Conformed_SP0600-15-R-0416-A0008.pdf

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008 Conformed Copy as of Amendment 0008 dated July 18, 2018

INFORMATION TO OFFERORS

From: DLA ENERGY – FEA Electricity Team

To all potential Basic Ordering Agreement (BOA) offerors:

DLA Energy – Electricity Team intends to establish Basic Ordering Agreements (BOAs) with contractors to supply and deliver Renewable Energy Certificates (RECs) to various locations in the Continental United States (CONUS) in support of meeting the Energy Policy Act of 2005 (Pub.L. 109– 58)recent Executive Order 13963 -- Planning for Federal Sustainability in the Next Decade released March 19, 2015.

Any BOA(s) resulting from this solicitation is not a contract, and there is no guarantee that any contract will result in the future. The BOA, however, may be used by authorized Ordering Agencies to expedite contracting for the supply and delivery of RECs by issuance of Purchase Orders against a DLA Holders’ BOA. Vendors with BOAs will be known as “DLA BOA Holders.” DLA Energy will manage administration of the BOA Holder Agreements and Ordering Agencies will manage the administration of any resultant Purchase Order.

This solicitation will be open continuously for a period of five (5) years from the date of issuance.

All questions related to this Request for Proposal should be directed to: dlaenergy.eteam@dla.mil With subject “REC BOA SP0600-15-R-0416”

Please access the Federal Business Opportunities website “FedBizOpps”: https://www.fbo.gov for access to this solicitation and for future notices.

mailto:dlaenergy.eteam@dla.mil https://www.fbo.gov/

Bafour Asante cs

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

BRYAN O. SIMMONS

Contracting Officer, DLA Energy

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

Table of Contents

PART I –THE SCHEDULE

SECTION A—Solicitation/Agreement Form

SECTION B – SUPPLIES TO BE FURNISHED RENEWABLE ENERGY CERTIFICATES

Section B, Table1: Supplies to be Furnished

SECTION C – STATEMENT OF WORK /SPECIFICATIONS

Section C, Table 1 – Federal REC Vintage Timeline

Section C, Diagram 1:

SECTION D –PACKING AND MARKING: Not Applicable

SECTION E –INSPECTION AND ACCEPTANCE

SECTION F—DELIVERIES OR PERFORMANCE

DELIVERY AND ORDERING PERIODS

SECTION G—ADMINISTRATION DATA

BOA POINTS OF CONTACT:

CONTRACT TYPE:

INVOICING:

52.232-37 -- Multiple Payment Arrangements (FAR)(May 1999)

SECTION H—SPECIAL TERMS:

BASIC ORDERING AGREEMENT TERMS & CONDITIONS

ORDERING PROCEDURES UNDER BASIC ORDERING AGREEMENTS

Section H, Table 1 - Authorized Ordering Agencies:

PART II-CONTRACT CLAUSE

SECTION I – CONTRACT CLAUSES

52.204-13 -- System for Award Management Maintenance (FAR) (Jul 2013)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FAR) (July 2018May 2015) ... 12

52.252-1 Solicitation Provisions Incorporated by Reference (FAR)(Feb 1998)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LISTS OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.209-5 -- Certification Regarding Responsibility Matters (FAR)(APR 2010)

52.209-7 – Information Regarding Responsibility Matters (FAR)(JUL 2013)

52.212-3/I OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FAR) (MAR 2015) / ALTERNATE I

(FAR) (OCT 2014) 22

SECTION L – INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS TO QUALIFY FOR A BOA

Addendum to FAR 52.212-1 Past Performance Information, Period of Acceptance for Offers, and Multiple Awards

52.204-7 -- System for Award Management (FAR) (Jul 2013)

SECTION M – BOA EVALUATION FACTORS

Addendum to 52.212-2 EVALUATION – COMMERCIAL ITEMS (FAR) (OCT 2014)

