N33191-14-R-1047_Amendment_01.pdf

N33191-14-R-1047

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

As Amendment 01 to the Request for Proposal for N33191-14-R-1047 Spanish Electrical Pow er ;

Incorporate the follow ing changes:

1. Information has been revised in all sections of the solicitation. All changes are indicated in red in the follow ing Summary of Changes.

2. The follow ing attachments are incorporated into this solicitation. Attachments J-2000000-03, J-200000-04, and J-200000-07 are provided as separate attachments in PDF form. Attachments J-200000-03, J-200000-04, and J-200000-06 are provided in Microsoft Excel Format.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

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

16C. DATE SIGNED

BY 11-Sep-2014

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N33191-14-R-1047

X 9B. DATED (SEE ITEM 11)

28-Aug-2014

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Sep-2014

CODE

NAVFAC EUROPE AFRICA SOUTHWEST ASIA

PSC 817 BOX 51

FPO AE 09622-0051

N33191 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

NAVFAC EURAFSWA is the Government agent delegated to procure electricity for the U.S. Navy in Spain.

The Government is soliciting offers for supply and transmission of electricity and ancillary services for the Naval Support Activity (NSA) Rota, an installation, whose location in the electrical grid is identified by the NIF/CIF G3360073E and CUPS ES0031102555053001GD0F belonging to Endesa Distribución Electrica S.L.U.

as competent Distributor. Such installation shares the Spanish Navy Base, Agrupación Base Naval de Rota, and is located in Rota, Cadiz. The estimated amount of energy to be provided is 107.8 GWh.

Technical specifications and account data of the point of service, including estimated electric consumption, historical data and load profile, are provided in section J.

The present solicitation intends to select one supplier to provide electricity to NSA Rota over the 12- month period November 1, 2014 – October 31, 2015.

To this purpose the Client states:

• That the Client’s supply contract is not subject to any restriction that would prevent the

Contractor from starting the supply at the set date;

• That the Client does not have any obligations pending with previous supply, transportation and dispatching contractors;

• That the point of delivery is connected to the Distributor’s grid, and that these connections are adequately configured to meet energy requirements.

The Offeror shall specify in the technical offer:

• That it qualifies as electric energy vendor registered in 2nd Section of “Registro Administrativo de Distribuidores, Comercializadores, y Consumidores Cualificados” located at Ministry of “Economia y Hacienda”;

• That in 2012 or 2013 it supplied electricity to end users in the Free Market for a total quantity of at least 1000 GWh/year. The number of end users and the volume of electricity totally supplied shall be provided in section J, Form D.

• That in 2012 or 2013 the offeror supplied at least 100 GWh (Giga-watt hours) to at least one end user in the free market. Provide a point of contact and method of communication (e-mail address and telephone number) for the point of contact. This end user may be contacted directly by the United States Government. This information will be submitted per Section J Form D.

Joint Venture (JV) Offerors shall furnish with their proposal a notarized legal document that establishes the JV and all the documentation listed in section L.5.

Upon award, the Offeror is required to submit a bank guarantee in the amount of € 250,000.00. The bank guarantee, whose language is located at J-200000-05, shall be submitted not later than ten business days after award and shall be valid through the end of the performance period and until all invoices have been submitted and reconciled.

Upon the execution of this contract, the Client authorizes and the Contractor agrees to subscribe to the access tariff contract with the Distributor, on the Client’s behalf.

The Contractor shall designate at least two points of contact (a prime and a deputy) to be responsible for all customer service matters with the Client. The point of contact shall not be a Call Center.

Not later than 10 working days prior to the commencement of the performance period, the Contractor shall notify the Client, via email, the name, email address and telephone numbers of the

Client’s points of contact shown in at Art.12. Should a point of contact be replaced, the Contractor shall provide the new reference data to the Client within 5 working days.

Failure to meet these terms will be governed by the procedure in Art. 17

Article 1. Communication and Contract Modifications

Communication between the Parties concerning contract administration and modifications will be conducted in writing. Such communication will be sent by mail or email with all correspondence attached in .pdf format.

