RFP_W912DY18R0033_CUP_MATOC_5Jun18.pdf

W912DY18R0033

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

GENERAL INFORMATION IAW FAR 16.504, Indefinite-Quantity Contracts:

1. The total minimum contract value of services is $1,000.00. The total maximum contract value of services is $9,800,000.00.

2. The minimum order guarantee is $1,000.00. In the event a task order is not received within one year of the start date of the period of performance of the basic contract, the Contractor may submit an invoice and be paid the minimum guarantee of $1,000.00. The minimum guarantee is only applicable to the first year of performance and does not extend to subsequent performance years.

3. This Indefinite Delivery Contract (IDC) does not specify maximum or minimum quantities that the

Government may order under each task order nor the maximum it may order during a specific period of time.

4. The contract for an indefinite quantity is as follows:

i. Ordering Period of the Basic IDC:

Base Period 24 Months 12 SEP 2018 – 11 SEP 2020

Option Period 1 12 Months 12 SEP 2020 – 11 SEP 2021

Option Period 2 12 Months 12 SEP 2021 – 11 SEP 2022

Option Period 3 12 Months 12 SEP 2022 – 11 SEP 2023

Option to Extend Contract Period 6 Months 12 SEP 2023 – 11 MAR 2024

ii. The Performance Work Statement (PWS) is located in SECTION C of the Basic IDC.

iii. Ordering Procedures:

Orders will be electronically solicited in writing in the form of Requests for Proposals (RFPs) to all Multiple Award Task Order Contract (MATOC) holders to provide awardees fair opportunity to be considered for each order in accordance with FAR 16.505(b)(1). Selection for resulting task orders will be in accordance with the evaluation factors specified in each RFP.

iv. Agency Task and Delivery Order Ombudsman:

IAW FAR 16.505(b)(8) and AFARS 5116.505-90, the head of the agency has designated a task-order contract and delivery-order contract ombudsman. The ombudsman must review complaints from contractors and ensure that they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The ombudsman is a senior agency official who is independent of the contracting officer and may be the agency’s competition advocate.

USACE Task and Delivery Order Ombudsman:

Ms. Paige H. Blechinger

Headquarters

U.S. Army Corps of Engineers

441 G Street NW

Washington, D.C. 20314

Phone: (202) 761-4707

Email: Paige.H.Blechinger@usace.army.mil

v. The U.S. Army Corps of Engineers – Huntsville Center (USACE-HNC), CT-B Energy Branch, is authorized to issue orders.

vi. Issuing oral orders is not authorized under this Basic IDC.

mailto:Paige.H.Blechinger@usace.army.mil

Section B - Supplies or Services and Prices

SECTION B INSTRUCTIONS

The following Contract Line Items (CLINs) are for information purposes only, and offerors should not enter pricing or any other information in Section B. See Section L of this solicitation for instructions on how to submit a complete proposal.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Job Rate Intervention Support Services

FFP

The Government may award task orders against this CLIN for Rate Intervention

Support Services IAW Section C of the basic contract Performance Work

Statement (PWS) paragraph 5.1 (excluding paragraph 5.1.f.) and paragraph 5.2.

The estimated maximum quantity of this CLIN is $1,010,000.00.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job Other Technical Analytical Services

FFP

The Government may award task orders against this CLIN for Other Technical

Analytical Services, Utility Procurement Support Services, Utility Resale Support

Services, and Reimbursable Support Services IAW Section C of the basic contract

Performance Work Statement (PWS) paragraphs 6.1. and 6.2.

The estimated maximum quantity of this CLIN is $2,460,600.00.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job Travel

FFP

The Government may award task orders against this CLIN for travel costs IAW

Section C of the basic contract Performance Work Statement (PWS) paragraph

7.0.

The estimated maximum quantity of this CLIN is $51,000.00.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Job Transcripts

FFP

The Government may award task orders against this CLIN for transcript costs

IAW Section C of the basic contract Performance Work Statement (PWS) paragraph 5.1.f.

The estimated maximum quantity of this CLIN is $42,000.00.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Job Schedule of Deliverables

FFP

The Government may award task orders against this CLIN for required deliverables IAW Section C of the basic contract Performance Work Statement

(PWS) paragraph 11.0.

This CLIN is not separately priced (NSP).

