SP0600-10-R-0412.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-10-0933

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-10-R-0412

6. SOLICITATION ISSUE DATE

January 12, 2010

7. FOR SOLICITATION

INFORMATION CALL:

a.NAME Cynthia Ralph (703) 767-8566

b. TELEPHONE NUMBER (no collect calls) Phone: See Block 7A Fax: (703) 767-8757

8. OFFER DUE DATE/LOCAL TIME

See Page 2

9. ISSUED BY CODE

SP0600 10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE 100 % FOR

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

12.DISCOUNT TERMS

Defense Energy Support Center Electricity Branch, Installation Energy

SMALL BUSINESS

SMALL DISADV BUSINESS

MARKED

SEE SCHEDULE

8725 John J. Kingman Road, Suite 3827 Fort Belvoir, VA 22060-6222

8(A) 13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

Buyer/Symbol: Cynthia Ralph / DESC-AEA Email: cynthia.ralph@dla.mil

NAICS: 221119 13b. RATING K

Phone: (703) 767-8566 Fax: (703)-767-8757

P.P. 8.1 SIZE STND: 4 million MWh* 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16 . ADMINISTERED BY CODE SP0600

See Schedule

See Block 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY CODE

Telephone No: Fax No:

See Paragraph B of Clause C802

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 SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Installation Data

Sheet

Renewable Energy Certificates (REC) (Attach additional sheets as necessary)

See Part I, (1) (c)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-3. FAR 52.212-4 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

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 AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REFERENCE ______________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 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print)

LAWRENCE T. FRATIS

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL

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

40. PAID BY

42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c . DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL

CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449

Prescribed by GSAFAR (48 CFR) 53.212

RENEWABLE ENERGY CERTIFICATES DESC: SP0600-10-R-0412

Continuation of SF1449, Block 8:

TECHNICAL DATA & FINAL PRICING PROPOSAL

Due by 12:00 p.m., local Fort Belvoir, VA time on February 22, 2010:

1. Standard Form 1449

2. Certifications and Representations,

3. Technical Proposal, and

4. Past Performance Proposal,

5. Socioeconomic Proposal

6. Attachment III, Final Pricing

7. Provide a list of any exceptions to the solicitation

NOTE: All exceptions to the solicitation must be received with the Technical Data & Final Pricing Proposal. The Government reserves the right NOT to accept exceptions received after the Technical Data & Final Pricing Proposal due date.

TO VIEW ANY FEDERAL ACQUISITION REGULATION (FAR), OFFERORS MAY USE THE FOLLOWING WEBSITE:

http://farsite.hill.af.mil/VFFARA.HTM

For all Small Business issues, please call Ms. Joan Turrisi at 703-767-9400 (Email: Joan.Turrisi@dla.mil) or Ms. Virginia Broadnax at 703-767-9400 (Email: virginia.broadnax@dla.mil) http://farsite.hill.af.mil/VFFARA.HTM� mailto:Joan.Turrisi@dla.mil� mailto:virginia.broadnax@dla.mil�

PART I

B1.08-1 SUPPLIES TO BE FURNISHED (ELECTRICITY) (RENEWABLE ENERGY CERTIFICATES) (DESC

AUG 2007)

(a) The quantities shown below are the Government’s requirements for the contract period. The Contractor shall furnish all Renewable Energy Certificates (RECs) as defined in the STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (RENEWABLE ENERGY CERTIFICATES) clause. Contract performance shall be accomplished in accordance with the terms and conditions of this contract.

(b) As used throughout this solicitation/contract, kWh means kilowatt-hour and REC means Renewable Energy Certificate, otherwise referred to as Renewable Energy Credits, Tradable Energy Certificates, or Green Tags.

(c) The Government is soliciting offers for RECs for Department of Energy (DoE) Argonne National Lab, Department of Energy (DoE) Fermi National Accelerator Lab (FERMI), Department of Energy (DoE) Jefferson Lab, Department of Energy (DoE) Pacific Northwest National Laboratory (PNNL), Department of Energy (DoE) Princeton Plasma Physics Laboratory (PPPL), NASA Stennis Space Center, NASA Wallops Island, United States Department of Agriculture (USDA) and NASA Kennedy Space Center.

