A_RFP-2023-23076 - RFP Letter Amendment No. 1.pdf

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 1 of 13

National Renewable Energy Laboratory Managed and Operated by the Alliance for Sustainable Energy, LLC

Request for Proposals (RFP) Number RFP-2023-23076

“Field Test Laboratory (FTLB) Microbial Energetic Laboratory”

CONSTRUCTION SERVICES

The Alliance for Sustainable Energy, LLC has entered into Contract No. DE-AC36- 08GO28308 with the Department of Energy (DOE), an agency of the U.S. Government, for the management and operation of the National Renewable Energy Laboratory (hereinafter called “NREL”). All references to “NREL” in this solicitation shall mean the Alliance for Sustainable Energy, LLC. This solicitation is being conducted under the procedures for competitive subcontracts established by the National Renewable Energy Laboratory (NREL).

SOURCE SELECTION DETAILS

The selection process used to determine the offeror(s) awarded the anticipated subcontract(s) is Best Value. The offer selected will meet all stated requirements and represent the best combination of:

• Technical factors (based on qualitative merit criteria), and

• Evaluated price.

IMPORTANT DATES

Amendment No. 1 Issue Date: 9/14/2023 Technical Question Due Date 10/6/2023

Proposal Due Date: 10/20/2023 Time Due: 5:00 PM Mountain Time

NAICS CODE

The North American Industry Classification System (NAICS) code for this solicitation is:

Code Classification Size Standard 236220 Commercial and Institutional Building Construction $45,000,000.00

Amounts shown in the table above represent the corresponding small business size standard for each NAICS.

Dollar amounts are reflective of total annual receipts. (“Annual receipts” of a concern means the annual average gross revenue for the last three fiscal years.)

SMALL BUSINESS DESIGNATION

This procurement action is a total set aside for the following small business certifications ONLY: Small Business and Small Business Administration certified HUBZone – SBA Certified, Small Service-Disabled Veteran-owned, Small Veteran-owned, Small Disadvantaged, Small Woman-owned.

There is no weighting applied to any one small business subcategory, or any combination of subcategories applicable to a business entity. The subcategories are provided only for determining eligibility of offerors.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 2 of 13

SPECIFICATION DOCUMENTS

Attachments relevant to this procurement can be downloaded here:

https://app.box.com/s/83zltcveg4m3g0rje3mrjwotcdghjbhs

RFP SECTION 1: SOLICITATION REQUIREMENTS

SUBMIT OFFERS TO AND REQUEST INFORMATION FROM THE NREL RFP CONTACT

BELOW

1. NREL RFP Contact Darcy Montgomery, Subcontract Administrator National Renewable Energy Laboratory 15013 Denver West Parkway, MS: RSF041 Golden, CO 80401 Email: darcy.montgomery@nrel.gov

Electronic copies of forms and appendices can be found at:

http://www.nrel.gov/workingwithus/standard-terms.html

2. Proposed subcontract award

It is the intent of NREL to award 1 Firm Fixed Price Subcontract under this solicitation.

3. Proposed subcontract period of performance

The anticipated basic period of performance is 18 months from the date of execution, 12 months from the date of the Notice to Proceed, and if applicable, 6 months from the date materials are approved and received. The vendor is expected to acquire all the materials required for successful project completion.

The vendor shall propose a revised schedule inclusive of the projected long lead time items as an alternative to the above-outlined period performance.

4. Competitive negotiated subcontract using Best Value Selection

This solicitation shall be conducted using Best Value Selection that results in an award that is most advantageous to NREL based on the best value combination of (a) evaluated qualitative merit and (b) evaluated price of the offers submitted.

Best Value Selection is based on the premise that, if all offers are of approximately equal qualitative merit, award will be made to the offeror with the lowest evaluated price.

