FY20 PA PGS and PA UGI Solicitation 2020 47PA0420R0006.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1.

REQUISITION NUMBER PAGE 1 OF

EQPMA-19-0020 92

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION INFORMATION CALL:

47PA0420R0006

a. NAME b. TELEPHONE NUMBER (No collect calls)

Tannis Taylor (303)594-9807

5/27/2020

8. OFFER DUE DATE/ LOCAL TIME

6/03/2020

3:00 PM (EDT)

9. ISSUED BY

CODE

PMAA

10.

THIS ACQUISITION IS UNRESTRICTED OR

SET ASIDE: % FOR:

GSA, Energy Division

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

1800 F Street, NW, Washington, DC 20405 USA

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SMALL BUSINESS PROGRAM EDWOSB

8 (A)

NAICS:

221210

SIZE STANDARD:

1000 employees

11. DELIVERY FOR FOB DESTINA- TION UNLESS BLOCK IS MARKED

12.

DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)SEE SCHEDULE

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

PMAA

13b. RATING

14. METHOD OF SOLICITATION

GSA, Energy Division 1800 F Street, NW, Room 5118 Washington, DC 20405 USA

17a. CONTRACTOR/ OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY CODE

Individual Agencies

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22. UNIT

23.

UNIT PRICE

24.

AMOUNT

See below for additional information

(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

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

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Tannis Taylor 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

TABLE OF CONTENTS

NOTE: ALL QUESTIONS MUST BE SUBMITTED IN WRITING TO tannis.taylor@gsa.gov

SECTION A: SCOPE OF WORK

A.1 GENERAL

The General Services Administration’s (GSA) Energy Division is issuing this solicitation for the supply of natural gas for accounts located behind the Philadelphia Gas Works and UGI Penn, utility service territories. The accounts and their respective usage are expressed in the attached Exhibit 1 file. The Contractor shall supply the full natural gas requirements of the accounts for a term of up to thirty-six (36) full monthly billing cycles. Multiple awards are contemplated for this solicitation. Each contract will be administered by the contracting officer and account managers of GSA’s Natural Gas Acquisition Program (NGAP).

GSA desires to secure the lowest cost, technically acceptable solution for natural gas supply and gas transportation to the accounts utilizing the most direct pipeline into the included utility service territories (hereafter referred to as the LDC). NGAP utilizes a transaction platform provided by Enel X to collect pricing through an internet based reverse auction. The Government has organized its requirements for this solicitation in an Exhibit 1 excel spreadsheet. The service start date for the accounts will vary by account and are specified in the Exhibit 1 file. The monthly volumes provided in the Exhibit 1 file for each account are burnertip volumes and will be the contract volumes for any awarded contract(s). The terms and conditions of this agreement will govern both firm and interruptible accounts, as specified by the LDC rate class designations listed in the Exhibit 1 file.

Multiple awards are contemplated for this solicitation. Contractor(s) selected will be responsible for the following duties:

a) Supply of firm or interruptible natural gas supply for delivery to facility accounts including LDC, interstate and intrastate pipeline losses;

b) Manage, nominate and schedule transportation service to the LDC citygate and manage the gas to the burnertip for each account;

c) Communicate directly with the LDC to balance scheduled and actual receipt and delivery of each account’s gas pursuant to the LDC’s Transportation Service Agreement and this contract;

d) Coordinate its actions with the LDC and the GSA point of contact; and

e) Perform all other incidentals necessary to execute the duties set forth in subsections (a), (b), (c) and (d) above.

A.2 DELIVERY POINT

The “Natural Gas Delivery Point”, as specified in Exhibit 1, for such natural gas shall be that point on the distribution system at which the LDC takes possession and ownership of the natural gas supply (citygate) for final delivery to each account’s meter (i.e. burnertip).

A.3 NOMINATING AND BALANCING RESPONSIBILITIES

It is the Contractor’s responsibility to conduct all required nominations on behalf of the accounts specified herein. The Contractor shall be fully familiar with the LDC and pipeline tariff provisions including operational and billing requirements such as imbalance policies, interstate/intrastate transmission losses of the LDC and other interstate/intrastate transmission companies. The Contractor shall include any costs or penalties associated with activities upstream of the Delivery Point in its price (e.g.: charges for balancing, nominating, storage, pooling costs, upstream and capacity requirements, billing charges, etc.).

