FERC-13-R-0050_CEMDS.docx

FERC-13-R-0050

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a

. THIS

CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________.

YOUR

OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.

UNITED STATES OF AMERICA

(SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOC

KS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

See SCHEDULE

FERC-13-R-0050

Shirley Ruiz-Lundgren 202-502-8060 00039 Federal Energy Regulatory Commission Procurement Division Attn:

First Street, NE , Room 4J Washington

DC

20426 x 518210 $25 Million N/A X 00039 Federal Energy Regulatory Commission Warehouse P-1 Attn:

First Street, NE , Warehouse P-1 Washington

DC

20426 00039 Federal Energy Regulatory Commission Procurement Division Attn:

First Street, NE , Room 4J Washington

DC

20426 00039 Federal Energy Regulatory Commission Division of Financial Services Attn: Payment/Invoice First Street, NE , Room 42-71 Washington

DC

20426 See CONTINUATION Page See CONTINUATION Page X X

)SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A.2 Price/Cost Schedule Item Information

POP Begin: 06/17/2013 POP End: 07/19/2013 Initial set-up in accordance with Offeror's proposed technical and management approach.

POP Begin: 06/17/2013 POP End: 06/16/2014 Comprehensive Electric Market Data Solution in accordance with Offeror's proposed technical and management approach

POP Begin: 06-17-2014 POP End: 06-16-2015 Comprehensive Electric Market Data Solution in accordance with Offeror's proposed technical and management approach

POP Begin: 06-17-2015 POP End: 06-16-2016 Comprehensive Electric Market Data Solution in accordance with Offeror's proposed technical and management approach

POP Begin: 06-17-2016 POP End: 06-16-2017 Comprehensive Electric Market Data Solution in accordance with Offeror's proposed technical and management approach

POP Begin: 06-17-2017 POP End: 06-16-2018 Comprehensive Electric Market Data Solution in accordance with Offeror's proposed technical and management approach

Electric Market Data Solution

STATEMENT OF OBJECTIVE

1.0 BACKGROUND

The Federal Energy Regulatory Commission (FERC) is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC’s Mission is to ensure reliable, efficient, and sustainable energy for consumers. Fulfilling this mission involves pursuing two primary goals:

Ensure that rates, terms and conditions are just, reasonable and not unduly discriminatory or preferential.

Promote the development of safe, reliable and efficient energy infrastructure that serves the public interest.

In an effort to support the first goal, the Commission protects consumers through market oversight and surveillance; assuring compliance with tariffs, rules, regulations, and orders; detecting, auditing, and investigating potential violations; and developing and formulating policies and regulations to address emerging issues. The Commission employs various methods in these activities, including:

· Developing surveillance procedures to detect potential manipulation, anticompetitive behavior, and other anomalous activity.

· Identifying potential subjects of nonpublic investigations.

· Analyzing trading and other complex data related to manipulation or other improper conduct.

· Analyzing long-term electric market trends.

· Issuing, coordinating, and developing proposed policy reforms to address emerging issues affecting wholesale and interstate electric energy markets.

In support of these objectives, the Commission is seeking a contractor to provide access to a comprehensive electric market data solution which will enable the Commission’s staff to effectively and efficiently view, query, and analyze historical and in real time electric market data. The scope, objective, technical requirements, constraints and deliverables for the solution are defined herein. The Commission will not be implementing any new data requirements in conjunction with this solicitation.

2.0 SCOPE

The scope of the solicitation and resulting contract is all work including, but not limited to, labor, materials, hardware, software, administration, and management necessary to deploy, operate, support, maintain and upgrade a comprehensive electric market data solution to meet the Commission’s objectives set forth in this document.

3.0 OBJECTIVE

The objective of this procurement is to acquire the services of a contractor who can provide a comprehensive electric market data solution in a manner that facilitates effective, efficient, and reliable Commission access. The data solution shall satisfy the technical requirements, constraints and deliverables provided herein.