However, NREL will consider awarding to an offeror with a higher evaluated price if the offer demonstrates the difference in price is commensurate with the higher qualitative merit. Conversely, NREL will consider awarding to an offeror with a lower evaluated qualitative merit if the price differential between it and other offers warrant doing so.

https://app.box.com/s/83zltcveg4m3g0rje3mrjwotcdghjbhs

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 3 of 13

5. Evaluation process

NREL will evaluate offers in two general steps:

Step One—Initial Evaluation

An initial evaluation will be performed to determine if all required information has been provided for an acceptable offer. Offerors may be contacted only for clarification purposes during the initial evaluation. Offerors shall be notified if their offer is determined unacceptable and the reasons for rejection will be provided. Unacceptable offers will be excluded from further consideration.

Step Two—Discussion, Selection, Negotiation, and Award

All acceptable offers will be evaluated against the Statement of Work and the qualitative merit criteria listed above. Based on this evaluation, and taking into consideration the proposed price (cost), NREL has the option, depending on the specific circumstances of the offers received, to use one of the following methods of selection:

(a) make individual selection, conduct negotiations, and make an award;

(b) conduct parallel negotiations with all offerors and make award;

(c) conduct discussions with all offerors, select successful finalists, conduct parallel negotiations with successful finalists, and then make award;

(d) conduct discussions with all offerors, conduct parallel negotiations with the finalists, select successful finalist, and then make award;

(e) select successful finalists, conduct successive negotiations, and make successive selections and awards;

(f) make no award.

6. Proposal Preparation Information

(a) This solicitation requires the submittal of electronic proposals. Details relating to the requirements of the technical proposal and submission requirements are located in Section 2: Project Overview & Selection Details. This section of the RFP provides logistical proposal submission requirements. This solicitation does not commit NREL to pay costs incurred in the preparation and submission of a proposal in response to this

RFP.

(b) Proposals shall be comprised of two sections: (1) the technical proposal, and (2) the business proposal.

(c) The technical proposal must begin with a cover letter which contains the following information:

i. The cover letter must include the RFP title and number, name of your organization and principal investigator or project manager (with postal address, telephone number(s), and email address). The title should be succinct and capture the essence of your offer.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 4 of 13

ii. The cover letter must include acceptance or exceptions and accompanying rationale for the exception to the sample subcontract, anticipated period of performance, standard terms and conditions, intellectual property terms and conditions, or other appendices incorporated into this RFP and planned to be incorporated in the ensuing agreement. Any proposed changes must contain sufficient justification to permit evaluation. Proposed changes will not, of themselves, automatically cause an offer to be deemed unacceptable. However, a large number of proposed changes/exceptions or multiple significant exceptions not providing any obvious benefit to the NREL or the Department of Energy may result in rejection of such offer as unacceptable.

iii. The cover letter must include a summary statement indicating acceptance of the statement of work or any change with the reason(s).

iv. Additional requirements for the technical proposal are provided in this RFP in

Section 2: Project Overview & Selection Details.

(d) The business proposal shall be submitted with the technical proposal and contain the following elements:

i. A completed “Construction Services Proposal Form” (Attachment #3) in an electronic copy (converted to pdf and assembled into one file). An individual offeror’s price (cost) proposal standard format can be used if the data included is substantially the same as the NREL form. The offeror’s price (cost) and delivery terms must be valid for 90 days from the date of the offer. The price (cost) proposal should include support documentation for all categories of the proposed price (cost). The price (cost) proposal should separate price (cost) for lower-tier subcontract(s) and include support documentation for all categories of the proposed lower-tier subcontract(s) price (cost). See the Construction Services Price Proposal Form under Construction Specific Forms at the following link: http://www.nrel.gov/workingwithus/forms.html

ii. A completed “Representations & Certifications for Subcontracts” form at this link http://www.nrel.gov/workingwithus/forms.html.

iii. EITHER the “Organizational Conflicts of Interest Representation Statement” OR the “Organizational Conflicts of Interest Disclosure Statement”, as applicable per the “Instructions for Completion of Organizational Conflicts of Interest Statement – Disclosure or Representation Statement” at this linkhttp://www.nrel.gov/workingwithus/forms.html.

