RFQP05181100011.pdf

NATURAL GAS UTILITY SERVICES

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

FIELD ACQUISITION OFFICE

GRAND PRAIRIE, TX 75051

COMMUNICATIONS SENT BY

MAIL SHALL BE ADDRESSED TO: Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

ATTN: Dennis Dempsey, Contract Specialist

U.S. Department of Justice

Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

July 26, 2011

Re: RFQP05181100011, Natural Gas Utility Services

Federal Correctional Complex Oakdale, Louisiana

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written Standard Form 1449 solicitation will not be issued. This solicitation is being issued as a Request for Quote under the number RFQP05181100011. This solicitation document, incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53 effective date 7/5/2011. Upon request, the Contracting Officer (CO) will make their full text version available. Also, the full text version may be accessed electronically at: www.acquisition.gov/far. This action is unrestricted. The North American Industrial Classification System (NAICS) Code is 221210 – Natural Gas Distribution and the Small Business Size Standard is ‘a firm is small if, the average employment is less than 500 employees.’

This combined synopsis/solicitation package is prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Natural Gas Utility Services to be provided at the Federal Correctional Complex Oakdale. This package contains the following:

Combined Synopsis/Solicitation (28 Pages) Attachments (7 Pages)

This package contains a total of 36 pages and has all the necessary information for submitting a quote.

In submitting a quote, quoter should consider all information provided herein. Detailed instructions regarding submission of quote are listed in section 5 (Addendum to FAR 52.212-1) of this solicitation document.

Be advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items, at paragraph

(t) Central Contractor Registration (CCR). This clause requires all contractors doing business with the Federal Government to be registered in the CCR database. A quote shall include the Data Universal Numbering System or D-U-N-S number in their quote. The Contracting Officer will verify registration in the CCR database prior to award by entering the DUNS number into the CCR database.

A sealed quote, signed by an individual authorized to bind the quoter, shall be received on or before the deadline of August 17, 2011, at 3:00pm Central Time. Quote shall be submitted to the following address:

Dennis Dempsey, Contract Specialist Federal Bureau of Prisons/Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051

RFQP05181100011 Page 2 of 28

Mailed or hand-carried quote must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quote. The official point of receipt for hand-carried quote will be in the receptionist’s area at the address listed above. 24 hour advanced notification is required for hand-carried quote. Please do not submit a quote to any location other than the one listed above.

All communications regarding this RFQ, including any of a technical nature, must be made in writing to the Contracting Officer. Questions or comments may be faxed to my attention at (972) 352-4545 or preferably, submitted electronically to me at dmdempsey@bop.gov. All inquiries received will be considered and responses will be provided when appropriate.

I appreciate your consideration to provide service to the Federal Bureau of Prisons and look forward to receipt of your quote.

RFQP05181100011 Page 3 of 28

Table of Contents

Section Description Page Number 1 Combined Synopsis/Solicitation……………… 2 Commodity or Services Schedule …………………………………………………………………………………………………………………. 4 2.A Addenda: Continuation of the Schedule of Supplies/Services……………………………………………………………. 4 2.B Addenda: Continuation of the Description of the Supplies/Services Being Acquired 3 Contract Clauses 3.A Continuation of Addendum to FAR 52.212-4……………………………………..……………… 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)…… 11 52.216-18 Ordering (Oct 1995)……………………………………………………………………………… 52.216-19 Order Limitations (Oct 1995)… 52.216-21 Requirements (Oct 1995) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.241-3 Scope and Duration of Contract (FEB 1995)…….…………………………………..…………………………….. 12 52.241-6 Service Provisions (FEB 1995)……………………………………………………………………………………………… 12 52.241-8 Change in Rates or Terms and Conditions of Unregulated Services (FEB 1995)…………………. 13 52.21-603-70 Contract Monitor (CM)(AUG 2008)—Federal Bureau of Prisons Acquisition Policy…………….. 13 52.27-103-72 Department of Justice Contractor Residency Requirement Bureau of Prisons Clause (JUN

2004)—Federal Bureau of Prisons Acquisition Policy..……………………………………………………….

