CFE SOW Support Contract final v4.pdf.docx

General Services Administration Public Buildings Service Office of Facilities Management Solicitation RFP# 2023-CFE2-002 and Statement of Work Single Award for Federal Government Carbon Pollution-Free Electricity Technical and Strategy Support Solicitation

06/30/2023

Table of Contents

4.0 Staff Proposed for Contract

9.0 Security 17

9.1 Homeland Security Presidential Directive (HSPD-12) and Background Investigations

1.0 Introduction

GSA is evaluating PPA (Power Purchase Agreements) and other innovative clean energy procurement vehicles in order to meet CFE goals as required by EO 14057 and requires consulting services to support this effort.

1.1 Purpose

The U.S. General Services Administration’s (GSA) provides centralized procurement for the Federal Government, managing a nationwide real estate portfolio of more than 370 million rentable square feet and overseeing approximately $84 billion in annual contracts. GSA’s mission is to deliver the best customer experience and value in real estate, acquisition, and technology services to the government and the American people.

Executive Order 14057 (EO 14057) on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (December 8, 2021), lays out a “whole-of-government” approach and directs the United States Government Executive agencies (USG) to “lead by example in order to achieve a carbon pollution-free electricity (CFE) sector by 2035 and net-zero emissions economy-wide by no later than 2050.”

Relevant to the tasks outlined in the solicitation, EO 14057 Sec. 203, Transitioning to 100 CFE, further provides that “[e]ach agency shall increase its percentage use of carbon pollution-free electricity, so that it constitutes 100 percent of facility electrical energy use on an annual basis, and seek to match use on an hourly basis to achieve 50 percent 24/7 carbon pollution-free electricity, by fiscal year 2030 and then achieve 100 percent 24/7 carbon pollution-free electricity by fiscal year 2035.”

EO 14057 defines “carbon pollution-free electricity” as “electrical energy produced from resources that generate no carbon emissions, including marine energy, solar, wind, hydrokinetic (including tidal, wave, current, and thermal), geothermal, hydroelectric, nuclear, renewably sourced hydrogen, and electrical energy generation from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that meets [Environmental Protection Agency (EPA)] requirements.”

EO 14057 also defines “24/7 carbon pollution-free electricity” as “carbon pollution-free electricity procured to match actual electricity consumption on an hourly basis and produced within the same regional grid where the energy is consumed.”

Within the GSA’s Public Buildings Service (PBS), the Office of Facilities Management (OFM) has a team of contracting officers (CO), contracting officers Representatives (COR) and subject matter experts that work to reach these goals. This team will be referred to as the CFE Program Division for purposes of this solicitation. The CFE Program Division is seeking to obtain technical expertise, advisory services and consulting to assist GSA with planning and execution of reaching the CFE goals outlined in EO 14057 within the Continental United States, Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands in both the retail choice (deregulated) and vertically integrated markets (regulated).

1.2 Objective

The CFE Program Division, located at GSA’s Headquarters Office, 1800 F Street, NW, Washington, DC 20405, requires technical expertise and advisory, consulting, and program management services to help meet objectives of EO 14570 in terms of the tasks outlined in this SOW.

There is a need for coordination, planning, modeling, and structuring of new projects with various Renewable Power Developers and various utilities in Retail and Vertically Integrated Markets to produce CFE for the USG goals outlined in EO 14057. In Vertical Markets there are options for PPAs, and Green Tariffs of which GSA will need to have accounts enrolled and pursue PPA contract agreements. In Retail Markets GSA will pursue PPA contract agreements to achieve goals of EO 14057. GSA requires market expertise in all electric energy markets to decide what opportunities to pursue based on procurement strategies of the CFE Program and current market conditions.

The CFE Program Division current priorities and objectives are to:

· Purchase CFE as defined by EO14057.

· Provide USG with opportunities for PPAs.

· Identify opportunities for special contracts in the Vertically Integrated markets.

· Identify opportunities for special contracts in the Retail markets.