(e) The proposal should be formatted as follows:

i. A page is defined as one side of an 8 ½” x 11” sheet of paper.

ii. Use a 12-point font.

iii. Maintain at least 1-inch margins on all sides.

iv. All pages must have the same page orientation (i.e., do not present pages that offset by 90 degrees).

7. Solicitation Provisions—full text provided http://www.nrel.gov/workingwithus/forms.html

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 5 of 13

a. Late submissions, modifications, and withdrawals of offers

Offers, or modifications to them, received from qualified organizations after the latest date specified for receipt may be considered if received prior to award, and NREL determines that there is a potential price (cost), technical, or other advantage, as compared to the other offers received. However, depending on the circumstances surrounding the late submission or modification, NREL may consider a late offer to be an indication of the offeror’s performance capabilities, resulting in downgrading of the offer in the technical evaluation process. Offers may be withdrawn by written notice received at any time before award.

b. Restrictions on disclosure and use of proprietary data in the Technical

Proposal (Nov 2018)

Offerors who include in their technical proposals proprietary data that they do not want disclosed to the public for any purpose or used by the government or NREL, except for evaluation purposes shall, in addition to including the “Notice for Handling Proposals” required in Paragraph #. b. above—

1. Mark the title page of the technical proposal with the following legend:

“This offer includes proprietary data that shall not be disclosed outside the government or NREL and shall not be used or disclosed—in whole or in part—for any purpose other than to evaluate this offer. If, however, a subcontract is awarded to this offeror as a result of—or in connection with— the submission of proprietary data, the government or NREL shall have the right to duplicate, use, or disclose the proprietary data to the extent required in the resulting subcontract. This restriction does not limit the government or NREL’s right to use this proprietary data if obtained from another source without restriction. The proprietary data subject to this restriction are contained on pages [insert page and line numbers or other identification of pages] of this offer”; and

2. Highlight (in yellow) the proprietary data on each page of the technical proposal it wishes to restrict and add the following footer:

“Use or disclosure of proprietary data contained on this page is subject to the restriction on the title page of this offer.”

c. Restrictions on disclosure of sensitive financial information in the price proposal

Offerors who include in their price/cost proposals sensitive financial information (e.g., labor rates, indirect rates, etc.) they do not want disclosed to the public for any purpose or used by the government or NREL, except for evaluation and execution of the subcontract, if awarded, shall, in addition to including the “Notice for Handling Proposals” required in Paragraph #.b. above, mark the title page of the price/cost proposal with the following legend:

“This offer includes Sensitive Financial Information.”

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 6 of 13

d. Davis-Bacon Wage Determination

Pursuant to the provisions of the Davis-Bacon Act, 40 U.S.C. 276 (a)-276(a)-7, as amended, the Secretary of Labor has determined that rates of wages and fringe benefits listed in the enclosure entitled “Davis-Bacon Wage Determination”, are those prevailing for the specified classifications in the locality of the work covered by this RFP’s specifications. Such rates of wages and fringe benefits listed in the Davis- Bacon Wage Determination shall be the minimum rates per hour to be paid for the work covered by this RFP’s specifications. Refer to the clause entitled “Construction Wage Rate Requirements (formerly Davis-Bacon Act)” of the Appendix B-4 (Construction) / B-10 (Design-Build) Standard Terms and Conditions for Construction and Design-Build Subcontracts for additional requirements.