AGENCY/FACILITY LINE ITEM

NUMBER

TYPE QUANTITY/ kWh

Department of Energy (DoE) Argonne National Lab

1705a Sources online after 1/1/1991** 6,547,000

1705b Sources online after 1/1/1999* 6,547,000 Department of Energy (DoE) Fermi National Accelerator Lab (FERMI)

1700d Sources online after 1/1/1999* 36,000,000

Department of Energy (DoE) Jefferson Lab

5192a Sources online after 1/1/1991** 6,000,000

5192b Sources online after 1/1/1999* 6,000,000 Department of Energy (DoE) Pacific

Northwest National Laboratory

(PNNL)

5260d LEED*** 12,500,000

Department of Energy (DoE) Princeton Plasma Physics

Laboratory (PPPL)

3690a Sources online after 1/1/1991** 684,000

3690b Sources online after 1/1/1999* 684,000 NASA Stennis Space Center 2801a Sources online after 1/1/1991** 2,300,000

2801b Sources online after 1/1/1999* 2,300,000 NASA Wallops Island 5155b Sources online after 1/1/1999* 1,500,000

United States Department of Agriculture (USDA)

2492a Sources online after 1/1/1991** 5,000,000

2492b Sources online after 1/1/1999* 5,000,000 NASA Kennedy Space Center 1296a Sources online after 1/1/1991** 6,500,000

1296b Sources online after 1/1/1999* 3,500,000

*NOTE 1: In accordance with Executive Order 13423, New Renewable RECs from wind, solar, geothermal and biomass renewable facilities that have commenced operation on or after January 1, 1999.

**NOTE 2: Defined as RECs from wind, solar, geothermal and biomass renewable source facilities that have commenced operation on or after January 1, 1991.

***NOTE 3: Must meet the US Green Building product certification requirements.

NOTE 4: Each type of Renewable Energy Certificate being offered for the above line items must be specified individually on the Attachment III.

(d) The Government is soliciting offers for the following delivery dates:

One Time Delivery Period:

Delivery Date 1 April 2010:

Line Item # Installation/Facility 1700d Department of Energy (DoE) Fermi National

Accelerator Lab (FERMI) 5192a

Department of Energy (DoE) Jefferson Lab 5192b 1296a NASA Kennedy Space Center 1296b

Delivery Date 15 April 2010:

Line Item # Installation/Facility 2801a

NASA Stennis Space Center 2801b 5155b NASA Wallops Island 3690a Department of Energy (DoE) Princeton Plasma

Physics Laboratory (PPPL) 3690b

Two Year Delivery Period:

Deliveries shall be scheduled on: 1 April 2010 and 1 April 2011:

Facility Line Item Number

Delivery Period

Department of Energy (DoE) Pacific Northwest National

Laboratory (PNNL) 5260d

Period 1: 2,500,000 kWh delivered NLT 1 April 2010 for BSF/CSF Building

3,750,000 kWh delivered NLT 1April 2010 for PSF LEED Project Period 2: 2,500,000 kWh delivered NLT 1 April 2011 for

BSF/CSF Building 3,750,000 kWh delivered NLT 1April 2011 for PSF LEED Project

(e) The Government is soliciting offers on a firm fixed price basis for RECs.

(DESC 52.207-9F74)

C802 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (RENEWABLE ENERGY

CERTIFICATES) (DESC AUG 2007)

(a) STATEMENT OF WORK. The Government is seeking the purchase of Renewable Energy Certificates (RECs) for the facility listed in the SUPPLIES TO BE FURNISHED (ELECTRICITY) (RENEWABLE ENERGY CERTIFICATES) clause. All offerors must provide RECs that meet the requirements as specified below:

DoE Argonne National Lab Line Item 1705b; DoE FERMI Line Item 1700d; DoE Jefferson Lab Line Item 5192b; DoE PPPL Line Item 3690b; NASA Stennis Space Center Line Item 2801b; NASA Wallops Island Line Item 5133b; USDA Line Item 2492b and NASA Kennedy Space Center Line Item 1296b:

The Government will accept RECs from wind, solar, geothermal and biomass renewable resource facilities. The renewable source facility must have commenced operation on or after January 1, 1999.