The Government will not be responsible for any penalties or other costs caused by the Contractor. Any utility assets including natural gas banks assigned to and paid for by the account(s) included in this contract for transport or supply will be used solely for the transport of natural gas purchased for the account(s) included in this contract.

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE

If at any time, unless as a result of an Excusable Delay (see FAR 52.212-4(f)), an account covered by this contract is forced to accept default supply service from the LDC serving in its capacity as the utility supplier of last resort as a result of action/inaction by the Contractor, the Contractor shall be responsible for payment of additional costs, if any, incurred.

A.5 RISK OF LOSS

Risk of loss of natural gas supplied under this contract shall remain with the Contractor prior to the Delivery Point and shall pass to the Government at and after the Delivery Point.

A.6 PROTECTION OF CONTRACT INFORMATION

The Government will take the necessary and usual steps to maintain the confidentiality of information submitted by offerors. The Contractor is advised that the Government will make all contract prices publicly available for the full contract period.

A.7 PAYMENT AND BILLING

For the purposes of this contract, Contractors will render monthly utility bills for each account included in this contract in accordance with the applicable LDC’s dual billing procedures. The Contractor shall base all invoicing on metered quantities at the customer meter and all bills must be in dth or mmbtu volumes. Pricing shall be to the burnertip for each account and Contractor billed volumes must match burnertip volumes at the meter. However, if actual usage is not available, the contractor shall use the projected usage from Exhibit 1 and shall adjust all Exhibit 1 usage values to actual metered consumption levels no later than one (1) month after actual usage volumes are provided by the LDC. Contractors will be required to include any price components on the invoice other than the awarded price as itemized line items. It shall be the Contractor’s responsibility to understand the specific details regarding the LDC’s requirements for billing, reporting, and coordinating.

The Contractor expressly agrees and acknowledges that each Government facility to which supplies and services are provided pursuant to this contract will be separately responsible for and liable to pay for any such supplies or services. For the avoidance of doubt, GSA will be the responsible party for purposes of making payments for the accounts only where GSA is listed as the Agency on Exhibit 1. The Contractor also expressly agrees and acknowledges they will be required to submit invoices in accordance with each end use agency’s billing requirements and systems which can include requirements for invoices to be submitted through online systems.

In addition to tendering original invoices to the authorized facility agency payment or finance office, it is also the Contractor's responsibility to ensure an electronic copy of each monthly billing invoice for each account is sent to gsa-ngap@gsa.gov within seven days of the original invoices being sent to the authorized agency payment or finance office. The invoices must not be password protected. It is the Contractor’s responsibility to submit an electronic copy to the email address listed above, and not the Government’s responsibility to pull invoices from the Contractor’s billing system or to use that system to direct invoices to the email address listed above.

Contractors are required to establish a supplier account number for each account that is not exactly the same as the LDC account number and are required to establish unique supplier account numbers for each account they serve. Contractors cannot use exact same supplier account number for more than one account. Contractors are also required to include the LDC name, full service address and LDC account number on each invoice rendered. Additionally, any past due or outstanding balances must be included on monthly invoices and any associated late payment or finance charges must be clearly identified.

A.8 ADDING AND DELETING ACOUNTS TO THIS CONTRACT

It is possible that additional accounts not included in Exhibit 1 may be added to the resultant contract. In that event, the Government will provide the Contractor with the facility’s natural gas requirement (if available) and the two parties shall enter into good faith negotiations to determine a price. A bilateral modification will be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award.

If the Government removes any accounts listed in Exhibit 1, the Government shall provide the Contractor with a written notice 45 business days before any such removal. The Government may unilaterally delete any accounts at its discretion. If accounts are deleted, the methodology provided in the tailored clause FAR 52.212-4 Termination for the Government’s Convenience shall be used to calculate the early termination charges, if any. The provisions of this paragraph shall not apply to accounts with early end dates noted in Exhibit 1 at the time of contract award.

