Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 4

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

June 3, 2010

4. REQUISITION/PURCHASE REQ. NO.

SP0600-10-0937

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

SP0600 7. ADMINISTERED BY (If other than Item 6) CODE

Defense Energy Support Center Electricity/Renewable & ESPC Branch, Installation Energy 8725 John J. Kingman Road, Suite 3827 Fort Belvoir, VA 22060-6222 Buyer/Symbol: Bryan Simmons & Jezabel Avilés/DESC-

AE

E-mail: bryan.simmons@dla.mil or jezabel.aviles@dla.mil Purchase Program: 8.1

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,St

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-10-R-0419

9b. DATED (SEE ITEM 11)

May 7, 2010 10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

BIDDER CODE: CAGE CODE:

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment;(b) By acknowledging receipt of this amendment on each copy of the offer submitted; or(c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ X ] is required to sign this document and return ___1____ copies to the issuing office.

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

See Continuation Page(s)

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

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

16A. NAME OF CONTRACTING OFFICER

CYNTHIA G. RALPH

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C.DATE SIGNED

mailto:bryan.simmons@dla.mil� mailto:jezabel.aviles@dla.mil�

Amendment 1

1. The changes set forth herein are incorporated into Solicitation SP0600-10-R-0419.

SF1449

2. Page 1,SF 1149 Block 21 has hereby been updated to 1,704,509,247 kWh

Continuation of SF1449

3. Page 2, Continuation of SF 1149, Block 8 TECHNICAL DATA (NEEDED BY ALL SUPPLIERS INTENDING TO OFFER ON ANY LINE

ITEM) has hereby been updated to include the following note.

NOTE 2: Prospective offerors are encouraged to review Federal Acquisition Regulation 15.208 regarding timely submission of offers. Specifically, please be aware that it is the offeror's responsibility to ensure that their offer is actually received at the designated Government office prior to the solicitation closing. Submission of offers by electronic commerce (e.g. e-mail or fax) is governed by 15.208(b)(1)(i). If an offeror electronically submits its offer on the day the solicitation closes, then timeliness will be determined based on whether or not the offer was ACTUALLY RECEIVED prior to closing. In that situation, the offeror will bear the risk of any delay in the transmission of their offer (e.g. offeror clicked "send" prior to the closing of the solicitation, but the e-mail did not arrive until after the time for closing), and offers not actually received prior to closing will be late. However, pursuant to FAR 15.208(b)(1)(i), if an offeror utilizes a means of electronic commerce to send their offer and transmits it not later than 5:00 p.m. ONE DAY PRIOR to the time for closing (and can prove that they have done so), then the offeror will be protected from such unexpected transmission delays and its offer will be considered timely. Therefore, to minimize the risk of a "late" offer, offerors submitting their offers via electronic commerce are strongly encouraged whenever possible to transmit their offers not later than 5:00 p.m. one day prior to the solicitation closing.

PART I

4. Page 3, Section 1 SUPPLIES TO BE FURNISHED (ELECTRICITY), paragraph (c) has hereby been updated to include the following location:

Line Item Number

Location/ Installation Name

Accounts Number

Name(s) Spreadsheet

4830 Marine Corps Recruiting Command Galveston 1 MCRC Galveston.xls

5. Page 4, Section 1 SUPPLIES TO BE FURNISHED (ELECTRICITY), paragraph (e), Note 2 has hereby been updated to include MCRC Galveston:

NOTE 2: The following installations will be solicited as Market Clearing Price for Energy (MCPE) Requirements: Navy Reserves, JRB Navy Reserves, NAS Corpus Christi, NAS Kingsville, Dyess AFB and MCRC Galveston. For ALL Navy accounts, Dyess AFB, and MCRC Galveston ONLY the Transaction Fee shall be a single price, which encompasses the entire installation for the entire delivery period.

6. Page 4, Special Notes, SUPPLIES TO BE FURNISHED (ELECTRICITY), Note 5a has herby been updated to include MCRC Galveston:

a. Offerors shall include GRT and the PUC fee in the offered unit price/transaction fee for all Navy, Air Force, MCRC Galveston, and Army Reserve accounts (both shall remain unchanged for the entire delivery period).

7. Page 5, Special Notes, SUPPLIES TO BE FURNISHED (ELECTRICITY), Note 11 has herby been updated to include MCRC Galveston:

FOR ALL NAVY ACCOUNTS, DYESS AFB AND MCRC GALVESTON ONLY. The Transaction Fee shall be a single price, which encompasses the entire installation for the entire delivery period.

8. Page 5, Section 2 MARKET CLEARING PRICE FOR ENERGY (ELECTRICITY) has hereby been updated to include MCRC Galveston:

MARKET CLEARING PRICE FOR ENERGY (ELECTRICITY)

This clause applies to Dyess AFB, ALL Navy, and MCRC Galveston ONLY.

(a) The total amount charged by the Contractor [for accounts listed in Attachment III for Navy Reserves, JRB Navy Reserves, NAS Corpus Christi, NAS Kingsville, MCRC Galveston, and Dyess AFB] each month shall equal the sum of the following components:

(1) ENERGY. For each 15-minute interval of the month, the Government shall pay the Contractor the product of the Market Clearing Price for Energy (MCPE) for the applicable Electric Reliability Council of Texas (ERCOT) Zone through which the account is served and the metered load of the account increased for line losses to the same ERCOT zone.

