RFP PR255651 Dilution Refrigerator.pdf

REQUEST FOR PROPOSAL (RFP)

RFP No.: PR255651

Request for Proposal

BSD-CS-2282

August 9, 2023

REQUEST FOR PROPOSAL (RFP)

1. INTRODUCTION

Date: 04/03/2024 RFP No.: PR255651 RFP Description: Dilution Refrigerator RFP Closing Date and Time:

Subject: RFP for the ORNL Neutron Scattering Division In Response Refer to: RFP No. PR255651 – Dilution Refrigerator

ORNL Procurement Officer: Bill Mitchum Phone: (865) 341-2745 (o), (865) 313-0985 mobile Email: mitchumwc@ornl.gov

Oak Ridge National Laboratory (ORNL) is the largest US Department of Energy (DOE) science and energy laboratory, conducting basic and applied research to deliver transformative solutions to compelling problems in energy and security.

ORNL is managed and operated by UT-Battelle, LLC (UT-B). ORNL’s diverse capabilities span a broad range of scientific and engineering disciplines, enabling the Laboratory to explore fundamental science challenges and to carry out the research needed to accelerate the delivery of solutions to the marketplace.

Oak Ridge National Laboratory (ORNL), herein referred to as “Buyer,” is pleased to invite your company, herein referred to as “Offeror,” to submit a proposal in support of the subject effort, as outlined in the attached Statement of Work or Specification and/or Technical Direction attached.

Buyer reserves the right to update this RFP by amendment prior to date of award.

The Offeror’s proposal shall be prepared in accordance with the information provided in this RFP. Specific responses to the Buyer's requirements are necessary to enable the Buyer to evaluate Offeror’s understanding of, and capability to accomplish the stated objectives. Throughout the proposal, the Offeror shall provide sufficient detail to substantiate the validity of all stated claims, comments, or positions. All proposed concepts must be shown to be technically feasible and achievable within the allotted time limitations, and all performance and schedule requirements must be shown to be realistic. The response shall correspond to the requirements of this RFP, unless otherwise specified in writing by the Buyer.

2. RFP INFORMATION

Solicitation Number: PR255651 Offers Due By: 04/19/2024 at 5 p.m. EDST Offer Validity Period: 120 days NAICS Code: 334516 Analytical Laboratory Instrument Manufacturing, Size

Standard 1,000 employees Subcontract Type Anticipated: Fixed Price Small Business Set-Aside: No Description of Supplies/Services Sought: Fabrication and delivery of a cryogen free, bottom-loaded

Dilution Refrigerator System for use at the High Flux Isotope Reactor (HFIR) in the neutron scattering user program, BSD-CS-2282

August 9, 2023 particularly in the POWDER (HB2A) Instrument. This compact refrigerator shall be capable of continuous operation with base temperature less than 50 mK, with a cooling power of more than 200 μW at 100 mK.

ORNL Procurement Representative: Bill Mitchum

3. LIST OF RFP ATTACHMENTS

Attachment No. Description Document Title (Date/Revision)

Attachment A ORNL Terms and Conditions Terms and Conditions – Fixed Price – BSD-CS-2150 (08/29/2023)

Attachment B Prime Contract T&C Flow Downs

UT-Battelle Prime Supplemental Flowdown document additional terms and conditions for subcontracts/purchase order under Prime Contract No. DE-ACO5-00OR22725

Attachment C Technical Specification (including Compliance Table) HB2A Dry Fridge Proposal_rev1

Attachment D Representations and Certifications

Representations and Certifications – Abbreviated (11/2023)

Attachment E Drawing 3HE_5-SAMPLE_PLATE Attachment F Drawing DRY_DR_DIMENSIONS

4. STATEMENT OF WORK/SPECIFICATIONS

Technical Specification is Attachment C, HB2A Dry Fridge Proposal_rev1, dated February 2024.