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (MAY 2011)……………………………………………………………..

4 List of Attachments 4.A Addenda: Further Elaboration of Special Contract Conditions 5 Solicitation Provisions 5.A Continuation of Addendum to FAR 52.212-1 52.209-7 Information Regarding Responsibility Matters (Jan 2011) 52.233-2 Service of Protest (Sep 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)—Department of Justice

Acquisition Regulation

52.27-103-71 Faith-Based and Community-Based Organization (Aug 2005)—Federal Bureau of Prisons Acquisition Policy………..…………………………………………………………………………………………

52.212-3 Offeror Representations and Certifications (MAY 2011)

RFQP05181100011 Page 4 of 28

Section 2 – Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Natural Gas Utility Service: Effective Date of Award (EDOA) through 12 months. Estimated:

1 YR $ $

0002 Natural Gas Utility Service: 13 months from EDOA through 24 months. Estimated:

1 YR $ $

0003 Natural Gas Utility Service: 25 months from EDOA through 36 months. Estimated:

1 YR $ $

0004 Natural Gas Utility Service: 37 months from EDOA through 48 months. Estimated:

1 YR $ $

0005 Natural Gas Utility Service: 49 months from EDOA through 60 months. Estimated:

1 YR $ $

0006 Natural Gas Utility Service: 61 months from EDOA through 72 months. Estimated:

1 YR $ $

0007 Natural Gas Utility Service: 73 months from EDOA through 84 months. Estimated:

1 YR $ $

0008 Natural Gas Utility Service: 85 months from EDOA through 96 months. Estimated:

1 YR $ $

0009 Natural Gas Utility Service: 97 months from EDOA through 108 months. Estimated:

1 YR $ $

0010 Natural Gas Utility Service: 109 months from EDOA through 120 months. Estimated:

1 YR $ $

TOTAL $

Requisition Number 0193-11

2.A ADDENDA: CONTINUATION OF THE SCHEDULE OF SUPPLIES/SERVICES

2.A.1. PRICING METHODOLOGY: The Federal Bureau of Prisons, Field Acquisition Office working to satisfy the acquisition needs of the Federal Correctional Complex (FCC) Oakdale, Oakdale, Louisiana, intends to make a single award to a contractor who shall provide natural gas utility services upon request by the institution as detailed in the Statement of Requirements. The pricing includes all associated charges to the Government for providing the services required by this solicitation/contract (e.g., insurance, overhead, profit, minimum wages, etc.). The quantity of supplies to be provided by the contractor is estimated. These estimates are not a representation to a offorer or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. General information regarding the FBOP and its facilities is located at www.bop.gov.

2.A.2. ORDERING OFFICIAL: In accordance with FAR 52.216-18, request for services will be made via issuance of individual delivery orders. Delivery orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority.

2.A.3. CONTRACT PRICING: The contract rate for these services shall be on a Mcf basis, customer charge by volume, total amount for each meter/location, and a total amount due. FCC Oakdale is currently provided natural gas service by means of three meters.

The quoter is required to submit a completed copy of the Schedule of Supplies/Services inclusive of contract year 1 through contract year 10.

2.B ADDENDA: CONTINUATION OF THE DESCRIPTION OF THE SUPPLIES/SERVICES BEING ACQUIRED

Public Utility Contract for Natural Gas Utility Services – FCC Oakdale

2.B.1. PLACE OF PERFORMANCE: Contract services will be provided to Federal Correctional Complex Oakdale, 1507 East Whatley

Road, Oakdale, Louisiana 71463. FCC Oakdale houses low security inmates with an adjacent minimum security prison camp and an administrative Federal Detention Center located in central Louisiana. This site is located in the City of Oakdale along Highway 165 in http://www.bop.gov/

RFQP05181100011 Page 5 of 28

Allen Parish which includes the various components of institution operations including the low security institution, detention center, camp, training center, warehouse and other small facilities. The facilities are designed to house approximately 2452 inmates.

