SPE600-16-R-0415.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000050255

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-16-R-0415

5. SOLICITATION NUMBER

2016 SEP 02

6. SOLICITATION ISSUE

DATE

Bafour Asante and Clare Sanchez

a. NAME b. TELEPHONE NUMBER (No Collect calls) Phone: Bafour:703-767-4411 Clare: 703-767-4373

2016 OCT 03

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:

750 EmployeesSIZE 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

FOB UDC INTERCONNECT

(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

12:00 PM Eastern

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

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)

New York Request for Proposal SPE600-16-R-0415

Table of Contents

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 E –INSPECTION AND ACCEPTANCE

SECTION G – CONTRACT ADMINISTRATION DATA

ADMINISTRATIVE POINTS OF CONTACT:

SECTION G, TABLE 1 – ADMINISTRATIVE POINTS OF CONTACT:

SECTION H—SPECIAL CONTRACT REQUIREMENTS

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

SECTION I – CONTRACT CLAUSES

52.204-7 System for Award Management (FAR JUL 2013) ADDENDA TO FAR 52.212-4 IN ACCORDANCE WITH FAR SUBPART 12.302 (d) (MAY 2015) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FAR)(JUN 2016) 52.216-1 TYPE OF CONTRACT (FAR) (April 1984)

52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR)(FEB 1998)

52. 252-2 -- CLAUSES INCORPORATED BY REFERENCE (FAR)(FEB 1998)

52.252-3 ALTERATIONS IN SOLICITATION (FAR) (APR 1984)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (FAR) (APR 1984)

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

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

I800 ELECTRICITY ORDERING PROCEDURES (DLA ENERGY FEB 2002)

I801 ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD BANDWIDTH (DLA ENERGY AUG 2002) (REV)

I820 ELECTRICITY REGULATORY CHANGES (DLA ENERGY JAN 2012)

I821 HOLDOVER CONTRACT LINE ITEM NUMBER (CLIN) (ELECTRICITY) (DLA ENERGY) (MAY 2015)

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

15.204-4 LIST OF ATTACHMENTS (FAR) (OCT 2015)

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.209-5 -- CERTIFICATION REGARDING RESPONSIBILITY MATTERS (FAR)(Oct 2015)

52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (FAR)(JUL 2013)

52.212-3/I OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FAR) (JUL 2016) – ALTERNATE I (OCT 2014)

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

SECTION L – INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

ADDENDA TO FAR 52.212-1 IN ACCORDANCE WITH FAR SUBPART 12.302 (d) (OCT 2015)

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

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

ADDENDA TO FAR 52.212-2 IN ACCORDANCE WITH FAR SUBPART 12.302 (Oct 2014)

SECTION A—SOLICITATION/CONTRACT FORM

SF 1449, Page 1, CONTINUATION of BLOCK 8 Offer Due Date:

This date refers only to the NON-PRICE proposal requirements of this Request for Proposal (herein known as “RFP or Solicitation”) Offerors SHALL submit all Non-Price Proposal elements and all other REQUIRED documents pursuant to SECTION L of this RFP. Please refer to 52.212-1(f) to completely understand what constitutes a “timely” submission.

QUESTIONS IN REGARDS TO THIS SOLICITATION MUST BE SUBMITTED IN WRITING VIA E-MAIL to the contact in Block 7a BY SEPTEMBER 14, 2016 at 12:00pm Eastern. Government answers will be provided via Amendment.

PRICE PROPOSAL DUE DATE: (see Section L and Section M for Price Instructions and Evaluation).

The Government will utilize the Reverse Auction Pricing Tool, Procurex, in accordance with DLAD 52.215-9023

REVERSE AUCTION (OCT 2013).

The Procurex on-line pricing tool only accepts up to five (5) decimal places beyond the decimal point.

BLOCK 10

For all questions concerning Small Business, please e-mail: dla.energy.osbp@dla.mil

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) Acronyms used throughout this solicitation/contract are as follow: kilowatt (kW), kilowatt-hour (kWh), Utility

Distribution Company (UDC), North American Electric Reliability Corporation (NERC). 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: Northeast Power Coordinating Council Inc.

