FEWelectAmmend2.doc

�1. CONTRACT ID CODE�PAGE OF PAGES��AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT�������1�3��2. AMENDMENT/MODIFICATION NO.�3. EFFECTIVE DATE�4. REQUISITION/PURCHASE REQ. NO.�5. PROJECT NO .(If applicable)��0002�15 September 2003���������6. ISSUED BY CODE��7. ADMINISTERED BY (If other than Item 6) CODE����FA2517����21 CONS / LGCZB���1520 East Willamette Ave, Suite 106���Colorado Springs, Co 80909������ Contracting Officer: Ed Paker���8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)�(x)�9A. AMENDMENT OF SOLICITATION NO.����F05604-03-R-0011����9B. DATED (SEE ITEM 11)��������10A. MODIFICATION OF CONTRACT/ORDER NO.��������10B. DATED (SEE ITEM 13)��CODE��FACILITY CODE�����11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS����x�The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers��is extended�X�is not extended��Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following��methods :��(a) By completing Items 8 and 15, and returning�1�copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the��offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.��12. ACCOUNTING AND APPROPRIATION DATA (If required)������13. THIS ITEM APPLIES ONLY TO MODIFICATION OF CONTRACT/ORDERS��IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.�����A. THIS CHANGE ORDER IS ISSUED PURSUANT TO : (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER ���NO. IN ITEM 10A.������B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying���office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).������C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:���������D. OTHER (Specify type of modification and authority)����������E. IMPORTANT: Contractor��is not�X�is required to sign this document and return�1�copies to the issuing office.����14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)��������See continuation page(s) attached.��������������15A. NAME AND TITLE OF SIGNER (Type or print)�16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)������Ed Paker, Contracting Officer�����15B. CONTRACTOR/OFFEROR�15C. DATE SIGNED�16B. UNITED STATES OF AMERICA�16C. DATE SIGNED����������������BY�����(Signature of person authorized to sign)��(Signature of Contracting Officer)�����NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)��PREVIOUS EDITION UNUSABLE PRESCRIBED BY GSA��COMPUTER GENERATED FORM FAR (48 CFR) 53.243��

12 September 2003 F05604-03-R-0011 Amendment 0002 Page 2of 3

Block 14 continued from the Standard Form 30.

The purpose of this amendment to Solicitation F05604-03-R-0011 is to update the clauses prescribed by the Federal Acquisition Regulation (FAR) and as supplemented in the Department of Defense (DFARS), Air Force (AFFARS), and Air Force Space Command and included in the above named Request For Proposal (RFP) and to include changed pages (attached); a bar in the right hand margin, indicates changed text.

By making the following changes to Paragraph I.2 entitled FAR Clauses set forth on pages 36- 39 in the table of FAR clauses incorporated by reference:

Clause 52.203-12 Limitation on Payment to Influence Certain Federal Transactions. The date is changed from Jun 1997 to Jun 2003 Clause 52.219-8 Utilization of Small Business Concerns. The date is changed from Oct 1999 to Oct 2000 Clause 52.222-3 Convict Labor. The date is changed from Aug 1996 to Jun 2003 Clause 52.222-35 the title is changed from Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era to Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Vets.

Clause 52.222-37 the title is changed from Employment Reports on Disabled Veterans and Veterans of the Vietnam Era to Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Vets.

Clause 52.223-5 Pollution Prevention and Right-to-Know Information. The date is changed from Apr 1998 to Aug 2003.

Clause 52.223-13 Certification of Toxic Chemical Release Reporting. The IAW is changed from FAR 23.907(a) to FAR 23.906(a) and the date is changed from Oct 2000 to Aug 2003.

Clause 52.223-14 Toxic Chemical Release Reporting. The IAW is changed from FAR 23.907(b) to FAR 23.906(b) and the date is changed from Oct 2000 to Aug 2003.

Clause 52.225-13 Restriction to Certain Foreign Purchases (Deviation). IAW Far 25.1103(a) dated Jun 2003, is added to the RFP by reference.

