Official_RFP_-_SPE60013R0405.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000007054

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-13-R-0405

5. SOLICITATION NUMBER

2013 MAR 05

6. SOLICITATION ISSUE

DATE

Christopher Boeding PVEFEA7

a. NAME

Phone: 703-767-9651

b. TELEPHONE NUMBER (No Collect calls)

2013 APR 04

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE600

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

424720NAICS:

4 Million MWhSIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

DO-

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

27PAGE 1 OF

12:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

fae9141 Typewritten Text fae9141 Typewritten Text

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location) fae9141 Typewritten Text fae9141 Typewritten Text

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 3 OF 27

Continuation of SF1449, Block 8:

TECHNICAL DATA & FINAL PRICING PROPOSAL:

Due by 12:00 p.m., local Fort Belvoir, VA time on April 4, 2013.

1. STANDARD FORM (SF) 1449,

2. SUPPLEMENTAL DATA (ATTACHMENT I),

3. PAST PERFORMANCE (ATTACHMENT II),

4. FINAL PRICING (ATTACHMENT III),

5. OFFER REPRESENTATIONS AND CERTIFICATIONS (SECTION K),

6. AUTHORIZED NEGOTIATORS LIST (SECTION K),

7. SOCIOECONOMIC PROPOSAL,

8. ABILITYONE COMMITMENT,

9. PROVIDE A LIST OF ANY EXCEPTIONS TO THE SOLICITATION

NOTE 1: Prospective Offerors, DLA Energy has recently implemented an Enterprise Business System (EBS) that has a contracting writing functionality we are being required to use. We understand that this format is different than what you are accustomed to seeing from a DLA Energy solicitation. This procurement system is still undergoing modifications to work out known issues. We would appreciate any feedback you have about the new structure of the solicitation. Please provide these with your offer submission. If there are issues with the formatting that would cause you not to offer, please also indicate those concerns. We are aware that there are some clauses included in the Request for Proposal (RFP) that are not applicable to any resultant contract award. Unfortunately, due to system restrictions we are currently unable to remove these. These clauses are identified below: 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL

(WPM) (FEB 2007) DLAD 52.211-9011 BUSINESS SYSTEMS MODERNIZATION (BSM) DELIVERY TERMS AND

EVALUATION (NOV 2011) DLAD.

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

Therefore, to minimize the risk of a “late” offer, offerors submitting their offers via electronic commerce are strongly encouraged whenever possible to transmit their offers not later than 5:00 p.m. one day prior to the solicitation closing.

NOTE 3: All exceptions to the solicitation must be received with the Technical Data & Final Pricing Proposal. The

Government reserves the right NOT to accept exceptions received after the Technical Data & Final Pricing Proposal due date.

TO VIEW ANY FEDERAL ACQUISITION REGULATION (FAR), OFFERORS MAY USE THE FOLLOWING

WEBSITE: http://farsite.hill.af.mil/VFFARA.HTM

For all Small Business issues, please e-mail desc.duoffice@dla.mil or call the Small Business Director at (703) 767-9465 or a

Small Business Specialist at (703) 767-9400.

http://farsite.hill.af.mil/VFFARA.HTM mailto:desc.duoffice@dla.mil

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 4 OF 27

PART I – THE SCHEDULE

SECTION B – SUPPLIES TO BE FURNISHED

B1.08-1 SUPPLIES TO BE FURNISHED (ELECTRICITY) (RENEWABLE ENERGY CERTIFICATES)

(DLA ENERGY JAN 2012)

(a) The quantities shown below are the Government’s requirements for the contract period. The Contractor shall furnish all

Renewable Energy Certificates (RECs) as defined in the STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (RENEWABLE

ENERGY CERTIFICATES) clause. Contract performance shall be accomplished in accordance with the terms and conditions of this contract.

(b) As used throughout this solicitation/contract, kWh means kilowatt-hour and REC means Renewable Energy Certificate, otherwise referred to as Renewable Energy Credits, Tradable Energy Certificates, or Green Tags.