DoE Argonne National Lab Line Item 1705a; DoE Jefferson Lab Line Item 5192a; DoE PPPL Line Item 3690a; NASA Stennis Space Center Line Item 2801a; USDA Line Item 2492a and NASA Kennedy Space Center Line Item 1296a:

The Government will accept RECs from wind, solar, geothermal and biomass renewable resource facilities. The renewable source facility must have commenced operation on or after January 1, 1991.

DoE PNNL Line Item 5260d:

The RECs being procured are for LEED Certification for the DoE PNNL BSF/CSF Building and the PSF Building located in Richland, WA for a 2 year delivery period (see invoice schedule). All RECs must meet the criteria outlined by the US Green Building products certification requirements.

(b) RENEWABLE ENERGY CERTIFICATE VINTAGE. For the purpose of this solicitation/contract, qualifying RECs must be generated in accordance with the following table:

DELIVERY YEAR 2010:

FERMI Line Item 1700d; DoE Jefferson Lab Line Items 5192a and 5192b; PNNL Line Item 5260d and NASA Kennedy Space Center Line Items 1296a and 1296b:

Preceding 6 months Calendar Year Following 3 months 01 July 2009 – 31 December 2009 01 January 2010 – 31 December 2010 01 January 2011 – 31 March 2011

The delivery date is April 1, 2010. The contract year for the delivery date, specified in the Invoice Schedule is defined in the table above. All RECs to be supplied must be generated during the 6-month period immediately preceding the calendar year, the calendar year and/or the three month period immediately following the calendar year.

NASA Stennis Space Center Line Items 2801a and 2801b; NASA Wallops Island Line Item 5155b; DoE PPPL Line Items 3690a and 3690b:

01 July 2009 – 31 December 2009 01 January 2010 – 31 December 2010 01 January 2011 – 31 March 2011

The delivery date is April 15, 2010. The contract year for the delivery date, specified in the Invoice Schedule is defined in the table above. All RECs to be supplied must be generated during the 6-month period immediately preceding the calendar year, the calendar year and/or the three month period immediately following the calendar year.

DELIVERY YEAR 2011:

PNNL Line Item 5260d:

01 July 2011 – 31 December 2011 01 January 2012 – 31 December 2012 01 January 2013 – 31 March 2013

The delivery date is April 1, 2011. The contract year for the delivery date, specified in the Invoice Schedule is defined in the table above. All RECs to be supplied must be generated during the 6-month period immediately preceding the calendar year, the calendar year and/or the three month period immediately following the calendar year.

(c) VERIFICATION. An independent third party verification audit is required for this contract, whereas independent means the third party has no commercial interest in the sale of the RECs. All offerors must provide a verification plan that will be utilized under any resultant contract, which is subject to DESC’s approval. At a minimum, the verification shall include an annual audit report, performed by a Certified Public Accountant, within 30 calendar days after the end of the delivery period. In the event additional time is required in order to submit the annual audit report, please indicate the number of days required on Attachment I. Any exceptions to the 30 calendar day requirement will be subject to DESC’s approval. The audit report shall focus on the following areas of reporting as identified below:

(1) An affidavit attesting that the REC product content for the past calendar year was sufficiently generated in order to meet the quantity, renewable type, vintage and on-line date identified in the contract specifications.

(2) An affidavit that--

(i) The offeror has not sold and will not sell the renewable power twice (as either a renewable power product or as a REC product), and in the case of a reseller that purchases a wholesale product for retail sale, reasonable measure are taken to ensure that suppliers also do not sell renewable power more than once;

(ii) The seller has transferred to the Environmental Protection Agency (EPA) (or has permanently retired on behalf of the EPA) the right to all emission reduction credits/allowances directly attributable to the generating unit from which the RECs are based and to which the generator is entitled, without the emission credits/allowances having been sold off separately and/or used for compliance with any local, state, or Federal Government regulatory requirement. At a minimum, NOx, SOx, and greenhouse gas credits/allowances must be transferred or retired on behalf of the EPA.

(iii) The offeror has not sold and will not sell any emission allowances/credits, or other environmental attributes associated with renewable power/RECs; and

(iv) The renewable power/REC that is used to fulfill the requirement of this solicitation are also not being used and will not be used to meet any Federal, state, or local renewable energy requirement, renewable energy procurement, renewable portfolio standard, or other renewable energy mandate.