5. PROPOSAL PREPARATION

Preparation of Offers. (a) Offerors are expected to examine the drawings, specifications, descriptions, terms and conditions, and all instructions. Failure to do so will be at the Offeror's risk. (b) Each Offeror shall furnish the information required by the solicitation. The Offeror shall sign the offer. Erasures or other changes must be initialed by the person signing the offer. (c) Unit price for each unit offered shall be shown and such price shall include packing unless otherwise specified. A total price shall be entered for each item offered. In case of discrepancy between a unit price and total price, the unit price will be presumed to be correct. (d) Offeror must state a definite time for delivery of supplies or performance of services unless otherwise specified in the solicitation. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. (e) Offers in strict accordance with the solicitation are desired. Any exceptions should be referenced to related documents by title, page, and paragraph, and should be set forth in detail.

(f) This request does not commit ORNL to pay for any costs incurred in the preparation and submission of an offer or for any other costs incurred prior to the execution of an Agreement.

Explanation to Prospective Offerors. Any explanation desired by a prospective Offeror regarding the meaning or interpretation of the solicitation, drawings, specification, etc., must be requested with sufficient time allowed for a reply to reach all prospective Offerors before submission of their offers. Any information given to a prospective Offeror https://contracts.ornl.gov/terms-and-conditions/ https://contracts.ornl.gov/wp-content/uploads/2023/10/G_ORNLProcurementFixedPrice.pdf https://contracts.ornl.gov/wp-content/uploads/2023/10/G_ORNLProcurementFixedPrice.pdf https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/wp-content/uploads/2023/11/Prime-Flowdown-Clauses-11.29.2023.pdf https://contracts.ornl.gov/wp-content/uploads/2023/11/Prime-Flowdown-Clauses-11.29.2023.pdf https://contracts.ornl.gov/wp-content/uploads/2023/11/Prime-Flowdown-Clauses-11.29.2023.pdf https://contracts.ornl.gov/wp-content/uploads/2023/11/Prime-Flowdown-Clauses-11.29.2023.pdf https://contracts.ornl.gov/wp-content/uploads/2023/11/Reps-and-Certs-Abbreviated-11.15.2023-1.pdf https://contracts.ornl.gov/wp-content/uploads/2023/11/Reps-and-Certs-Abbreviated-11.15.2023-1.pdf

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August 9, 2023 will be furnished to all prospective Offerors if such information is necessary in submitting offers or if the lack of such information would be prejudicial to any other prospective Offerors.

Proposal Format. Offeror is requested to submit their proposal in MS Excel, MS Word, or PDF formats. Proposals must be submitted on the forms furnished by the Buyer. If no form is provided, Offeror may submit their proposal in a format of their choosing.

Contractual / Administrative Authority. No direction to proceed or other instruction to begin work shall be binding upon Buyer except when specifically issued and confirmed in writing by an authorized member of Buyer’s Procurement organization. Offeror’s acceptance of, or reliance upon any direction to proceed or other instruction by Buyer’s technical personnel, or other representatives not specifically authorized to issue formal purchase order commitments, shall be at Offeror’s own risk and shall not constitute a binding purchase commitment upon Buyer.

Acknowledgement of Amendments. Receipt of an amendment to a solicitation must be acknowledged in writing.

Proposal Contact. Any questions regarding any portion of this RFP must be coordinated through the Buyer’s Procurement organization, identified as Buyer’s Contact in the Introduction. No written or verbal correspondence will be permitted with any other member of the ORNL team without coordination through the Buyer’s Procurement organization. Failure to comply with this requirement may result in the Offeror’s disqualification from consideration for award. The Buyer is open to proposal clarification questions/discussions in regard to this RFP via the email address or telephone number provided in the Introduction.

Omissions. It shall be clearly understood that, not-withstanding the detailed requirements contained herein, it is the Offeror’s responsibility to identify and quote any aspect or area which may have been omitted in this RFP and which will nevertheless be necessary to meet the general requirements of the defined effort.

Offeror’s Challenge. In the interest of cost effectiveness, the Offeror is encouraged to challenge specifications and other requirements that, in its judgment, provide little value in consideration of cost. Further, the Offeror is invited to suggest practical performance incentives that may be introduced to the advantage of both Offeror and Buyer.