(c) The Government is soliciting offers for RECs for U.S. Maritime Administration, Department of Energy (DOE) – Fermi, U.S. Department of the Interior (DOI), NASA Johnson Space Center, Indian Health Services (IHS) – OKC, Department of Homeland

Security Immigration and Customs Enforcement (DHS ICE), National Institute of Standards and Technology (NIST), U.S. Patent and

Trade Office (USPTO), Volpe National Transportation Center (VNTC), Argonne National Laboratory (ANL), IHS – HQ, Customs and

Border Protection (CBP), U.S. Coast Guard (USCG), Food and Drug Administration (FDA), and Environmental Protection Agency (EPA):

INSTALLATION/FACILITY

LINE

ITEM

TYPE

QUANTITY/

kWh

U.S. Maritime Administration 1145a Sources Online after 1/1/1991** 7,000,000

1145b Sources Online after 1/1/1999* 7,000,000

DOE Fermi 1700d Sources Online after 1/1/1999* 29,000,000

U.S. Department of the Interior 1153a Sources Online after 1/1/1999* 17,500,000

NASA Johnson Space Center 4808ac Sources Online after 1/1/1991** 6,750,000

4808ab Sources Online after 1/1/1999* 6,750,000

Indian Health Services – OKC 4091b Sources Online after 1/1/1999* 2,000,000

Department of Homeland Security

Immigration & Customs Enforcement

4840a Sources Online after 1/1/1991** 1,315,000

4840b Sources Online after 1/1/1999* 1,315,000

National Institute of Standards and

Technology

2491a Sources Online after 1/1/1991** 7,250,000

2491b Sources Online after 1/1/1999* 7,250,000

USPTO 5160a Sources Online after 1/1/1999* 6,000,000

Volpe National Transportation Center

2555a Sources Online after 1/1/1991** 101,000

2555b Sources Online after 1/1/1999* 101,000

2555c Sources Online after 1/1/1991** 110,000

2555d Sources Online after 1/1/1999* 110,000

Argonne National Laboratory 1705a Sources Online after 1/1/1991** 12,000,000

1705b Sources Online after 1/1/1999* 12,000,000

Indian Health Services – HQ 2420a Sources Online after 1/1/1991** 6,150,000

2420b Sources Online after 1/1/1999* 9,200,000

Customs and Border Protection 1800a Sources Online after 1/1/1991** 4,055,000

1800b Sources Online after 1/1/1999* 4,055,000

U.S. Coast Guard

0710a Sources Online after 1/1/1991** 6,000,000

0710b Sources Online after 1/1/1999* 6,000,000

0710c LEED*** 250,000

0710d LEED*** 250,000

Food and Drug Administration 2404a Sources Online after 1/1/1991** 2,750,000

2404b Sources Online after 1/1/1999* 2,750,000

Environmental Protection Agency

1150d

LEED***

(From Wind Sources) 20,000,000

1150e

LEED***

(From Biomass Sources ) 10,000,000

1150f

LEED***

(From Landfill Gas Sources) 10,000,000

*NOTE 1: In accordance with Executive Order 13423, defined as RECs from wind, solar, geothermal, landfill gas, biomass and hydroelectric (RECs from hydroelectric facilities must come from new hydroelectric generation capacity achieved from increased

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 5 OF 27 efficiency or additions of new capacity at an existing hydroelectric plant) renewable facilities that have commenced operation on or after

January 1, 1999.

**NOTE 2: In accordance with Executive Order 13423, defined as RECs from wind, solar, geothermal, landfill gas, biomass and hydroelectric (RECs from hydroelectric facilities must come from new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric plant) renewable facilities that have commenced operation on or after

January 1, 1991.

***NOTE 3: Must meet the US Green Building product certification requirements.

NOTE 4: Each type of Renewable Energy Certificate being offered for the above line items must be specified individually on the

Attachment III.

(d) The Government is soliciting offers for the following delivery dates:

One Time Delivery Period:

Delivery Date 1 May 2013:

INSTALLATION/FACILITY LINE ITEM

U.S. Maritime Administration 1145a

1145b

DOE Fermi 1700d

U.S. Department of the Interior 1153a

NASA Johnson Space Center 4808ac 4808ab

Indian Health Services – OKC 4091b

Department of Homeland Security Immigration & Customs Enforcement 4840a 4840b

National Institute of Standards and Technology 2491a

2491b

USPTO 5160a

Volpe National Transportation Center

2555a

2555b

2555c

2555d

Argonne National Laboratory 1705a

1705b

Indian Health Services – HQ 2420a

2420b

Customs and Border Protection 1800a

1800b

Food and Drug Administration 2404a

2404b

Environmental Protection Agency

1150d

1150e

1150f

Two Year Delivery Period:

Deliveries shall be scheduled on: 1 May 2013 and 1 May 2014

INSTALLATION/FACILITY

LINE

ITEM

DELIVERY PERIOD

U.S. Coast Guard

0710a 6,000,000 kwh delivered 1 May 2013

0710b 6,000,000 kwh delivered 1 May 2013

0710c 250,000 kwh delivered 1 May 2013

0710d 250,000 kwh delivered 1 May 2014

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 6 OF 27

(e) The Government is soliciting offers on a firm fixed price basis for RECs.