· Prioritize procurements based on the Carbon Intensity of Grid Regions, followed by electric load use as a secondary variable. Where these factors intersect will be a priority.

· Conduct in depth financial and life cycle cost analysis as well as risk on all options.

· Monitor and track CFE produced and consumed through the procurements of CFE energy for GSA.

2.0 Scope

The CFE Program Division requires contract support to help the USG meet EO 14057 goals of 100% CFE by 2030, including 50% 24/7 CFE, and 100% 24/7 CFE by 2035. The CFE Program Division will require technical expertise, advisory and consulting services to execute new projects to reach the CFE goals in EO 14057. The specific tasks are described below in Section 3.0.

The Vendor shall support the CFE Program Division’s priorities and objectives listed in section

1.2 above by providing:

● Consulting, technical expertise and advisory services in the following areas (each area described in greater detail in section 3.0, below):

○ Market advising

○ PPA market forecasting and analysis

○ Advising with completion and award of PPAs and other procurements in Retail and Vertical Markets.

3.0 Tasks

The Vendor shall provide the tasks and deliverables, as described below and in Section 5.0 Deliverables of this SOW. As further explained in Section 5.0, the Vendor must provide a Project Work Plan to perform each of the tasks and deliverables and submit monthly reports. For each of the tasks, the Vendor must deliver a draft document prior to approval of the final deliverable.

To accomplish all tasks, the Vendor must at minimum review and be knowledgeable about EO 14057 and the list of policy, guidance, and training documents described in Section 8.0 Government Furnished Equipment (GFE) / Government Furnished Information (GFI).

Additionally, to accomplish all tasks, the Vendor must participate in bi-weekly 1-hour meetings with the CFE Program Division for the purpose of gaining an understanding of the development, implementation, and oversight of the CFE goals in EO 14057, role of GSA in executing the work required to reach the CFE goals, as well as, reviewing draft deliverable documents.

See Section 5.0, Deliverables for deliverable, tentative due date, and required format of the deliverables.

3.1 Task 1: Market Advising

1. Need to have electric market expertise and experience working in the electric markets with PPAs. Experience/Expertise is required in both vertical and retail energy markets.

2. Knowledge of EO 14057 and understand how the implementation instructions relate to obtaining CFE using bridge EACs in conjunction with PPAs and other long-term agreements.

3. Offer data-backed strategic guidance to GSA to focus agency CFE procurement efforts on markets where additional CFE procurement will contribute to immediate meaningful emission reductions and in which CFE is likely to be available. This may take the form of focusing on purchase of CFE in grid regions with the highest carbon intensity emissions, so that GSA procurement has a profound impact on reducing emissions, then advising on procurement strategies of CFE in grid regions that initially have lower emissions. Utilize data to inform suggestions and demonstrate impacts of implementing strategy.

4. Research and provide GSA with technical and process solutions to provide CFE that will have the ability to be 24/7 load matched.

5. Manage complex data sources, provide “procurement strategies” for renewable energy, and develop comprehensive strategies to support achievement of the GSA’s goals.

6. Need to possess extensive experience in all balancing authorities (Vertical and Retail Markets). Given the details in the implementing instructions with BA requirements there is a need to recognize that achievement of GSA’s goal may take unique support.

7. As needed and/or upon request, provide advisory services to support goals using specific strategies that will.

· Utilize EACs and/or PPAs of all types. Onsite options as well such as energy storage and use of new technologies that meet the CFE definition per EO 14057.

· Provide types of integrated solutions that could be used along with existing strategies to reach CFE goals.

3.2 Task 2: PPA Market Forecasting and Analysis

1. Combine business planning, market insights, commercial forecasts services for decision making. Provide insight into GSA's timing and strategy for purchasing or entering contracts for CFE generation.

2. Provide feasibility analysis of potential opportunities in Retail and Vertically Integrated Markets, upon request. Analysis should also provide recommendations based on existing strategies and CFE goal targets.