The latest wage rate determination made by the Secretary of Labor for Jefferson County, Colorado, is included herein. The complete Davis-Bacon Wage Determination is incorporated in this RFP and shall be incorporated into any subsequent subcontract, regardless of whether the offeror / subcontractor will employ all the classifications of laborers and mechanics listed in the Davis-Bacon Wage Determination.

e. Disclaimer

NEITHER THE UNITED STATES; NOR THE DEPARTMENT OF ENERGY; NOR

ALLIANCE FOR SUSTAINABLE ENERGY, LLC; NOR ANY OF THEIR

CONTRACTORS, SUBCONTRACTORS, OR THEIR EMPLOYEES MAKE ANY

WARRANTY, EXPRESS OR IMPLIED, OR ASSUME ANY LEGAL LIABILITY OR

RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS

FOR ANY PURPOSE OF ANY OF THE TECHNICAL INFORMATION OR DATA

ATTACHED OR OTHERWISE PROVIDED HEREIN AS REFERENCE MATERIAL.

f. Solicitation disputes

The General Accountability Office and the Department of Energy do not accept or rule on disputes for solicitations for Requests for Proposals issued by Management and Operating Contractors for the Department of Energy (operators of Department of Energy National Laboratories). Should an offeror have any concerns regarding the NREL solicitation process or selection determination, the offeror may contact Paul White, Advocate for Commercial Practices, at (303) 384-7575. NREL will address each concern received from an offeror on an individual basis.

g. Prohibition on use of certain telecommunications and video surveillance services or equipment per the John S. McCain National Defense Authorization Act Section 889(a)(1)(B)

In accordance with the John S. McCain National Defense Authorization Act Section

889(a)(1)(B), NREL is prohibited from contracting with any offeror that uses, and/or whose lower-tier subcontractor(s) use, covered telecommunication equipment or services as a substantial or essential component of any system, or as a critical technology of any system, on or after 08/13/2020, unless an exception applies or a waiver is granted. This includes such equipment or services from five Chinese

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 7 of 13 companies: Huawei, ZTE Corporation, Hytera Communications, Hangzhou Hikvision, and Dahua Technology.

h. Compliance with Section 508 of the Rehabilitation Act (found at 29 U.S.C. 794d)

The requirements of Section 508 of the Rehabilitation Act apply to NREL’s procurement of all electronic and information technology (EIT) and any development, maintenance, or use of EIT.

8. Notice Regarding NREL Payments to Subcontractors

It is NREL’s standard practice to make all payments to domestic subcontractors via electronic (ACH) payments or to international subcontractors via wire transfers. Any Offeror receiving notification of an award under this solicitation must complete and submit a “Request for ACH/Wire Banking Information” form to the applicable NREL Subcontract Administrator. Payments to subcontractors will be deposited directly into the subcontractor’s designated bank account in accordance with the banking account/wire transfer information provided on the form by an authorized company representative. An electronic (PDF) copy of the form will be provided by the NREL Subcontract Administrator upon notification of award. Please do not include an ACH form with your response to this RFP.

9. Information Regarding the Buy American Act:

“BUY AMERICAN - CONSTRUCTION MATERIALS (OCT 2022) Derived from FAR 52.225-9 (OCT 2022)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to NREL/the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Subcontractor or a lower-tier subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency https://www.acquisition.gov/far/2.101#FAR_2_101

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 8 of 13 life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(1) For components purchased by the Subcontractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Subcontractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Critical component” means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain.

The list of critical components is at FAR 25.105.

“Critical item” means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

“Domestic construction material” means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United

States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or https://www.acquisition.gov/far/25.105#FAR_25_105

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 9 of 13

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

“Fastener” means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

“Foreign construction material” means a construction material other than a domestic construction material.

“Foreign iron and steel” means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

“Predominantly of iron or steel or a combination of both” means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

“Steel” means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.

1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)).

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 10 of 13

The Subcontractor shall use only domestic construction material in performing this subcontract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the NREL Subcontract Administrator in the subcontract schedule.

