SPE600-14-R-0410_-_PJM_Large_2014_Amendment_0005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE600 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60014R0410

X

2014 JUL 25

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, X is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

11/14/2014

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

SPE600-14-R-0410 Amendment 0005 PJM Large 2014 Page 2 of 2

Solicitation

1. The following accounts are hereby removed from the solicitation:

Line Item 0011 – National Institutes of Health accounts:

- 2018394110

- 2011268857

2. The Standard Form 1449 is hereby amended to reduce the total estimated quantity by 8,816,250 kWh from 3,781,046,387 to 3,772,230,137 kWh.

3. Clause B1.08 – Supplies to Be Furnished, Paragraph (b) has been amended reflect the removal of National Institutes of Health accounts 2018394110 and 2011268857, and to correct the following EBS Line Item Numbers:

- Line Item 0006 has been corrected from DC Naval Research Laboratory to Argonne National Laboratory

- Line Item 0007 has been corrected from Argonne National Laboratory to DC Naval Research Laboratory

4. Clause B1.08 – Supplies to Be Furnished, Note 10 has been amended to read as follows:

NOTE 10: Network Integrated Transmission Service (NITS) shall be based on the account’s Network Transmission Service Obligation and be a direct pass-through to the Government.

PJM’s Transmission Enhancement Charge (TEC) and Regional Transmission Expansion Planning Process (RTEP) charges shall be treated as a direct pass-through to the Government.

Installation Data Sheet

5. The Installation Data Sheet has been amended to reflect the removal of National Institutes of Health accounts 2018394110 and 2011268857.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000025564

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-14-R-0410

5. SOLICITATION NUMBER

2014 JUL 25

6. SOLICITATION ISSUE

DATE

Donette Lowe PVEFEAQ

a. NAME

Phone: 703-767-9431

b. TELEPHONE NUMBER (No Collect calls)

2014 AUG 25

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

221112NAICS:

750SIZE 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)

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

Electricity and ancillary services, for ultimate transfer to DoD and Federal Civilian facilities located in the District of Columbia, Illinois, Maryland, Virginia, Ohio, and Pennsylvania (PJM ISO).

(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

03:00 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

3,772,230,137 kWh

FEA9082

Highlight

PJM Large 2014

Table of Contents

PART I – THE SCHEDULE

SECTION A – SOLICITATION/ CONTRACT FORM

SECTION B – SUPPLIES TO BE FURNISHED

B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY) (JAN 2012)

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (DLA ENERGY) (JAN 2012)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H800 NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY) (DLA ENERGY) (FEB 2013)

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (ELECTRICITY) (TAILORED) (DLA ENERGY)

(JUL 2013)

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

COMMERCIAL ITEMS (FAR) (JUN 2014)

52.216-1 TYPE OF CONTRACT (FAR) (APR 1984)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DFARS) (JUN 2012)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DFARS) (MAY 2013)

52.212-9002 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS

APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DLAD)(APR 2014)

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY) (JAN 2012)

I800 ELECTRICITY ORDERING PROCEDURES (DLA ENERGY) (FEB 2002)

I84.02 REQUIREMENTS (ELECTRICITY) (DLA ENERGY) (JAN 2012)

I820 ELECTRICITY REGULATORY CHANGES (DLA ENERGY) (JAN 2012)

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

SECTION J – LIST OF 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 / ALTERNATE I (FAR) (JUL 2013)

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY) (APR 2007)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (APR 2014)(TAILORED)

52.215-9002 SOCIOECONOMIC PROPOSAL (DLAD) (FEB 2012)

52.215-9023 REVERSE AUCTION (DLAD) (OCT 2013)

L2.07-02 EVIDENCE OF RESPONSIBILITY (ELECTRICITY) (DLA ENERGY) (JUN 2014)

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY) (OCT 2010)

L803 INSTRUCTION TO OFFEROR, REVERSE AUCTION PRICING (MAY 2014)

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION – COMMERCIAL ITEMS (ELECTRICITY) (TAILORED) (DLA ENERGY) (JAN 1999)

M800 PRICE EVALUATION (ELECTRICITY) (DLA ENERGY) (JAN 2012)

PART I – THE SCHEDULE

SECTION A – SOLICITATION/ CONTRACT FORM

NOTE 1: 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 the 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.

NOTE 2: The Government reserves the right to not consider any exceptions to the stated solicitation requirements received before or after the due date of technical offers.