Clause 52.232-17 Interest. The IAW is changed from FAR 32.617 to FAR 32.617(a)(b) Clause 52.232-23 Assignment of Claims. The date is changed from Apr 1984 to Jan 1986. Alternate I dated Apr 1984 still applies.

Clause 52.232-25 Prompt Payment. The date is changed from Jun 1997 to Feb 2002 Clause 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration. The IAW is changed from FAR 32.1110(A)(1) to FAR 32.1110(a)(1).

Clause 52.233-1 Disputes. (ALT1) is changed to (ALT I); the date of the Alternate is Dec 1991.

Clause 52.243-1 Changes- Fixed-Price. The IAW is changed from FAR 43.205(a)(2) to FAR 43.205(a)(1) and the date is changed from Apr 1984 to Aug 1987. Alternate I dated Apr 1984 still applies.

By making the following changes to Paragraph I.3 entitled DFARS Clauses Incorporated by Reference set forth on pages 39 and 40 in the table:

Clause 252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts). The IAW is changed from DFARS 219.708 (B)(1)(a) to DFARS 219.708 (b)(1)(A).

Clause 252.225-7031 Secondary Arab Boycott of Israel. The IAW is changed from DFARS 225.770-5 to DFARS 225.1103(2).

Clause 252.247-7023 Transportation of Supplies by Sea. The IAW is changed from DFARS 247.573(b) to DFARS 247.573(b)(1).

By making the following changes to Paragraph I.4 entitled AFFARS Clauses Incorporated by Reference set forth on page 41 in the table:

Clause 5352.223.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODSs). The lowercase “s” was originally omitted from the abbreviation “ODSs” and has been added. The IAW is changed from AFFARS 5323.890-7 to AFFARS 5323.804.

Clause 5352.223-9001 Health and Safety on Government Installations. The IAW is changed from AFFARS 5323.9002 to AFFARS 5323.9001.

By making the following changes to Paragraph I.5 entitled Non-Regulated Utility Clauses Incorporated by Reference set forth on page 41 in the table:

Clause 52.222-43 Fair Labor Standards Act and Service Contract Act-Price adjustments (Multiple Year and Option Contracts). The IAW is changed from FAR 22.1006(c) to FAR 22.1006(c)(1).

Clause 52.230-3 the title is changed from Disclosure and Consistency of Cost Accounting Standards to Disclosure and Consistency of Cost Accounting Practices.

Clause 52.230-6 Administration of Cost Accounting Standards. The IAW is changed from FAR 30.201-4(d) to FAR 30.201-4(d)(1).

12 September 2003 F05604-03-R-0011 Amendment 0002 Page 3of 3

By making the following changes to Paragraph I.6 entitled Regulated Utility Clauses Incorporated by Reference set forth on page 42 in the table:

Clause 52.241-6 Service Provisions. Fill-in (c) is deleted. Fill-in (d) is added.

Clause 52.241-9 Connection Charges. The “$” at the beginning of the fill-in is deleted and replaced with (a).

By changing Paragraph I.7.2 Page 45 in part to read as follows: “In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service for employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 USC 5341 or 5332.” The Fringe Rates are changed from 32.8% to 32.85% By changing Paragraph I.7.3 Pages 45 and 46 by deleting the existing FAR clause 52.244-6 Subcontracts for Commercial Items dated October 1998 and replacing it in its entirety with FAR clause 52.244-6 Subcontracts for Commercial Items dated Apr 2003.

By changing Section K, FAR clause 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment and Other Responsibility Matters dated Mar 1996 and set forth on pages 50 and 51 by deleting it in its entirety and replacing it with, FAR clause 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment and Other Responsibility Matters dated Dec 2001.

By changing Section K, FAR Clause 52.219-22 Small Disadvantaged Business Status set forth on page 54. The date is changed from 1999 to Oct 1999

By changing Section K, FAR clause 52.223-13 Certification of Toxic Chemical Release Reporting dated Oct 1996 and set forth on page 56 by deleting it in its entirety and replacing it with FAR clause 52.223-13 Certification of Toxic Chemical Release Reporting dated Aug 2003.

