18R0402_Attach_1_PWS.pdf

ATTACHMENT 1 SP060418R0402

PERFORMANCE WORK STATEMENT

ELECTRICITY ACQUISITION SUPPORT SERVICES

1.0 INTRODUCTION:

The Defense Logistics Agency Energy (DLA Energy) requires analytical technical advisory and assistance support to procure retail electricity and, to a lesser extent, renewable energy in the Continental United States (CONUS) at fair and reasonable terms, while providing overall guidance to the acquisition team. These services include, but are not limited to, the performance of electricity and renewable rate analysis, commercial regulation planning, economic market analysis, a compilation analytical summary of current subscription data that supports price fair and reasonableness, and on-the-spot (between 24 and 48-hour turn-a-round) support for DLA Energy solicitations.

2.0 BACKGROUND

The DLA Energy mission is to provide the Department of Defense (DoD) and other Government agencies (collectively, Customers) with comprehensive energy solutions in the most effective and economical manner possible. The DLA Energy - Installation Energy Consulting Services Division Business Unit’s (Installation Energy) mission is to provide customer support in all electricity industry-related areas, such as competitive electricity acquisitions and Power Purchase Agreements (PPAs)/Renewable Energy Supply Agreement (RESAs) for renewable energy. The Electricity and Renewable Program (Program) provides retail electricity to participating installations or sites in de-regulated states. Roughly 80% of the technical support required is for the retail purchase of electricity and electricity-related commodities, and the other 20% of the Program will support Renewable Energy Certificates (RECs) and PPAs/RESAs.

2.1. Electricity: DLA Energy established the electricity program in 1996 and began soliciting requirements in 1997. DLA Energy is executing the competitive acquisition of Retail Open Access Electricity in the states that have implemented deregulation. Customers are encouraged to partner with DLA Energy and aggregate regional electricity requirements to competitively procure the commodity of electricity and ancillary items. DLA Energy is actively managing over 15.7M megawatt hours of electricity valued at over $1.2B under multi-year contracts.

2.2 Renewables: Installation Energy issues solicitations for the provisioning, production, purchase, and delivery of energy and all associated environmental attributes generated from on-site and off-site renewable generation facilities on behalf of DoD under authority 10 U.S.C 2922a and Federal Civilian agencies under authority FAR Part 41. Under the 10 U.S.C 2922a authority, DLA Energy is able to award long-term PPAs/RESAs with Contractors for up to 30 years. This requirement is in response to several Energy Policies, Executive Orders and National Defense Authorization Acts that were aimed at reducing DoD carbon emissions, reducing the departments dependence on fossil fuels and setting goals to increase the DoD’s consumption of energy generated from clean renewable sources. Alternatively, Installation Energy supports these initiatives with the Renewable Energy Certificate (REC) program which allows customers with limited resources to meet their renewable energy goals.

Note: RECs are negligible portion of the renewable portfolio, but the subject matter expertise may be required to support the annual acquisition (magnitude ~$150,000).

3.0 SCOPE

The Contractor, through innovation, technology, and a forward thinking approach shall provide all personnel, management, labor, supervision, travel and services required to provide professional advisory and assistance support and perform the scope of work to DLA Energy, unless otherwise provided herein.

4.0 PERFORMANCE REQUIREMENTS

4.1 The Contractor shall provide services covering all facets of the below tasks with emphasis on solutions to economic problems which affect the acquisition and management of the Program (this includes, but is not limited to, necessary utility industry subscriptions or price-related data accessibility). The Contractor shall be familiar with state retail electricity restructuring and have experience supporting retail entities purchasing electricity. The Contractor shall also demonstrate in-depth knowledge of Independent Service Operator (ISOs) or Regional Transmission Organizations (RTOs).

4.2 The Contractor shall prepare and provide written reports of competitive electrical retail supply acquisitions containing the Contractor’s findings and recommendations. The Contractor’s report may also involve the evaluation of options and methods for reducing electricity-related costs, conducting economic analysis and making recommendations, and evaluation of trends (in terms of electricity rates) to support determination of long-range planning parameters. The Contractor shall support these tasks that are variable in scope, timeliness, and priority level.

4.3 The Contractor shall support DLA Energy with outcome-based deliverables in support of problem-solving. A higher level of effective communication between the Government and Contractor is essential for partnering and for this performance-based-services contract to succeed. The assistance required will be used to advise the Government to execute the aforementioned Program in the most efficient manner practicable.