NOTE 3: A date for the receipt of prices will be established via a future amendment to be issued after offer due date defined on the Standard Form 1449.

SECTION B – SUPPLIES TO BE FURNISHED

B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY) (JAN 2012)

(a) The contract quantities shown below are best estimates based on historical data only of the Government’s requirements for the contract period. The Contractor shall supply and deliver electricity and any ancillary services required in the STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) contract provision. Contract performance shall be accomplished in accordance with the terms and conditions of this contract.

(b) As used throughout this solicitation/contract, kW means kilowatt; kWh means kilowatt-hour; and UDC means Utility Distribution Company. Below are the acronyms and full names of each utility service area, public utility commission, the applicable NERC region, and those NERC Regions that border the applicable NERC Region.

Applicable NERC Region: PJM

Utility Service Region:

JCP&L Jersey Central Power and Light PEPCO Potomac Electric Power Company BG&E Baltimore Gas and Electric FES First Energy DBA Potomac Edison AEP Ohio American Electric Power Ohio PP&L Pennsylvania Power and Light DQE Duquesne Light ComEd Commonwealth Edison Company

(c) The Government is soliciting offers for supply and transmission of electricity and ancillary services for the following locations:

EBS Line Item Numbers

Location / Installation Name Number of Accounts Delivery Period Total Delivery

Period Quantity

0001 Marine Barracks 3 12/2014 – 12/2016 20,987,462

0002 Building 6000, Bolling AFB 1 12/2014 – 12/2016 124,573,020

JB Myer – Henderson Hall (Myer)

1 12/2014 – 12/2016 78,400,000

JB Myer – Henderson Hall (McNair)

3 12/2014 – 12/2016 48,199,888

0005 Walter Reed 1 12/2014 – 6/2015 9,560,284

0006 Argonne National Laboratory 1 01/2015 – 01/2017 241,596,788

0007 DC Naval Research Laboratory 1 12/2014 – 12/2016 612,158,572

0008 US Army Corps of Engineers 17 12/2014 – 12/2016 299,306,688

0009 National Agricultural Library 1 12/2014 – 12/2016 9,462,640

0010 Site 6910 1 12/2014 – 12/2016 64,911,000

0011 National Institutes of Health 4 12/2014 – 12/2016 29,450,564

0012 Fort Detrick – Forest Glen 3 12/2014 – 12/2016 3,142,488

0013 Fort Detrick 3 12/2014 – 12/2016 386,923,596

0014 Fort Meade 277 12/2014 – 12/2016 219,931,854

0015 VA MD Health Care System 1 12/2014 – 12/2016 43,346,800

0016 Loch Raven 5 12/2014 – 12/2016 7,091,766

0017 MD Naval Research Laboratory 1 12/2014 – 12/2016 20,493,900

0018 Maryland Procurement Office 3 12/2014 – 12/2016 945,024,100

Johns Hopkins Applied Physics Laboratory

1 12/2014 – 12/2016 11,270,800

0020 CSSG 1 12/2014 – 12/2016 23,850,400

DLA Installation Support Columbus

1 12/2014 – 12/2016 110,559,002

0022 Carlisle Barracks 2 12/2014 – 12/2016 59,125,000

0023 DLA Distribution Susquehanna 3 12/2014 – 12/2016 143,599,606

0024 Bettis Atomic Power Laboratory 2 12/2014 – 12/2016 99,757,408

0025 Tobyhanna Army Depot 1 12/2014 – 12/2016 125,380,000

0026 Department of Defense 1 12/2014 – 12/2016 8,388,600

0027 Catoctin Mountain Park 1 12/2014 – 12/2016 25,737,912

Total 340 3,772,230,137

d) The Government is soliciting offers for a 24-month delivery period (from meter read date occurring in December 2014 to the meter read date occurring in December 2016) for all line items except 0005 Walter Reed and 0007 Argonne National Laboratory. Argonne National Lab is being solicited for the period from the meter read date occurring in January 2015 to the meter read date occurring in January 2017). Walter Reed is being solicited for a 6-month delivery period (from meter read date occurring in December 2014 to the meter read date in June 2015). Walter Reed is on the Base Realignment and Closure (BRAC) List and the tentative date for the closure is June 2015.. Specifics for each line item are provided with each individual Installation Data Sheet. The information includes: (1) Line Item Number, (2) Location, (3) UDC, (4) Current Tariff Rate, (5) Utility Account Number; (6) Contract Performance Period, (7) Monthly

Consumption and Demand Data; and (8) Interval Data.

