RFP PR398739 - For Posting.pdf

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Cobalt-60 Irradiator
Solicitation number
PR398739
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About this file

This is a Request for Proposal (RFP) from Oak Ridge National Laboratory (ORNL) for a Cobalt-60 Irradiator. The RFP seeks a vendor to design, fabricate, inspect, test, deliver, and install a gamma irradiation device for ORNL's Fusion and Fission Energy and Science Directorate. The solicitation is issued on a competitive basis with a firm fixed price subcontract anticipated, and no small business set-aside.

Key details include RFP Number PR398739, issued on August 9, 2023, with questions due by September 4, 2024, and proposals to be submitted to Procurement Officer Genna Pence. The proposal evaluation will use a best value tradeoff method, with technical factors weighted most heavily, followed by management, past performance, exceptions, and cost/price. The RFP includes extensive technical, management, and safety requirements, with specific provisions for radiation safety, electrical work, hoisting, and noise exposure. Payment terms are net 30 days, with all payments made in U.S. dollars via electronic funds transfer.

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REQUEST FOR PROPOSAL (RFP)

RFP No.: PR398739

Request for Proposal

BSD-CS-2282

August 9, 2023

REQUEST FOR PROPOSAL (RFP)

1. INTRODUCTION

Date: 08/21/2025 RFP No.: PR398739 RFP Description: Cobalt-60 Irradiator RFP Closing Date and Time:

Offeror Name:

Offeror Address:

Attention POC:

Cc:

Subject: RFP for the ORNL Fusion and Fission Energy and Science Directorate In Response Refer to: RFP No. PR398739 – Gamma Irradiator

Questions: All questions must be submitted in writing to pencegl@ornl.gov no later than 4:00 pm EST 09/04/2024.

ORNL Procurement Officer: Genna Pence Phone: (865)341-4644 Email: pencegl@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: PR398739 Offers Due By: (DATE) at (TIME) mailto:pencegl@ornl.gov

BSD-CS-2282

August 9, 2023

Offer Validity Period: 120 days NAICS Code: 541715 Research and Development in the Physical, Engineering, and Life Sciences / 1,000 Employees size standard

Subcontract Type Anticipated: Firm Fixed Price Small Business Set-Aside: No Description of Supplies/Services Sought: Cobalt-60 Irradiator - The statement of work (SOW) applies to the design, fabrication, inspection, testing, delivery and installation of a gamma irradiation device. The irradiator shall be manufactured in accordance with the technical and performance specifications.

Anticipated Subcontract Period of Performance: TBD ORNL Procurement Representative: Genna Pence (pencegl@ornl.gov)

3. LIST OF RFP ATTACHMENTS

Attachment No. Description Document Title (Date/Revision)

Attachment A ORNL Terms and Conditions

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 Statement of Work (SOW)/ Technical Specification Cobalt-60 Irradiator

Attachment D Representations and Certifications

Representations & Certifications – Abbreviated (BSD- CS-2260, dated 05/18/2023)

4. STATEMENT OF WORK/SPECIFICATIONS

“Cobalt-60 Irradiator” dated May 16, 2025 (Pages 1 through 17 of 17) Attached.

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.

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/2023/05/Reps-and-Certs-Abbreviated-5.18.2023.pdf https://contracts.ornl.gov/wp-content/uploads/2023/05/Reps-and-Certs-Abbreviated-5.18.2023.pdf

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August 9, 2023

(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 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.

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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

(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:

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

BSD-CS-2282

August 9, 2023

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. 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 5:00PM EST on (DATE). All proposal documents shall be sent to the attention of Genna Pence via email at pencegl@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.

BSD-CS-2282

August 9, 2023

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 25 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:

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.

Principal Investigator (PI)/Project Director. List the name of the Principal Investigator/Project Director responsible for overall implementation of the contract and key contact for technical aspects of the project. Even though there may be co-investigators, identify the Principal Investigator/Project Director who will be responsible for the overall implementation of any awarded contract. 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 investigators/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.

BSD-CS-2282

August 9, 2023

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:

• 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.

The cost breakdowns shall identify the following information: direct labor, subcontracts, travel, materials and equipment, other direct costs, indirect expenses, and fee or profit.

Labor. All direct labor by labor category, hours, and fully burdened labor rates. Identify each subcontractor labor category and include a brief job description and minimum education and experience requirements for each subcontractor labor category proposed. If the period of performance is for more than one year, show the information for each year proposed. Please identify all Key Personnel proposed.