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

PART I –THE SCHEDULE

SECTION A—Solicitation/Agreement Form See SF 1449 Page 1Continuation of Block 8 of SF1449-OFFER DUE DATE: This Basic Ordering Agreement (BOA) Solicitation is open continuously for a period of five (5) years from solicitation issue date identified in Block 6. Proposals to establish the initial BOA Holders are due August 17th at 3:00 p.m. EDT; however, offers will be accepted continuously thereafter. When responding please review this Agreement in its entirety, specifically ensure the following documents are submitted/completed:

1) Signed and completed SF 1449, to include Cage Code

2) Complete all fill-in areas of the Request for Proposal, Section K

3) All DOCUMENTS and requirements for offer submission set forth in Section L

SECTION B – SUPPLIES TO BE FURNISHED RENEWABLE ENERGY CERTIFICATES

(a) Brief Description: A Renewable Energy Certificate (REC) represents the property rights to the environmental, social, and other non-power qualities of renewable electricity generation transferred to the Government. As renewable generators produce electricity, they create one REC for every 1000 kilowatt-hours (or 1 megawatt-hour) of electricity placed on the grid. Government “goals” identified in the Energy Policy Act of 2005 (Pub.L. 109– 58)Executive Order (E.O.) 13693, Planning for Sustainability in the Next Decade (dated March 19, 2015) drive the Ordering Agency’s REC requirement. These RECs earn “credit” for the Agency to meet the Governmental goal for a given Fiscal Year (FY). RECs are also known as “green tags”, “green certificates” and “renewable energy credits”.

(b) Item Numbers: The Contract Line Item Numbers (CLINs) identified in Section B, Table 1 are the only supplies available for future orders.

(c) Quantities: The estimated quantity for this Agreement is 8,636,360 megawatt-hours (MWh) over five years. The estimate is based off of a cumulative average of all RECs delivered using DLA Energy’s historical information and pricing data.

(d) Deliverables: Any resultant purchase order will require the deliverables set forth in this section; only the following deliverables are required under any resultant order and shall not be supplemented or modified:

All deliverables associated to the REC(s) delivered under these terms and clauses shall be furnished in accordance with Section B, Supplies to be Furnished, and C, Statement of Work, whereby the following is required:

(1) Exhibit I REC Certificate of Transfer furnished at the time of REC(s) delivery.

(2) Exhibit II REC Attestations

Or Green-e Energy Attestation and Tracking System Reports either to be completed by the generator and BOA Holder and furnished at the time of REC(s) delivery.

Exhibit II REC Attestations:

(a) ATTESTATION FROM REC PROVIDER and

(b) RENEWABLE GENERATOR ATTESTATION

Green-e Energy Attestation and Tracking System Reports:

(a) Green-e Energy Attestation from Generator Participating in a Tracking System; AND

(b) Tracking System Reports demonstrating retirement of RECs within an Eligible Tracking System with specific reference made in the REC retirement notes to the applicable Ordering Agency and Fiscal Year for each retirement (e.g., Retired on Behalf of [Ordering Agency] for FY17”). Note that for any CLIN requiring Green-e Energy® certified RECs, Green-e Energy® requires that (in all but a few specific cases), RECs generated after July 1, 2018 are retired in a tracking system approved by Green-e Energy®.

For the purposes of this BOA, Eligible Tracking Systems include the following:

• ERCOT: Electric Reliability Council of Texas

• MIRECS: Michigan Renewable Energy Certification System

• M-RETS: Midwest Renewable Energy Tracking System

• NAR: North American Renewables Registry

• NC-RETS: North Carolina Renewable Energy Tracking System

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

• NEPOOL-GIS: New England Power Pool Generation Information System

• NVTREC: Nevada Tracks Renewable Energy Credits

• NYGATS: New York Generation Attribute Tracking System

• PJM-GATS: PJM EIS’s Generation Attribute Tracking System

• WREGIS: Western Renewable Energy Generation Information System

(3) Verification Audit – All required audit reports shall be furnished for delivery as follows:

(i) Third-Party Verification Audit1 – (required for non-Green-e or non-LEED Certified) At a minimum, an audit must be performed by a Certified Public Accountant (CPA) within 90 calendar days of the delivery date to verify the REC product content was sufficiently generated; the BOA Holder shall deliver the audit report to the Ordering Agency no later than the 91st calendar day. The third party audit shall verify all statements in Exhibits I and II, as well as verify items in Section C, Statement of Work (d) Scope, items 1-5.