Applicable Independent Service Operator: New York ISO (NYISO)

Public Utility Commission (PUC): New York Public Service Commission

Utility Service Region: NGrid – National Grid

Central Hudson – Central Hudson Gas and Electric NYSEG – New York State Electric and Gas Corporation

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

Table 1- Supplies to be Furnished:

mailto:dla.energy.osbp@dla.mil

Contract Line Item Number

(CLIN)

Location / Installation Name Number of

Accounts

Estimated Quantity in kWh

Installation Data Sheet Name(s)

0001 Custom Border Protection 7 2,388,215

See Attachment I Combined Installation Data Sheet.xlsx

0002 Department of Labor-Cassadaga Job Corp Center 5 2,580,102 0003 Department of Labor-Iroquois Job Corp Center 1 2,953,928 0004 Knolls Atomic Power Laboratory 6 156,551,812 0005 Department of Energy-West Valley 21 22,466,532 0006 Department of Labor-Delaware Job Corp Center 6 3,419,634 0007 Stewart Air National Guard Base 1 21,795,246 0008 Holdover TBD In accordance with

I821 Holdover Contract Line Item

TOTAL ESTIMATED QUANTITY 212,155,469

(d) The Government is soliciting offers for a 24-month delivery period for all locations (from meter read date occurring in December 2016 to the meter read date occurring in December 2018). Specifics for each line item are provided in Attachment I Combined Installation Data Sheet. The information may include: (1) Line Item Number; (2) Location; (3) Local Electric Utility; (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 and Requirements Type basis for electricity. Firm Fixed Prices shall include the following charges: all retail supply costs to the point of receipt as specified in the solicitation.

i. Offered unit prices shall include all costs attributed to meeting state Renewable Portfolio Standards (RPS) in effect at contract signing.

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 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause.

(b) INVOICE AND PAYMENT. FAR 52.212-4 (g) is incorporated by reference as it is a mandatory commercial clause. However, although the purchase of electricity is entirely commercial, the billing of electricity does not squarely fall into the reasonable requirements the Government mandates for other commercial products to be invoiced. Under the authority of FAR 52.215-8 Order of Precedence, the Government’s explicit invoice and payment instructions in C800 supersedes FAR 52.212-4(g).

The Government will utilize/allow Consolidated UDC Billing only for CLINs 0001, 0004, and 0007. The contractor must submit all invoice information to the appropriate UDC under the terms of the applicable Retail Access Rule, in accordance with terms of its UDC Service Agreement. All invoicing shall be based on metered quantities at the service point for each account. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with Consolidated UDC Billing shall be the responsibility of the Contractor and shall be included as part of the offered price.

The Government will utilize/allow Dual Billing only for CLINs 0002, 0003, 0005, and 0006. All invoicing shall be based on meter quantities at the service point for each account. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with billing shall be the responsibility of the Contractor and shall be included as part of the offered price. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual Billing. 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 for Dual Billed accounts, if available from the UDC:

(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)

(4) Charges for services broken out in detail for each account in a manner consistent with the terms and conditions of the contract and the applicable PUC requirements.

(5) All information required by the applicable PUC to be included on customer invoice.

(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 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 DLA Energy as authorized to request this data. The Contractor shall provide (or make available) to DLA Energy or to any party designated by 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 PROCEDURES 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 I – Combined Installation Data Sheet.

(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 E –INSPECTION AND ACCEPTANCE

The offeror shall comply with FAR 52.246-2, Inspection of Supplies (Fixed Price) and FAR 52.246-16, Responsibility for Supplies.

