Attachment JA6 - Proposal Requirements.pdf

SPE604-26-R-0400 Page 1 Coal-based Power Supply Attachment JA6

ATTACHMENT JA6 - PROPOSAL REQUIREMENTS

1. SUBMISSION OF DOCUMENTS

This document defines all proposal requirements, ensuring a complete proposal is submitted to DLA Energy. The items found under Section 3, Required Items for Proposal Submission, are required.

Incomplete proposals include but are not limited to: elements with no answers, missing required documents, and submitted documents that are altered.

Each offeror may utilize this document for submission by placing responses within the spaces provided. Use of this template is highly encouraged, but not required, to ensure a complete proposal is submitted. If more space is needed, offerors may submit additional attachments subject to any additional limitations stipulated herein, but requires each response to clearly indicate which element of the proposal is being addressed.

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 attachment 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 submit a timely and complete proposal may make an offer unacceptable and ineligible for award.

Offerors shall include any appropriate markings, such as the legend prescribed by FAR 52.215-1(e), Restriction on Disclosure and Use of Data, if they wish to claim protection for portions of a proposal.

2. E-MAIL PROPOSALS

(a) Proposals in response to this solicitation shall be submitted via email. E-mail proposals are subject to the same rules as paper proposals. Proposals are due no later than as defined in Block 8 of the SF1449.

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

(1) E-mail address: dlaenergy.eteam@dla.mil

(2) The DLA Energy accepts attachments in—

i. PDF

ii. Microsoft Excel;

iii. Microsoft Word; and

iv. 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.

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(g) If any portion of an e-mail proposal received by the Contracting Officer is 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.

3. REQUIRED ITEMS FOR PROPOSAL SUBMISSION

A. STANDARD FORM (SF) 1449 AND ALL SF 30s

B. EVIDENCE OF RESPONSIBILITY

C. PAST PERFORMANCE

D. TECHNICAL CAPABILITY / RISK

E. SMALL BUSINESS PARTICIPATION

F. PRICE

G. AUTHORIZED NEGOTIATORS

H. SUBCONTRACTING PLAN

I. EXCEPTIONS AND QUESTIONS

J. REPRESENTATIONS AND CERTIFICATIONS

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A. STANDARD FORM (SF) 1449 AND ALL SF 30s

In accordance with FAR 52.212-1(a)(6), if the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations, information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Please include your Standard Form (SF) 1449 and ensure the following:

☐ Box 17A has been populated with the Company Name, Address, Unique Entity Identifier (UEI), and Commercial and Government Entity (CAGE) Code

☐ Boxes 30A, 30B and 30C have been populated by an Authorized Negotiator

☐ Box 30A has been signed using a verified digital signature or scanned original ink signature

Please include all SF 30s and ensure the following for each:

☐ Box 8 has been populated with the Company Name, Address, UEI, and CAGE Code

☐ Boxes 15A, 15B and 15C have been populated by an Authorized Negotiator

☐ Box 15A has been signed using a verified digital signature or scanned original ink signature

Initial Proposal:

Attach SF1449 and all SF30s issued prior to the closing date/time defined in SF 1449, Block 8. If items above are not accounted for on the SF1449 or SF30s, proposals may not be valid and may be removed from further consideration. Ensure the signature on the forms is from an Authorized Negotiator and either verified digital or scanned ink signature.

Subsequent Amendments:

Offerors must acknowledge all additional solicitation amendments issued under this solicitation no later than 12:00 p.m. local Ft. Belvoir, VA time two business days (excluding Federal Holidays) prior to the date and time established for the submission of final price proposals. Failure to acknowledge all solicitation amendments and submit SF30s completed in the manner described above may result in the offeror’s proposal being removed from further consideration. See Section F: Price for more information.

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B. EVIDENCE OF RESPONSIBILITY

The responsibility criteria listed in this section are in addition to the general responsibility criteria set forth in FAR 9.104-1. The offeror shall submit sufficient evidence to demonstrate that all responsibility criteria from both this Section and FAR 9.104-1 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 pre-award surveys in accordance with DFARS 209.171.

The following are responsibility criteria, which must be satisfied to be eligible for award (If additional space is needed, add pages as needed):

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 closing date/time defined in SF 1449, Block 8. (INSERT RESPONSE/ATTACHMENT BELOW)

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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)

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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)

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C. PAST PERFORMANCE

Information provided by the Offeror in this section will be used to contact offeror’s customers and inquire about the offeror’s past performance. By providing this information, 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 two years as of the closing date of the solicitation.