Proposal Acceptance. Buyer reserves the right to (a) consider proposals or modifications to proposals received after the due date should such action be determined to be in the best interest of Buyer or its customer, and/or (b) make award without written or oral discussion.

Affordability. This effort is in support of the U.S. Government, who has a vital mission and constrained resources, and it is incumbent upon industry to provide our customer with high quality and affordable solutions. ORNL considers this challenge to be a major discriminator in our ability to win and retain business based upon proven performance and demonstrated value to our customers. ORNL has developed a number of initiatives to drive value for our customer and we expect our partners in our supply chain to do the same. It is requested as part of your proposal in response to this RFP that you articulate and demonstrate specifics in your offer that are affordable and meet or exceed all technical and schedule requirements. Your response to these criteria will be an element of the ORNL proposal evaluation and award decision process.

Order of Precedence. Any inconsistencies between sections of this RFP shall be resolved in accordance with the following descending order of precedence: (1) This RFP; (2) UT-B Prime Flow Downs; (3) ORNL Terms and Conditions;

(4) Special Provisions listed within this RFP; (5) Statement of Work/Technical Specifications.

Payment. Payment shall be made by electronic funds transfer. The form for enrolling is available at http://web.ornl/adm/contracts/eft.shtml.

http://web.ornl/adm/contracts/eft.shtml

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August 9, 2023

Rights to Technical Data in Successful Proposals. Should an Agreement be awarded based on a proposal, it is policy, in consideration of the award, to obtain unlimited rights for the Government in technical data (but not commercial or financial information) contained in a successful proposal upon which award of an Agreement is based. To exclude technical data contained in a proposal from the Government’s rights, the offer must:

(1) Advise the Buyer that the technical data, or portions thereof that are identified by the Offeror, are covered by the restrictive notice regarding the disclosure and use of proposal information in accordance with the provision of this RFP entitled Treatment of Offer Information and request that such protection be maintained by excluding the data from the Government’s rights; or

(2) Establish to the Buyer’s satisfaction that identified portions of the technical data do not relate directly to or will not be utilized in the work to be performed under the Agreement, and request that such portions be excluded from the Government’s rights.

If unlimited rights to technical data in successful proposals, as set forth in the first paragraph of this section are to be acquired, it shall be by use of the clause below titled, “Rights to Proposal Data (Technical).” Any excluded technical data will be identified by inserting appropriate proposal page numbers in the clause, which clause enables the identification of data to be excluded from the Government’s rights, as discussed in the first paragraph of this section. Such exclusion is not dispositive of the protective status of the data, but any excluded technical data, as well as any commercial and financial information contained in the proposal, will be used for evaluation purposes only. If there is a need to have access to any of the excluded technical data during contract performance, their acquisition will be as limited rights data, if they so qualify, in accordance with FAR 27.404(d).

Rights to Proposal Data (Technical) Except for data contained on pages _______, it is agreed that as a condition of the award of this subcontract and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the “Rights in Data – General” clause contained in this subcontract in and to the technical data contained in the proposal dated, _______, upon which this subcontract is based.

Treatment of Offer Information. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Company or the Government except for evaluation purposes, shall:

(a) Mark the title page with the following legend:

This proposal includes information that shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, an Agreement is awarded to this Offeror as a result of—or in connection with—the submission of this information, the Company and the Government shall have the right to duplicate, use, or disclose the information to the extent provided in the resulting Agreement. This restriction does not limit the Company’s and the Government's right to use information contained in this information if it is obtained from another source without restriction. The information subject to this restriction are contained in pages [insert numbers or other identification of pages]; and

(b) Mark each page of information it wishes to restrict with the following legend:

Use or disclosure of information contained on this page is subject to the restriction on the title page of this proposal.

Company Profile. Provide a Company Profile to include business classification (e.g. Large, Small, Disadvantaged).

