SP0600-10-R-0809_re-open.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350) RATING PAGE OF PAGES

1 | 99

2. CONTRACT NO.

3. SOLICITATION NO.

SP0600-10-R-0809

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[X] NEGOTIATED (RFP)

5. DATE ISSUED

03 Mar 10

6. REQUISITION/PURCHASE NO.

SPE600-YR-XXXX

7. ISSUED BY CODE SP0600 8. ADDRESS OFFER TO (If other than item 7) DEFENSE LOGISTICS AGENCY (Lorton)

8725 JOHN J. KINGMAN ROAD, STP 10400

FT. BELVOIR, VA 22060-6221

OFFICER/SYMBOL: Dale Stephens/DLA Energy-FEEC Phone: (703) 617-1506 Email: Dale.Stephens@dla.mil P.P. 8.2

DEFENSE LOGISTICS AGENCY (Lorton)

8725 JOHN J. KINGMAN ROAD, STP 10400

FT. BELVOIR, VA 22060-6221

BUYER(S)/SYMBOL: Lisa Kurtz/Kenya JonesPhone: (703) 617- 1514 / 703) 617-1516 Email: Lisa.Kurtz@dla.mil / Kenya.Jones@dla.mil

NOTE: In sealed bid solicitation "offer" and "offeror mean "bid" and "Bidder".

SOLICITATION

9. Sealed offers in five (5) CD/DVD copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in Item 8 until 3:00 PM Fort Belvoir, VA local time MM/DD/YYYY.

(hour) (date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME: Lisa Kurtz or Kenya Jones

B. TELEPHONE NO. (Include Area Code) (NO COLLECT CALLS)

(703) 617-1514 or (703)617-1516

11. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGES (x) SEC. DESCRIPTION PAGES

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 46

X B SUPPLIES OR SERVICE AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

X C DESCRIPTION/SPECS/WORK STATEMENT 10 X J LIST OF ATTACHMENTS 62

X D PACKAGING AND MARKETING 32 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 33 X K REPRESENTATIONS, CERTIFICATIONS, AND 63

X F DELIVERIES OR PERFORMANCE 34 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION 36 X L INSTRS., COND., AND NOTICES TO OFFERORS 72

X H SPECIAL CONTRACT REQUIREMENTS 40 X M EVALUATION FACTORS FOR AWARD 97

OFFER (Must be fully completed by offeror) NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 300 calendar days (60 calendar days unless a different period is inserted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See section I, Clause No 52.232-8)

10 CALENDAR

DAYS

20 CALENDAR

DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the solicitation for offerors and related documents numbered and dated.

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED

AND

ADDRESS

OF

OFFEROR

CAGE CODE-

TO SIGN OFFER (Type or print)

FAX #

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

[ ] IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM

NUMBERED

20. AMOUNT (EST)

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( ) 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7) CODE

25. PAYMENT WILL BE MADE BY CODE

mailto:Dale.Stephens@dla.mil mailto:Lisa.Kurtz@dla.mil mailto:Kenya.Jones@dla.mil

VANDENBERG, AFB UTILITIES PRIVATIZATION

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

Previous Edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214 (c)

SECTION B

Supplies or Services and Prices/Costs B.1 Systems to be Privatized The utility system(s) shown below represent the utility systems included in this solicitation for privatization:

Installation, State Utility System

Vandenberg, CA Water

Vandenberg, CA Wastewater

B.2 Schedules B.2.1 Schedule B-1 Regulated Tariff a Available only to entities that:

a) Are approved, as of the date set for submission of initial proposals, to provide utility services by the applicable state regulatory authority body(s); and

b) Are proposing to provide utility services under an existing tariff or a similarly-structured tariff.

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

a Utility system to be filled in by the Offeror. A Schedule B-1 must be completed for each utility system offered, except as specifically stated in Section L. Utility systems are shown in paragraph B.1, Systems to be Privatized.

Offerors shall provide a comprehensive description of proposed tariffs in their Price Proposals.

b CLIN 0002 is required only if the tariff provides for separate identification of initial system deficiency corrections and connection charges. If separate identification is not provided, it will be assumed the tariff rate includes these costs.

B.2.2 Schedule B-2 Fixed Price Economic Price Adjustment a Available to offerors proposing a Fixed Price Economic Price Adjustment (FPEPA)

Utility System: ________________

CLIN Supplies/Services Qty Unit Unit Price Total 0001 Utility Services Charge Months $ $

FP

The unit price is the Applicable Tariff(s) less the monthly credit as payment for the purchase price plus the recoverable portion of the purchase price.