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 7 OF 27

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C802 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (RENEWABLE ENERGY CERTIFICATES)

(DLA Energy JAN 2012)

(a) STATEMENT OF WORK. The Government is seeking the purchase of Renewable Energy Certificates (RECs) for the facility listed in the SUPPLIES TO BE FURNISHED (ELECTRICITY) (RENEWABLE ENERGY CERTIFICATES) contract provision.

All offerors must provide RECs that meet the requirements as specified below:

U.S. Maritime Administration Line Item 1145a, NASA Johnson Space Center Line Item 4808ac, Department of Homeland

Security Immigration and Customs Enforcement (DHS ICE) Line Item 4840a, National Institute of Standards and Technology

(NIST) Line Item 2491a, Volpe National Transportation Center (VNTC) Line Items 2555a and 2555c, Argonne National

Laboratory (ANL) Line Item 1705a, IHS – HQ Line Item 2420a, Customs and Border Protection (CBP) Line Item 1800a, U.S.

Coast Guard (USCG) Line Item 1710a, and Food and Drug Administration (FDA) Line Item2404a.

The Government will accept RECs from wind, solar, geothermal, landfill gas, biomass and hydroelectric (RECs from hydroelectric facilities must come from new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric plant) renewable facilities that have commenced operation on or after January 1, 1991.

U.S. Maritime Administration Line Item 1145b, Department of Energy (DOE) – Fermi Line Item 1700d, U.S. Department of the

Interior (DOI) Line Item 1153a, NASA Johnson Space Center Line Item 4808ab, Indian Health Services (IHS) – OKC Line Item

4091b, Department of Homeland Security Immigration and Customs Enforcement (DHS ICE) Line Item 4840b, National Institute of Standards and Technology (NIST) Line Item 2491b, U.S. Patent and Trade Office (USPTO) Line Item 5160a, Volpe National

Transportation Center (VNTC) Line Items 2555b and 2555d, Argonne National Laboratory (ANL) Line Item 1705b, IHS – HQ

Line Item 2420b, Customs and Border Protection (CBP) Line Item 1800b, U.S. Coast Guard (USCG) Line Item 0710b, Food and

Drug Administration (FDA) Line Item 2404b.

The Government will accept RECs from wind, solar, geothermal, landfill gas, biomass and hydroelectric (RECs from hydroelectric facilities must come from new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric plant) renewable facilities that have commenced operation on or after January 1, 1999.

U.S. Coast Guard Line Items 0710c and 0710.

The RECs being procured are for LEED Certification for the USCG for a 2 year delivery period (see invoice schedule). All RECs must meet the criteria outlined by the U.S. Green Building products certification requirements.

Environmental Protection Agency Line Items 1150d, 1150e and 1150f.

The Government will accept RECs from Wind, Biomass, and Landfill Gas renewable resource facilities. All RECs must meet the criteria outlined by the US Green Building products certification requirements.

(b) RENEWABLE ENERGY CERTIFICATE VINTAGE. For the purpose of this solicitation/contract, qualifying RECs must be generated in accordance with the following tables:

DELIVERY YEAR 2013:

Volpe National Transportation Center (VNTC) Line Items 2555a and 2555b.*

Preceding 6 months Calendar Year Following 3 months

01 July 2011 – 31 December 2011 01 January 2012 – 31 December 2012 01 January 2013 – 31 March 2013

The delivery date is 1 May 2013. The contract year for the delivery date, specified in the Invoice Schedule is defined in the table above.

All RECs to be supplied must be generated during the 6-month period immediately preceding the calendar year, the calendar year and/or the three month period immediately following the calendar year. *Note: The VNTC Line Items 2555a and 2555b are to meet EO 13423 and EPACT 2005 Goals for 2012 and must be generated in accordance with the above schedule.

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 8 OF 27

U.S. Maritime Administration Line Items 1145a and 1145b; Department of Energy (DOE) – Fermi Line Item 1700d; U.S.