If corresponding via mail, the Contractor is required to address correspondence to:

NAVFAC EURAFSWA

ATTN: JOSEPH MARTINEZ

Viale Porto, Box 51 – Aeroporto Capodichino 80144 Napoli, Italia

E-mail: joseph.a.martinez@eu.navy.mil

Phone: +39-081-568-7727

The Contractor shall ensure that all contract correspondence that is addressed to the Government is submitted in English, or English and Spanish.

Each modification to the contract shall be performed through the bilateral completion of the Standard Form 30 (SF30 – Annex C1), by Client and Contractor.

The Client shall issue a SF30 to the Contractor who will countersign and return to the Client within 2 weeks by email in .pdf format.

Article 2. Conditions of the Supply and Transmission of Electricity and Ancillary Services

The electricity supply shall be continuous and non-interruptible. Transmission, distribution and ancillary services will be provided by the Contractor who will subscribe to the Access Tariff Contract with the Distributor, on the

Client’s behalf as agreed in Article 1.

The quantity of electricity under the contract is subject to ordinary variations due to different causes.

However, such variations neither shall justify reason for failure to deliver electricity nor justify any Contractor’s claims against the Client.

The quantities of supplies or services specified in section J are estimates only and are not purchased through this contract. The Contractor shall not request any revision to prices if, at the completion of the billing month, consumption resulted in lower or higher usage than the Client’s estimate. Likewise, should consumption be higher than estimated, the Client shall not request any discount at the completion of the billing month.

For each delivery point through the duration of this contract, the Contractor shall make the following available to the Client by the 10th of every month, through a secure Website using a personal password:

o hourly and/or 15-minute consumption data in table format o hourly and/or 15-minute consumption data in graph format o monthly summary demand and consumption data for all the calendar months preceding the current month, if available

Failure to meet these terms will be governed by the procedure in Art. 17.

The Client agrees to purchase and pay for the total quantity supplied by the Contractor as recorded by the Distributor’s official meters at the agreed contract prices.

Payments will be made, unless differently agreed upon by the Parties, via bank transfer through NSA Rota Payment Office as detailed in Art. 12.

Article 3. Period of Performance

The contract performance shall begin on November 1, 2014 at 00:00 through October 31, 2015 at 24:00. The contract performance period ends on October 31, 2015 at 24:00.

Article 4. Unit Price of Supply

The Offeror shall submit a pricing offer, as follows:

• A firm fixed Offer Price per MWh consumed through the entire performance period. This Offer Price, in

€/MWh, can be diversified according to Time Bands described in the Legend.

Offer Price shall NOT include:

• Tarifa de Acceso (Término de Energia):

o Pagos por capacidad €/kWh o Pérdidas (% sobre los Pagos por Capacidad)

• Costes permanentes (% sobre la Tarifa de Acceso):

o Tasa de CNE o Compensaciones insulares y extrapeninsulares o Operador del Sistema

• Costes de diversificación y Seguridad de abastecimiento (% sobre la Tarifa de Acceso):

o Moratoria Nuclear o Segunda parte del ciclo de combustible nuclear o Recargo deficit actividades reguladas 1/1/2005 - 31/12/2005

• Costs relevant to the metering system rental, installation, maintenance, validation and sending of energy usage data to the OMEL, as set by art.2.2 of ITC 3860/2007.

Offer Price shall include:

• costs associated with the application of the 2003/87/CE Directive “Emissions Trading” on GHG emissions;

• imbalance costs and any other dispatch costs related to scheduling of deliveries; and,

• costs relevant to holding the necessary authorizations, in accordance with current legislation, to subscribe on behalf of the Client, to purchase transportation rights, production capacity at national level and import of energy from foreign markets.

The following charges, as well as all other taxes (see Art. 11), shall not be applied:

• Impuesto Municipal (% sobre Pagos por Capacidad + Pérdidas)

Article 5. Offer Conditions and Award Criteria

Receipt of Offeror’s Technical and Pricing Offers are due as described in section L The basis for award is found in Section M.

