Amendment 0001 RFP_47PA0723R0004.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

PMPB

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

AMENDMENT 0001 changes the Solicitation Offer Due Date in Block 8 FROM: 8/8/2023 TO: 8/15/2023; under Sections C.2 Price Proposal changes the submittal date FROM: August 30, 2023 TO: September 6, 2023 the offeror agrees to hold the prices in its proposal firm for the price group; and under Section C.3 Submission of Proposals, changes the Evidence of Technical Acceptability submittal date FROM: August 8, 2023 TO August 15, 2023; and changes the Price Proposal submittal date FROM: August 30th, 2023 TO: September 6, 2023. All other terms and conditions remain unchanged.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

EQPM-23-0004

47PA0723R0004

1 2

8/2/2023

7/11/2023

INSTRUCTIONS (Back Page):

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date).

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor). For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Items 9, (Amendment of Solicitation Number - Dated), and 10, (Modification of Contract/Order Number - Dated). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data).

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries:

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B. The contracting officer's signature is not required on solicitation amendments. The contracting officer's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification).

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document.

Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

(i) Total contract price increased by $

(ii) Total contract price decreased by $

(iii) Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

(g)

(h)

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

(i) A reference to the letter determination; and

(ii) A statement of the net amount determined to be due in settlement of the contract.

(1)

(2)

(3)

(4)

(5)

(6)

STANDARD FORM 30 (REV. 11/2016) BACK

(1) Accounting classification Net increase $

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

EQPMPB-23-0007 2

47PA0723R0004

Mark West 202-501-0465

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

See below for additional information

Mark West

221122

7/11/2023

LOCAL TIME

8/15/2023

3:00 PM (EST)

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

MarkWest Highlight

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

RFP 47PA0723R0004

R11 - PEPCO DC AND MARYLAND

GENERAL SERVICES ADMINISTRATION

FY23 COMPETITIVE ELECTRICITY SUPPLY

2) The Government and the accounts included in this solicitation may be exempt from state and local sales taxes.

The Government will cooperate with the Contractor to complete any necessary tax-exempt forms.

3) The offeror agrees to hold the prices in its price proposal firm from the time prices are submitted on September 6, 2023 until 1 :30 PM EDT on September 6, 2023 for the price group. GSA will send a notice of award via email by 1 :30 PM EDT to the awarded offeror or offerors but may not provide a fully executed contract the same day. Offerors will be required to honor their prices once the notice of award is provided.

4) All prices must be fair and reasonable.

5) GSA will hold a pre-bid call at 2:00 PM EDT on July 19th, 2023 to provide Offerors the opportunity to ask questions. The call-in number is 1 (347) 343-2605, conference ID number 79822753.Suppliers may also join the pre-bid call through the following link: Click here to join the meeting

6) All questions regarding technical proposal submissions, terms of this solicitation and pricing products and terms must be submitted in writing to Mark2.West@gsa.gov and ky.nguyen@gsa.gov no later than 3:00 PM EST on July 26th, 2023.

7) The Government will not accept any exceptions to this Solicitation which are inconsistent with the terms and requirements of this Solicitation. If offeror submits a technical proposal with changes or exceptions, offeror risks rejection of technical proposal by the Government. Even if offeror's technical proposal is deemed technically acceptable, any exceptions or changes inconsistent with the terms and conditions of the solicitation can constitute a technically unacceptable off er and offeror may not be allowed to participate in Phase Two - Pricing.

8) Offerors should note that none of the information provided to the Government in response to the items listed in section C.1 will be incorporated into the final contract awarded to the winning offeror(s). The contract award document(s) will include the following sections in their entirety from this solicitation: Sections A through E and Attachments two (2) and three (3). In addition, the contract award document(s) will include the following as submitted by the offeror(s): Signed SF30s for each amendment (if applicable) In addition, GSA will include an executed Standard Form 1449 with final award price(s) and term(s) as well as a list of included accounts by Pricing Group.

9) Enel X will post a signed Letter of Authorization (LOA) on their announcement site for all included utilities which Offerors may use to request utility data. Per 52.227-14(d)(2), any data obtained from a utility under a letter of authorization issued for this contract shall only be used for the purposes of bid preparation for or performance of this contract and shall not be further disclosed without the prior written authorization of the Contracting Officer.