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.

BSD-CS-2282

August 9, 2023

Travel. Include details on number of trips, purpose of trips, number of travelers, origin and destination of traveler, number of days of travel, airfare costs, lodging costs, meals and incidental costs, automobile rental costs, parking expenses, and/or POV mileage and applicable rates. All travel costs are to be in accordance with the Federal Travel Regulation FAR 31.205-46 as cited under US Government Joint Travel Regulation (JTR) guidelines. Travel costs will not be fee-bearing and may include G&A only.

Materials and Equipment. Include a breakdown of each item along with supporting documentation for prices proposed; e.g., quotes from suppliers and/or catalog cut sheets with pertinent pricing.

Other Direct Costs. The Offeror shall submit complete details of how "other direct costs" (ODCs) were derived.

Fee or Profit. The Offeror shall submit a presentation of the details of its proposed profit/fee in the weighted guidelines format as described in DFAR 215.404-71, or use a similar structured approach.

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:

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/.

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

BSD-CS-2282

August 9, 2023

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) 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 Factor 2: Management Factor 3: Past Performances Factor 4: Exceptions Factor 5: Cost/Price 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/ https://contracts.ornl.gov/exhibits/

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1. Technical Approach The Company will evaluate the offeror's Technical Approach based on its demonstrated technical approach to accomplishing the SOW objectives and the requirements.

The Company will evaluate the offeror's Technical Approach to determine the clarity and completeness of its technical approach; the degree to which the offeror demonstrates adequate knowledge and experience to complete the SOW the degree to which it offers and proposes innovative thought in the evaluation and assessment of the specific hydropower technologies and inter-relationship with grid flexibility services, and the degree to which it reflects the appropriate experience required to conduct, and manage performance based work schedules and cost control procedures throughout the contract period of performance.

2. Management Approach The Company will evaluate the effectiveness of the offeror's Management Approach to perform the contract and achieve the objectives in the SOW. The following elements will be considered in arriving at a rating but will not be separately rated: Contract Management, Key Personnel, and performance management.

3. Present and Past Performance The Company will evaluate the offeror's performance under present and past contracts for projects of similar size, scope, and complexity to the requirements in the SOW that have been completed within the past five (5) years.

The Present and Past Performance criterion will be evaluated as favorable, unfavorable, or neutral. In the case of an offeror without a record of relevant present and past performance or for whom information on relevant present and past performance is not available, the offeror will be evaluated neither favorably nor unfavorably on present and past performance and shall receive a neutral rating.

8. SPECIAL PROVISIONS

(The following can be found at https://contracts.ornl.gov/special-articles-and-forms/)

Buy American Certification -BSD-CS-2292 (06/2025)

Confidentiality of Information (06/2007)

Cost Accounting Standards Notices and Certifications (02/2023)

Cost Accounting Standards – Clauses BSD-CS-2040 (09/27/2018)

Individual Conflicts of Interest (07/2006)

Organizational Conflicts of Interest (07/2010)

Small Business Subcontracting Plan Form (04/2024)

Additional QA/H&S Requirements are as follows:

Dosimetry (July 22, 2019):

Seller must submit completed AHA form https://contracts.ornl.gov/activity-hazard-analysis-aha/ The seller must ensure that employees whose work involves routine access to Radiological Areas, as defined by 10 CFR 835, receive appropriate Company provided radiation safety training and wear Company provided personnel https://contracts.ornl.gov/special-articles-and-forms/ https://contracts.ornl.gov/wp-content/uploads/2025/08/Buy-American-Certification-BSD-CS-2292-1.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/confidentiality-info-ext-jun07.pdf https://contracts.ornl.gov/wp-content/uploads/2023/03/BSD-CS-2039-Cost-Accounting-Standards-Notices-and-Certification-Feb-2023.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/cost-accounting-standards-clauses-ext-BSD-CS-2040.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/ind-conflict-interest-ext-july06.pdf https://contracts.ornl.gov/wp-content/uploads/2021/01/org-conflict-int-clause-ext-july10.pdf https://contracts.ornl.gov/wp-content/uploads/2024/04/SB-subcontracting-plan-form-ext-BSD-CS-2129.pdf

BSD-CS-2282

August 9, 2023 dosimeters (for the purpose of monitoring potential external radiation exposure) before being permitted unescorted access to designated areas managed for radiological protection.