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August 9, 2023

Signing Authority. Signature of official authorized to contractually commit the Offeror; the names, positions, email address, and phone numbers of persons authorized to negotiate this proposal or persons to be contacted for clarification or questions.

Proposal Validity. Statement that identifies proposal validity. Unless otherwise stated in the Offeror’s proposal, the Offeror’s proposal shall be valid for 120 calendar days.

FOB and Shipping Terms. Identify any FOB and Shipping terms.

Offeror Business Information. Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. Identify “parent company” or “sponsoring corporation” name, also provide such identity as appropriate.

Subcontract Type. The proposed subcontract type, if other than the anticipated subcontract type located in Attachment A: ORNL Terms and Conditions.

Options. Buyer shall have the option to purchase additional quantities of items or services described in the Statement of Work/Specifications. The Offeror should include any option prices in the appropriate area of the RFP. It should be understood by the Offeror that the Buyer may not exercise any or all options which are not included in the base award. The award may be made by the Buyer for the initial quantity only. It is important that the foregoing be considered by the Offeror in preparing and submitting separate prices for the initial order quantity and for each individual option. Offers will be evaluated for purposes of award by adding the total price for all option quantities to the total price for the initial quantity. Evaluation of options will not obligate the Buyer to exercise the option(s).

6. COMPETITION

This RFP is being issued on a competitive basis. The Buyer intends to make one award.

Response Due Date. Your response to this request is due on or before 5 p.m.EDST on 04/19/2024. All proposal documents shall be sent to the attention of Bill Mitchum via email at mitchumwc@ornl.gov.

Questions. Questions concerning this RFP must be submitted in writing, via email, to the ORNL Procurement Officer listed in section 2 of this RFP. Information given to one prospective offeror will be furnished to all prospective offerors if lack of the information would be prejudicial to them.

Withdrawal of Offers. Offers may be withdrawn by written notice received at any time before award.

Proposal Package. A complete proposal package consists of the following elements:

Technical Proposal Business Proposal Exceptions/Non-Compliance Conditions of Proposal / Assumptions Supplementary Requirements Completed Compliance Table (provided in Technical Specification)

TECHNICAL PROPOSAL REQUIREMENTS:

The Technical Proposal shall not exceed 40 pages (excluding personnel resumes).

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August 9, 2023

The technical proposal should be specific, detailed, and complete to demonstrate clearly and fully that the Offeror has a thorough understanding of the Buyer’s requirements. The technical proposal must enable the technical evaluators to make a thorough analysis and arrive at a sound determination as to whether or not the proposal meets the Buyer’s requirements. The proposal shall include descriptions sufficient to describe the Offeror’s technical approach. The technical proposal must be sufficient to show how the Offeror proposes to comply with the Buyer’s requirements and it must include a full explanation of the methods proposed. The Offeror shall include a glossary of acronyms and special terminology.

No certified cost or pricing information shall be included in the technical proposal.

The technical proposal must be in the following format:

The technical proposal must include a Table of Contents and a list of any charts, graphs, tables, etc. It should confirm that the Seller shall adhere to the Statement of Work or include any exceptions to the Statement of Work.

Personnel. Describe the experience and qualifications of personnel who will be assigned for direct work on this program. Information is required to show the composition of the task or work group, its general qualifications, and recent experience with similar equipment or programs. Special mention shall be made of direct technical supervisors and key technical personnel, and the approximate percentage of the total time each will be available for this program.

Project Director. List the name of the Project Director responsible for overall implementation of the contract and key contact for technical aspects of the project. Discuss the qualifications, experience, and accomplishments of the Principal Investigator/Project Director. State the estimated time to be spent on the project, his/her proposed duties, and the areas or phases for which he/she will be responsible.

Other Key Personnel. List all other professional personnel who will be participating in the project. Discuss their qualifications, experience, and accomplishments. State the estimated time each will spend on the project, proposed duties on the project, and the areas or phases for which each will be responsible.