2.B.2. STATEMENT OF REQUIREMENTS: Natural Gas Utility Service Requirements - The Federal Government has a present and continuing requirement for natural gas utility service for the proper operation of the facility. The contractor shall provide to the Government facility at FCC Oakdale, natural gas service in a manner and form that is consistent with:

a) All applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all Governmental authorities having jurisdiction, and

b) The facility’s service requirements. Estimated service requirements are:

Estimated monthly usage of 4,788.77 Mcf

Estimated total annual energy consumption 57,465.30 Mcf

1) The estimates, by month and the annual gas consumption for a typical year are shown above. The usage amounts shown are estimates only and do not constitute a Government usage guarantee. The reasonably accurate estimated quantity is based on the best information available. Due to contingencies, the information is subject to modification and is in no way binding on the Government.

2) The point of delivery for the natural gas supplied shall be at the facility main gas meter(s). The meter(s) and gas regulator(s) shall be of a type to record and distinguish the quantity of natural gas consumed by the facility. The contractor shall maintain pressure at the point of delivery of 61 psig at the FCI/FDC and 26 psig at the camp. Natural gas delivered shall conform to quality standards specified in the effective gas sales agreement approved by the governing regulatory body. Unless otherwise indicated, natural gas delivered shall be in a commercially acceptable form, reasonably free of contaminants and of pipeline quality. The contractor is solely responsible for the quality of gas upstream of the city gate.

Measurement, testing, heating value, delivery pressure, and quality of natural gas supply delivered shall be in accordance with the applicable interstate/intrastate pipeline specifications. The facility shall not be obligated to purchase natural gas that either the NGDC or the interstate pipeline has refused to accept due to nonconformance with its specifications. The contractor shall furnish all labor, materials, tools, equipment, and incidentals to supply and deliver direct supply natural gas to the NGDC city gate.

A. Shall not contain more than 100 kg/Mm3 (7 lb./MMcf) of water vapor;

B. Shall not contain more than 2.3 g/m3 (1 grain/ccf) of hydrogen sulfide as determined by quantitative tests after the presence of hydrogen sulfide has been indicated by qualitative test;

C. Shall not contain more than 6 mg/m3 (20 grains/ccf) of total sulfur;

D. Shall not contain in excess of three percent (3%) by volume of carbon dioxide or four percent (4%) by volume of total inert gases;

E. Shall not contain in excess of one percent (1%) by volume of oxygen;

F. Shall not contain in excess of 3 L/100m3 (0.2 gal/Mcf) of those certain liquefiable hydrocarbons commonly referred to as natural gasoline;

G. Shall not exceed 311 K (100 degrees F) in temperature at the point of delivery;

H. Shall be reasonably free of any objectionable material including dust, gums, or gum-forming constituents;

I. Shall be commercially free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered; and J. Shall have a delivered heating value (lower heating value or LHV) of no lower than 950 Btu/cf. (In English measurement, for the purposes of this contract, one "Btu" is defined as the amount of heat required to raise the temperature of one pound of water one degree Fahrenheit at standard atmospheric pressure.)

c) Natural Gas utility service shall be provided by the Contractor in accordance with this Statement of Requirements.

d) Material change. The contractor shall use reasonable diligence to provide a constant and uninterrupted supply of natural gas hereunder. Firm service shall be available for equipment pilot lights, laundry and food service equipment. The facility point of contact will promptly notify the contractor and the Contracting Officer (CO) of any boiler shutdowns, furnace outages, and additions, maintenance of equipment, or compliance with Presidential Directives, Executive Orders, and Public Laws and Regulations that may impact the facility historical usage by more than 25% (a “material change”). Additionally, a material change cannot be caused by increases or decreases in operating hours caused by fluctuations in the weather. If the facility properly notifies the contractor of any material change, contractor will pay any penalties imposed by the facilities NGDC. If the facility fails to notify the contractor of a material change, the facility shall pay all penalties imposed by the facility NGDC.

