RFP No. NFU2-7623.pdf

(4/15/22)

REQUEST FOR PROPOSAL (RFP) No.: NFU2-7623

PROPOSAL DUE DATE: MARCH 20, 2024

National Energy Research Scientific Computing Center

(NERSC) Facility Upgrade II (NFU2) Project

North American Industry Classification System (NAICS) Code: 236220

Procurement Point of Contact: Emily Mastronardi Telephone No: (510) 486-4374 Email: EMastronardi@lbl.gov

University of California, Managing and Operating Lawrence Berkeley National Laboratory Request for Proposal No. NFU2-7623

1. INTRODUCTION

The University of California, Lawrence Berkeley National Laboratory (“University” or “LBNL”) requests a proposal for general contractor (GC) construction subcontractor services, in accordance with this RFP, Sample Subcontract, and other enclosures.

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

Timeline of Events Pre-Proposal Conference (see page 2) February 21, 2024 On-Site Inspection (see page 2) February 21, 2024 Offeror Questions Due (see page 3) February 28, 2024 Proposals Due March 20, 2024

This acquisition is for general contractor (GC) construction subcontractor services on the National Energy Research Scientific Computing Center (NERSC) Facility Upgrade II (NFU2) project, which will add 10 megawatts (MW) of electrical power and additional cooling capacity to Building 59 (Shyh Wang Hall) at Lawrence Berkeley National Laboratory (LBNL) managed and operated by The Regents of the University of California (University). NERSC is a mission critical computing center for the Department of Energy (DOE) Office of Science (SC) Advanced Scientific Computing Research (ASCR) program. Since its inception in 1974, NERSC has continuously provided HPC systems and services for over 8,000 researchers around the globe.

1.1 Estimated Term

It is expected that the Subcontract will be performed over a period of 27 months.

1.3 NAICS CODE AND SMALL BUSINESS SIZE STANDARD

The North American Industry Classification System (NAICS) Code for this acquisition is 236220, Commercial and Institutional Building Construction. The corresponding small business size standard for this acquisition is annual receipts of $39.5 million. Annual receipts are to be based on the average annual gross revenue for the past three fiscal years.

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

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

1.4 Pre-Proposal Conference

The University intends to conduct a pre-proposal conference on Wednesday February 21, 2024. All potential offerors are mandated to attend. An offeror will be considered non-responsive if the offeror did not attend the mandatory pre-proposal conference. The University Procurement Representative will contact interested offerors with information about the pre-proposal conference.

1.5 On-Site Inspection

Offerors are mandated to inspect the work site on Wednesday February 21, 2024, immediately following the Pre-Proposal Conference. Potential offerors should assemble for the site inspection outside of LBNL Building 59 just past the Blackberry Canyon entrance in Berkeley, CA (Hearst Avenue to Cyclotron Road). A site map is available at: https://commute.lbl.gov/parking/. An offeror will be considered non-responsive if the offeror did not attend the mandatory on-site inspection.

The purpose of the site inspection is to ensure that potential offerors gain the best possible understanding of the work conditions and requirements. Potential offerors will be given an opportunity to ask questions about the work, and physically observe the existing conditions, take measurements, identify obstacles, or do whatever else is necessary to become thoroughly acquainted with the requirements of the work.

Potential offerors shall inform the University Procurement Representative, at least 72 hours in advance, of the number of persons attending the site inspection, including any lower-tier subcontractors, and the company they will be representing, so that LBNL gate access can be arranged. To gain access to the site, all individuals are required to present a generally acceptable form of government-issued photo identification. Please arrive to the site 15 minutes early to allow for the badging process. Those attending the site inspection are required to bring their own hardhat and hard-toed footwear. For potential offerors who fulfilled the mandatory conference and on-site inspection requirements, a second alternative pre-proposal conference and site inspection may be offered upon request.