3. Evaluate existing utility offerings and recommend available or existing green tariffs and green programs that can contribute to or meet GSA’s goals under EO 14057. Assist GSA with finding Green Tariff opportunities in Vertically Integrated Markets. Provide all information and aid GSA in the process of enrolling accounts in Green Tariffs.

4. Project Sourcing; Provide a shortlist of potential PPA projects in all electric energy markets.

a. Provide risk analysis.

b. Customized Request for Proposal creation based on GSA guidance/reviews.

c. Develop cost estimates where directed by GSA.

d. Data projections on market/project capabilities to include 24/7 load matching by the goal date requirements of EO 14057

e. Provide any needed reviews for opportunities identified as directed by GSA. Project evaluations will use rankable scoring criteria and provide a short list of projects that line up with the procurement strategies that GSA has in place. Aid GSA with contract negotiation or contract execution where needed or requested.

5. Create Reports and analysis of markets as directed by GSA.

6. Provide GSA with a distribution list of industry experts and participants in order to ensure optimum response to solicitations and Requests for Information, if any.

3.3 Task 3: Procurement Support Services

1. Connect CFE Program Division with Power Developers as well as PPA contacts and market experts in all markets.

2. Provide guidance and training to GSA staff responsible for performing all pre- and postaward CFE procurement and contract administration support of PPAs used by GSA to reach the CFE goals.

3. Procurement support services will include advising with the request for proposals (RFPs) for selected CFE generation projects, procurement support services, contract structure, terms and conditions, fee structure, quantitative valuation of offers (ranking by NPV (Net Present Value) where possible) energy accounting, settlement, and buyer aggregation.

Vendors will support GSA through scope of work development, solicitation issuance, technical evaluations of the developer proposals, contract negotiations, contract award, and contract administration.

4. Conduct a performance review of all executed procurements to meet the goals to ensure progress toward the goal is on track.

5. Conduct a performance review of executed procurement to ensure contracts are meeting their performance obligations and any damage payments resulting from under-deliveries are made and excess deliveries are not overpaid or paid in excess of contract terms.

6. In Vertical Integrated markets:

a. Evaluate existing utility or other load serving entity tariff and/or rate offerings and advise GSA on their choices between utilizing green tariffs or special rates versus entering into new long-term offtake agreements and the risks and benefits of each option to support GSA leadership evaluation of options.

b. Evaluate the concept of “Sleeve PPAs” in which Power Developers contracts the PPA and GSA enters into contract as the “Off-Taker”. GSA will buy the “Bridge EACs” and or “Bundled EACs from the project for term agreements in accordance with FAR regulations.

c. Recommend hourly green tariff options for consideration in all service territories that are suitable for the USG to enter negotiations with the utility.

d. Utility territories that do not have hourly green tariff options (including for hourly matching of CFE to demand) recommend for consideration in all service territories that are suitable for the GSA to enter negotiations with the utility.

e. Support GSA involvement in rate cases or other utility adjudicatory proceedings including the PUCs (Public Utility Commissions).

f. Evaluate permitting and operations and maintenance support considerations. Include but not limited to funding costs.

7. In Retail Markets:

a. Evaluate the concept of “Sleeve PPAs” in which Power Developers contracts the PPA and GSA enters into contract as the “Off-Taker”. GSA will buy the “Bridge EACs” and or “Bundled EACs from the project for term agreements in accordance with FAR regulations.

b. Provide GSA with opportunities of PPA’s that will provide the ability to provide 24/7 load matching.

3.4 Task 4: Small Business Subcontracting Plan

The Vendor shall implement a Small Business Subcontracting Plan to provide maximum practicable opportunities for small business participation in the performance of this contract.

As part of its proposal, the Vendor must submit its Small Business Subcontracting Plan, describing how it will meet the goal of subcontracting 20% of the total annual dollar amount of this contract to small business(es). This requirement is applicable to all Prime vendors, large or small.