2.B.3. CHANGES AND MODIFICATIONS: a) The CO/Administrative Contracting Officer (ACO), subject to the limitations set forth, may at any time by written order, make any change in work within the general scope of the contract, whenever the CO/ACO determines such change to be in the best interest of the FBOP.

b) If any changes, deletion, or addition causes an increase or decrease in the estimated costs of, or the time required for, the

RFQP05181100011 Page 6 of 28 performance of any part of the work under this contract, shall be accomplished with the issuance of a Standard Form - 30.

c) Any claim by the contractor for adjustment must be asserted within sixty (60) days from the date of receipt by the contractor of the modification or change; provided, however, that the CO/ACO may decide that the facts justify such action.

d) The requirements of FAR Clause 52.212-4 (d), Disputes, are supplemented to provide that matters involving the interpretation of retail rates, rate schedules, tariffs, riders, and tariff related terms provided under this contract.

2.B.4. INVOICES AND PAYMENT FOR UTILITY SERVICES: a) Invoices for payment shall be prepared and submitted in standard form.

All invoices shall contain such data as may be required to substantiate the billing, including statements of the actual meter readings at the beginning and the end of the billing period, meter constants, unit cost, total consumption during billing period, name of installation, and/or delivery points to include account name, account number and meter number.

All postage and fees related to submitting information including forms, reports, etc. to the Government shall be paid by the contractor. Unless otherwise directed by the Government or this contract, all items shall be preserved, packaged, and packed in accordance with normal commercial practices. Additional, billing information may, at the discretion of the contractor, be supplied upon the written request of the FBOP. Invoices for service shall be rendered for payment by the contractor to:

Federal Correctional Complex Oakdale Post Office Box 5050 1507 East Whatley Road Oakdale, Louisiana 71463 Attn: Accounting

b) Generally, as a Federal agency, purchases made by the FBOP are immune or exempt from any State and local taxation which are incident on the consumer alone (i.e., sales tax, state tax, excise tax). The FBOP shall, however, pay a gross receipts tax or a tax comprising a franchise fee required of the contractor by the local (City) Government, if such tax is specified in the contractor’s rates, tariffs, rules and regulations.

c) Payment of all bills for services rendered under this contract shall be paid in accordance with the Payment provisions in the currently effective Rate Schedule and terms applicable to the service being supplied to FCC Oakdale, or the effective superseding schedule as regulated by a board of appointed officials. The FBOP shall be entitled to any discounts provided for in the applicable utility rates, terms and conditions, or customarily applicable to payment of bills by any similar customer of the contractor. FCC Oakdale shall be responsible for payment of utility service charges rendered and shall be responsible for the day-to-day administration of this contract.

d) Payments for utility services shall not be made in advance of services rendered. Prompt payment terms for commercial items is net 30 days from the date of mailing or delivery. However, to avoid possible late fees or other charges payment may be made by the due date stated on the invoice. Any changes in the contractor’s rate schedule provisions for the payment of bills shall be incorporated into this contract by modification.

e) Each payment made to the contractor for utility service shall include the contractor’s account number and dollar amount assigned to the account for the specific payment. All payments will be made by electronic funds transfer. Any banking information changes will need to be reported to FCC Oakdale and to the Central Contractor Registration (CCR) database immediately. For more information, refer to FAR clause 52.212-4 Contract Terms and Conditions - Commercial Items.

f) For purposes of charges under this contract, any excessive demands due to faulty operation of the contractor’s system shall not be included as part of the FBOP’s demand. The contractor shall be solely responsible for any necessary maintenance and calibration of any meter(s) installed.

Nothing herein contained shall be construed as binding the FBOP to expend, in any one fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year in furtherance of the subject matter of this contract, or involve the FBOP in any contract or other obligation for the further expenditure of money in excess of such appropriation, in accordance with the Anti-Deficiency Act (31 U.S.C. 1341 (a)(1)(A)).