2. Option Years 3, 4, 5 Requirements

a) General: The Offeror shall provide a price per kWh for the base term of twenty-four (24) full monthly billing cycles and, for the purposes of evaluation and in the event of option exercise, the Government will apply a 3% escalation to this price or the preceding option year price for each of the three twelve (12) month option years. Attachment 3 - Price Component Confirmation Table for Pricing Group 1 is included and incorporated into the terms and conditions of this solicitation and any resulting contract(s).

b) Options years 3, 4, 5

Option year 3 - Oct 2025 - Oct 2026 utility meter reads Option year 4 - Oct 2026 - Oct 2027 utility meter reads Option year 5 - Oct 2027 - Oct 2028 utility meter reads

MarkWest Highlight

RFP 47PA0723R0004

R11 - PEPCO DC AND MARYLAND

C.3 SUBMISSION OF PROPOSALS

GENERAL SERVICES ADMINISTRATION

FY23 COMPETITIVE ELECTRICITY SUPPLY

Evidence of Technical Acceptability: Offeror must submit one (1) original technical proposal with signatures on all documents as required. Evidence of Technical Acceptability must be received no later than 3:00 p.m. EDT on August 15, 2023. E-mail, do not mail, submissions of the Evidence of Technical

Acceptability to Mark2.West@Esa.EOV and ky.nEuyen@Esa.EOV. Only email submissions will be accepted and the e-mail must be marked as RFP 47PA0723R0004. Note that GSA will not accept submissions via file servers or other means where GSA is required to download part or all of the technical proposal submission from the offeror's site or a third-party site.

Price Proposal: All pricing received as a result of this solicitation shall be submitted on September 6, 2023 using an internet-based auction transaction platform administered by Enel X. In accordance with the rules and mechanics ofEnel X's auction platform, offerors will be allowed to offer and reoffer pricing until the close of the auction time for the price group and accompanying contract term. Auction instructions are detailed on the Enel X website: https://www.enelx.com/n-a/en. The pricing format and the auction schedule can be found at the Enel X website.

Auction Schedule: The auction schedule for this solicitation will be posted at:

https://www.exchange.enelx .com/webportal/AnnouncementView.aspx?id=l7942

Proposals must include the following in the order listed below:

a) Completed Technical Proposal Checklist

b) Signed SF 1449

c) Signed SF30 for each amendment, if applicable.

d) Completed Attachment 2 -Contractor Information

e) Completed Attachment 4-Federal Contractor Veterans' Employment Report VETS-4212 in accordance with 52.222-37.

f) Completed Attachment 6-Representations and Certifications (if not in SAM.gov)

g) Response to Evidence of Technical Acceptability items 1 - 13 (See Section C.1 for full description of information required).

h) Confirmation Offeror agrees to award timeline as described in C.2 (3)

i) Depending upon the total dollar value of the resultant awarded contract(s) and the size status of the Offeror, the

Offeror may be required to submit a subcontracting plan for small businesses in accordance with FAR Clause 52.219-9 - Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan. If Offeror has a current subcontracting plan that has been approved by the Defense Logistics Agency (DLA) or has a current commercial plan that has been approved by GSA, Offeror may resubmit that plan to meet this requirement. The subcontracting plan must be submitted within the Offeror's technical proposal. Additional information on subcontracting plans including the types of acceptable plans and requirements can be found in Attachment 5.

CAUTION: OFFERORS ARE CAUTIONED THAT ANY AMENDMENTS MUST BE

ACKNOWLEDGED WITH OFFEROR'S PROPOSAL.

MarkWest Highlight

ATTACHMENT 1: TECHNICAL PROPOSAL CHECKLIST

NOTE; THIS CHECKLIST MUST BE PROVIDED AS THE FIRST PAGE OF ALL TECHNICAL

PROPOSAL RESPONSE PACKAGES FROM OFFERORS.

Per Section C.2, proposals must include the following in the order listed below. Confirm each of the below items has been included in offeror’s technical proposal response package to the Government in the order specified below by including a check in the box next to each item:

Completed Technical Proposal Checklist Signed SF1449 Signed SF30 for each amendment, if applicable Completed Attachment 2 - Contractor Information Completed Attachment 4 - Federal Contractor Veterans’ Employment Report VETS-4212 in accordance with 52.222-37 Completed Attachment 6 - Representations and Certifications (if not in SAM.gov) Response to Evidence of Technical Acceptability items 1 - 12 (See Section C.1 for full description of information required).