(ii) Center for Resource Solutions (CRS) Annual Audit Report2 the BOA Holder must submit documentation performed by an independent CPA or Certified Internal Auditor to the CRS by the annual deadline specified by CRS. (See Section C, Statement of Work, (c) Definitions, (14)). The subsequent CPA or Certified Internal Auditor report delivered to CRS is a requirement to be provided to the Ordering Agency for any Green-e/LEED supplies to be furnished within 30 calendar days the CRS Annual Audit is submitted to CRS. Only the report submitted to CRS is required to be furnished to the Ordering Agency.

Section B, Table1: Supplies to be Furnished

1 Audit requirement described in http://www1.eere.energy.gov/femp/pdfs/epact05_fedrenewenergyguid.pdf 2 Audit requirement described in Green-E Code of Conduct and Customer Disclosure Requirements dated November 6, 2013 (page 11-13) http://www.green-e.org/docs/energy/Green-e%20Energy%20Code%20of%20Conduct%20110613.pdf. The Green-e Energy Code of Conduct underwent a major update in the July 24, 2015 version, but Participants will not be required to comply with this version until July 24, 2016 per http://www.green-e.org/getcert_re_stan.shtml#coccd.

Contract Line Item Number

(CLIN)

REC Type/ Source Deliverables

0001 Any/all RECs Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0002 Solar Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0003 Wind Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0004 Landfill Gas Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0005 Biomass Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0006 eGrid Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0007 LEED

Certified

Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0008 Green-e Certified (any

REC)

Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0009 Solar Green-e Certified

Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0010 Wind, Green-e Certified

Exhibit I REC Certificate of Transfer http://www1.eere.energy.gov/femp/pdfs/epact05_fedrenewenergyguid.pdf http://www.green-e.org/docs/energy/Green-e%20Energy%20Code%20of%20Conduct%20110613.pdf http://www.green-e.org/getcert_re_stan.shtml#coccdr

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

SECTION C – STATEMENT OF WORK /SPECIFICATIONS

(a) PURPOSE: This Basic Ordering Agreement (BOA) between [Company Name] (herein “DLA BOA Holder”) and the

Defense Logistics Agency Energy (herein “DLA Energy”) is entered into for the potential supply of Renewable Energy Certificates (RECs).

(b) BACKGROUND: RECs serve the role of laying claim to and accounting for the associated attributes of renewable-based generation. As renewable generators produce electricity, they have a positive impact, reducing the need for fossil fuel-based generation sources to meet consumer demand. RECs embody these positive environmental impacts and convey these benefits to the REC owner. As renewable generators produce electricity, they create one REC for every 1000 kilowatt-hours (or 1 megawatt-hour) of electricity placed on the grid. If the physical electricity and the associated RECs are sold to separate buyers, the electricity is no longer considered "renewable" or "green." The REC product is what conveys the attributes and benefits of the renewable electricity, not the electricity itself.

(c) DEFINITIONS:

(1) Renewable Energy Certificate(REC) 3 :means the technology and environmental (non-energy) attributes that represent proof that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource, that can be sold separately from the underlying generic electricity with which they are associated, and that, for the purposes of this order [E.O. 13693], were produced by sources of renewable energy placed into service within 10 years prior to the start of the fiscal year.

(2) Eligible Renewable Energy Resource4 : is to mean ‘‘renewable electric energy’’ or “REC Type/Source”, which is energy produced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, geothermal heat pumps, microturbines, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (For the purposes of this BOA, this definition is to mean “All / Any REC source” as shown in Section B, Table 1 – Supplies to be Furnished”.)