2.B.5. MISCELLANEOUS: a) Liability: The FBOP shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use or operation of the contractor’s facilities or the action of the contractor, its employees or agents in performing under this contract, provided that the damage or injury to person or property was not a result of any act or failure to act on the part of the FBOP, its employees or agents; provided further that the contractor shall not be liable for the action of the FBOP, its employees or agents.

b) Force Majeure: Events not reasonably anticipated or within the control of the claiming party. Neither the FBOP nor the contractor shall be considered to be in default with respect to any obligations under this contract by reason of uncontrollable forces. The term "uncontrollable forces" being deemed, for the purposes of this contract, to mean any cause beyond the control of the party affected, including but not limited to failure of facilities, flood, earthquake, storm lightning, fire, pandemic influenza, epidemic, war, riot, civil disturbance, labor disturbance, acts of public enemy, sabotage, other national emergency, restraint by a court of public authority, actions of Governments or regulatory bodies, future changes in laws, rules, regulations, utility practices, or distribution failure, which, by exercise of due diligence and foresight, such party could not reasonably have

RFQP05181100011 Page 7 of 28 been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. In no event shall the economic hardship of either party constitute a Force Majeure condition. The following conditions, by themselves, shall not constitute a Force Majeure condition:

inability of the contractor to obtain transportation or the event of higher actual costs than contracted costs to the contractor.

c) Communication: All communications between the Contractor and the FBOP relating to the terms of this contract after notification of award shall be conducted through the Contract Administration Office (CAO).

MAILING ADDRESS OF THE CAO IS: MAILING ADDRESS OF THE CONTRACTOR:

Federal Bureau of Prisons FCC Oakdale Post Office Box 5050 1507 East Whatley Road Oakdale, Louisiana 71463 Phone: (318) 335-4070 Phone:

Fax: (318) 215-2589 Fax:

Attn: Contracting Office Attn:

d) Ordinance: Provided that this contract is executed pursuant to the authority of the contractor and may be modified, amended, or repealed as provided for by law; and further, where any provision(s) of this contract are in conflict with the Natural Gas Rate Schedule on file, as amended; or any subsequently enacted rate, the rate schedule then in effect shall prevail, provided that the above is not contrary to Federal Law.

e) Access to Service Location: The FBOP herby grants to the contractor, free of any rental or similar charge, but subject to the limitations and terms specified in this contract, a revocable right of access to enter the Service Location for any proper purpose under this contract including use of site or sites agreed upon by the parties for the installation, operation, and maintenance of the facilities of the contractor. Authorized representatives of the contractor shall, when properly identified, be allowed access to the facilities of the FBOP at reasonable and suitable times to perform the obligations of contractor with respect to such facilities (e.g., reading meter(s), making repairs, performing inspections, or for any other purpose incident to the services). It is expressly understood, however, that proper FBOP authority may limit or restrict the right to access herein granted in the manner considered by such authority to be necessary for the security of FCC Oakdale.

f) For a minimum period of performance from date of award for this contract through a maximum period not to exceed 10 years from effective date of award, the utility provider shall provide natural gas utility service to FCC Oakdale. The Government agrees to the terms and conditions of this agreement and shall reserve the right to evaluate the rates, terms and conditions with 60 days advance notification to the contractor, terminate the natural gas portion of this contract. The Federal Government shall be held harmless from all claims, demands, losses, or damages costs of any kind or nature resulting from said termination.

g) Contractor will utilize software to provide the provisions of goods and services under this agreement that shall have capacity to process date/time data (including, but not limited to calculating, comparing, and sequencing) for the term of this contract.

2.B.6. PERFORMANCE SCHEDULE: The contractor shall perform all services as described in this Statement of Requirements, 24 hours a day, seven days a week, and as required to meet all requirements.

2.B.7. METERS AND METERING: The meter(s) shall be used to record usage for billing purposes. All existing meters shall be tested annually for accuracy. Any meter which registers within plus or minus two percent (2%) of normal shall be deemed correct. The Government reserves the right to request that a special meter test be made at any time. If any test made at the Government’s request discloses that the meter tested is registering within plus or minus 2% of normal, the Government shall bear the expense of such test, otherwise, the expense of such test(s) shall be borne by the contractor and the meter will be repaired or replaced by the contractor as expeditiously as possible. The contractor shall provide the FBOP with actual meter reads, taken at the same time each month (preferred on the 1 st of each month). No estimated meter reads will be accepted. In the event any meter fails to register or registers incorrectly, the parties, after considering all the evidence available from the contractor’s and Government’s records, shall agree upon the length of period during which such meter failed to register or registered incorrectly and the quantity of services delivered through the meter during such period. Upon reaching agreement, an adjustment shall be made to the Government’s bills.