By changing Section K, DFARS clause 252.209-7003 Compliance With Veterans’ Employment Reporting Requirements (Mar 1998) as set forth on page 57 by deleting it in its entirety.

By making the following changes to Paragraph L.1 entitled 52.252-1: Solicitation Provisions Incorporated by Reference (IAW FAR 52.107[a]) set forth on pages 59 and 60 in the table:

Clause 52.215-1 Instructions to Offerors- Competitive Acquisitions. The date is changed from Feb 2000 to May 2001.

Clause 52.215-16 Facilities Capital Cost of Money. The date is changed from Oct 1997 to Jun 2003.

Clause 52.215-20 Requirement for Cost or Pricing Data or Information Other Than Cost or Pricing Data. The IAW is changed from FAR 15.408(I) to FAR 15.408(1).

Clause 52.215-20 Requirement for Cost or Pricing Data or Information Other Than Cost or Pricing Data (ALT IV). The IAW is changed from FAR 15.408(I)(4) to FAR 15.408(1).

Clause 52.216.1 Type of contract. The fill-in is revised to read as follows: “fixed-price with prospective price redetermination utility services”.

Clause 52.222-24 Pre-award On-site Equal Opportunity Compliance Evaluation. The parentheses were removed from around the word “evaluation” in the title and the IAW is changed from FAR 22.810[c] to FAR 22.810.

Clause 52.233-2 Service of Protest. The IAW is changed from FAR 33.106[a] to FAR 33.106 and the following language was added:

“For the purpose of this clause the blank is completed as follows: 1520 East Willamette Avenue, Suite 106, Colorado Springs CO 80909.“

13) By changing Paragraph J1.4 (Attachment J1 to the RFP), in part, to add the following language:

"Offerors are authorized through this RFP to submit alternate proposals to include the cost of the commodity. If the offeror chooses to provide the commodity, there may be adverse affect on existing Government commodity contracts/arrangements and/or utility commodity distribution agreements. Additional costs resulting from impacts to these commodity contracts/arrangements/agreements will be captured and included as part of the economic analysis (EA). Offerors are advised to be familiar with the economic analysis model process. A sample of the EA model and the tutorial is available at http://www.afcesa.af.mil/Directorate/CEO/Contracts/UtilPrivatization/UPTemplates.htm."

14) All other terms and conditions remain unchanged.�

Section I Contract Clauses

I.1 FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

(IAW FAR 52.107(b))

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

The full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil (All CLAUSES) and http://www.arnet.gov/far (FAR Clauses ONLY [Clauses I-11 through I-750]). (End of Clause)

I.2 FAR Clauses

The following FAR clauses are incorporated by reference:

FAR Paragraph�Clause Title�IAW�Date��52.202-1�Definitions �FAR 2.201�Dec 2001��52.203-3�Gratuities�FAR 3.202�Apr 1984��52.203-5�Covenant against Contingent Fees�FAR 3.404�Apr 1984��52.203-6�Restrictions on Subcontractor Sales to the Government�FAR 3.503-2�Jul 1995��52.203-7�Anti-Kickback Procedures�FAR 3.502-3�Jul 1995��52.203-8�Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity�FAR 3.104-9(a)�Jan 1997��52.203-10�Price or Fee Adjustment for Illegal or Improper Activity�FAR 3.104-9(b)�Jan 1997��52.203-12 �Limitation on Payments to Influence Certain Federal Transactions�FAR 3.808(b)�Jun 2003��52.204-4�Printing/Copying Double-Sided on Recycled Paper�FAR 4.303�Aug 2000��52.207-3�Right of First Refusal of Employment�FAR 7.305(c)�Nov 1991��52.209-6�Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment�FAR 9.409(b)�Jul 1995��52.215-2�Audit and Records - - Negotiations�FAR 15.209(b)�Jun 1999��52.215-8�Order of Precedence – Uniform Contract Format See Section C.1 of contract�FAR 15.209(h)�Oct 1997��52.215-11�Price Reduction for Defective Cost or Pricing Data—Modifications�FAR 15.408(c)�Oct 1997��52.215-13�Subcontractor Cost or Pricing Data—Modifications�FAR 15.408(e)�Oct 1997��52.215-21�Requirement for Cost or Pricing Data or Information other than Cost or Pricing�FAR 15.408(m)�Oct 1997��52.217-2�Cancellation Under Multi-year Contracts�FAR 17.109(a)�Oct 1997��52.219-4�Notice of Price Evaluation for HUBZone Small Business Concerns�FAR 19.1308(b)�Jan 1999��52.219-8 �Utilization of Small Business Concerns�FAR 19.708(a)�Oct 2000��52.219-9�Small Business Subcontracting Plan�FAR 19.708(b)�Jan 2002��52.219-9�Alternate II�FAR 19.708(b)(1)�Oct 2001��52.219-16�Liquidated Damages—Subcontracting Plan�FAR 19.708(b)(2)�Jan 1999��52.219-25�Small Disadvantaged Business participation Program-Disadvantaged Status and Reporting�FAR 19.1204(b)�Jun 2003��52.222-1�Notice to the Government of Labor Disputes�FAR 22.103-5(a)�Feb 1997��52.222-3 �Convict Labor�FAR 22.202�Aug 1996��52.222-4�Contract Work Hours and Safety Standards Act - - Overtime Compensation�FAR 22.305�Sep 2000��52.222-21�Prohibition of Segregated Facilities�FAR 22.810(a)(1)�Feb 1999��52.222-26�Equal Opportunity�FAR 22.810(e)�Apr 2002��52.222-35 �Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Vets�FAR 22.1310(a)�Dec 2001��52.222-36�Affirmative Action for Workers with Disabilities�FAR 22.1408(a)�Jun 1998��52.222-37 �Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Vets�FAR 22.1310(b)�Dec 2001��52.223-5 �Pollution Prevention and Right-to-Know Information�FAR 23.1005�Aug 2003��52.223-6�Drug-Free Workplace�FAR 23.505�May 2001��52.223-12�Refrigeration Equipment And Air Conditioners�FAR 23.804(b)�May 1995��52.223-13 �Certification of Toxic Chemical Release Reporting�FAR 23.906(a)�Aug 2003��52.223-14 �Toxic Chemical Release Reporting�FAR 23.906(b)�Aug 2003��52.225-13 �Restriction to Certain Foreign Purchases (Deviation)�25.1103(a)�Jun 2003��52.226-1�Utilization of Indian Organizations and Indian-Owned Economic Enterprises�FAR 26.104(a)�Jun 2000��

�����52.227-1�Authorization and Consent�FAR 27.201-2(a)�Jul 1995��52.228-5�Insurance-Work on a Government Installation�FAR 28.310�Jan 1997��52.229-3�Federal, State, and Local Taxes�FAR 29.401-3�Apr 2003��52.232-1�Payments�FAR 32.111(a)(1)�Apr 1984��52.232-8�Discounts for Prompt Payment�FAR 32.111(c)(1)�Feb 2002��52.232-11�Extras�FAR 32.111(d)(2)�Apr 1984��52.232-17 �Interest�FAR 32.617(a)(b)�Jun 1996��52.232-18�Availability of Funds�FAR 32.705-1(a)�Apr 1984��52.232-23 �Assignment of Claims, ALT I�FAR 32.806(a)(1)�Jan 1986 Apr 1984��52.232-25 �Prompt Payment �FAR 32.908(c)�Feb 2002��52.232-33 �Payment by Electronic Funds Transfer --Central Contractor Registration�FAR 32.1110(a)(1)�May 1999��52.233-1 �Disputes

(Alt I)�FAR 33.215�Jul 2002 Dec 1991��52.233-3�Protest after Award�FAR 33.106(b)�Aug 1996��52.237-2�Protection of Government Buildings, Equipment, and Vegetation�FAR 37.110(b)�Apr 1984��52.237-3�Continuity of Services�FAR 37.110(c)�Jan 1991��52.241-8�Change in Rates or Terms and Conditions of Service for Unregulated Services For the purposes of this clause the blank(s) is/are completed as follows:

Date will coincide with the date of the Price Redetermination.�FAR 41.501(d)(2)�Feb 1995��52.242-1�Notice of Intent to Disallow Costs�FAR 42.802�Apr 1984��52.242-13�Bankruptcy�FAR 42.903�Jul 1995��52.243-1 �Changes – Fixed-Price

Alternate I�FAR 43.205(a)(1)�Aug 1987 Apr 1984��52.249-2�Termination for Convenience of the Government (Fixed Price)�FAR 49.502(b)(1)�Sep 1996��52.249-8�Default (Fixed Price Supply and Service)�FAR 49.504(a)(1)�Apr 1984��52.252-6�Authorized Deviations in Clauses�FAR 52.107(f)�Apr 1984�� I.3 DFARS Clauses Incorporated by Reference

The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

The following DFAR clauses are incorporated by reference:

DFARS Paragraph�Clause Title�IAW�Date��252.203-7001�Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies�DFARS 203.570-5�Mar 1999��252.203-7002�Display of DoD Hotline Poster�DFARS 203.7002�Dec 1991��252.204-7000�Disclosure of Information�DFARS 204.404-70(a)�Dec 1991��252.204-7003�Control of Government Personnel Work Product�DFARS 204.404-70(b)�Apr 1992��252.204-7004�Required Central Contractor Registration�DFARS 252.204-7304�Nov 2001��252.205-7000�Provision of Information to Cooperative Agreement Holders�DFARS 205.470-2�Dec 1991��252.209-7000�Acquisition from Subcontractors Subject to Onsite Inspection under the Intermediate-Range Nuclear Forces (INF) Treaty�DFARS 209.103-70�Nov 1995��252.209-7001�Disclosure of Ownership or Control by the Government of a Terrorist Country�DFARS 209.104-70(a)�Mar 1998��252.209-7004�Subcontracting with Firms that Are Owned or Controlled by the Government of a Terrorist Country�DFARS 209.409�Mar 1998��252.215-7000�Pricing Adjustments�IAW DFARS 215.408(1)�Dec 1991��252.219-7003 �Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts)�DFARS 219.708(b)(1)(A)�Apr 1996��252.223-7004�Drug-Free Work Force�DFARS 223.570-4(a)�Sep 1988��

�����252.223-7006�Prohibition on Storage and Disposal of Toxic and Hazardous Materials�DFARS 223.7103(a)�Apr 1993��252.225-7031 �Secondary Arab Boycott of Israel�DFARS 225.1103(2)�Apr 2003��252.231-7000�Supplemental Cost Principals�DFARS 231.100-70�Dec 1991��252.235-7003�Frequency Authorization�DFARS 235.071(b)�Dec 1991��252.236-7005�Airfield Safety Precautions�DFARS 236.570(b)(3)�Dec 1991��252.241-7001�Government Access�DFARS 241.501-70(b)�Dec 1991��252.242-7000�Post-award Conference�DFARS 242.570�Dec 1991��252.247-7023 �Transportation of Supplies by Sea�DFARS 247.573(b)(1)�May 2002���I.4 AFFARS Clauses Incorporated by Reference

The following AFFAR clauses are incorporated by reference:

AFFARS Paragraph�Clause Title�Date��5352.223-9000 �Elimination of Use of Class I Ozone Depleting Substances (ODSs)

(IAW AFFARS 5323.804)

�Apr 2003��Class I ODS Materials�Weight (lb) on hand as of Feb 99��None�None��5352.223-9001 �Health and Safety on Government Installations (IAW AFFARS 5323.9001)�Jun 1997��5352.242-9000�Contractor Access to Air Force Installations (IAW AFFARS 5342.490-1)�Jun 2002��

I.4.1 AFSPC FARSup Clauses Incorporated by Reference

The following AFSPC FARS clauses are incorporated by reference:

AFSPC FARSup Paragraph�Clause Title�Date��5352.228-9500�Insurance Requirements

(IAW FAR 52.228-5)

�Nov 2002��

I.5 Non-Regulated Utility Clauses Incorporated by Reference

The following FAR clauses are incorporated by reference if award is made to an entity that is not subject to rate regulation.