Applicable Tariff $

Monthly Credit for PP $ # of Months Interest Rate %

Recoverable Portion of PP $ # of Months Interest Rate %

Unit Price $

Initial System Deficiency Corrections/ Upgrades/Connection Charges b

FFP

Transition Period

FP

0002 $ $

0003 Each $ $ a Utility system to be filled in by the Offeror. A Schedule B-2 must be completed for each utility system offered, except as specifically stated in Section L. Utility systems are shown in paragraph B.1, Systems to be Privatized.

b The offeror should enter the Utility Services Charge, as computed in Price Data Sheet 1.

Utility System: ________________

CLIN Supplies/Services Qty Unit Unit Price Total 0001 Utility Services Charge Months $ $

FPEPA

The unit price is the Utility Services Charge less the monthly credit as payment for the purchase price (PP) plus the recoverable portion of the purchase price.

Utility Services Charge $

Monthly Credit for PP $ # of Months Interest Rate %

Recoverable Portion of PP $ # of Months Interest Rate %

Unit Price $

Initial System Deficiency Corrections/ Upgrades/Conn

FFP

Transition Period

FFP

0002 $ $

0003 Each $ $

B.3 Price Data Sheets Offerors must complete the applicable Price Data Sheets that are consistent with their proposed pricing methodology:

B.3.1 Price Data Sheet 1 – Utility Services Charge

B.3.2 Price Data Sheet 2 – Renewals and Replacements – 50-YEAR Plan For each inventory component/item listed in the utility specific attachment, clearly show the dollar value of the planned R&R (if any) for each year 1-50. This Plan represents the offeror’s conceptual methodology that will be used for evaluation purposes.

Component Monthly Charge

1. Operations and Maintenance (O&M)

2. Renewals and Replacements (R&R)

Total Utility Services Charge (to be entered into CLIN 0001 for Schedule B-1 (if applicable) and Schedule B-2)

A B C D E F G H I J K L M N O P Q R

Year 1 (Const $)

Year XX (Const $)

Year 50 (Const $)

Cumulative Total

Total

Residual Value in Year 50 (Const $)

New Item Service Life

New Item RCNItem Size Quantity Unit

Approx Year Installed

Existing Unit RCN

Planned Renewals & Replacements Existing Item Service

Life

First Expected Replacement

Date New Item New Unit Cost RCN

Next Replace Dates

B.3.3 Price Data Sheet 3 – Initial System Deficiency Correction(s) / Upgrade(s) / Connection Charge(s) / Transition Period

B.3.4 Price Data Sheet 4 – Recoverable Portion of Purchase Price

Project Name

Interest Rate

Project Cost (Current $)

Project Start Month

First Full Month

Project will Be In Service

Amortization Period

(Months)

Monthly Charge

Item Interest

Rate Amount Amortization

Period (Months)

Monthly Charge

Recoverable Portion of Purchase Price

B.3.5 Price Data Sheet 5 – Proposal 50-Year Charges to the Government, Applicable Tariff Notes: 1. Offerors shall provide for Applicable Tariff 2. Contract year - Fill in for each year (1-50)

PRICE DATA SHEET 5 – REGULATED TARIFF

Payment by the Government for Utility Services a b c d e f g h i j k l m n

Contract Year

Applicable Tariff less

FIT

FIT for Applicable

Tariff

Credit for Purchase

Price

Recoverable Portion of Purchase

Price

Subtotal

CLIN 0001

(b+c+d+e)

ISDC

Projects less FIT

FIT for

ISDC

Projects

Subtotal

CLIN 0002

(g+h)

Transition Charges less FIT

FIT for Transition Charges

Subtotal

CLIN 0003

(j+k)

Total Contract

Costs (f+i+l)

Assumed Inflation Rate (%)

Nominal Nominal Nominal Nominal Nominal Nominal Nominal Nominal

1 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 7 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

10 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 11 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 12 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 13 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 14 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 15 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 16 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 17 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 19 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 21 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 22 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 23 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 24 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 25 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 26 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 27 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 28 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 29 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 30 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 31 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 32 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 33 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 34 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 35 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 36 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 37 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 38 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 39 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 40 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 41 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 42 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 43 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 44 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 45 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 46 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 47 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 48 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 49 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 50 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

Totals -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

Contract Items

CLIN 0001 - Utility Service Charge CLIN 0002 - Initial System Deficiency Corrections /

