RFP_47PA0723R0004 R11 NCR Competitive Electricity Supply.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 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

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

EQPMPB-23-0007 2

47PA0723R0004

Mark West 202-501-0465

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

See below for additional information

Mark West

221122

7/11/2023

8/8/2023

3:00 PM (EST)

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ATTACHMENT 1: TECHNICAL PROPOSAL CHECKLIST

NOTE; THIS CHECKLIST MUST BE PROVIDED AS THE FIRST PAGE OF ALL TECHNICAL

PROPOSAL RESPONSE PACKAGES FROM OFFERORS.

Per Section C.2, proposals must include the following in the order listed below. Confirm each of the below items has been included in offeror’s technical proposal response package to the Government in the order specified below by including a check in the box next to each item:

Completed Technical Proposal Checklist Signed SF1449 Signed SF30 for each amendment, if applicable Completed Attachment 2 - Contractor Information Completed Attachment 4 - Federal Contractor Veterans’ Employment Report VETS-4212 in accordance with 52.222-37 Completed Attachment 6 - Representations and Certifications (if not in SAM.gov) Response to Evidence of Technical Acceptability items 1 - 12 (See Section C.1 for full description of information required).

Confirmation offeror agrees to award timeline as described in C.2 (3) Depending upon the total dollar value of the resultant awarded contract(s) and the size status of the offeror, the offeror may be required to submit a subcontracting plan for small businesses in accordance with FAR Clause 52.219-9 - Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan. If an offeror has a current subcontracting plan that has been approved by the Defense Logistics Agency (DLA) or has a current commercial plan that has been approved by GSA, offeror may resubmit that plan to meet this requirement. The subcontracting plan must be submitted within the offeror’s technical proposal. Additional information on subcontracting plans including the types of acceptable plans and requirements can be found in Attachment 7.

ATTACHMENT 2: CONTRACTOR INFORMATION

1. COMPANY:

COMPANY NAME:

ADDRESS:

Telephone Number:

Fax Number:

E-Mail Address:

Unique Entity ID (SAM) Tax Identification Number (TIN):

CAGE CODE:

2. POINT OF CONTACT INFORMATION:

A. For CONTRACT ADMINISTRATION:

Name:

Address:

E-Mail Address:

Phone:

FAX:

B. For REMITTANCE

Name:

Address:

E-Mail Address:

Phone:

FAX:

INTERNAL#

Price Component Usage (kWh) or Demand (kW) Based

Treatment Include in Bid Price? Billed/Credited to GSA NCR Billed/Credited to GSA Central Office

Full Transaction Manager Scope of Services Specified in Section A.20 including all cost for scheduling energy Usage (kWh)

Fixed Yes Yes, TM Fee Applied to Power Purchases

Yes, TM Fee Applied to Excess Power Sales

Purchased Energy Commodity Costs Usage (kWh) Index Price No Yes No Sold Energy Commodity Credits Usage (kWh) Index Price No No Yes PPA Costs Usage (kWh) Prevailing PPA Contract Rates No No Yes Enel X Fee @ $.0007 per kWh Usage (kWh) Economic Price Adjustment No Yes No Applicable Public Service Commission fees Usage (kWh) Economic Price Adjustment No Yes No Balancing and Congestion Costs Usage (kWh) Economic Price Adjustment No Yes No Line Losses (including distribution losses to the end use meter) Usage (kWh) Economic Price Adjustment No Yes No Fuel Costs Usage (kWh) Economic Price Adjustment No Yes No Scheduling Usage (kWh) Economic Price Adjustment No Yes No Ancillary Services and other ISO Costs (OATT Tariff, Operating Reserves, ISO Administrative Fees) Usage (kWh) Economic Price Adjustment No Yes No Marginal Loss Credits (MLCs) Usage (kWh) Economic Price Adjustment No Yes No Transmission Loss Credits (TLCs) Usage (kWh) Economic Price Adjustment No Yes No Reliability Must Run (RMR) Usage (kWh) Economic Price Adjustment No Yes No Auction Revenue Rights (ARRs) Usage (kWh) Economic Price Adjustment No Yes No FERC Order 745 and FERC 494 / EL05-121-009 Compliance Costs Usage (kWh) Economic Price Adjustment No Yes No DC & MD State Mandated Renewable Portfolio Standards (RPS) compliance costs Usage (kWh) Economic Price Adjustment No Yes No MD Offshore Wind RECs (ORECs) Usage (kWh) Economic Price Adjustment No Yes No Capacity Costs (ICAP & UCAP) Demand (kW) Economic Price Adjustment No Yes No Transmission Costs (including Network Integration Transmission Service(NITS), Regional Transmission Expansion Planning (RTEP), Financial Transmission Right (FTR), Transmission Reallocation Costs (TEAC),Transmission Enhancement (TEC)

