Attachment II - Proposal Requirements.pdf

SPE60425R0400

Attachment II

MISO 2025

ATTACHMENT II - PROPOSAL REQUIREMENTS

The following document includes items required to be submitted by all offerors. With exception of the Representations and Certifications that can be found in the offerors profile on Sam.gov or submitted in Attachment III – Representations, Certifications, and Other Statements, this package should be used to ensure a complete proposal. Each offeror should utilize this document for submission and place responses within the spaces provided. Use of this template is encouraged to ensure a complete proposal.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEP

2023)(TAILORED)

NOTE 1: The paragraph below has been tailored to be more consistent with commercial practice.

All other instructions included in FAR 52.212-1 are hereby incorporated by reference (See Block 27A of Standard Form 1449).

(c) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for 4 hours from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

SUBMISSION OF DOCUMENTS

The offeror shall submit all documents required by the terms and conditions of the Request for Proposal (RFP). An offeror’s proposal must be complete with regard to this provision as well as all other requirements of the solicitation. Offerors are advised to submit proposals that are fully and clearly acceptable without additional information or explanation. Failure to provide a complete proposal submission may make an offer unacceptable and ineligible for award.

E-MAIL PROPOSALS

a. Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.

b. E-mail receiving data and compatibility characteristics are as follows:

i. E-mail address: dlaenergy.eteam@dla.mil

ii. The DLA Energy accepts attachments in—

1. Adobe Acrobat;

2. Microsoft Excel;

3. Microsoft Word; and

4. Microsoft PowerPoint.

c. Initial proposals, modifications and proposal revisions submitted via e-mail must contain offeror's signature included in the attachment to the e-mail communication.

d. Attachments that are not in .pdf file format must be sent password protected for “read only” to ensure the integrity of the data submitted.

e. Proposals submitted electronically through a single e-mail must be no more than 50 MB. DLA Energy’s mail server will reject messages larger than 50 MB.

f. The DLA Energy e-mail filter will scan the incoming e-mail and attachments for viruses and key words. Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s adult content library and may result in the e-mail delivery being delayed. Offerors are encouraged to verify receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.

g. If any portion of an e-mail proposal received by the Contracting Officer is mailto:dlaenergy.eteam@dla.mil

MISO 2025

unreadable, the Contracting Officer will immediately notify the offeror and permit the offeror to resubmit the proposal. The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror and the resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complied with the e-mail submissions instructions provided in this paragraph and with the time and format requirements for resubmission prescribed by the Contracting Officer.

h. The Government reserves the right to make award solely on the e-mail proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete signed original proposal.

REQUIRED ITEMS

In addition to the requirements set forth in FAR 52.212-1, the following items are required for Offeror’s proposal under SPE60425R0400 Request for Proposals

A. SF 1449 / SF30 (PAGE 3)

B. EVIDENCE OF RESPONSIBILITY (PAGES 4 – 7)

C. PAST PERFORMANCE (PAGE 8)

D. TECHNICAL CAPABILITY / RISK (PAGES 9-11)

E. SMALL BUSINESS PARTICIPATION (PAGES 12-14)

F. PRICE (PAGE 15)

G. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

(PAGES 16-23)

H. AUTHORIZED NEGOTIATORS (PAGE 24)

I. SUBCONTRACTING PLAN (PAGES 25-36)

An offeror must propose to supply the total line item quantity for the line items Identified in the Schedule. Failure to offer the total line item quantity will preclude Government evaluation and award to the offeror for the line items. If an offeror chooses to submit more than one offer, it may do so by submitting a separate price submittal for each. Offers based on other pricing mechanisms or alternate methods of supplying electricity may be considered.

MISO 2025

A. SF 1449 / SF 30

Please include your SF 1449 and applicable SF30 in the space provided, review and check the following boxes after completion:

☐ I have ensured the SF 1449 box 17A is completed with my Company Name, Address, Unique ID#, and Cage Code.

☐ I confirm all submitted SF 1449 documents must be signed by an authorized negotiator with either a verified digital signature or original ink signature in box 30A.