Connection Charges

CLIN 0003 - Transition Period Charges

B.3.6 Price Data Sheet 6 – Proposal 50 Year Charges to the Government, Constant 20XX$ Notes:

1. Offerors shall provide for Schedule B-2

2. Contract year--Fill in for each year (1-50)

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r)

Contract Year

Operations & Maintenance less FIT FIT for O&M Other Costs & Credits, Net

FIT for Other Costs &

Credits, Net

Non Federal Income Taxes

& Fees

Purchase Price

Recovery Purchase

Price Credit

Renewals & Replacements less FIT FIT for R&R Subtotal

CLIN 0001

ISDC Projects Amortization less FIT FIT for ISDC

Projects Subtotal

CLIN 0002

Transition Charges less

FIT

FIT for Transition Charges

Subtotal

CLIN 0003

Total Contract

Costs Real Real Real Real Real Nominal Nominal Real Real -- Nominal Nominal Nominal Nominal Nominal Nominal --

1 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 7 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 11 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 12 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 13 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 14 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 15 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 16 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 17 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 19 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 21 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 22 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 23 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 24 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 25 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 26 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 27 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 28 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 29 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 30 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 31 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 32 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 33 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 34 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 35 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 36 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 37 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 38 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 39 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 40 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 41 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 42 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 43 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 44 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 45 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 46 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 47 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 48 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 49 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 50 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

Totals -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

Contract Items

CLIN 0001 - Utility Service Charge CLIN 0002 - Initial System Deficiency Corrections / Connection Charges CLIN 0003 - Transition Period Charges

SECTION C

Description/Specifications/Work Statement C.1 Precedence In accordance with Federal Acquisition Regulation (FAR) 52.215-8, any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) The Schedule (excluding the specifications); (b) Representations and other instructions; (c) Contract clauses appearing in the solicitation or contract; (d) Contract clauses incorporated by reference;

(e) Other documents, exhibits, and attachments; and (f) the specifications. Additionally, the terms and conditions of Sections A through K, including the Section J attachments, shall take precedence over any inconsistent provisions contained within portions of the Contractor’s proposal incorporated in or made exhibits to the Contract. Exceptions not specifically identified by the Contractor in its proposal in accordance with the requirements of Section L of the solicitation and expressly accepted by the Contracting Officer in writing shall not be deemed to be part of the Contract and shall not be binding on the Government.

C.2 Authority, Scope, and Program Goal

C.2.1 General The Government seeks to convey the utility system(s) identified in this solicitation, provided a favorable business case exists to do so. Subsequent to the Military Service’s decision to convey the utility system(s), the Government will enter into a contract to acquire the corresponding utility service(s) from the Contractor as the new owner of the system(s). The Government is requesting proposals for the purchase of the utility system(s) listed in Section B.1 and the provision of the identified utility service(s) across the system(s). The Government will consider the purchase of commodities with the utility services offer(s) on a case-by-case basis.

C.2.2 Authority Utilities privatization consists of two transactions: 1) the conveyance of the utility infrastructure via a Bill of Sale; and 2) the acquisition of utility services on the privatized system(s) via a utility services contract.

The conveyance of the utility system(s) is a property disposal action made in accordance with 10 U.S.C. § 2688, and is not covered under the FAR or this solicitation. The acquisition of utility services is a FAR Part 41 acquisition and will be governed by the FAR and its applicable supplements. Accordingly, proposals will be evaluated for selection of a prospective awardee under the provisions of the FAR and this solicitation. Once a prospective awardee is identified, that entity’s proposed price will be utilized by the Military Service to conduct a conveyance decision business case analysis in accordance with executive policy, including Office of Management and Budget (OMB), Department of Defense (DoD), and Military Service policies applicable to conveyances under 10 U.S.C. § 2688.

C.2.3 Scope The Government seeks a Contractor to assume ownership of the utility system(s) and infrastructure specified in Section B.1, Systems to be Privatized, (the “system(s)” or “utility system(s)”), and as the new owner, to operate and maintain the systems and provide utility services to the Government. Assumption of ownership and provision of utility services shall be performed in accordance with all terms, conditions, and special contract requirements, specifications, attachments, exhibits, and drawings contained in this solicitation or incorporated by reference.

Offerors are not required to offer on all of the utility systems specified in the Schedule unless otherwise specified in the Section J Attachments. Offers may be submitted on individual system(s) or on groups of systems on an all-or-none basis. The Government reserves the right to consider any efficiencies gained and/or cost savings that may be achieved by awarding multiple systems to a single offeror. If an offeror submits a grouped proposal but also wants to be considered for award on any system on an individual basis, the offeror shall submit an alternate proposal(s), as necessary.