Additional Personnel. List names, titles, and proposed duties of additional personnel, if any, who will be required for full-time employment, or on a subcontract or consultant basis. The technical areas, character, and extent of subcontract or consultant activity will be indicated and the anticipated sources will be specified and qualified.

Resumes. Resumes of all key personnel are required. Each must indicate educational background, recent experience, specific or technical accomplishments, and a listing of relevant publications.

Technical Objectives. State the overall objectives and the specific accomplishments you hope to achieve. Indicate the rationale for your plan, and relation to comparable work in progress elsewhere. Review pertinent work already published which is relevant to this project and your proposed approach. This should support the scope of the project as you perceive it.

Technical Approach. Use as many subparagraphs, appropriately titled, as needed to clearly outline the general plan of work. Discuss phasing of research and possible or probable outcome of approaches proposed.

Technical Methods. Describe in detail the methodologies you will use for the project, indicating your level of experience with each, areas of anticipated difficulties, and any unusual expenses you anticipate.

Schedule. Provide a schedule for completion of the work and delivery of items specified in the statement of work.

Performance or delivery schedules shall be indicated for phases or segments, as applicable, as well as for the overall program. Schedules shall be shown in terms of calendar months from the date of authorization to proceed or, where applicable, from the date of a stated event, as for example, receipt of a required approval by the Buyer. Unless the

BSD-CS-2282

August 9, 2023 request for proposal indicates that the stipulated schedules are mandatory, they shall be treated as desired or recommended schedules. In this event, proposals based upon the offeror's best alternative schedule, involving no overtime, extra shift or other premium, will be accepted for consideration.

Facilities and Resources. List/describe all facilities and resources available for this project, including any equipment.

Other Considerations. Record and discuss specific factors not included elsewhere which support your proposal. Using specifically titled subparagraphs, items may include:

• Any agreements and/or arrangements with subcontractor(s). Provide as much detail as necessary to explain how the statement of work will be accomplished within this working relationship.

• Unique arrangements which none or very few organizations are likely to have which is advantageous for effective implementation of this project.

• Equipment and unusual operating procedures established to protect personnel from hazards associated with this project.

• Other factors you feel are important and support your proposed research.

• Recommendations for changing reporting requirements or other deliverables if such changes would be more compatible with the offeror's proposed schedules.

BUSINESS PROPOSAL REQUIREMENTS:

All proposals shall be submitted in U.S. Dollars (USD). If a standard proposal pricing worksheet/form is provided within this RFP, the Offeror shall submit their pricing via the worksheet/form, otherwise, the Offeror may submit their pricing information in their own format.

This proposal may be subject to a Government price audit.

Subcontractors. Include all subcontractor proposals. All subcontracted labor must identify labor category, hours, and fully burdened rates. Identify each subcontractor labor category and include a brief job description and minimum education and experience for each subcontractor labor category proposed. If lower tier subcontractor will travel, furnish equipment, materials, supplies, etc. additional quotations are required.

Milestone Payment Plan. The Buyer may consider a proposed payment plan with the Offeror’s response.

Proposed payments must demonstrate significant progress against the schedule incorporated into the subcontract.

Government Approved Rates. If any of the proposed rates and factors have been accepted or approved by a government agency, the Offeror shall so state and identify the agency, its location, and the date of such acceptance or approval and provide a copy of the approval letter.

All Other Costs Proposed. The Offeror shall submit complete details of any other costs not specifically identified or addressed above. The details shall be presented in a manner that will enable a comprehensive and thorough evaluation to be conducted.

EXCEPTIONS/NON-COMPLIANCE:

Exception(s) to or non-compliance with any portion of this RFP shall be clearly identified in a separate Exceptions/Non-Compliance section referencing the specific document, page, paragraph, and item. Exceptions identified in the Offeror’s Technical Proposal need not be restated in this section. You are requested to explain the reason(s) for the non-compliance and identify any alternate solutions to achieve compliance. Any

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August 9, 2023 exceptions that are taken to the provisions of this RFP will be considered in evaluating the Offeror’s proposal and may result in your offer being deemed non-responsive. The absence of a proposal section entitled “Exceptions/Non-Compliance” or a statement indicating “no exceptions are taken” implies complete and unequivocal acceptance of all requirements, terms, and conditions.