(3) The NREL Subcontract Administrator may add other foreign construction material to the list in paragraph (b)(2) of this clause if NREL/the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the NREL Subcontract Administrator will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the NREL Subcontract Administrator will treat the lowest foreign offer of construction material that is manufactured in the United

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 11 of 13

States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the

United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(i) Any Subcontractor request to use foreign construction material in accordance with paragraph

(b)(3) of this clause shall include adequate information for NREL Subcontract Administrator evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Subcontractor request for a determination submitted after contract award shall explain why the Subcontractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Subcontractor does not submit a satisfactory explanation, the NREL Subcontract Administrator need not make a determination.

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 12 of 13

(2) If NREL/the Government determines after contract award that an exception to the Buy

American statute applies and the NREL Subcontract Administrator and the Subcontractor negotiate adequate consideration, the NREL Subcontract Administrator will modify the subcontract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless NREL/the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Subcontractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]”

10. Solicitation provisions:

The following solicitation documents are attached:

Attachment 1, Statement of Work dated 8/8/2023 (includes Exhibits A-G)

Attachment 2, Sample Subcontract Schedule - Firm Fixed Price

Attachment 3, Construction Price Proposal Form

Reference Guide II-009, Exhibit A (Rev. 09/2020) Page 13 of 13

Attachment 4, EMR Form

Attachment 5, Wage Determination

11. Solicitation provisions—incorporated by reference—general access

This solicitation incorporates one or more solicitation provisions by reference with the same force and effect as if they were given in full text. The following documents can be downloaded from http://www.nrel.gov/workingwithus/standard-terms.html and http://www.nrel.gov/workingwithus/forms.html or the NREL RFP Contact listed in paragraph #1 will make available upon request.

The documents and forms that are listed below are applicable to this solicitation and resulting award:

Appendix/Form NREL Standard Terms and Conditions: Appendix B-4 (1/23/2023);

NREL Intellectual Property Provisions: Appendix C-3 (8/1/2022);

NREL Terms and Conditions for Subcontracts in excess of $700,000.00 Appendix D (3/1/2020);

NREL Representations and Certifications (7/14/2022) for Subcontracts

NREL Proposal Form – Price/Cost Proposal Form (Word Format);

NREL Conflicts of Interest Forms

This solicitation incorporates one or more of the following wage determinations by reference with the same force and effect as if they were given in full text. The following wage determination(s) can be downloaded from the Wage Determinations OnLine.gov website at http://www.wdol.gov/.

Appendix F: CO20230023 - Building Mod. 7 dated 7/17/2023.

http://www.wdol.gov/

RFP SECTION 2: PROJECT OVERVIEW &

SELECTION DETAILS

1. Background and history:

The National Renewable Energy Laboratory (NREL) is a national laboratory owned by the U.S. Department of Energy (DOE). NREL is the only federal laboratory dedicated to research, development, commercialization, and deployment of renewable energy and energy efficiency technologies. NREL is managed and operated for DOE’s Office of Energy Efficiency and Renewable Energy by The Alliance for Sustainable Energy (Alliance), the “M&O Contractor”. While NREL is the name of the national laboratory, the M&O colloquially refers to itself as ‘NREL’. As such, throughout the remainder of this document, the term ‘NREL’ refers to the Alliance employees whereas the term ‘NREL Campus’ represents the facility.

The NREL Campus location identified as the South Table Mountain (STM) is one of seven locations where NREL performs work and houses the bulk of NREL employees and research capabilities. On the STM campus location there are approximately twenty buildings, eleven of which are active laboratories. The Field Test Laboratory Building (FTLB) was the first research facility construction on the NREL STM campus location and is the location for the scope of the work effort required of the subcontractor in this statement of work.

Constructed in 1984, the FTLB supports research pertaining to biomass gasification;

catalytic and conventional fast pyrolysis; chemical catalysts and catalytic cracking;

catalytic upgrading of biochemical intermediates; Chemical Catalysis for Bioenergy consortium (ChemCatBio); enzymology; bioenergetics; biophysical characterization and a host of other research capabilities. The laboratory facilities support microbial bioenergetics research within the Biosciences Center that will strategically position Biochemical and Biophysical characterizations in adjacent areas to better coordinate generation of redox enzymes, strains development and the analytical capabilities in a safe manner.

