Attachment I QandA Document_v2.pdf

Basic Ordering Agreement, DLA Energy Request for Proposal (RFP) SP0604-23-R-0407

Attachment II- Questions and Answers Document The Government developed this questions and answers document to address frequently asked questions regarding the DLA Energy Basic Ordering Agreement (BOA) Request for Proposals (RFP), SP0604-23- R-0407, herein known as the BOA RFP. This document is intended to “live & change" with the life of the BOA RFP (5 years); the version and date will be reflected in the footer of this document.

1. Question: What is a Basic Ordering Agreement (BOA)?

Answer: A BOA is a written instrument of understanding, negotiated between an agency, contracting activity, or contracting office and a contractor that contains the following:

a. Terms and clauses applying to future contract orders between the parties during its term

b. A description, as specific as practicable, of supplies or services to be provided; and

c. Methods for pricing, issuing and delivering future orders under the BOA.

A BOA is not a contract; it is an agreement. A BOA does not imply any agreement by the Government to place future contracts or orders with the contractor.

2. Question: What if I am an interested party but do not have a BOA with DLA Energy?

Answer: See Q&A number 6.

3. Question: How is this RFP different than how DLA Energy has procured renewable energy in the past years?

Answer: This RFP offers a contracting vehicle for federal agencies to meet their individual agency goals and initiatives under Executive Order (EO) 14057 and its Implementing Instructions.

4. Question: Which Agencies can order from BOA Holders?

Answer: Only Ordering Agencies listed in Section H, Table 1- Authorized Ordering Agencies are authorized to issue Requests for Quotes under this BOA.

5. Question: What steps do Government Agencies need to take in order to utilize the DLA Energy

BOA?

Answer: Any interested Government Agency should call the BOA administrative points of contact listed on the BOA RFP’s SF1449 Block 7a and 7b to discuss their options. Since the BOA has a maximum ordering capacity, the request shall be submitted to DLA Energy. If the ordering capacity is not exceeded, DLA Energy will require the following:

a. A signed Statement of Understanding for authorized Government users Questions & Answers_V.02 dated 4/5/2023

Questions & Answers_V.02 dated 5/10/2023

b. Proof of the Government official’s certificate of appointment as a Contracting Officer, or designation as the Government Purchase Card (GPC) holder (if applicable)

c. Contracting Officer Representative (COR) designation letter (if applicable)

Upon successful completion and submission of the required materials, the agency will be added to:

a. The list of agencies DLA Energy orders on behalf of; OR

b. The list of authorized Ordering Agencies listed in Section H of the BOA RFP (either via amendment of the open and continuous RFP or via a modification to BOA(s)).

6. Question: Who can respond to Requests for Quotes?

Answer: Any interested party; however contractors must be able to submit a proposal to DLA Energy in response to the BOA RFP (SP0604-23-R-0407) AND become a BOA Holder. An authorized Ordering Agency will issue a RFQ in accordance with FAR 16.703(d). As stated earlier, all interested parties must enter into a BOA with DLA Energy before the Ordering Agency may enter into a binding contract because a BOA establishes the terms and clauses incorporated by reference in resultant Purchase Orders (POs).

7. Question: What constitutes a binding contract?

Answer: For the purpose of supplying RECs, the BOA terms constitute a binding contract when the Ordering Agency offers the BOA Holder a Purchase Order (PO) and the BOA Holder accepts it in writing. All POs shall be accepted by the BOA Holder “in writing,” as defined in FAR 2.101.

8. Question: Are there any limits to the dollar amount ordered?

Answer: Yes, $20M is the maximum ordering capacity for all orders issued amongst all BOA Holders over the 5 year ordering period cumulatively. Although each BOA Holder has a maximum ordering capacity not to exceed $20M; each order placed against any BOA will reduce that ordering capacity for all BOA Holders, continuously for the 5 years the BOA is established, or until the $20M capacity is extinguished, whichever is earlier. The DLA Energy Program Guidelines require each order to be reported to the DLA Energy BOA administrative Contract Specialist in order to ensure the BOA maximum capacity is not breached.

9. Question: How does DLA Energy know how many orders have been written, or what the executed dollar value is “to date”?

Answer: DLA Energy will maintain a log to track the overall BOA’s ordering limitations to ensure the maximum capacity is not breached. Each written order shall reference the DLA BOA Holder’s Agreement number, and a DLA Energy generated sequential BOA number (DLA + 4-digit sequential number). Once awarded, that Agency will be required to send DLA Energy a copy of the order.

10. Question: Can an Agency purchase item(s) that are not listed in the BOA, Section B.

Questions & Answers_V.02 dated 5/10/2023

Answer: No. Agencies cannot purchase items that are not defined in Section B of the BOA. If the market, or Government goals change over the course of the life of the BOA, please send a request to csteam@dla.mil and DLA Energy will consider a modification, should it be determined in scope.

11. Question: Are Agencies permitted to use multiple NAICS codes to specify the type of REC being purchased?

Answer: No. In accordance with Part V Small Business Administration 78 Fed. Reg. 191 (Oct 2, 2013), the predominant North American Industry Classification System (NAICS) code and size standard is required for all contracts, as well as for all orders. Based on this, DLA Energy determined the most predominant NAICS Code to be 221115- ‘Wind Electric Power Generation’.

NAICS 221115 shares the same Size Standard as all other supplies identified in the Request for Proposal (RFP) Section B, Supplies to be Furnished; thus any one NAICS chosen would not alter the opportunity for a small business set aside.

12. Question: Is the BOA RFP (SP0604-23-R-0407) set aside for small businesses?

Answer: No.

13. Question: Can a contractor become a BOA holder at any time?

Answer: Yes; provided they can meet the qualifications identified in BOA RFP SP0604-23- R-0407. DLA Energy will not limit qualified offerors from submitting a proposal during the 5-year life of the BOA. The BOA RFP will be open continuously.

14. Question: Is payment by Government Purchase Card (GPC) authorized and required to be accepted by all contractors?

Answer: Yes, except as provided in FAR 32.1108(b)(2), the Government wide commercial purchase card is authorized for use in making and/or paying for purchases of supplies, services, or construction. The Governmentwide commercial purchase card may be used by contracting officers and other individuals designated in accordance with FAR 1.603-3 and as indicated in Section H, Table 1 - Authorized Ordering Agencies. The card may be used only for purchases that are otherwise authorized by law or regulation (reference FAR 13.301(a)).

15. Question: Can an authorized Ordering Agency (who follows all DLA procedures) order a REC from BOA Holders at any time during the 5-years the BOA is posted on Sam.gov.

Answer: Yes.

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