CONDITIONS OF PROPOSAL/ASSUMPTIONS:

The Offeror shall identify any conditions and/or assumptions of its proposal in a separate Conditions of Proposal/Assumptions section. The Offeror shall include a list of any Buyer/Government equipment and/or information needed as a condition of performance. Offeror shall include its assertion of Limited or Restricted Rights in Data and/or Software.

SUPPLEMENTARY REQUIREMENTS:

Representations and Certifications – Abbreviated. If your proposal exceeds $10,000, Offeror must complete and return a copy of the Representations and Certifications – Abbreviated (BSD-CS-2260) form, a copy of which can be found here: https://contracts.ornl.gov/special-articles-and-forms/.

Organizational Conflicts of Interest. If your proposal exceeds $250,000 and the Special Provisions section of this RFP includes the "Organizational Conflicts of Interest" clause, the statement required by paragraph (c) of the provision entitled "Organizational Conflicts of Interest Disclosure - Advisory and Assistance Services," is made a part of this RFP. A copy of these OCI disclosure statement requirements for Advisory and Assistance Services can be found here:

https://contracts.ornl.gov/special-articles-and-forms/.

Small Business Subcontracting Plan. If your offer, including options, is $700,000 or more and the Offeror is a large business, the Offeror shall submit a Small Business Subcontracting Plan that fully meets the requirements of FAR 52.219-9 or complete the ORNL Small Business Subcontracting Plan Form (BSD-CS-2129). A copy of this form can be found here: https://contracts.ornl.gov/special-articles-and-forms/. Annual small business reporting will be required via the Electronic Subcontracting Reporting System (http://www.esrs.gov).

Cost Accounting Standards. If you offer exceeds $2 million, return a completed copy of the Cost Accounting Standards (CAS) Notices and Certification form (BSD-CS-2039). A copy of this form can be found here:

https://contracts.ornl.gov/special-articles-and-forms/.

Certified Cost and Pricing Data. Offerors are not required to submit certified cost or pricing data with their offer; however, such data may be requested by the Buyer prior to award.

EEO Pre-award Clearance Request. If your proposal exceeds $10 million, Offeror shall submit a copy of the EEO Pre-award Clearance Request form (BSD-CS-2046) with items 3, 4, 8, and 9 completed. A copy of this form can be found here: https://contracts.ornl.gov/special-articles-and-forms/. (Prospective awardees of subcontracts of $10 million or more are subject to pre-award compliance evaluations by the Office of Federal Contract Compliance Programs (OFCCP), unless within the preceding 24 months OFCCP has conducted an evaluation and found the prospective awardee to be in compliance with Executive Order 11246.)

Foreign End Products. The Offeror shall list as foreign end products those end products that are manufactured outside of the United States that do not qualify as domestic end products. List all foreign end products proposed and their country of origin.

Patent Rights. If the Special Provisions section of this RFP includes either the "Exhibit IB, Patent Rights – Acquisition by the Government" or the "Exhibit 1C, Patent Rights - Retention by the Seller (Short Form)" clause, and you have requested an advance waiver of patent rights, Offeror shall submit a copy of the form (attachments are not necessary) https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/special-articles-and-forms/ http://www.esrs.gov/ https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/special-articles-and-forms/

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August 9, 2023 that you submitted to the DOE Patent Counsel. (See the form entitled "Exhibit 2B - Petition for Advance Waiver of Patent Rights" found here: https://contracts.ornl.gov/exhibits/.)

