RFP PR338372.pdf

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Low Temperature Scanning Tunneling Microscope Amendment 1
Solicitation number
PR338372
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This is a Request for Proposal (RFP) issued by Oak Ridge National Laboratory (ORNL) for a Low Temperature Scanning Tunneling Microscope. The RFP (No. PR338372) has a submission deadline of January 8, 2025 at 12pm EST, with an anticipated one-year period of performance from date of award. This is a firm-fixed-price procurement that is not set aside for small businesses, falling under NAICS code 334516 (Analytical Laboratory Instrument Manufacturing).

The evaluation will be conducted on a best value basis with technical factors being more important than cost. Key evaluation criteria include technical capabilities and understanding of specifications, prior performance (requiring at least three distinct examples of scanning tunneling microscopy with the referenced microscope in peer-reviewed literature), and schedule compliance with the 12-month delivery requirement. Proposals must include both technical and cost components, with technical proposals limited to 10 pages excluding resumes. The procurement will be made on a competitive basis with one intended award. All proposals must be submitted in U.S. dollars, with payment terms of Net 30 days upon final acceptance. Responses should be submitted to Amina Sophia Khaliq (khaliqas@ornl.gov) at ORNL, which is managed by UT-Battelle, LLC for the Department of Energy.

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REQUEST FOR PROPOSAL (RFP)

RFP No.: RFP PR338372

Request for Proposal

BSD-CS-2282

August 9, 2023

REQUEST FOR PROPOSAL (RFP)

1. INTRODUCTION

Date: December 18, 2024 RFP No.: RFP PR338372

RFP Description: Low Temperature Scanning Tunneling Microscope RFP Closing Date and Time: 12pm EST on January 8, 2025

Subject: RFP for the ORNL Physical Sciences Directorate In Response Refer to: RFP No. RFP PR338372– Low Temperature Scanning Tunneling Microscope

ORNL Procurement Officer: Amina Sophia Khaliq Phone: 865-574-6143 Email: khaliqas@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: PR338372

Offers Due By: 1/8/2025 at 12pm EST

Offer Validity Period: 120 days

NAICS Code: 334516 – Analytical Laboratory Instrument Manufacturing – 1,000 employees

Subcontract Type Anticipated: Firm Fixed Price

Small Business Set-Aside: No

Description of Supplies/Services Sought: Low Temperature Scanning Tunneling Microscope

Anticipated Subcontract Period of Performance: Award – 1 year after award

ORNL Procurement Representative: Amina Sophia Khaliq (khaliqas@ornl.gov)

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3. LIST OF RFP ATTACHMENTS

Attachment No.

Description Document Title (Date/Revision)

Attachment A ORNL Terms and Conditions Terms and Conditions – Fixed Price (8/29/2023)

Attachment B Prime Contract T&C Flow Downs

UT-Battelle Prime Supplemental Flowdown Document [Additional Terms and Conditions for Subcontracts/Purchase Orders under Prime Contract No. DE-AC05-00OR22725] (BSD-CS-2258)

Attachment C Technical Specification Specification - Low Temperature Scanning Tunneling Microscope

Attachment D Representations and Certifications

Representations & Certifications – Abbreviated (BSD- CS-2260, dated 11/21/2024)

Attachment E Exhibit 2 Exhibit 2, Representations of Limited Rights Data and Restricted Computer Software (07/15)

Attachment F CAS Form Cost Accounting Standards (CAS) Notices and Certification (Feb 2023)

4. SPECIFICATIONS

Refer to Attachment C – Specification.

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 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 https://contracts.ornl.gov/terms-and-conditions/ https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/wp-content/uploads/2024/11/Reps-and-Certs-Abbreviated-11.21.2024.pdf https://contracts.ornl.gov/wp-content/uploads/2024/11/Reps-and-Certs-Abbreviated-11.21.2024.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/Exhibit-2-Representation-of-Limited-Rights-Data-and-Restricted-Computer-Software-07-21-2015.pdf https://contracts.ornl.gov/wp-content/uploads/2023/03/BSD-CS-2039-Cost-Accounting-Standards-Notices-and-Certification-Feb-2023.pdf

BSD-CS-2282

August 9, 2023 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.