LOCATION ACCOUNT # METER #

FCI Meter 55000050

FDC Meter 550001500

FPC Meter 550002500

2.B.8. LOAD REDUCTION: The Federal Government will not be penalized in any way for pursuing energy conservation projects that reduce all utility load requirements.

RFQP05181100011 Page 8 of 28

2.B.9. ENERGY CONSERVATION MEASURE: The Energy Policy Act of 1992, recent Executive Orders, and Presidential Directives require Federal agencies to meet a number of energy and water management goals, among other requirements. The Federal Energy Management Program (FEMP) supports two methods of project financing: Utility Energy Service Contracts (UESCs) and Super Energy Savings Performance Contracts (Super ESPCs). Implemented energy projects save energy, taxpayer dollars and contribute to a cleaner and safer environment.

a) The term Energy Conservation Measure (ECM) means any specific energy related or water service intended to provide energy savings and/or demand reduction in Federal facilities.

b) The term Energy Management Service (EMS) means any project that reduces and/or manages energy demand in a facility as well as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure. Such measures include, but are not limited to, operating, maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent terms). To be considered an EMS measure, the measure must satisfy all of the following requirements:

1) The EMS measure must produce measurable energy reductions or measurable amounts of controlled energy and/or water use;

2) The EMS measure must be directly related to the use of energy or directly control the use of energy or water;

3) The preponderance of work covered by the EMS measure (measured in dollars) must be for items 1 and 2 above; and

4) The EMS measure must be an improvement to real property or any action that is necessary to ensure the functionality of the

EMS measure.

2.B.10. RENEWABLE ENERGY REQUIREMENT of EPAct 2005 and Executive Order 13423: The authority for this requirement is based on Section 203, FEDERAL PURCHASE REQUIREMENT of the Energy Policy Act of 2005 (42 U.S.C. 15852) and Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management (72 FR 3919; January 24, 2007), and the instructions and guidance distributed by the Chairman of the Council for Environmental Quality for the implementation of the Executive Order.

Energy Policy Act of 2005: (“EPACT 2005;” Pub. L. 109-58) requires, in part, that the President, acting through the Secretary of Energy, shall seek to ensure that, to the extent economically feasible and technically practicable, of the total amount of electric energy the Federal government consumes during any fiscal year, the following amounts shall be renewable energy:

a) not less than 5 percent in fiscal years 2010 through 2012

b) not less than 7.5 percent in fiscal year 2013 and each fiscal year thereafter Executive Order (EO) 13423 requires that agencies: Ensure that (i) at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources, and (ii) to the extent feasible, the agency implements renewable energy generation projects on agency property for agency use. There are no geographic restrictions related to the RECs provided to meet this requirement.

Overview of Renewable Energy Sources and Conversion Factors: The EPACT 2005 and EO13423 Requirements will be based on the

“total amount of electric energy the Federal government consumes during any fiscal year” for all facilities, those subject to EPACT

2005 goals and excluded, domestic and international. This is consistent with Federal energy management requirements in Title V of the National Energy Conservation Policy Act (“NECPA”; Pub. L. 95-619), which specifically apply to Federal buildings, meaning:

“any building, structure, or facility, or part thereof, including the associated energy consuming support systems, which is constructed, renovated, leased, or purchased in whole or in part for use by the Federal Government and which consumes energy; such term also means a collection of such buildings, structures, or facilities and the energy consuming support systems for such collection.”

