89603023Q0016 Combined synopsis.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* PowerPlan 360 02/12/2023

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 20426

SOLICITATION NUMBER* 89603023Q0016

RESPONSE DATE/TIME/ZONE 02-08-2023 1:00pm EASTERN TIME, NEW YORK, USA

ARCHIVE 14 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE*

NAICS CODE* 511210

CONTRACTING OFFICE ADDRESS Federal Energy Regulatory Commission

Procurement Division Attn:

888 First Street, NE, Room 4J Washington DC 20426

POINT OF CONTACT*

Contract Specialist Trey Hair trey.hair@ferc.gov

PLACE OF PERFORMANCE

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS trey.hair@ferc.gov EMAIL DESCRIPTION trey.hair@ferc.gov

DESCRIPTION

The Government intends to procure contractor support for Power Plan Software for the Federal Energy Regulatory Commission (FERC). The Government intends to award as a Firm Fixed Price (FFP) contract type and best value will be determined using the Lowest Price Technically Acceptable. Evaluation of each quote received will be based on price, delivery and completeness.

Quotes are due by February 8, 2023 by 1:00 p.m. Eastern Standard Time (EST). Each offeror must have a current SAMs registration. It is the vendor’s responsibility to ensure that the Government receives submitted quotes by the due date.

Responses received after this date and time will be considered non-responsive.

Please note that this request does not commit the government to pay any costs incurred in the submission of your offer, nor to contract for said services.

The point of contact for this acquisition is:

Trey Hair Contracting Specialist Phone: (202) 502-6014 Email: trey.hair@ferc.gov Quotes shall be submitted in electronic format to the Contracting Officer at trey.hair@ferc.gov

89603023Q0016

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 DELIVERY SCHEDULE

B.3 SOFTWARE DELIVERY REQUIREMENTS

B.4 QUALITY CONTROL

B.5 SOFTWARE LICENSE

B.6 Handling of Third-Party Requests for Access to Records:

B.7 Security Controls:

B.8 Cyber Security and Privacy Incident Reporting and Data Breaches:

SECTION C - CONTRACT CLAUSES

C.1 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

C.5 OBSERVANCE OF LEGAL HOLIDAYS AND CLOSURE OF FERC FACILITIES --LOCAL PROVISION

C.6 CONTRACTING OFFICER REPRESENTATIVE (COR) APPOINTMENT--LOCAL PROVISION

C.7 INVOICING--LOCAL PROVISION

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

89603023Q0016 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 LO __________________ __________________

Depreciation Software: PowerPlan 360 client Software as a service for 5 client licenses Contract Period: Base POP Begin: 02-12-2023 POP End: 02-11-2024

10001 licenses Contract Period: Option 1 POP Begin: 02-12-2024 POP End: 02-11-2025

20001 licenses Contract Period: Option 2 POP Begin: 02-12-2025 POP End: 02-11-2026

30001 licenses Contract Period: Option 3 POP Begin: 02-12-2026 POP End: 02-11-2027

40001 licenses Contract Period: Option 4 POP Begin: 02-12-2027 POP End: 02-11-2028

GRAND TOTAL __________________

B.2 DELIVERY SCHEDULE

89603023Q0016 Section B

ITEM NUMBER QUANTITY DELIVERY DATE

0001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE Washington, DC 20426

USA

1.00

MARK FOR: 202-208-0200

10001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

20001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

30001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

40001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

B.3 SOFTWARE DELIVERY REQUIREMENTS

PHYSICAL DELIVERY

Any physical deliveries to FERC HQ required to perform under this contract shall be sent to:

Federal Energy Regulatory Commission Warehouse ATTN:

888 First Street NE

Washington DC 20426 Shipping documentation must reference contract number stated on page 1 of contract award.

DELIVERY OF SOFTWARE LICENSES

Information related to software licenses are received by FERC through a central location. Software licenses keys and any other information related to the software licenses shall be sent via email to softwarelicensing@ferc.gov with a Courtesy Copy (CC) to the COR identified in the contract. Additionally, software license renewals available only via downloads require the contractor to electronically submit instructions for obtaining the renewal to the email address provided above.

B.4 QUALITY CONTROL

All software products purchased from or developed for FERC by a vendor or contractor will be certified by the provider to be free of malicious code. The provider will be held responsible for any damage or loss of business as a direct result of malware or malicious code embedded within software licensed to or developed for FERC.

B.5 SOFTWARE LICENSE

FERC requires the contractor to certify that they have appropriate systems and controls in place to ensure that FERC funds or resources are not used to acquire, operate, or maintain information technology software in violation of U.S.

copyright laws or applicable licensing restrictions. If FERC finds that the contractor is using FERC funds or resources to acquire, operate, or maintain information technology software in violation of U.S. copyright laws or applicable licensing restrictions, FERC will take such corrective measures as the agency deems appropriate and consistent with the requirements of the law. In addition, FERC will identify if the contractor must deliver software license keys in order to perform under this contract.