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

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August 9, 2023

(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).

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. Bid shall be Delivery Duty Paid (DDP Oak Ridge, TN).

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.

BSD-CS-2282

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

6. 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:

1. Technical Capabilities, Approach and Understanding of the Specification

This criterion will evaluate whether the Offeror has an understanding and conformity to the technical specification.

2. Prior Performance

This criterion will evaluate Offeror’s Prior Performance.

3. Schedule:

This criterion will evaluate the Offeror's proposed schedule logic to meet or better the period of performance requirement, with previous demonstrated ability to achieve scheduled results. Microscope shall be delivered to

ORNL 1 year after receipt of order.

Each Technical Criteria will be graded based on the following ratings:

(1) Blue - Proposal exceeds the performance or capability requirements necessary for acceptable subcontract performance;

provides little or no risk to the Company.

(2) Green - Proposal meets the performance or capability requirements necessary for acceptable subcontract performance;

provides low to moderate risk to the Company.

(3) Yellow - Proposal marginally meets the performance or capability requirements necessary for acceptable subcontract performance; provides moderate to high risk to the Company.

(4) Red - Proposal fails to meet the performance or capability requirements necessary for acceptable subcontract performance; provides unacceptable risk to the Company.

An overall Technical Rating will also be assigned based on the individual ratings and their relative importance. The overall color rating may include increments represented as plus (+) or minus (-).

In addition to the evaluation of technical criteria, cost/price will also be evaluated. In determining the best value, the total cost/price, including options (if applicable) and other cost factors, is considered to be less important than technical merit.

If applicable, a determination of total cost/price will include, but not be limited to: (1) transportation, (2) travel, (3) coordination of contract performance, and (4) technical interface challenges.

We may solicit information concerning your record of performance and use it in evaluation.

7. 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 12pm EST on January 8, 2025. All proposal documents shall be sent to the attention of Amina Sophia Khaliq via email at khaliqas@ornl.gov.

Access to ORNL Site. Vendor personnel may come onto the ORNL site only if they have a current ORNL badge or a visitor's pass. Persons who need visitors' passes to deliver offers or participate in site visits must provide their e-mail address to the Procurement Officer on a workday at least 24 hours in advance. The Site Administrator will send a link to a secure portal (via-email) where vendor personnel provide the following information: (i) Full name, (ii) employer, (iii) social security number, (iv) date of birth, (v) gender and (vi) country of citizenship. Visitors' passes must be picked up at the Visitor Center, Building 5200. Photo identification is required.

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

✓ Cost Proposal

✓ Exceptions/Non-Compliance

✓ Conditions of Proposal / Assumptions

✓ Supplementary Requirements

TECHNICAL PROPOSAL REQUIREMENTS:

The Technical Proposal shall not exceed 10 pages (excluding personnel resumes).

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:

(1) TABLE OF CONTENTS:

A) Evaluation Criterion 1 - Technical Capabilities, Approach and Understanding of the Specification (Any deviation from the Specification in your bid should be plainly noted and explained)

- Describe the performance of the equipment and detail how the equipment will meet and/or exceed the requirements listed in the specification.

- Present your Company's approach for accomplishing the objectives of the Specification and include a sound rationale or justification for your Company's proposed approach.

mailto:khaliqas@ornl.gov

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- Demonstrate that your Company has a clear understanding of the project goals and objectives, as well as a thorough understanding of the specifications for the piece of equipment.

- Demonstrate that your Company has adequate plans to ensure that the standards will be met

In your proposal, please clearly document how your offer meets or exceeds the above listed acceptability factors. Note and explain any deviation from the specifications. Include specific written responses to items that cannot be met as specified in the specifications.

B) Evaluation Criterion 2 – Prior Performance

- At least three distinct examples of scanning tunneling microscopy with the referenced microscope in the peer-reviewed literature must be provided as part of the offer.

- At least one client reference should be included as part of the offer.

- Provide test results corroborating claimed operating temperature and field, spatial resolution, and spectral resolution.

C) Evaluation Criterion 3 – Schedule

- Provide a schedule for referenced equipment that complies with a delivery date of 12 months after receipt of order.

The technical proposal shall include:

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 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:

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• 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.

COST 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.

