Amendment 0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 6

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

10/13/2010

4. REQUISITION/PURCHASE REQ.

NO.

N/A

5. PROJECT NO. (If applicable)

6. ISSUED BY

CODE

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

CODE

Defense Logistics Agency - Energy Electricity/Renewable & ESPC Branch, Installation Energy 8725 John J. Kingman Road, Suite 3827 Fort Belvoir, VA 22060-6222 Buyer/Symbol: James R. Knudson/Graham Fisher/DLA Energy E-mail: james.knudson@dla.mil / graham.fisher@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-0430

9b. DATED (SEE ITEM 11)

July 30, 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 PAGE 2)

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

Andrea L. Kincaid

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:james.knudson@dla.mil� mailto:graham.fisher@dla.mil�

1. The changes set forth herein are incorporated into Solicitation SP0600-10-R-0430.

2. The only installation currently enrolled in a Demand Response program at this time is:

Utility

Customer State Account # Enrollment

Stewart Air National Guard NY 8121-6050-00 500 kW

Part I

3. Page 7, Section 4 Clause CONTRACT TERMS AND CONDITIONS, Paragraph (l)(2)(i)(B) has hereby been amended to read as follows:

(B) The forward market bid price shall be defined as the average of on and off peak prices at the NYISO for a term equal to the remaining term of the contract. The forward market price will be determined by the Contractor in a commercially reasonable manner, which may include polling energy brokers on the date of termination. The Government shall have the right to reasonably audit forward market price data obtained by the Contractor.

4. Page 8, Section 4 Clause CONTRACT TERMS AND CONDITIONS has hereby been amended to properly identify the clause as INT I 1.03-11 Tailored FAR 52.212-4 (MAR 2009).

5. Page 9, Section 9 Clause ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD BANDWIDTH (ADDER TO THE AVERAGE MARKET PRICE), Paragraph (b) has hereby been amended to eliminate all references to ISO-NE.

Part II

6. Page 12, Section 1 Clause INSTRUCTIONS TO OFFERORS (ELECTRICITY). The following sections have hereby been amended to read as follows:

Section 1(b)(2)(vi)(E):

(E) Proposals submitted electronically through a single e-mail must be no more than 10 MB. DLA ENERGY’s mail server will reject messages larger than 10 MB.

Section 1(b) (3) (ii):

(ii) A brief description of the sources of working capital for the offeror’s power marketing activities, in addition;

- Offeror or its Parent Company, with an Investment Grade credit rating from at least two of the three rating agencies (S&P, Moody’s and Fitch) as stated on Attachment I, shall provide documentation of the ratings.

NOTE: Investment Grade is defined as at or above BBB-(S&P/Fitch) or Baa3 (Moody’s). If the Offeror, its Parent Company is rated by more than two rating agencies and the ratings are split, the lowest two ratings will be used.

-Offeror or whose Parent Company, is not rated by at least two of the three credit rating agencies (S&P, Moody’s or Fitch) as having an Investment-Grade credit rating, shall provide a standby irrevocable letter of credit, prior to award, from a federally-insured financial institution for a sum not less than 1 million dollars available to the offeror for the entire term of the contract performance period, for all awards greater than ten million dollars.

7. Page 14, Section 2 Clause EVALUATION – COMMERCIAL ITEMS, Paragraph (a) has hereby been amended to read as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other non-price factors considered.

The following factors shall be used to evaluate offers:

(i) Past Performance

a) Business Relations

b) Quality of Product and Supply

(ii) Technical Capability

a) The number of retail customers (1MW or greater) the offeror has supplied over the past 12 months

b) Credit Rating – Investment Grade, Non-Investment Grade, or Neither

(iii) Price

(iv) Socioeconomic Proposal

Past Performance is the most important non-price evaluation factor and the Socioeconomic Proposal is the least important non-price evaluation factor. Technical Capability is not as important as Past Performance, but is significantly more important than the Socioeconomic Proposal. When combined all three of these evaluation factors are equally important as Price.

8. Page 15, Section 6 Clause CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUITIVE ORDERS – COMMERCIAL ITEMS has hereby been deleted and replaced with:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are 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)).

____ Alternate I (AUG 2007) of 52.222-50 (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 check as appropriate.] _X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

_X_(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X_(7) 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_(11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

_X_(12) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637 (d)(4).)

_X_(iii) Alternate II (Oct 2001) of 52.219-9.

1996) (15 U.S.C. 637(a)(14)).

_X_(14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

_X_(19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_(20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_(21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O.

13126).

_X_(22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_(23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_(24) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X_(25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

_X_(26) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X_(31) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O.

13513).

_X_(35) 52.225-13, Restrictions 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_(40) 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)(1) 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 (Apr 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) [Reserved]

(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) 52.222-51, 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.

FAR 52.212-1 (Oct 2010)

9. Page 17, Section 7 Clause CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR REXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS has hereby been deleted and replaced with:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS

(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.

(1) _X_ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) _X_ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

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

(8) _X_ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).

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

(19) _X_ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(21) _X_252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

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

(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 Public Law 108-375).

(2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (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 (SEP 2010)

Installation Data Sheet

10. The Installation Data Sheet for DHS – Border Patrol has hereby been amended to state the correct POD ID number for Line Item 3680s, NYSEG account 10011706305.