(v) The Contractor will forward the third party verification audit report to the purchaser and note any contract deficiencies.

The Contractor shall also provide the EPA with an Attestation Form, Attachment V (as required in Section 2b), with its invoicing, from the Renewable Generator and the REC Provider.

(d) INVOICE AND PAYMENT. All invoicing shall be based on the awarded amount for each line item awarded for the RECs delivered to the Government during the appropriate delivery period identified. Please refer to the Schedule as listed in Part I (1), Supplies To Be Furnished, paragraph (d). For intermittent resources, the Contractor shall only invoice for those RECs that have been generated and delivered to the Government. A true-up period will commence at the end of the performance period to ensure the total contracted quantity has been generated and transferred to the Government. The Contractor may only invoice for charges allowed under the terms and conditions of the contract.

Prior to payment of the invoice, Renewable Energy Certificate of Transfer (Attachment IV) and the Attestation Forms (Attachment V) completed by both the REC Provider and the Generator shall be submitted.

NOTE: All invoice packages shall utilize the resources listed in the Contractor approved Supply Plan (Attachment I). No deviations from the Supply Plan shall be permitted.

(1) For the purposes of this contract, the address designated to receive invoices, in accordance with paragraph

(g) of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, shall be--

PRIMARY: TO BE PROVIDED

AT TIME OF AWARD

WITH COPY TO: Defense Energy Support Center

ATTN: Cynthia Ralph, DESC-AEA Fort Belvoir, Virginia 22060

(2) For the purposes of this contract, the payment to which reference is made in paragraph (i) of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause refers to the payment made by the Government against the Contractor’s invoice.

(e) RECORD KEEPING. The Government reserves the right to validate source and transaction history, as indicated in (a) above, in order to verify the certification process utilized and to ensure proper reporting of the sale of renewable certificates under any resultant contract. The Contractor must meet all applicable Federal, State, and local documentation requirements necessary to successfully complete any contract. These records shall be made available to DESC or to any party designated by DESC as authorized to request this data.

(f) RENEWABLE ENERGY CERTIFICATE OWNERSHIP. Title of RECs and all environmental attributes, including any attendant emission credits, shall pass to the Government at the time of receipt of invoice.

(g) POINT OF DELIVERY. For this solicitation and any resulting contract, the delivery point for all documentation shall be--

PRIMARY: TO BE PROVIDED

AT TIME OF AWARD

WITH COPY TO: Defense Energy Support Center

ATTN: Cynthia Ralph, DESC-AEA Fort Belvoir, Virginia 22060

(DESC 52.246-9F24)

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (SEP 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

[ X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ X] (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer.) (15 U.S.C. 657a).

[ X ] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

[ X ] (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Oct 2001) of 52.219-9.

[ X ] (iii) Alternate II (Oct 2001) of 52.219-9.

[ X ] (13) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i)).

[ X ] (16) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ X ] (18) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

[ X ] (19) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

[ X ] (20) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Apr 2009) (E.O. 13126).

[ X ] (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[ X ] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[ X ] (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

[ X ] (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[ X ] (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

[X ] (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

[ X ] (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C 2501, et seq., 19 U.S.C. 3301 note).

[ X ] (34) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ X ] (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

[ X ] (39) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(d) COMPTROLLER GENERAL EXAMINATION OF RECORD. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, AUDIT AND RECORDS -- NEGOTIATION.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the DISPUTES clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(i), in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans, (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et. seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.225-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services – Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009)(Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) COMPTROLLER GENERAL EXAMINATION OF RECORD. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, AUDIT AND RECORDS -- NEGOTIATION.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the DISPUTES clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(i), in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.203-15, Whistlebloweer Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans, (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et. seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.225-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services – Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employmnet Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009)(Pub. L. 110-247).

Flow fown required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(FAR 52.212-5)

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

[ X ] 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

[ X ] (1) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Jan 2009) (Section 847 of Pub. L. 110-181).

[ X ] (2) 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

[ X ] (3) 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

[ X ] (4) 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

[ X ] (5) 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a- 10d, E.O. 10582).