2.B.11. DEFINITIONS: All definitions are for the interpretation of this agreement:

i. Billing Period – A period consisting of not less than 27 days and not more than 35 days. Bills for shorter or longer periods than defined herein shall be prorated on the basis of the number of days divided by 30.

ii. Burner-tip – Indicates the point of use at FCC Oakdale.

iii. City Gate – The point where interstate pipelines deliver gas into NGDC facilities.

iv. Commodity Supplier – The basic natural gas supply service which is sold either by volume (Mcf or Ccf) or heating value Dth

(dekatherms).

v. Contracting Officer(CO) – The person with authority to enter into, administer, and/or terminate contracts, as well as make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO (FAR 2.101).

vi. Dth – Dekatherm, a measure of the heat content value of gas. Gas usage is determined by multiplying the Mcf used by the heat content value of the gas. One Dth equals approximately 970 cubic feet. One cubic foot (cf) of natural gas is approximately equivalent to 1000 Btu. 1Ccf = 100 cubic feet = 100,000 Btu = 1 Therm. 1 Mcf = 1000 cubic feet = 1,000,000 Btu = 10 Therms = 1 Dth. 1 MMcf = 1,000,000 cubic feet.

vii. Delivered Cost – The all-inclusive cost for a given month or year.

viii. Delivery Point – The location on the system where title to the natural gas service will pass from the contractor to FCC Oakdale.

ix. Distribution – The Delivery of natural gas from the city gate to the consumer.

RFQP05181100011 Page 9 of 28

x. Facility – The Federal Correctional Complex (FCC) Oakdale account which is requesting service.

xi. FERC – The Federal Energy Regulatory Commission.

xii. Firm Fixed Price – A firm and fixed price for Mcf quantities of natural gas service estimated to be used at the meter point during a given billing period for an account. This usage shall include peak, off-peak, summer, winter, weekends, and Holiday usage.

xiii. Fixed Price – A negotiated Commodity or Delivered price set for a specific period.

xiv. Full Requirements – Full 100% requirements for the facility usage for the term specified.

xv. Index Price – The cost of natural gas at a particular receipt of City gate/Delivery point, as published in a recognized Natural

Gas Industry Trade publication.

xvi. LPSC – Louisiana Public Service Commission is an independent regulatory agency dedicated to service the public interest by assuring safe, reliable, and reasonably priced services.

xvii. Mcf – Stands for one thousand cubic feet volume of natural gas.

xviii. Natural Gas – Any mixture of hydrocarbons and non-combustible gases in a gaseous state, consisting primarily of methane, which meets pipeline standards. It is found associated with other fossil fuels, in coal beds, as methane clathrates, and is created by methanogenic organisms in marshes, bogs, and landfills.

xix. NGDC – Natural Gas Distribution Company, the state regulated natural gas utility which owns the gas lines and equipment necessary to deliver natural gas to the consumer (formerly called Local Utility Distribution Company).

xx. NGS – Natural Gas Supplier, an entity that sells or arranges to sell natural gas to customers that is delivered through the distribution lines of an NGDC.

xxi. Rate Class – It is the method used by the NGDC to bill for the consumption and transportation of natural gas.

xxii. Supply Curtailment – Any restrictions imposed by the NGDC by which the supply of natural gas is unable to flow through the

NGDC’s delivery system to the applicable delivery point.

xxiii. Transmission – The moving of natural gas through the interstate pipeline system for delivery to the NGDC.

xxiv. Volume Delivered – The quantity of the commodity supply, which is confirmed and accepted by the NGDC for delivery to the delivery point.

RFQP05181100011 Page 10 of 28

Section 3 – Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions—Commercial Items (June 2010)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title

52.204-4 Printed or Copied Double Sided on Postconsumer Fiber Content Paper (Aug 2000)

52.212-4 Contract Terms and Conditions—Commercial Items (June 2010)

52.232-18 Availability Of Funds (Apr 1984)

52.241-2 Order of Precedence – Utilities (Feb 1995)

52.241-4 Change in Class of Service (Feb 1995)

52.241-5 Contractor’s Facilities (Feb 1995)

52.241-11 Multiple Service Locations (FEB 1995)

DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency (OCT 2007)— Department of Justice Acquisition Regulation

Clauses by Full Text

3.A CONTINUATION OF ADDENDUM TO FAR 52.212-4

TAILORING: In accordance with FAR 12.302, the clause at 52.212-4 is hereby tailored to modify the following elements of the clause to adapt to the market conditions.

At paragraph (f), ‘Excusable Delays,’ the Statement of Requirements section concerning 2.B.5.b) Force Majeure overcomes and has precedence over the Excusable Delays section of the clause in its entirety.

