Attachment II - Proposal Requirements A0002.pdf

SPE60425R0400A0002 MISO 2025

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ATTACHMENT III - PROPOSAL REQUIREMENTS

The following document includes items required to be submitted by all offerors. This package should be used to ensure a complete proposal. Each offeror should utilize this document for submission and place responses within the spaces provided. Use of this template is encouraged to ensure a complete proposal.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEP

2023)(TAILORED)

NOTE 1: The paragraph below has been tailored to be more consistent with commercial practice.

All other instructions included in FAR 52.212-1 are hereby incorporated by reference (See Block 27A of Standard Form 1449).

(c) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for 24 hours from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

SUBMISSION OF DOCUMENTS

The offeror shall submit all documents required by the terms and conditions of the Request for Proposal (RFP). An offeror’s proposal must be complete with regard to this provision as well as all other requirements of the solicitation. Offerors are advised to submit proposals that are fully and clearly acceptable without additional information or explanation. Failure to provide a complete proposal submission may make an offer unacceptable and ineligible for award.

E-MAIL PROPOSALS

a. Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.

b. E-mail receiving data and compatibility characteristics are as follows:

i. E-mail address: dlaenergy.eteam@dla.mil

ii. The DLA Energy accepts attachments in—

1. PDF

2. Microsoft Excel;

3. Microsoft Word; and

4. Microsoft PowerPoint.

c. Initial proposals, modifications and proposal revisions submitted via e-mail must contain offeror's signature included in the attachment to the e-mail communication.

d. Attachments that are not in .pdf file format must be sent password protected for “read only” to ensure the integrity of the data submitted.

e. Proposals submitted electronically through a single e-mail must be no more than 50 MB.

DLA Energy’s mail server will reject messages larger than 50 MB.

f. The DLA Energy e-mail filter will scan the incoming e-mail and attachments for viruses and key words. Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s adult content library and may result in the e-mail delivery being delayed. Offerors are encouraged to verify receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.

g. If any portion of an e-mail proposal received by the Contracting Officer is unreadable, the Contracting Officer will immediately notify the offeror and permit the offeror to resubmit the proposal. The method and time for resubmission shall be prescribed by the Contracting mailto:dlaenergy.eteam@dla.mil

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Officer after consultation with the offeror and the resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complied with the e-mail submissions instructions provided in this paragraph and with the time and format requirements for resubmission prescribed by the Contracting Officer.

h. The Government reserves the right to make award solely on the e-mail proposal.

However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete signed original proposal.

NOTE 2: Refer to Page 2 of the solicitation for more details regarding the timely submission of offers.

REQUIRED ITEMS FOR PROPOSAL SUBMISSION

A. STANDARD FORM (SF) 1449 AND ALL SF 30s

B. EVIDENCE OF RESPONSIBILITY

C. PAST PERFORMANCE

D. TECHNICAL CAPABILITY / RISK

E. SMALL BUSINESS PARTICIPATION

F. PRICE

G. REQUIRED PROVISIONS NOT IN SAM.GOV

H. AUTHORIZED NEGOTIATORS

I. EXCEPTIONS AND QUESTIONS

J. REPRESENTATIONS AND CERTIFICATIONS

K. SUBCONTRACTING PLAN

An offeror must propose to supply the total line item quantity for the line items Identified in the Schedule. Failure to offer the total line item quantity will preclude Government evaluation and award to the offeror for the line items. If an offeror chooses to submit more than one offer, it may do so by submitting a separate price submittal for each. Offers based on other pricing mechanisms or alternate methods of supplying electricity may be considered.

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A. STANDARD FORM (SF) 1449 AND ALL SF 30s

Please include your Standard Form (SF) 1449 and ensure the following:

☐ Box 17A has been populated with the Company Name, Address, Unique Entity Identifier (UEI), and Commercial and Government Entity (CAGE) Code

☐ Boxes 30A, 30B and 30C have been populated by an Authorized Negotiator

☐ Box 30A has been signed using a verified digital signature or original ink signature

Please include all SF 30s and ensure the following for each:

☐ Box 8 has been populated with the Company Name, Address, UEI, and CAGE Code

☐ Boxes 15A, 15B and 15C have been populated by an Authorized Negotiator

☐ Box 15A has been signed using a verified digital signature or original ink signature

Attach SF1449 and all SF30s.