A.9 TERM

The initial term of this contract shall be for the number of full billing cycles specified in the Exhibit 1 for the awarded auction RFP. The service start and end dates shall be established by either the date specified in the auction schedule included in the Exhibit 1 file or the next meter read date immediately following the date specified in the auction schedule pursuant to specific LDC enrollment procedures. It will be the Contractor’s responsibility to ensure that the delivery start date complies with these terms and any penalties resulting from missing the required service start date(s) shall be borne by the Contractor.

A.10 PRICING PRODUCT DESCRIPTIONS

Pricing Product I During each month of delivery for the term of the contract, the Government may over or under burn the published volumes as specified by month for each account listed in Exhibit 1. The Contractor is responsible for supplying the facilities’ full requirements under this option. The awarded contract price shall apply to the Exhibit 1 monthly volumes and those quantities over or under burned monthly within an established allowable percentage volume variance. For example: if twenty five percent (25%) allowable variance of the published volumes listed in Exhibit 1 is selected then:

1. The price of gas burned in excess of 125% of published volumes shall be found by using the applicable monthly price index published as “Midpoint Averages” in the monthly S&P Global Gas Daily Report for the associated month, plus transportation if any (if citygate index price, no transportation will be added), fixed margin of $0.10 per decatherm (dth), and procurement fee of $0.05 per dth (as defined in Section A.18).

2. The price of any gas below 75% of published volumes that was not burned shall be found by using the applicable monthly price index published as “Midpoint Averages” in S&P Global Gas Daily Report for the associated month (“index price”) and applied as follows:

a) If the index price is less than the fixed contract price, Contractor shall be entitled to compensation utilizing the following calculation (fixed contract price - index price) * dth quantity below the applicable bandwidth)

b) If the index price is greater than the fixed contract price, customer shall receive credit utilizing the following calculation (fixed contract price - index price) * one half the dth quantity below the applicable bandwidth)

NOTE: At the time the Contractor begins this calculation, the $0.05/dth fixed procurement fee which is included in the awarded contract price shall be subtracted from calculation of either compensation or credit referenced in 2.a) and 2.b) above.

In addition to the monthly invoice as specified in Section A.7, Contractor shall submit to the account manager a spreadsheet listing the quantities of gas above or below the established allowable percentage volume variance, the applicable midpoint average index price, and as applicable, transportation cost, fixed $0.10 margin, and fixed procurement fee of $0.05. These quantities shall be listed on the monthly invoice as a separate line item with any associated comments. Once the applicable pricing point has been chosen and documentation provided to the account manager, Contractors will not be allowed to switch for the remainder of the contract.

Pricing Product II The supply of natural gas to be provided to each account shall be for one hundred percent (100%) usage, full requirements, at a firm fixed price with no guaranteed usage/volumes to the Contractor and no usage restrictions to the Government. Pricing shall be to the burnertip for each account and Contractor billed volumes must match burnertip volumes at the meter. The Government shall be invoiced monthly on actual usage at the awarded contract price. During any month of delivery for the term of the contract, the Government may over or under burn the Exhibit 1 volumes as specified by month for each account listed in Exhibit 1. In both over burn and under burn scenarios, the Government shall be invoiced at the awarded contract price for actual usage.

Only one pricing product will be requested for each account or account group and the pricing product requested will be specified in the Exhibit 1 file.

A.11 QUALITY AND MEASUREMENT

The Contractor is solely responsible for the quality of gas upstream of the citygate. Measurement, testing, heating value, delivery pressure, and quality of natural gas supply delivered shall be in accordance with the applicable interstate/intrastate pipeline specifications. Accounts shall not be obligated to purchase or pay for natural gas that either the LDC or the interstate pipeline has refused to accept due to non-conformance with its specifications. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals to supply and deliver direct supply natural gas to the LDC citygate(s). The Contractor shall adhere at all times to applicable LDC tariff, agreements, rules and regulations.

A.12 LINE LOSSES

The Exhibit 1 volumes are burnertip volumes. Pipeline and LDC Line losses are to be included in the pricing submitted as Contractor billed volumes must match burnertip volumes at the meter. Line losses are not included as part of any usage variance provision. The Contractor is responsible for analyzing all account data available to ensure adequate burnertip volumes are delivered

A.13 SERVICE INTERRUPTION

The Contractor is to notify the GSA Contracting Officer, GSA account manager and facility account Point of Contact prior to any LDC-issued interruption, supply curtailment, gas production period, entitlement period or operation flow order occurring. This notification must be provided in writing via e-mail with the starting and ending dates and times of the restrictions.