4.0 TECHNICAL REQUIREMENTS

The Offeror's proposed solution shall meet the following minimum requirements regarding the comprehensive electric market data solution and on-going support:

4.1 Comprehensive Electric market data solution (initial deployment and on-going):

The Offeror must provide at a minimum certain datasets identified below as “Required Datasets” for a minimum of four years of historical data plus timely routine updates. The Offeror must also specify which of the datasets identified as “Additional Datasets” it will be able to provide for a minimum of four years of historical data plus timely routine updates. The Offeror will also describe any additional data it will provide under this solicitation.

Required Datasets

· Data from all RTO/ISOs under the FERC's jurisdiction:

· Price Data

· Nodal power market price – Subhourly and Hourly Aggregations

· RT LMP

· DA LMP

· RT Congestion

· DA Congestion

· RT Loss

· DA Loss

· Hour ahead

· DART Return – LMP, Congestion and Loss

· HA Return

· Integrated hourly average RT LMP

· Natural Gas Prices relevant to RTO/ISO supply

· FTR/CRR/TCC markets

· Auction results – by auction round and aggregated

· Clearing prices – by auction round and aggregated

· Market constraints

· Actual Hourly DA with Shadow Prices and Contingencies

· Actual 5-Min RT with Shadow Prices and Contingencies

· Actual Hourly RT with Shadow Prices and Contingencies

· Historical Constraints with Shadow Prices and Contingencies

· Load Data

· Historical actual 5min – zonal, RTO/ISO

· Historical actual hourly – zonal, RTO/ISO

· Historical forecasts – zonal, RTO/ISO

· Transmission data

· Transmission outages

· Current Planned

· Current Actual

· Historical planned

· Historical actual

· Historical transmission outage re-postings

· Transmission Limits

· Transmission Loading Relief (TLR)

· Weather

· Nationwide Actual historical weather

· Nationwide Forecast weather

Additional datasets

· Data from all RTO/ISOs under the FERC's jurisdiction:

i. Price Data

· Collection of all posted price corrections

· Ancillary Services Market Prices and Volumes

· Regulation

· Synchronized Reserves

· Supplemental Reserves

· Uplift data, to the extent that it is available

ii. Other Real-time Datasets

· Dispatch rates

· ACE

· Intertie flows

· Loop flows

iii. FTR/CRR/TCC markets

· Pre-calculated settled congestion for obligation and option contracts

· Generator outages

i. Historical hourly generation

ii. Known current outages

iii. Known planned outages

· The Vendor is encouraged to highlight additional datasets that FERC may find uniquely valuable. For example, the associated longitude and latitude of pricing nodes or a table mapping NERC IDs to ISO/RTO Participant Names.

· The Vendor shall make this data available to the Commission for direct access in a relational database.

· The Vendor shall provide configuration and data structure support. The comprehensive electric market data solution must have a data structure that is consistent with best practices of database design allowing for efficient analysis using queries of varying complexity.

· The Vendor shall maintain and modify the database structure as FERC’s data uses evolve over time. The vendor is also encouraged to identify views, processes and precalculated values developed to improve the user experience and analysis.

· The Vendor shall work with the Commission to develop and implement automated procedures, queries, indexes, and other structures that will augment Commission access to relevant data.

· The Vendor’s solution must have data that is accurate, structured, and updated in near real-time.

· The Vendor must provide access to a solution with at least 4 years of historical data.

· The Vendor must provide a data storage environment with read and write capability

· The Vendor must maintain a secure server environment that meets OMB, FISMA, and NIST SP800-53rev3 control requirements for a system with a FIPS 199 Moderate Impact Rating. In addition, the Vendor’s system must meet FERC policies regarding Interconnection Service Agreements and other applicable regulations.

· The Vendor shall maintain a secure server environment and shall submit their SAS Type II or SSAE 16 SOC (Type I, II, or III) audit report of their IT data center security controls, whichever reporting format is applicable.

· It is imperative that this solution contain all data posted by the RTOs/ISOs as well as updates and corrections to the data. The Vendor is encouraged to describe automated processes used to identify missing or updated data from the RTO/ISO websites.

4.2 Access to the electric market data

· The Vendor shall ensure 99.0% uptime.

· The Vendor shall provide FERC both front-end and back-end access to the database.

· The back-end database solution must be capable of efficient large query runs using SQL. FERC staff will develop and submit any queries, while the Vendor must ensure that the database solution is sufficiently robust to process submitted queries.