C.2.4 Program Goal The desired goal of the conveyance is to transfer all rights, title, and interest of the Government in and to the utility system(s) listed in the Schedule. Consequently, the Government will retain no reversionary interests in the utility system(s) sold, other than the terms regarding the repurchase option and rights of access. The transfer of title will be accomplished after contract award and full transfer is the intended and preferred consequence. The utility system(s) being sold includes equipment, fixtures, structures, and other improvements utilized in connection with the utility system(s), which will be more specifically described in the Bill of Sale. The divestiture will not include the real property upon, under, or around the utility system(s). The sale will be documented by a Bill of Sale, see sample at Reference JR1 to this RFP.

In addition to the sale of the utility system identified in the Bill of Sale, the Government will also acquire utility services from the transferee.

C.2.5 Utility Systems Attachments are included in Section J for the utility system(s) listed in Section B.1 and are herein referred to as “utility-specific attachments.” Each utility-specific attachment provides details specific to each Installation utility system and requirement. Upon contract award(s), the appropriate attachments will be included in the contract and the others will be removed.

C.2.5.1 The property being sold in this action will be as described in the utility-specific attachments of the solicitation. The system will be sold in an “as is, where is” condition without any warranties, representations, or obligation on the part of the Government to make any alterations, repairs, or improvements. Any proposal that offers an alternative description of the property being sold may be deemed technically unacceptable.

C.3 Requirement

C.3.1 Utility Services Requirement Subject to the terms and conditions in this RFP, the Contractor (a.k.a. “System Owner”) shall furnish all necessary labor, management, supervision, permits, licenses, certifications, equipment, supplies, materials, transportation, and any other incidental items or services required for the complete ownership of and provision of utility services via these utility systems, including operation, maintenance, repair, upgrade, and improvement of the systems.

The Contractor shall provide reliable and dependable utility services to each Government or tenant connection within the service area (see Section C, Service Area) 24 hours each and every day. The Contractor shall be responsible for providing capital investments and all other resources required to own, maintain, and operate its utility system(s) in a safe and reliable condition, and to meet all the requirements listed herein.

Access to the utility system(s) will be as specified in Section C, Access to the Utility System.

C.3.2 Performance Standards The Contractor shall ensure adequate and dependable utility service(s) to all facilities and equipment served. Unless otherwise provided for in this contract, the Contractor shall provide utility service(s) in accordance with industry-standard construction, operations, maintenance, management, environmental, safety, and other relevant standards, that apply to similarly situated utility services providers serving customers whose service characteristics are comparable to the service characteristics of the Installation. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

Services provided shall comply with all applicable Federal, state, and local laws/regulations and any Installation specific requirements set forth in the utility-specific attachments, as they may be amended from time to time, including those requirements relating to health, safety, and the environment. The Contractor shall modify its service practice as necessary to accomplish such compliance.

If a change in the service requirement necessitated by compliance with later imposed/modified laws and regulations or Installation requirements constitutes reasonable cause for an adjustment to the service charge, the charge will be adjusted in accordance with either FAR 52.243-1, Changes -Fixed-Price-Alt 1 or FAR 52.241-7 Changes in Rates or Terms and Conditions of Service for Regulated Services as applicable (hereinafter the “Changes clause”).

C.3.3 Sub-Metering The Contractor shall be responsible for reading, maintaining, and calibrating all sub-meters on the privatized utility system(s), as identified in the utility-specific attachments. The Government will use sub-meters for internal installation billing purposes, commodity management, and energy conservation purposes. Meter reading reports shall be submitted to the recipient identified in the utility-specific attachments.

All costs for providing, installing, reading, reporting, and maintaining the existing and additional meters shall be the responsibility of the Contractor.

C.3.3.1 Future Sub-Meters The Contractor shall provide, install, read, maintain, and calibrate sub-meters requested by the Government for any purpose throughout the contract period. Government-approved installation of and responsibility for future sub-meters (not on the system at the time of sale or identified for installation as part of the contract) may constitute reasonable cause for an initial installation charge and a utility service charge adjustment in accordance with Section G.