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Job Contractor Manpower Reporting

FFP

The Government may award task orders against this CLIN for Contractor

Manpower Reporting IAW Section C of the basic contract Performance Work

Statement (PWS) paragraph 12.1.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 1 Job Minimum Order Guarantee

FFP

In the event a task order is not received within one year of the date of the start date of the period of performance of the basic contract, the Contractor may submit an invoice and be paid the minimum guarantee of $1,000.00. The minimum guarantee is only applicable to the first year of performance and does not extend to subsequent performance years.

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED Job OPTION Rate Intervention Support Services

FFP

The Government may award task orders against this CLIN for Rate Intervention

The estimated maximum quantity of this CLIN is $505,000.00.

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED Job OPTION Other Technical Analytical Services

FFP

The Government may award task orders against this CLIN for Other Technical

Analytical Services, Utility Procurement Support Services, Utility Resale Support

The estimated maximum quantity of this CLIN is $1,230,300.00.

UNIT UNIT PRICE MAX AMOUNT

1003 UNDEFINED Job OPTION Travel

FFP

The Government may award task orders against this CLIN for travel costs IAW

The estimated maximum quantity of this CLIN is $25,500.00.

UNIT UNIT PRICE MAX AMOUNT

1004 UNDEFINED Job OPTION Transcripts

FFP

The Government may award task orders against this CLIN for transcript costs

The estimated maximum quantity of this CLIN is $21,000.00.

UNIT UNIT PRICE MAX AMOUNT

1005 UNDEFINED Job OPTION Schedule of Deliverables

FFP

The Government may award task orders against this CLIN for required

UNIT UNIT PRICE MAX AMOUNT

1006 UNDEFINED Job OPTION Contractor Manpower Reporting

FFP

The Government may award task orders against this CLIN for Contractor

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED Job OPTION Rate Intervention Support Services

FFP

The Government may award task orders against this CLIN for Rate Intervention

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED Job OPTION Other Technical Analytical Services

FFP

The Government may award task orders against this CLIN for Other Technical

Analytical Services, Utility Procurement Support Services, Utility Resale Support

UNIT UNIT PRICE MAX AMOUNT

2003 UNDEFINED Job OPTION Travel

FFP

The Government may award task orders against this CLIN for travel costs IAW

UNIT UNIT PRICE MAX AMOUNT

2004 UNDEFINED Job OPTION Transcripts

FFP

The Government may award task orders against this CLIN for transcript costs

UNIT UNIT PRICE MAX AMOUNT

2005 UNDEFINED Job OPTION Schedule of Deliverables

FFP

The Government may award task orders against this CLIN for required

UNIT UNIT PRICE MAX AMOUNT

2006 UNDEFINED Job OPTION Contractor Manpower Reporting

FFP

The Government may award task orders against this CLIN for Contractor

UNIT UNIT PRICE MAX AMOUNT

3001 UNDEFINED Job OPTION Rate Intervention Support Services

FFP

The Government may award task orders against this CLIN for Rate Intervention

UNIT UNIT PRICE MAX AMOUNT

3002 UNDEFINED Job OPTION Other Technical Analytical Services

FFP

The Government may award task orders against this CLIN for Other Technical

Analytical Services, Utility Procurement Support Services, Utility Resale Support

UNIT UNIT PRICE MAX AMOUNT

3003 UNDEFINED Job OPTION Travel

FFP

The Government may award task orders against this CLIN for travel costs IAW

UNIT UNIT PRICE MAX AMOUNT

3004 UNDEFINED Job OPTION Transcripts

FFP

The Government may award task orders against this CLIN for transcript costs

UNIT UNIT PRICE MAX AMOUNT

3005 UNDEFINED Job OPTION Schedule of Deliverables

FFP

The Government may award task orders against this CLIN for required

UNIT UNIT PRICE MAX AMOUNT

3006 UNDEFINED Job OPTION Contractor Manpower Reporting

FFP

The Government may award task orders against this CLIN for Contractor

UNIT UNIT PRICE MAX AMOUNT

4001 UNDEFINED Job OPTION Rate Intervention Support Services

FFP

The Government may award task orders against this CLIN for Rate Intervention

The estimated maximum quantity of this CLIN is $252,500.00.