Demand (kW) Economic Price Adjustment No Yes No

Pricing Group One (1) PEPCO DC & MD

ATTACHMENT 3: PRICE COMPONENT CONFIRMATION TABLE

ATTACHMENT 4: SAMPLE FEDERAL CONTRACTOR VETERANS’

EMPLOYMENT REPORT VETS-4212 FORM

FEDERAL CONTRACTOR VETERANS’ EMPLOYMENT REPORT VETS-4212

OMB NO: 1293-0005

Expires: 04/30/2024

Persons are not required to respond to this collection of information unless it displays a valid OMB number. It is mandatory for a covered Federal contractor respond to this information collection. See 38 U.S.C. § 4212(d) and “Who Must File” section of instructions.

ATTN: Human Resource/EEO Department

RETURN COMPLETED REPORT TO:

VETS-4212 Submission

VETERANS’ EMPLOYMENT AND TRAINING SERVICE (VETS)

Service Center

In care of: Department of Labor National Contact Center (DOL-NCC) 7425 Boston Blvd

Springfield, VA 22153

COMPANY IDENTIFICATION INFORMATION (Omit items preprinted above-ADD Company Contact Information Below)

COMPANY No: TWELVE MONTH PERIOD ENDING 2 0 2 0

M M D D Y Y Y Y

NAME OF PARENT COMPANY: ADDRESS (NUMBER AND STREET):

CITY: COUNTY: STATE: ZIP CODE:

NAME OF COMPANY CONTACT: TELEPHONE FOR CONTACT: EMAIL:

NAME OF HIRING LOCATION: ADDRESS (NUMBER AND STREET):

CITY: COUNTY: STATE: ZIP CODE:

NAICS: DUNS:

EMPLOYER ID

(IRS TAX No.) _

INFORMATION ON EMPLOYEES

REPORT THE TOTAL NUMBER OF EMPLOYEES AND NEW HIRES WHO ARE PROTECTED VETERANS, AS DEFINED IN THE INSTRUCTIONS. DATA ON NUMBER OF EMPLOYEES ARE TO BE ENTERED IN COLUMN A AND B, LINES 1.1 THROUGH 9. DATA FOR NEW HIRES ARE ENTERED IN COLUMNS C AND D. LINE 10 IS TOTAL OF EACH COLUMN. ENTRIES IN COLUMNS C AND D, LINES 1.1 THROUGH 9 (GRAY SHADED AREAS) ARE OPTIONAL. ENTER THE MAXIMUM AND MINIMUM NUMBER OF EMPLOYEES.

JOB

CATEGORIES

NUMBER OF EMPLOYEES NEW HIRES (PREVIOUS 12 MONTHS)

PROTECTED VETERANS

(A)

TOTAL EMPLOYEES

(B)

PROTECTED VETERANS

(C)

TOTAL NEW HIRES

(D)

EXECUTIVE/SENIOR LEVEL

OFFICIALS AND MANAGERS

1.1

FIRST/MID LEVEL

OFFICIALS AND

MANAGERS 1.2

PROFESSIONALS 2

TECHNICIANS 3

SALES WORKERS 4

ADMINISTRATIVE

SUPPORT WORKERS 5

CRAFT WORKERS 6

OPERATIVES 7

LABORERS/HELPERS 8

TYPE OF REPORTING ORGANIZATION

(Check one or both, as applicable)

Prime Contractor Subcontractor

TYPE OF FORM (Check only one) Single Establishment

Multiple Establishment-State Consolidated (specify number of locations) (MSC)

SERVICE WORKERS 9

TOTAL EMPLOYEES 10

Report the total maximum and minimum number of permanent employees during the period covered by this report.

Maximum Number Minimum Number

Form VETS-4212 11/2014

Federal Contractor Veterans’ Employment Report (VETS-4212)

WHO MUST FILE: This VETS-4212 Report is to be completed by all nonexempt Federal contractors and subcontractors with a contract or subcontract in the amount of $150,000 or more with any department or agency of the United States for the procurement of personal property or non-personal services. Services include but are not limited to the following services: utility, construction, transportation, research, insurance, and fund depository, irrespective of whether the government is the purchaser or seller. Entering into a covered Federal contract or subcontract during a given calendar year establishes the requirement to file a VETS-4212 Report during the following calendar year.

WHEN TO FILE: This annual report must be filed no later than September 30.

LEGAL BASIS FOR REPORTING REQUIREMENTS: Title 38, United States Code, Section 4212(d) mandates that Federal contractors and subcontractors subject to the statute’s affirmative action provisions in 38 U.S.C.