☐ I confirm SF 1449, Blocks 30B and 30C are completed.

☐ I confirm, if available, SF 30s submitted have completed box 8.

☐ I confirm, SF 30, Block 15A is signed by an authorized negotiator with either a verified digital signature or original ink signature.

☐ I confirm SF30, Block 15B and C are completed.

Attach the SF1449 and applicable SF30s below and/or between the next page(s):

MISO 2025

B. EVIDENCE OF RESPONSIBILITY

(L2.07-02) (OCTOBER 2021)

The following are responsibility criteria which must be satisfied to be eligible for award:

1.1 The offeror must possess, at a minimum, 12 months of experience providing supply and transportation (firm and/or interruptible) of electricity to wholesale or retail customers. These 12 months of experience must have been obtained no more than two years before the date of Technical Proposal submission. (INSERT RESPONSE/ATTACHMENT BELOW)

MISO 2025

1.2 The offeror must possess, or demonstrate the ability to obtain, transmission service agreements in the company’s name for the points of receipt specified in the Statement of Work. (INSERT

RESPONSE/ATTACHMENT BELOW)

MISO 2025

1.3 The offeror must be authorized to conduct business by each state’s regulatory body having jurisdiction over the state’s electric industry prior to award of any contract for solicited requirements. Submitted evidence to support this criteria must include the date such authorization was granted. (INSERT RESPONSE/ATTACHMENT VERIFICATION BELOW)

MISO 2025

The responsibility criteria listed in this section are in addition to the general responsibility criteria set forth in FAR 9.104. The offeror shall submit sufficient evidence to demonstrate that all responsibility criteria from both this Section and FAR 9.104 have been satisfied. Failure to provide such documentation shall render the offeror non-responsible and ineligible for award. In addition to evidence submitted by the offeror, the Government may obtain and consider additional information concerning the offeror’s ability to satisfy all responsibility criteria, including conducting preaward surveys in accordance with FAR 9.106.

MISO 2025

In addition to the requirements set forth in FAR 52.212-1, the following documentation shall be submitted:

C. PAST PERFORMANCE

i. Experience with End Users. Information collected in the Experience with End Users form (Attachment II – Experience with End Users) will be used to contact offeror’s customers and inquire about the offeror’s past performance. By submitting this form, the offeror agrees to permit the Government's representatives to contact the customers listed and inquire about the past performance of the offeror. Offerors are advised that the Government may use information gained from any source to evaluate past performance.

However, the Government reserves the right to only consider the Contractor’s performance under Federal Government or DLA Energy contracts.

Submit the information for government and non-government contracts or subcontracts held for retail electricity including those in progress. The references you list below must have received supply from your company for at least twelve (12) continuous months within the last three years as of the closing date of the solicitation. Information should be submitted in this table.

(USE THE FORM BELOW AND INSERT RESPONSES) Please ensure the information requested in the below table is complete and accurate. Ensure both email and phone numbers are available for each reference listed. Please ensure the month and year of the contract start / end date are listed.

Company Name

Responsible Contract Administrator

Telephone Number

E-mail Address

Total Retail Contract MWs

ISO/RTO Local Utility

Contract Start Date / End Date

MISO 2025

D. TECHNICAL CAPABILITY / RISK

Management Capability Statement. Submit a 4 page (maximum) narrative describing the company's management capabilities. The narrative shall include, but is not limited to, a description of the following: (INSERT RESPONSE TO EACH OF THE QUESTIONS

BELOW)

1. Personnel assigned to work this solicitation/contract, to include contact information, description of customer service efforts in resolving issues, such as billing and enrolling accounts, etc.;

MISO 2025

2. Contingency plan in the absence of personnel assigned to the solicitation/contract; and

MISO 2025

3. Any internal account-management capabilities, resources, or procedures relevant to successfully performing the requirements of the contract/solicitation.

MISO 2025

D. SMALL BUSINESS PARTICIPATION.

The offeror shall identify its commitment to small business (i.e. small businesses to include service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged concerns, and women-owned small business) concerns in the performance of the contract, whether as a joint venture, teaming arrangement, or subcontractor.