B.6 Handling of Third-Party Requests for Access to Records:

In the event that the contractor receives any subpoena or other voluntary or mandatory request for access to data first produced under this contract, the contractor will immediately notify the COR and the CO, so that the Government may intervene or take any other steps it deems necessary to protect its interests.

B.7 Security Controls:

Contractor Information Systems Subject to the Federal Information Security Modernization Act of 2014 (FISMA), All agency information systems, see 44 U.S.C. 3505(c), operated by or on behalf of the Government by a Contractor or subcontractor containing Federal data will be subject to the requirements of the FISMA, including routine testing without advance notice to or approval of the Contractor or its subcontractors. See 44 U.S.C 3544(b). There is a difference between information systems operated on behalf of the Government’ and a contractor’s internal system used to provide a product or service for the Government. An information system operated on behalf of the Government provides data processing services that the Government might otherwise perform itself but has decided to outsource. This includes systems operated exclusively for government use, and for systems operated for multiple users, (multiple Federal Government agencies or Government and private sector users such as email services, cloud services, etc.). A contractor’s internal information system is used to manage its business, and processes government data incidental to developing a product or service.

Contractors will be required to ensure compliance and validation with the security control requirements of the current version of NIST SP 800-53, Revision 5 or Federal Information Processing Standard (FIPS) 200 that are appropriate to the sensitivity and criticality of the information or information system. For information systems operated on behalf of the Government, FERC requires the contractor system to meet the appropriate baseline in NIST SP 800-53, Revision 5 as modified by FERC to meet its risk management requirements.

For Controlled Unclassified Information (CUI), the moderate baseline for confidentiality will be applied and adjusted for any specific protection requirements required by law, regulation, or government wide policy. When the contractor is operating the system to process data from more than one agency, or when there are non-government customers (e.g., cloud service providers), the FERC Office of the Chief Information Security Officer (CISO) will review the risk management and tailoring processes in NIST SP 800-37, Revision 2 and SP 800-53, Revision 5 to accommodate these situations. FERC requires contractors whose internal information systems will process CUI incidental to developing a product or service for the agency to meet the requirements of NIST SP 800-171, Revision 2, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, rather than NIST SP 800-53, Revision 5. Contractors will be required to ensure compliance and validation with FIPS 140-2 to ensure systems have the required encryption.

B.8 Cyber Security and Privacy Incident Reporting and Data Breaches:

A Cyber Incident is an event that may have resulted in unauthorized access, loss or damage to FERC assets, information systems, or sensitive information, or an action that breaches FERC security procedures. A “cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. Cyber incident reporting requirements for systems operated on behalf of the government and/or contractors’ internal systems are similar. The only distinction is that the reporting of cyber incidents affecting a contractor’s internal system is limited to incidents affecting CUI, not every cyber incident affecting the contractor system. Timely contractor reporting of all cyber incidents involving the loss of confidentiality, integrity, or availability of data is critical to the Government’s ability to determine appropriate response actions and minimize harm from incidents. The Contractor will comply with all contractual and Federal information security, privacy and confidentiality requirements applicable to the operation, maintenance, or support of a Federal information system.

The Contractor will be required to prevent and remedy data breaches and to provide the FERC with all necessary information and cooperation, and to take all other reasonable and necessary steps and precautions, to enable the FERC to satisfy its data breach reporting duties under applicable law, regulation, or policy in the event, if any, that a breach occurs.

In determining the appropriate timeline and reporting information, FERC will comply with Federal law, relevant OMB policies, and NIST standards and guidelines. FERC will also consider the sensitivity of the information stored by the contractor, the potential damage caused by delays in reporting, the requirements in the Department of Homeland Security (DHS) United States Computer Emergency Readiness Team (US-CERT) Federal Incident Notification Guidelines, or other risk factors, as deemed appropriate by FERC. At a minimum, contractual language will ensure that all known or suspected cyber incidents involving the loss of confidentiality, integrity, or availability of data for systems operated on behalf of the Government are reported to the designated agency Computer Security Incident Response Team (CSIRT) or Security Operations Center (SOC) within the timeline agreed upon in the contract. Contractors will adhere to OMB Memorandum 06-19 (July 12, 2006), particularly the mandated time frame requiring reporting of all incidents involving personally identifiable information to US-CERT within one hour of discovering the incident, as well as to any other subsequent laws, regulations, or policy governing data breaches that may arise during the performance of the contract.