Each year the Vendor must submit a report, 60 calendar days prior to the end of the performance year, describing its actual achievement relative to its small business subcontracting plan. The Government will review the report to ensure the Vendor is complying with its plan prior to awarding any option year.

4.0 Staff proposed for this Contract.

The contractor must demonstrate education and professional experience in the areas outlined in Section 3 – Tasks. The table below provides a list of labor categories anticipated to perform the SOW, and those with a (*) are considered “key”. Personnel proposed by the Vendor must have the requisite education, training, and experience to conduct the tasks described in this SOW. The Vendor shall identify the key personnel and provide their resumes for evaluation, to include their academic degrees, professional certifications, and years of professional experience. There will be no conversion of education for experience for any of the labor categories. The Vendor must also map their proposed staff to each of the tasks in this SOW.

Consultant/ Renewable Energy Professional, Regulatory Expert Under 2000

Analyst, Certified Energy Manager, Financial Analyst Under 2000

Communications Specialist, Administrative or Project Assistant Under 2000

*Senior Technical Consultant/ Renewable Energy Professional

· Minimum of a bachelor’s degree in environmental engineering or comparable degree, technical master’s degree, and 8 years of professional technical and management experience in renewable energy, both onsite and offsite CFE generation facilities, NEPA, and public scoping meetings and hearings

· Provides technical review and subject matter knowledge on task components related to renewable energy and CFE generation facilities, grid operations, and electric retail choice and vertically integrated markets.

· May serve as senior level technical expert for one or more subject matter areas described in the SOW

· Project management, overall supervision and coordination of project, develops work plan, monitors schedule and performance.

· Provides staff technical direction, advice, and recommendations.

· Problem analysis, evaluation, and strategy development and implementation

· Works closely with the CO/COR

· May serve as technical expert for one or more subject matter areas described in the SOW

*Mid-level Technical Analyst

· Mid-level professional with a bachelor’s and master's degree in engineering and experience in renewable energy, grid operations, electric retail choice and vertically integrated markets, and onsite/offsite CFE generation facilities

· Contributes to preparation of task deliverables

· Provides subject matter technical expertise and knowledge, on all technical tasks and strategies.

· Contributes to preparation of task deliverables

services, rates, and regulations

· Demonstrated experience with the State Utility regulatory process and Federal Energy Regulatory Commission (FERC) process

Technical Writer/Editor or Communications Specialist

● Support with preparing documents and presentations, including visuals and graphics

The skill level and qualifications of the key personnel shall be maintained through completion of the SOW and be responsible for all activity under this SOW and the resulting completion of each assignment. Proposed changes of key personnel shall be provided in writing to the CO and COR for approval. The proposed change submittals should describe the proposed action (including resignation if applicable), any corresponding transition plan, and assessment of the anticipated impact to the program efforts.

5.0 Deliverables

All deliverables under this contract become Government property and may be publicly released under the Freedom of Information Act (FOIA), unless the Vendor marks them proprietary, and the Government concurs.

The Vendor shall provide all the deliverables specified in the deliverable table below.

Task 1. Market Advising

Task 2. Market and Load Forecasting

2.1 Analyze, facilitate, track, and submit Monthly Report Google Documents technical report information about Throughout life of Market Conditions in connection with contract Task 1 and 3.

Task 3. Procurement Services

Task 4. Small Business Subcontracting Plan

Subcontracting Plan in the Technical Proposal submittal and update as needed and annually.

The Vendor shall prepare a draft of each listed deliverable specified in the deliverable table above. Draft documents shall be forwarded to the COR for review within 10 working days or less (unless otherwise notified well in advance) of the final due date. The Vendor shall make any changes to the draft documents, prior to delivering final documents. Each deliverable shall be considered final upon acceptance by the COR. The deliverables must be in an editable format for GSA. Unless otherwise specified, the Vendor’s Project Manager shall provide all reports and other deliverables electronically.