TASK 1 - Firm Fixed Price Services

The following Section 4.4 identifies the requirements in Task 1 (CLINs 0001/1001/2001) of Table 1 - Schedule of Services to be Furnished of the Request for Proposal SP060418R0402 (RFP), which shall be included in the Firm-Fixed Price. The below outlines the task(s) required within each performance period for Task 1, with specific due dates identified in the Deliverables Table.

4.4 Market Analysis Briefing:

Once a year the Contractor shall travel to DLA Headquarters at Ft. Belvoir for a three-hour (minimum) session developed to address a staff of 10-15 DLA personnel for the review of market conditions through a comprehensive Market Analysis Briefing. The Contractor shall develop the most pressing risk factors it assesses in the Program for group discussion. The Contractor shall design the discussion so that junior members of the Electricity and Renewable team could understand and participate in the market discussions, as well as understand any relevant risk factors. This may include (but is not limited to) a working-group which develops strategies to improve DLA Energy’s current solicitation or approach, or a review of how electricity and related factors affect price. The Contractor will promptly provide an After-Action Report to DLA Energy that summarizes the discussions held during the sessions within 14 calendar days of the Market Analysis Briefing, unless it is requested sooner by DLA Energy.

TASK 2 - Time and Materials Services

The following Sections 4.5.1 through 5.3 identify the requirements in Task 2 (CLINs 0002 – 0007/1002 – 1007/2002 - 2007) of Table 1 - Schedule of Services to be Furnished, of the RFP, which shall (as applicable) not exceed the amounts listed in RFP and/or amounts set forth in the contract. The below outlines the task(s) required within each performance period for Task 2, with specific due dates identified in the Deliverables Table.

4.5.1 Economic Survey Assessment (Planning Phase): The Contractor shall deliver a written Economic Survey Assessment, including a market summary report in the acquisition planning phase of each of the aforementioned Programs containing the Contractor’s findings and recommendations. Elements of the Economic Survey Assessment should ultimately assist the Government in the Market Research component of the acquisition planning phase, and shall include, at a minimum:

4.5.1.1 Market Survey of the ISOs or RTOs’ service area to analyze current market conditions. (no more than 5 pages, single spaced, of narrative information). Using Electricity Forecast Summary (see Exhibit A), the Contractor shall provide the Government a Market Survey prior to the projected start of an acquisition. Additionally, the Contractor shall review any previous solicitations to analyze any technical changes to the ISO/RTO affecting that particular acquisition. The Contractor shall deliver a summary report analyzing any new regulations affecting the solicitation, risks or unique aspects of the procurement impacting price or milestones (i.e., proposed delivery method, etc.).

Note: If there is more than one acquisition in a particular ISO/RTO within a 12-month period, the Contractor shall only submit one Market Survey pertaining to the acquisition(s) identified by the Government. The Contractor will still be responsible for the review and analysis of market changes that may impact each specific acquisition listed in Electricity Forecast Summary (see Exhibit A).

4.5.1.2 Competition Assessment Report: The Contractor shall analyze any changes in the market place in comparison to the most recent Installation Energy’s electricity procurements (no more than 5 pages, single-spaced, of narrative information) in the Competition Assessment Report. The Competition Assessment Report shall include, but not be limited to:

1. An analysis of the expected retail electricity competitors in the market place participating in the procurement of Retail Electricity.

2. Market news regarding mergers affecting the anticipated competition for Installation Energy’s electricity procurements.

4.5.1.3 Strategy to Increase Contractor Participation for Renewable Acquisitions:

The Contractor shall recommend and report strategies (no more than 5 pages, single-spaced, of narrative information) in a written report entitled, Strategy to Increase Contractor Participation for Renewable Acquisitions, which details how the Government can access and communicate with new potential Government vendors that are capable of meeting the requirements of its solicitations. The Contractor shall develop strategies annually in effort to build more qualified suppliers to the Program.

4.5.2 Solicitation Assessment: (Pre-Award): The Contractor shall deliver recommendations and a risk assessment on each upcoming program in a Solicitation Assessment report, including current proposed (or previous) solicitations, focusing on technical solicitation terms in the following areas:

4.5.2.1 Request for Proposal (RFP)/Request for Quote (RFQ) Recommendations:

When requested, the Contractor shall prepare and provide a written report for every electricity Program solicitation, to include tracked-changes to the upcoming proposed solicitation. The recommendations shall be technical in nature, and compare DLA Energy’s solicitation to what is acceptable, changing, or inferior in the commercial sector; the goal is to ensure DLA Energy’s solicitations remain similarly parallel to a contract with respect to commercial terms. To accomplish this task, the Government will issue the Contractor a schedule of each Program intended to be solicited for the upcoming year (s), and the most recent (previous or current) solicitation upon award.