This requirement shall be separate from the subcontracting plan (item H identified below) submitted pursuant to the clause at FAR 52.219-9 and must be provided by all offerors regardless of business size.

(INSERT RESPONSE TO EACH QUESTION / STATEMENT BELOW)

1. Provide a description of the efforts your company will make to assure that the small businesses identified above will have equal opportunity to compete for subcontracts under the resultant contract.

MISO 2025

2. To the extent known, identify the small businesses that will have a subcontract under the resulting contract and describe the work that will be performed.

3. Identify the proportion of your proposal, as a percentage of dollars, that will be subcontracted to small businesses.

MISO 2025

E. PRICE

CLIN Pricing. Offerors shall submit all Non-Price Proposal elements and all other required documents pursuant to Attachment II – Proposal Requirements and Attachment III - Representations, Certifications, and Other Statements of this RFP. Offerors are encouraged to submit their proposals early as pricing is not required prior to the date/time defined in SF 1449, Block 8.

Prices shall be submitted via a reverse auction on a date and time to be determined. The reverse auction shall be conducted in accordance with DLAD Note L09 REVERSE AUCTION (OCT 2016).

☐ Please check this box if you require a mock auction to be completed for training purposes, prior to the actual auction.

F. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

Offerors must complete all of the provisions in Attachment III, Representations, Certifications, and Other Statements, that require a response, confirmation, or affirmation by the Offeror. These must be completed in the System of Award Management (www.SAM.gov) and/or completed manually and submitted with the Offeror’s proposal.

Please complete the following Representations, Certifications, and Other Statements BELOW via manual submission, as the following are not listed in SAM.gov:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

MISO 2025

(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.

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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It☐will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

https://www.sam.gov/

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

FAR 52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are ☐ are not ☐ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ☐ have not ☐, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are ☐ are not ☐ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have ☐, have not ☐, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to https://www.acquisition.gov/far/part-52#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5

MISO 2025

the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ☐ has not ☐, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section362&num=0&edition=prelim

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ☐ has ☐ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

MISO 2025

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_7

MISO 2025

FAR 52.209-12 Certification Regarding Tax Matters (Oct 2020)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5.5 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it

(1) Has ☐ filed all Federal tax returns required during the three years preceding the certification;

(2) Has not ☐ been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not ☐, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

MISO 2025

G. AUTHORIZED NEGOTIATORS

K33.01 (DLA ENERGY APR 2007)

Offerors must provide a list of authorized negotiators and a statement representing that the designated individuals are authorized to negotiate on the offeror’s behalf with the Government in connection with this request for proposals. The name, title, phone number, and e-mail address of each authorized negotiator should be provided. (COMPLETE TABLE BELOW)

Name Title Phone Number E-Mail Address

Please limit the number of authorized negotiators to those that will be signing the SF 1449 (proposal and any subsequent contract award), the SF 30s (amendments and modifications), and anyone that will be involved in the negotiations of the contract.

MISO 2025

H. SUBCONTRACTING PLAN

The offeror shall submit a commercial or individual Subcontracting Plan that satisfies the requirements listed in Federal Acquisition Regulation (FAR) 19.704; unless no Subcontracting opportunities exist. In accordance with FAR 19.705-2(c) Subcontracting Plans will not be required if no subcontracting possibilities exist. A statement as to why no subcontracting possibilities exist should be submitted with the proposal to allow the Contracting Officer to make a determination.

☐ Please check this box, if your company or parent company do not have opportunities to subcontract.

If it is the position of the offeror that no subcontracting possibilities exist, a statement explaining such circumstances shall be provided below. Please state the reasons why no subcontracting possibilities exist and submit to the Contracting Officer for consideration. If you stated you have no possibilities to subcontract, you are not required to submit a completed subcontracting plan.

If you did not check the box above, your subcontracting plan must be submitted and filled out using the forms on the next page. If you have an approved commercial plan through DLA or GSA for 2025, please submit those forms.

DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023 Page 1

SMALL BUSINESS SUBCONTRACTING PLAN

Offeror name and address: Date:

Type of plan (check one): If Individual, supply solicitation number; if Commercial, supply effective period.