Department of the Interior (DOI) Line Item 1153a; NASA Johnson Space Center Line Items 4808ac and 4808ab; Indian Health

Services (IHS) – OKC Line Item 4091b; Department of Homeland Security Immigration and Customs Enforcement (DHS ICE)

Line Items 4840a and 4840b; National Institute of Standards and Technology (NIST) Line Items 2491a and 2491b; U.S. Patent and

Trade Office (USPTO) Line Item 5160a; Volpe National Transportation Center (VNTC) Line Items 2555c and 2555d; Argonne

National Laboratory (ANL) Line Items 1705a and 1705b; IHS – HQ Line Items 2420a and 2420b; Customs and Border Protection

(CBP) Line Items 1800a and 1800b; U.S. Coast Guard (USCG) Line Items 0710a, 0710b and 0710c; Food and Drug Administration

(FDA) Line Items 2404a and 2404b; and Environmental Protection Agency Line Items 1150d, 1150e, and 1150f.

01 July 2012 – 31 December 2012 01 January 2013 – 31 December 2013 01 January 2014 – 31 March 2014

The delivery date is 1 May 2013. The contract year for the delivery date, specified in the Invoice Schedule is defined in the table above.

All RECs to be supplied must be generated during the 6-month period immediately preceding the calendar year, the calendar year and/or the three month period immediately following the calendar year.

DELIVERY YEAR 2014:

U.S. Coast Guard Line Item 0710d.

01 July 2013 – 31 December 2013 01 January 2014 – 31 December 2014 01 January 2015 – 31 March 2015

The delivery date is 1 May 2014. The contract year for the delivery date, specified in the Invoice Schedule is defined in the table above.

All RECs to be supplied must be generated during the 6-month period immediately preceding the calendar year, the calendar year and/or the three month period immediately following the calendar year.

(c) VERIFICATION. An independent third party verification audit is required for this contract, whereas independent means the third party has no commercial interest in the sale of the RECs. All offerors must provide a verification plan that will be utilized under any resultant contract, which is subject to DLA-ENERGY’s approval. At a minimum, the verification shall include an annual audit report, performed by a Certified Public Accountant, within 30 calendar days after the end of the delivery period. In the event additional time is required in order to submit the annual audit report, please indicate the number of days required on Attachment I. Any exceptions to the 30 calendar day requirement will be subject to DLA-ENERGY’s approval. The audit report shall focus on the following areas of reporting as identified below:

(1) An affidavit attesting that the REC product content for the past calendar year was sufficiently generated in order to meet the quantity, renewable type, vintage and on-line date identified in the contract specifications.

(2) An affidavit that--

(i) The offeror has not sold and will not sell the renewable power twice (as either a renewable power product or as a

REC product), and in the case of a reseller that purchases a wholesale product for retail sale, reasonable measure are taken to ensure that suppliers also do not sell renewable power more than once;

(ii) The seller has transferred to the Requisite Customer (or has permanently retired on behalf of the Requisite

Customer) the right to all emission reduction credits/allowances directly attributable to the generating unit from which the RECs are based and to which the generator is entitled, without the emission credits/allowances having been sold off separately and/or used for compliance with any local, state, or Federal Government regulatory requirement. At a minimum, NOx, SOx, and greenhouse gas credits/allowances must be transferred or retired on behalf of the Requisite Customer.

(iii) The offeror has not sold and will not sell any emission allowances/credits, or other environmental attributes associated with renewable power/RECs; and

(iv) The renewable power/REC that is used to fulfill the requirement of this solicitation are also not being used and will not be used to meet any Federal, state, or local renewable energy requirement, renewable energy procurement, renewable portfolio standard, or other renewable energy mandate.

(v) The Contractor will forward the third party verification audit report to the purchaser and note any contract deficiencies.

The Contractor shall also provide the Requisite Customer with an Attestation Form, Attachment V (as required in Section

2b), with its invoicing, from the Renewable Generator and the REC Provider.

(d) INVOICE AND PAYMENT. All invoicing shall be based on the awarded amount for each line item awarded for the

RECs delivered to the Government during the appropriate delivery period identified. Please refer to the Schedule as listed in Part I (1), Supplies To Be Furnished, paragraph (d). For intermittent resources, the Contractor shall only invoice for those RECs that have been generated and delivered to the Government. A true-up period will commence at the end of the performance period to ensure the total contracted quantity has been generated and transferred to the Government. The Contractor may only invoice for charges allowed under the terms and conditions of the contract.