UNIT UNIT PRICE MAX AMOUNT

4002 UNDEFINED Job OPTION Other Technical Analytical Services

FFP

The Government may award task orders against this CLIN for Other Technical

Analytical Services, Utility Procurement Support Services, Utility Resale Support

The estimated maximum quantity of this CLIN is $615,150.00.

UNIT UNIT PRICE MAX AMOUNT

4003 UNDEFINED Job OPTION Travel

FFP

The Government may award task orders against this CLIN for travel costs IAW

The estimated maximum quantity of this CLIN is $11,850.00.

UNIT UNIT PRICE MAX AMOUNT

4004 UNDEFINED Job OPTION Transcripts

FFP

The Government may award task orders against this CLIN for transcript costs

The estimated maximum quantity of this CLIN is $10,500.00.

UNIT UNIT PRICE MAX AMOUNT

4005 UNDEFINED Job OPTION Schedule of Deliverables

FFP

The Government may award task orders against this CLIN for required

UNIT UNIT PRICE MAX AMOUNT

4006 UNDEFINED Job OPTION Contractor Manpower Reporting

FFP

The Government may award task orders against this CLIN for Contractor

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Revision 0, 07 May 2018

Commercial Utilities Program (CUP)

Multiple Award Task Order Contract (MATOC) for

Utilities Management Consulting Services

CUP MATOC PWS Revision Log

Revision

No.

Revision

Date

Summary of Changes

1.0. BACKGROUND: The CUP provides policy, guidance, and field support to the U.S. Army, other Department of Defense (DoD) organizations, and non-DoD agencies within the 50 United States (U.S.), U.S. Territories, and the

Republic of the Marshall Islands, on the acquisition and sales of utilities services. The Assistant Deputy Army

Power Procurement Officer (ADAPPO), U.S. Army Corps of Engineers, Engineering and Support Center, Directorate of Installation Support (CEHNC-ISCX), Huntsville, Alabama, is responsible for utility rate analytical services in support of the Chief of Engineers. The U.S. Department of the Army (DA) purchases utility services

(electricity, natural or manufactured gas, water, sewerage, and thermal energy [chilled water, hot water, high temperature hot water, steam]) in excess of $1B annually. The action officer for the ADAPPO is the CUP Program

Manager. The CUP monitors the development of proposed rate increases as filed by utility companies before federal, state, and local regulatory commissions, and rate increases that have an effect on federal customers within the utility service area. Some rate cases require analytical services and expert witnesses to assist in the presentation of the federal Government's case and to develop related testimony and analyses. Because of deregulation of the electrical industry and restructuring efforts underway, a Utility Rate Analyst is required to analyze the various competing utilities’ rate structures. Although similar rate increase proposals go under different names, the plans are much the same in content and compete for the existing market share. The CUP also provides assistance in the purchase of utilities for Army installations through negotiation with franchised utilities and competitive procurement of utility services. The CUP provides guidance on the utility sales program, and reviews the resale rates annually for each installation. On behalf of the Department of Defense (DoD) services and other federal agencies within the 50

United States (U.S.), U.S. Territories, and the Republic of the Marshall Islands, the DA leads efforts in utility rate interventions to obtain required, reliable utility service at cost-based, fair and reasonable non-discriminatory rates.

Rate intervention involves presenting the results and recommendations of an independent study of professional

Utility Rate Analysts in the areas of fair rates of return, appropriate capital structure, cost-of-service based rate design, and equalized returns by customer classes.

2.0. SCOPE OF WORK: The objective of this contract is to acquire:

2.1. Professional Utility Rate Analytical Services. The Contractor shall furnish all management, supervision, labor, supplies, material, transportation, equipment, and studies required to provide professional utility rate analytical technical assistance in the conduct of Interventions before the Federal Energy

Regulatory Commission (FERC), state utility regulatory bodies, and regional or local Regulatory

Commissions and bodies that are considering requests for rate increases or other regulatory matters.

2.2. Determining Utility Service Availability and Competition. The contractor shall evaluate the availability of competition for each installation listed within a task order scope and shall recommend the best method of purchasing utility services. Installations will be located within the 50 United States (U.S.), U.S.

Territories, and the Republic of the Marshall Islands.