4.5.3 Invoice Review: The Contractor shall inspect invoices for billing discrepancies on an ‘as requested basis’ for the Portfolio Approach acquisition and any renewables acquisitions.

4.5.4 Electricity/Renewable/Utility Consultation/Guidance: The Contractor shall provide expert consultation services, advice and guidance on an ‘as requested basis’ and including, but not limited to, the items outlined in Sections 4.5.4.1 through 4.5.4.4 below). The Contractor shall respond to e-mail requests for information within 24 hours of notification, confirming that the request sent by the Government has been received. All requested consultation or guidance in response to the Government’s initial request shall be submitted to the Government within two (2) calendar days of the initial request; if more time is required, an extension may be requested to either the Contracting Office (CO) or Contracting Officer Representative (COR).

4.5.4.1 Technical Assistance: When technical assistance is required prior to a negotiation session, modification, or solicitation, the Contractor shall review and analyze all relevant documents affecting the rates, charges, general terms and conditions of Program’s solicitation, to include any applicable exceptions to terms.

4.5.4.2 Documentation of Vendor Exceptions: The Contractor shall assist the Government in formulating a written response when analyzing the technical proposal terms, risks and rates of the Program.

4.5.4.3 Negotiation Objectives The Contractor may be required to analyze the existing government/commercial contracts with regard to (but not limited to): rates, facilities charges, termination liabilities, connection charges, contracts terms/conditions; and development of negotiation strategies with consideration given to potential alternate suppliers (including federal power marketing agencies) that are accessible through wheeling/transportation agreements or regulatory changes, and incentive packages.

4.5.4.4 Rate Adjustments or Terminations: The Contractor shall analyze the impact of new/revised regulatory requirements, full/partial terminations, or other potential drivers that may have an effect on the awarded contract’s price. The Contractor shall provide a preliminary brief to government personnel on any problem, potential solutions, and recommended negotiation strategies for anticipated rate and/or price adjustments. When appropriate, the Contractor shall make recommendations or suggest new approaches for any subsequent negotiations. No later than five (5) business days after a negotiation session, the Contractor shall prepare and submit a written report to include meeting minutes. This report shall contain a description of the efforts accomplished at the negotiation session, describe each issue addressed in the negotiation session, and list any open action item to be resolved by any party (DLA, the company, or the contractor).

The report following the final negotiation session shall include positive and/or negative impact of the negotiations, comparative calculations of the DLA utility cost and usage computed as the differentials between the old rate and charges and the new rate and charges or price (as applicable) as a result of the negotiations.

4.6 Participate in a Post-Award Conference

The Post-Award Conference shall provide an introduction between the Contractor personnel and Government personnel who will be involved with the contract. The meeting shall provide the opportunity to discuss technical, management and security issues. The Post Award Conference will aid both the Government and Contractor in achieving a clear and mutual understanding of all requirements, and identify and resolve any potential issues. The Contractor shall be prepared to discuss any items requiring clarification and gather information as necessary to support each deliverable. This conference shall take place virtually through the means of a teleconference.

5.0 The Contractor may be required by the Government to perform CONUS travel to attend high level meetings 0-10% of the overall performance period. The Contractor shall be available for these in-person meeting requests with ten (10) calendar days’ notice. Travel that is approved in writing and in advance in support of this contract will be performed on a cost-reimbursable basis, subject to the limitations set forth herein.

5.1 Costs for transportation, lodging, meals and incidental expenses incurred by the Contractor are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations. Contractors cannot use the GSA Airfares (City Pair Program). The airfare shall be the prevailing rates for commercial airlines at coach class. When required, the most reasonable means of ground transportation (i.e., taxi, bus, car rental) shall also be used. Contractors shall submit copies of expense reports and receipts with monthly invoices for payment. Upon completion of the travel, Contractor will provide a written trip report in word format to the COR as supporting documentation to validate the reimbursable costs.

5.2 The Government shall allot a ’Not-to-Exceed’ amount as part of the budgeted travel expense under any resultant contract. In addition, the vendor requires written approval from either the COR or Contracting Officer prior to incurring any travel expenses.