4212(a) report, at least annually, the number of employees in their workforces by job category and hiring location, and the number of such employees, by job category and hiring location, who are qualified protected veterans. In addition, Federal contractors and subcontractors must report the total number of new hires during the period covered by the report and the number of such new hires who are qualified protected veterans. Further, Federal contractors and subcontractors must report on the maximum and minimum number of employees during the period covered by the report. The Department of Labor’s Veterans’ Employment and Training Service (VETS) has promulgated regulations found at 41 CFR part 61-300 to implement the reporting requirements of 38 U.S.C. 4212(d). The regulations require contractors and subcontractors to file the VETS-4212 Report to comply with the requirements of 38 U.S.C. 4212(d).

The regulations in 41 CFR part 61-300 can be found at http://www.dol.gov/general/cfr/title_41.

HOW TO FILE THE VETS-4212 REPORT: The preferred method for filing VETS-4212 Reports is electronically through the VETS web-based filing system. Instructions for electronically filing the VETS- 4212 Report are found on the VETS website at http://www.dol.gov/agencies/vets/programs/vets4212.

Alternative filing methods are described below in these instructions.

Single Establishment Employers: Employers doing business at one hiring location may complete and submit a single VETS-4212 Report using the web-based filing system, or submit a single paper version of the VETS-4212 Report, as described below under Alternative Filing Methods.

Multi-Establishment Employers: Employers doing business at more than one hiring location, must file:

(A) a VETS-4212 Report covering the principal or headquarters office; (B) a separate VETS-4212 Report for each hiring location employing 50 or more persons; and (C) EITHER, (i) a separate VETS-4212 Report for each hiring location employing fewer than 50 persons, OR (ii) consolidated reports that cover hiring locations within one State that have fewer than 50 employees. Multi-establishment employers doing business at more than 10 locations must submit their VETS-4212 Reports in the form of an electronic data file that complies with current Department of Labor specifications for the format of these records, and any other specifications established by the Department for the applicable reporting year.

Multi-establishment employers with fewer than 10 hiring locations are strongly encouraged to submit their VETS-4212 Reports in the form of an electronic data file, but are not required to do so. In these cases, state consolidated reports count as one location each.

VETS-4212 Reports in the form of electronic data files may be submitted through the web-based filing system. Electronic data files also may be transmitted electronically as an e-mail attachment (if they do not exceed the size stated in the specifications), or submitted on compact discs or other electronic storage media.

ALTERNATIVE FILING METHODS: The VETS-4212 Report may also be filed in paper format.

Reporting organizations may download a paper version of the VETS-4212 Report from the VETS website at http://www.dol.gov/agencies/vets/programs/vets4212 or send a written request for the paper version of the VETS-4212 Report to: Office of the Assistant Secretary for Veterans’ Employment and Training, U.S. Department of Labor, 200 Constitution Avenue, NW, Room S-1325, Washington, DC 20210, Attn:

VETS-4212 Report Form Request.

WHERE TO FILE: VETS-4212 Reports in paper format or electronic data files on compact discs or other electronic storage media may be delivered by U.S. mail or courier delivery service to: Veterans’ Employment and Training Service, c/o Department of Labor National Contact Center, 7425 Boston Blvd Springfield, VA 22153. Paper copies of the VETS-4212 Reports and electronic data files (if they do not exceed the size stated in the specifications) also may be sent as e-mail attachments to: VETS4212-customersupport@dol.gov

HOW TO PREPARE THE VETS-4212 REPORT: All fields and answers to questions in all areas of the VETS-4212 Report are mandatory unless otherwise specified below. If the multi-establishment employer has hiring locations employing fewer than 50 persons, the employer may file separate reports for each hiring location or consolidated reports that cover multiple hiring locations within one state.

Type of Reporting Organization: Indicate the type of contractual relationship (prime contractor or subcontractor) that the organization has with the Federal Government. If the organization serves as both a prime contractor and a subcontractor on various federal contracts, check both boxes. If a reporting organization submits only one VETS-4212 Report for a single location, check the Single Establishment box. If the reporting organization submits more than one VETS-4212 Report, one report should be checked as Multiple Establishment-Headquarters. The remaining VETS-4212 Reports should be checked as either Multiple Establishment-Hiring Location or Multiple Establishment-State Consolidated. For state consolidated reports, the number of hiring locations included in that report should be entered in the space provided. For each report, only one box should be checked within this block.

Company Identification Information: . Please note: If a Federal Contractor Report has been filed in the past, you need to utilize the company number assigned in previously submitted reports. If a company number is not available please leave the field blank. If there are any questions regarding a Company Number, please call the VETS-4212 Customer Support Center at (866) 237-0275 or e-mail VETS4212-customersupport@dol.gov.

Twelve Month Period Ending: Enter the end date for the twelve month reporting period used as the basis for filing the VETS-4212 Report. To determine this period, select a date in the current year between July 1 and August 31 that represents the end of a payroll period. The selected date will be the basis for reporting the Number of Employees, as described below. The twelve-month period preceding that date is your twelve- month covered period. This period is the basis for reporting New Hires, as described below.