(e) The Government is soliciting offers for firm-fixed-price, requirements type basis for electricity supply. Prices shall also include capacity, ancillary services, losses and Independent System Operator/Regional Transmission Organization fees (all retail supply costs), transmission loss credits, and auction revenue rights credits to the point of receipt as specified in this solicitation.

(f) Offerors may submit prices on all, some or none of the line items contained in the solicitation and may do so on a stand-alone basis and/or as one or more combinations of all-or-none offers (see Attachment III).

NOTE1: Reliability Must Run (RMR) charges shall be handled as a direct pass-through with no additional markup to the Government.

NOTE 2: For purposes of this provision, the term “contract line items” is defined as installations. If an offeror is submitting pricing for an installation, they must submit pricing for all accounts identified within the installation. Award will be issued on an installation basis.

NOTE 3: The definitions for symbols (s) Summer, (sp) Summer Peak, (sf) Summer Off Peak, (ns) Non- Summer, (nsp) Non-Summer Peak and (nsf) Non-Summer Off Peak are to be consistent with language set for by the applicable utility.

NOTE 4: Offerors may submit prices based on the Requirements clause (Load Following).

NOTE 5: FOR LINE ITEM 0007 ARGONNE NATIONAL LABORATORY ONLY:

Contractor shall use Attachment III – Argonne Pricing Sheet to submit a price proposal on Argonne National Lab (ANL).

Contractor shall provide Firm Fixed Price for the Energy component, including ancillary costs, marginal loss credits, auction revenue rights credits, deration, and the Renewable Energy Certificate (REC) component. The Contractor shall pass-through transmission, capacity, Commonwealth Edison Company (ComEd) distribution losses and the minimum Alternative Compliance Payment (ACP) required by the Illinois Renewable Portfolio Standard (RPS).

*The Fixed Energy offer shall include all other retail supply costs not specifically identified. Contractor shall provide a different Fixed Energy rate for Peak Hours and Off-Peak Hours (weighted average price will not be accepted). Peak and off-peak hours are based on ComEd’s definition of Retail Peak Period and Retail Off-Peak Period in its terms and conditions. Retail Peak Period is defined as 9AM to 10PM, Monday through Friday, except on days designated as holidays by the NERC. Retail Off-Peak Period is defined as all hours other than those included in the Retail Peak Period. These definitions will remain in effect during the term of this contract.

*The Illinois RPS – The Contractor shall provide documentation indicating compliance with IL’s RPS under a resultant contract award for ANL. The RPS compliance shall be satisfied through the purchase of RECs and the IL ACP program. RPS costs associated with the ANL account shall be handled as follows:

• In compliance with Illinois state RPS requirements, offerors shall fix the REC rate for the 24-month period of this contract. REC rates will be evaluated against current market rates.

• The Alternative Compliance Payments (ACP) shall be treated as a direct pass-through under any contract resulting from this procurement. The ACP will be reimbursed at a rate of 50% of the ACP on 100% of the customer’s energy consumption. The ComEd ACP for the 2014/2015 planning year (June 1, 2014 – May 31, 2015) is $1.8917/MWh. Expressed as a formula:

Current ACP Rate (kWh) x 50% x ANL Monthly Usage (kWh)

The Government will work with the selected Contractor if changes to the IL RPS occur, specifically the ACP payment, during the contract period.

The costs associated with state RPS compliance are to be expressed as a per-kWh charge, applicable to the account and distributed over the calendar year. Pursuant to FAR 52.212-5(d), the Government has the right to audit the price quotes or other information submitted by the Contractor.

NOTE 6: Fort Meade only:

Due to ongoing privatization efforts, new accounts will be added periodically during contract period of performance as new meters are installed by BGE. It is not anticipated that the overall load for this installation will increase as a result of the additional meters. New accounts will be added in accordance with Clause C800 STATEMENT OF WORK/SPECIFICATIONS, Paragraph (j) ADDING FUTURE

ACCOUNTS.

NOTE 7: Building 6000:

An ESPC project is currently underway which will impact Line Item 0002, Building 6000. At the completion of construction, energy consumption will decrease by approximately 10% due to conservation measures and onsite renewable electricity generation. Construction is underway and anticipated to be complete by 2nd quarter FY16.

NOTE 8: The following locations participate in the PJM Emergency Load Response Program:

See Installation Data Sheet for additional information.