This project will require the subcontractor to completely renovate and expand approximately 3000 sq. ft of laboratory spaces and some associated support spaces in the FTLB. The scope includes demolition and space reconfiguration, coordinating with NREL for asbestos removal from existing chemical hoods, providing new casework and chemical hoods, new finishes, high purity piping, plumbing, HVAC equipment and electrical installations for lighting and equipment.

2. Schedule:

The anticipated completion dates for this procurement and subsequent work are:

Subcontract Award: November 1, 2023 Issuance of Notice to Proceed: December 1, 2023 Beneficial Occupancy/Substantial Completion: March 31, 2025 Final Completion: April 30, 2025 https://www.nrel.gov/ https://www.nrel.gov/ http://www.allianceforsustainableenergy.org/

3. Mandatory Qualifications

To be considered a ‘responsive offeror’ the following minimum criteria must be met by the offeror. These criteria are not evaluated but are instead considered ‘pass/fail’ criteria.

NREL reserves the right to ask clarifying questions of the offerors as necessary in determining responsiveness to this RFP. Offerors’ proposals that do not meet the mandatory qualifications will not be evaluated or considered further for award under this solicitation.

Qualification # Qualification Submission Requirement

Qualification - 3.1 Acceptable Safety Record EMR with a score of less than 1.0 is required. *This requirement may be waived if an adequate explanation is provided.

Qualification - 3.2 Bonding capacity and insurance

Submit verification from bonding and insurance companies to confirm capacity meets 1.5x total proposal

4. Qualitative Merit Criteria

For offerors that meet the mandatory qualifications stated above, NREL will evaluate submitted proposals using the qualitative merit criteria stated below to determine which offer(s) represent the best value to NREL. The Statement of Work in this RFP serves as NREL’s baseline requirements that must be met by each offer, but the qualitative merit criteria provided below establish what NREL considers the technical factors valuable in an offer. These qualitative merit criteria are performance-based and permit selection of a higher priced offer that provides higher qualitative merit.

The following qualitative merit criteria will be used to determine the technical value of the offer in meeting the objectives of the solicitation. Subcriteria, if listed, are not individually weighted, but are factors in the overall weighting.

4.1 General Contractor Expertise/Experience (30%)

To ensure the greatest likelihood of successful project completion, NREL is seeking a subcontractor that can demonstrate completion of projects in an environment similar to NREL. NREL is a federally owned facility with heavy administrative, safety and project management expectations. The subcontractor’s expertise in successfully delivering projects meeting these expectations will be evaluated based on the submitted experience and past performance as outlined below:

# Criteria Consideration Associated Proposal Requirement

4.1.1

Demonstrated expertise in the processes for communication with owner, cost management, quality assurance, lower-tier subcontractor management, building systems coordination and active scheduling.

Include a list of the computer software utilized to manage these processes.

4.1.2

Company's local construction industry affiliations (e.g., Associated Builder and Contractors (ABC); Associated General Contractors (AGC); Design-Build Institute of America (DBIA), etc.).

Provide a list of applicable affiliations and documentation of your company’s role/relationship with the industry affiliations.

4.1.3

Company's process for lower-tier subcontractor bidding and cost estimating.

Provide a description of your estimating and bidding process.

4.1.4

Laboratory, campus, Federal and/or local experience within the last 5 years.

Provide a narrative that demonstrates your experience by providing details including size, location of projects with physical address, scope description, and schedule summary. References may be included.

4.1.5

Construction experience performed for

NREL.

Demonstrate this by providing details such as (but not limited to) work completed by lower tier subcontractors.

4.1.6 Experience with project similar in nature to

the proposed project.

Provide a narrative of similar projects for NREL’s review and consideration.