5.1 Weekly Status Reports

In addition to the deliverables identified in the tasks above, the Vendor shall provide weekly status reports on energy market conditions, new CFE offerings, CFE generation projects, and current contact administrative issues, via email, to the COR. The Vendor and COR will come up with an agreed upon date/time for each report. Acceptable formats for the status reports shall include Google Slides, PDF, Google Sheets, email or other formats agreed to by the COR.

5.2 Project Meetings, Work Plan, and Status Reports

The Vendor’s Project Manager shall prepare and provide a Project Work Plan to perform the tasks in this SOW that addresses, at minimum, each of the subtasks and delivery dates of draft and final deliverables. The Project Work Plan must detail how the SOW will be executed and the associated schedule.

The Project Work Plan shall:

· Be provided to the COR, after award but before any work has begun, within 1 week of the kick-off meeting, and must be accepted by the COR.

· Include bi-weekly 30-minute project team check-in meetings (via video conferencing), as agreed upon by the Vendor and COR, to discuss project status and deliverables.

· Include bi-weekly 1-hour meetings with the CFE program team (via video conferencing). The purpose of these meetings will be for the CFE program team to provide the Vendor with a more detailed understanding of the CFE program procurement strategies, discuss development of the task deliverables, and review draft deliverable documents.

The Vendor shall be responsible for tracking project status and providing routine (at least monthly) project status updates to the COR. The Vendor shall be responsible for preparing the meeting agenda and notes for bi-weekly check-in meetings/conference calls.

The Vendor’s Project Manager shall provide monthly written status reports, via email, to the CO and COR by the 5th workday of each month. Monthly status reports must include:

· An updated Project Work Plan, with the status of each task and subtask.

· Summary progress report for each task (e.g., a description of specific tasks and actions completed).

· Rate of expenditures and progress on remaining funds, for each task and associate labor category.

Unless otherwise specified, the Vendor’s Project Manager shall provide all reports and other deliverables electronically.

6.0 Place and Period of Performance

The work will primarily be performed at the Vendor’s offices, or off-site. Meetings will primarily be conducted via video conferencing (e.g., Google Meet).

The contract shall be a firm-fixed price base year. The period of performance is anticipated to begin September 1, 2023, and continue until August 31, 2024. However, the Government, at the conclusion of the procurement, shall determine the contract’s final period of performance based on the actual award date.

Anticipated Period of Performance:

Base Year: September 1, 2023 – August 31, 2024

Core Hours: 8am to 4:30pm local time zone of worksite.

7.0 Travel

While not expected this SOW may require travel. All travel must be preapproved by the GSA COR. The reimbursable costs must be authorized in advance by the CO and adhere to the Office of Government-Wide Policy’s Federal Travel Regulations (FTR) guidelines. (FAR 31.205-46) All travel expenses will be submitted on an incident basis, if needed, and approved by the CO prior to travel occurring. Local travel is not reimbursable. Local travel is defined as within fifty

(50) miles of the place of performance.

8.0 Government Furnished Equipment (GFE)/ Government Furnished Information (GFI) Any use of Government equipment necessary for Vendor personnel to complete the tasks and deliverables and if Virtual Private Network (VPN) access* to GSA networks is provided to a Vendor; these individuals shall not be given VPN access until their suitability clearance preliminary access (fingerprint check) has been successfully adjudicated.

*Under the most recent Office of the Chief Human Capital Officer (OCHCO) HSPD12 Standard Operating Procedure, a successful fingerprint clearance is sufficient to allow network access.

Unless specified otherwise, the Vendor is responsible for all equipment and supplies to perform the services and tasks in the SOW. The anticipated GFI is access to GSA information (listed below) necessary to perform the services and work assignments under this SOW. The Government will provide the Vendor with GFI to support completion of the Tasks.