Customer

State kW Enrollment

Carlisle Barracks PA 1138 / 215 kW DLA Distribution Susquehanna PA 3613 kW Bldg 6000, Bolling AFB DC 1,142 kW Marine Barracks DC 208 kW Maryland Procurement Office MD 6000 kW

NOTE 9: Costs related to FERC Order 745 shall be a direct pass-through with no markup.

NOTE 10: Network Integrated Transmission Service (NITS) shall be based on the account’s Network Transmission Service Obligation and be a direct pass-through to the Government. PJM’s Transmission Enhancement Charge (TEC) and Regional Transmission Expansion Planning Process (RTEP) charges shall be treated as a direct pass-through to the Government.

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (DLA ENERGY)

(JAN 2012)

(a) STATEMENT OF WORK. The Contractor shall supply electricity and any ancillary services required to deliver electricity to the point of delivery and for the scheduling and coordination of the delivery of electricity to the service point for each account under the contract. All quantities ordered by the Government shall be considered firm and guaranteed for delivery by the Contractor to the delivery point, and for scheduling and coordinating, for ultimate delivery to the service point for each account.

Charges incurred as a result of the Contractor's failure to abide by the terms of the applicable Retail Access rules and/or the UDC Service Agreement shall be the responsibility of the Contractor. With the exception of any and all transmission and distribution related charges payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor's failure to perform in accordance with the contract), the Contractor is responsible for all costs associated with deliveries to the delivery point and the scheduling and coordination for delivery of electricity to the service point for each account under the contract. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the nondelivery of the firm requirements in accordance with paragraphs (f) and (m) of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause.

(b) INVOICE AND PAYMENT.

The Government will utilize Dual Billing for any and all applicable awards made under this solicitation.

All costs associated with billing shall be included in the offered price. The Government will not pay any additional charges for billing services. In addition to the requirements set forth in FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS Paragraph (g), each contractor invoice shall include the following information:

(1) Installation name, Line Item, and individual account information (Account Number, Meter Number, and Service Location)

(2) Billing period for each account

(3) Total energy charge (broken down by energy charges and demand charges) account in a manner consistent with RES/UDC arrangements and PUC/PSC/ICC requirements.

(4) All information required by the PUC/PSC/ICC to be included on customer invoices.

NOTE 1: If a Contractor is unable to issue a bill based on actual meter reading due to the failure of the UDC to obtain or transmit a meter reading to the Contractor, the Contractor may issue a bill based on an estimated reading fifteen (15) calendar days following the meter read date for the affected account. The Contractor must inform the customer of the reason for the issuance of the estimated bill, and the Government reserves the right to obtain documentation relating to the efforts taken by the Contractor to obtain the meter read data. For estimated billing purposes, the estimate of usage provided by the UDC shall be used first. If no such UDC estimate is available, the Contractor shall use the relevant monthly consumption data (as the estimate) included in the applicable Installation Data Sheet, adjusted for the number of days. All estimated bills shall be trued up on the next billing cycle.

The following two notes concern Maryland Procurement Office accounts ONLY:

NOTE 2: REQUIREMENTS FOR MPO'S LOAD SERVING ENTITY (LSE)

The term "Dedicated Facilities Project" shall refer to an approximately 2.2 mile double circuit 230 kV wholesale electric transmission line and appurtenant facilities located in and about NSAW's Ft. Meade, Maryland campus that are owned by Baltimore Gas and Electric Company (BGE) and operated by PJM International, L.L.C. (PJM).

In its May 18, 2012 Order in Docket No. ER12-306-000, the Federal Energy Regulatory Commission (FERC) accepted revisions to Attachment H-2A of the PJM Open Access Transmission Tariff (PJM OATT) to reflect a dedicated facilities charge applicable to the Dedicated Facilities Project. Any agreement entered into between MPO and a LSE for service to the NSAW's Ft. Meade, Maryland campus shall include a requirement that the LSE comply with the terms and conditions of the PJM OATT and pay all applicable PJM tariff charges approved by the FERC, including, but not limited to, all charges related to the Dedicated Facilities Project and the abandonment of the Dedicated Facilities Project, and a requirement to execute any agreements with PJM or other third-parties, including, but not limited to, BGE, that may be necessary to effectuate these obligations.