SECTION G – CONTRACT ADMINISTRATION DATA

ADMINISTRATIVE POINTS OF CONTACT:

The following Government personnel are the administrative points of contact:

SECTION G, TABLE 1 – ADMINISTRATIVE POINTS OF CONTACT:

Contract Specialist(s): Email: Phone:

Bafour Asante bafour.asante@dla.mil (703) 767-4411 Contracting Officer: Email: Phone:

Clare Sanchez Clare.Sanchez@dla.mil (703) 767-4373

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 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 (fifteen business days). Failure of the Contractor to comply with this provision shall not be grounds for termination for cause.

Email notification is acceptable, provided it includes the specific tariff change (via cut and paste) and its effective date.

SECTION I – CONTRACT CLAUSES

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

(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

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

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

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

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

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

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

http://fedgov.dnb.com/webform

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

ADDENDA TO FAR 52.212-4 IN ACCORDANCE WITH FAR SUBPART 12.302 (d) (MAY 2015)

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties (Reference FAR Subpart 43.103 for information on types of Contract Modifications).

(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, acts of the Government in either its sovereign or contractual capacity, 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, or caused by the PJM Interconnection, LLC (PJM) (or an equivalent) or Utility (see Section B, Table 1) (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 give written 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.

If a gross receipt tax is applicable to electricity deliveries under this contract, the Contractor shall invoice the tax separately as a pass-through item. Invoice requirements are expressed in Section B, Clause B1.08 (e), and Section C, Clause C800 (a) and (b). If awarded, a copy of the state(s) sales tax exemption will be distributed.

(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 to 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:

(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).

https://www.acquisition.gov/

(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 the applicable NYISO zone where the installation is located 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 the tailored clause FAR 52.212-4.

(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, in accordance with FAR 52.249-8-Default, (using procedures in FAR 49.402-3 Procedures for Default & FAR 49.607 Delinquency Notices); 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 located in DLA Energy Text B1.08. 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, Contractor shall 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 that of its agent) gross negligence or willful misconduct.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FAR)(JUN 2016)

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

(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:

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

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

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (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 (Oct 2015) (31 U.S.C. 6101 note).

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

2313).

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

_X_ (ii) Alternate I (Oct 2001) 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_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

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

13496).

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

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X_ (50) 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 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 $700,000 ($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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Feb 2016) ) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (March 2016) (E.O. 13658).

(xvi) 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).

(xvii) 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.

(xviii) 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) (April 1984)

The Government contemplates award of a Firm Fixed Price, Requirements Type contract resulting from this solicitation.

52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR)(FEB

1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov//?q=browsefar DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

Regulatory Number Provision Title FAR 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (SEP

2007) FAR 52.204-5 Women-Owned Business (Other Than Small Business) (OCT 2014) FAR 52.204-16 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-17 Ownership or control of Offeror (July 2016) FAR 52.204-20 Predcessor of Offeror (July 2016) FAR 52.207-1 Notice of Standard Competition (MAY 2006) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov 2015) FAR 52.215-5 Facsimile Proposals (OCT 1997) FAR 52.222.22 Previous Contracts and Compliance Reports (Feb 1999) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran-Representation and Certifications (DEC 2012) FAR 52.233-2 Service of Protest (SEP 2006) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (DEVIATION) (DEC 2015) DFARS 252.204-7011 Alternative Line Item Structure (SEP 2011) DFARS 252.204-7012 Limitations on the Use or Disclosure of Third-Party Contractor Information (DEVIATION)(DEC

2015) DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System –

Statistical Reporting in Past Performance Evaluations (JUN 2015) DFARS 252.215-7008 Only One Offer (OCT 2013) DFARS 252.222-7007 Representation Regarding Combating Trafficking in Persons (JAN 2015) DLAD 52.211-9009 Non-Acceptability of Government Surplus Material (NOV 2011) DLAD 52.233-9000 Agency Protests (NOV 2011) https://www.acquisition.gov/?q=browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx http://www.acq.osd.mil/dpap/policy/policyvault/USA005505-15-DPAP.pdf

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):

FAR: https://www.acquisition.gov//?q=browsefar DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

