RFP No. 2-JP76-P-00201-00.pdf

U. S. Department of Energy Laboratory Managed by UChicago Argonne, LLC

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.

May 23, 2022

To All Prospective Offerors:

Subject: Request for Proposal (RFP) No. 2-JP76-P-00201-00 General Construction Blanket Purchase Agreement (BPA) for Rapid Response

Group

UChicago Argonne LLC (“Argonne” or “Laboratory”), under prime contract No. DE-AC02- 06CH11357 with the U.S. Department of Energy (DOE), has a requirement to provide general construction services at Argonne facilities as described in this solicitation. With this Request for Proposal (RFP), you are invited to furnish a proposal in accordance with the solicitation requirements provided herein.

It should be noted that these required construction services may be procured utilizing the proposed Blanket Purchase Agreement (BPA) or through competition or other means. It is the Laboratory’s intent to award two (2) BPAs which would provide for the issuance of individual Task Orders (TO)/calls, either firm fixed price or time and materials. TOs/calls will be rotated between or competed amongst the BPA holders. The successful Contractor(s) shall provide all labor, equipment, materials, supplies, transportation, qualified supervision, and all other incidentals necessary to perform General Contractor services.

Individual firm fixed-price and time and materials TOs shall not exceed $250,000.00. BPA duration shall be for a one (1) year base period with one (1) one-year option. Based on historical data, the Laboratory may issue approximately two hundred (200) TOs per year with a potential aggregate value in the range of Five Hundred Thousand Dollars ($500,000.00) to Six Million Dollars ($6,000,000.00) per BPA. This estimate is provided for planning purposes only and does not constitute a commitment on the Laboratory’s part. Notwithstanding the foregoing, the successful Offeror(s) is not guaranteed any minimum dollar amount per year under this contract.

Janell Piechocinski Construction & R&D Manager

Office of the Chief Financial Officer Procurement Department Argonne National Laboratory 9700 South Cass Avenue, Bldg. 201 Lemont, IL 60439

(630)252-7072 jpiechocinski@anl.gov

RFP No. 2-JP76-P-00201-00

The successful Contractor shall not perform concurrent fixed price and time and material work at the same site. Sites are defined as physically separate buildings, facilities, roadways, structures, and plant facilities.

For your information and use in preparing your proposal, we are providing you with the following applicable provisions.

1. EVALUATION CRITERIA

The Laboratory shall make a selection for award based on the principles of best value.

Best value is expected to result from selection of the highest technical acceptable proposal with the lowest evaluated proposed cost. However, it may be in the best interest of the Laboratory to consider award to other than the offeror with the lowest evaluated proposed cost if the perceived technical advantages of a higher evaluated proposed cost proposal merit the additional higher proposed cost. Enclosure No. 4 identifies the Technical Criteria for evaluation.

2. DESCRIPTION AND LOCATION OF WORK

The contractor will provide modifications, repairs, construction, alterations and installations to the facilities, building and infrastructure components and systems. This work includes varied general construction, consisting of architectural, civil, structural, mechanical, plumbing and electrical items to be performed on a per TO/call basis. The work under the BPA will occur throughout the Argonne Site. The Task Order will be initiated through the issuance of individual calls per project/job by an authorized Call Manager. The calls will be construction type work that includes common indoor and outdoor construction activities.

BPA duration shall be for a one (1) year base period with one (1) one-year option.

3. SMALL BUSINESS SIZE STANDARDS

This requirement is not set aside for small business participation, however 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).

4. PRE-PROPOSAL MEETING

A virtual Pre-Proposal Meeting is scheduled for 10:00 A.M., local prevailing time, Tuesday, May 31, 2022. The meeting can be accessed by the following link, Click here to join the meeting. 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. Offerors are requested to submit written questions relative to the RFP in advance of the meeting so the Procurement Official may prepare responses.

5. EXPLANATION OR INTERPRETATION OF RFP DOCUMENTS

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing to the Procurement Official by close of business (5:00 P.M.), June 10, 2022. 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.

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 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 United States 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-Wage Rates” setting out the wage rates now in effect is included with this RFP (Enclosure No. 1. G.). 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 LCP Tracker 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 & PERFORMANCE BOND

The successful offeror will be required to furnish Argonne with a Payment Bond

(Enclosure No. 1. J.) and a Performance Bond (Enclosure No. 1. K.) 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. SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF

PROPOSALS

(1) Proposals and modifications to proposals shall be submitted electronically to jpiechocinski@anl.gov.

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

(i) The solicitation number;

(ii) The name, address, and telephone and e-mail of the offeror; and

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

Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Late proposals and revisions.