Confirmation offeror agrees to award timeline as described in C.2 (3) Depending upon the total dollar value of the resultant awarded contract(s) and the size status of the offeror, the offeror may be required to submit a subcontracting plan for small businesses in accordance with FAR Clause 52.219-9 - Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan. If an offeror has a current subcontracting plan that has been approved by the Defense Logistics Agency (DLA) or has a current commercial plan that has been approved by GSA, offeror may resubmit that plan to meet this requirement. The subcontracting plan must be submitted within the offeror’s technical proposal. Additional information on subcontracting plans including the types of acceptable plans and requirements can be found in Attachment 7.

ATTACHMENT 2: CONTRACTOR INFORMATION

1. COMPANY:

COMPANY NAME:

ADDRESS:

Telephone Number:

Fax Number:

E-Mail Address:

Unique Entity ID (SAM) Tax Identification Number (TIN):

CAGE CODE:

2. POINT OF CONTACT INFORMATION:

A. For CONTRACT ADMINISTRATION:

Name:

Address:

E-Mail Address:

Phone:

FAX:

B. For REMITTANCE

Name:

Address:

E-Mail Address:

Phone:

FAX:

INTERNAL#

Price Component Usage (kWh) or Demand (kW) Based

Treatment Include in Bid Price? Billed/Credited to GSA NCR Billed/Credited to GSA Central Office

Full Transaction Manager Scope of Services Specified in Section A.20 including all cost for scheduling energy Usage (kWh)

Fixed Yes Yes, TM Fee Applied to Power Purchases

Yes, TM Fee Applied to Excess Power Sales

Purchased Energy Commodity Costs Usage (kWh) Index Price No Yes No Sold Energy Commodity Credits Usage (kWh) Index Price No No Yes PPA Costs Usage (kWh) Prevailing PPA Contract Rates No No Yes Enel X Fee @ $.0007 per kWh Usage (kWh) Economic Price Adjustment No Yes No Applicable Public Service Commission fees Usage (kWh) Economic Price Adjustment No Yes No Balancing and Congestion Costs Usage (kWh) Economic Price Adjustment No Yes No Line Losses (including distribution losses to the end use meter) Usage (kWh) Economic Price Adjustment No Yes No Fuel Costs Usage (kWh) Economic Price Adjustment No Yes No Scheduling Usage (kWh) Economic Price Adjustment No Yes No Ancillary Services and other ISO Costs (OATT Tariff, Operating Reserves, ISO Administrative Fees) Usage (kWh) Economic Price Adjustment No Yes No Marginal Loss Credits (MLCs) Usage (kWh) Economic Price Adjustment No Yes No Transmission Loss Credits (TLCs) Usage (kWh) Economic Price Adjustment No Yes No Reliability Must Run (RMR) Usage (kWh) Economic Price Adjustment No Yes No Auction Revenue Rights (ARRs) Usage (kWh) Economic Price Adjustment No Yes No FERC Order 745 and FERC 494 / EL05-121-009 Compliance Costs Usage (kWh) Economic Price Adjustment No Yes No DC & MD State Mandated Renewable Portfolio Standards (RPS) compliance costs Usage (kWh) Economic Price Adjustment No Yes No MD Offshore Wind RECs (ORECs) Usage (kWh) Economic Price Adjustment No Yes No Capacity Costs (ICAP & UCAP) Demand (kW) Economic Price Adjustment No Yes No Transmission Costs (including Network Integration Transmission Service(NITS), Regional Transmission Expansion Planning (RTEP), Financial Transmission Right (FTR), Transmission Reallocation Costs (TEAC),Transmission Enhancement (TEC)

Demand (kW) Economic Price Adjustment No Yes No

Pricing Group One (1) PEPCO DC & MD

ATTACHMENT 3: PRICE COMPONENT CONFIRMATION TABLE

ATTACHMENT 4: SAMPLE FEDERAL CONTRACTOR VETERANS’

EMPLOYMENT REPORT VETS-4212 FORM

FEDERAL CONTRACTOR VETERANS’ EMPLOYMENT REPORT VETS-4212

OMB NO: 1293-0005

Expires: 04/30/2024

Persons are not required to respond to this collection of information unless it displays a valid OMB number. It is mandatory for a covered Federal contractor respond to this information collection. See 38 U.S.C. § 4212(d) and “Who Must File” section of instructions.