1.6 Oral Presentations

Offerors deemed to have a reasonable chance of being selected for award may be required to make a brief oral presentation on how the offeror would perform the work. An offeror is identified as having a reasonable chance of award based on the evaluation indicating they are responsive and responsible; their offer satisfies the minimum requirements of the solicitation; they have presented acceptable or strong performance features and supplier attributes; they have sufficient bandwidth to take on new work; and their proposed pricing is considered fair and reasonable. The presentation must be given by project managers and/or other participants who are expected to be directly involved in the work. Immediately following the presentation, the University may wish to discuss some specific elements of the proposal and interview with the offeror’s presenters regarding the experience of the offeror’s personnel and the depth of their understanding of the University’s requirements and expectations. The goal of the oral presentation is to clarify the details and gain a better understanding of the offerors’ proposal. Information provided during oral presentation meetings is meant to validate and confirm information provided in written proposals, oral presentations cannot change the offer and will not be evaluated separately from the submitted written proposal. The University Procurement Representative will contact the offerors selected for oral presentations to schedule and discuss any necessary details of the meeting.

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 https://commute.lbl.gov/parking/ unfavorable consideration or exclusion from further consideration. Proposals must be written in English and be clear, coherent, and prepared in sufficient detail for effective evaluation.

WRITTEN PROPOSALS MUST BE SUBMITTED BY EMAIL TO THE UNIVERSITY

PROCUREMENT REPRESENTATIVE (EMASTRONARDI@LBL.GOV) NO LATER THAN

11:59 PM PACIFIC ON WEDNESDAY, MARCH 20, 2024.

All correspondence in conjunction with this solicitation must be directed to the University Procurement Representative only.

Proposals shall be valid for a period of 180 days from the proposal due date. Acceptance of late proposals will be at the University’s discretion. The University reserves the right to reject any proposal, to waive any minor proposal irregularities, or to cancel this RFP at any time prior to award without cost to the University. The University will not reimburse any firm for proposal preparation or any other costs related to the participation in this RFP.

2.2 OFFERORS’ QUESTIONS

The University will respond to questions submitted via email to the University Procurement Representative on or before February 28, 2024. Questions submitted after this date may not be answered prior to the proposal due date. Answers to questions that are submitted timely will be issued or be made available to all offerors electronically, ensuring that the identity of all offerors will remain anonymous.

2.3 EVALUATION AND SELECTION

2.3.1 Determination of Responsive and Responsible Offers

The University intends to select for award the responsive and responsible offeror whose proposal demonstrates that the offeror can satisfy the minimum technical requirements specified later in this RFP and contains the combination of price, performance features, and supplier attributes (described later in this RFP) offering the best overall value to the University.

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.

Offerors may be contacted only for clarification purposes during the initial review. Incomplete offers may be considered non-responsive and will be excluded from further consideration if the omissions are substantive (e.g., one or more required documents not submitted, one or more evaluation factors 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.

A responsive offeror is one whose proposal satisfies the requirements of this RFP including those listed in Section 2.4, and the requirements of the Sample Subcontract and its incorporated documents. A responsible offeror is one that has adequate financial resources, ability to comply with the performance schedule, has a satisfactory performance record, has the necessary technical skills to be considered capable of performing and is otherwise eligible and qualified to perform the proposed Subcontract at the time of award. An offeror cannot be determined as “responsible” if it is currently ineligible for receiving new federal government prime contracts or subcontracts. 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 factors described in Section 2.4, below.

2.3.2 Evaluation of Minimum Requirements, Desired Performance Features, Supplier Attributes and Non-Technical Factors Once the Procurement Specialist has determined offers are complete in the initial review, they will be evaluated to confirm that minimum requirements of the solicitation stated in Section 2.4.2.1 have been met.

The University will go on to determine the best overall value by evaluating the desired performance features, supplier attributes, and non-technical factors including the price. The University Procurement Representative will make a determination for award to the successful offeror based on the results of the evaluation.

Information provided during oral presentation meetings is meant to validate and confirm information provided in written proposals and will not be evaluated separately from the submitted written proposal.

The University’s expectations for these evaluation factors are stated in Section 2.4.2.2. The University reserves the right to award to other than the lowest price offeror(s). Offerors should therefore strive to be persuasive in describing the value of their proposed performance features, supplier attributes, and other factors, including how they would enhance the likelihood of successful performance and achievement of the University’s objectives.

