2013_Texas_Deregulated_Energy-_Amendment_03_SF30.pdf

NSN 7540-01-152-8070 STANDARD FORM 30. (Rev. 10-83) Previous Edition unusable Prescribed by GSA FAR (48 CFR) 53.243

Page of Pages AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code

2. AMENDMENT MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (if applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) CODE

(x) 9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

8. NAME AND ADDRESS OF CONTRACTOR (NO., Street, Country, State and ZIP Code)

CODE FACILITY CODE

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning ______ copies of amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OR OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Check One

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of person authorized to sign)

15C. DATE SIGNED

(Signature of Contracting Officer)

16C. DATE SIGNED

Attachment Page

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Electricity Procurement- Texas Deregulated Areas

Solicitation GS-07P-13-JU-C-0027

AMENDMENT 03

Solicitation No.: GS-07P-13-JU-C-0027

Amendment No.: 03

Date: April 8, 2013

I. Replace the paragraph at Section A.11, ADDING AND DELETING FACILITIES TO THIS

CONTRACT, with the following:

It is possible that GSA facilities may be added, or deleted during the term of this contract.

Adding and deleting a facility (ies) shall be accomplished by the bilateral execution of

Standard Form 30, Amendment of Solicitation/Modification of Award. The Contractor has thirty (30) days from the execution of the Standard Form 30 to add or delete a facility to this contract. Prices for any added facilities will be established at that time by using the price bid in the initial offering. This is a firm fixed priced requirements contract. The per kWh award price will be constant for the length of the contract and will be applied to any future facilities that may be added to the contract. Additionally, the deletion of any facilities under this contract will not entitle the provider to increase its price.

II. At Section A.15, BASIS FOR AWARD PRICE, delete paragraph three in its entirety.

III. At Section F.2 Point of Delivery (1)(b), delete the following sentence, ―the cost of purchasing, installing, maintaining and repairing the meter(s) shall be borne by the Contractor.‖

IV. At Section L.5 52.216-1 TYPE OF CONTRACT (APR 1984), remove the words ―indefinite delivery, indefinite quantity.‖

V. At Section G.3, Invoices and Payment for Service, 1, delete the first sentence.

VI. Delete Section G.2, Rates and Changes, in its entirety.

VII. Insert the following clause to Section B.2:

52.228-1 Bid Guarantee.

BID GUARANTEE (SEPT 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of bid bond (Standard Form 24) supported by good and sufficient surety or sureties acceptable to the Government or an irrevocable letter of credit. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be $2,000,000.00.

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(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

VIII. Insert the following clause to Section B.2:

52.228-16 Performance and Payment Bonds—Other Than Construction.

PERFORMANCE AND PAYMENT BONDS—OTHER THAN CONSTRUCTION (NOV 2006)

(a) Definitions. As used in this clause—

―Original contract price‖ means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to US $2,000,000.00 (two million dollars US funds) and a payment bond (Standard Form 1416) in an amount equal to US $2,000,000.00 (two million dollars US funds).

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting

Officer, within 2 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:

U.S. Department of the Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

IX. Replace the paragraph at Section C.1, EVIDENCE OF TECHNICAL QUALIFICATION, Minimum Requirements, 6, with the following:

Offeror must provide the Government with evidence of its ability to supply power at the price offered and accepted by the government. Offeror must provide the government evidence of its ability to obtain and provide the electric power to be employed in the performance of this contract. In addition, the offeror must demonstrate that it has adequate levels of working capital to support the firm's power marketing activities, including any potential future growth in customer base. Offerors must provide to the government a bid bond (see Clause 52.228-1 at

VII above) in the amount of US $2,000,000.00 (two million dollars US funds). If a bid bond is provided, then performance and payment bonds (see Clause 52.228-16 at VIII above) in the amount of US $2,000,000.00 (two million dollars US funds) will be required at the time of the award and held until end of the contract. If a bid bond is not provided, offerors must provide

PAGE 4 OF 12 GS-07P-13-JU-C-0027/03

an Irrevocable Letter of Credit (ILC) (See Clause 52.228-14 in Section B of the solicitation for appropriate format) in the amount of US $2,000,000.00 (two million dollars US funds that will be held by the government until the end of the contract term.

X. At Section C.2, PRICE PROPOSAL, Pricing Groups 1, 2, 3, 4, and 5, delete the phrase ―to include‖ and replace with ―excluding.‖

XI. Solicitation Questions and Answers

Q1. Where do suppliers go to obtain the passwords for the reverse auction?

A. Instructions for obtaining passwords will be sent to technically qualified offerors following the completion of technical evaluations.

Q2. Is the reverse auction through World Energy?