(2) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total energy consumption in that month. Payment of this fee shall compensate the Contractor for all retail service charges, fees, and applicable taxes associated with supplying energy to the point of delivery. The price of the fixed fee shall remain constant throughout the contract term.

(b) INDICES. In the event that the ERCOT MCPE or any other index upon which any price is determined is either no longer published or is substantially altered in derivation or application (including, but not limited to, the elimination of price caps), the parties shall agree upon a substitute index. If the parties fail to agree on an appropriate substitute index, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of the contract.

INT-B815 (DESC FEB 2009)

9. Page 6, Section 3 CONTRACT PRICE CONVERSION (ELECTRICITY) has hereby been updated to include MCRC Galveston:

CONTRACT PRICE CONVERSION (ELECTRICITY)

This clause applies to Dyess AFB, ALL Navy and MCRC Galveston ONLY.

(a) At any time during contract performance, the Government and the Contractor can mutually agree to convert any Market Clearing Price based contract line items quantity to a firm-fixed price for a specific delivery month(s) or for the remainder of the delivery period, based on the historical usage identified in the Installation Data Sheets. Either party can initiate such a proposal for a specific delivery month(s) or for the remaining contract period. The proposal to convert must identify the contract line item(s) for which conversion is proposed and specify a period for acceptance in LOCAL

TIME, FORT BELVOIR, VIRGINIA.

(b) Price negotiations may be held. If the Government accepts a proposal, the contract will be modified to reflect the revised price(s).

Acceptance by the Government of the Contractor’s price proposal within the time limit allotted by the Contractor for acceptance of the price proposal shall be binding.

(c) The quantities agreed upon at the time of acceptance of the Contractor’s proposal shall be used to establish the monthly estimated quantity for purposes of the ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD BANDWIDTH clause, should actual quantities deviate from estimates. Electricity provided by the Contractor in excess of the established bandwidth shall be priced in accordance with the ELECTRICITY ORDERING PROCEDURES clause.

INT-B806 (DESC FEB 2009)

10. Page 9, Section 6 TAILORED PARAGRAPHS OF FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS. ALL OTHER INSTRUCTIONS INCLUDED IN FAR 52.212-4 ARE HEREBY IN CORPORATE BY REFERENCE (SEE BLOCK 27A OF STANDARD FORM 1449), paragraph 1 (2) (v) has hereby been deleted.

11. Page 11, Section 8 EXTENSION PROVISIONS (ELECTRICITY/RECS) has hereby been deleted.

12. Page 13, Section 11 ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD BANDWIDTH (ADDER TO THE

AVERAGE MARKET PRICE) paragraph (c) has hereby been updated:

(c) If, in any month, Excess Energy is consumed, an Excess Energy Adjustment shall be made. Excess Energy is the amount of electricity consumed above the upper limit of the contract bandwidth for an installation for a month. Excess Energy Adjustment means the charge calculated each monthly billing period for the Excess Energy. The Excess Energy Adjustment equals the Excess Energy times the Average Market Price in dollars per kWh for the month minus the average monthly contract price in dollars per kWh plus an adder(s) of 2.5 mills per kWh. The average monthly contract price for the month shall be determined as follows: the contract prices will be averaged over the on-peak and off-peak hours of the month weighted by the on-peak and off-peak hours in the month to calculate an average monthly contract price. The Average Market Price for a month is the sum of the Daily Market Prices for that month divided by the number of days during the month. A Daily Market Price shall be determined as follows: (1) the 15 minute MCPE values as posted on ERCOT’s website (for the applicable zone where the impacted installation is physically located) will be averaged over the on-peak and off-peak hours of the day to calculate an average on-peak and off-peak value for that day ; (2) the average on-peak and off-peak average values as calculated in (1) will be weighted by the number of on-peak and off-peak hours in the day (as defined by ERCOT) to calculate the Daily Market Price.

Expressed as a formula, the Excess Energy Adjustment is--

EEA = (EE x (AMP – CP + $0.0025)) where--

EEA is the Excess Energy Adjustment, in dollars EE is the Excess Energy, in kWh CP is the contract price, in dollars per kWh AMP is the Average Market Price, in dollars per kWh $0.0025 is the adder, in dollars per kWh

Part II

13. Page 17, Section 3 PRICE EVALUATION (ELECTRICITY), Note 2 has hereby been updated to included MCRC Galveston:

NOTE 2: Applicable to all Navy, Dyess AFB and MCRC Galveston accounts ONLY. Price evaluations will be conducted by comparing each offeror’s Transaction Fee. The Supply Service Fee, in conjunction with the non-price related factors identified in the EVALUATION – COMMERCIAL ITEMS clause, will be the basis for the Government’s best overall value award decision.

ATTACHMENT III_MCPE

14. The following installation has hereby been added to Attachment III_MCPE:

• MCRC Galveston

INSTALLATION DATA SHEETS

15. The following installation data sheet has hereby been created.

• MCRC Galveston.xls