5.3 The Government will not reimburse local travel and related expenses to the Contractor for daily travel to or from work at Ft. Belvoir, VA or any other location within the National Capital Region.

6.0 DoD Manpower Reporting Requirements - IAW DLAD 37.103-90(e)(1), the Contractor shall report all Contractor labor hours (including Subcontractor labor hours) required for performance of services provided under this contract for DLA via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

7.0 The below table represents deliverables due by the Contractor to the Government after contract award. The reference provided in the Deliverables Table below represents the section of the Performance Work Statement (PWS) that outlines the requirement specifically. The “Deliverable / Format” column represents the title/type of the item or product due and what format it shall be provided. The “Frequency/Due Date” column is when it is the responsibility of the Contractor to deliver the item to the COR, or other designated representative as specified in the referenced requirement section. Deliverable dates noted below are estimates. Any change to these dates must be approved by the COR or CO in writing.

Deliverables Table http://www.ecmra.mil/ http://www.ecmra.mil/

PWS Reference Deliverable / Format Frequency / Due Date

Task 1

4.4 Market Analysis Briefing – On-

Site at DLA

Once per year for three (3) hours minimum

4.4 Market Analysis After Action

Report

Within 14 days after Market Analysis Briefing

Task 2

4.5.1 Economic Survey Assessment

Report – Written report

Annually per ISO/RTO

4.5.1.1 Market Survey - Written report

(see Exhibit A- Electricity Forecast Summary)

Annually per ISO/RTO

4.5.1.2 Competition Assessment Report

– Written report

One annual report for PJM market and one report every two years for each acquisition within ISONE, ERCOT and MISO markets

4.5.1.3 Strategy to Increase Contractor

Participation - Written report

One annual report for PJM market and one report every two years for each acquisition within ISONE, ERCOT and MISO markets

4.5.2 Solicitation Assessment –

Written report

One annual report for PJM market and one report as needed/requested for each acquisition within ISONE, ERCOT and MISO markets

4.5.2.1 RFP Recommendation Report –

Written report

Report for PJM market and report for each acquisition within ISONE, ERCOT and MISO markets as requested

4.5.3 Invoice Review As requested

4.5.4 Consultation/Guidance – Phone

Call/EMail

As requested; 14 calendar days to complete

PWS Reference Deliverable / Format Frequency / Due Date

4.5.4.1 Technical Assistance – Phone

Call/EMail

As requested; 14 calendar days to complete

4.5.4.2 Documentation of Exceptions –

Written Report

As requested

4.5.4.3 Negotiation Objectives As requested

4.5.4.4 Rate Adjustments/Termination –

Written Report and Meeting Minutes

As requested, NLT 5 business days after negotiation session

4.6 Post Award Conference No later than (NLT) 5 business days after contract award

5.1 Travel - Receipts As required, IAW JTR with each trip

6.0 DoD Manpower Reporting

Requirement

Annually, NLT 10/31/XX

8.0 Place of Performance:

Task 1 (Firm Fixed Price Services): The Market Analysis Briefing shall be held at DLA Energy, McNamara Headquarters Complex, 8725 John J. Kingman Rd., Ft. Belvoir, VA 22060, unless otherwise approved by the CO. Contractor’s travel to and from Ft. Belvoir, VA is included in Contractor’s price.

Task 2 (Time and Material Services): The place of performance shall be at the Contractor’s facility. Contractor shall be available for meetings at DLA Energy, or other locations (CONUS) as required by the project contracting officers, when necessary. Any travel required in performance of this CLIN shall be approved by the CO or COR in writing prior to its occurrence, and charged to appropriate Travel CLIN.

Hours of Operation:

Contractor work schedules will coincide with the work schedules of Government employees working at DLA Energy, with minimum availability from 0800-1630 EST (Eastern Standard Time) on Government workdays. Normal duty days shall be Monday through Friday, excluding Government-observed holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

Announcements on the status of Government operations in the Washington, DC, area will be available at http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/currentstatus.

Recorded messages on operating status also will be provided by OPM’s Office of Communications on (202) 606-1900. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed. This schedule will facilitate coordination with Government http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/currentstatus personnel. With appropriate advance approval from the CO, hours outside of these normal working hours may be authorized. The following is a list of Federal holidays where the Government will be closed:

New Year’s Day Labor Day Martin Luther King, Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

9.0 SECURITY

9.1 Use of cameras, video recorders, voice recorders and computers will require authorization by installation security personnel while at DLA Energy. The Contractor and subcontractor personnel must be aware of anti-terrorism requirements and consult with installation security as to those restrictions if site visits are required.