C.3.4 Energy and/or Water Efficiencies and Conservation, Renewable Energy Generation, and Energy Security The Contractor shall strive to provide energy and/or water efficient systems. In addition, the Contractor will facilitate interconnection of new or existing renewable energy generation assets that are located on the installation, whether the Government or a third party is the owner/operator of any such generation assets. The Government has an established program for conducting and implementing energy and/or water savings, conservation projects, and renewable energy generation projects to reduce utility usage, costs, and to obtain other benefits including mandated levels of renewable energy usage and reduction of emissions. Some of these have resulted in the Government entering into long-term financing arrangements with non-Government entities. The utility-specific attachments identify any such energy and/or water savings projects that are currently in place for the specific utility system.

Additionally, the Government may enter into energy-security projects, including, but not limited to, the use of microgrids, system-redundancy projects for critical infrastructure, and auxiliary or emergency generation. The Contractor shall facilitate development and implementation of these projects, as requested by the Government.

The Contractor agrees to take no action that will negatively impact these utility conservation or security projects without prior approval of the Contracting Officer. The Government reserves the ability to enter into any future energy and/or water savings or security projects. Projects implemented by the Government that will require changes in the privatized system shall be coordinated between the parties prior to implementation.

If, after award, additional efficiency System Deficiency Corrections (SDCs)/Upgrades projects are identified by the Contractor, they shall be proposed to the Government in accordance with Section C, SDCs/Upgrades/Connections and Renewals and Replacements. The Government may consider cost-savings sharing and incentives either through utility services charge adjustments or lump-sum payments.

C.3.5 Commodity Supply Electric, natural gas, and water commodity supply is not included in this contract, even if any production facilities are included as part of the system to be conveyed. The Government retains the right to procure or supply any commodity that will be transported on the system(s) covered by this contract from any source, including the Contractor if the Contractor proposes to supply the commodity via an alternate proposal. In accordance with FAR 41.102, natural or manufactured gas cannot be procured under this solicitation.

Offerors may submit an alternate proposal that includes the supply of commodities (See Section L, Alternate Proposals and Exceptions to Terms and Conditions). Such offers will be considered on a case-by-case basis. The Government will remain the customer of record and retain ownership of all commodities transported and distributed through the Contractor-owned systems unless otherwise provided in the contract.

C.3.6 Wastewater Effluent Disposal If, as a result of this transaction, the Contractor will be responsible for providing wastewater treatment services, whether by virtue of having taken conveyance of the Government’s wastewater treatment plant or pursuant to an obligation to subcontract for such services on behalf of the Government, then the Contractor shall own all wastewater upon its entry into the Contractor's system at the point of demarcation as identified in the utility-specific attachment through discharge from the point of permitted discharge.

If, as a result of this transaction, the Contractor will merely own and operate a wastewater collection system and the Government will continue to use its current source of wastewater treatment (whether on or off the installation), then the Government shall own the wastewater.

Regardless of the nature or scope of the conveyance or the resulting wastewater ownership arrangement, the Government shall retain the right to use any reclaimed water (i.e., treated wastewater) for any purpose at no additional cost to the Government. However, in all events where the Contractor is responsible for providing wastewater treatment services, the Contractor shall be responsible for treating the wastewater to land discharge standards.

C.4 Service Area The service area is defined as all areas within the Government installation boundaries and any other facilities and property boundaries under the control of the Installation. Within the service area and upon the Government’s request, the Contractor shall provide utility services to all existing and new customers.

At any time, by written order, the Contracting Officer may designate any location within the service area where utility services under this contract shall commence or be discontinued. Any service charge adjustment as a result of these actions will be in accordance with Section G.

C.4.1 Use of Distribution Systems to Serve Areas Outside the Installation Service Area The Contractor may use the utility infrastructure on the Installation to serve or benefit areas or customers outside the service area(s) only with concurrence of the Government. Compensation to the Government will be negotiated. In no way shall service to off-installation customers degrade or hinder reliable service, or create unhealthy, unsafe, or unacceptable conditions or outages to the Government’s facilities.

C.4.2 Joint Use

C.4.2.1 Government Use The Government may have property and equipment installed on or attached to poles, conduits, pipes, duct banks, towers, buildings, and other portions of the utility systems to be transferred. The Government reserves the right to continue to use the property to be transferred for this purpose, to enter on the transferred property to maintain, repair, operate, upgrade, and replace its property and equipment, and to install new Government equipment. Any upgrade or replacement of such installed or attached property shall be made only after coordinating with the Contractor. Any upgrade or replacement of such installed or attached property shall comply with all applicable safety regulations.

Attachment fees shall not apply. However, costs of any make-ready work related to safety requirements may be recovered under the contract. All new attachments will be coordinated with the Contractor prior to the attachment.