(3) Produced:(as referenced in paragraph “i” above), this BOA defines this term to mean “the date of vintage in accordance with paragraph iv. Vintage below”.

(4) Vintage5: is to mean “Vintage Date” or “Generation Date” which are interchangeable with respect to industry standards. Vintage is defined as the date that the electric generation associated with the REC was measured by the system operator or utility meter at the generator site.

(5) Contract Year: may also be known as ‘Goal Year’ or ‘Current Year’, however, for the purpose of this BOA, Contract Year, Goal Year or Current Year, is to mean “Fiscal Year” (FY) October 1 – September 30” See Section C, Diagram 1 (Note: some industry standards define the “Current Year / Contract Year / Goal Year” as January 1 – December 30; however, due to Federal Funding limitations, this BOA defines the Contract/Current/Goal Year to mean “Fiscal Year”).

(6) Federal REC Vintage Timeline: RECs are defined as ELIGIBLE under this BOAs requirements when the REC generated six (6) months immediately preceding each Fiscal year, or three (3) months immediately following each Fiscal Year, making the total eligible generation period 21 consecutive months. See Section C, Table 1- Federal REC Vintage Timeline.

3 As defined in the Energy Policy Act of 2005 (Pub.L. 109–58)Executive Order 13693, Planning for Federal Sustainability in the Next Decade (dated March 19, 2015) 4 As defined in the Energy Policy Act of 2005 (Pub.L. 109–58)Executive Order 13693 – Planning for Federal Sustainability in the Next Decade (dated March 19, 2015) 5 As defined in Green-E Code of Conduct and Customer Disclosure Requirements - http://www.green-e.org/docs/energy/CodeofConductandCustDisclosure.pdf

Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0011 Landfill Gas, Green-e Certified

Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0012 Biomass, Green-e Certified

Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

(7) Green-e Certified “Green-e” is defined as CERTIFIED RECs and has specific standards different from any other REC source. Standards, specifications (to include vintage) are fully defined in Green-e Energy National Standard (also known as: ‘National Standard’), Version 2.7 Released: July 14, 2015.

(8) eGRID RECs: Requesting agencies will accept RECs from the following eGRID sub-regions6: MRO West, RFC West and SPP North.

eGRID7 is to mean the Emissions & Generation Resource Integrated Database (eGRID), which is a comprehensive inventory of environmental attributes of electric power systems. eGRID is the preeminent source of air emissions data for the electric power sector. Data is based on available plant-specific data for all U.S. electricity generating plants that provide power to the electric grid and report data to the U.S. government. eGRID integrates many different federal data sources on power plants and power companies, including, but not limited to: EPA, the Energy Information Administration (EIA), the North American Electric Reliability Corporation (NERC), and the Federal Energy Regulatory Commission (FERC). Emissions data from EPA are carefully integrated with generation data from EIA to produce useful values like pounds per megawatt-hour (lb/MWh) of emissions, which allows direct comparison of the environmental attributes of electricity generation. eGRID also provides aggregated data by state, U.S. total, company, and by three different sets of electric grid boundaries.

(9) LEED Certified RECs8: A LEED REC is an off-site renewable energy source, as defined by the Center for Resource Solutions Green-e Energy program’s products certification requirements, or the equivalent. Green power may be procured from a Green-e Energy certified power marketer or a Green-e Energy-accredited utility program, or through Green-e Energy-certified tradable renewable energy certificates (RECs) or the equivalent. To meet the LEED standard, RECs must be accompanied with proof of a contract to purchase RECs for a minimum of 2 years and must also make a commitment to purchase RECs on an ongoing basis beyond that.