9.2 All Contractor employees must meet the requirements for an information technology (IT) non-critical sensitive level background investigation. A DD 2875 System Authorization Access Request (SAAR) Form will be required for access to DLA IT resources.

9.3 Contractor will need a Common Access Card (CAC) if the Contractor will be working on-site or if the Contractor will be working off-site but will be making frequent trips to DLA Energy. Any individual nominated to work under this PWS must have the ability to pass a background investigation to obtain a DLA Contractor Badge and a CAC for access to Government computer systems. Contractors using Government-furnished equipment are subject to the same terms and conditions of use as Government employees.

9.4 DLA Energy retains the right to request removal of contractor personnel, regardless of prior clearance or adjudication status, whose actions, while assigned to this contract, clearly conflict with the interests of the Government.

9.5 The Contractor employee badges shall be worn and clearly displayed on the outer garment at all times while on Government premises. Lost badges shall be immediately reported to the DLA Security Officer. The Contractor shall ensure all badges are returned to the DLA Security Office on resignation, termination of employee, or end of the performance period.

9.6 Work on this project may require that personnel have access to privacy and other sensitive information. Personnel shall adhere to the Privacy Act, Title 5 of U.S. Code, Section 552a, the Procurement Integrity Act, and any other applicable statutes, regulations and policies.

9.7 Contractor personnel shall not divulge or release privacy data or information developed or obtained in the performance of this contract, until made public or specifically authorized by the Government. Contractor personnel shall be required to sign non-disclosure agreements. The Contractor shall not use, disclose, or reproduce third part data, other than as authorized and required by the CO, in the performance of this contract.

10.0 GOVERNMENT-FURNISHED PROPERTY (GFP)/INFORMATION (GFI)

10.1 Government-Furnished Property - DLA Energy will ensure adequate access to resources and information to accomplish the mission. While at the McNamara Headquarters Complex in furtherance of performing the contract, the Government will provide the Contractor the facilities necessary to perform the annual briefing to DLA Energy employees in accordance with the limitations set forth herein.

10.2 Government-Furnished Information - The Government will provide copies of, or access to, required Government directives, publications and documentation upon request and at the demonstrated need of the Contractor. The Contractor must ensure protection, through completed non-disclosure statements, of the integrity and sensitivity of the information provided by DLA Energy or collected from any other source while performing under this requirement. All documents and technical data provided to the Contractor during the performance of this contract are considered confidential and shall not become property of the Contractor, unless specifically authorized by DLA Energy.

10.3 Request for (additional) Government Furnished Property and Services must be submitted in writing to the COR and will be responded to by the Government within 30 calendar days of receipt. Except for those items specifically stated in this section, the Contractor shall furnish everything required to perform the services in this contract.

11.0 QUALITY CONTROL- The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective and unsatisfactory services. The Contractor‘s quality control program is the means to which the Contractor can quantifiably ensure compliance to the requirement of the resultant contract.

12.0 QUALITY ASSURANCE-

12.1. The Government reserves the right to perform inspections and surveillance to evaluate the Contractor’s compliance to the contract terms and performance of the requirements in the PWS.

The Government will make every effort to ensure that the surveillance methods described below are conducted in an objective, fair, and consistent manner.

12.2 Periodic Surveillance. This action occurs when the COR or other Government official observes the Contractor’s performance on a periodic basis. Surveillance may be increased or decreased depending on the level of non-conformances or deficiencies noted during monthly surveillance.

12.3 Customer Complaint Surveillance. This action is instituted when the COR receives a complaint from a stakeholder regarding the Contractor’s service. The COR will conduct an investigation to determine its validity. If the complaint is deemed valid, the COR will immediately notify the CO for action. The COR will notify both the Contract Manager (described in section 14.2 below) and the complainant of the Government’s response to their complaint.

12.4 Non-conformance/deficiency. Examples of Contractor’s non-conformance, unsatisfactory performance, and/or deficiency in service include evidence of accidents, incidents, and/or delays.

Regardless of where in the line-of-duty the COR observes these events, he/she has an obligation to document and report the event to the CO. Minor non-conformances identified during periodic surveillance may be documented informally between the COR and the Contractor via e-mail.