ATTN: Human Resource/EEO Department

RETURN COMPLETED REPORT TO:

VETS-4212 Submission

VETERANS’ EMPLOYMENT AND TRAINING SERVICE (VETS)

Service Center

In care of: Department of Labor National Contact Center (DOL-NCC) 7425 Boston Blvd

Springfield, VA 22153

COMPANY IDENTIFICATION INFORMATION (Omit items preprinted above-ADD Company Contact Information Below)

COMPANY No: TWELVE MONTH PERIOD ENDING 2 0 2 0

M M D D Y Y Y Y

NAME OF PARENT COMPANY: ADDRESS (NUMBER AND STREET):

CITY: COUNTY: STATE: ZIP CODE:

NAME OF COMPANY CONTACT: TELEPHONE FOR CONTACT: EMAIL:

NAME OF HIRING LOCATION: ADDRESS (NUMBER AND STREET):

CITY: COUNTY: STATE: ZIP CODE:

NAICS: DUNS:

EMPLOYER ID

(IRS TAX No.) _

INFORMATION ON EMPLOYEES

REPORT THE TOTAL NUMBER OF EMPLOYEES AND NEW HIRES WHO ARE PROTECTED VETERANS, AS DEFINED IN THE INSTRUCTIONS. DATA ON NUMBER OF EMPLOYEES ARE TO BE ENTERED IN COLUMN A AND B, LINES 1.1 THROUGH 9. DATA FOR NEW HIRES ARE ENTERED IN COLUMNS C AND D. LINE 10 IS TOTAL OF EACH COLUMN. ENTRIES IN COLUMNS C AND D, LINES 1.1 THROUGH 9 (GRAY SHADED AREAS) ARE OPTIONAL. ENTER THE MAXIMUM AND MINIMUM NUMBER OF EMPLOYEES.

JOB

CATEGORIES

NUMBER OF EMPLOYEES NEW HIRES (PREVIOUS 12 MONTHS)

PROTECTED VETERANS

(A)

TOTAL EMPLOYEES

(B)

PROTECTED VETERANS

(C)

TOTAL NEW HIRES

(D)

EXECUTIVE/SENIOR LEVEL

OFFICIALS AND MANAGERS

1.1

FIRST/MID LEVEL

OFFICIALS AND

MANAGERS 1.2

PROFESSIONALS 2

TECHNICIANS 3

SALES WORKERS 4

ADMINISTRATIVE

SUPPORT WORKERS 5

CRAFT WORKERS 6

OPERATIVES 7

LABORERS/HELPERS 8

TYPE OF REPORTING ORGANIZATION

(Check one or both, as applicable)

Prime Contractor Subcontractor

TYPE OF FORM (Check only one) Single Establishment

Multiple Establishment-State Consolidated (specify number of locations) (MSC)

SERVICE WORKERS 9

TOTAL EMPLOYEES 10

Report the total maximum and minimum number of permanent employees during the period covered by this report.

Maximum Number Minimum Number

Form VETS-4212 11/2014

Federal Contractor Veterans’ Employment Report (VETS-4212)

WHO MUST FILE: This VETS-4212 Report is to be completed by all nonexempt Federal contractors and subcontractors with a contract or subcontract in the amount of $150,000 or more with any department or agency of the United States for the procurement of personal property or non-personal services. Services include but are not limited to the following services: utility, construction, transportation, research, insurance, and fund depository, irrespective of whether the government is the purchaser or seller. Entering into a covered Federal contract or subcontract during a given calendar year establishes the requirement to file a VETS-4212 Report during the following calendar year.

WHEN TO FILE: This annual report must be filed no later than September 30.

LEGAL BASIS FOR REPORTING REQUIREMENTS: Title 38, United States Code, Section 4212(d) mandates that Federal contractors and subcontractors subject to the statute’s affirmative action provisions in 38 U.S.C.

4212(a) report, at least annually, the number of employees in their workforces by job category and hiring location, and the number of such employees, by job category and hiring location, who are qualified protected veterans. In addition, Federal contractors and subcontractors must report the total number of new hires during the period covered by the report and the number of such new hires who are qualified protected veterans. Further, Federal contractors and subcontractors must report on the maximum and minimum number of employees during the period covered by the report. The Department of Labor’s Veterans’ Employment and Training Service (VETS) has promulgated regulations found at 41 CFR part 61-300 to implement the reporting requirements of 38 U.S.C. 4212(d). The regulations require contractors and subcontractors to file the VETS-4212 Report to comply with the requirements of 38 U.S.C. 4212(d).

The regulations in 41 CFR part 61-300 can be found at http://www.dol.gov/general/cfr/title_41.

HOW TO FILE THE VETS-4212 REPORT: The preferred method for filing VETS-4212 Reports is electronically through the VETS web-based filing system. Instructions for electronically filing the VETS- 4212 Report are found on the VETS website at http://www.dol.gov/agencies/vets/programs/vets4212.