C.4.2.2 Commercial Use

C.4.2.2.1 The Contractor shall enter into joint use agreements with the Installation's telephone company, cable television company, and other service providers in accordance with applicable law and regulation.

C.4.2.2.2 Certain system components may have third-party equipment attached pursuant to a lease or other contractual arrangement between the third party and the Installation. The Contractor will take ownership of these components subject to such lease(s), with any revenue continuing to accrue to the Installation until the lease(s) expire or are otherwise terminated at the discretion of the Installation. Any new lease(s), lease extensions, or other arrangements between the Contractor and any third party to permit attachment of third party equipment to system components must be approved by the Installation and may be subject to revenue sharing, all of which must be negotiated with the Installation under separate agreement. The Installation considers cellular telephone antennae to be mission-essential equipment and requests for permission by a third party to attach such equipment to the Contractor-owned components shall not be unreasonably withheld or subjected to unreasonable fees.

C.5 Utility System Ownership, Personnel, and Security

C.5.1 Utility System Ownership

C.5.1.1 Transfer of Title A general description of the utility system(s) assets to be transferred is included in the utility-specific attachments. Prior to the transfer of title, such facilities shall continue to be owned by the Government.

Transfer of title shall be accomplished by Bill of Sale, with access provided via the Right of Access granted in the Contract. The Bill of Sale shall provide the complete list of all assets to be sold.

The Contractor shall neither transfer nor assign its interests in the utility system(s) assets transferred by Bill of Sale without the prior written consent of the Government. No transfer or assignment of the Contractor’s interests in the utility system(s) assets transferred by Bill of Sale shall occur except in connection with the Government’s recognition of a successor in interest to this contract under FAR 42.1204.

An example of the Bill of Sale is provided in Section J, Attachment JR1. The parties shall prepare and execute such additional documents as may be necessary to implement the ownership transfer.

C.5.1.2 Tools, Vehicles, and Equipment Unless listed in the final Bill of Sale, Government-owned tools, vehicles, and equipment used for system operations and maintenance that are not a physical part of the utility system will remain the property of the Government.

C.5.1.2.1 Contractor Vehicles All Contractor vehicles shall be readily identifiable. Identification shall include displaying Contractor name in a clear and unobstructed location on the vehicle.

C.5.1.2.2 Contractor Communications Devices Prior to operating communications devices on the Installation, the Contractor shall obtain approval of the Installation Communication Group by requesting an available clear frequency. The Contractor shall follow all Installation procedures for operating communications devices on the Installation in accordance with Department of Defense FAR Supplement (DFARS) 252.235-7003, Frequency Authorization.

C.5.1.2.3 Contractor Advertising The Contractor shall not place or display (nor permit a third party to place or display) advertising of any kind on Government property or on the Contractor’s property located on the Installation. Reasonable markings on the Contractor’s property, including vehicles, for the purpose of identifying it as the Contractor’s property are permitted.

C.5.1.2.4 Radiation-Causing Devices The Contractor shall provide the Government with notice that it has obtained all licenses required by Federal laws and regulations for all licensed or licensable radiation source or byproduct materials and provide the Government copies of the licenses. The Government may deny the use or storage of any radiation source or byproduct material on the Installation. The Contractor shall comply with the terms of the licenses and all applicable Federal laws and regulations when maintaining, storing, utilizing, and disposing of radiation source or byproduct materials.

C.5.1.3 Placement of Utility System The Contractor shall comply with requests from the Installation regarding the placement of new or renewal utility systems either overhead or underground, unless to do so would cause the Contractor to violate any applicable law or regulation or would be inconsistent with sound utility operational practices.

Requests for placement that differ from normal utility practice may constitute a reasonable cause for an equitable adjustment in accordance with Section G.

C.5.1.4 Contractor Facilities The Contractor, at its expense, shall acquire, furnish, install, and operate and maintain all facilities required to provide the utility service(s) hereunder. The Contractor shall have title to all facilities it builds and equipment it installs under this contract, except as otherwise provided herein. If available, and at the Government’s sole discretion, the Contractor may be permitted to either build or lease office space, maintenance shops, materials storage/staging areas, or other facilities on the Installation, free of any rental or similar charge.

The Contractor shall be responsible for acquiring all utilities, janitorial services, building maintenance, and ground maintenance for these facilities. The Government may, if its capabilities permit, consent to provide certain of these services to the Contractor on a reimbursable basis, as defined in the utility-specific attachments.

New construction or remodeling of existing facilities shall comply with the Installation’s architectural standards and be fully coordinated with the Installation prior to beginning construction (see utility-specific attachments for list of available facilities).