(10) Substantial Change to Executive Orders (E.O.): Should E.O. 13834 13693 be updated, or replaced, by any superseding E.O. or higher level Government mandate, the update may govern the definition(s) of eligible Supplies to be Furnished provided in this Section (relating to Section B, Table 1). The scope and magnitude of the REC “Types/Sources” as indicated in the solicitation, Section B, shall not substantially change; rather additional/revised E.O.(s) may, for example, elaborate on the terms and definitions listed herein, that BOA Holder is required to adhere to the update / replacement as appropriate, and in accordance with the updated E.O. governing the definitions of the ‘Type’ of REC sourced for any new orders after the E.O update has been issued.

(11) Contract: for the purpose of this BOA, the term “contract” is to mean “any resultant Purchase Order award”.

(12) Contractor: for the purpose of this BOA, the term “contractor” is to mean “BOA Holder”.

(13) Qualifying REC(s): For the purpose of this BOA, the term “Qualifying REC(s)” is to mean the REC(s) which meet all standards/requirements identified in this BOA, to include Executive Order(s), National Standard or Industry Standard specified.

(14) Center for Resource Solutions (CRS) Annual Audit Report9: as required by the Green-e Code of Conduct and Customer Disclosure Requirements, Section VI, ‘Verification of Certified Products’ (See Footnote 2 & 9) a report is due to CRS by the annual due date CRS deems (usually annually in June). As required, all Green-e products must be verified by a CPA or Certified Internal Auditor by the CRS annual cut-off date. The Government acknowledges that the BOA Holder has no control over when CRS sets the deadline for CRS Audit Report submission. See Section B, (d) Deliverables, (3),(ii), Center for Resource Solutions (CRS) Annual Audit Report.

(d) SCOPE: Any and all RECs delivered for purchase by the Government under any resultant Purchase Order shall conform to the following requirements:

(1) All RECs delivered shall meet the definitions and specifications defined in this BOA.

(2) All RECs shall come from United States Facilities.

(3) The BOA Holder shall source a REC where, at the point of generation, the unbundled product component(s) shall be sold separately from its electricity and transferred to the Ordering Agency.

(4) All REC(s) shall be delivered with the completed appropriate Deliverables identified in Section B, paragraph (d).

(5) BOA Holder shall adhere to the following Section C, Table 1- Qualifying REC Vintage Date, whereby supplies furnished for a given Fiscal Year must meet REC “vintage” requirements, (i.e., the energy they represent must be generated during the same defined fiscal year) as shown in Section C, Table 1, below:

6 http://www.epa.gov/cleanenergy/energy-resources/egrid/faq.html#egrid6 7 http://www.epa.gov/cleanenergy/energy-resources/egrid/faq.html 8 http://www.usgbc.org/Docs/Archive/General/Docs5545.pdf 9 Audit requirement described in Green-E Code of Conduct and Customer Disclosure Requirements dated November 6, 2013 (page 11-13) http://www.green-e.org/docs/energy/Green-e%20Energy%20Code%20of%20Conduct%20110613.pdf. The Green-e Energy Code of Conduct underwent a major update in the July 24, 2015 version, but Participants will not be required to comply with this version until July 24, 2016 per http://www.green-e.org/getcert_re_stan.shtml#coccd.

http://www.epa.gov/cleanenergy/energy-resources/egrid/faq.html http://www.usgbc.org/Docs/Archive/General/Docs5545.pdf http://www.green-e.org/docs/energy/Green-e%20Energy%20Code%20of%20Conduct%20110613.pdf http://www.green-e.org/getcert_re_stan.shtml#coccdr