Individual Solicitation number

Commercial Effective begin date Effective end date

The following, along with any attachments, is hereby submitted as a Subcontracting Plan to satisfy the applicable requirements of Public Law 95-507, Public Law 99-661, and paragraph (d) of FAR Clause 52.219-9, Small Business Subcontracting Plan.

Total Contract Value (completed by Contracting Officer which includes contract award and all options).

Total Projected Sales (completed by the Contractor for commercial subcontracting plans only.)

PART 1 – SUBCONTRACTING GOALS

A. Total dollars planned to be subcontracted: $ 0 Dollars Percentage

B. Dollars and percentages planned to be subcontracted to large business concerns.

LB $ %

SB $ %

C. Dollars and percentages planned to be subcontracted to SB concerns. Percentages should be expressed as a percentage of the total dollars planned to be subcontracted. The offeror shall include all subcontracts that contribute to contract performance.

VOSB $ %

SD-VOSB $ %

HUBZone $ %

SDB $ %

WOSB $ %

D. Description of principal types of supplies and services to be subcontracted to each of the SB concerns:

SB

VOSB

SD-VOSB

HUBZone

SDB

DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023 Page 2

WOSB

E. Describe method used to develop these goals (e.g. based on procurement history, available resources, etc.):

F. Were indirect costs included in establishing these goals? Yes

No If yes, describe the method used to determine proportionate share of indirect costs to be incurred with each of the SB concerns:

SB

VOSB

SD-VOSB

HUBZone

SDB

WOSB

PART 2 – SUBCONTRACTING PROCEDURES

A. Individual who will administer the offeror's subcontracting program (Reference FAR Part 52.219-9(d), Small Business Subcontracting Plan, (Par 9-15) for specific duties as they relate to the firm's subcontracting program and include additional duties the company has designated).

Name:

Title:

E-Mail Phone:

Description of Duties:

DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023 Page 3

B. Indicate methods used to identify potential sources for solicitation purposes: Existing company source lists National Minority Purchasing Council Vendor Information Service Trade Associations Federal government development centers such as DoD's Procurement Technical Assistance Center (PTAC), SBA's Small Business Development Center (SBDC) and Department of Commerce's Minority Business Development Center (MBDC) Other:

SMALL BUSINESS SUBCONTRACTING PLAN

C: Describe methods used to assure that SB, VOSB, SD-VOSB, HUBZone, SDB and WOSB concerns are provided an equitable opportunity to compete for subcontracts.

PART 3 – SUBCONTRACTING PLAN MANAGEMENT

DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023 Page 4

The offeror certifies, by signature on this plan, that the following procedures regarding management of this subcontracting plan will be enacted and maintained. The contractor agrees to provide the following:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA.

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan.

(6) Assurances that the Contractor will include the clause of this contract entitled "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the Contractor will require all subcontractors (except small business concerns) that receive subcontracts in excess of the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023 Page 5

(7) Assurances that the Contractor will -

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Contractor with the subcontracting plan;

(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for an indefinite-delivery, indefinite-quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies;

(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by SBA as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(vi) Provide its prime contract number, its unique entity identifier, and the e-mail address of the Contractor's official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(8) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the Contractor's efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service- disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women- owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, indicating -

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

http://www.esrs.gov/

DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023 Page 6

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact -

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through -

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program's requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the Contractor to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(vii) Assurances that the Contractor will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the proposal for the modification, in the same or greater scope, amount, and quality used in preparing and submitting the modification proposal.

Responding to a request for a quote does not constitute use in preparing a proposal. The Contractor used a small business concern in preparing the proposal for a modification if -

(A) The Contractor identifies the small business concern as a subcontractor in the proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or

(B) The Contractor used the small business concern's pricing or cost information or technical expertise in preparing the proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work when the modification is executed.

(viii) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.

(ix) Assurances that the Contractor will not prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to the payment to or utilization of a subcontractor.

(x) Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5).

DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023 Page 7

PART 4 – AGREEMENT AND APPROVAL SIGNATURES

A. Offeror's agreement

Offeror's signature B. Reviewed By:

Typed name and title Date

Contract Specialist 's signature

C. Contracting Officer's Approval Typed name, title, and Business Unit Date

Contracting Officer's signature Typed name, title, and Business Unit Date

D. Division Chief's Approval Is SDB goal less than 5%? Yes No If yes, a Division Chief's signature, one level above Contracting Officer is required:

Deputy's/Director's signature Typed name and title Date

E. Small Business Specialist's Approval Concur Non-concur

Small Business Specialist's signature Typed name and title Date

Small Business Specialist's Rationale:

DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023 Page 7

F. Small Business Administration Procurement Center Representative's Approval

Small Business Administration Procurement Center Representative's signature

Typed name and title Date

Small Business Administration Procurement Center Representative's Rationale:

PART 4 – AGREEMENT AND APPROVAL SIGNATURES, CONT.

Page 8 DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023

Calculating Total Planned Subcontracting Dollars

A. Total estimated dollar value of all planned subcontracting for an Individual Contract Plan; or the offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a Commercial Plan; i.e., the sum of LB and SB: $ (This number will be auto calculated when the total Large Business (LB) and total Small Business (SB) fields are populated.)

B. Total estimated dollar value of planned subcontracting with large businesses (LB):

Total estimated dollar value of planned subcontracting with small businesses (SB):

C. Total estimated dollar value and percent of planned subcontracting with small businesses (include veteran-owned, service-disabled veteran-owned, HUBZone, disadvantaged and women-owned small business concerns):

$ (Percentage of total dollars will auto populate)

Calculating Small Business Subcategories These numbers have already been captured in SB dollars; therefore, you don't need to roll them up to equal the total small business dollars allocated above. It is possible to have one company that fits into more than one category (i.e.

SDVOSB and HUBZone) and the same dollar amount would be allocated to both categories.

PART 1 - SUBCONTRACTING GOALS Instructions

Page 9 DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023

Instructions for Contractors

1. Complete Form

2. Save the completed form in PDF

3. Print saved copy and sign

4. Scan signed copy

5. Email the completed, scanned SIGNED copy

Instructions for Contracting Officer and Contract Specialist

1. Contracting Officer/Contract Specialist MUST review and sign electronically with your CAC to make a determination of adequacy PRIOR to forwarding to your Major Subordinate Command’s (MSC) Office of Small Business Programs’ email mailbox. When signing, follow the following steps:

a. Click on Tools

b. Scroll Down to Review and Approve

c. Click on Comment

d. Click on the T

e. Type Name and Title

f. Type Date

g. Click on Tools

h. Scroll Down to Forms and Signatures

i. Click on Certificates

j. Click on Digitally Sign

k. Place Cursor on Signature Block

l. Hold and Drag Across Signature Block

m. Save

2. Once all signatures are completed for approval and the subcontracting form is returned to the contracting office, the contracting officer and/or contract specialist, MUST forward a copy of the subcontracting plan to the Area Director, Office of Government Contracting, in the SBA area office where the contractor's headquarters is located.

Note: JavaScript must be enabled in order for calculations to function.

General Instructions

Page 10 DLA ENERGY - SMALL BUSINESS SUBCONTRACTING PLAN, Dec 2023

TERMS AND DEFINITIONS

The following terms and acronyms are used throughout this form:

• Commercial Plan – a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the company or a portion thereof (e.g. division, plant, or production line).

• Individual Plan – a subcontracting plan that covers the entire contract period.

• SB – Small Business concern

• VOSB – Veteran Owned Small Business concern

• SD-VOSB – Service-Disabled Veteran Owned Small Business concern

• HUBZone – Historically Underutilized Business Zone

• SDB – Small Disadvantaged Business concern

• WOSB – Women-Owned Small Business concern

• Direct and Indirect Cost – Overhead activities may be used to supplement direct charge activities.

Contractors are encouraged to use indirect costs to meet goals when direct costs subcontracting opportunities are restrictive toward meeting established goals.