C.5.1.5 Record Drawings and Utility System Maps The Contractor shall maintain record drawings for all existing and new facilities installed by the Contractor within the service area. Upon reasonable request and with reasonable notice, the Government may use and copy such drawings. The Contractor shall provide available drawings to the Government in the electronic media formats using the latest release software compatible with Government systems at no cost to the Government. The Contractor will also provide information to allow for updates to the Installation Geographical Information System (GIS).

Within one year of the contract start date and annually thereafter, the Contractor shall provide one hard copy (size to be determined by the Government) and one electronic media format of updated system maps to include all Contractor-owned facilities (including new infrastructure, previously unmapped infrastructure, corrected infrastructure and infrastructure properties.

The Contractor shall perform identification of unmapped infrastructure in conjunction with joint inventory and other projects to the maximum extent possible. The Contractor shall submit updated maps annually in conjunction with submission of the Annual SDC/Upgrades/Connections and R&R Plan.

C.5.1.6 Disposition of Removed or Salvaged Materials The removal and disposition of facilities and materials that are not used and useful for the purpose of providing utility service(s) shall be the responsibility of the Contractor. The Contractor shall notify the Contracting Officer or designated representative when removing hazardous substances in accordance with Section H., Hazardous Substances and the Specific Service Requirements outlined in the utility-specific attachments. Abandoned plant items not identified on existing maps but found during operations shall be documented on the drawings. In order to prevent hazardous conditions, the Contractor shall be responsible for ensuring that no interconnections exist between abandoned and utilized facilities.

C.5.1.7 Liens and Mortgages The Contractor shall not engage in any financing or other transaction creating any mortgage upon any Government property, place or suffer to be placed upon Government property any lien or other encumbrance, or suffer any levy or attachment to be made on the Contractor's interest in any easement or right of access to Government property. For the purposes of this clause, property shall include, but not be limited to: fee, lease, license, personal property, or any authorized Government use or interest in property.

C.5.2 Personnel For purposes of this contract, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or subcontractors. The Contractor shall not permit any personnel to work under this contract if such person is identified to the Contractor as a potential threat to the health, safety, security, general well-being, or operational mission of the Installation or population. All personnel will comply with Installation security, health, and safety conditions.

The Contractor will allow the Installation to review on a continuing basis a listing of all personnel engaged in providing utility services to the Installation. The listing will provide sufficient information on all personnel to allow precise Government identification of each individual.

C.5.2.1 Speaking, Reading, and Understanding English Where reading, understanding, and discussing environmental, health, and safety warnings are an integral part of an employee’s duties, that employee shall be able to understand, read, write, and speak the English language fluently. All personnel that interface with customers shall be able to speak and understand the English language fluently.

C.5.2.2 Personnel Appearance and Identification The Contractor’s personnel shall present a neat appearance and be readily recognized as Contractor personnel. As required by the Installation, the Contractor shall ensure each employee obtains from Security Forces an identification card that shall include at a minimum the employee’s name, photograph, and Contractor’s name. Each employee shall follow established Installation procedures for displaying their identification card while within the boundaries of the Installation.

C.5.2.3 Employee Certification The Contractor shall ensure that employees meet all applicable federal, state, local, and Installation certification, licensing, and medical requirements to perform all assigned tasks and functions as defined in this contract.

C.5.2.4 Installation’s Rules Apply to the Contractor Rules, regulations, directions, and requirements issued by the Installation, or other command authorities, under their responsibility for good order, administration, and security, including Specific Service Requirements as outlined in the utility-specific attachments, apply to all personnel who enter the Installation or who travel by Government transportation.

C.5.2.6 Controlled-Access Areas The Contractor shall apply for personnel security clearances required for performance after the contract is awarded. Personnel requiring access to secured areas or restricted areas under the control of the Installation shall comply with applicable regulations. The Government reserves the right to terminate the entry of any employee upon disclosure of information that indicates the individual’s continued entry to the Installation is not in the best interests of national security. Additionally, violation of, or deviation from, the established security procedures by the Contractor’s personnel may result in the confiscation of identification media and the denial of future entry to the Installation.

C.5.2.7 Conflict of Interest The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest. Additionally, the Contractor shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DOD 5500.7-R, Joint Ethics Regulations (JER).

C.5.2.8 Employment of Military Personnel The Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, changing duty hours, or deployment. Military reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the Contractor’s ability to perform. However, their absence at any time shall not constitute an excuse for nonperformance under this contract.