Any proposal received at the office designated 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.

12. 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.

13. PRE-AWARD SURVEY

The Laboratory may conduct a pre-award survey to confirm any information furnished by the low 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 low offeror must affirmatively demonstrate its responsibility, and, if requested by the Laboratory, the responsibility of its proposed subcontractors.

14. SUBCONTRACTING PLAN

The Laboratory will require submittal of a subcontracting plan in accordance with Clause entitled, “Small Business Subcontracting Plan” of the 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.

15. 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 Enclosure No. 5 Instructions for Preparation of Proposals and Notice to Offerors dated March 31, 2022. Your pricing proposal shall be submitted on the enclosed Proposal Form (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 jpiechocinski@anl.gov on or before 3:00 P.M., local prevailing time Monday, June 20, 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 Janell Piechocinski at jpiechocinski@anl.gov or (630)252-7072.

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 BPA resulting therefrom:

A. Sample Blanket Purchase Agreement, ANL-21 (February 23, 2011) amended for RFP

No. 2-JP76-P-00201-00.

B. Appendix A, Argonne Terms and Conditions for Fixed-Price Construction Contracts, ANL-526 (December 10, 2021) modified as follows:

1. In furtherance of Clause 82 entitled, BONDS AND INSURANCE, the amount of the payment bond and performance bond shall be $6,000,000.00. The bonds shall be in force for the duration of the contract.

2. 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.”

3. Clause 99 Key Personnel is hereby added as follows:

“99. KEY PERSONNEL (DEC 2000)

a. The personnel listed in Clause, Key Personnel, are considered essential to the work being performed under this contract. Before removing, replacing, or diverting any of the listed or specified personnel, the Contractor must:

1. Notify the Laboratory Procurement Official reasonably in advance;

2. submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract; and

3. obtain the Laboratory Procurement Official's written approval.

Notwithstanding the foregoing, if the Contractor deems immediate removal or suspension of any member of its management team is necessary to fulfill its obligation to maintain satisfactory standards of employee competency, conduct, and integrity, the Contractor may remove or suspend such person at once, although the Contractor must notify Laboratory Procurement Official prior to or concurrently with such action.

b. The list of personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel.”

4. Clause 100 Paid Sick Leave Under Executive Order 13706 is hereby added as follows:

“100. 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.”

Appendix A-1, Argonne Terms and Conditions (For Labor-Hour and Time and Materials Contracts), ANL-528 (February 1, 2022).

Appendix A-2, Special Provisions dated March 18, 2022.

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

D. Appendix C, Statement of Work entitled “Rapid Response Department Site Wide General

Construction Blanket Purchase Agreement (BPA),” dated February 23, 2022.

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

Delivery of Data PD-101 (June 2020).

F. Appendix E, Pricing Schedules

Appendix E-1, Hourly Rate Schedule dated (TBD).

Appendix E-2, Equipment Rate Schedule dated (TBD)

Appendix E-3, Representative Small Tool List dated October 6, 2020.

Appendix E-4, Representative Consumable List dated October 6, 2020

G. Appendix F, Wage Rates

Appendix F-1, General Decision Number IL20220008, Building & Residential Projects, Modification No. 4 dated March 4, 2022.

Appendix F-2, General Decision Number IL20220011, Heavy & Highway Projects, Modification No. 1 dated February 25, 2022.

Appendix F-3, General Decision Number IL20220020, Landscape Projects, Modification No. 1 dated February 25, 2022.

H. Appendix G, Task Order Form Revision 0 dated October 1, 2020.

I. Appendix H, Display of Hotline Poster(s) (Nov 2021), PD-14 (May 2, 2022).

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

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

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

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

N. Model Small Business Subcontracting Plan (November 11, 2021). (The Procurement

Official will advise when this submission is required).

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

Certifications”, ANL 70-B (April 12, 2022).

Enclosure No. 3: Argonne National Laboratory Contractor Safety Information

Questionnaire, PFS-525 (8/05).

Enclosure No. 4: Technical Evaluation Criteria dated April 21, 2022.

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

March 31, 2022.

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

Enclosure No. 7: Proposal Form dated April 1, 2022.

Sincerely, Janell Piechocinski Construction & R&D Manager/Procurement Official

Procurement Department

JP/jp

Enclosures

SOURCE TITLE AND DATE

Appendix A-Labor Hour Appendix A Terms and Conditions for Labor Hou (02/01/22) Appendix B Appendix B - Affirmative Action Requirements (05/03/01) Appendix D8 Construction Appendix D8 Construction Intellectual Propert (06/29/20) Appendix A-Construction Appendix A Fixed-Price Construction Terms and (12/10/21)