Article 6. Letters of references and Bank Guarantees

In order to participate in the present Solicitation, the Offeror shall submit two letters of proper bank references issued by two different credit institutions or authorized brokers. Such bank references shall state the Offeror’s financial capability to acquire the required bank guarantees in case of award. It is mandatory that in the subject the letters make specific reference to this Solicitation number N33191-14-R-1047.

The awarded Offeror will be required to sign and submit a bank guarantee (the text and amount are provided in J-2000000-05) ten business days after contract award.

The bank guarantee will be valid through October 31, 2015 and will be payable on a written first -demand basis.

Additionally, the Client will retain physical possession of the bank guarantee documents until all invoices have been submitted and reconciled following conclusion of the performance period.

This demand will occur if the contract is terminated due to Contractor’s failure as per Article 16.

Article 7. Total Price and Conditions of Connection Tariffs and Additional Costs

When the Contract is awarded, the Client authorizes the Contractor to subscribe the access tariff contract with the Distributor, on the Client’s behalf.

In addition to the Offer Price, the Contractor shall invoice the Client the amounts relevant to current costs of Tarifa de Acceso, Costes permanentes, Costes de diversificación y Seguridad de abastecimiento, Costs relevant to the metering system rental, installation, maintenance, validation and sending of energy usage data to the OMEL, as determined by the Spanish law and/or regulatory body.

No charges additional to the ones listed will be invoiced, and Contractor will provide details about metered consumption.

Article 8. Reference Provisions

The regulation of electricity in Spain, to include supply, transportation and distribution, is governed by the Spanish Civil Code. The Contractor will adhere to the rules and regulations implemented by ITC, CNE and other governing bodies, for the purposes of electricity regulation.

For the issues not explicitly provided for in this contract, both Parties agree to accept the provisions contained in the regulatory body resolutions and in the Spanish Civil Code.

Article 9. Change in terms and conditions for regulated services

In the event that rules and regulations issued and enforced by regulatory bodies should affect the supply contract terms the Contractor and the Client will negotiate modifications in order to comply with the requirements within 60 days from one Party’s request to the other Party.

In case the modifications introduced within the context of the new regulations should affect the mutual interest of the Parties to such an extent as to cause an increase or decrease in the cost of performance to the Parties, within 60 days from one Party’s request to the other Party the Contractor and the Client will make an equitable adjustment in the contract price to protect the interests of both.

Article 10. Taxes and duties

The Contractor represents that the contract price, including the prices in any subcontracts awarded under this contract, do not include taxes as the Government is exempt under the Agreement of Defense Cooperation Between the United States and the Kingdom of Spain from all Spanish taxes, duties and charges directly applicable to such acquisition if the total cost of the acquisition equals or exceeds 600 euros.

The Contractor represents that the contract prices, including subcontract prices, do not include the taxes identified herein, or any other taxes from which the United States Government is exempt.

In accordance with tax relief agreements between the United States Government and the Spanish Government, and because the incumbent contract arises from the activities of the United States Forces in Spain, the contract will be exempt from the following excise, luxury, and transaction taxes, or any other taxes from which the United States Government is exempt:

(1) Derechos de Aduana (Customs Duties).

(2) Impuesto de Compensacion a la Importacion (Compensation Tax on Imports). (3) Transmissiones Patrionomiales (Property Transfer Tax).

(4) Impuesto Sobre el Lujo (Luxury Tax).

(5) Actos Juridocos Documentados (Legal Official Transactions). (6) Impuesto Sobre el Trafico de Empresas (Business Trade Tax). (7) Impuestos Especiales de Fabricacion (Special Products Tax).

(8) Impuesto Sobre el Petroleo y Derivados (Tax on Petroleum and its By-Products).

(9) Impuesto Sobre el Uso de Telefona (Telephone Tax).

(10) Impuesto General Sobre la Renta de Sociedades y demas Entidades Juridicas (General Corporation Income Tax).

(11) Impuesto Industrial (Industrial Tax).

(12) Impuesto de Rentas Sobre el Capital (Capital Gains Tax).

(13) Plus Vailia (Increase on Real Property).

(14) Contribucion Territorial Urbana (Metropolitan Real Estate Tax).

(15) Contribucion Territorial Rustica y Pecuaria (Farmland Real Estate Tax). (16) Impuestos de la Diputacion (County Service Charges).