2.3.3 Additional Evaluation Considerations

The University’s evaluation will be based on the information provided by the offeror(s), the University’s own experience with the offeror(s), and/or information obtained from the offeror’s references and other sources. In its evaluation, the University will consider the degree of substantiation of the proposed approaches in the proposal volumes and in response to any discussions, if held. The University is not responsible for locating or securing any information which is not included in the proposal. To ensure sufficient information is available, offerors must furnish as part of their proposal all descriptive material (such as manuals, drawings, technical specifications, or other information) necessary for the University’s evaluation.

Offerors are advised that, although negotiations may follow receipt of proposals, selection may be made without discussions on proposals received. If the University determines that revised proposals are necessary, the University may solicit them from only those offerors deemed 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

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

When performing onsite work, vendors and subcontractors are required to comply with the Cal/OSHA COVID-19 Prevention Non-Emergency Regulations at a minimum. In addition, the COVID-19 Safety Protocols for Subcontractors and Vendors outline the most current onsite requirements at LBNL. These protocols are found on the LBNL COVID-19 website. With these requirements in mind, combined with the COVID-19 policies being implemented in various locations globally, please provide in your response to this solicitation any information regarding potential delays or challenges the offeror may foresee in the performance of the work pursuant to this solicitation.

Proposals must include information on the following evaluation factors. Please note that a description of the information required of each factor is provided after the table below.

Volume Factor Page Limit

Minimum Requirements

Cover Letter Per Section 2.4.1 1

Technical Volume

Factor 1 - Contractors State License 1

Factor 2 - Injury and Illness Prevention Program 3

Factor 3 - Clean Room Construction Operations 3

Desired Features and Attributes

Factor 4 – Past Experience 4

Factor 5 – Past Performance 4

Factor 6 – Safety Record 3

Factor 7 – Key Personnel 3

Factor 8 – Capability 2

Factor 9 – Quality Assurance Program 2

Business Volume

Non-Technical Evaluation Factors No Page Limits

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

Sample Subcontract Price Proposal

Performance and Payment Bonds https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ https://drive.google.com/file/d/11STNGyRi1fzHSs-c5yvBCmw2Gggez9P5/view https://drive.google.com/file/d/11STNGyRi1fzHSs-c5yvBCmw2Gggez9P5/view http://covid.lbl.gov/

2.4.1 Cover Letter

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

2.4.2 Technical Volume

The technical volume should contain a comprehensive discussion of how the offeror will fulfill the technical requirements and successfully perform the Subcontract, including a discussion of important performance features and supplier attributes, highlighting any aspects which may separate it from its competitors.

2.4.2.1 Minimum Requirements

The technical volume must demonstrate that the following minimum requirements are met or exceeded.

The possible ratings for the minimum requirement(s) are Pass (meets or exceeds minimum requirements) or Fail (does not meet minimum requirements). Failure to meet any single minimum requirement will disqualify a proposal from consideration.

● Factor 1 – Contractors State License

The offeror must have a current Contractors State License Board (“CSLB”) contractor license in the State of California with classification(s) required to perform the scope of services in the Subcontract (Class A or Class B).

The offeror must include in its proposal a copy of its contractor license.

● Factor 2 – Injury and Illness Prevention Program

The offeror must have a Division of Occupational Safety and Health (Cal-OSHA) compliant Injury and Illness Prevention Program.

The offeror must include in its proposal its Division of Occupational Safety and Health (Cal-OSHA) compliant Injury and Illness Prevention Program with written certification from the Offeror that it is in accordance with Cal-OSHA.

● Factor 3 - Clean Room Construction Operations The offeror must have experience with International Organization for Standardization (ISO) Class 8 Cleanroom Construction Operations, or similar, in hospital, pharmaceutical, or laboratory sites with continuous operations.

The offeror must include in its proposal a minimum of two representative projects meeting ISO Class 8 (or better) cleanroom construction standards.