A. No. The reverse auction will be administered through an in-house GSA owned and operated electronic auction program.

Q3. What is the Size Standard: 4mil MWh/yr under NAICS on the Standard Form 1449? Is that the reverse auction fee?

A. This is the small business size standard. ―A firm is small if, including its affiliates, it is primarily engaged in the generation, transmission, and/or distribution of electric energy for sale and its total electric output for the preceding fiscal year did not exceed 4 million megawatt hours.‖ There is no fee charged to the REP for the reverse auction.

Q4. In the RFP there are multiple references to TDSP charges. Can you confirm whether or not the

RFP price requested need to include or exclude TDSP charges. For example should the REP

(supplier) take on hedging the TDSP charges or does GSA want the TDSP charges to be passed through with no mark-up as required by law.

A. If the price components are from the Transmission and Distribution (T&D) entity or pass-through costs from the T&D entity and are regulated by tariffs from the state PUC then they are not to be included in the base electric rate. If a contract is awarded, when invoicing, these costs should be identified and broken out separately.

Q5. The government is providing 30 days to pay their invoice. However, we can provide a discount if the government wants to pay in 20 days. Can the government accept less than 30 day payment terms for a discount?

A. Yes we can, but it is at our discretion if we take the discount or not. Therefore, you must also offer Net 30 days. The government is not obligated to make the payment in less than 30 days.

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Q6. Will you also be running the RFP for the other Texas locations?

A. This is the only RFP that will be issued for electricity services within the Energy Reliability

Council of Texas (ERCOT) deregulated areas issued by GSA Region 7. Other Texas locations, Agencies and Military Services may use the GSA Area Wide contract, A GSA Energy Division

Reverse Auction, The Defense Fuels Supply Service, or other appropriate avenues of procurement of utility services.

Q7. Would you accept RECs for the renewable energy component of this solicitation?

A. Yes. GSA’s desire is to purchase renewable energy from Texas generation sources. However, since the only way to deliver electricity to our buildings is by delivery over the Grid, and because both ―green‖ and ―non-green‖ electrons go into the Grid, RECs are needed to verify and establish the environmental attributes of the generation source.

Q8. Would the GSA accept a corporate guarantee from an investment grade entity in lieu of the LOC?

Do we have to show you our supply and service agreement/financial/credit arrangement with them? If you would accept their guarantee, what are the parameters or metrics that they would have to meet?

A. See IX at the beginning of this Amendment.

Q9. Can you tell me if any of the load is military bases or veteran’s facilities?

A. GSA is seeking electricity for all of the buildings listed on Attachment C-1 and any future buildings that may be added to this list. Unless specified otherwise in the solicitation no military or VA facilities are included.

Q10. Regarding the index vs. contract price report, may the winning bid use the monthly LMP average for the zone where each meter is located?

A. The winning bid is expected to use the publicly published index price that is the closest in time to the time of contract bidding and award, and which can still be readily independently identified and verified. We do not expect 15 minute interval "nodal" pricing. A LMP that is a weighted average of prices, and that is "nearest in time" to the date and time of bid, for each of the four zones in which the meter location is located, is acceptable.

Q11. Will the GSA consider block pricing for the 10 year term with the ability to convert to load following?

A. No. GSA is seeking a fixed price per kWh for the term of the contract for the electricity commodity.

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Q12. In Section A.17, Rebates, Incentives, subsection 1, the Government asks that the successful offeror pass through to GSA any rebate, financial incentive, systems benefits payment, or any other opportunities. Can the Government please describe or provide a meaning to the term ―rebate‖?

A. A rebate or financial incentive is any amount received for energy conservation, demand side management, on site generation, or other such systems benefits programs to which customers are generally entitled, or for which them may become entitled.

Q13. In Section G.3, Invoices and Payment for Service, subsection 1, the GSA requests data which substantiates the billing. We can offer reporting based off of the invoice but the invoice itself would already contain that data. Can the GSA please elaborate on what other data they would be looking for?

A. All invoices shall contain data which substantiates the billing, including statements of the actual meter readings at the beginning and the ending of the billing period, meter constants, unit cost, total consumption during the billing period, name of installation and/or delivery points. We ask that the itemized billing include pass through costs identified separately. We have another entity reviewing the usage and costs so we need the invoices as detailed as possible. Please see Attachment B for a sample invoice.

Q14. Can we provide an itemized bill by ESID level detail?

A. We ask that the itemized billing include pass through costs identified separately. We have another entity reviewing the usage and costs so we need the invoices as detailed as possible.

Q15. If nodal is included in the fixed price does it need to be broken out on the invoices since it’s bundled in the rate?

A. See answer to Q4.

Q16. Can the GSA accept credits issued on following bills if there is an overpayment?