(17) Impuestos Municipal y Tasas Parafiscales (Municipal Tax and Charges).

(18) IVA (VAT)

(19) Impuesto sobre electricidad

Article 11. Invoice and Payment

The Contractor may only invoice for charges allowed under the terms and conditions of this contract.

All expenses relevant to invoicing, including stamps and mailing costs, shall be the Contractor’s responsibility and shall be included in the offered price. If such costs are broken out and included on any invoice, the costs will not be reimbursable. All invoicing shall be based on metered quantities at the service point.

In the event the Distributor has not performed a meter reading on the account, the Contractor shall invoice on the basis of the estimated monthly consumption as per section J, column “Electrical Energy Consumption Monthly Forecast.” Any and all estimated bills shall be “trued up” on the first billing cycle after the Distributor bill is made available.

If feasible, agreements may be reached with the Contractor to have the invoicing based on the self-readings monthly provided by the Client when the Distributor’s information is missing.

In case any undue charge is invoiced by the Contractor and paid by the Client, the money paid in excess shall be reimbursed through crediting the amount on the relevant account in order to be balanced with the following bill(s).

Should this be unfeasible due to contract expiration, the credit claimed by the Client shall be reimbursed through a check addressed to the U.S. Treasury.

The Contactor shall NOT issue credit notes as the U.S. Government cannot accept credit notes under any type of circumstances. Therefore, any credit due to the Client will be indicated in the next invoice(s) for consumption and deducted from the total amount due. Should there be credit(s) at the time the contract expires or if unexpectedly terminated, the credit(s) will be reimbursed to the U.S. Government via banker's draft made payable to the U.S. Treasury and forwarded to the NAVFAC EURAFSWA FM POC Mr. Leandro Fernandez.

Invoices shall be issued to the Client by the 20th day of the month following the month when the consumption occurred.

The payment of invoices will be made within 30 calendar days after e-mail receipt of a proper invoice by the office designated in Article 12.

Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available, as described at Article 10.

In case the Client detects errors or inaccuracies in the invoices and gives written notice to the Contractor, such invoices will be put on hold until the issue is settled and no charge for late payment will be assessed.

SECTION E - INSPECTION AND ACCEPTANCE

INVOICING INSTRUCTIONS

ARTICLE 12. Submission and Payment of Invoices

The Contractor will submit their paper invoices to the following addresses: U.S. Naval Support Activity Central T. Ed 64 Apartado 33/BOX 9

11.530 Base Naval de Rota

In addition to the paper invoices sent through the regular mail service, the Contractor shall email a pdf version of the invoice to each individual below:

Jose Perez Rodriguez Jose.PerezRodrigu.SP@eu.navy.mil Manuel Marquez Acuña Manuel.MarquezAcu.SP@eu.navy.mil Juan Antonio Ayllon Gonzalez JuanAntonio.Ayllo.SP@eu.navy.mil Alfredo Menendez Gonzales Alfredo.menendezg.sp@eu.navy.mil

The official receipt date will be the date the invoice is e-mailed to the points of contact.

Payment of Invoices.

The payment of the invoices will be made by the following Government Office within 30 calendar days upon receipt of a proper invoice.

Commercial Bill Paying Office Naval Support Activity, Rota, Spain

The Contractor is required to provide the Client with the information necessary to make payment via bank transfer. Within 15 working days after award, the Contractor shall e-mail this information directly to the points of contact shown in block 10 of the SF33 (first page) with copy to the Contracting Officer.

The Contractor is required to promptly notify the Contracting Officer of any change affecting the way the payment of invoices must be performed.

Except as required in Article 7, the Client will not be required to submit any deposit, bank or insurance guarantee.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J-200000-03

J-200000-03 D Form

EXCEL and PDF Version included as a separate attachment

J-200000-04

J-200000-04 Firm Fixed Price Form

EXCEL and PDF Version included as a separate attachment

J-200000-05

J-200000-05 Bank Guarantee

AUTONOMOUS BANK GUARANTEE PAYABLE ON FIRST WRITTEN DEMAND

At tn:

Commanding Officer, NAVFAC EURAFSWA

Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli, ITALIA

Subject: AUTONOMOUS BANK GUARANTEE PAYABLE ON FIRST WRITTEN

DEMAND

The underwritten Bank (hereafter the BANK), with legal seat in , fiscal code , VAT , Chamber of Commerce registration no.