Paragraph�Clause Title�IAW�Date��52.222-41�Service Contract Act of 1965, as amended�FAR 22.1006(a)�May 1989��52.222-43 �Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts)�FAR 22.1006(c)(1)�May 1989��52.230-2�Cost Accounting Standards�FAR 30.201-4(a)�Apr 1998��52.230-3 �Disclosure and Consistency of Cost Accounting Practices�FAR 30.201-4(b)(1)�Apr 1998��52.230-6 �Administration of Cost Accounting Standards�FAR 30.201-4(d)(1)�Nov 1999��

I.6 Regulated Utility Clauses Incorporated by Reference

The following FAR clauses are incorporated by reference if award is made to an entity that is subject to rate regulation. Additionally, notwithstanding the FAR clauses incorporated by reference herein or elsewhere or provided in full text, the parties may modify appropriate FAR clauses to conform the contract clauses with similar clauses contained in a regulated utility's GSA Areawide contract.

Paragraph�Clause Title�IAW�Date��52.241-3�Scope and Duration of Contract For the purposes of this clause the blank(s) is/are completed as follows:

a. 50 years

b. Electrical Utility Distribution System�FAR 41.501(c)(2)�Feb 1995��52.241-4�Change in Class of Service�FAR 41.501(c)(3)�Feb 1995��52.241-5�Contractor’s Facilities�FAR 41.501(c)(4)�Feb 1995��52.241-6 �Service Provisions

(a) (1) N/A

(2) N/A

(b) (1) 10 year(s)

(2) 5%

(3) N/A

(d) N/A�FAR 41.501(c)(5)�Feb 1995��52.241-7�Change in Rates or Terms and Conditions of Service for Regulated Services For the purposes of this clause the blank(s) is/are completed as follows:

Date will coincide with the date of the Price Redetermination.�FAR 41.501(d)(1)�Feb 1995��52.241-9 �Connection Charge (a)To be determined at the time of contract award.�FAR 41.501(d)(3)�Feb 1995��52.241-11�Multiple Service Location�FAR 41.501(d)(5)�Feb 1995�� I.7 Other Clauses

I.7.1 FAR 52.216-5: Price Redetermination – Prospective (Oct 1997)

(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that --

(1) The prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed; and

(2) In no event shall the total amount paid under this contract exceed any ceiling price included in the contract.

(b) Definition. "Costs," as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.

(c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the�parties agree) after the date on which the data required by paragraph (d) of this section are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause. For the purpose of paragraphs (f), (g), and (h) of this section, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause.

(k) Termination. If this contract is terminated, prices shall continue to be established in accordance with this clause for

(1) completed supplies and services accepted by the Government and

(2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract.

I.7.2 FAR 52.222-42: Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service for employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 USC 5341 or 5332.

This statement is for information only; it is not a wage determination.

I.7.3 FAR 52.244-6: Subcontracts for Commercial Items (Apr 2003)

a) Definitions. As used in this clause-- "Commercial item" has the meaning contained in the clause at 52.202-1, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)

(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns (Oct 200) (15 U.S.C. 637(d)(2)(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceed $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212(a));

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(v) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (APR 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of Clause) �[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal Government.

(e) TYPE OF ORGANIZATION.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other _________________________________.

(f) COMMON PARENT.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common parent:

Name: _______________________________________________________

TIN: ________________________________________________________

(End of provision)

WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) DEFINITION. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) REPRESENTATION. (Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, SMALL BUSINESS PROGRAM REPRESENTATIONS, of this solicitation.) The offeror represents that it [ ] is, [ ] is not a women-owned business concern.

52.209-5 -- Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters. (Dec 2001)

(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, or receiving stolen property; and

(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.

(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) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, 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 non-responsible.

(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.