· Examples of queries include:

i. All RT LMPs for a given RTO/ISO for a given month, quarter, or year

ii. All FTRs for a given RTO/ISO for a year

iii. All outages for a given transmission line

iv. All load data for a given RTO/ISO for a given month

v. All constraints for a given RTO/ISO for a given month

1. The Vendor shall provide a dedicated, high-speed, and encrypted connection utilizing TLS 1.2 connection so that query results are quickly transmitted to the Commission. Please note that this security requirement is subject to data communications security requirements provided by OMB/NIST and may change to a more stringent standard at a future date. This connection should enable transfer of any query results to the Commission.

1. The Vendor is encouraged to provide the technical specifications of the hardware that will house the solution as well as the database software platform.

4.3 Support and expert advice and assistance

· The Vendor shall provide comprehensive training and robust Helpdesk support for the electric market data solution.

· The Vendor shall provide initial training for the comprehensive electric market data solution for approximately 50 employees.

· The Vendor shall provide additional training for new and existing employees at least twice a year.

5.0 CONSTRAINTS

The following constraints apply to the proposed database solution:

· The comprehensive electric market data solution must be fully functional within 30 days after award.

· The Vendor must securely house and maintain the data at a FIPS 199 Impact Rating of Moderate, with commensurate controls as outlined by NIST in SP800-53rev3.

· The Vendor must have expertise and experience in collecting, organizing, managing and storing electric market data. This expertise should include, at minimum, having successfully provided electric market data solutions in the past.

· The Vendor must comply with all relevant federal information security standards for a system with a FIPS 199 Moderate Impact rating. (OMB, FISMA, NIST 800-53 rev 3, etc.)

· Vendor shall comply with Section 508 Compliance.

6.0 DELIVERABLES

The following deliverables will be required under the resultant contract:

1. Fully functional access to the comprehensive electric market data solution.

1. Help desk access and performance commitments.

1. Data Dictionary and entity-relationship diagram (ERD).

1. Change management documentation.

1. System build, testing and production timeline.

1. Weekly status reports (during deployment and system changes/upgrades only).

1. Weekly performance and monitoring reports providing insight into the database system load, uptime, and other vital system statistics.

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

[X] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313).

[] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

[] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[X] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (11) [Reserved] [] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

[] (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (JUL 2010) of 52.219-9.

[] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the Offeror elects to waive the adjustment, it shall so indicate in its offer.)

[] (ii) Alternate I (June 2003) of 52.219-23.

[X] (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C 632(a)(2)).

[] (24) 52.219–29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).

[] (25) 52.219–30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).

[X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).

[X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

[X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[X] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[] (ii) Alternate I (DEC 2007) of 52.223-16.

[X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (MAY 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

[] (ii) Alternate I (MAR 2012) of 52.225-3.

[] (iii) Alternate II (MAR 2012) of 52.225-3.

[] (iv) Alternate III (MAR 2012) of 52.225-3.

[X] (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

[] (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

[] (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

Employee Class Monetary Wage-Fringe Benefits

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employee Eligibility Verification (JUL 2012)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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 include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FERC-13-R-0050

C - 1 C - 1

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

XXXXXXXXXXX ISA/MOU DOCUMENT XXXXXXXXXXXXXXXXXXXXXXXXX

SECTION E - SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS.

52.212-1 Instructions to Offerors – Commercial Items is incorporated into the solicitation by reference. FAR 52.212-1 is tailored as follows:

E.5.1 SUBMISSION OF OFFERS

FAR 52.212-1, Section (b) is deleted in its entirety and replaced with the following:

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum:

The Offeror’s proposal must demonstrate that the objectives stated in the Statement of Objectives (SOO) are understood and offer a logical technical and management approach for their achievement. Offerors merely proposing to provide services in accordance with the solicitation document will not be eligible for award. The proposal must address all of the requirements of the solicitation.