The anticipated GFI is:

1. WH Fact Sheet on the Executive Order

2. Executive Order

3. Executive Order Implementing Instructions

4. Federal Sustainability Plan

5. OMB Memorandum to Departments and Agencies

6. Areawide Guidance

7. Power Purchase Agreement template

8. GSA CFE Program targets and procurement strategies

9.0 Security

The Vendor shall comply with GSA administrative, physical, and technical security controls to ensure that all Government’s security requirements are met. In addition, all Vendor personnel shall adhere to the GSA PBS’s HSPD-12 rules and regulations. The Vendor is responsible for addressing any issues or concerns raised by PBS within a one week turn around.

9.1 Homeland Security Presidential Directive (HSPD-12) and Background Investigations Requirement For any Vendor personnel performing work under this SOW who shall require access to GSA IT applications, systems, or data, the Vendor(s) shall comply with the Homeland Security Presidential Directive-12 (HSPD-12) security clearance process. This means first obtaining a fingerprint clearance, which typically takes 3-4 weeks. At that point, the Authorizing Official (AO) can grant limited access on a case-by-case basis. Next, a preliminary favorable adjudication of their National Agency Check with Inquiries (NACI) clearance level shall be received. This process can take 1 to 2 months. Only when a full NACI adjudication is received shall full access be granted. This process usually takes four (4) to eight (8) months, though it could take as many as 12 months.

The Vendor(s) shall submit the necessary paperwork to conduct a National Agency Check with Inquiries (NACI) background investigation for each proposed personnel prior to working on the contract. Vendor(s) shall not be granted access to a GSA facility or to any GSA IT system prior to a favorable response to the fingerprint portion of this background investigation. An individual Vendor’s failure to return satisfactory results from the background investigation shall result in immediate removal of that Vendor.

Higher levels of clearance shall also be required depending on the level of trust required to perform specific duties or perform a specific task. For any Vendor who shall have access to Controlled Unclassified Information (CUI), Financial Transactions, Personally Identifiable Information (PII), or any data that is deemed to require a higher level of trust, a Minimum Background Investigation (MBI) shall be required.

The Vendor shall be required to fund their employees’ security clearance and background investigation processes; the Government will not provide funding for these requirements.

The Vendor may be required to provide on-site staff to support the CFE program team at 1800 F Street, NW, Washington, DC 20405 during GSA’s core hours of operation at least one day per week. The Vendor must have telework capabilities and be able to perform all duties remotely, if needed. Telework schedules will be subject to GSA facility operating status and COR approval.

9.2 Privacy Act

Work on this contract will require personnel to have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

9.3 Protection of Information

The Vendor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under the contract. In addition, the Vendor shall protect all government data, equipment, or information by treating the material as sensitive. CUI information, data, and/or equipment shall only be disclosed to authorize personnel. The Vendor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment shall be returned to Government control, destroyed, or held until otherwise directed. Items returned to the Government will be hand carried or mailed to the COR using certified mail. The Vendor shall destroy unneeded items by burning, shredding, or any other method that precludes the reconstruction of the material.

9.4 Non-Disclosure Agreement

The Vendor and their personnel shall be required to sign non-disclosure agreements at the start of the contract.

9.5 Organizational Conflict of Interest

FAR 9.5, Organizational Conflicts of Interest, applies. If the CO determines that a Vendor may have a potential organizational conflict of interest, then the Vendor shall be required to submit a mitigation plan and, if awarded, comply with any procedures put in place to avoid or mitigate conflicts.

10.0 Administration 10.1 GSA Electronic Invoicing

All invoicing shall be done electronically. Password and electronic invoice access shall be obtained through GSA web site at https://finance.ocfo.gsa.gov/. Invoices shall be itemized as per the specific line items utilized during that billing period.

Billing and payment shall be accomplished in accordance with this clause. The Vendor shall have the invoice certified by the client representative. The Vendor’s invoice shall be for no less than one month. The Vendor shall invoice only for the hours, travel, and/or unique services ordered by GSA and actually used in direct support of the client representative’s project. A copy of the Government’s document (receiving report) accepting the covered services shall accompany invoices submitted for payment. A copy of the invoice shall be submitted via email to the Government COR/PM, along with the monthly status reports, at the same time that it is submitted for payment. Failure to comply with the procedures outlined above shall result in your payment being delayed.

The Vendor shall submit with a GSA Form 1142- Release of Claims with submission of the final invoice at the end of the period of performance. A copy of the form should be sent via email to the CO identified in Block 26A of the award document (GSA Form 300) and to the Contract Specialist and COR identified as the Government POCs in this SOW.

10.2 Delivery Schedule

The Vendor’s delivery schedule shall be as follows:

10.3 Inspection and Acceptance

The Government will have five (5) business days to complete the review of each deliverable and accept or reject the deliverable by giving written notice. When the Government fails to complete the review within the review period, the deliverable shall become acceptable, unless an extension of the review period is requested and mutually agreed upon. In the event of rejection of any deliverable, the Vendor shall be notified in writing by the COR giving the specific reason(s) for the rejection. The Vendor shall have five (5) business days to correct the rejected deliverable and return it to the Government COR. The Vendor shall be allowed one (1) resubmission of deliverables.

10.4 Unauthorized Commitment

The COR or any other client representative is not authorized to change any of the terms and conditions of the resultant contract. Changes, if any, shall be made by the CO only.

10.5 Personal Services

The Government has determined that in order to satisfy the requirements in this SOW the use of a contract is in the best interest of the Government, economic and other factors considered, and this contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) 37.104 titled "Personal Services Contract”.

10.6 FAR/GSAM Clauses

This contract incorporates one or more clauses by reference, with the same force and effect as if given in full text. Upon request, the CO will make their full text available. In addition, the full text of a clause can be accessed electronically at this address: www.acquisition.gov/far/.

FAR Clauses 52.202-1 -- Definitions. (Jun 2020) 52.203-6 -- Restrictions on SubContractor Sales to the Government. (Jun 2020) 52.203-6_Alternate I (Nov 2021) 52.203-7 -- Anti-Kickback Procedures. (Jun 2020) 52.203-17 -- Vendor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Jun 2020) 52.203-19 -- Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017) 52.204-7 -- System for Award Management. (Oct 2018) 52.204-13 -- System for Award Management Maintenance. (Oct 2018) 52.204-16 -- Commercial and Government Entity Code Reporting. (Aug 2020) 52.204-17 -- Ownership or Control of Offeror. (Aug 2020) 52.204-18 -- Commercial and Government Entity Code Maintenance. (Aug 2020) 52.204-19 -- Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 52.204-26-- Covered Telecommunications Equipment or Services-Representation. (Oct 2020) 52.207-1-- Notice of Standard Competition. (May 2006) 52.212-1 -- Instructions to Offerors-Commercial Items. (Nov 2021) 52.212-4 -- Contract Terms and Conditions-Commercial Items. (Nov 2021) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. (May 2022) 52.212-5_ Alternate I (Nov 2021) 52.217-8 -- Option to Extend Services. (Nov 1999) 52.217-9 -- Option to Extent Term of the Contract (March 2000) 52.219-28 -- Post-Award Small Business Program Representation. (Sep 2021) 52.222-41 -- Service Contract Labor Standards. (Aug 2018) 52.222-50 -- Combating Trafficking in Persons. (Nov 2021) 52.223-18 -- Encouraging Vendor Policies to Ban Text Messaging While Driving. (Jun 2020) 52.232-23 -- Assignment of Claims. (May 2014) 52.232-39 -- Unenforceability of Unauthorized Obligations. (Jun 2013) 52.233-1 -- Disputes. (May 2014) 52.233-1_Alternate I (Dec 1991) 52.233-3 -- Protest after Award. (Aug 1996) 52.233-3_Alternate I (June 1985) 52.233-4 -- Applicable Law for Breach of Contract Claim. (Oct 2004) 52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation. (Apr 1984) 52.242-15 -- Stop-Work Order. (Aug 1989) 52.242-17 -- Government Delay of Work. (Apr 1984) 52.244-6 -- Subcontracts for Commercial Items. (Jan 2022) 52.245-1 -- Government Property. (Sep 2021) 52.245-1_Alternate I (Apr 2012) 52.246-1 -- Vendor Inspection Requirements. (Sep 2021) 52.246-25 -- Limitation of Liability-Services. (Feb 1997) 52.253-1 -- Computer Generated Forms. (Jan 1991)

FAR 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 thirdparty 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.