2.4.2.2 Desired Performance Features and Supplier Attributes

The technical volume should identify, describe, and discuss the following performance features and supplier attributes the University has identified as desirable for the successful performance of the proposed Subcontract. The University will use these criteria for the evaluation of proposals. The criteria are listed in the relative order of importance to the University (i.e., descending order of importance). The offeror should discuss them in the proposal. and may identify other performance features and supplier attributes not listed below that the offeror believes may be of value to the University. If the University agrees, they will be considered in the evaluation process and will be rated within the factors listed herein. In all cases, the University will assess the value of each proposal as submitted.

● Factor 4 – Experience

The offeror should have recent experience (preferably within the last three years) comparable to the statement of work on complex MEP projects, preferably the following project types listed in descending order of importance:

a. Data center projects,

b. Class 8 clean room construction projects,

c. industrial process projects,

d. federal projects, and

e. state projects

The offeror must include in its proposal a written description of experience performing similar work on up to three projects. Listing similar projects using the proposed Principal Personnel in response to Factor 7, below will be rated more favorably.

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

A lack of relevant experience shall be evaluated as unacceptable.

● Factor 5 – Past Performance The offeror should have successfully performed within the last three years contracts similar in type and complexity as the proposed Subcontract.

The offeror must include in its proposal a written description of up to three contracts within the last three years of successful performance of similar work that demonstrates that the offeror has successfully performed similar work in a quality manner (e.g., letters of reference, project documentation, etc.). Past Performance in the following areas should be highlighted:

a. Complex MEP projects,

b. Working in operational, mission-critical facilities,

c. Working in extremely difficult tight locations with minimal space, and

d. Removal, installation, lift handling and transport of heavy, high value equipment.

e. Prior experience between Team companies

f. Reference checks

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

Information on problems encountered and creative solutions with respect to corrective actions taken is encouraged.

The offeror must provide the number of terminations for default notices received over the past three years either directly or as a partner, member of an LLC, joint venture, or other similar relationship.

Please state if no termination for default notices have been received.

The offeror should include an explanation of the details of each termination for default notice. The offeror must disclose any contract/subcontract performance incidents where litigation has been initiated over the past three years. However, in such instances, the offeror will not be required to submit attorney-client privileged information or be required to disclose the details surrounding the incident.

● Factor 6 – Safety Record and Experience Modification Rate (EMR) The offeror and each of the offeror’s lower tier subcontractors must have a satisfactory safety record which includes a Workers’ Compensation Experience Modification Rate (“EMR”) of 1.0 or less for each of the past three years or be adequately explained in the proposal.

The offeror must include in its proposal information regarding its safety record, and the safety record of any proposed lower tier subcontractors, including a communication from its Workers’ Compensation insurance carrier(s) identifying the offeror’s, and any proposed subcontractor’s, (EMR) for each of the last three years, where available. The EMR information may be either state(s) or interstate information, but must be appropriate for the business unit(s) that will perform the work.

EMRs from the prime or lower tier subcontractor(s) higher than 1.0 must be explained in the proposal.

Offeror must also submit for review the safety record of any proposed lower tier subcontractors identified post proposal following the same criteria.

The offeror must fully disclose any and all U.S. Occupational Safety and Health Administration (OSHA) citations, California Occupational Safety and Health Administration (Cal-OSHA) citations, and any other state-run occupational safety and health administration citations received by it or any of its proposed lower-tier subcontractors within the past three years, regardless of whether the violation has been contested, appealed or settled. The disclosure(s) must include a description of the category of violation (i.e., De Minimis, Other-Than-Serious, Serious, Willful, Repeated and/or Failure to Abate Prior Violation), the specifics of the violation and the current status (appealed, abated, resolved, etc.).

By submission of an offer, if no such disclosure is submitted, the offeror certifies that neither it nor any of its proposed lower-tier subcontractors have received any OSHA or Cal-OSHA violation citations within the past three years. Failure to disclose any safety violation cited by OSHA or Cal- OSHA within the past three years shall deem the offer non-responsive and/or be cause for Default if discovered after award of a subsequent subcontract resulting from this solicitation.