Proposals shall include the following:

II - Non-price Related Exceptions

III – Technical and Management Approach

IV - Corporate Capability and Experience

V - Past Performance

Volume 1: Technical Proposal

The technical proposal must thoroughly describe in narrative form the Offeror’s proposed methodology and must demonstrate that the Offeror understands the technical requirements of the solicitation. Volume 1: shall NOT contain any price information; failure to adhere to this rule will result in the proposal being deemed non-responsive.

The technical proposal shall be structured as follows:

I - Cover Letter (Page limitation: not more than one page)

The proposal shall include a cover letter that is signed and dated by the Offeror and which identifies the proposal, the Offeror, and the solicitation number and amendments. Cover letter shall include the CAGE, DUNS, TIN and SIN numbers.

II - Non-price Related Exceptions

This section shall clearly describe any and all non-price related exceptions the Offeror is taking with respect to the solicitation. If the Offeror is taking no exceptions the Offeror shall clearly state that the Offeror takes no non-price related exceptions to the solicitation.

Note: The government reserves the right to determine that a proposal is non-responsive and no longer considered for award without discussions if the proposal includes any exception that is unacceptable to the government.

There is no page limit for non-price related exceptions.

III – Technical and Management Approach (Page limitation: not more than twenty (20) pages.)

This section shall describe the Offeror’s technical and management approach to meet the Statement of Objectives. The narrative must be sufficiently specific, detailed and complete to clearly and fully demonstrate the techniques and procedures the Offeror will employ to meet all of the objectives (SOO, Section 3), technical requirements (SOO Section 4), constraints (SOO Section 5) and deliverables (SOO Section 6).

The Offeror shall also submit a copy of the current SAS Type II or SSAE 16 SOC (Type I, II, or III) audit report. The audit report does not count toward the 20 page limitation for the technical and management approach.

IV - Corporate Capability and Experience

This section shall describe the Offeror’s corporate capability and experience related to providing Comprehensive Electric Market Data. This section shall include but not be limited to:

· Capability: Provide a brief description of the Offeror’s corporate capability related to providing Comprehensive Electric Market Data. This approach shall specifically address the Offeror’s access to resources necessary to meet the SOO. Corporate capability page limitation: not more than 2 pages.

· Experience: Provide 3 examples of similar services performed within the last 24 months that is similar to the work described in the SOO. Include the following information:

32. Customer (Company) name and address

32. Project name and contract/purchase order number

32. Description of the work performed and how it is similar to the work identified in this solicitation

32. Location where the work was performed

32. A statement as to whether the work was completed on schedule and to the customer’s technical requirements

32. Name, phone number and email of the customer’s point of contact

Corporate Experience page limitation: not more than one page per example for a total of not more than 2 pages.

Note: The government intends to contact the references for the past performance evaluation.

Note: The government will consider proposals that include only one example for corporate experience; however, those proposals will receive lower scores for corporate experience and past performance.

Note: The government will consider offers that include teaming arrangements. Capability and Experience information shall be provided for each teaming partner consistent with their role in the teaming arrangement. Page limitations for Capability and Experience apply to each teaming partner.

V - Past Performance

No additional information is required for this section. The government intends to contact the three references provided in the corporate experience section of the Offeror’s proposal in order to gain a qualitative assessment of the Offeror’s demonstrated corporate experience and success in the performance of previous and/or ongoing contracts similar to the requirements of this solicitation. The government will seek to determine whether an Offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of services. The Government shall make an assessment of the Offeror’s past performance, taking into account (but not limited to) such aspects as program and contract management, timeliness of performance, quality of services/deliverables and business relations.

The government may also consider information from other sources such as, but not limited to, information contained in Government past performance databases.

Volume 2 - Price Proposal

The Offeror shall submit a price proposal that is consistent with the solicitation requirements and the Offeror’s technical proposal. The price proposal shall include no technical information. The technical evaluation team will not have access to price proposals while performing the technical evaluations. The Offeror’s price proposal shall be structures as follows:

I - Price Related Exceptions

This section shall clearly describe any and all price related exceptions the Offeror is taking with respect to the solicitation. If the Offeror is taking no exceptions the Offeror shall clearly state that the Offeror takes no price related exceptions to the solicitation.

Note: The government reserves the right to determine that a proposal is non-responsive and no longer considered for award without discussions if the proposal includes any exception that is unacceptable to the government.