[ X ] (8) 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

[ X ] (16) 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248) and similar sections in subsequent DoD appropriations acts).

[ X ] (18) 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

[ X ] (21) 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(c) In addition to the clauses listed in paragraph (e) of the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pubic Law 108-375).

(2) 252-247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009)(Section 884 of Public Law 110-417).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(DFARS 252.212-7001)

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (APR 2008/SEP 2007)

(a) DEFINITIONS. As used in this clause-- Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

Commercial and Government Entity (CAGE) code means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

Data Universal Numbering Systems (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System + 4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

(2) The Contractor’s CAGE code is in the CCR database; and

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) within the Internal Revenue Service, and has marked the records “Active.” The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or, if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

http://fedgov.dnb.com/webform�

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification and sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR records to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(FAR 52.204-7/DFARS 252.204-7004)

I209.15 EXTENSION PROVISIONS (ELECTRICITY/RECS) (DESC JUN 09)

(a) For line items priced as firm fixed price, the Government may request extension of performance, one or more times, at the existing fixed price and in accordance with the existing contract terms and provisions, so long as the total additional performance does not exceed six months. .

(b) If the Contractor declines to extend at the existing price, the Government and the Contractor shall negotiate a new firm fixed price for the extension. The extension of firm-fixed price line items must be accomplished by agreement of all parties (bilateral modification). Failure to agree will result in expiration of the contract at the end of the current performance period.

(DESC 52.217-9F50)

I227 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2010. 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, 2010, 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.

(FAR 52.232-19)

http://www.ccr.gov/�

PART II

(INSTRUCTIONS AND EVALUATION)

L2.08-6 INSTRUCTIONS (PARAGRAPHS) THAT HAVE BEEN TAILORED TO BE MORE CONSISTENT

WITH COMMERCIAL PRACTICE UNDER FAR Part 52.212-1. ALL OTHER INSTRUCTIONS INCLUDED IN FAR 52.212-1 ARE HEREBY INCORPROATED BY REFERENCE (SEE BLOCK 27A OF STANDARD FORM 1449) -

(ELECTRICITY) (RENEWABLE ENERGY CERTIFICATES)(DESC JUN 2009)

(a) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern that submits an offer in its own name, but which proposes to furnish renewable energy certificates (RECs) which it did not itself generate, is 500 employees.

(e) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for 30 days from the date specified for receipt of offers.

(g) CONTRACT AWARD. The Government intends to evaluate offers and award a contract without discussion with offers (except clarifications as described in Far 15.306(a)). Therefore, the offeror’s initial offer should contain the offeror’s initial offer should contain the offeror’s best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. If the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offers in the competitive range to the greatest number that will permit efficient competition among the most highly rated offers. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) MULTIPLE AWARDS. Offerors are encouraged, but not required, to offer the entire requested quantity of RECs. All bidders should be aware that DESC may make more than one award to multiple suppliers, in order to meet the total REC requirements of each of the individual line items. If an offeror chooses to submit more than one offer, it may do so by submitting a separate price submittal for each. Should an offeror state a minimum or maximum quantity limit, these qualifications should be stated in the offeror’s original offer submittal. In the event such qualifications are received, and DESC want to award below the minimum quantity, DEC will then re-rank that offeror using such revised price. If DESC cannot reach the contact person for that offer during the window in which prices are valid, then DESC may pass over that offeror for the next higher priced item.

(FAR 52.212-1, tailored/DESC 52.212-9F31)

L5.01-1 AGENCY PROTESTS (APR 2006)

Companies protesting this procurement may file a protest (1) with the Contracting Officer, (2) with the General Accountability Office, or (3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity's Chief of the Contracting Office. Protests filed with the Agency should clearly state that they are an “Agency Level Protest under Executive Order No. 12979.” (NOTE: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this process is not an appellate review of a Contracting Officer's decision on a protest previously filed with the Contracting Officer.) Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer.

(DLAD 52.233-9000)

L74 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(FAR 52.216-1)

L805 INSTRUCTIONS TO OFFERORS (DESC AUG 2007)

(a) OFFEROR’S PROPOSAL.