Repeat non-conformances, customer complaints or major non-conformances will be documented in writing on a Contract Discrepancy Report (CDR).

12.5 Contract Discrepancy Report (CDR). In the event of unsatisfactory contractor performance, the COR or CO will issue a CDR that will explain the circumstances and findings concerning the incomplete, unsatisfactory, deficient, and/or non-conforming service provided by the Contractor.

The Contractor shall acknowledge receipt of the CDR and respond in writing as to how the unacceptable performance will be corrected and avoided in the future within five (5) business days. The Government will review the Contractor's CDR and corrective action response to determine acceptability and will use any completed CDR as part of an overall evaluation of Contractor performance when determining present or future contractual actions.

13.0 CONTRACTOR EMPLOYEE

13.1 The Contractor must not employ persons for work on this contract if such an employee is considered by the COR to be a potential threat to the health, safety, security, general well-being, or operational mission of any installation and its population. Personnel shall be a United States citizen.

13.2 The Contractor must not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest.

13.3 The Contractor must speak, read and write the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

14.0 KEY CONTRACTOR PERSONNEL

14.1 Certain skilled/experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract. These are defined as "key personnel".

14.2 CONTRACT MANAGER/SENIOR ECONOMIST: The Contractor must provide a Contract Manager who must be responsible for the performance of the work. The name of this person, and an alternate or alternates, who must act for the Contractor when the Contract Manager is absent, must be designated in writing to the CO. The Contract Manager or alternate has full authority to act for the Contractor on all contract matters relating to the operation of this contract. The Contract Manager must be available during normal business hours, unless otherwise stated.

14.3 Resumes must be provided for key personnel that will be utilized during the Contractor’s performance.

14.4 The Contract Manager, alternate, and Senior Economist shall have at least fifteen (15) years of experience, with twenty (20) years preferred, in the electricity industry and be knowledgeable in the areas specified. Other key personnel shall have at least five (5) years in the electricity industry, with ten (10) years preferred and be knowledgeable in the areas specified. Other key personnel are contract employees that are responsible for supporting the Contract Manager in performance of contract requirements (non-administrative functions).

14.5 Contract Manager/Senior Economist shall have a Masters Degree in Business, Finance/ Economics-related field, with a Doctorate of Philosophy (PhD) in Business, Finance/Economics-related field preferred. This Masters degree requirement can be satisfied by the following degrees: Masters of Science in Finance (MSF), Master of Business Administration (MBA), or Masters of Economics (MSE, MAE). The Doctorate of Philosophy (PhD) in a Business, Finance or Economics-related field, is preferred but not required. Other key personnel shall have at least a bachelor‘s degree in Business, Finance/Economics-related field. NOTE: Degree(s) shall be from an accredited higher education degree program as recognized by the Council for Higher Education Accreditation (CHEA), in order to meet the minimum degree requirement(s).

14.6 The Contractor shall have demonstrated the skills and experience of compiling reports, metrics data, and other administrative functions, and shall have experience in building and maintaining effective working relationships with a wide array of Government personnel and organizations. The Contract Manager shall have demonstrated experience with contract management, with experience with federal government contracts preferred.

14.7 The Contractor shall understand the roles of the utility distribution company, independent system operators, power exchanges, private utility service providers, and power marketing administrations and how the interplay of these roles may affect contract terms, performance and administration.

14.8 The Contractor shall not remove or replace any personnel designated as key personnel for this Contract (including the option years), without the written concurrence of the CO. This notification shall be no later than two (2) weeks (14 calendar days) in advance of any proposed substitution and shall include justification and labor category of proposed substitution(s) in sufficient detail to permit evaluation of the impact on contract performance. If immediate substitution is necessary due to unforeseen circumstances such as illness, death, or termination of employment, the Contractor shall notify the CO/COR within three (3) business days after the occurrence of any of these events. The Contractor must provide a detailed explanation of the circumstances necessitating the proposed substitutions, provide complete resumes for the proposed substitutes, and provide any additional information requested by the COR at that time.

The COR through the CO should notify the Contractor of the acceptability of the substitutes within three (3) business days after receipt of all required information. Substitute personnel qualifications shall be greater than or equal to the personnel being substituted. If the CO determines that (1) suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming , or (2) the resultant substitution would be so substantial to impair the successful completion of the contract or contract in accordance with the proposal accepted by the Government at the time of contract award, the CO may (i) terminate the contract for default or for convenience of the Government, as appropriate, or (ii) terminate the contract at his/her discretion, and if the he/she finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss, or damage.