C.5.2.9 Employment of Quality Assurance Representative Personnel The Contractor is prohibited from employing Quality Assurance Representatives (QAR) whom the Contractor knows or should know are responsible for monitoring any contracts/subcontracts awarded to the Contractor.

C.5.2.10 Applicability of the Service Contract Act of 1965 and Davis-Bacon Act If applicable, the Contractor shall comply with the Service Contract Act of 1965 (“SCA”) and Davis-Bacon Act (“DBA”), as amended. Though the Contractor is responsible for application of the SCA and DBA under this contract, generally, the DBA will only apply to Initial System Deficiency Corrections, capital upgrades, and new connections that involve construction, alteration, or repair (including painting and decorating) as defined in the DBA. All other services are subject to the SCA, unless an exception exists.

C.6 Access to the Utility System

C.6.1 General The Contractor and its agents, employees, Contractors, and subcontractors shall have reasonable access to the Installation (Premises) to accomplish its duties and responsibilities under the Contract. Such access is subject to the general supervision and control of the Installation’s commander and his duly authorized representatives. In accepting the rights, privileges, and obligations established hereunder, the Contractor recognizes that the Installation serves the national defense and that the Government will not permit the operation, construction, installation, repair, and maintenance of a utility system and the provision of utility services to interfere with the Installation's mission.

C.6.2 Right of Access This Installation is an operating military installation that is closed to the public and is subject to the provisions of the Internal Security Act of 1950, 50 U.S.C. § 797, and of 18 U.S.C. § 1382.

Access to the Installation is subject to the control of its Installation Commander and is governed by such regulations and orders as have been lawfully promulgated or approved by the Secretary of Defense or by any designated military commander. Any access granted to the Contractor, its officers, employees, Contractors of any tier, agents, and invitees is subject to such regulations and orders. This Right of Access is subject to all regulations and orders currently promulgated or which may be promulgated by lawful authority as well as all other conditions contained herein.

Such regulations and orders may, by way of example and not by way of limitation, include restrictions on who may enter, how many may enter at any one time, when they may enter, and what areas of the Installation they may visit, as well as requirements for background investigations, including those for security clearances, of those entering. The Contractor is responsible for the actions of its officers, employees, Contractors of any tier, agents, and invitees while on the Installation and acting under this Right of Access.

In the event all or any portion of the Premises shall be needed by the Government or in the event the presence of the Contractor’s property shall be considered detrimental to governmental activities, the Contractor shall, from time-to-time and upon notice to do so, and as often as so notified, remove or relocate its property to such other location or locations on the Premises as may be required by the contracting officer or authorized representative, and in the event the Contractor’s property shall not be removed or relocated within ninety (90) days after any aforesaid notice, the Government may cause the same to be done. Any removal or relocation of the Contractor’s property at the direction of the Government under Section C.6.2 shall be at the Government’s expense.

The Contractor further recognizes that the operation, construction, installation, repair, and maintenance of the utility system on the Installation may be subject to requirements and approvals not ordinarily imposed by civilian authorities, including, but not limited to, compliance with the National Environmental Policy Act of 1969, as implemented. The Contractor agrees to abide by all applicable regulations.

The Contractor shall neither transfer nor assign this Right of Access nor any interests or rights thereunder without the prior written consent of the Government. No transfer or assignment of the Contractor’s rights or interests under this Right of Access shall occur except in connection with the Government’s recognition of a successor in interest to this contract under FAR Subpart 42.12.

C.6.2.1 Condition of the Premises

The Contractor is granted access to the Premises in an “as is, where is” condition without any warranty, representation by the Government concerning the condition of the Premises, or obligation on the part of the Government to make any alterations, repairs, improvements, or corrections to defects whether patent or latent. At such times and for such part of the Premises as the Installation Commander may determine, the Government and the Contractor, hereinafter referred to as the “Parties,” will prepare and sign a Physical Condition Report to reflect the condition of the Premises prior to the Premises being disturbed by the activities of the Contractor.

Such Report shall be used by the Government upon the expiration or termination of this Contract to determine whether the Contractor has fulfilled its obligations to maintain and restore the Premises to the condition required by this Right of Access.

C.6.2.2 Alteration of Premises If the Contractor’s property located on the Premises intrudes into airspace subject to regulation under the Federal Aviation Regulations or their Air Force counterparts, such property shall be operated, constructed, installed, repaired, and maintained in conformance with such regulations.

C.6.2.3 Government Access Nothing in the Contractor’s Right-of-Access shall be interpreted as interfering with or otherwise limiting the right of the Government and its duly authorized…