2.3. Access to Installations. The contractor shall coordinate with the installation within the 50 United States

(U.S.), U.S. Territories, and the Republic of the Marshall Islands for required badges and local access to facilities.

2.4. Security Requirements. This contract is NOT expected to require the handling and/or generation of information classified as SECRET or higher. All information collected and generated under this contract is

CONFIDENTIAL. Contractor shall not release information gained through this contract or developed as part of performance of this contract to parties outside the federal Government without prior consent of the

Contracting Officer.

2.5. Normal Hours of Operation. Should an onsite visit be necessary, the contractor shall perform the onsite services/visit during the operational hours of the facility/facilities listed in each task order (TO) award.

3.0. DEFINITIONS: Hereafter, the Utility Rate Analytical Contractor shall be referred to as the Contractor;

Commission – The FERC, state, or regional or local regulatory body

Company – The utility service supplier

JALS-RL – The U.S. Army Regulatory Law Office

4.0. PHASES: Utility Rate Analytical Services will be acquired by phases as specified in Paragraphs 5.0 through

6.0 of this PWS. The Contracting Officer will issue written TOs identifying the specific tasks to be accomplished by the Contractor.

5.0. RATE INTERVENTION SUPPORT SERVICES:

5.1. Rate Intervention Services Limited to Rate Design and Class Cost of Service Allocation Study.

5.1.a. Strategy Meeting. A preliminary meeting or teleconference shall be conducted with the

Contractor, trial attorney from JALS-RL, the Contracting Officer or COR to develop case strategy and specific needs. The Contracting Officer or COR will provide the Contractor a copy of the previous 12 months’ utility invoices for each affected installation, and a copy of the Company's application or filing and any documents filed by other parties and staff with the Commission, including any proposed new tariffs, pre-filed testimonies, studies, exhibits, supporting appendices, motions, petitions, or other documents if available. Upon completion of review of the furnished documents, the Contractor shall identify all issues that have an actual or potential direct impact on each installation and provides that information to the JALS attorney and the COR and PgM BY e-mail, phone conference, or other expedient method. A teleconference may be required with technical personnel at the major installation or installations served by the utility company to gather additional information about usage, conservation, and Government-owned generating plants, cogeneration, and peak shaving. No installation site visit will be required to accomplish this task.

5.1.b. Discovery Data. The Contractor shall prepare and provide, in writing, one copy each to the

Contracting Officer or COR and the JALS-RL, all requests for data, documents, and information

(discovery) requests to be served on the Company, other interveners, or the Commission staff. The

Contractor shall limit the requests to those that would assist in the preparation of the federal

Government’s direct case. The Contractor shall integrate responses to discovery requests and shall assist in developing testimony and brief preparation. The Contractor shall prepare for the JASL-RL draft responses to discovery requests served on the federal Government. The Contractor shall review discovery requests and provide responses within the time constraints and form and style specified by the Commission and to comply with any Commission deadlines to allow for full analyses or responses.

If requested, Contractor shall revise responses in accordance with feedback from the JALS-RL.

5.1.c. Testimony. The Contractor shall prepare direct testimony, exhibits, schedules, and, when necessary, rebuttal testimony and surrebuttal testimony in support of the agreed federal Government positions and issues. Contractor shall prepare testimony in the format and number of copies required by the particular Commission's rules for direct filing with the Commission and service to other parties to the proceeding. Contractor shall file testimony in accordance with Commission-established requirements such as location, scheduled appearance or submittal dates and documentation. The

Contractor shall provide the Contracting Officer or COR and JALS-RL a draft of the proposed testimony for review at least 14 working days prior to submission to the Commission. Revisions or additions recommended by the federal Government shall be limited to those of clarification or further explanation. The contractor shall provide recommendations to JALS-RL. Contractor shall prepare a draft brief for approval and signature of the JALS-RL. The official position of the federal Government will be articulated through the Brief which will be approved, signed, and filed by JALS-RL. The

Contractor shall promptly respond to and answer all questions, suggestions, revisions, or additions proposed by the Contracting Officer, COR or JALS-RL. Support for independent witness recommendations shall be presented in the expert witness testimony in a completely convincing, clear, easily understandable manner. Recommendations developed by the witnesses are to be fully supported by appropriate (1) accounting, financial, economic, and or engineering theories, analyses, and reasoning; (2) professional standards, guidelines, and principles; (3) legal precedents; and (4) regulations and laws which are applicable in ratemaking and regulation processes. The financial or economic impact of the analyst's recommendation should be expressed in total dollars and as an increment either increasing or decreasing the rate per unit of service (e.g. Mcf, ccf, kwh, kw, kgal, or other unit of measure). The use of pie and bar charts, graphs, tables, exhibits and schedules is especially encouraged.