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

Section C, Table 1 – Federal REC Vintage Timeline Fiscal Year Qualifying Vintage Dates Types of RECs 2015 April 1, 2014 to Dec 31, 2015 All RECs July 1, 2014 to Dec 31, 2015 National Standard (Green-e LEED) 2016 April 1, 2015 to Dec 31, 2016 All RECs July 1, 2015 to Dec 31, 2016 National Standard (Green-e LEED) 2017 April 1, 2016 to Dec 31, 2017 All RECs July 1, 2016 to Dec 31, 2017 National Standard (Green-e LEED) 2018 April 1, 2017 to Dec 31, 2018 All RECs July 1, 2017 to Dec 31, 2018 National Standard (Green-e LEED) 2019 April 1, 2018 to Dec 31, 2019 All RECs July 1, 2018 to Dec 31, 2019 National Standard (Green-e LEED) 2020 April 1, 2019 to Dec 31, 2020 All RECs July 1, 2019 to Dec 31, 2020 National Standard (Green-e LEED)

Section C, Diagram 1: For the purposes of this diagram, Current Year (CY) is shown to highlight the Green-E standard, and the overlap of the Federal REC Vintage Timeline. RECs can be generated six (6) months immediately preceding each Fiscal Year, or three (3) months immediately following each Fiscal Year; making the total eligible generation period 21 consecutive months.

SECTION D –PACKING AND MARKING: Not Applicable

SECTION E –INSPECTION AND ACCEPTANCE

Federal Acquisition Regulation (FAR) 52.246-2 – Inspection of Supplies—Fixed Price (Aug 1996) is hereby incorporated by reference.

SECTION F—DELIVERIES OR PERFORMANCE

Items to be delivered will be specified when the Ordering Agency issues a Request for Quote.

DELIVERY AND ORDERING PERIODS

(a) The period of a resultant Purchase Order (PO), during which the Ordering Agency may order and the REC deliverables shall be supplied (if ordered), will be as within the limits of the below dates. No order shall exceed these limits:

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

(1) Ordering period begins: at issuance of a BOA to the BOA Holder and the last date to order is: Not to exceed (five) 5-years from the date the BOA RFP was issued as indicated in Block 6 of the SF 1449.

(2) Delivery period begins: at issuance of a PO and ends: no later than midnight, December 30, 2020.

NOTE: Audit Reports are a term of the requirement to be delivered. A BOA Holder would be in breach of terms if they are unable to provide a valid Audit Report; however, the BOA Holder has no control of the timing CRS releases the Green-E / LEED Audit Report thus this is an incidental deliverable to provide documentation for the official file and shall not be confined to be delivered within the time specified in paragraph (a)(2).

SECTION G—ADMINISTRATION DATA

BOA POINTS OF CONTACT:

The following DLA Energy personnel are the administrative points of contact for the Basic Ordering Agreement:

DLA Contract Specialist(s): Email: Phone:

Bafour Asante Bafour.Asante@dla.mil 571-767-4411 Troy Dorsey Troy.dorsey@dla.mil 703-767-9166 Jim Decristofaro James.decristofaro@dla.mil 703-767-1430 Contracting Officer: Email: Phone:

Bryan Simmons Bryan.Ssimmons@dla.mil 571-767-8531

CONTRACT TYPE:

Resultant Purchase Orders (contract awards) shall be established on a Firm-Fixed Price basis.

INVOICING:

52.232-37 -- Multiple Payment Arrangements (FAR)(May 1999) This contract or agreement provides for payments to the Contractor through several alternative methods. The applicability of specific methods of payment and the designation of the payment office(s) are either stated--

(a) Elsewhere in this contract or agreement; or

(b) In individual orders placed under this contract or agreement

SECTION H—SPECIAL TERMS:

BASIC ORDERING AGREEMENT TERMS & CONDITIONS

(a) Terms: This is a Basic Ordering Agreement (BOA) that establishes a written instrument of understanding, containing the terms and agreements under which future requirements will be solicited, evaluated, awarded and delivered. A BOA is not a contract.

(b) All BOA terms and clause herein are incorporated by reference to all future orders.

(1) DLA Energy is the Administrator (owner) of the BOA(s) and is the only Ordering Agency authorized to modify the base terms and clause of BOA Holders.