The LSE shall timely pay to PJM the full amount of all invoices that it receives from PJM, including, but not limited to, invoices that include charges related to the Dedicated Facilities Project and charges related to the abandonment, in full or in part, of the Dedicated Facilities Project. Additionally, the LSE shall also immediately deliver to PJM the full amount of any and all additional payments made by MPO to its LSE in excess of the charges related to the Dedicated Facilities Project that appear on the invoices that MPO periodically receives from its LSE, provided that such additional payments also relate to the Dedicated Facilities Project and are noted as such by MPO.

All charges related to the Dedicated Facilities Project shall be invoiced by the LSE to MPO as a separate line item identified as "Dedicated Facility Charge".

NOTE 3: All of MPO’s invoices shall be submitted using the Electronic Invoicing internet website at:

www.nsa.gov/business/programs/electronic_invoicing.shtml.. Access to the electronic invoicing website requires an External Certificate Authority/Interim External Certificate Authority (ECA/IECA) PKI certificate. Information on purchasing an ECA/IECA PKI certificate is available on the internet at:

http://iase.disa.mil/pki/eca/index.html

Once an ECA/IECA certificate has been obtained, contact the Electronic Commerce Office at (410) 854- 5445 to setup an account. Additional information can be obtained by contacting the Electronic Commerce office at the above number.

Each invoice line shall have a valid Contract Line Item Number (CLIN), and Accounting Classification Reference Number (ACRN). ACRN shall be provided at time of award. Failure to include this information will result in the automatic rejection of the invoice. Further, an invoice not properly allocated or not properly submitted shall be considered an improper invoice under the Prompt Payment Act.

(c) METERING AND METER READING SERVICES. Will be provided by the incumbent UDC for each account.

(d) SCHEDULING AND SUPPLY MANAGEMENT. It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the time period specified herein. The Contractor shall be responsible for supply management and overall coordination of production, transmission, and distribution of electrical power to the service point of each account identified in the contract. As such, the Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract. The Government will not pay any costs associated with the Contractor's failure to deliver electrical power at the delivery point sufficient to meet the demand at the service point of each account under the contract or to schedule and coordinate for the delivery of electricity to each service point.

(e) RECORD KEEPING. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Access or a spreadsheet format compatible with Microsoft Excel. These records shall be made available to DLA Energy or to any party designated by to DLA Energy as authorized to request this data. In the event that the Contractor maintains records on demand and consumption data in addition to that required to bill in accordance with the utility tariff, said data shall also be made available to DLA Energy or to any party designated by to DLA Energy as authorized to request this data. The Contractor shall provide (or make available) to DLA Energy or to any party designated by to DLA Energy , interval data (for those accounts with an interval meter) in Microsoft Excel format, on a monthly basis throughout the entire delivery term of any resultant contract.

(f) ORDERING. Orders shall be made in accordance with the ELECTRICITY ORDERING PROCEDURE contract provision.

(g) POINT OF DELIVERY. For this solicitation and any resulting contract, the delivery point for each account is defined as an interconnect with the UDC owned or controlled transmission or distribution systems.

(h) SERVICE POINT. For this solicitation and any resulting contract, the service point is defined as the meter(s) indicated for each account awarded as described in Attachment III.

(i) SPECIFICATIONS. The electricity provided under this contract shall conform to the tariff of the transmitting and/or distributing utility at the delivery point(s) specified in the Schedule.

(j) ADDING FUTURE ACCOUNTS. It is possible that additional accounts not included in the solicitation may be added to the resultant contract(s). In that event, the Government will provide the Contractor with the facility’s electric requirement (if available) and the two parties shall enter into good faith negotiations to determine a price. A bilateral modification will be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H800 NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY) (DLA ENERGY)

(FEB 2013)

The Contractor shall use commercially reasonable efforts to provide the Contracting Officer with written notice (email notifications are acceptable) received by the Contractor of any relevant changes to the transportation tariff/rate or the scheduling of a tariff/rate hearing that would reasonably be expected to have impact on the installations within a commercially reasonable time frame (five business days).

Failure of the Contractor to comply with this provision shall not be grounds for termination for cause.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(ELECTRICITY) (TAILORED) (DLA ENERGY) (JUL 2013).

NOTE 1: INSTRUCTIONS HAVE BEEN TAILORED TO BE MORE CONSISTENT WITH

COMMERCIAL PRACTICE. ALL OTHER INSTRUCTIONS INCLUDED IN FAR 52.212-4 (MAY

2014) ARE HEREBY INCORPORATED BY REFERENCE (SEE BLOCK 27A OF STANDARD

FORM 1449)

(f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or transmission failure. An excusable delay or similar event suffered by an independent service operator (ISO) (or an equivalent of an ISO) or a utility distribution company (or electric distribution company or transmission distribution services provider) shall constitute an excusable delay hereunder. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly provide notice to the Contracting Officer of the cessation of such occurrence. Upon delivery of notice of the occurrence of an excusable delay, the obligations of the Contractor shall be suspended to the extent affected by such excusable delay.