PLEASE PROVIDE EXACTLY THREE PAST PERFORMANCE REFERENCES, AS

FOLLOWS:

1. Company Name Responsible Contract Administrator Telephone Number Email Address Total Retail Contract MWs

ISO/RTO

Local Utility Contract Start Date Contract End Date

2. Company Name Responsible Contract Administrator Telephone Number Email Address Total Retail Contract MWs

ISO/RTO

Local Utility

3. Company Name Responsible Contract Administrator Telephone Number Email Address Total Retail Contract MWs

ISO/RTO

Local Utility

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D. TECHNICAL CAPABILITY / RISK – PAGE 1

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 A RESPONSE TO #1, #2, AND #3, 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.;

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D. TECHNICAL CAPABILITY / RISK – PAGE 2

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

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D. TECHNICAL CAPABILITY / RISK – PAGE 3

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

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D. TECHNICAL CAPABILITY / RISK – PAGE 4

The Technical Capability /Risk factor has a 4-page (maximum). This is the fourth page. It may be used for any additional narrative language, which describes the company's management capabilities.

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E. 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 must be provided by all offerors regardless of business size and is separate from the requirement to submit a subcontracting plan pursuant to the clause at FAR 52.219-9.

(INSERT A RESPONSE TO #1, #2, AND #3, 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.

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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.

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

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F. PRICE

INITIAL PRICE PROPOSALS

Initial price proposals must be submitted, for those CLINs for which the offeror intends to be considered for award, on Attachment JA5 - Pricing Sheet no later than the date/time defined in SF 1449, Block 8.

Offerors may submit prices on all, some or none of the line items contained in the solicitation. All prices shall be in dollars per kWh ($/kWh) and shall not exceed five digits to the right of the decimal unless otherwise specified in the solicitation.

An offeror must propose supplying 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.

FINAL PRICE PROPOSALS

Following the initial evaluation of proposals, it is the Government’s intention to enter into discussions with all Offerors within the competitive range. Once discussions have been closed by the Contracting Officer, the Government intends to request a Final Price Proposal Revision from all offerors remaining in the competitive range. The due date/time for Final Price Proposals will be defined in a future amendment to the solicitation.

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G. AUTHORIZED NEGOTIATORS

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 in Table 1—Authorized Negotiators.

Please limit the authorized negotiators to those who have signature authority and/or authorization to conduct negotiations with a high probability of being involved in discussions.

Table 1—Authorized Negotiators

Name Title Phone Number Email Address

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H. SUBCONTRACTING PLAN

The offeror shall submit a commercial or individual Subcontracting Plan that satisfies the requirements listed in Federal Acquisition Regulation (FAR) 19.206-2; unless no Subcontracting opportunities exist. In accordance with FAR 19.109(c)(2), 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 of acceptability. This statement shall be separate and independent of the response submitted for Section E – Small Business Participation.

1.1 Does your company or parent company have opportunities to subcontract to small businesses?

(PLEASE CHECK ONE OF THE FOLLOWING BOXES)

☐ Yes. (Please complete and submit Small Business Subcontracting Plan Form. Reference the Solicitation Attachment entitled “Small Business Subcontracting Plan Form”)

☐ No. (Please state the reasons why no subcontracting possibilities exist. If, based on the statement provided below, the Contracting Officer is able to determine no subcontracting opportunities exist, the offeror will not be required to submit a Subcontracting Plan. The Contracting Officer will consider relevant factors such as those cited in FAR 19.109(c)(2).

If no subcontracting opportunities exist, please provide the reason here:

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I. EXCEPTIONS AND/OR QUESTIONS

Submission of questions and/or exceptions is not mandatory. These will not be evaluated as part of the proposal ratings. Any questions and/or exceptions submitted after the Offer Due Date defined in SF 1449, Block 8 will be considered solely at the Contracting Officer’s discretion.

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J. REPRESENTATIONS AND CERTIFICATIONS

In addition the representations and certification found within www.SAM.gov, The following full-text provisions require certification by the offeror. Please review each provision and complete the highlighted section for a response as appropriate.

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION

2026-O00038 JAN 2026)

(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

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

(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).

(End of provision)

FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (DEVIATION 2026-

O00038 JAN 2026)

(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 $7 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.

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES—REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

https://www.sam.gov/ https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.204-7018

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(b) 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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

(End of provision)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY

2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense 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.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.204-7016 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.204-7018 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.204-7016

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(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).