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.

(1) 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.

(End of clause)

GSAM Clauses

Commercial Items (Jan 2022)

Executive Orders Applicable to GSA Acquisition of Commercial Items (Jan 2022)

11.0 Government Points of Contact

James Zellander Contracting Officer Representative (COR) Office of Facilities Management (PM) Carbon Pollution-Free Electricity Division james.zellander@gsa.gov 205-944-6536

Bonnie Bueter Alternate Contracting Officer Representative (ACOR) Office of Facilities Management (PM) Carbon Pollution-Free Electricity Division bonnie.bueter@gsa.gov 202-227-1635

Request for Proposal (RFP)

12.0 Proposal Submission

Offerors shall prepare and deliver technical and price proposal that shall be evaluated in determining the “best value” proposal. All proposals shall be submitted via an email to laurie.schimmel@gsa.gov by 11:00 am, August 18, 2023.

The price proposal shall be a separate volume, .pdf attachment as well as the Excel version without formulas, from the technical volume. A minimum of four (4) electronic documents shall be submitted for this RFQ:

1. Technical narrative volume, named (Offeror’s Name) – Technical Volume

2. Price PDF narrative volume, named (Offeror’s Name) – Price Volume

3. Price Excel template document, named (Offeror’s Name) - Required Price Quote

4. Resumes, with each individual file labeled as, (Offeror’s Name) – Resume of (Individual Last Name) Offerors may add on to the file names after this defined piece.

Large email attachments can be delayed during regular business hours. GSA has an attachment size limit of 25 MB. If this is a problem, submit as multiple emails with small attachments, or with enough time to clear the server delays. Proposals not time stamped in the receiving email inbox, at or earlier than the due date and time, will be late and not accepted.

All material that is not originally authored by the Offeror, including images, tables, or statements, shall credit the original author; citation reference format is at the discretion of the Vendor.

Questions regarding the SOW or RFP may be submitted to laurie.schimmel@gsa.gov by 9:00 am, July 28, 2023. Use Attachment B, Q and A Format, to send in questions. Responses to all Offeror questions will be posted as an amendment to the RFP.

The Government intends to award without discussions with Offerors (except communications conducted for the purpose of clarification); hence, each proposal should be submitted in the most favorable terms to the Government. Proposals will be evaluated in terms of quality, depth, and relevance of information presented in response to the SOW. The Government reserves the right to conduct discussions if discussions are later determined by the Contracting Officer to be necessary. Award is anticipated in early September 2023.

Offerors shall be capable of staffing the Contract with required labor categories upon award.

12.1 Volume 1: Technical Proposal

The proposal shall be submitted with a Proposal Transmittal Letter to include the following items:

· Introduction - describing the overall approach to the SOW and corporate capabilities.

· Teaming arrangements (if applicable) – a summary of the teaming arrangements established for the purpose of responding to this solicitation and a document defining the legal agreement that exists among the parties.

· Relevant SAM Unique Employee Id (UEI)

· Point of contact email address, phone number, and fax number.

· Include a list of Proposed Subcontractor(s) and their corresponding UEI Number.

12.2 Volume 2: Price Proposal

Offerors shall provide a price proposal with fixed price for each labor category in the base period and all offerors are requested to provide a discount off of their existing pricelist. Please follow Attachment A, Required Price Template, in providing your pricing.

13.0 Methodology for Award

The Government intends to make an award resulting from this RFP to the responsible offeror(s) whose proposal conforming to the RFP will be most advantageous to the Government, Price and other factors considered, pursuant to FAR Section 13. The method to establish this Task Order shall be based on best value to the Government, price and other factors considered.