(2) In accordance with FAR 16.703(c)(2), each BOA shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the FAR. The BOA(s) may need to be revised before the annual review due to mandatory statutory requirements. A BOA shall be changed only by modifying the agreement itself and not by individual orders issued under it. Modifying a basic ordering agreement shall not retroactively affect orders previously issued under it.

(3) The BOA may be terminated in its entirety by either party upon thirty (30) days’ notice to the other party.

Termination of a BOA shall not retroactively affect previously issued orders.

(4) The Ordering Agency will solicit its requirements in accordance with FAR 16.703 (d).

(5) A binding contract (Purchase Order) may be established when the Ordering Agency offers the BOA Holder a

Purchase Order (PO) and the BOA Holder accepts it in writing. All orders shall be accepted by the BOA Holder “in writing,” as defined in FAR 2.101.

mailto:Bafour.Asante@dla.mil

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

(6) All POs shall reference the DLA BOA Holder’s Agreement number, and a DLA Energy generated sequential BOA number (DLA + 4-digit sequential number).

(7) Regardless of the BOA expiration date, the BOA Holder is responsible for delivering all supplies required under each PO and all modifications under each PO.

(8) Past Performance and adherence to FAR Part 9 – Responsibility of all BOA Holders will be reviewed at least every two years.

ORDERING PROCEDURES UNDER BASIC ORDERING AGREEMENTS

(a) This section sets procedures and criteria that will be used by authorized Ordering Agencies to place Purchase Orders against DLA BOA(s). Any resultant requirements shall be procured in accordance with the FAR 16.703 –Basic Ordering Agreements.

(b) Ordering Schedule: All ordering periods shall be written within the Request for Quote and the resultant Purchase Order pursuant to Section F of the BOA Terms.

(c) Competition: It is the responsibility of the Ordering Agency’s Contracting Officer or Government Purchase Card Holder to fully comply with FAR 16.703(d).

(d) Method for Determining Price: All prices must be agreed to before the order is issued.

(e) Method for Issuing Purchase Orders:

(1) Only Ordering Agencies listed in Section H, Table 1- Authorized Ordering Agencies are authorized to issue Requests for Quotes under this BOA in writing. See Attachment 1, RFQ Template.

(2) Accelerated or streamlined procedures, such as email, phone or fax shall be utilized to the maximum extent practicable. E-mail is the preferred method to notifying BOA Holders of Purchase Order opportunities.

(3) In the event an Ordering Agency wishes to make an order using this BOA, the Ordering Agency shall:

(i) Issue orders under BOA on Optional Form (OF) 347, Order for Supplies or Services, or on any other appropriate contractual instrument.

(ii) Incorporate by reference the provisions of the BOA;

(iii) If applicable, cite the authority under FAR 6.302 in each order; and

(iv) Comply with FAR 5.203 when synopsis is required by FAR 5.201.

(4) REC Types and quantities for each Purchase Order will be established upon issuance of a Request for Quote.

(5) The Ordering Agency may add local provisions or clauses (e.g. invoicing; payment, delivery schedule, etc…), provided they do not conflict with the BOA terms and clauses.

(6) The Ordering Agency intends to evaluate quotes within 10 business days. Any BOA Holder, or interested party (i.e.

prospective BOA Holder(s)) providing a quote to the Ordering Agency.

(7) The BOA Holder with the lowest evaluated quote shall be in line for award.

(8) The Government does not have to accept any quote.

(f) Ordering Limitation: There is no minimum ordering limitation; however, it is strongly recommended that the Ordering

Agencies become part of the DLA semi-annual procurement cycle, so that all Agencies are submitting their Request for Quotes at the same time. By leveraging the purchase power of quantity and competition, the Government will secure the best rate. This BOA has an ordering capacity of $9.5 million amongst all BOA Holders over the 5 year ordering period cumulatively.