Alternative filing methods are described below in these instructions.

Single Establishment Employers: Employers doing business at one hiring location may complete and submit a single VETS-4212 Report using the web-based filing system, or submit a single paper version of the VETS-4212 Report, as described below under Alternative Filing Methods.

Multi-Establishment Employers: Employers doing business at more than one hiring location, must file:

(A) a VETS-4212 Report covering the principal or headquarters office; (B) a separate VETS-4212 Report for each hiring location employing 50 or more persons; and (C) EITHER, (i) a separate VETS-4212 Report for each hiring location employing fewer than 50 persons, OR (ii) consolidated reports that cover hiring locations within one State that have fewer than 50 employees. Multi-establishment employers doing business at more than 10 locations must submit their VETS-4212 Reports in the form of an electronic data file that complies with current Department of Labor specifications for the format of these records, and any other specifications established by the Department for the applicable reporting year.

Multi-establishment employers with fewer than 10 hiring locations are strongly encouraged to submit their VETS-4212 Reports in the form of an electronic data file, but are not required to do so. In these cases, state consolidated reports count as one location each.

VETS-4212 Reports in the form of electronic data files may be submitted through the web-based filing system. Electronic data files also may be transmitted electronically as an e-mail attachment (if they do not exceed the size stated in the specifications), or submitted on compact discs or other electronic storage media.

ALTERNATIVE FILING METHODS: The VETS-4212 Report may also be filed in paper format.

Reporting organizations may download a paper version of the VETS-4212 Report from the VETS website at http://www.dol.gov/agencies/vets/programs/vets4212 or send a written request for the paper version of the VETS-4212 Report to: Office of the Assistant Secretary for Veterans’ Employment and Training, U.S. Department of Labor, 200 Constitution Avenue, NW, Room S-1325, Washington, DC 20210, Attn:

VETS-4212 Report Form Request.

WHERE TO FILE: VETS-4212 Reports in paper format or electronic data files on compact discs or other electronic storage media may be delivered by U.S. mail or courier delivery service to: Veterans’ Employment and Training Service, c/o Department of Labor National Contact Center, 7425 Boston Blvd Springfield, VA 22153. Paper copies of the VETS-4212 Reports and electronic data files (if they do not exceed the size stated in the specifications) also may be sent as e-mail attachments to: VETS4212-customersupport@dol.gov

HOW TO PREPARE THE VETS-4212 REPORT: All fields and answers to questions in all areas of the VETS-4212 Report are mandatory unless otherwise specified below. If the multi-establishment employer has hiring locations employing fewer than 50 persons, the employer may file separate reports for each hiring location or consolidated reports that cover multiple hiring locations within one state.

Type of Reporting Organization: Indicate the type of contractual relationship (prime contractor or subcontractor) that the organization has with the Federal Government. If the organization serves as both a prime contractor and a subcontractor on various federal contracts, check both boxes. If a reporting organization submits only one VETS-4212 Report for a single location, check the Single Establishment box. If the reporting organization submits more than one VETS-4212 Report, one report should be checked as Multiple Establishment-Headquarters. The remaining VETS-4212 Reports should be checked as either Multiple Establishment-Hiring Location or Multiple Establishment-State Consolidated. For state consolidated reports, the number of hiring locations included in that report should be entered in the space provided. For each report, only one box should be checked within this block.

Company Identification Information: . Please note: If a Federal Contractor Report has been filed in the past, you need to utilize the company number assigned in previously submitted reports. If a company number is not available please leave the field blank. If there are any questions regarding a Company Number, please call the VETS-4212 Customer Support Center at (866) 237-0275 or e-mail VETS4212-customersupport@dol.gov.

Twelve Month Period Ending: Enter the end date for the twelve month reporting period used as the basis for filing the VETS-4212 Report. To determine this period, select a date in the current year between July 1 and August 31 that represents the end of a payroll period. The selected date will be the basis for reporting the Number of Employees, as described below. The twelve-month period preceding that date is your twelve- month covered period. This period is the basis for reporting New Hires, as described below.

Any Federal contractor or subcontractor that has written approval from the Equal Employment Opportunity Commission to use December 31 as the ending date for the EEO-1 Report may also use that date as the ending date for the payroll period selected for the VETS-4212 Report.

Name and Address for Single Establishment Employers: Complete the identifying information under the Parent Company name and address section.

Name and Address for Multi-Establishment Employers: For parent company headquarters location, complete the name and address for the parent company headquarters and leave blank the name and address of the Hiring Location. For hiring locations of a parent company, complete the address for the Parent Company location, complete the name and address for the Hiring Location.