7. BASIS OF AWARD

Basis of Award – Best Value (Tradeoff). An award resulting from this RFP will be made to the responsible offeror that submits a proposal that is determined to provide the best value to the Company considering both technical merit and cost/price. The technical evaluation process consists of the proposals being reviewed, evaluated and rated using a graded system that assesses the degree of compliance with the Technical Criteria requirements and the level-of-performance risk. The Evaluation Factors are listed below, and are listed in descending order of importance:

EVALUATION FACTORS

Factor 1: Technical Design Factor 2: Fabrication Plan/Schedule Factor 3: Company Experience/Past Performance Factor 4: QA Program

1. Technical Design The Company will evaluate the Offeror's proposal on the basis of overall technical performance and determine if the requirements stated in the specification have been satisfied. The Company will consider design and evaluate which delivers the best overall performance for the overall system, taking into account places where the specification is exceeded as well as places where the specification is met with modification or not met. The overall impact of the design to the performance of the POWDER instrument will be assessed. Each Offeror's proposal shall contain detailed information needed to evaluate the design. Any other information of a technical nature, which the Offeror believes will aid in the evaluation of the proposal, may be included.

2. Fabrication Plan/Schedule The Company will determine the Offeror's schedule of meeting the requirements of the specification, and review the Key Personnel proposed, Key Subcontractors, and other requirements of this procurement. The Company will assess the impact of the proposed schedule (primarily the final design drawing and delivery dates) on the POWDER instrument user’s experiments schedule.

3. Company Experience/Past Performance The Company will evaluate the Offeror's proposal to determine past performance. The Offeror must have successfully completed 1 project of similar scope or complexity within the last 5 years based upon the references that Offeror provides. Past performance will be reviewed to determine the level of success and customer satisfaction achieved on previous project as related by references and other information sources, including the quality of service, ability to meet deliverable deadlines, and control and management of costs. The Company may solicit, at its discretion, from available sources relevant information concerning past performance and experience for use in the evaluation process.

Include the following information for one or more projects completed in the past 60 months.: (A) Name of customer,

(B) Contract Number, (C) Contract type, (D) Contract price or estimated cost, (E) Performance dates, (F) A copy of the SOW that you performed, (G) Name and telephone number of customer's contracting officer, (H) Discussion of quality of product/service provided on this contract, (I) Discussion of ability to meet contract deadlines, (J) Discussion of methods to control and manage costs on this contract, (K) Discussion of the correlation between past work performed on this contract and the feasibility of success with your proposed technical approach as it relates to the specification.

https://contracts.ornl.gov/exhibits/

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4. QA Program The Company will evaluate the Offeror's Quality Assurance (QA) Program or an approved standard operating procedure to determine if it demonstrates sufficient rigor to accomplish the requirements of this procurement. If determined necessary by the Company in order to verify or complete its evaluation, any Offeror may be subject to an on-site inspection to review the vendor's quality assurance program or standard operating procedures and confirm that the Offeror/Offeror's subcontractors possess the expertise, facilities, and equipment sufficient to fabricate the components as required to the Specification and Drawings.

Offeror shall provide a copy of their Quality Assurance Program Manual or approved standard operating procedures.

8. SPECIAL PROVISIONS

• Exhibit 5, Patent Indemnity (04/84)

• Exhibit 9, Technical Data (06/11)

• Exhibit 17, Rights to Proposal Data (Technical) (10/91)

• Milestone Payment (05/2010)

• Special Tooling (01/2006)

9. PAYMENT TERMS

Payment terms are Net 15 or Net 30 days (dependent on business size) upon final acceptance of the product/service.

All payments will be made in U.S. Dollars (USD). Payment shall be made by electronic funds transfer.

10. CLOSING

Should additional information be required on any of these requests please do not hesitate to contact the undersigned Procurement Officer below.

Sincerely, Bill Mitchum Phone: (865) 313-0985 Email: mitchumwc@ornl.gov https://contracts.ornl.gov/wp-content/uploads/2021/01/Exhibit-5-Patent-Indemnity-05-31-2005.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/Exhibit-9-Technical-Data-06-16-2011.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/Exhibit-17-Rights-to-Proposal-Data-Technical-07-18-2005.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/milestone-payment-ext-may10.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/special-tooling-ext-jan06.pdf