SPE60420R0401 - A0002.pdf

DLA Energy Request for Proposal for Electricity SPE60420R0401 Amend 0002 New England 2020

SECTION A—SOLICITATION/CONTRACT FORM

SECTION B – SUPPLIES TO BE FURNISHED

B802 LOCATIONAL MARGINAL PRICE (ELECTRICITY)

B806 CONTRACT PRICE CONVERSION (ELECTRICITY)

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY)

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H800 NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY)

SECTION I – CONTRACT CLAUSES

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

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

COMMERCIAL ITEMS

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS …………………………………………………………….15

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

52.216-1 TYPE OF CONTRACT

I84.02 REQUIREMENTS (ELECTRICITY)

I800 ELECTRICITY ORDERING PROCEDURES

I820 ELECTRICITY REGULATORY CHANGES

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND STATEMENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR) ......………………………………………………………….. 20

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

52.212-3/I OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS – ALTERNATE I

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY

FEDERAL OR STATE LAW

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW

K33.01 AUTHORIZED NEGOTIATORS

SECTION L – INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

L2.07-02 EVIDENCE OF RESPONSIBILITY (ELECTRICITY)

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

L800 INSTRUCTIONS TO OFFERORS (ELECTRICITY)

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION – COMMERCIAL ITEMS (ELECTRICITY) (TAILORED)

SECTION A—SOLICITATION/CONTRACT FORM

CONTINUATION OF SF 1449:

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 FAR Provision 52.212-1 Instructions, Conditions, And Notices To Offerors of this RFP. Please refer to 52.212-1(f) to completely understand what constitutes a “timely” submission.

The offerors pricing due date is March 3, 2020 at 10:00 Fort Belvoir Time. The Government intends to utilize the Reverse Auction Pricing Tool, Procurex, in accordance with DLAD Procurement Note L09 Reverse Auction (OCT 2016). The Procurex on-line pricing tool only accepts up to five (5) decimal places beyond the decimal point.

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:

SECTION B, TABLE 1 – UTILITY/REGION:

Applicable NERC Region:

Applicable

ISO/RTO:

Public Utility Commission: Utility:

NPCC:

Northeast Power Coordinating Council

ISO-New England

Massachusetts Department of Public Utilities Eversource Connecticut Department of Public Utility Control United Illuminating Maine Public Utilities Commission Central Maine Power Rhode Island Public Utilities Commission National Grid New Hampshire Public Utilities Commission Liberty

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

Contract

Line Item

Number

(CLIN)

Location/ Installation Name Number of Accounts

Estimated Quantity

Firm Fixed Price

(FFP) or Locational

Marginal Price

(LMP)

Installation Data Sheet Name(s)

0001 U.S. Army Reserves 99th RSC NH 3 3,272,186 FFP

Installation Data Sheet.xlsx

See Attachment I

0002 U.S. Army Reserves 99th RSC RI 6 888,808 FFP 0003 U.S. Army Reserves 99th RSC CT 11 3,182,502

FFP

0004 U.S. Army Reserves 99th RSC MA 12 7,619,430 FFP

0005 U.S. Army Reserves 99th RSC ME 4 549,880

0006 U.S. Coast Guard 15 6,197,078 FFP

0007 U.S. Coast Guard Academy 3 31,835,016 FFP

0008 Customs and Border Protection NH 2 63,996 FFP

Cold Regions Research and Engineering Laboratory 1

13,457,212

0010 Otis AFB 2 52,477,240 FFP

0011 Naval Station Newport 1 190,484,570 LMP 0012 Portsmouth Naval Shipyard 1 69,379,562 LMP

0013 Customs and Border Protection ME 11 1,108,684 FFP

0014 Devens Army Reserve Depot 1 1,258,440 FFP

TOTAL ESTIMATED QUANTITY 381,774,604kWh

Note: CLIN 0012 Portsmouth Naval Shipyard has cogeneration via 2 gas turbines, 5.2MW and 5.5MW.

During warm months one turbine is run, generating approximately 5MW. During cold months, both turbines are run and generate approximately 10MW.

Note 2: CLIN 0007 United States Coast Guard Academy has cogeneration via turbine, 1MW and 420kW solar array for their accounts. Turbine is expected to run all year with a semi annual shutdown for maintenance estimated to be 48 hours per shut down.

Note 3: CLIN 0005 99TH ME has two accounts that moved from cycle 2 to cycle 20 meter reads, which affects the meter read dates per the terms of the contract. To mediate, accounts 035014337063 and 035017124112 will be solicited for 25 months with meter read date in April 2020 to meter read date in May 2020.

(d) The Government is soliciting offers for a 24 month delivery period (meter read May 2020 through meter read May 2022). Specifics for each line item are provided with the attached Installation Data Sheet. The information includes: (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.