, Branch of , here represented by its Bank Manager Mr , born in on , holding the necessary powers to issue an executable bank guarantee payable on first written demand (hereafter the GUARANTEE) in favour of NAVFAC and to meet the related obligations as mutually agreed assuming that

a) NAVFAC EURAFSWA with legal seat in Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli Italia, VAT/FC N, 80156020630 (hereafter the CLIENT), and with legal seat in , fiscal code (hereafter the SUPPLIER), have agreed to sign a contract which provides for the SUPPLIER to deliver electric energy to the CLIENT starting from November 1, 2014 through October 31, 2015;

b) as suspension clause for contract efficacy the SUPPLIER must give the CLIENT a bank guarantee payable on first written demand issued by a primary Spanish bank, valid through 24.00 hours of the last day of the contract, the text of which guarantee is that provided by the CLIENT;

c) in case of unilateral termination of the contract it is agreed that the GUARANTEE should be valid through 24.00 hours of the last contract day, independently of the termination day;

considering all the above assumptions a fundamental part of GUARANTEE obligations, the BANK as here represented agrees to meet the following obligations towards the CLIENT:

ART.1 OBLIGATIONS

On behalf of the SUPPLIER the BANK irrevocably and unconditionally guarantees the CLIENT up to a maximum amount of 250,000.00 Euros (two hundred fifthy thousand and 00/100 €), including capital, VAT, duties and taxes, accessories, and other CLIENT’s requests, assuming autonomous obligation of guarantee towards the CLIENT in the agreed terms.

The present bank guarantee covers the electric energy supply which the Supplier is to deliver the Client from November 1, 2014.

Therefore the BANK shall pay the amount requested up to the agreed maximum on the CLIENT’s first written demand. The payment will be made to the CLIENT’s bank account and following the CLIENT’s crediting directions within five working days from receiving the demand. The demand shall be mailed as Registered R.R. or telegram.

The BANK will renounce all exceptions, oppositions, actions, claims for whatever reason by the SUPPLIER or third parties, including actions concerning contract validity and efficacy or should a liquidation procedure be applied for the SUPPLIER. In any case there shall be no charges, expenses or formalities for the CLIENT.

The CLIENT agrees that excussion will occur only in case of contract termination due to the SUPPLIER’s failure as per article 16 of the Contract.

Should the term of five working days be delayed, the CLIENT will be granted an interest rate calculated according to Spanish Law until the payment is effective without any further actions.

ART. 2 PARTIAL EXCUSSION; CESSION OF GUARANTEE

RIGHTS

In case of partial excussion of the amount fixed in art.1, the BANK’s obligation shall not change for the remaining amount.

In no case shall the BANK reduce the GUARANTEE amount (art.1) which is fixed until the deadline as fixed in art.3.

Should the CLIENT transfer his contract, the BANK’s obligation will not change provided that the BANK is notified of such cession by both parties not later than on the date of excussion on the first written demand.

ART. 3 DURATION AND VALIDITY OF THE GUARANTEE;

TERMINATION

The GUARANTEE is valid and effective through the last contract day, October 31, 2015.

In case of unilateral termination of the contract (see letter c), the GUARANTEE will terminate the last day of validity of the original contract independently of the date on which the termination becomes effective. The same provision applies to any other form of contract resolution before the original terms.

The BANK agrees that the GUARANTEE shall not be revoked for any reason whatsoever nor shall the B A N K unilaterally terminate the GUARANTEE before the agreed deadline.

ART. 4 COMMUNICATIONS

All communications on the subject of the GUARANTEE should be mailed to: BANK: …., …………, ………….…, Fax ……………………., Attention of ….. .NAVFAC: NAVFAC

EURAFSWA, Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli Italia, Fax

+390815685517, Attention of Paul Heavey (Contracting Officer)

ART. 5 EXCLUSIVE LEGAL JURISDICTION

Any disputes which should arise concerning the GUARANTEE will fall under the exclusive legal jurisdiction of the Court of Madrid. Any other Court is expressly excluded.