Contractors will not be authorized to deliver gas to accounts during an LDC-issued interruption, supply curtailment, gas production period, entitlement period or operational flow order unless prior written approval is provided by the Contracting Officer.

A.14 LOAD CHANGES DURING THE TERM OF THE CONTRACT

The Federal Government will not be penalized in any way for pursuing any projects that reduce natural gas load requirements except as expressly detailed under Section B, FAR 52.212-4, as tailored for this contract.

A.15 NATURAL GAS REGULATORY CHANGES

(a) The contract price includes all applicable Federal, State, and local regulations expected to be in effect and applicable to this contract at the time of contract award.

(b)(1) After-imposed Charges. After-imposed charges are new or increased charges that the Contractor is required to pay or bear as the result of legislative, judicial, regulatory or administrative action (whether Federal, State, or local) taking effect after the contract award date.

(2) After-relieved Charges. After-relieved charges are charges the Contractor is no longer required to pay or bear, or for which the Contractor obtains a refund or reduction, as the result of legislative, judicial, regulatory or administrative action (whether Federal, State, or local) taking effect after the contract award date.

(c) The contract price shall be increased by the amount of any after-imposed charges, provided the Contractor warrants in writing that no amount for such newly imposed Federal, State, and local regulation or rate increase was included in the contract price, as a contingency reserve or otherwise, and that the Contractor provides sufficient documentation to support the increase.

(d) The contract price shall be decreased by the amount of any after-relieved charges.

(e) Any increases or decreases in the contract price as a result of paragraphs (c) and (d) above shall be accomplished by a bilateral contract modification. In the event that the Government and the Contractor cannot agree to an acceptable contract adjustment, the Government will unilaterally adjust the contract price via modification subject to the Disputes provisions of FAR 52.212-4(d) incorporated in the contract.

A.16 CONTRACT ADMINISTRATION

After award, this contract shall be administered by the General Services Administration’s Energy Division (PMA).

The Contracting Officer (CO) for the administration of contracts awarded as a result of this solicitation is:

Tannis Taylor U.S. General Services Administration PBS Energy Division Contracting Officer (303)594-9807 tannis.taylor@gsa.gov

The Account Manager for the day-to-day administration will be identified in the award notification provided to each Contractor at the time of award.

A.17 AUCTION PROCESS FOR PRICING USING ENEL X

The Government shall use an internet based transaction platform provided by Enel X, the Government’s third-party contractor, to obtain pricing for this procurement. The offeror shall submit pricing to GSA using the Enel X platform in accordance with the instructions in Section C and the Enel X website. All prices submitted to the Enel X transaction platform shall be in accordance with the provisions of the solicitation. It shall be the responsibility of the offeror to understand both the rules and the mechanics of the Enel X transaction platform.

A.18 ENEL X FEE

The Contractor hereby agrees to pay a fee in the amount of $0.05 per dth for all usage billed under this contract. The Contractor shall pay the fee directly to Enel X in accordance with the agreement, if any, executed between the Contractor and Enel X. The Contractor expressly recognizes and understands that the Government is not responsible for paying the fee to Enel X. To the extent a dispute occurs between the Contractor and Enel X regarding the fee, any such dispute shall be handled in accordance with the agreement executed between the Contractor and Enel X.

A.19 DAMAGES FOR MISSING CONTRACT START DATE

The Contractor will be responsible for enrolling new accounts with the LDC and/or switching Government accounts from the current natural gas supplier (LDC or third-party supplier) to Contractor and fulfilling any obligations with the LDC to that end. The Government will make its best effort to ensure that all accounts included under this Solicitation and the resulting auctions are transportable. However, it is the Contractor’s ultimate responsibility to verify that both new and existing accounts are transportable and will continue to be over the life of the term awarded. All costs associated with a Contractor not being able to service an account based on non-transportability issues will be borne by the Contractor and not the Government. Post-award, Contractors will be responsible for notifying the Contracting Officer of any discrepancies associated with the number of meters associated with each LDC account awarded to them.