Any Federal contractor or subcontractor that has written approval from the Equal Employment Opportunity Commission to use December 31 as the ending date for the EEO-1 Report may also use that date as the ending date for the payroll period selected for the VETS-4212 Report.

Name and Address for Single Establishment Employers: Complete the identifying information under the Parent Company name and address section.

Name and Address for Multi-Establishment Employers: For parent company headquarters location, complete the name and address for the parent company headquarters and leave blank the name and address of the Hiring Location. For hiring locations of a parent company, complete the address for the Parent Company location, complete the name and address for the Hiring Location.

NAICS Code, DUNS Number, and Employer ID Number: Single Establishment and Multi- Establishment Employers must complete the North American Industry Classification System (NAICS) Code, Dun and Bradstreet I.D. Number (DUNS), and Employer Identification Number (EIN) as described below:

NAICS Code: Enter the six (6) digit NAICS Code applicable to the hiring location for which the report is filed. If there is not a separate NAICS Code for the hiring location, enter the NAICS Code for the Parent Company.

DUNS Number: If there is a specific Dun and Bradstreet Identification applicable to the hiring location for which the report is filed, please enter the nine (9) digit in the space provided. If the hiring location does not have a DUNS Number, enter the DUNS number for the Parent Company. If an appropriate DUNS Number cannot be identified, leave this field blank.

Employer I.D. Number (EIN): Enter the nine (9) digit number assigned by the I.R.S. to the contractor. If there is a specific EIN applicable to the hiring location for which the report is filed, enter that EIN.

Otherwise, enter the EIN for the Parent Company.

Number of Employees: Report the total number of employees who are protected veterans for each of the 10 occupational categories (Lines 1.1 through 9) in column A. Report the total number of employees, including protected veterans, for each of the 10 occupational categories (Lines 1.1 through 9) in column B. Blank spaces will be considered zeros.

New Hires (Previous 12 Months): Report the total number of employees who were hired and included in the payroll for the first time during the 12-month period preceding the ending date of the selected payroll period. Report the total number of new hires who are protected veterans in column C. Report the total number of new hires, including protected veterans, in column D. Providing new hire data for each of the occupational categories (columns C and D, lines 1.1 through 9) is optional. Blank spaces will be considered zeros.

Maximum/Minimum Employees: Report the maximum and minimum number of employees on board during the twelve-month period covered by this report, as indicated by 41 CFR 61-300.10(a)(3).

DEFINITIONS:

‘Employee’ – means any individual on the payroll of an employer who is an employee for purposes of the employer’s withholding of Social Security taxes except insurance sales agents who are considered to be employees for such purposes solely because of the provisions of 26 U.S.C. 3121 (d)(3)(B) (the Internal Revenue Code). Part-time employees and leased employees are included in the definition of ‘employee.’

The definition does not include persons hired on a casual basis for a specific job ( e.g., persons at a construction site whose employment relationship is expected to terminate with the end of the employee’s work at the site); persons employed temporarily in an industry other than construction who are hired through a hiring hall or some other referral arrangement; or persons on the payroll of an employment agency who are referred by such agency for work to be performed on the premises of another employer under that employer’s direction and control, as provided in 41 CFR 61-300.2(b)(5).

‘Hiring location’ – means an establishment as defined at 41 CFR 61-300.2(b)(6).

‘Job Categories’ – means any of the following: Officials and Managers (Executive/Senior Level Officials and Managers and First/Mid-Level Officials and Managers), Professionals, Technicians, Sales Workers, Administrative Support Workers, Craft Workers, Operatives, Laborers and Helpers, and Service Workers and are defined in 41 CFR 61-300.2(b)(7).

‘Protected Veteran’ – means a veteran who is protected under the nondiscrimination and affirmative action provisions of the Vietnam Veterans’ Readjustment Assistance Act, 38 U.S.C. 4212; specifically a veteran who may be classified as an active duty wartime or campaign badge veteran, disabled veteran, Armed Forces service medal veteran, or recently separated veteran, ’Active duty wartime or campaign badge Veteran’ – means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.

‘Armed Forces Service Medal Veteran’ – means any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 FR 1209, 3 CFR, 1996 Comp., p. 159).

‘Disabled Veteran’ – means (1) A veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or (2) A person who was discharged or released from active duty because of a service-connected disability.

‘Recently Separated Veteran’ – means a veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty in the U.S. military, ground, naval or air service.

RECORD KEEPING: Employers must keep a copy of the completed annual VETS-4212 Report(s) submitted to DOL for a period of three years.