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B. EVIDENCE OF RESPONSIBILITY

(L2.07-02) (OCTOBER 2021)

The responsibility criteria listed in this section are in addition to the general responsibility criteria set forth in FAR 9.104. The offeror shall submit sufficient evidence to demonstrate that all responsibility criteria from both this Section and FAR 9.104 have been satisfied. Failure to provide such documentation shall render the offeror non-responsible and ineligible for award. In addition to evidence submitted by the offeror, the Government may obtain and consider additional information concerning the offeror’s ability to satisfy all responsibility criteria, including conducting preaward surveys in accordance with FAR 9.106.

The following are responsibility criteria, which must be satisfied to be eligible for award (IF

ADDITIONAL SPACE IS NEEDED, ADD PAGES AS NEEDED):

1.1 The offeror must possess, at a minimum, 12 months of experience providing supply and transportation (firm and/or interruptible) of electricity to wholesale or retail customers. These 12 months of experience must have been obtained no more than two years before the date of Technical Proposal submission. (INSERT RESPONSE/ATTACHMENT BELOW)

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1.2 The offeror must possess, or demonstrate the ability to obtain, transmission service agreements in the company’s name for the points of receipt specified in the Statement of Work. (INSERT

RESPONSE/ATTACHMENT BELOW)

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1.3 The offeror must be authorized to conduct business by each state’s regulatory body having jurisdiction over the state’s electric industry prior to award of any contract for solicited requirements. Submitted evidence to support this criteria must include the date such authorization was granted. (INSERT RESPONSE/ATTACHMENT VERIFICATION BELOW)

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C. PAST PERFORMANCE

Information provided by the Offeror in this section will be used to contact offeror’s customers and inquire about the offeror’s past performance. By providing this information, the offeror agrees to permit the Government's representatives to contact the customers listed and inquire about the past performance of the offeror. Offerors are advised that the Government may use information gained from any source to evaluate past performance. However, the Government reserves the right to only consider the Contractor’s performance under Federal Government or DLA Energy contracts. Refer to FAR 52.212-2(a)(i) of the solicitation for additional details regarding Past Performance.

Submit the information for government and non-government contracts or subcontracts held for retail electricity including those in progress. The references you list below must have received supply from your company for at least twelve (12) continuous months within the last two years as of the closing date of the solicitation. Additionally, the work performed must be similar to the scope and magnitude of effort and complexities this solicitation requires.

PLEASE PROVIDE EXACTLY THREE PAST PERFORMANCE REFERENCES, AS

FOLLOWS:

1. Company Name Responsible Contract Administrator Telephone Number Email Address Total Retail Contract MWs

ISO/RTO

Local Utility Contract Start Date Contract End Date

2. Company Name

Telephone Number Email Address Total Retail Contract MWs

ISO/RTO

Local Utility

3. Company Name

Telephone Number Email Address Total Retail Contract MWs

ISO/RTO

Local Utility

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D. TECHNICAL CAPABILITY / RISK

Management Capability Statement. Submit a 4-page (maximum) narrative describing the company's management capabilities. The narrative shall include, but is not limited to, a description of the following: (INSERT RESPONSE TO EACH OF THE QUESTIONS BELOW. IF

ADDITIONALY PAGES ARE NEEDED, INSERT PAGES AS NEEDED UNDER YOUR

APPLICABLE RESPONSE)

1. Personnel assigned to work this solicitation/contract, to include contact information, description of customer service efforts in resolving issues, such as billing and enrolling accounts, etc.;

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2. Contingency plan in the absence of personnel assigned to the solicitation/contract; and

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3. Any internal account-management capabilities, resources, or procedures relevant to successfully performing the requirements of the contract/solicitation.

