-4_end_conn_asm.stp Standard sector module installation.pdf two_sector_w_di-al-cu_asm.pdf U1520205-300000-00_HHL Wall Collimator assembly drawing.pdf

E. Appendix D-8-Construction, Intellectual Property Provisions - Construction Requiring Delivery of Data

PD-101 (June 2020).

F. Appendix E, Wage Rates General Decision Number IL20220008, Modification No. 14 dated 08/26/2022.

General Decision Number IL20220011, Modification No. 8 dated 08/26/2022.

G. Form ANL-22, Payment Bond (October 31, 2006). (Do not complete at this time, for reference only)

H. Form ANL-24, Performance Bond (October 31, 2006). (Do not complete at this time, for reference only)

I. Certificate of Labor Compliance, ANL-564 (5/97). (Do not complete at this time, for reference only)

J. U.S. Department of Labor Payroll Form, WH-347 (Nov 1998) and Instructions for completion. (Do not complete at this time, for reference only)

K. Model Small Business Subcontracting Plan, PD-135 (March 18, 2020). (The Procurement Official will advise when this submission is required).

L. Hotline Posters, PD-14 (May 2. 2022)

Enclosure No. 2: “Pre-Award Information” including “Booklet of Representations and Certifications”, ANL 70-

B (June 06, 2022).

Enclosure No. 3: Argonne National Laboratory Contractor Safety Information Questionnaire, PFS-525 (8/05).

Enclosure No. 4: Technical Evaluation Criteria dated August 5, 2022.

Enclosure No. 5: Instructions for Preparation of Proposals and Notice to Offerors dated August 5, 2022.

Enclosure No. 6: LCP Tracker Davis Bacon Compliance Letter dated March 17, 2015.

Enclosure No. 7: Proposal Form dated August 5, 2022.

Sincerely, Rob K. Kman Procurement Specialist 3/Procurement Official Procurement Department RKK/rkk