(e) The Government is soliciting offers for Firm Fixed Price, Requirements Type basis for electricity CLINs 0001-0010, 0013, and 0014. Prices shall also include capacity, ancillary services, losses and independent system operator/regional transmission organization fees including Reliability Must Run (RMR), Locational Forward Reserve (LFR) charges, and all RPS costs (all retail supply costs) to the point of receipt as specified in this solicitation. ISO-NE Winter Reliability Program costs will be treated as a pass through. The Government is soliciting offers for Firm Fixed Price, Requirements Type utilizing Locational Marginal Price (LMP) basis for electricity for CLINs 0011 Naval Station Newport and 0012 Portsmouth Naval Shipyard, (See B802).

(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. For purposes of this DLA Energy Provision, the term “contract line items” is defined as installation. If an offeror submits pricing for an installation, they must submit pricing for all accounts identified within the installation.

(g) The Government is soliciting unit prices consistent with and reflecting the structure established in the applicable tariffs.

B802 LOCATIONAL MARGINAL PRICE (ELECTRICITY) (DLA ENERGY) (JAN 2009)

Note 1: Applicable to CLIN 0011 Naval Station Newport and CLIN 0012 Portsmouth Shipyard ONLY

The total amount charged by the Contractor (for accounts listed in Attachment I-A0002 Installation Data Sheet) each month shall equal the sum of the following components, consisting of a Transaction Fee that is fixed and therefore not subject to true-up or pass-through, an ENERGY charge that represents a pass-through of actual energy market charges as set forth below, and various OTHER MARKET CHARGES as set forth and described below that shall provide for pass-through of various cost elements or credits at cost:

(a) ENERGY. For each hour of the month, the Government shall pay the Contractor the product of the DAY-AHEAD Locational Marginal Price (LMP) for the ISO-NE ZONE through which the account is served and the metered load of the account adjusted for line losses to the Government’s meter.

(b) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed TRANSACTION Fee ($/kWh) multiplied by the account’s total metered energy consumption in that month.

Payment of this TRANSACTION FEE shall compensate the Contractor for all services performed and all costs incurred to supply electricity to the point of delivery, including but not limited to: the cost of ISO-NE ancillary services, Reliability Must Run (RMR), Renewable Portfolio Standard (RPS), Locational Forward Reserves (LFR) cost, management costs, risk costs, profit margin, and market administration costs, whose recovery is not explicitly provided for by the separate ENERGY and OTHER MARKET CHARGES pass-through components described below in this section. The ($/kWh) price of the fixed TRANSACTION FEE shall remain constant throughout the contract term.

Note 2: Existing RPS is inclusive of normal annual increases in state RPS requirements that are already established under current law. Future changes in RPS requirements specifically as a result of a change in law, enacted after the contract award date, shall be treated as a pass-through.

(c) OTHER MARKET CHARGES. All other charges, not included in the ENERGY or TRANSACTION FEE components, are identified below and shall be passed-through to the Government with no mark-up.

Capacity. Under the resulting contract, the Contractor shall utilize ISO-NE’s Divisional Accounting feature and establish an ISO-NE Subaccount for each of the relevant UDC zones, within 60 days of contract award.

The establishment of ISO-NE Subaccounts shall be used to facilitate the assignment of Forward Capacity Market charges to the Government for the account(s) served under the applicable ISO-NE Subaccount. The Government shall utilize an interim payment for capacity in a fixed capacity price in U.S. dollars per KW/Day. Capacity shall be charged in accordance with the formula listed below or a Government accepted formula that is mutually agreed upon by both parties. Refer to Appendix 1 for further information concerning the sources for specific ISO-NE prices and values to be utilized for the applicable billing period in determining capacity charges.

Billable Capacity Cost for Month = [Account’s ICAP Tag] * [�𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝑡𝑡

′𝑠𝑠 𝑍𝑍𝐴𝐴𝐴𝐴𝑍𝑍𝑍𝑍 𝐶𝐶𝑍𝑍𝐶𝐶𝑍𝑍𝐴𝐴𝐶𝐶𝑡𝑡𝐶𝐶 𝑅𝑅𝑅𝑅𝑅𝑅𝐴𝐴𝐶𝐶𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝐴𝐴𝑡𝑡�

(𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝑡𝑡′𝑠𝑠 𝑍𝑍𝐴𝐴𝐴𝐴𝑍𝑍𝑍𝑍 𝑃𝑃𝑅𝑅𝑍𝑍𝑒𝑒 𝐶𝐶𝐴𝐴𝐴𝐴𝑡𝑡𝑅𝑅𝐶𝐶𝐶𝐶𝐴𝐴𝑡𝑡𝐶𝐶𝐴𝐴𝐴𝐴) ] *