Public Burden Statement: Public reporting burden for this collection is estimated to average 20 minutes per location to make an electronic filing and 40 minutes per location to make a paper filing, including the time for reviewing instructions, searching existing data source, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden to the Department of Labor, Veterans’ Employment and Training Service, Office of Information Management, Room N-1316, 200 Constitution Avenue, NW, Washington D.C. 20210 or electronically transmitted to VETS4212-customersupport@dol.gov All completed VETS-4212 Reports should be sent to the address indicated on the front of the form. See actual VETS-4212 Report for additional disclosures.

Updated January 2023

ATTACHMENT 5: SUBCONTRACTING PLANS

MODEL COMMERCIAL SUBCONTRACTING PLAN INSTRUCTIONAL

REMINDERS

Remove these instructional pages before submitting your completed subcontracting plan to the Contracting Officer

Use the Commercial Subcontracting Plan Template when:

● The company determines this is the best type of plan to meet its purchasing model and is unable to break out subcontracting attributable to a particular government contract

● The supplies or services provided to the federal government meet the definition of “commercial” in FAR part 2

NOTE: The Model Commercial Subcontracting Plan template is a tool contractors may choose to use when preparing their commercial subcontracting plans. The Model Commercial Subcontracting plan:

● Is NOT a fill-in-the-blank form

● Does not replace the FAR requirements listed in clause 52.219-9

● Reflects objectives GSA encourages contractors to adopt

A COMMERCIAL SUBCONTRACTING PLAN

● Includes the Offeror’s (or Contractor’s) planned subcontracting supporting both commercial AND government business, rather than solely to a single government agency or contract

● Is the preferred type of subcontracting plan for Contractors furnishing commercial items and services. However, if the contract will be a multiple award, indefinite delivery-indefinite quantity contract where task/delivery orders will be funded by more than one federal agency, consider using the individual subcontracting plan.

● Covers only the company’s fiscal year (12 month period - i.e., only one commercial plan per Contractor annually).

● Applies to the purchasing to support the entire production of commercial items sold by the entire company or is limited to a portion thereof (e.g. division, plant, or product line). Please indicate such a statement in the commercial plan, whether it applies company-wide or is a limited plan.

o Must include indirect costs (i.e. general and routine commercial purchases) o Note: If the commercial plan encompasses more than one company within the corporation, identify in the plan the companies covered and include the Unique Entity Identifier [UEI] for each.

● Remains in effect during the Contractor’s fiscal year for all Government contracts in effect during that period. Once a Contractor’s commercial plan has been approved, the Government shall not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided continues to meet the definition of a commercial item.

● To submit a commercial plan:

o Complete Section I. Identification Data in the Model Template List the annual goals (or spend) for each socio-economic category listed in the commercial plan format provided under Section III, Goals.

o Complete Sections IV through XV, ensuring a company official signs the plan under XVII.

o Submit the commercial plan to either:

▪ the first Contracting Officer (of any agency) awarding a contract subject to the plan during the Contractor’s fiscal year; or,

▪ if the Contractor has ongoing contracts with commercial plans, to the Contracting Officer responsible for the contract with the latest completion date.

What happens after I submit the subcontracting plan to the contracting officer?

The Contracting Officer:

● Reviews the subcontracting plan to ensure the plan meets all of the requirements listed in FAR 52.219-9

● Submits the plan to the Small Business Technical Advisor (SBTA) in GSA’s Office of Small and Disadvantaged Business Utilization and the Small Business Administration Procurement Center Representative (PCR) for input as required by FAR

● Considers the recommendations by the GSA SBTA and the SBA PCR and negotiates the commercial plan on behalf of the entire federal government.

Once approved by a government contracting officer, the contractor may use the commercial plan for any federal government contract during the 12 month period covered by the plan.

AFTER CONTRACT AWARD, DON’T FORGET TO:

o Submit a new commercial plan, 30 working days before the end of the Contractor’s fiscal year (i.e., plan expiration date) to the Contracting Officer responsible for the uncompleted Government contract with the latest completion date.

o When the new commercial plan is approved each year, provide a copy of the approved plan to each Contracting Officer responsible for ongoing contract(s) subject to the plan.

o After award, submit the required annual Summary Subcontracting Report (SSR) in the Electronic Subcontract Reporting System (eSRS):

▪ Due no later than October 30 each year. Failure to submit the report on time may indicate a lack of “good faith effort”, putting your company at risk for the assessment of liquidated damages.

▪ Follow the directions on the eSRS home page, especially the “Quick Reference Guides for Government Contractors Filing SSR for Commercial Plan” and the Sample SSR Step by Step for Commercial plans

▪ Be sure to select “Commercial” as the type of subcontracting plan

▪ While the commercial plan covers your company’s fiscal year, the

SSR covers all subcontracting done during the government’s fiscal year (October 1 through September 30)

▪ List the email address of the contracting officer who approved the commercial plan on behalf of all federal agencies and the contracting officers when other federal agencies’ contracts are covered by the plan

▪ Include indirect costs

▪ Explain in the “Remarks” section any shortfall or “0” dollars reported and the corrective action going forward. Make sure the reasons or future actions are not the same year after year with no improvement.