4.2 Flammable Gas Piping Expertise (40%)

To ensure the greatest likelihood of successful project completion, NREL is seeking a subcontractor that can demonstrate completion of similar projects. The demonstration of technical capability and expertise commiserate to the complexity of the work as described in the Attachment 1: Statement of Work will be evaluated based on the submitted experience and past performance on similar projects/work as outlined below:

# Criteria Consideration Associated Proposal Requirement

4.2.1

Demonstrated ability to provide detailed shop drawings (3D/BIM), system PIDs, and documents of code compliance of flammable piping (either with piping contractor or as partner subcontractor)

Provide a narrative demonstrating your ability to provide this level of detail.

4.2.2 Experience with flammable gas delivery systems, high purity orbital welding, including quality assurance.

Provide detailed information and project examples (successfully completed) demonstrating capabilities and experience in relation to flammable gas delivery systems, high purity orbital welding, including the process utilized to ensure a superior quality outcome.

4.2.3

Experienced superintendents and craft professionals as demonstrated by resumes for proposed project personnel indicating project experience, education, safety training and certifications.

Submit resumes that include qualifications emphasized for each of the following positions:

• Superintendent(s) – Experience with federal or campus projects.

OSHA Training.

• Craft professionals - High purity Orbital welding/flammable gas Delivery systems

4.3 Management Personnel Expertise (20%)

Demonstrated by resumes provided that indicate related project experience, education, safety training and certifications for the following positions (it is preferred the resumes emphasize the following qualifications specific to each position):

# Criteria Consideration Associated Proposal Requirement

4.3.1 Executive Management

Experience with federal and/or campus projects. Involvement in local construction and business organizations.

4.3.2 Project Manager(s)

Experience with federal and/or campus projects. LEED or Project Management Certifications/Training.

4.3.3 Superintendent(s) Experience with federal and/or campus projects. OSHA Training.

4.3.4 Safety Manager

Resume shall represent the safety professional who will be providing safety oversight in accordance with Article 14 - Subcontractor’s Safety Oversight in the Sample Subcontract See Attachment #2; and shall include Construction safety management experience and OSHA Training.

4.4 Safety Performance and Safety Plan (10%)

As a U.S. Department of Energy owned facility, the managing and operating contractor, the Alliance for Sustainable Energy, LLC and all subcontractors- including the subcontractor selected pursuant to this RFP, must adhere to 48 CFR § 970.5223-1, Integration of environment, safety, and health into work planning and execution. As such, to successfully complete this work, the subcontractor must have a robust safety culture. Demonstration of a robust safety culture will be evaluated as outlined below:

# Criteria Consideration Associated Proposal Requirement

4.4.1 Company’s safety program

As demonstrated by a detailed description of how the program is communicated, managed and enforced.

4.4.2 Company's written safety policy. Provide a detailed information on the company’s written Safety Policy.

4.4.3 Company’s Silica Safety Plan.

Provide a detailed description of how your company intends to comply with Silica requirements specified in NREL’s Construction Environment, Safety& Health Manual. See Attachment 1 – Statement of Work.

4.4.4 Company's OSHA 300 A Summary. Provide the Company’s OSHA 300 A Summary Form.

Total 100%

5. Price (cost) evaluation for Best Value Selection

This is a best-value selection. This solicitation shall be conducted using a best value selection that results in an award that is most advantageous to NREL based on the value combination of (a) evaluated qualitative merit and (b) evaluated price. After evaluation of the qualitative merit criteria identified above, the price evaluation reviewing Attachment #3 - Construction Services Price Proposal Form will be used to determine the best value of the offer in meeting the objectives of the solicitation. Best value selection is based on the premise that, if all offers are of approximately equal qualitative merit, award will be made to the offeror with the lowest evaluated price. However, NREL will consider awarding an offeror with a higher evaluated price if the offer demonstrates the difference in price is commensurate with the higher qualitative merit. Conversely, NREL will consider awarding to an offeror with a lower evaluated merit if the price differential between it and other offers warrant doing so.