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E. SMALL BUSINESS PARTICIPATION.

The offeror shall identify its commitment to small business (i.e. small businesses to include service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged concerns, and women-owned small business) concerns in the performance of the contract, whether as a joint venture, teaming arrangement, or subcontractor.

This requirement shall be separate from the subcontracting plan submitted pursuant to the clause at FAR 52.219-9 and must be provided by all offerors regardless of business size.

(INSERT RESPONSE TO EACH QUESTION / STATEMENT BELOW)

1. Provide a description of the efforts your company will make to assure that the small businesses identified above will have equal opportunity to compete for subcontracts under the resultant contract.

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2. To the extent known, identify the small businesses that will have a subcontract under the resulting contract and describe the work that will be performed.

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3. Identify the proportion of your proposal, as a percentage of dollars, that will be subcontracted to small businesses.

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F. PRICE

CLIN Pricing. Offerors shall submit all Non-Price Proposal elements and all other required documents pursuant to this RFP. Offerors are encouraged to submit their proposals early as pricing is not required prior to the date/time defined in SF 1449, Block 8.

Prices shall be submitted via a reverse auction on a date and time to be determined. The reverse auction shall be conducted in accordance with DLAD Note L09 REVERSE AUCTION (OCT 2016).

☐ Please check this box if you require a mock auction to be completed for training purposes, prior to the actual reverse auction.

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G. REQUIRED PROVISIONS NOT IN SAM.GOV

Please complete the following provisions via manual submission, as these are not listed in SAM.gov:

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

https://www.sam.gov/

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FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5.5 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it—

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986;

and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT

OR SERVICES – REPRESENTATIONS (DEC 2019) (NOT REQUIRED TO COMPLETE IF

IN SAM.GOV, THIS IS COMPANY SPECIFIC)

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov/) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION (MAY

2021) The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub.

L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense https://www.govinfo.gov/link/plaw/113/public/235 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.204-7018

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(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

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H. AUTHORIZED NEGOTIATORS

K33.01 (DLA ENERGY APR 2007)

Offerors must provide a list of authorized negotiators and a statement representing that the designated individuals are authorized to negotiate on the offeror’s behalf with the Government in connection with this request for proposals. The name, title, phone number, and e-mail address of each authorized negotiator should be provided. (COMPLETE TABLE BELOW)

Please limit the authorized negotiators to those who have authorization and a probability of being involved in the negotiations of the contract.

Name Title Phone Number E-Mail Address

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I. EXCEPTIONS AND QUESTIONS

PLEASE ATTACH A DOCUMENT CONTAINING ANY EXCEPTIONS

AND/OR ANY QUESITONS.

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J. REPRESENTATIONS AND CERTIFICATIONS

Please confirm only ONE of the following and proceed with the associated instructions.

☐ I confirm FAR 52.204-24 and FAR 52.212-3 are complete, up-to-date, and available in SAM.gov.

(The Government will retrieve the completed provisions from SAM.gov.)

☐ I confirm one or both of FAR 52.204-24 and FAR 52.212-3 are not complete, up-to-date, and available in SAM.gov. (Proceed with manual completion and submission of Attachment IV III of the solicitation.)

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K. SUBCONTRACTING PLAN

The offeror shall submit a commercial or individual Subcontracting Plan that satisfies the requirements listed in Federal Acquisition Regulation (FAR) 19.704; unless no Subcontracting opportunities exist. In accordance with FAR 19.705-2(c), Subcontracting Plans will not be required if no subcontracting possibilities exist. A statement as to why no subcontracting possibilities exist should be submitted with the proposal to allow the Contracting Officer to make a determination.

Does your company or parent company have opportunities to subcontract to small businesses?

☐ Yes. (Please complete and submit the Small Business Subcontracting Plan Form. Reference Solicitation Attachment V IV)

☐ No. (Please state the reasons why no subcontracting possibilities exist. If you stated you have no possibilities to subcontract, you are not required to submit a completed subcontracting plan.)