(End of Provision) 52.219-1/I SMALL BUSINESS PROGRAM REPRESENTATIONS (Apr 2002).

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 221122.

(2) The small business size standard is 4 million megawatts hours.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) REPRESENTATIONS.

(1) The offeror represents as part of its offer that it * is, * is not a small business concern.

�___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

52.219-22 - Small Disadvantaged Business Status (Oct 1999)

(a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation.

(b) Representations.

(1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either- ___(i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and

(A) No material change in disadvantaged ownership and control has occurred since its certification;

(B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(C) It is [identified], on the date of [its] representation, [as a certified ]small disadvantaged business concern[ in the database] maintained by the Small Business Administration [(PRO-Net)]; or ___(ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(2) __ For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: _____________.]

(c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall:

(1) Be punished by imposition of a fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Small Business Act.

(End of provision) �at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It-- [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

52.223-13 Certification of Toxic Chemical Release Reporting (Aug 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that --

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.]

* (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

* (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

* (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

* (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094).

(B) Major group code 12 (except 1241).

(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.)), or 5169, 5171, 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

* (v) The facility is not located within any State of the United States or its outlying areas.

(End of Provision)

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (MAR 1998)

(a) Definitions. As used in this provision-

(1) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.

(3) "Significant interest" means-

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtedness of a firm.

(b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include-

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the TRANSPORTATION OF SUPPLIES BY SEA clause of this solicitation.

(b) REPRESENTATIONS.

The offeror represents that it-- [ ] Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

[ ] Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the TRANSPORTATION OF SUPPLIES BY SEA clause. If the offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA.

(End of provision) �Section L

Instructions, Conditions, and �Notices to Offerors

L.1 52.252-1: Solicitation Provisions Incorporated by Reference (IAW FAR 52.107[a])

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

The full text of a solicitation provision may be accessed electronically at these addresses: http://farsite.hill.af.mil (all provisions) and http://www.arnet.gov/far.

The following FAR and DFAR clauses are incorporated by reference:

Paragraph�Clause Title�Date��52.204-6�Data Universal Numbering System (DUNS) Number (IAW FAR 4.603[a])�Jun 1999��52.211-14�Notice of Priority Rating for National Defense Use (IAW FAR 11.604[a]) �Sep 1990��52.215-1 �Instructions to Offerors—Competitive Acquisitions (IAW FAR 15.209[a])�May 2001��52.215-1�Alt I (IAW FAR 15.209[a][1])�Oct 1997��52.215-1�Alt II (IAW FAR 15.209[a][2])�Oct 1997��52.215-16 �Facilities Capital Cost of Money (IAW FAR 15.408[h])�Jun 2003��52.215-20 �Requirement for Cost or Pricing Data or Information other than Cost or Pricing Data (IAW FAR 15.408[1])�Oct 1997��52.215-20 �Alt IV (IAW FAR 15.408[l])�Oct 1997��52.216-1 �Type of Contract

(IAW FAR 16.105)

For the purposes of this provision the blank(s) are completed as follows:

“fixed-price with prospective price redetermination utility services.”�Apr 1984��52.222-24 �Pre-award On-Site Equal Opportunity Compliance Evaluation (IAW FAR 22.810])�Feb 1999��

����52.233-2 �Service of Protest

(IAW FAR 33.106)

For the purpose of this clause the blank is completed as follows:

1520 East Willamette Ave, Suite 106, Colorado Springs CO 80909�Aug 1996��52.237-1�Site Visit (IAW FAR 37.110[a])�Apr 1984��52.252-5�Authorized Deviations in Provisions (IAW FAR 52.107[e])

(a) IAW AFFARS use in this solicitation of any federal acquisition regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(deviation)" after the date of the provision.

(b) IAW AFFARS use in this solicitation of any defense federal acquisition regulation supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(deviation)" after the name of the regulation.�Apr 1984��252.204-7001�Commercial and Government Entity (CAGE) Code Reporting (IAW DFARS 204.602-70)�Aug 1999��5352.215-9001�Notice of Pre-Proposal Conference

(IAW AFFARS 5315.210)

(a) A pre-proposal conference was conducted on 27 June 2003, at F.E. Warren AFB WY, beginning at 8:00 A.M. local Wyoming prevailing time. The purpose of the pre-proposal conference was to answer questions regarding this solicitation.