Signature the BANK

The BANK approves the terms and conditions of the present GUARANTEE with reference to the above articles no.1-3-5.

Signature the BANK

J-200000-06 J-200000-06

Projected Demands

See external document (Attachment)

J-200000-07

J-200000-07

Spanish Version of Solicitation

See external document (Attachment)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS TO OFFERORS

L.1 SITE VISIT

There is no pre-proposal conference and site visit scheduled for this requirement.

L.2 FORMAT TO SUBMIT PRE-PROPOSAL INQUIRIES (PPI)

All prospective offerors submitting PPIs must use the attached PPI form. All PPIs shall be submitted to Mr.

Joseph Martinez at e-mail address joseph.a.martinez@eu.navy.mil with a copy to Ms. Teresa Traettino at e-mail address teresa.traettino.it@eu. navy.mil

PPIs shall be submitted Microsoft Word and only have one question per sheet.

In order to allow time for the Government to respond to the PPI, the cutoff date for PPIs is ten days prior to the proposal due date.

PRE-PROPOSAL INQUIRY

RFP: N33191-14-R-1047 PPI No.

SOLICITATION: Competitive Power Spain

NOTE: ALL PRE-PROPOSAL INQUIRIES SHALL BE SUBMITTED BY E-MAIL, ON THIS FORM TO

THE FOLLOWING E-MAIL ADDRESSES. SUBMIT ONLY ONE INQUIRY ON EACH FORM.

joseph.a.martinez@eu.navy.mil and Teresa.Traettino.it@eu. navy.mil

DATE OF PROPOSAL INQUIRY:

FROM FIRM: POC:

ADDRESS:

PHONE NO.: E-MAIL ADDRESS:

PROPOSAL INQUIRY: (Please type or print clearly)

(Include RFP Section, page number, and paragraph if applicable)

GOVERNMENT RESPONSE:

L.3 PERIOD OF ACCEPTANCE OFFERORS:

Only offers received via e-mail within the stated time will be accepted. The official time stamp will be the one of the Contract Specialist’s computer.

L.4 REQUEST FOR PROPOSAL (RFP) FILES:

Solicitation files are posted to the Federal Business Opportunities (FEDBIZOPS) website:

https://www.fbo.gov as mandated by our agency. It is the sole responsibility of the offeror to obtain the RFP files, along with any amendments, from this website.

L.5 JOINT VENTURE (JV) AGREEMENTS

For the purposes of this solicitation, a Joint Venture (JV) refers to a U.S.-Styled formal legal entity in the nature of a partnership comprised of two or more persons or companies. Each JV must provide one (1) CAGE/NCAGE code, one (1) DUNS number for the JV and one (1) DUNS number for each member comprising the JV. Each JV must be registered in the System for Award Management (SAM) using the name of the JV. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO fee to register for this site. The website is: www.sam.gov

Joint Venture Offerors (JV) offerors, shall provide with their proposal a notarized legal document that establishes the JV. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one

(1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the JV shall be furnished with the proposal in its original language version along with a certified English translation of the notarized JV document. The Joint Venture must be formed and valid at the time of submission of the proposal. The validated notarized legal document must include language that each member of the JV will be jointly and severably liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.

Only offers from Prime Contractors and Joint Ventures (JV) will be accepted. Offers from Temporary Joint Ventures (Unión Temporal de Empresas (UTE)) will not be accepted for this procurement and will be considered non-responsive to the solicitation.

1. The Joint Venture Agreement shall include, at a minimum, the following: (a)

Name of firms that form the JV and the name of the JV.

(b) Name and title of the corporate officials signing on behalf of each party.

(c) Solicitation number.

(d) Description of the responsibilities in terms of work category for each member (for example: Firm A performing 100% of C-2-d.)

(e) The statement "The composition and structure of the JV will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government.”

(f) Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.

(g) Statement under oath stating that the Joint Venture(JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement must be signed under oath by all members comprising the Joint Venture.