[(𝐷𝐷𝑍𝑍𝐶𝐶𝑠𝑠 𝐴𝐴𝑜𝑜 𝑀𝑀𝐴𝐴𝐴𝐴𝑡𝑡ℎ 𝐶𝐶𝐴𝐴 𝐵𝐵𝐶𝐶𝑍𝑍𝑍𝑍𝐶𝐶𝐴𝐴𝐵𝐵 𝐶𝐶𝐶𝐶𝐴𝐴𝑍𝑍𝑅𝑅)

(𝑁𝑁𝐴𝐴𝑅𝑅𝐶𝐶𝑅𝑅𝑅𝑅 𝐴𝐴𝑜𝑜 𝐷𝐷𝑍𝑍𝐶𝐶𝑠𝑠 𝐴𝐴𝑜𝑜 𝑀𝑀𝐴𝐴𝐴𝐴𝑡𝑡ℎ) ] * [Account’s Zonal Net Regional Clearing Price]

ICAP Tag Value (expressed in kilowatts) is the peak contribution of the account(s), as its share of annual coincident contributions to the system-wide annual peak load in its Capacity Zone, provided by the applicable Local Distribution Company. This value is updated annually in June.

Net Regional Clearing Price (expressed in U.S. dollars per kilowatt-month) is the representative monthly charge rate for capacity as provided by the ISO-NE. The value is reported by ISO-NE in the Monthly Market Operations Report indicated month in section “12.2 FCM Payments and Charges”. Example, the “Monthly Market Operations Report January 2018”, the value for January 2018 in a table appears on page 56 as $7.424518.

Capacity Reserve Factor shall equal the quotient of the monthly (Capacity Requirement)/(Peak Contributions), where each is established by ISO-NE.

Capacity Requirement is reported by ISO-NE in the Monthly Market Operations Report for the indicated month in section “12.2 FCM Payments and Charges”. Example, the “Monthly Market Operations Report January 2018”, the value for January 2018 in a table appears on page 54 as 2,469.

Peak Contribution is reported by ISO-NE in the Monthly Market Operations Report indicated month in section “12.2 FCM Payments and Charges”. Example, the “Monthly Market Operations Report January 2018”, the value for January 2018 in a table appears on page 54 as 1,766.

The cost for a billing cycle will be proportioned to the number of whole days of the particular calendar month in the billing cycle to the number of days in the particular calendar month.

Note: Any proposed calculation that differs from the Government’s formula must be matched and verified to the Government’s calculation as posted by ISO-NE.

All kWh will be multiplied by the appropriate Annual Average line loss factor available on the website of the utility applicable to each account. The price of the fixed fee shall remain constant throughout the contract term.

Auction Revenue Rights (ARR). ARR Credits allocated monthly to the load of the Government’s accounts as a firm transmission customer, shall be treated by Contractor as a direct pass through with no adjustment, and shall be calculated for each billing period as set forth in Appendix 1. This component will only be provided as a credit and never billed as a net cost to the Government.

(d) INDICES. In the event that the ISO-NE LMP or any other index upon which any energy price for this contract is determined ceases to publish or is substantially altered in derivation or application (including, but not limited to, the elimination of price caps), the parties shall agree upon a substitute index. If the parties fail to agree on an appropriate substitute index, the matter shall be resolved in accordance with paragraph (d), Disputes, of the FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of the contract.

B806 CONTRACT PRICE CONVERSION (ELECTRICITY) (DLA ENERGY) (JAN 2012)

***Applicable to CLIN 0011 Naval Station Newport and CLIN 0012 Portsmouth Naval Shipyard

ONLY

(a) At any time during contract performance, the Government and the Contractor can mutually agree to convert any Locational Marginal Price (LMP)-based contract line items quantity to a firm-fixed price for a specific delivery month(s) or for the remainder of the delivery period, based on the historical usage identified in the Installation Data Sheets. Either party can initiate such a proposal for a specific delivery month(s) or for the remaining contract period. The proposal to convert must identify the contract line item(s) for which conversion is proposed and specify a period for acceptance in LOCAL TIME, FORT

BELVOIR, VIRGINIA.

(b) Price negotiations may be held. If the Government accepts a proposal, the contract will be modified to reflect the revised price(s). Acceptance by the Government of the Contractor’s price proposal within the time limit allotted by the Contractor for acceptance of the price proposal shall be binding.

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

(b) INVOICE AND PAYMENT. The Government will utilize Consolidated Billing (UDC) for CLINs 0001-0005, and 0014 and Dual Billing for CLINs 0006-0013 awarded as a result of this solicitation. 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 billing shall be the responsibility of the Contractor and shall be included as part of the offered price. The Government will not pay any additional charges for billing services. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual Billing.