Section H, Table 1 - Authorized Ordering Agencies:

Authorized Ordering Agency Authorized Ordering Agency Address

DLA Energy

DLA Energy, Installation Energy, FEAAB 8725 John J Kingman Rd Fort Belvoir, VA 22060-6222

Department of Interior

Office of Procurement & Acq. Management 1849 C Street NW, Ste. 2607 Washington, DC 20240-0001

Department of Transportation - Volpe National Transportation Systems Center

US DOT/Volpe Center On Site Contracts & Simp Acq.

55 Broadway V222 Cambridge, MA 02142-1001

U.S. Department of Agriculture- Office of Procurement & Property Management

USDA, DM/OPPM/POD

Acquisition Management Branch-WDC 300 7th Street, SW, Ste. 377 Washington, DC 20024

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

Indian Health Service - HQ

Indian Health Service Division of Acquisition Policy 801 Thompson Ave. TMP 605 Rockville, MD 20852

Internal Revenue Service

Internal Revenue Service NE Area Procurement Branch 29 Broadway, 3rd Floor New York, NY 10007

NASA Langley Research Center

NASA Langley Research Center 4 South Marvin Street Hampton, VA 23681

NASA Johnson Space Center

NASA Johnson Space Center 2101 NASA Parkway Houston, TX 77058-3696

NASA Kennedy Space Center

NASA Kennedy Space Center Office of Procurement Mail Code OP Kennedy Space Center, FL 32899

National Energy Technology Laboratory

National Energy Technology Laboratory Morgantown Campus 3610 Collins Ferry Road PO Box 880 Morgantown, WV 26507-0880

National Institutes of Health

Office of Research Facilities 13 South Drive Suite 2E48B Bethesda, MD 20892

NASA Marshall Space Flight Center

NASA Marshall Space Flight Center Central Receiving Building 4631 Saturn Road

MSFC, AL 35812

DHS Science & Technology

U.S. Dept. of Homeland Security RDS 245 Murray Drive, Bldg. 410 Washington, DC 20528

U.S. Patent Trade Office

Office of Admin. Services U.S Patent and Trademark Office 551 John Carlyle Street, 2nd Fl.

Alexandria, VA 22313-1450

USDA Agricultural Research Service

ARS NCRBSC Contracting, Acquisition 5601 Sunnyside Avenue Mail Stop 5116 Beltsville, MD 20705

U.S. Food and Drug Administration

DHHS, Food and Drug Administration OC/OFBA/Office of Acquisitions and Grants Services Division of Acquisition Programs 5630 Fishers Lane, FHA-500, Room 2045 Rockville, Maryland 20857

National Institute of Standards & Technology

PE Office of Facilities & Property Management 100 Bero Drive, Bldg. 301 Gaithersburg, MD 20899

Federal Bureau of Investigation

Federal Bureau of Investigation Procurement Section Room 6823 935 Pennsylvania Ave, NW Washington, DC 20535-0001

Dept. of Energy- Richland

Dept. of Energy Richland Operations Office P.O. Box 550 MS H5-20 Richland, WA 99353

USDA-OPPM

USDA OPPM, Sustainable Practices 300 7th Street, SW, Room 310-A

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

Washington DC 20024

PART II-CONTRACT CLAUSE

SECTION I – CONTRACT CLAUSES

To view the FAR, offerors may use the following website: http://www.acquisition.gov/far/

For all questions concerning:

• Small Business, please e-mail: dla.energy.osbp@dla.mil.

52.204-13 -- System for Award Management Maintenance (FAR) (Jul 2013)

(a) Definition. As used in this clause-- “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

“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 SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)

(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 SAM database;

http://www.acquisition.gov/far/ mailto:desc.duoffice@dla.mil

DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

(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 shall provide with the notification sufficient documentation to support he legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM 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 SAM record 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 SAM. Information provided to the Contractor’s SAM 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.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor 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.

(c) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FAR) (July 2018May 2015)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(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:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282)

(31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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DLA Energy Renewable Energy Certificates (RECs) Basic Ordering Agreement Solicitation SP0600-15-R-0416-A0008

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned

Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__x (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_x_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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