The U.S. Government reserves the right to review the actual JV Agreement to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (performance guarantee, insurance, etc) will be sent to the Contracting Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.

L.6 5252.215-9300 CONTENT OF PROPOSALS (JAN 2003)

PROPOSAL REQUIREMENTS. The technical proposal and price/cost proposal shall be submitted in separate volumes. The technical proposal shall not contain any cost/pricing information. The technical proposal presented by the offeror to whom the award is made will be incorporated into the contract at time of award.

Proposals shall be submitted via e-mail with the subject line as one of the following, as appropriate:

“SOLICITATION N33191-14-R-1047; Competitive Power Spain”

Multiple e-mails may need to be sent for any of the submissions, if your e-mail exceeds 5MB.

The U.S. Navy computer server will only accept e-mails with attachments up to 5MB. If you need to submit more than one e-mail for any of the above submission, then number them at the end of the e-mail subject title as 1 of ?, 2 of ?, etc.

Proposals not received at the above address on or before the hour and date set for the receipt of proposals shall be subject to the provisions of FAR Clause 52.215-1 Instructions to Offerors -- Competitive Acquisition (JAN 2004).

Offers are solicited on an “all or none” basis and FAR 52.215-1, INSTRUCTIONS TO OFFERORS COMPETITIVE ACQUISITION in Section L, is hereby modified. Failure to submit offers for all line items listed shall be cause for rejection of the offer.

b) The offeror shall submit the following information:

(1) Technical Proposal Submission: Submit the following:

a. Submit all Technical factor requirements.

b. Page format shall have margins of 1 inch on all four sides. Text shall be black, using

Times New Roman or Courier, and no smaller than 11 point and single line spacing.

(2) Pricing Submission:

All offerors shall be notified of their technical rating within seven (7) calendar days after the technical proposal due date. Offerors found to be technically acceptable shall be instructed of the due dates for the pricing submission.

(3) The Pricing Submission shall consist of the following:

a. A completed J-0200000-04 for IDIQ ELINS. The submitted J-0200000-04 must have proposed prices for IDIQ ELINS.

(End of clause)

L.7 SUBMIT TECHNICAL PROPOSALS TO:

Technical Proposals shall be submitted via e-mail to Mr. Joseph Martinez at e-mail address joseph.a.martinez@eu.navy.mil with a copy to Ms Teresa Traettino at e-mail address teresa.traettino.it@eu.

navy.mil by 22 September 2014, 11:00 a.m. Central European Time (CET).

SECTION M - EVALUATION FACTORS FOR AWARD

A. BASIS FOR AWARD

1. The Government reserves the right to award the contract to the responsible offeror with the lowest price technically acceptable proposal based on the evaluation factors in the solicitation as outlined in Section M.

2. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

3. Pricing offers will be calculated based on the annual total value resulting from the expected consumption data provided in the solicitation, on the basis of the applicable unit prices per time band.

4. The successful offeror will be the one offering the price with the lowest total cost calculated by multiplying time band unit prices by the energy consumption expected in the relevant time band, then adding the results of the different time bands.

5. An overall non-price factors rating must be at least “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the overall non-price factors proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

B. Basis of Evaluation and Submittal Requirements for Each Factor:

Price Factor:

(i) Solicitation Submittal Requirements:

a. A completed Price Schedule for base Contract Line Item Number (CLIN) 0001. The Price Schedule must be signed by the offeror.

b. A completed J-0200000-04 for each line item. The submitted J- 0200000-04 must have proposed prices for each line item.

c. A statement that the offeror agrees to hold prices for 5 days from the date specified for the receipt of prices.

(ii) Basis of Evaluation:

The Government’s evaluation of price will be based on the total price. The successful offeror will be the one offering the price that is determined to be the lowest cost calculated by multiplying time band unit prices by energy consumption expected in the relevant time band, then totaling the results of all the different time bands. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the RFP.

(ii) Comparison of proposed prices with the Independent Government Estimate.

(iii) Comparison of proposed prices with available historical information.

(iv) Comparison of market survey results.