▪ Allocate to each federal agency a portion of each of the dollars reported

▪ At no time should the total percentage allocated to the federal agencies equate to 99%!

▪ When the government’s share is less than one percent, make sure the percentage is translated into the report correctly. For example, if the government’s allocation is 0.51%, make sure the percentage is entered as 0.51% and not 51%.

I am having difficulty in meeting the goals established in the contract’s subcontracting plan. What should I do?

A number of actions can be taken:

1. Read the plan. Did you do what you said you were going to do in the plan to find qualified SBs, SDBs, WOSBs, VOSBs, SDVOSBs and HUBZones?

2. Did a key small business supplier grow into “other than small”? Explain any “0” or shortfalls in the “Remarks” section of the report. Be sure to identify what corrective action you will take to get back on track. “Tell the story” in the report.

3. Did you post your company’s subcontracting opportunities on the SBA SubNet database?

4. Does your website make it easy for small businesses to find you and your company’s opportunities?

5. How do you keep market research fresh? Check out the following resources recommended in GSA’s Model Subcontracting Plan Instructions:

SBA Commercial Marketing Representative: SBA CMRs APEX Accelerators: APEX Accelerators (formerly known as Procurement Technical Assistance Centers: PTAC website)

Trade and professional organizations and conferences Department of Commerce Minority Business Development Agencies: MBDA website

State, county, city minority business offices Small, minority, women-owned, veteran business organizations Local chambers of commerce: Chambers of Commerce website Department of Veterans Affairs (VOSBs and SDVOSBs) Dynamic Small Business Search: DSBS website

1. Do current suppliers meet the size status for the NAICS code that best describes the subcontract and the socio-economic definitions in FAR part 2

2. Are you able to break out elements of large acquisitions into smaller contracts suitable for small business participation?

3. Did you follow the required actions listed in FAR 52.219-9(e)?

https://eweb1.sba.gov/subnet/client/dsp_Landing.cfm https://www.sba.gov/document/support--commercial-market-representatives https://www.apexaccelerators.us/#/ https://www.aptac-us.org/ https://www.mbda.gov/ https://www.uschamber.com/co/chambers https://web.sba.gov/pro-net/search/dsp_dsbs.cfm

Commercial Subcontracting Plan Template

[INSERT COMPANY NAME]

SMALL BUSINESS SUBCONTRACTING PLAN

I. IDENTIFICATION DATA:

Address: ____________________________________________________________

Date Prepared: _____________________ Description of Types of Supplies/Services:

Contract Number: _________________

Unique Entity Identifier (UEI) : (under the contract awarded or pending award)

Insert company Fiscal Year (FY) beginning and end dates

Commercial Plan Period: (Contractor’s 12-month dates including year covered M/D/Y)

Projected Annual Sales (Company-wide): ________________________________

II. GOALS:

FAR clause 52.219-9(d) states that the subcontracting plan shall include the following:

(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes) and women-owned small business WOSB concerns as subcontractors.

Remember:

• Commercial plans will always reflect annual company-wide goals

• Dollars and percentages to OTSB and total small businesses (including all socioeconomic subsets) must equal the total subcontracted to both categories in dollars and percentages.

[Company Name] provides the following separate dollar and percentage goals, which are a percentage of the total subcontracting dollars for each business category:

1. Estimated TOTAL dollars planned to be subcontracted to all types of concerns (generally for both commercial and government business, in support of commercial items sold during company fiscal year):

Annual Commercial Purchases/Spend: $_________________ = 100% subcontracted

2. Total dollars planned to be subcontracted to those classified as Other Than Small Business concerns:

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

3. Total dollars planned to be subcontracted to all Small business concerns (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB small business concerns:

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

REMEMBER: COMPUTE THE PERCENTAGE FOR THE FOLLOWING BY USING

THE TOTAL DOLLARS LISTED IN #1 ABOVE:

4. Total dollars planned to be subcontracted to veteran-owned small business concerns (including service-disabled veteran-owned small businesses):

5. Total dollars planned to be subcontracted to service-disabled veteran-owned small business concerns (subset of VOSB above and cannot be higher than #4 above):

6. Total dollars planned to be subcontracted to HUBZone small business concerns:

7. Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes):

8. Total dollars planned to be subcontracted to women-owned small business concerns:

III. PRINCIPAL TYPES OF SUPPLIES AND SERVICES TO BE SUBCONTRACTED:

Describe the principal types of supplies and services to be subcontracted and an identification of types of supplies or services planned for subcontracting to SB (including ANCs and Indian tribes),VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns.