II - Price Information

The government anticipates awarding a firm fixed price contract to a single Offeror for the services required by the SOO. The Offeror shall provide firm fixed unit prices and extended dollar amounts for each of CLINS identified in Section B. The firm fixed prices shall include all direct and indirect costs (including but not limited to technical, program management, administrative, G&A, travel) and profit.

Additional formatting information

Proposals text shall be single spaced, with a font size not smaller than 12 point and margins on all sides not smaller than one-inch. Text for figures and tables may be developed using a smaller font size (10 point font for example) provided that all such fonts used in figures and tables are legible and clear to the unaided eye. All pages in excess of the page limits specified in this solicitation will NOT be evaluated.

The proposals must be readable by the software in use by the Government (i.e., Microsoft Office 2003 or Adobe Acrobat). Proposals submitted in software formats not readable by the Government may be determined to be non-responsive to the solicitation and removed from consideration for award.

Communications regarding this procurement

The point of contact for this procurement is:

Shirley Ruiz-Lundgren Contract Specialist 888 First Street, NE, Room 4J-04 Washington, DC 20426 Phone: (202) 502-8669 Email: shirley.ruiz-lundgren@ferc.gov

In order to maintain the integrity of the competitive process, communications regarding this solicitation shall be with the contracting officer only. Communications regarding this solicitation with FERC staff, other than with contracting officers within the FERC Acquisition Services Division, is strictly prohibited during the course of this solicitation.

Questions

Questions regarding this solicitation and its contents shall be submitted to the Contract Specialist at shirley.ruiz-lundgren@ferc.gov not later than 10:00 AM (EST), April 2nd, 2013. All questions and answers will be posted on FBO.gov. Questions that disclose an Offeror’s technical solution will not be posted. The Contract Specialist will not provide responses to questions received after the stated deadline unless the Contract Specialist/Contracting Officer determines that the question(s) identifies a significant flaw in the solicitation that must be corrected.

Proposal submissions

Proposals shall be submitted not later than date and time specified on the FBO posting in electronic format to shirley.ruiz-lundgren@ferc.gov.

Offerors are solely responsible for all costs related to proposal preparation and submission.

E.5.2 PERIOD FOR ACCEPTANCE OF OFFERS

FAR 52.212-1, Section (c) is deleted in its entirety and replaced with the following:

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

E.3 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.

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Heidi Herron-Muller

Hand-Carried Address:

Federal Energy Regulatory Commission Acquisition Services Division Attn: Protest 888 First Street, NE, Room 4J Washington DC 20426

Mailing Address:

Federal Energy Regulatory Commission Acquisition Services Division Attn: Protest 888 First Street, NE, Room 4J Washington DC 20426

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

E.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and six months.

E.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)

(a) The Government may extend the term of this contract by written notice to the Contractor by the first day of each fiscal year of the Government or within 60 days after funds for that fiscal year become available, whichever date is later; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and six months.

E.7 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

E.8 INVOICING--LOCAL PROVISION

An original invoice(s) for work provided under this order shall be submitted with proper documentation in accordance with the Prompt Payment Act, FAR 52.232-25 to:

INVOICE MAY BE SUBMITTED ELECTRONICALLY TO: DFS-Invoices@ferc.gov

In addition, please submit at least 1 copy of all invoices simultaneously to at the physical or e-mail address listed herein.

YOUR LAST INVOICE UNDER THE ORDER SHALL BE MARKED "FINAL."

E.9 Contracting Officer Representative (COR) Level I Appointment [Insert Name] has been appointed as the Contracting Officer’s Representative (COR) Level I for this Contract with responsibility for technical oversight, contract administration and day-to-day inspection of the work. The appointment will be in effect until final completion of the project, or when terminated or superseded by the Contracting Officer. The COR will accomplish inspection and acceptance, including final delivery. Services shall conform to the requirements set forth in the contract.

[Insert Name] Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 [Insert Phone Number] [Insert email address] (End of Addendum to 52.212-1)

E.10 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(a) Technical & Management Approach

(b) Corporate Capability and Experience

(c) Past Performance Technical and past performance, when combined, are more import than cost/price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.