The Sellers employees who perform work in designated Contamination Areas or High Contamination Areas may be required to participate in the Company provided Radiobioassay program (for the purpose of monitoring potential internal radiation exposure).

Failure to return external dosimeters on a quarterly basis or at the termination of their assignment be a violation of the terms of the contract. Failure to provide urine samples or satisfy whole body count appointments as requires will be a violation of the terms of the contract.

Electrical - Post Receipt Field Evaluation (July 22, 2019):

For electrical equipment, assemblies or items that are not NRTL listed or field evaluated by an OSHA Recognized NRTL (https://www.osha.gov/dts/otpca/nrtl/), the Seller shall provide documentation to assist the Company with safety inspections and evaluations of the equipment, assembly or item.

Documentation shall be submitted with the equipment and shall include the following:

1. Schematics and/or elementary diagrams.

2. Wiring diagrams, if applicable.

3. Detailed results of factory tests. Certificates of compliance or conformity alone are not acceptable.

4. Operating instructions.

The Company will use the submitted information to conduct a post-receipt safety evaluation of the equipment, assembly or item against appropriate code(s) and standard(s). The Company may reject the equipment, assembly or item if the Company concludes that it does not satisfy requirements of the applicable code(s) or standard(s).

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

Seller must submit completed AHA form https://contracts.ornl.gov/activity-hazard-analysis-aha/ 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 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 pre- job dialogue on job hazards and controls between the service subcontractor and TPO and/or Company electrical SME.

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

Seller must submit completed AHA form https://contracts.ornl.gov/activity-hazard-analysis-aha/ 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.

Seller must submit completed AHA form https://contracts.ornl.gov/activity-hazard-analysis-aha/ Control of hazardous energy sources that require lockout/tagout will be managed (i.e., identified, assessed, and controlled) by the Company. The Seller is required to follow OSHA (as applicable through 10 CFR 851.23) and NFPA 70E requirements for hazardous energy control which require the Seller to establish a written hazardous energy control process and train employees. These requirements also apply to a single source of hazardous energy.

BSD-CS-2282

August 9, 2023

Seller shall comply with the requirements of 29 CFR 1910.147 for servicing and maintenance when the unexpected energization or release of stored energy could cause injury. Work requiring the control of sources of hazardous energy shall follow the applicable OSHA and NFPA requirements, e.g. 29 CFR 1910.147, 1910.269, 1910.333 and NFPA 70E.

Planned work involving forms/sources of hazardous energy, e.g. electrical, pneumatic, hydraulic, mechanical, etc. shall be addressed by a procedure that specifies how those forms of hazardous energy will be properly controlled by lockout/tagout (LO/TO).

Prior to beginning work, the following requirement(s) shall be observed by Seller (as applicable to the task):

1) Lockout/Tagout required by an outage of a portion of the [external] electrical distribution system shall be coordinated by ORNL Utilities.

2) Lockout of any permanently wired component, equipment, or system served by a facility's internal distribution system must be coordinated with the Technical Project Officer or their designated representative. The need to de-energize a disconnect switch or circuit breaker is a typical example of this. Note: This requirement does not apply to equipment that is supplied exclusively by flexible cord and plug that is under the exclusive control of the employee performing work.

3) Method for verifying zero energy isolation of electrical circuits must be performed in accordance with applicable NFPA 70E requirements (see Electrical section).

Physical Hazard – Noise (July 22, 2019):

Seller must submit completed AHA form https://contracts.ornl.gov/activity-hazard-analysis-aha/ The Seller shall comply with the program requirements found in 29 CFR 1910.95 Occupational Noise Exposure. The Seller's Hearing Conservation Program shall be made available to the Company upon request.

Seller shall comply with the noise Threshold Limit Value (TLV) in the 2016 edition of American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLV) and Biological Exposure Indices (BEI) booklet, and shall use the ACGIH 3db exchange rate for monitoring purposes.

Seller is responsible for conducting initial baseline and ongoing exposure monitoring to ensure compliance with the occupation exposure limits.

Ensure the requirements described in the attached “Statement of Work: COBALY-60 IRRADIATOR" are met.

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.

10. CLOSING

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

Sincerely, Genna Pence Phone: (865)341-4644 Email: pencegl@ornl.gov mailto:pencegl@ornl.gov

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