(b) Attendees submitted their names in advance of the site visit and pre-proposal conference and were admitted to F.E. Warren AFB WY. A list of those attending is posted on FedBizOps.

(c) Offerors were requested to submit questions to Yvonne Cook at e-mail : Yvonne.Cook@peterson.af.mil no later than 17 June 2003.�May 1996�� L.2 Information to Offerors L.2.1 General Information L.2.1.1 Point of Contact The Procuring Contracting Officer (PCO) is the sole point of contact for this acquisition. Address any and all questions or concerns in writing to the PCO:

Name: Mr. Ed Paker Address: 1520 East Williamette Ave., Suite 106 City, State, Zip Code: Colorado Springs, CO 80909 Fax no: (719) 554-2744 E-mail: Ed.Paker@peterson.af.mil L.2.1.2 Debriefings All Offerors may request debriefings by providing a written request to the PCO at the address located in Block 8 of SF 33 within 3 calendar days after receiving notification from the PCO of The Contractor shall coordinate any changes to the streetlights or security lights that may affect blackout procedures during government operations (C9.8) with the F.E. Warren AFB Civil Engineer. �The Contractor shall coordinate any changes to the street lights or security lights that may effect blackout procedures during government operations (C9.8) with the F.E. Warren AFB Civil Engineer.

The Contractor is responsible for all supporting utilities that may be required to own, operate and maintain the utility system being privatized. For example, electricity is needed to operate wastewater lift station pumps. Supporting utilities are defined as the supply of electricity, natural gas, water, or wastewater collection and any infrastructure or materials necessary to connect to the supply of electricity, natural gas, water, or wastewater collection. The Contractor shall coordinate with the F.E. Warren AFB Civil Engineer and the Contracting Officer for any supporting utilities to be provided by the Government.

The Contractor shall enter into a Memorandum of Understanding (MOU) with the F.E. Warren AFB Fire Department for fire protection of all facilities included in the purchase of the utility system. The MOU shall be completed during the transition period and a copy provided to the Contracting Officer.

IAW Paragraph C.9.8, Exercises and Crisis Situations Requiring Utility Support, the Contractor shall provide support as directed by F.E. Warren AFB Civil Engineer Control Center for exercises and crisis situations.

J1.4 Current Service Arrangement

F.E. Warren AFB receives power from the Western Area Power Administration (WAPA) and Rocky Mountain Generation Company (RMGC).

Annual energy consumption at F.E. Warren AFB in 2002 was approximately 46.2 million kilowatt-hours (kWh). Maximum energy consumption of 4,167,000 kWh occurred in December, minimum energy consumption of 3,546,003 kWh occurred in September. The peak demand for the year was 7344 kilo-watts (kW) which occurred in July, the lowest peak demand was 6165 kW which occurred in November.

Offerors are authorized through this RFP to submit alternate proposals to include the cost of the commodity. If the offeror chooses to provide the commodity, there may be adverse affect on existing Government commodity contracts/arrangements and/or utility commodity distribution agreements. Additional costs resulting from impacts to these commodity contracts/arrangements/agreements will be captured and included as part of the economic analysis (EA). Offerors are advised to be familiar with the economic analysis model process. A sample of the EA model and the tutorial is available at (http://www.afcesa.af.mil/Directorate/CEO/Contracts/UtilPrivatization/UPTemplates.htm).

J1.5 Secondary Metering

J1.5.1 Existing Secondary Meters

Table 5 provides a listing of the existing (at the time of contract award) secondary meters that will be transferred to the Contractor. The Contractor shall provide meter readings for all secondary meters IAW Paragraph C.3 and J1.6 below.

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Amendment 0002

RFP Solicitation F05604-03-R-0011 Electric Utilities Privatization F.E. Warren AFB WY

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J1-10