Regulatory Number Clause Title FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (OCT 2010) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) FAR 52.204-13 System for Award Management Maintenance (JUL 2013) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (February 2016) FAR 52.209-12 Certification Regarding Tax Matters (February 2016) FAR 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) FAR 52.232-18 Availability Of Funds (APR 1984) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.247-34 F.O.B Destination (NOV 1991) FAR 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) DFARS 252.203-7003 Agency Office of the Inspector General (JAN 2015) DFARS 252.204-7000 Disclosure of Information (AUG 2013) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (DEC 2015) DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors (MAR 2014) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (NOV 2004) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (DEC 2014) DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program) (OCT 2014) DFARS 252.225-7012 Preference for Certain Domestic Commodities (FEB 2013) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic, and Native Hawaiian

Small Business Concerns (SEP 2004) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012) DFARS 252.244-7000 Subcontracts for Commercial Items (JUN 2013) DFARS 252.247-7023 Transportation of Supplies by Sea (APR 2014) DLAD 52.211-9014 Contractor Retention of Traceability Documentation (AUG 2012)

52.252-3 ALTERATIONS IN SOLICITATION (FAR) (APR 1984)

Portions of this solicitation are altered as follows:

(a) 52.212-1 Instructions to Offerors -- Commercial Items

(b) 52.212-2 Evaluation -- Commercial Items

(c) 52.212-4 Contract Terms and Conditions -- Commercial Items

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (FAR) (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter

12) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price discussions under this solicitation. If the Contracting Officer does not conduct a reverse auction, award may be made on the basis of initial offers or following discussions not using reverse auctioning as a pricing technique. If the Contracting Officer decides to use on-line reverse auctioning to conduct price negotiations, the Contracting Officer will notify Offerors of this decision and the following provisions will apply:

(a) The award decision will be made in accordance with the evaluation factors as set forth in the solicitation. The reverse on-line auction will be used as a pricing technique during discussions to establish the final offered prices from each Offeror. These prices will be used in conjunction with the evaluation factors stated elsewhere in the solicitation in order to make the award decision in accordance with the basis for award stated in the solicitation.

(b) Following the decision to conduct discussions using reverse auctioning as a pricing technique, the Contracting Officer or his/her representative will provide Offerors determined to be in the competitive range with information concerning the auction process.

(c) Prior to conducting the reverse auction, the Contracting Officer may hold discussions with the Offerors concerning matters appropriate for discussion, such as issues involving technical proposals or unbalanced pricing.

(d) Unless auction instructions indicate that only Offeror’s rankings will be displayed, the lowest Offeror’s price(s) for each round of the reverse auction will be disclosed to other Offerors and anyone else having authorized access to the auction. This disclosure is anonymous, meaning that each Offeror’s identity will be concealed from other Offerors (although it will be known to the Government; only a generic identifier will be used for each Offeror’s proposed pricing, such as “Offeror A” or “lowest-priced Offeror”). By submitting a proposal in response to the solicitation, Offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other Offerors, during the reverse auction.

(e) An Offeror’s final auction price at the close of the reverse auction will be considered its final price proposal revision. No price revisions will be accepted after the close of the reverse auction, unless the Contracting Officer decides that further discussions are needed and final price proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, or the Contracting Officer determines that it would be in the best interest of the Government to re-open the auction.

DLAD 52.211-9094 Preparation for Delivery (NOV 2012) DLAD 52.246-9039 Removal of Government Identification from Non-Accepted Supplies (NOV 2011) DLAD 52.246-9066 Documentation of Traceability (JAN 2009) DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) (FEB 2007)

(f) The following requirements apply when the Government uses a commercial web-based product to conduct the reverse auction:

(1) Each Offeror identified by the Contracting Officer as a participant in the reverse auction will be contacted by Defense Logistic Agency’s commercial reverse auction service provider to advise the Offeror of the event and to provide an explanation of the process.

(2) In order for an Offeror to participate in the reverse auction, such Offeror must agree with terms and conditions of the entire solicitation, including this provision, and agree to the commercial reverse auction service provider’s terms and conditions for using its service.