NAICS Code, DUNS Number, and Employer ID Number: Single Establishment and Multi- Establishment Employers must complete the North American Industry Classification System (NAICS) Code, Dun and Bradstreet I.D. Number (DUNS), and Employer Identification Number (EIN) as described below:

NAICS Code: Enter the six (6) digit NAICS Code applicable to the hiring location for which the report is filed. If there is not a separate NAICS Code for the hiring location, enter the NAICS Code for the Parent Company.

DUNS Number: If there is a specific Dun and Bradstreet Identification applicable to the hiring location for which the report is filed, please enter the nine (9) digit in the space provided. If the hiring location does not have a DUNS Number, enter the DUNS number for the Parent Company. If an appropriate DUNS Number cannot be identified, leave this field blank.

Employer I.D. Number (EIN): Enter the nine (9) digit number assigned by the I.R.S. to the contractor. If there is a specific EIN applicable to the hiring location for which the report is filed, enter that EIN.

Otherwise, enter the EIN for the Parent Company.

Number of Employees: Report the total number of employees who are protected veterans for each of the 10 occupational categories (Lines 1.1 through 9) in column A. Report the total number of employees, including protected veterans, for each of the 10 occupational categories (Lines 1.1 through 9) in column B. Blank spaces will be considered zeros.

New Hires (Previous 12 Months): Report the total number of employees who were hired and included in the payroll for the first time during the 12-month period preceding the ending date of the selected payroll period. Report the total number of new hires who are protected veterans in column C. Report the total number of new hires, including protected veterans, in column D. Providing new hire data for each of the occupational categories (columns C and D, lines 1.1 through 9) is optional. Blank spaces will be considered zeros.

Maximum/Minimum Employees: Report the maximum and minimum number of employees on board during the twelve-month period covered by this report, as indicated by 41 CFR 61-300.10(a)(3).

DEFINITIONS:

‘Employee’ – means any individual on the payroll of an employer who is an employee for purposes of the employer’s withholding of Social Security taxes except insurance sales agents who are considered to be employees for such purposes solely because of the provisions of 26 U.S.C. 3121 (d)(3)(B) (the Internal Revenue Code). Part-time employees and leased employees are included in the definition of ‘employee.’

The definition does not include persons hired on a casual basis for a specific job ( e.g., persons at a construction site whose employment relationship is expected to terminate with the end of the employee’s work at the site); persons employed temporarily in an industry other than construction who are hired through a hiring hall or some other referral arrangement; or persons on the payroll of an employment agency who are referred by such agency for work to be performed on the premises of another employer under that employer’s direction and control, as provided in 41 CFR 61-300.2(b)(5).

‘Hiring location’ – means an establishment as defined at 41 CFR 61-300.2(b)(6).

‘Job Categories’ – means any of the following: Officials and Managers (Executive/Senior Level Officials and Managers and First/Mid-Level Officials and Managers), Professionals, Technicians, Sales Workers, Administrative Support Workers, Craft Workers, Operatives, Laborers and Helpers, and Service Workers and are defined in 41 CFR 61-300.2(b)(7).

‘Protected Veteran’ – means a veteran who is protected under the nondiscrimination and affirmative action provisions of the Vietnam Veterans’ Readjustment Assistance Act, 38 U.S.C. 4212; specifically a veteran who may be classified as an active duty wartime or campaign badge veteran, disabled veteran, Armed Forces service medal veteran, or recently separated veteran, ’Active duty wartime or campaign badge Veteran’ – means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.

‘Armed Forces Service Medal Veteran’ – means any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 FR 1209, 3 CFR, 1996 Comp., p. 159).

‘Disabled Veteran’ – means (1) A veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or (2) A person who was discharged or released from active duty because of a service-connected disability.

‘Recently Separated Veteran’ – means a veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty in the U.S. military, ground, naval or air service.

RECORD KEEPING: Employers must keep a copy of the completed annual VETS-4212 Report(s) submitted to DOL for a period of three years.

Public Burden Statement: Public reporting burden for this collection is estimated to average 20 minutes per location to make an electronic filing and 40 minutes per location to make a paper filing, including the time for reviewing instructions, searching existing data source, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden to the Department of Labor, Veterans’ Employment and Training Service, Office of Information Management, Room N-1316, 200 Constitution Avenue, NW, Washington D.C. 20210 or electronically transmitted to VETS4212-customersupport@dol.gov All completed VETS-4212 Reports should be sent to the address indicated on the front of the form. See actual VETS-4212 Report for additional disclosures.