All known cyber incidents in contractor internal systems must be reported if they involve the CUI in the system, but the contractor does not have to report all known or suspected cyber incidents. In addition to reporting to the SOC, the contractor will also report the security incident to the:

• Contracting Officer (CO);

• Contracting Officer Representative (COR);

CISO; and

• SAOP (as necessary).

The Contractor will have an Information System Security Plan (ISSP) that includes policies and procedures necessary to ensure the timely detection of and reporting to the FERC of data breaches, as well as safeguards to prevent and mitigate the risk of, as well as to remedy, such breaches, if any. The contractor ISSP must address when and how the contractor is required to report information security incidents when they occur and when and how the contractor provides notification of breaches to affected individuals and third parties. At a minimum, FERC contractual language regarding incident reporting will include the following:

• Language to indicate that a cyber incident that is properly reported by the contractor will not, but itself, be interpreted as evidence that the contractor has failed to provide adequate information safeguards for CUI;

• The definition of what constitutes a cyber incident;

• The required timeline for first reporting to the agency;

• The types of information required in a cyber incident report to include: company and point of contact information, contract information, and the type of information compromised;

• The contractor will send only one report to each agency point of contact (POC) identified in the contracts, not a report for each contract from that agency. The report may contain information required by other agencies, so one report may satisfy the requirements of multiple agencies; and

• Specific government remedies if a contractor fails to report according to the agreed upon contractual language.

The specific requirements included in the contractual language will be based on Federal law, OMB policies, NIST standards and guidelines, and other applicable standards and policies. These policies and procedures should be developed according to the framework established in NIST SP 800-61, Revision 2. This approach to reporting will promote timely and meaningful information sharing that allows both the contractor and FERC to work closely together to investigate the incident, identify affected individuals, quickly respond to the incident, and take other appropriate actions as necessary.

To the maximum extent practicable, the Contractor will mitigate any harmful effects on individuals whose FERC information was accessed or disclosed in a security incident. In the event of a data breach with respect to any FERC sensitive information processed or maintained by the Contractor or subcontractor under the contract, the Contractor is responsible for damages to be paid to FER

89603023Q0016 Section C

SECTION C - CONTRACT CLAUSES

C.1 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–

232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

FAR

Number

Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

NOV 2021

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and six months.

C.4 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

C.5 OBSERVANCE OF LEGAL HOLIDAYS AND CLOSURE OF FERC FACILITIES --

LOCAL PROVISION

(a) The Federal Energy Regulatory Commission observes the following days as holidays--

New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order or Presidential Proclamation.

(b) When any holiday specified in (a) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.

If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) FERC may close a FERC facility for all or a portion of a business day as a result of--

(1) Granting administrative leave to non-essential FERC employees (e.g., unanticipated holiday);

(2) Inclement weather;

(3) Failure of Congress to appropriate operational funds;

(4) Or any other reason.

(d) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility, shall not report to the facility. Non-essential personnel already present shall be dismissed and shall leave the facility.

(e) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which FERC non-essential employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

(f) When contractor personnel services are not required or provided due to closure of a FERC facility as described in this clause, the contractor shall be compensated as follows--

(1) For fixed price contracts, deductions in the contractor's price will be computed as follows--

(A) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(B) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the contractor is compensated for services provided.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, FERC shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

C.6 CONTRACTING OFFICER REPRESENTATIVE (COR) APPOINTMENT--LOCAL

PROVISION

has been appointed as the Contracting Officer’s Representative (COR) for this Contract with responsibility for technical oversight, contract administration and day-to-day inspection of the work. The appointment will be in effect until final completion of the project, or when terminated or superseded by the Contracting Officer. The COR will accomplish inspection and acceptance, including final delivery. Services shall conform to the requirements set forth in the contract.

888 First Street, NE Washington, DC 20426

C.7 INVOICING--LOCAL PROVISION

An original invoice(s) for work provided under this order shall be submitted electronically with proper documentation in accordance with the Prompt Payment Act, FAR 52.232-25 to:

Division of Financial Services Attn: Payment/Invoice

888 First Street, NE, Room 42-71

INVOICE MAY BE SUBMITTED ELECTRONICALLY TO: DFS-Invoices@ferc.gov

FOR INVOICE STATUS CONTACT: DFS-Invoices@ferc.gov In addition, please submit at least 1 copy of all invoices simultaneously to Jean.Marshall@ferc.gov at the physical or e-mail address listed herein.

YOUR LAST INVOICE UNDER THE ORDER SHALL BE MARKED "FINAL."

89603023Q0016 Section D

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: A. PowerPlan 2023- BNJ.

89603023Q0016 Section E

SECTION E - SOLICITATION PROVISIONS

E.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.