● Factor 7 – Key Personnel The offeror must identify and provide resumes for the proposed personnel to support the project in the key personnel roles identified below:

a) Senior-level Project Executive or Director having at least 10 years of experience managing projects of similar size, technical nature, and complexity

b) Project Manager having at least 10 years of experience managing projects of similar size, technical nature, and complexity

c) Project Superintendent having at least 10 years of experience managing projects of similar size, technical nature, and complexity

d) Project mechanical, electrical, plumbing (MEP) Coordinator having at least 10 years of experience, with a preference for individual Mechanical and Electrical Coordinators for the project

e) Safety Coordinator. A full-time Onsite Health and Safety Representative, with at least 5 years construction health and safety experience and possessing one of the following certifications: a) Certified Safety Professional (CSP); or b) Certified Industrial Hygienist

(CIH)

f) Project controls specialist with expertise in Earned Value Management System (EVMS) using P6 Primavera software having at least five years of experience.

The offeror must also identify and provide resumes for personnel serving the Quality Assurance function, who will perform on the proposed subcontract. The University reserves the right to request additional information and to check references as appropriate.

The resumes should clearly indicate the qualifications, experience and education of the proposed personnel. Experience of proposed personnel working on similar successful projects for this work effort. Resumes for each staff must be limited to three pages per individual, and do not count against the total page count. The University reserves the right to request additional information and to check references as appropriate. The designated personnel are considered essential to the services to be performed under the project such that, during the RFP evaluation stage and under the Subcontract, any proposed changes must be approved by the University.

● Factor 8 – Capability The offeror should have the capability to technically and administratively execute the work including;

a. Demonstrated successful approach to management and implementation of the project requirements

b. Demonstrated ability to manage to baseline EVMS-like status reporting

c. Demonstrated resources to perform the work effort

The offeror should include in its proposal a narrative description of its approach to management of the project requirements and status reporting. Offeror should include its plan for complying with and familiarizing its employees with all applicable University processes, procedures, safety and related training, and applicable University requirements as outlined in the Statement of Work. The offeror should include a written description of previous approaches that were successful.

● Factor 9 – Adequate Quality Management System or Quality Assurance Program The offeror should have a Quality Management System (QMS) or Quality Assurance (QA)/Quality Control (QC) Program conforming to and meeting the basic tenets of the Quality Assurance Requirements Article of the Sample Subcontract and in the incorporated LBNL Quality Assurance Requirements for Capital Projects.

The offeror should submit with its proposal a copy of its QMS or QA Program Manual that describes and demonstrates how QA/QC is incorporated into its policies, processes and work activities at the corporate level, and how the Program requirements are flowed down to lower tier subcontractors and suppliers at the project level. The QMS or QA Program may be a standalone document or QA Standard Operating Procedures (SOP) that collectively describe the QMS or QA Program. The basis for the

Offeror’s QMS or QA Program should be American Society of Mechanical Engineers (ASME) Nuclear Quality Assurance (NQA-1), International Standards Organization (ISO) 9001 or other QMS/QA industry standard. The offeror should discuss and describe how they as a Company manage and incorporate quality assurance into their processes (Corporate Quality Culture) and how the offeror will develop a project-level document that manages the QA/QC throughout the life cycle of this project.

The offeror should submit with its proposal a sample of a project-level document that demonstrates how its QA/QC Program requirements were flowed-down to lower tier subcontractors and suppliers on a relevant project.

The offeror should submit with its proposal official substantiation of current applicable third-party national or international accreditation(s) of their QMS or QA Program for the requested services (e.g., ISO, International Electrotechnical Commission (IEC), National Voluntary Laboratory Accreditation Program (NVLAP), DOE Laboratory Accreditation Program (DOELAP), Accredited Quality Contractor (AQC), National Environmental Balancing Bureau (NEBB) Firm Accreditation, Testing, Adjusting and Balancing Bureau (TABB) Certified Commissioning Contractor (CCC)).

2.4.2.3 Evaluation of Desired Performance Features and Supplier Attributes The following adjectival ratings will be used to rate the evaluation factors:

● Excellent: Proposal demonstrates excellent understanding and satisfaction of the University’s requirements. Its approach significantly exceeds the desired performance features and supplier attributes and is highly beneficial to the University. There are no evaluated weaknesses.

● Good: Proposal demonstrates good understanding and satisfaction of the University’s requirements.