Updated January 2023

ATTACHMENT 5: SUBCONTRACTING PLANS

MODEL COMMERCIAL SUBCONTRACTING PLAN INSTRUCTIONAL

REMINDERS

Remove these instructional pages before submitting your completed subcontracting plan to the Contracting Officer

Use the Commercial Subcontracting Plan Template when:

● The company determines this is the best type of plan to meet its purchasing model and is unable to break out subcontracting attributable to a particular government contract

● The supplies or services provided to the federal government meet the definition of “commercial” in FAR part 2

NOTE: The Model Commercial Subcontracting Plan template is a tool contractors may choose to use when preparing their commercial subcontracting plans. The Model Commercial Subcontracting plan:

● Is NOT a fill-in-the-blank form

● Does not replace the FAR requirements listed in clause 52.219-9

● Reflects objectives GSA encourages contractors to adopt

A COMMERCIAL SUBCONTRACTING PLAN

● Includes the Offeror’s (or Contractor’s) planned subcontracting supporting both commercial AND government business, rather than solely to a single government agency or contract

● Is the preferred type of subcontracting plan for Contractors furnishing commercial items and services. However, if the contract will be a multiple award, indefinite delivery-indefinite quantity contract where task/delivery orders will be funded by more than one federal agency, consider using the individual subcontracting plan.

● Covers only the company’s fiscal year (12 month period - i.e., only one commercial plan per Contractor annually).

● Applies to the purchasing to support the entire production of commercial items sold by the entire company or is limited to a portion thereof (e.g. division, plant, or product line). Please indicate such a statement in the commercial plan, whether it applies company-wide or is a limited plan.

o Must include indirect costs (i.e. general and routine commercial purchases) o Note: If the commercial plan encompasses more than one company within the corporation, identify in the plan the companies covered and include the Unique Entity Identifier [UEI] for each.

● Remains in effect during the Contractor’s fiscal year for all Government contracts in effect during that period. Once a Contractor’s commercial plan has been approved, the Government shall not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided continues to meet the definition of a commercial item.

● To submit a commercial plan:

o Complete Section I. Identification Data in the Model Template List the annual goals (or spend) for each socio-economic category listed in the commercial plan format provided under Section III, Goals.

o Complete Sections IV through XV, ensuring a company official signs the plan under XVII.

o Submit the commercial plan to either:

▪ the first Contracting Officer (of any agency) awarding a contract subject to the plan during the Contractor’s fiscal year; or,

▪ if the Contractor has ongoing contracts with commercial plans, to the Contracting Officer responsible for the contract with the latest completion date.

What happens after I submit the subcontracting plan to the contracting officer?

The Contracting Officer:

● Reviews the subcontracting plan to ensure the plan meets all of the requirements listed in FAR 52.219-9

● Submits the plan to the Small Business Technical Advisor (SBTA) in GSA’s Office of Small and Disadvantaged Business Utilization and the Small Business Administration Procurement Center Representative (PCR) for input as required by FAR

● Considers the recommendations by the GSA SBTA and the SBA PCR and negotiates the commercial plan on behalf of the entire federal government.

Once approved by a government contracting officer, the contractor may use the commercial plan for any federal government contract during the 12 month period covered by the plan.

AFTER CONTRACT AWARD, DON’T FORGET TO:

o Submit a new commercial plan, 30 working days before the end of the Contractor’s fiscal year (i.e., plan expiration date) to the Contracting Officer responsible for the uncompleted Government contract with the latest completion date.

o When the new commercial plan is approved each year, provide a copy of the approved plan to each Contracting Officer responsible for ongoing contract(s) subject to the plan.

o After award, submit the required annual Summary Subcontracting Report (SSR) in the Electronic Subcontract Reporting System (eSRS):

▪ Due no later than October 30 each year. Failure to submit the report on time may indicate a lack of “good faith effort”, putting your company at risk for the assessment of liquidated damages.

▪ Follow the directions on the eSRS home page, especially the “Quick Reference Guides for Government Contractors Filing SSR for Commercial Plan” and the Sample SSR Step by Step for Commercial plans

▪ Be sure to select “Commercial” as the type of subcontracting plan

▪ While the commercial plan covers your company’s fiscal year, the

SSR covers all subcontracting done during the government’s fiscal year (October 1 through September 30)

▪ List the email address of the contracting officer who approved the commercial plan on behalf of all federal agencies and the contracting officers when other federal agencies’ contracts are covered by the plan

▪ Include indirect costs

▪ Explain in the “Remarks” section any shortfall or “0” dollars reported and the corrective action going forward. Make sure the reasons or future actions are not the same year after year with no improvement.

▪ Allocate to each federal agency a portion of each of the dollars reported

▪ At no time should the total percentage allocated to the federal agencies equate to 99%!

▪ When the government’s share is less than one percent, make sure the percentage is translated into the report correctly. For example, if the government’s allocation is 0.51%, make sure the percentage is entered as 0.51% and not 51%.

I am having difficulty in meeting the goals established in the contract’s subcontracting plan. What should I do?

A number of actions can be taken:

1. Read the plan. Did you do what you said you were going to do in the plan to find qualified SBs, SDBs, WOSBs, VOSBs, SDVOSBs and HUBZones?

2. Did a key small business supplier grow into “other than small”? Explain any “0” or shortfalls in the “Remarks” section of the report. Be sure to identify what corrective action you will take to get back on track. “Tell the story” in the report.

3. Did you post your company’s subcontracting opportunities on the SBA SubNet database?

4. Does your website make it easy for small businesses to find you and your company’s opportunities?

5. How do you keep market research fresh? Check out the following resources recommended in GSA’s Model Subcontracting Plan Instructions:

SBA Commercial Marketing Representative: SBA CMRs APEX Accelerators: APEX Accelerators (formerly known as Procurement Technical Assistance Centers: PTAC website)

Trade and professional organizations and conferences Department of Commerce Minority Business Development Agencies: MBDA website

State, county, city minority business offices Small, minority, women-owned, veteran business organizations Local chambers of commerce: Chambers of Commerce website Department of Veterans Affairs (VOSBs and SDVOSBs) Dynamic Small Business Search: DSBS website

1. Do current suppliers meet the size status for the NAICS code that best describes the subcontract and the socio-economic definitions in FAR part 2

2. Are you able to break out elements of large acquisitions into smaller contracts suitable for small business participation?

3. Did you follow the required actions listed in FAR 52.219-9(e)?

https://eweb1.sba.gov/subnet/client/dsp_Landing.cfm https://www.sba.gov/document/support--commercial-market-representatives https://www.apexaccelerators.us/#/ https://www.aptac-us.org/ https://www.mbda.gov/ https://www.uschamber.com/co/chambers https://web.sba.gov/pro-net/search/dsp_dsbs.cfm

Commercial Subcontracting Plan Template

[INSERT COMPANY NAME]

SMALL BUSINESS SUBCONTRACTING PLAN

I. IDENTIFICATION DATA:

Address: ____________________________________________________________

Date Prepared: _____________________ Description of Types of Supplies/Services:

Contract Number: _________________

Unique Entity Identifier (UEI) : (under the contract awarded or pending award)

Insert company Fiscal Year (FY) beginning and end dates

Commercial Plan Period: (Contractor’s 12-month dates including year covered M/D/Y)

Projected Annual Sales (Company-wide): ________________________________

II. GOALS:

FAR clause 52.219-9(d) states that the subcontracting plan shall include the following:

(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes) and women-owned small business WOSB concerns as subcontractors.

Remember:

• Commercial plans will always reflect annual company-wide goals

• Dollars and percentages to OTSB and total small businesses (including all socioeconomic subsets) must equal the total subcontracted to both categories in dollars and percentages.

[Company Name] provides the following separate dollar and percentage goals, which are a percentage of the total subcontracting dollars for each business category:

1. Estimated TOTAL dollars planned to be subcontracted to all types of concerns (generally for both commercial and government business, in support of commercial items sold during company fiscal year):

Annual Commercial Purchases/Spend: $_________________ = 100% subcontracted

2. Total dollars planned to be subcontracted to those classified as Other Than Small Business concerns:

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

3. Total dollars planned to be subcontracted to all Small business concerns (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB small business concerns:

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

REMEMBER: COMPUTE THE PERCENTAGE FOR THE FOLLOWING BY USING

THE TOTAL DOLLARS LISTED IN #1 ABOVE:

4. Total dollars planned to be subcontracted to veteran-owned small business concerns (including service-disabled veteran-owned small businesses):

5. Total dollars planned to be subcontracted to service-disabled veteran-owned small business concerns (subset of VOSB above and cannot be higher than #4 above):

6. Total dollars planned to be subcontracted to HUBZone small business concerns:

7. Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes):

8. Total…