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 9 OF 27

Prior to payment of the invoice, Renewable Energy Certificate of Transfer (Attachment IV) and the Attestation Forms

(Attachment V) completed by both the REC Provider and the Generator shall be submitted.

NOTE: Customs and Border Protection (Line Items 1800a and 1800b), Food and Drug Administration (Line Items 2404a and

2404b), Department of Homeland Security Immigration and Customs Enforcement (Line Items 4840a and 4840b) and Volpe

National Transportation Center (Line Items 2555a, 2555b, 2555c, and 2555d) intend to make payment through use of a Government

Credit Card.

(1) For the purposes of this contract, the address designated to receive invoices, in accordance with paragraph (g) of the

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, shall be--

PRIMARY: TO BE PROVIDED

AT TIME OF AWARD

WITH COPY TO: DLA- ENERGY

ATTN: CHRIS BOEDING

8725 JOHN J. KINGMAN ROAD, SUITE 3827

(2) For the purposes of this contract, the payment to which reference is made in paragraph (i) of the CONTRACT

TERMS AND CONDITIONS – COMMERCIAL ITEMS clause refers to the payment made by the Government against the Contractor’s invoice.

(e) RECORD KEEPING. The Government reserves the right to validate source and transaction history, as indicated in (a) above, in order to verify the certification process utilized and to ensure proper reporting of the sale of renewable certificates under any resultant contract. The Contractor must meet all applicable Federal, State, and local documentation requirements necessary to successfully complete any contract. These records shall be made available to DLA ENERGY or to any party designated by DLA ENERGY as authorized to request this data.

(f) RENEWABLE ENERGY CERTIFICATE OWNERSHIP. Title of RECs and all environmental attributes, including any attendant emission credits, shall pass to the Government at the time of receipt of invoice.

(g) POINT OF DELIVERY. For this solicitation and any resulting contract, the delivery point for all documentation shall be--

PRIMARY: TO BE PROVIDED

AT TIME OF AWARD

WITH COPY TO: DLA- ENERGY

ATTN: CHRIS BOEDING

8725 JOHN J. KINGMAN ROAD, SUITE 3827

FORT BELVOIR, VIRGINIA 22060

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 10 OF 27

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (FAR, Jan 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

X (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

X (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011)

(if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

X (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

X (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31

U.S.C. 3332).

X (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at

52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR

Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 11 OF 27

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

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-

64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-1 TYPE OF CONTRACT (FAR, Apr 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (FAR, Apr 1984)

Funds are not presently available for performance under this contract beyond September 30, 2013. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2013, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DFARS, Dec 2012)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) X 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

(Section 847 of Pub. L. 110-181).

(23) X 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10

U.S.C. 2227).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L.

110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).

(2) 252.227-7013, Rights in Technical Data—Noncommercial Items (FEB 2012), if applicable (see

227.7103-6(a)).

(3) 252.227-7015, Technical Data—Commercial Items (DEC 2011), if applicable (see 227.7102-4(a)).

(4) 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see

227.7102-4(c)).

(5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section

1038 of Pub. L. 111-84).

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 12 OF 27

(6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of

Pub. L. 108-375).

(7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010)

(Section 884 of Pub. L. 110-417).

(8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C2631).

(9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FAR, Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/VFFARA.HTM

52.204-7 CENTRAL CONTRACTOR REGISTRATION (FAR, Dec 2012)

52.227-1 AUTHORIZATION AND CONSENT (FAR, Dec 2007)

52.232-18 AVAILABILITY OF FUNDS (FAR, Apr 1984)

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM)

(FAR, Feb 2007)

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL (DFARS

DEVIATION 2012-O0007) (Mar, 2012)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DFARS

DEVIATION 2012-O0004) (Jan, 2012)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DFARS, Dec 2006) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://farsite.hill.af.mil/VFFARA.HTM

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 13 OF 27

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

SECTION J – LIST OF ATTACHMENTS

Attachment I – Supplemental Data Form

Attachment II – Experience with Customers

Attachment III – Pricing

Attachment IV – REC Certificate of Transfer

Attachment V – Attestation Forms

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 14 OF 27

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS – COMMERCIAL ITEMS (FAR, Dec 2012)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C.

1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and https://www.acquisition.gov/

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 15 OF 27

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13

CFR Part 121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications

Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

https://www.acquisition.gov/

Contract Clauses, Provisions, and Schedule SPE600-13-R-0405 PAGE 16 OF 27

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its…