(k) TAXES .

(1) The contract price includes all applicable Federal, State, and local taxes and duties in effect at contract signing.

(2) After-imposed Federal, State, or local tax, as used in this DLA Energy FAR Tailored clause, means any new or increased Federal, State, or local excise tax or duty, or tax that was exempted or excluded on the contract award date but whose exemption was later revoked or reduced, or whose computation was later changed during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax, income tax, or other employment taxes. The contract price shall be increased by the amount of any after-imposed Federal, State or local tax, provided the Contractor warrants, in writing, that no amount for such newly imposed Federal, State, or local excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(3) After-relieved Federal, State, or local tax, as used in this DLA Energy FAR Tailored clause, means any amount of Federal, State, or local excise tax or duty that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax, income tax, or other employment taxes. The contract price shall be decreased by the amount of any after-relieved Federal, State, or local tax.

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE

(1) In accordance with all applicable state and local distribution company regulations, the Government reserves the right to terminate this contract with respect to any or all contract quantities, for its sole convenience. In the event of such termination, the Contractor shall cease deliveries hereunder with respect to such terminated contract quantities on the first allowable date subsequent to such termination according to the applicable tariff sheets of the local distribution company. The Contractor shall cause any and all of its suppliers and subcontractors to cease work related to this contract prior to the date and time specified by the Government for the termination. Subject to the terms and conditions of this contract, the Contractor shall be paid for electricity delivered under the contract prior t the date and time specified by the Government for the termination of any or all contract quantities plus any additional energy the Contractor is required to deliver for the Government’s account under applicable location distribution company tariff sheets.

(2) In the event of a termination for convenience, the Government shall pay the Contractor the termination value, if positive, calculated by the following formula:

Requires Buyer Fill-in: Specify the applicable Termination for Convenience formula(s) based on the type of contract(s) being solicited.

(i) Firm Fixed Price:

A = Σ (B - C)*D

Where-- A = Termination value.

B = Award price for each usage period for each season.

C = Forward market bid price, defined herein.

D = Contract quantity for each usage period for each season (based on data listed in the Installation Data Sheets).

(A) If the termination value on the date of termination is negative, the Contractor shall not be entitled to any payment.

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

(C) In the event that the Government elects to terminate on a date other than the end of a month or at the end of the summer/non-summer season, as defined by applicable local distribution company and tariff, the estimated remaining contract quantity will be calculated by prorating the partial month or partial season of service.

(D) In the event of a termination for convenience, the Government’s liability shall be limited to the termination value calculated in accordance with the provisions of this DLA Energy FAR Tailored clause.

(m) TERMINATION FOR CAUSE. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) TITLE. Title to the electricity supplied by the Contractor under this contract shall pass to the Government upon delivery at the delivery point specified in the Schedule. The Contractor warrants that the electricity delivered to the Government under this contract will be free and clear of any liens, claims and encumbrances arising prior to delivery at the delivery point specified in the Schedule.

(o) WARRANTY. The Contractor warrants and implies that the electricity delivered hereunder conforms to the tariff of the transmitting and/or distributing utility at the delivery point specified in the Schedule.

(p) LIMITATION OF LIABILITY. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for any consequential, special, incidental, punitive, exemplary or indirect damages or other business interruption damages except to the extent caused by a contractor’s or its agent’s gross negligence or willful misconduct.

(q) OTHER COMPLIANCES. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations applicable to its performance under this contract.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (FAR) (JUN 2014)

(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) (Public Laws 108-77, 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:

[Contracting Officer check as appropriate.] _ X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

_ X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (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).

X_ (10) 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_ (12) 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_ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

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

___ (iv) Alternate III (July 2010) of 52.219-9.

X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

X_ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

X_ (46) 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_ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 (May 2014) (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 Labor Standards (May 2014), (41 U.S.C. chapter 67).

(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 Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 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, Requirements Type contract resulting from this

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DFARS) (JUN 2012)

Note: Applicable to Line Items 0001 Marine Barracks, 0010 Site 6910, 0023 DLA Distribution Susquehanna, and 0025 Tobyhanna Army Depot only.

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input.

Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the

Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes…