Responses-RFO 697DCK-19-R-00322-001.pdf

QUESTION: Contractor reserves the right to supplement or amend any of the questions, clarifications, or exceptions listed in this document prior to the close of negotiations.

ANSWER: The FAA does not accept proposals with exceptions. The FAA views the Contractor’s questions and clarifications as exceptions to Solicitation Number 697DCK-19-R-00322 and the FAA does not agree to these exceptions. All clauses referenced in Solicitation Number 697DCK-19-R-00322 apply. If you take exception to the FAA’s Solicitation Number 697DCK-19-R-00322 your proposal will be rendered unresponsive and unacceptable.

QUESTION: Since sample invoices are requested, Contractor would like to confirm that dual billing is requested as opposed to utility consolidated. Utility consolidated invoice presentation is outside the control of Contractor.

ANSWER: The FAA is requesting dual billing.

QUESTION: Please clarify that in the event of a default by the Government (which includes, without limitation, failure to pay its bills on time after any applicable cure period or any other material obligation under the Solicitation) that Contractor may terminate the agreement and the Government may be liable for damages calculated in accordance with Section 3.10.6-1 Termination for Convenience.

ANSWER: The FAA views this question and clarification as an exception to Solicitation Number 697DCK- 19-R-00322 and the FAA does not agree to this exception. All clauses referenced in Solicitation Number 697DCK-19-R-00322 apply. If you take exception to the FAA’s Solicitation Number 697DCK-19-R-00322, your proposal will be rendered unresponsive and unacceptable.

QUESTION: Would there be any restrictions on Supplier assigning the contract to its affiliate or successor in interest for a reason other than described in Section G.2(a)?

ANSWER: Please refer to G.2 Contract Terms and Conditions-Commercial Items (a) Assignment and FAA clause 3.3.1-15, Assignment of Claims.

QUESTION: Does the Government have the right to assign this contract? If so, please confirm that any assignee would be required to meet the Supplier’s creditworthiness.

ANSWER: The FAA has the right to assign the contract. The FAA views the remainder of the question and clarification regarding creditworthiness as an exception to Solicitation Number 697DCK-19-R-00322 and the FAA does not agree to this exception. All clauses referenced in Solicitation Number 697DCK-19- R-00322 apply. If you take exception to the FAA’s Solicitation Number 697DCK-19-R-00322, your proposal will be rendered unresponsive and unacceptable.

QUESTION: With respect to any early termination payment due from the Government to Contractor due to Government’s right to terminate for convenience, please confirm that the following formula shall be deemed an acceptable calculation of damages in accordance with Section 3.10.6.1:

The sum of (i) payment of all amounts the Government owes Contractor for electricity provided to the Government, (ii) when the contract is terminated early (entirely or as to certain accounts), payment of an amount (that Contractor will calculate using its reasonable judgment) equal to the positive difference between (A) the dollar amount the Government would have paid to the Contractor under this contract had it not been terminated early and (B) the dollar amount Contractor could resell such electricity for to a third party under then-current market conditions and (iii) all reasonable costs (including reasonable attorney’s fees, expenses and court costs) Contractor reasonably insures in collecting amounts the Government owes Contractor under this contract.

ANSWER: The FAA views this question and clarification as an exception to Solicitation Number 697DCK- 19-R-00322 and the FAA does not agree to this exception. All clauses referenced in Solicitation Number 697DCK-19-R-00322 apply. If you take exception to the FAA’s Solicitation Number 697DCK-19-R-00322, your proposal will be rendered unresponsive and unacceptable.

QUESTION: Contractor would like to clarify that its offer to the Government will be for 100% bandwidth.

ANSWER: Yes, the Government is requesting 100% load following electric supply services.

QUESTION: Section L, AMS clause 3.2.2.3-22 Period for Acceptance of Offer says we must provide all items if acceptance of our offer is within 60 days. That conflicts with Section F.1, which says we must agree to hold prices from 10 AM May 6, 2019 to 10AM May 8, 2018. First, please confirm the Section F.1 dates are correct except for the apparent typo indicating 2018 rather than 2019. Second, please confirm we will only need to hold our prices for 48 hours.

ANSWER: See Amendment- 697DCK-19-R-00322-001

QUESTION: Are you exempt from State Sales Tax, GRT, or CAT taxes?

ANSWER: See RFO 697DCK-19-R-00322-001 Section G.2(h) Taxes. The Government is tax exempt.

QUESTION: Regarding the derated line loss value Bidders provide on the pricing spreadsheet – do you want this value locked throughout the term of the contract or do you want an actual hourly settle on your invoice for deration? Since this is a changing hourly value, please confirm.

ANSWER: The Supplier’s Derated Line Loss Value that is submitted with the Price Proposal Form shall be fixed for the term of the contract.

QUESTION: If the Supplier does not offer discounts for prompt payment. Please confirm this is acceptable?

ANSWER: See FAA Clause 3.1.17, Prompt Payment (July 2018) and RFO 697DCK-19-R-00322-001 Section G.2(f) Payment. It is acceptable that the Supplier does not offer discounts for prompt payment.

QUESTION: Will you disclose what product, or provide a copy of the contract you are currently on?

ANSWER: The contract was awarded as follows:

Constellation NewEnergy Inc.

1310 Point Street Baltimore, MD 21231 Real-Time Index Pricing $4,489,230

QUESTION: Please confirm you are requesting 100% bandwidth?

ANSWER: Yes, the Government is requesting 100% load following electric supply services

QUESTION: Please confirm any contract extension will be at a mutually agreed upon price?

ANSWER: The Government may require the continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance period shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule. Any such extension shall be mutually agreed upon by the Government and the contractor.

QUESTION: Please confirm you will keep the supplier whole between the forward energy purchased and the market price, should there be a termination that is not due to a breach of contract by the supplier?

ANSWER: In the unlikely event of Termination for Convenience by the FAA, Clause 3.10.6-1, Termination for Convenience of the Government (Fixed Price) referenced in Solicitation Number 697DCK-19-R-00322 will apply.

QUESTION: In reviewing the FAA RFP I noticed on pg. 8 - F.1 b) mid paragraph it references attachment 3, (it was in last years too). I believe this needs to be changed to attachment 2 as that is what your sample invoice is labeled in the RFP.

ANSWER: See RFO Amendment 697DCK-19-R-00322-001.