(1) Offeror’s are encouraged to offer the entire quantity of Renewable Energy Certificates (RECs) solicited per line item. An offeror may propose to supply a portion of the line item quantity if the full quantity cannot be provided. If an offeror chooses to submit more than one offer, it may do so by submitting a separate price submittal (Attachment III) for each.

(2) PART I – EXECUTED RFP. The original Part I shall contain original signatures. The executed RFP shall consist of the following:

(i) Standard Form 1449, Solicitation, Contract, Order for Commercial Items, with Blocks 17, and 30A through 30C completed. By completing Blocks 30A through 30C, the offeror agrees to the terms and conditions of the

RFP.

(ii) The Offeror Representations and Certifications.

(iii) The completed, signed Attachment III, Pricing.

(iv) FACSIMILE PROPOSALS. Offerors may submit a facsimile proposal as a response to this solicitation. Facsimile proposals are subject to the same rules as paper proposals. The telephone number for the receipt of facsimile proposals is 703-767-8757. Initial proposals, modifications and proposal revisions submitted via facsimile must contain a signature.

(v) E-MAIL PROPOSALS.

(A) Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.

(B) E-mail receiving data and compatibility characteristics are as follows:

(1) E-mail address(es): cynthia.ralph@dla.mil and leslie.simpson@dla.mil

(2) The Defense Energy Support Center accepts attachments in--

(i) Adobe Acrobat;

(ii) Microsoft Excel;

(iii) Microsoft Word; and

(iv) Microsoft PowerPoint.

(C) Initial proposals, modifications and proposal revisions submitted via e-mail must contain a signature.

(D) Attachments that are not in .PDF file format must be sent password protected for “read only” to ensure the integrity of the data submitted.

(E) Proposals submitted electronically through a single e-mail must be no more than 15 MB.

DESC’s mail server will reject messages larger than 15 MB.

(F) The DESC e-mail filter will scan the incoming e-mail and attachments for viruses and key words.

Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s adult content library and may result in the e-mail delivery being delayed. Offerors are encouraged to verify receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.

(G) If any portion of an e-mail proposal received by the Contracting Officer is unreadable, the Contracting Officer will immediately notify the offeror and permit the offeror to resubmit the proposal. The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror and the resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complied with the e-mail submissions instructions provided in this paragraph and with the time and format requirements for resubmission prescribed by the Contracting Officer.

(H) The Government reserves the right to make award solely on the e-mail proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete signed original proposal.

(3) PART II – TECHNICAL PROPOSAL SUBMISSION. To substantiate meeting general and special responsibility criteria and the evaluation criteria stated in the RFP, the offeror shall submit the following:

(i) A description of how the offeror intends to supply (supply plan) the RECs required by this solicitation.

The Supply Plan (Attachment I) must include the power source (type of REC), location of source facility, a listing of the renewable electrical generation capacity and the date the capacity came into service, which will satisfy the requirements of meeting “new” sources as outlined in Part I, (2)(a);

NOTE: After contract award, no deviations to the approved Supply Plan (Attachment I) shall be permitted.

(ii) A plan that will describe the verification method to be utilized. The plan submitted is subject to DESC’s approval. If an Independent Auditor is used, upon contract award the Government reserves the right to request the name of the auditor to be used if one is not previously identified; and

(iii) A signed commitment letter, on company letterhead, from the Renewable Generator or the authorized representative for the RECs, that states the Renewable Generator/authorized representative has committed to supply the RECs herein designated to the REC Provider. Failure to provide the commitment letter could preclude the offeror from further Government evaluation.

(4) PART III – PAST PERFORMANCE. Information collected in the Experience with Customers form (Attachment II) will be used to contact offeror’s customers and inquire about the offeror’s past performance regarding the sales, mailto:cynthia.ralph@dla.mil� mailto:leslie.simpson@dla.mil� deliverance and invoicing of RECs. Offerors are cautioned to submit accessible references. References that cannot be contacted and/or verified will not be considered. By submitting this form, the offeror agrees to permit the Government's representatives to contact the customers listed and inquire about the past performance of the offeror. The offeror will be given an opportunity to address unfavorable reports of past performance, and the offeror's response, or lack thereof, will be taken into consideration. The offeror’s recent contracts will be examined to ensure that corrective measures have been put in place to prevent the recurrence of past performance problems.