A. Our policy is to establish a claim for a refund.

Q17. Are ―RECs‖ what the GSA had in mind when requesting ―green‖ or renewable power?

A. Yes, unless your firm is proposing something else such as actual solar or wind farm generated electricity. See question 7 above.

Q18. Does the GSA intend to utilize the 2-day hold as described in Section C.3?

A. Yes. Offers submitted are subject to the ―firm bid‖ rule and must be held open for the two days to allow GSA to complete its procurement reviews and pre-award processes.

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Q19. Does the successful offeror have to sign up for Vendor Express?

A. Yes.

Q20. When will retail energy provider be notified of whether or not evidence of their ability to guarantee performance for the entire length of the contract awarded is needed?

A. They will be notified when they are selected for an award, but should be prepared to submit this evidence immediately upon notification. Evidence of ability to guarantee performance will be needed for the entire length of the contract. Please note that in order for the

Government to act within the two day firm bid rule provided for this procurement it needs to have your supporting documentation in hand on the date of closing of the bids.

Q21. What does ―indefinite delivery‖, as used in Section L.5, mean?

A. See IV at the beginning of this amendment.

Q22. Is pricing due the same time as the technical response? Or is the first pricing submitted after the technical approval process via the reverse auction?

A. Pricing will only be received following the technical approval process via the reverse auction.

Q23. Will GSA be providing a schedule for items such as technical response review period (when suppliers would be notified) and pricing due dates?

A. The time frame for technical response review will depend on the amount of proposals received. We will make every effort to keep offerors informed of our schedule once all proposals are received. Pricing will be due at the time of the reverse auction.

Q24. Is GSA open to other product structures or options?

A. No.

Q25. Price Components - Should hub to load zone be included or excluded?

B. See answer to Q4.

Q26. Price Components - Should pricing include all nodal components such as real-time revenue neutrality allocation, reliability unit commitment, day-ahead make whole charge, base point deviation payment, emergency power increases, voltage support? These items can be included or passed thru.

Please specify items to include or pass thru.

C. See answer to Q4.

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Q27. May we submit our GSA Electricity Procurement response that is due on April 16 via email or would you all like a paper copy response?

A. Electronic versions of technical proposals will not be accepted. All proposals must be submitted in hard copy form to the address listed in Section C.4 of the solicitation.

Q28. Please clarify the product in terms of the basis cost. Would the GSA like it included in the fixed price offers or passed through as a separate line item on the invoices?

D. See answer to Q4.

Q29. The RFP talks about REP in some instances and Contractor in others, is this the same entity in the GSA’s mind?

A. Yes.

Q30. Page 3, A.2 states a firm fixed price for all quantities of electricity estimated to be delivered at the meter point. What is the price or trigger price for quantities above or below the estimated quantities?

A. Offerors are to bid a firm fixed price for the entire length of the contract. The estimated quantity was listed in the solicitation to give potential offerors a general idea of the load involved with this contract. Quantities delivered above or below the estimates will be provided at the same firm fixed price offered and accepted at time of award.

Q31. Page 4, A.11 states that the price for any added facilities will be established at the time by using the price bid in the initial offering. Please explain.

A. This is a firm fixed priced contract. The winning bid price will be applied to all accounts under this contract, even those that may be added in the future. See I at the beginning of this

Amendment.

Q32. What is the price mechanism for deletions?

A. See I at the beginning of this Amendment.

Q33. Page 5, A.14- May we receive mutual indemnification?

A. No, this is a FAR requirement. FAR language undergoes a Government notice and comment publication period prior to becoming regulation. We are unable to change or modify approved FAR provisions.

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Q34. Page 5, A.15 states the price bid and accepted by the Government the day of the reverse auction.

Page 7, B.2, Item C states 30 days unless another time period is specified in the addendum or solicitation. Page 30, #2 states two business days to evaluate and accept prices submitted. Page 30, #5 states that bids will remain valid and may be accepted by the government up and until expiration of the firm bid time that will be provided in the closing of the bid process. Page 30, #5 last sentence also states that the Gov. recognizes the volatility in the market and that physical and financial hedges have to be obtained quickly and will act diligently and promptly to evaluate offers and notify successful offeror(s). What is the period that the price must be held open for? Can offers be withdrawn prior to an award having been made in the case of severe market movement?

A. The Government shall have two (2) business days to evaluate and accept the prices submitted, and the offeror agrees to hold such prices open for the same time period. Offers cannot be withdrawn during this time period.

Q35. Page 8, B.2, Item H, states ―the Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.‖ What is meant by less quantity then offered?