A.20 MATERIAL CHANGE

The Contracting Officer will notify the Contractor if the Government anticipates an annual change of plus or minus 25% or more to the total estimated volumes in Exhibit 1 (a “Material Change”) for accounts awarded under Pricing Product II. Volume Increases or decreases caused by fluctuations in weather will not be included in the 25% calculation, only changes in the way each end-use facility operates. Equitable adjustments made under this section will only include natural gas quantities beyond the 25% tolerance and must be based on the aggregate annual volumes included in Exhibit 1 for each Pricing Group.

Any resulting costs owed by or credits owed to the Government associated with liquidation of contracted natural gas positions by the Contractor for an account in the event of a Material Change will be determined in accordance with the calculations provided in the tailored Termination for Convenience clause FAR 52.212-4(l) in this contract. Notwithstanding the foregoing, regarding LDC costs, if the GSA Contracting Officer notifies the Contractor in writing within 15 days of a Material Change occurring, the Contractor will pay any costs imposed by the LDC including but not limited to charges, penalties, or fines. If the Contracting Officer fails to notify the Contractor of a Material Change, the Government will be responsible for such reasonable LDC costs.

Any costs owed by or credits owed to the Government associated with liquidation of contracted natural gas positions by the Contractor for an account in the event of a Material Change shall be supported by proof of gas sales resulting from the liquidation. All such costs shall be itemized and supported by appropriate proofs of payment or settlement statements confirming the total dollar amount resulting from the liquidation. Contractors shall provide all cost or credit related calculations and backup information within three (3) months of the Contractor first being notified of a Material Change.

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SECTION B: FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

B.1 CLAUSES INCORPORATED BY REFERENCE

The full text of clauses/provisions incorporated by reference can be accessed at www.acquisition.gov.

FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2018) [Reference FAR 12.301(b)(1)]

Addendum to FAR 52.212-1

The offeror agrees to hold the prices offered in response to this solicitation until 2:00 p.m. EDT on the date specified in Section C.2 of this solicitation.

GSAR 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (MAY 2019)

[Reference GSAR 512.301(a)(1)],

(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The clauses in paragraph (b) of this section are incorporated by reference:

(b) Clauses.

GSAR 552.203-71 Restriction on Advertising

GSAR 552.211-73 Marking

GSAR 552.215-70 Examination of Records by GSA

GSAR 552.232-23 Assignment of Claims

B.2 CLAUSES IN FULL TEXT

FAR 52.212-2 Evaluation-Commercial Items [Reference FAR 12.301(c)]

EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(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:

The basis for this evaluation is prescribed in Section D.

(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. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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:

[Contracting Officer check as appropriate.] _XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509)).

__ (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.)

_ XX _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

_ XX _ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] __ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C.644).

__ (ii) Alternate I (MAR 2020).

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_xx_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_ XX _ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (MAR 2020) of 52.219-9.

__ (v) Alternate IV (AUG 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_ XX _ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126).

_ XX _ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_ XX _ (30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_ XX _ (31)

(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_ XX _ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

XX __ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_ XX _ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)

__ (37)

(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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

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

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

_ XX _ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47)

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

_ XX _ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (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, 112-42, and 112-43.

__ (ii) Alternate I (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 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).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_ XX _ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C.3332).

__ (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (62)

(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.

__ (iii) Alternate II (FEB 2006) 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:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_x_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_x_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_x_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(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 (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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.

(End of clause) FAR 52.216-18 Ordering.

[Reference FAR 16.506(a)] ORDERING (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued during the term of this contract which is anticipated to be July 1, 2020 through July, 2023.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 52.216-21 Requirements [Reference FAR 16.506(d)]

REQUIREMENTS (Oct 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after date specified in the contract.

(End of clause)

SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 31.101 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:

Tannis Taylor U.S. General Services Administration PBS Energy Division Contracting Officer tannis.taylor@gsa.gov

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

(End of provision)

GSAR 552.212-4 Contract Terms and Conditions – Commercial Items (FAR DEVIATION) (FEB 2018) [Reference FAR 12.301(b)(3)]

Paragraphs (k), (l), (n), (o), (p)…