Technical Factors:

(1) Factor 1; Cover Letter

(i) Solicitation Submittal Requirements:

(a) A cover letter completed with all the information identified in FAR 52.215-1(c)(2), including: Solicitation Number; name, address, telephone and e-mail address of the Offeror;

in case the Offeror is a JOINT VENTURE (JV), the name of the JV MUST BE CLEARLY IDENTIFIED; Name, title, and signature of the person authorized to sign the proposal;

DUNS Number and CAGE or NCAGE Code of the Offeror; in case the Offeror is a JOINT VENTURE (JV), provide a DUNS Number for each member of the JV.

(b) Registration in the System for Award Management (SAM) at https://www.sam.gov at time of proposal submission is required. Registration will include the completion of the Representations and Certifications portion of the website.

(c) Completed (Blocks 13 through 18), signed and dated Standard Form (SF) 33, Solicitation, Offer, and Award.

The basis of evaluation will be the offeror’s accurate and complete submission of the information above for the solicitation submittal requirements.

To receive an acceptable rating in this factor the offeror’s submission shall contain all the required information.

(2) Factor 2; Completed Form D

(i) Solicitation Submittal Requirements: Completion of the attachment Form D (see attachment J-

200000-03) or similar document with the appropriate corporate signature and stamp demonstrating that:

(a) the offeror supplied electricity to end users in the Free Market for a total quantity of at least 1,000 GWh/year

(b) the offeror supplied at least 100 GWh (Giga-watt hours) last year to at least one end user in the free market. Provide a point of contact and method of communication (e-mail address and telephone number) for the point of contact.

This end user may be contacted directly by the United States Government

To receive an acceptable rating in this factor, the offeror must demonstrate that it supplied power more than 1000 GWH from 2012-2013 total in the free market and that supplied at least 100 GWh/year to a single user in the free market.

To receive an acceptable rating in this factor the offeror’s submission shall contain all the required information.

(3) Factor 3; Letters of Reference

(i) Solicitation Submittal Requirements: Two letters issued by two different credit institutions or authorized brokers. Such letters shall reference the offeror’s financial capability to acquire the required bank guarantees in the amount of €250,000 in case of award. It is mandatory that in the subject the letters make specific reference to this solicitation number N33191-14-R-1047.

The basis of evaluation will be the offeror’s ability to submit two letters issued by two different credit institutions or authorized brokers. Such letters shall reference the offeror’s financial capability to acquire the required bank guarantees in the amount of €250,000 in case of award. It is mandatory that the subject line of the letters specifically reference solicitation number N33191-14-R-1047. A sample is provided in J-200000-05.

To receive an acceptable rating in this factor, the Offeror must submit proof of its financial capability to acquire performance guarantee(s) in the amount of €250,000

(4) Factor 4; Sample High Voltage Invoice

(i) Solicitation Submittal Requirements: Submit a sample invoice to be used under this solicitation that contains sufficient detail to demonstrate the consumption of electricity per time of use category, per day, for each billing period.

The basis of evaluation will be the offeror’s submission of a sample invoice to be used under this solicitation that contains sufficient detail to demonstrate the costs associated with the consumption of electricity per time of use category, per day, for each billing period.

To receive an acceptable rating in this factor the offeror’s invoice shall clearly demonstrate the costs associated with the consumption of electricity per time of use category for each billing period.

(5) Factor 5; Energy Vendor Qualification

(i) Solicitation Submittal Requirements: Submit qualifications as electric energy vendor registered in 2nd Section of “Registro Administrativo de Distribuidores, Comercializadores, y Consumidores Cualificados” located at Ministry of “Economia y Hacienda” or that it possesses any other qualifications authorizing it to meet supplier obligations.

The basis of evaluation will be the offeror’s submission of current registration in 2nd Section of

“Registro Administrativo de Distribuidores, Comercializadores, y Consumidores Cualificados” located at Ministry of “Economia y Hacienda” or that it possesses any other qualifications authorizing it to meet supplier obligations.

To receive and acceptable rating in this factor the offeror must establish proof of its qualifications to operate as an energy vender appropriately registered and licensed with the Spanish Government.

(End of Summary of Changes)