-CLINS 0001-0005 U.S. Army Reserves 99th RSC require individual bills for each account.

-Navy Invoices shall include the following Service Point ID (SPID):

CLIN 0011 Naval Station Newport: ML_NP_EL_00001 CLIN 0012 Portsmouth Shipyard: ML_PS_EL_00001

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 and Service Location).

(2) The invoice shall also include the Supplier's information such as logo, address, point of contact (name and phone number), and wiring information.

(3) Billing period for each account

(4) Total consumption for each account

(5) Average energy rate ($/kWh) and total energy charge

(6) Loss charge rate ($/kWh) and total loss charge.

(7) Transaction Fee rate ($/kWh) and total Transaction Fee

(8) Capacity and demand information for each account (as available) Including ICAP tag value, Capacity Requirement, Peak Contribution, and Net Regional Clearing Price used in calculation for Billable Capacity Cost for Month.

(9) Auction Revenue Rights (ARR) Credit

(10) 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 Public Utility Commission requirements.

(11) All information required by the applicable Public Utility Commission to be included on customer invoice.

(12) All supporting documentation calculations methodologies, assumptions and source data to substantiate all costs charged to the Gvoernment) is required before payment will be made. Such documentation may include, but is not limited to:

• Interval prices (in the most granular format available: 15-minute, 30-minute, hourly, etc.

• Interval load data (as described in Item (13)

• Daily Zonal Scaling Factors (as applicable)

• Line Loss Factors (as applicable)

• Capacity Prices, Values (kW demand)

• Service Fees ($/kWh)

(13) 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 Excel. The Contractor shall provide 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.

(14) If a contractor/supplier is unable to issue a bill based on actual meter reading due to the failure of the transmission and distribution utility, municipally owned utility or electric cooperative to obtain or transmit a meter reading to the contractor/supplier, the contractor/supplier may issue a bill based on an estimated reading for the affected account. The contractor/supplier 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/supplier to obtain the meter read data. For estimated billing purposes, the contractor shall use the relevant monthly consumption data (as the estimate) included in the applicable Installation Data Sheet. All estimated bills shall be trued up on the next billing cycle.

(15) Supplier coordination with the local utility will be necessary to ensure that these customers receive identical billing data from both the supplier and the local utility (i.e. commodity and wires charges must be based on the utility’s billing cycle).

Note: The paying offices for each installation awarded under any resultant contract will be identified below.

(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 I800 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 III 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 D – PACKAGING AND MARKING

Not Applicable

SECTION E – INSPECTION AND ACCEPTANCE

The offeror shall comply with FAR 52.212-4(a), Contract Terms and Conditions – Commercial Items, Inspection/Acceptance.

SECTION G – CONTRACT ADMINISTRATION DATA

The following Government personnel are the administrative points of contact:

SECTION G, TABLE 1 – ADMINISTRATIVE POINTS OF CONTACT:

Contract Specialist(s): Email: Phone:

Jacob Sigler Jacob.sigler@dla.mil (703) 767-9365 Ryan Spahr Ryan.spahr@dla.mil (703) 767-9197 Contracting Officer:

John Nelson John.Nelson@dla.mil (703) 767-8523 mailto:Jacob.sigler@dla.mil mailto:Ryan.spahr@dla.mil mailto:John.Nelson@dla.mil

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

NOTE 1: E-mail notification is acceptable, provided it includes the specific tariff change (via cut and paste) and its effective date.

SECTION I – CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(ELECTRICITY) (TAILORED) (DLA ENERGY) (JAN 2017)

(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 an independent service operator (ISO-New England) (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 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. 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 (As needed).

(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).

(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 ISO-NE 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 this DLA Energy FAR

Tailored clause.

NOTE : The termination value formula above shall only apply to electricity or capacity purchased on a fixed price basis. The Government shall incur no termination liability for electricity purchased on a locational marginal pricing basis, or capacity on a pass-through basis.

(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, 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 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)(AUG 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[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 (Oct 2015) (41 U.S.C.

3509)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

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

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

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

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved].

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

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

_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).

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

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

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

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

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

_X_ (20) 52.219-16, Liquidated Damages—Sub-contracting Plan (Jan 1999) (15 U.S.C.

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

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

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small https://acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970

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

637(m)).

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

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

13126).

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

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

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

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

793).

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

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_X_ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

_X_ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C.

637(d)(12)).

___ (60)(i) 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).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 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).

__ (7) 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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

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

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

(xiv) 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).

(xv) 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).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 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.

(xxii) 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.

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

(a) Definitions. As used in this clause— “Department of Defense Activity…