Its approach exceeds the desired performance features and supplier attributes and is beneficial to the University. There are no significant evaluated weaknesses.

● Acceptable: Proposal demonstrates an adequate understanding and satisfaction of the University’s requirements. Its approach satisfies most desired performance features and supplier attributes and is beneficial to the University. There may be minor, but correctable evaluated weaknesses.

● Unacceptable: Proposal fails to demonstrate an adequate understanding of the University’s requirements or its approach fails to meet desired performance features or supplier attributes that are beneficial to the University. There are unacceptable weaknesses that can only be met with major changes to the proposed approach.

2.4.3 Business Volume

2.4.3.1 Enclosures

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

● NFU2-7623 Reps and Certs Form

● NFU2-7623 Price Proposal Form

● EEO Pre-Award Compliance Certification

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 (GPs) for Fixed Price Construction

● Insurance Certificate Instructions

● NFU2-7623 Sample Oral Presentation

The following enclosures are provided for informational purposes. Only the selected offeror will be required to execute and return these documents:

● Small Business Subcontracting Plan Model (Small Business Subcontracting Plans are required only from the successful non-small business Offeror(s))

2.4.3.2 Non-Technical Factors

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

2.4.3.2.1 Offeror’s Acceptance of Terms and Conditions

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

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

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

2.4.3.2.4 Price Proposal

Price, while being an important factor, is not in and of itself the determining factor in the selection of the successful offeror for award of the Subcontract contemplated by this solicitation. Price is not weighted;

rather, each offeror’s price will be evaluated for realism, reasonableness, and completeness of the proposed Subcontract price. The price proposal should offer total firm fixed prices, and be submitted on the attached form entitled NFU2-7623 Price Proposal Form. The total lump sum fixed prices must include all applicable federal, state, and local taxes, duties and all other Subcontractor obligations under the resulting Subcontract, including all direct costs, indirect expenses and any fee or profit.

Lump sum fixed prices should be submitted for the base work and all requested options as listed in the price proposal form. Failure to provide a price for a requested option may result in disqualification of the entire proposal, at the University’s discretion. If selection of an option would not result in a change from the offered lump sum fixed price for the base work, the offeror should insert the words “No Change” in the space provided for the price of the option. “No Change” will be interpreted to mean that the work described in the option will be completed at the same price or rates as for the base work.

2.4.3.2.6 Performance and Payment Bonds

The successful offeror shall furnish, after receipt of the resulting Subcontract, performance and payment bonds as specified in the General Provisions incorporated into the Sample Subcontract. The cost for the required bonds must be included in the total proposed price.

A certified and dated copy of the power-of-attorney for the attorneys-in-fact who sign the performance and/or payment bonds must be provided with each bond. The bonds must be from a surety company listed in the latest published U.S. Treasury Department’s Listing of Approved Sureties (Department Circular 570), available at: http://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm.

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 that is privileged or considered business confidential, either of which is developed at private expense.

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

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

3.2 Export Control Classification Information

See attached Sample Subcontract.

3.3 Funding Availability

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

http://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm

3.4 System for Award Management (SAM)

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

3.5 E-Verify Program Enrollment Verification

The Subcontract will include FAR Clause 52.222-54, Employment Eligibility Verification. Accordingly, the selected offeror will be required to:

1. Be enrolled in the Government’s online E-Verify system, which is located at: https://e-verify.uscis.gov/enroll) and, if necessary, provide the University with written verification of the enrollment;

2. Use the E-Verify system to verify the employment eligibility of all employees assigned to the Subcontract and of all new hires working in the United States, except that if the selected offeror is an institution of higher education as defined at 20 U.S.C. 1001(a), or a state or local government, or the government of a federally recognized Indian tribe, it may choose to verify only new hires assigned to the Subcontract; and

3. Include the clause in lower-tier subcontracts for construction or services exceeding $3,500, as required by the clause, and, if necessary, provide the University with written verification of the inclusion of the clause in the subcontracts and the lower-tier subcontractors’ enrollment in the E-Verify system.

Additional information about the employment eligibility verification requirements is available at http://www.uscis.gov/everify.

3.7 Small Business Subcontracting Plan

Unless the offeror is a small business, the selected offeror will be required to submit for approval a Small Business Subcontracting Plan which includes the total anticipated subcontracting amount and percentage goals and amounts for all of the various small business categories. Refer to the Small Business Subcontracting Plan clause (FAR Clause 52.219-9) referenced in the General Provisions and the attached Model Small Business Subcontracting Plan for additional information. The approved plan will be made a part of the resulting Subcontract. Failure to submit an acceptable subcontracting plan may cause the selected offeror to be ineligible for award of the Subcontract.

3.9 Construction Wage Rate Requirements

Any resulting Subcontract will be subject to the Construction Wage Rate Requirements (formerly known as the Davis-Bacon Act and related labor regulations) in Subpart 22.4 of the Federal Acquisition Regulation (FAR), which are identified in the Sample Subcontract. Offers must be based on, and all laborers and mechanics performing work at the worksite under the Subcontract shall receive no less than the wages and benefits specified in the Wage Determination provided with this RFP.

Offerors shall immediately notify the University Procurement Representative if it intends to establish a secondary site specifically for the performance of a significant portion of the building or work for which https://e-verify.uscis.gov/enroll https://e-verify.uscis.gov/enroll http://www.uscis.gov/everify the Wage Determination provided with this RFP is not applicable. The proposal due date will not be extended as a result of an offeror’s request for a wage determination for a secondary site.

3.10 Availability of Plans (Drawings)

The University will provide at no cost an electronic set of plans (drawings) and related specifications to each offeror. The offeror shall be responsible for any additional copies required for its use or the use of its lower tier subcontractors.

The design/documentation package and all associated documents, drawings, and records are owned by DOE. Documents may be obtained from LBNL via LBNL Construction Details and Design Guidelines (CDDG), latest edition. Use of the documents for any purpose outside of (1) responding to this solicitation or (2) an LBNL 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.

3.11 Buy American Act Requirements - Construction Materials

The General Provisions of the Sample Subcontract include FAR Clause 52.225-9, Buy American Act - Construction Materials, which requires that only domestic construction materials be used in performing the Subcontract (i.e., construction material manufactured in the United States or unmanufactured construction material 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 construction material.

If the offeror proposes to furnish any foreign construction material, the offeror must request relief on the basis that domestic construction material is: (1) unreasonably priced, or (2) not commercially available in sufficient quantities of a satisfactory quality. Such requests should be submitted to the University’s Procurement Representative in time to allow a determination before submission of offers, if possible, or submitted with the offer, and should include all information and applicable supporting data required to evaluate the request. When an offer includes foreign construction material, the offeror should also submit an alternate offer based on use of equivalent domestic construction materials, if possible.

Domestic construction material (i.e., unmanufactured construction material mined or produced in the United States) will not be considered unreasonable unless its cost exceeds the cost of comparable foreign unmanufactured construction material, including any import duty, by more than 20%.

Refer to FAR Clause 52.225-9 for the definition of: construction material, domestic construction material, and foreign construction material.

3.12 Safety-Related Requirements

The selected offeror and its lower-tier subcontractors performing work at an LBNL worksite are subject to the DOE Worker Safety and Health Program regulation of Title 10, Part 851 of the U.S. Code of Federal Regulations (10 CFR 851), as amended by the variance to 10 CFR part 851, Worker Safety and Health Program, approved by DOE in August of 2019. The approved variance allows the selected offeror and lower tier subcontractors to follow applicable California Department of Labor Codes such as California Occupational Safety and Health Administration’s (Cal-OSHA) safety and health regulations in Title 8, including an Injury and Illness Prevention Program (IIPP), in lieu of specified provisions in 10 CFR part 851, Subparts B and C, and Appendix A. The Department of Energy retains enforcement authority per 10 CFR part 851, subpart A.

The selected offeror shall also perform the work in compliance with the LBNL Health and Safety Manual, available at http://www.lbl.gov/ehs/pub3000/, which implements the requirements of 10 CFR 851, as well as their Cal-OSHA mandated Injury and Illness Prevention Plan (IIPP) or equivalent and all other LBNL safety procedures and policies communicated to the Subcontractor. As part of this requirement, the Subcontractor and its lower-tier subcontractors shall inform their workers of their rights and responsibilities by appropriate means, including posting the DOE-designated 10 CFR 851 It's the Law Worker Protection Poster at its LBNL workplace where it is accessible to all workers. Provisions implementing the requirements of the regulation are included in the Sample Subcontract.