A. Load projection estimates based on past history and other factors are for working/bidding purposes only. There will be no adjustment for differences in the size of loads. Various factors can influence a building electricity load and use. Weather, Agency mission, Occupancy rates, data center use, energy efficiency projects, etc. all may impact electricity use in a building and cannot be predicted in advance. The bids will be submitted on a per kWh basis. If 2 kWhs are used the REP is paid for 2 kwhs. If 10 kWhs are used they are paid for 10 kWhs. This is a firm fixed price contract for a term, and is also a requirements contract. Whatever the electricity requirement of the aggregate number of buildings is will be what is required to be provided by the REP under the contract.

Q36. Page 10, B.2 states, ―(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of

Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.‖ May we add, ―or its affiliates?‖

B. No, this is a FAR requirement. FAR language undergoes a Government notice and comment

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Q37. Page 11, (g) invoice (1) – requires one original invoice and three copies or electronic invoice if authorized. Page 37, G.3, 1. – states that invoices shall be prepared and submitted in duplicate unless otherwise specified. What and how many invoices will need to be provided? Can invoices be emailed?

A. Only one invoice copy is required. Invoices may not be emailed or faxed. See V at the beginning of this Amendment.

Q38. Amendment 01 calls for the contractor to provide invoices to the GSA energy savings contractor. Explain.

A. The REP will need to provide an invoice service representative that will be able to provide copies of invoices at the various locations of the electrical service. This requirement is included for the purpose of compiling past usage data. This requirement is not associated with Section G.3. Invoice copies may be emailed to the energy savings contractors.

Q39. Page 11, (g) invoice (1)(v)- May we remove the requirement for shipping number, weight, etc.?

A. No, this is a FAR requirement. FAR language undergoes a Government notice and comment publication period prior to becoming regulation. We are unable to change or modify approved FAR provisions.

Q40. Page 13, (l) Termination for Convenience Clause. Can GSA make this bilateral and include a method for keeping the non-requesting party to be made whole?

A. No, this is a FAR requirement. FAR language undergoes a Government notice and comment

Q41. Page 13, (m) Termination for Cause- Can GSA make this bilateral?

Q42. Page 15 and Page 38, G.4 Second paragraph of #1 – The REP is still required to operate and follow the rules, regulations, as provided for by the Texas PUC and ERCOT for customers of this size.

A. Yes, the REP is required to follow the rules and regulations under all regulatory agencies that their license and electric power is covered by.

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Q43. Page 16, (5) The following section on Termination for Cause overcomes and has precedence over the Termination for Cause section of the clause at FAR 52.212-4 (m) in its entirety.

The Government may terminate for cause in the event of a material failure to comply with any term or condition which is not remedied within 10 business days from the date of notice of the default. In the event of termination for cause, the Government shall not be liable to the contractor for any amount for supplies of services not accepted, and the Contractor shall be liable to the

Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

Can GSA add ―of either party?‖

Q44. Page 27, 2 – is the REP required to possess a Federal Energy Regulatory Commission power marketing license?

A. Yes. While ERCOT and The Texas PUC may allow some activities to be conducted by REPs not licensed by FERC GSA views this as valuable. GSA expects that those offering services for its buildings in Texas will be properly licensed by the correct authorities having jurisdiction.

Q45. Page 28, #6- type of guarantee- who determines? Will a parental guaranty be acceptable if the parent has an investment grade rating?

A. See answer to Q8.

Q46. Page 29, C.2- Will the Government consider renewable energy only for the 10 year term?

A. Bids will only be accepted for the Pricing Groups listed in Section C.2 and Attachment C-2 of the solicitation.

Q47. Page 34, F.2 (1.b) – The cost of purchasing, installing, maintaining and repairing meters shall be borne by the Contractor is not acceptable as the meter is the responsibility of the Utility (Transmission

& Distribution Company) and regulated by tariff.

A. See III at the beginning of this Amendment.

Q48. Page 36, G.2 (1) - The retailer (contractor) does not establish a transmission charge. Please explain this sentence.

A. See VI at the beginning of this Amendment.

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Q49. Page 36, G.2 (2) – What is meant by this paragraph? It sounds like this was meant for the

Utility.

Q50. Page 36, G.2 – we would request a Change of Law provision to be included in this section.

Q51. In going through the RFP I don’t see anywhere that references what the technical response should look like. The only reference made is to the FAR 52.212-3, which I don’t see in the RFP or in on the website. We did receive a form labeled FAR 52.212. Where would I find the 52.212-3 form?

A. The technical response should include all items listed in Section C.1, EVIDENCE OF

TECHNICAL QUALIFICATION. 52.212-3, Offeror Representations and Certifications-

Commercial Items, can be found in Section K of the solicitation.

This amendment must be acknowledged at the time of technical proposal submission.

All other terms and conditions remain unchanged.

ACQUISITION MANAGEMENT DIVISION

819 TAYLOR ST RM 12B01

FORT WORTH TX 76102