At paragraph (g), ‘Invoice,’ and (i), ‘Payment,’ the Statement of Requirements section concerning 2.B.4. Invoices and Payment For Utility Services supplements the information of paragraphs (g) and (i).

At paragraph (m), ‘Termination for Cause,’ the following section on Termination for Cause overcomes and has precedence over the Termination for Cause section of the clause at FAR 52.212-4(m) in its entirety. The Government may terminate for cause in the event of a material failure to comply with any term or condition which is not remedied within 5 business days from the date of notice of default. In the event of termination for cause, the Government shall not be liable to the contractor for any amount for supplies of services not accepted, and the contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

At paragraph (n), ‘Title.’ The following section on Title overcomes and has precedence over the Title section of the clause at FAR 52.212-4(n) in its entirety. Title to natural gas supplied by the contractor under this contract shall pass from the contractor to the Government upon delivery of said natural gas to the Delivery Point. The contractor warrants that the natural gas delivered to the Government under this contract will be free and clear of all liens, claims, and encumbrances arising prior to delivery to the Delivery Point.

This contract incorporates one or more agency approved clauses by reference (included with FAR clauses above) with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full http://www.acquisition.gov/far

RFQP05181100011 Page 11 of 28 text of a clause may be accessed electronically at this/these address(es): (Justice Acquisition Regulations 48 CFR Chapter 28) www.justice.gov/jmd/pe/jarnet.htm, (USDOJ Procurement Guidance Document(s) (PGD): www.justice.gov/jmd/pe/doj_pgdocs.htm

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT WITH APPLICABLE FILL-IN INFORMATION AS FOLLOWS:

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years.

Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from EFFECTIVE DATE OF AWARD through 10 YEARS.

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

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

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ONE (1) MCF, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ESTIMATED QAUNTITIES IDENTIFIED IN THE SCHEDULE OF ITEMS;

(2) Any order for a combination of items in excess of ESTIMATED QAUNTITIES IDENTIFIED IN THE SCHEDULE OF ITEMS; or

(3) A series of orders from the same ordering office within THIRTY (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within FIVE (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all http://www.justice.gov/jmd/pe/jarnet.htm http://www.justice.gov/jmd/pe/doj_pgdocs.htm http://www.ccr.gov/ https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

RFQP05181100011 Page 12 of 28 supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

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

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

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

provided, that the Contractor shall not be required to make any deliveries under this contract after THE LAST DAY OF THE CONTRACT

TERM.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond SEPTEMBER 30

TH

. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond SEPTEMBER 30

TH

, until funds are made available to the Contracting Officer for performance and until the

Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995)

(a) For the period EFFECTIVE DATE OF AWARD (EDOA) THROUGH 10 YEARS, the Contractor agrees to furnish and the Government agrees to purchase NATURAL GAS utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract.

(b) It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date.

(c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved rates.

(d) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective.

52.241-6 SERVICE PROVISIONS (Feb 1995)

(a) Measurement of service.

(1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than TWO (2) percent slow or fast shall be deemed correct.

(2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than TWENTY-SEVEN (27) days shall be prorated accordingly.

(b) Meter test.

(1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding ONE (1) year(s). The Government has the right to have representation during the inspection and test.

RFQP05181100011 Page 13 of 28

(2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than TWO (2) percent slow or fast.

(3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of TWO (2) percent under normal operating conditions.

(c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location.

(d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than ONE (1) hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge).

52.241-8 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR UNREGULATED SERVICES (FEB 1995)

(a) This clause applies to the extent services furnished hereunder are not subject to regulation by a regulatory body.

(b) After 11 MONTHS OF EACH CONTRACT YEAR, either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes.

(c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service.

(d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract.

(e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification.

52.21-603-70 CONTRACT MONITOR (CM)(AUG 2008) – FEDERAL BUREAU OF PRISONS ACQUISITION POLICY

(a) Jimmy D. Patton, General Foreman, FCC Oakdale, Post Office Box 5060, Oakdale, LA 71463,…