The principal types of supplies and/or services that [Company Name] anticipates to be subcontracted (outsourced) and the identification of the type of supply or service offered to each business concern are as follows. GSA requests inserting the applicable NAICS code1 under the description:

Supplies/Services (Including NAICS)

OTSB/

Large

Small VOSB SDVOSB HUBZone SDB WOSB

Example - Painting

NAICS 238230

X X X

ATTACH ADDITIONAL SHEETS IF NECESSARY

Please Note: It is imperative that your company explain in the narrative of this section any low goals2 and the actions planned in order to support your plan. Otherwise, the CO, GSA Office of Small and Disadvantaged Business Utilization or the SBA may deem your plan unacceptable, preventing contract award.

NOTE: “zero” is not considered a “positive” goal which the FAR requires. Having a goal will provide the incentive for your company to make a “good faith effort” in fostering opportunities for Small business, SDB, WOSB, VOSB, SDVOSB and HUBZone SB. After award, the contracting officer assesses whether you have made a “good faith effort” to implement the subcontracting plan.3

IV. DESCRIPTION OF METHOD USED TO DEVELOP SUBCONTRACTING GOALS:

FAR 19.704(a)(4) and the clause at 52.219-9(d)(4) require a description of the method used to develop the subcontracting goals. Explain or state the basis for establishing your proposed goals (i.e. based on historical data and experience, market research, etc.).

[Company Name] used the following method to develop the subcontracting goals:

1 NAICS codes are found at: https://www.census.gov/eos/www/naics/ 2 Low goals are those less than the Agency’s subcontracting goals.

3 See FAR 19.705-6(g). “Good faith effort” is described in SBA regulations 13 CFR 125.3(d)(3) and FAR 19.705-7(b).

https://www.census.gov/eos/www/naics/

V. DESCRIPTION OF METHOD USED TO IDENTIFY POTENTIAL SOURCES:

Describe the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB source lists.4

[Company Name] identifies potential subcontractors using the following source lists and organizations (please list your sources used):

VI. INCLUSION OF INDIRECT COSTS IN ESTABLISHING GOALS: FAR clause 52.219-9(d)(6) requires a statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns.

4 Use of SAM as a source list does not relieve a firm of its responsibilities to identify potential small business sources by other means (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

FAR 19.703 adds that the prime contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract . . . and a prime contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding their size or socioeconomic status.

NOTE: CONTRACTORS SUBMITTING COMMERCIAL PLANS MUST INCLUDE

INDIRECT COSTS5 TO CAPTURE MAJOR COMPANY-WIDE EXPENSES AND

MAXIMIZE OPPORTUNITIES FOR SMALL BUSINESSES.

Indirect costs HAVE BEEN included in the dollar and percentage subcontracting goals stated above.

Provide the method used to determine the proportionate share of indirect costs to be incurred with small business concerns for your contract below.

VII. PROGRAM ADMINISTRATOR: FAR clause 52.219-9(d)(7) requires the name of the individual employed by the Offeror who will administer the Offeror’s subcontracting program, and a description of the duties of the individual. Please add the contact information for this person (telephone number and email address), in case of questions, and provide an alternate point of contact, if applicable.

Name: _____________________________________________________________

Title/Position: _______________________________________________________

Telephone number: __________________________________________________

Email Address: ______________________________________________________

Alternate POC with contact information:

Duties: FAR clause 52.219-9(e) requires that in order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions. Include these in the subcontracting plan, indicating your compliance with FAR 52.219-9:

5 Indirect costs represent the expenses of doing business that are NOT easily identified with a specific project (i.e.

contract or grant) but are generally recognized as ordinary and necessary for the general operation of the Contractor’s organization and the conduct of activities it performs. Types of indirect costs include routine supplies and general and administrative (G&A) expenses. However, fringe benefits (e.g. services or benefits provided to employees such as health insurance, payroll taxes, pension contribution, etc.), are NOT considered subcontracting and shall be excluded).

1. Assist SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns by arranging solicitations, sufficient time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential SB, VOSB, SDVOSB, HUBZone, SDB and WOSB subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

2. Provide adequate and timely consideration of the potentialities of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns in all “make-or-buy” decisions.

3. Counsel and discuss subcontracting opportunities with representatives of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB firms.

4. Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern in accordance with 52-219-8(d)(2).

5. Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as SB, VOSB, SDVOSB, HUBZone, SDB and WOSB for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.

6. For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a SB, VOSB, SDVOSB, HUBzone SB, SDB, or WOSB concern.

7. Assign each subcontract the NAICS code and corresponding size standard that best describes the principle purpose of the subcontract.

Other ways the Plan Administrator will ensure the company meets the goals of the plan demonstrating “good faith effort” [Check those that will be done under this plan]:

____Ensure the periodic rotation of potential subcontractors on bidders’ lists.

____Ensure that SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns are included on the bidders’ list for every subcontract solicitation for products and services they are capable of providing.