15.0 TECHNICAL DIRECTION

15.1 The designated COR is the only other person aside from the CO able to provide technical direction on contract performance to the Contractor. Technical direction from the COR includes:

15.2 Direction to the Contractor which assists him in accomplishing the PWS or performance of the work; and Comments on and approval of reports or other deliverables.

15.3 When the individual providing technical direction is not the CO, he does not have the authority to issue technical direction that—

15.3.1 Institutes additional work outside the scope of the contract;

15.3.2 Constitutes a change as defined in the CHANGES clause;

15.3.3 Causes an increase or decrease in the estimated cost of the contract;

15.3.4 Alters the period of performance; or

15.3.5 Changes any of the other express terms or conditions of the contract.

15.4 A Contractor following such unauthorized direction may be found in breach of contract and may not be reimbursed for increased costs resulting therefrom. Only a CO may authorize changes to the contract PWS.

16.0 ACRONYMS AND DEFINITIONS

Acronyms and Definitions

CO Contracting Officer

CONUS Inside the continental United States

COR Contracting Officer Representative

CPARS Contractor Performance Assessment Reporting System

DoD Department of Defense

ERCOT Electric Reliability Council of Texas

FAR Federal Acquisition Regulation

FTR/JTR Federal Travel Regulations/Joint Travel Regulations

GFE Government Furnished Equipment

GFI Government Furnished Information

ISO Independent System Operator

ISONE Independent System Operator – New England

LH Labor Hour

MISO Midcontinent Independent System Operator

MSR Monthly Status Report

OCI Organizational Conflict of Interest

OCONUS Outside the continental United States

PM Project Manager

PMP Project Management Professional

PPIRS Past Performance Information Retrieval System

PRS Performance Requirements Summary

QASP Quality Assurance Surveillance Plan

SME Subject Matter Expert

SOP Standard Operating Procedures

LMP Local Marginal Price

REC Renewable Energy Certificate

DLA Energy Electricity Program Approximately 8 distinct regions whereby DLA Energy provides contract support for roughly 10 different solicitations within CONUS). See Exhibit X for a complete list of Programs, and a complete list of ISOs the DLA Energy’s Electricity Program currently participates in.

17.0 PERFORMANCE REQUIREMENTS SUMMARY

The service requirements are summarized into performance objectives that relate directly to mission-essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. Periodic meetings will discuss progress/requirement shortcomings and how to correct those issues/shortcomings.

Performance Objective PWS Paragraph Performance Threshold Method of Surveillance

Provide written reports of competitive electrical supply acquisitions

4.2 Accurate Reports are

delivered 100% of the time

100% review by the COR

Provide a written Economic Survey Assessment Report

4.5 Accurate Reports are

delivered 100% of the time

100% review by the COR

Provide a written Market Survey Report

4.5.1 Accurate Reports are

delivered 100% of the time

100% review by the COR

Provide a Competition Assessment Report

4.5.2 Accurate Reports are

delivered 100% of the time

100% review by the COR

Develop strategy to increase Contractor participation for Renewable Acquisitions

4.5.1.3 Accurate Reports are

delivered 100% of the time

100% review by the COR

Provide Solicitation Assessment Report

4.5.2 Accurate Reports are

delivered 100% of the time

100% review by the COR

Provide Proposal Recommendation Report

4.5.2.1 Recommendations are

provided 100% on time when requested

100% review by the COR

Invoice Review 4.5.3 Invoice reviews are provided 100% on the time when requested

100% review by the COR

Provide Electricity/Renewable/Utility

Consultation guidance

4.5.4 Guidance is provided

100% on time when requested

100% review by the COR

Provide Technical Assistance prior to a negotiation session, modification or solicitation

4.5.4.1 Technical Assistance is

provided 100% on time when requested

100% review by the COR

Provide documentation of Vendor Exceptions

4.5.4.2 Documentation of

Vendor Exceptions is provided 100% on time when requested

100% review by the COR

Analyze existing contracts and develop negotiation strategies

4.5.4.3 Negotiation strategy is

provided 100% on time when requested

100% review by the COR

Provide Rate Adjustments/Termination Reports

4.5.4.4 Rate

Adjustments/Termination Reports are provided 100% on time when requested

100% review by the COR

17.0 PERFORMANCE REQUIREMENTS SUMMARY