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 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:

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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 $750,000 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.

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) 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/.)

8. SPECIAL PROVISIONS

Exhibit 9 – Technical Data (June 2011)

Company Right to Audit The Company shall have the right to examine the records of the Seller as necessary to assure that the prices for the items under this Agreement do not exceed those charged by the Seller to any other customer purchasing the same items in like or comparable quantities.

Electrical - Accessible/Exposed Electrical Hazards (July 22, 2019):

Seller must submit completed AHA form https://web.ornl.gov/adm/contracts/AHA.shtml The Seller shall perform service and maintenance activities employing work practices required for electrical safety by the Occupational Safety and Health Administration (OSHA) in 29 CFR 1910 Subpart S, 29 CFR 1926 Subpart K, and NFPA 70E, Standard for Electrical Safety in the Workplace 2015 Edition.

Maintenance, testing, startup, and repair activities involving the potential for contact with exposed energized electrical circuits or parts shall be performed with the equipment de-energized unless this is 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/exhibits/

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August 9, 2023 infeasible because of diagnostic or operational limitations. To control potential electrical hazards, system components shall be disconnected from their electric energy source(s), with the disconnecting means (power cord and plug, safety switch, etc.) under the control of the service Seller. All stored electrical energy which might endanger personnel through contact (high amperage batteries, capacitors and high capacitance elements, high energy electromagnets, etc.) shall be discharged or safely isolated from the circuit.

Prior to working on or near any energized parts, Seller shall, via the Technical Project Officer (TPO), obtain approval from the Company’s applicable Level II Manager prior to performing the proposed activities. The TPO has responsibility for providing the Subcontractor with approval prior to working on or near any energized part. The TPO responsibility includes ensuring a prejob dialogue on job hazards and controls between the service subcontractor and TPO and/or Company electrical SME.

Submittal Requirement - Activity Hazard Analysis (09-12-2018) Each Safety and Health clause below requires the Seller to submit a completed Activity Hazard Analysis/es (AHA) Form to the Company's Technical Project Officer. Submittal of this form(s) shall take place in advance of physical work performance on site.

The Technical Project Officer is responsible for providing the Seller work authorization.

All AHAs are located at our website: https://contracts.ornl.gov/ under Worker Safety & Health and then Activity Hazard Analysis (AHA).

Chemical Hazard – Cryogens (July 22, 2019):

Seller must submit completed AHA form https://web.ornl.gov/adm/contracts/AHA.shtml and shall address the potential for an oxygen deficiency evaluation when using cryogens in confined locations or areas with limited ventilation.

Seller shall ensure that pressurized containers containing cryogenic material are protected with multiple pressure-relief devices. Seller shall store, ship and handle cryogenic liquids in containers that are designed for the pressures and temperatures to which they may be subjected.

Seller shall ensure that Dewar flasks, which should be used for relatively small amounts of material, have a dust cap over the outlet to prevent atmospheric moisture from condensing and plugging the neck of the tube. Dewar flasks shall not be used for extended periods of time without completely emptying the dewar. Prolonged use can lead to accumulation of explosive liquid oxygen.

Seller shall not fill cylinders and other pressure vessels used for storage and handling of liquified gases to more than 80% of capacity to protect against possible thermal expansion and bursting of the vessel. If it is possible that the temperature of the cylinder may increase to above 30 degrees C (86 degrees F), 60% of capacity shall be the limit.

Seller shall ensure that unprotected body parts do not contact uninsulated vessels or pipes that contain cryogenic liquids. Appropriate eye and face protection shall be used when transferring cryogenic liquids.

Physical Hazard – Hoisting & Rigging/Cranes (July 22, 2019):

Seller must submit completed AHA form https://web.ornl.gov/adm/contracts/AHA.shtml. The Seller shall comply with the requirements of DOE-STD-1090-2011. Seller shall submit a lift plan to the TPO and receive approval of the plan prior to performing hoisting and rigging activities.

9. PAYMENT TERMS

Payment terms are Net 30 days 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.

https://web.ornl.gov/adm/contracts/AHA.shtml

10. CLOSING

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

Sincerely, Amina Sophia Khaliq Email: khaliqas@ornl.gov

File details come from the government source that posted it. Updated .