____Ensure that subcontract procurement “packages” are designed to permit the maximum possible participation of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns.

____Review subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns.

____Ensure that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns.

____Oversee the establishment and maintenance of contract and subcontract award records.

____Attend or arrange for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, etc.

____Directly or indirectly counsel SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns on subcontracting opportunities and how to prepare bids to the company.

____Conduct or arrange training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business Act on purchasing procedures

____Develop and maintain an incentive program for buyers that support the subcontracting program.

____Monitor the company’s performance and make any adjustments necessary to achieve the subcontract plan goals.

____Coordinate the company’s activities during compliance reviews by Federal agencies

____Promote opportunities for small businesses on the company’s website

____Additional Duties: [If your company or program administrator will perform additional subcontracting duties not shown above, please identify them here]

VIII. EQUITABLE OPPORTUNITY: FAR clause 52.219-9(d)(8) requires a description of the efforts the Offeror will make to assure that SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns have an equitable opportunity to compete for subcontracts.

[Company Name] will make every effort to ensure that all small business concerns have an equitable opportunity to compete for subcontracts. These efforts may include one or more of the following activities: (please indicate which of the following apply or adapt the list to fit your company’s efforts)

Outreach efforts to obtain sources:

___ Contacting minority and small business trade associations

___ Contact business development organizations

___ Requesting sources from the SBA’s Dynamic Small Business Search:

(https://web.sba.gov/pro-net/search/dsp_dsbs.cfm) and/or the SAM.gov database

___ Attend small and minority business trade fairs and procurement conferences

Internal efforts to guide and encourage purchasing personnel:

___ Present workshops, seminars and training programs

___ Establishing, maintaining and using small, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, and service-disabled veteran-owned small business source lists, guides, and other data for soliciting subcontracts

___ Monitoring activities to evaluate compliance with the subcontracting plan

Other efforts: (Please describe below.)

IX. ASSURANCES OF CLAUSE INCLUSION AND FLOW DOWN: FAR clause 52.219-9(d)(9) requires assurances that the Offeror will include the clause at 52.219-8, Utilization of Small Business Concerns (see 19.708(a)), in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of the subcontracting plan threshold listed in FAR 19.702 with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

[Company Name] agrees to include the FAR Clause 52.219-8, “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and will require all subcontractors (except small business concerns) that receive subcontracts in excess of the subcontracting plan threshold listed in FAR 19.702 to adopt a subcontracting plan that complies with the requirements of the clause at 52.219-9, Small Business Subcontracting Plan.

http://acquisition.gov/comp/far/current/html/52_217_221.html http://acquisition.gov/comp/far/current/html/Subpart%2019_7.html http://acquisition.gov/comp/far/current/html/52_217_221.html

X. ASSIGNMENT OF SIZE STANDARDS TO SUBCONTRACTS

[Company Name] agrees to assign North American Industry Classification System (NAICS) codes to subcontracts and further agrees to provide the socio-economic status of the successful subcontractor in the notification to the unsuccessful offerors for the subcontracts in accordance with FAR 52.219-9.

XI. REPORTING AND COOPERATION: FAR clause 52.219-9(d)(10) requires assurances that the offeror will do the following.

[Company Name] agrees to:

● Cooperate in any studies or surveys as may be required

● Submit accurate Summary Subcontract Reports (SSR) in the Electronic

Subcontracting Reporting System (eSRS) at Link to eSRS , following the instructions provided on the eSRS home page, especially the guidance for accurately allocating a percentage of the subcontracted dollars to the federal agencies covered by the commercial subcontracting plan. [See the “Quick Reference Guides for Federal Government Contractors Filing SSR for Commercial Plan” for allocation techniques.]6

● Enter the SSR in eSRS within 30 days after the end of the Government’s fiscal year, September 30, following the directions on the eSRS homepage.7 Note:

Failing to submit reports on time may be an indication of a lack of “good faith effort” (SBA regulation 13 CFR 125.3(d)).

● Correct and submit a revised SSR within 30 days of notice of rejection by the contracting officer

● Submit a new commercial plan to the cognizant contracting officer 30 days prior to the expiration of the current plan

Calendar Period Report Due Due by with email address for:

10/01--09/30 SSR 10/30 Contracting Officer

ASSISTANCE IN REPORT PREPARATION CAN ALSO BE FOUND IN THE

ATTACHMENT, REPORTING INSTRUCTIONS FOR CONTRACTORS, or in guidance documents on the eSRS home page (https://esrs.gov), and from your local SBA Commercial Marketing Representative8.

6 If the total allocation is 99% or 100%, that indicates that 100% of your business is attributable to the federal government which is incorrect.