The selected offeror’s personnel working on-site may be required to complete safety or other training specific to the LBNL facility or worksite where the work will be performed. The required training courses will be specified in the Subcontract documents. Subcontractor costs for the training are reimbursable under the Subcontract to the extent that the costs are identified in the offeror’s proposal and incorporated into the resulting Subcontract.

The selected offeror may not commence any work performed at an LBNL worksite until the subcontract has been awarded and signed, the subcontractor submits an acceptable Site Specific Safety Plan, IIP, and Job Hazards Analysis (JHAs), as required by the LBNL Environment, Health & Safety (EH&S) Operations Support Team, and the University Procurement Representative issues a written Notice to Proceed. In addition site work will not be allowed to begin, until the selected offeror submits and the University accepts the following documents:

● Insurance Certificates, endorsement, or other documentation confirming the insurance coverage

● Payment and Performance Bonds

The selected offeror will be provided instruction on submittal of such documents.

3.14 Hazardous Material Identification and Safety Data

The offeror must include in its proposal a list of any hazardous material to be delivered or used on-site under the Subcontract. Hazardous material, as used herein, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the Subcontract). The list must be similar to the sample list below. The hazardous material must be properly identified and include any applicable identification numbers, such as National Stock Number or Special Item Number. This information must also be included on the Safety Data Sheets (SDS).

SAMPLE LIST

Hazardous Material (If none, insert None)

Identification No.

The selected offeror must make available to the University, upon request, SDS meeting the requirements of 29 CFR 1910.1200 and the latest version of Federal Standard No. 313, for all hazardous material http://www.lbl.gov/ehs/pub3000/ identified in the list provided pursuant to this instruction. Failure to have SDS that meet these requirements may result in the selected offeror being considered nonresponsive and ineligible for award.

The selected offeror, by acceptance of the resulting Subcontract, certifies that the list provided pursuant to this instruction is complete. This list must be updated prior to award or during performance of the Subcontract whenever any other hazardous material is to be delivered under the Subcontract. After award, the selected Offeror will be required to comply with FAR Clause 52.223-3, Hazardous Material Identification and Material Safety Data, including its Alternate I.

3.17 EEO Pre-Award Compliance Certification

An award in the amount of $10 million or more will not be made under this solicitation unless the selected offeror and each of its known first-tier subcontractors to whom it intends to award a subcontract of $10 million or more are found, on the basis of a compliance review conducted by the responsible government agency, to be able to comply with the provisions of the Equal Opportunity clause in the General Provisions of the Sample Subcontract.

If the offeror’s proposal is valued at $10 million or more, and the offeror is not listed in the Office of Federal Contract Compliance Programs (OFCCP) National Pre-Award Registry, available on the internet at https://www.dol.gov/agencies/ofccp/pre-award, or otherwise exempt from this requirement, then the offeror shall complete and submit with its proposal the attached EEO Pre-Award Compliance Certification, along with the information stipulated in the form (reference the Business Volume, Section 3.3.2).

3.18 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 salient 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 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 to 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.

3.21 Ensuring Adequate COVID-19 Safety Protocols

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

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

(DEVIATION). This clause implements Executive Order 14042, Ensuring Adequate COVID Safety https://www.dol.gov/agencies/ofccp/pre-award

Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

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

3.22 Sustainability-Related Requirements

LBNL’s Sustainable Acquisition Program is subject to several interacting initiatives and Federal and DOE requirements related to sustainability, including Recycled Content Products (EPA Designated Products), Biobased (BioPreferred®), energy efficient products (EnergyStar®), environmentally preferable and energy efficient electronics (EPEAT®), Federal Energy Management Program (FEMP), Non-Ozone Depleting Alternative Products (SNAP) and Water Efficient Plumbing Products (EPA Watersense).

The selected offeror must deliver products…