5.1.d. Cross Examination Questions. The Contractor shall prepare and provide to the Contracting

Officer or COR and JALS-RL, at least 10 working days prior to the hearings, proposed written cross-examination questions with anticipated answers based on a complete review of the filed direct testimony of each witness (Company, other parties, and Commission staff witness). Cross-examination questions are not restricted to those issues contained in federal Government-proffered testimony. The written cross-examination questions, expected answers, follow-up questions, and the ultimate point to be developed as a result of successful cross examination shall be prepared to assist the

JALS-RL in presenting the federal Government position to the Commission in the most favorable light. The questions shall be structured to support or refute issues based on the overall objectives of the federal Government. At least five (5) working days prior to the hearings, the Contractor shall brief the JALS-RL on these questions and expected answers of the Commission to support his/her prepared direct testimony and, if required, rebuttal testimony and surrebuttal testimony. If it is the practice of the Commission, the Contractor shall prepare a summary of the testimony to be delivered at the

Commission hearings. The Contractor shall reduce the summary to writing and provide a copy of the summary to federal Government and JALS-RL at least seven (7) days prior to presenting the testimony on the witness stand at the Commission hearings. The Contractor’s expert witnesses shall be available to present the testimony and undergo cross-examination at times and places as set by the Commission.

The Contractor’s presence during cross-examination of other witnesses (Company, other parties, and

Commission staff witness) may or may not be required depending on the particulars of each rate case.

The Contracting Officer may purchase one (1) copy of all or part of the record adduced at the hearings

(transcripts) for use in redirect testimony, cross-examination, rebuttal, and/or surrebuttal testimony, and preparation of the brief. The Contractor shall recommend purchase of transcript for specified dates if needed for adequate preparation of the case. Up to five (5) man-days of on-site time may be required of the witness at the oral hearings.

5.1.e. Hearing Appearance. The Contractor’s expert witness shall appear before the Commission to support his/her prepared direct testimony and, if required, rebuttal testimony and surrebuttal testimony.

If it is the practice of the Commission, the Contractor shall prepare a summary of the testimony to be delivered at the Commission hearings. The Contractor shall reduce the summary to writing and provide a copy of the summary to the federal Government customer and JALS-RL at least seven (7) days prior to presenting the testimony on the witness stand at the Commission hearings. The

Contractor’s expert witnesses shall be available to present the testimony and undergo cross-examination at times and places as set by the Commission. The Contractor’s presence during cross-examination of other witnesses (Company, other parties, and Commission staff witness) may or may not be required depending on the particulars of each rate case. The Contracting Officer may purchase one (1) copy of all or part of the record adduced at the hearings (transcripts) for use in redirect testimony, cross-examination, rebuttal, and/or surrebuttal testimony, and preparation of the brief. The

Contractor shall recommend purchase of transcript for specified dates if needed for adequate preparation of the case. Up to five (5) man-days of on-site time may be required of the witness at the oral hearings.

5.1.f. Hearing Transcript. The price of transcripts will be included as a separate CLIN and will be negotiated per individual task order and shall not exceed the maximum allowable cost of $1,200 per transcript. Upon request, the Contractor will furnish the total actual price to provide copies of the hearing transcript. The request may be made at any time during or just after the hearing. No transcript will be ordered unless requested by the Contracting Officer. If ordered, contractor shall deliver (or cause to be delivered) the transcript to JASL-RL. This request may be made more than one (1) time during the hearings, and may be for only a part of the hearing transcript.

5.1.g. Brief. After conclusion of the evidentiary hearings, the Contractor, at the direction of the

Contracting Officer or COR, shall review such transcripts as the Contracting Officer may have authorized for purchase and prepare a proposed written brief for all issues affecting the federal

Government, regardless of how or by whom they were raised. This includes those issues raised by the federal Government expert's testimony, other conflicting or concurring testimony, or other evidence or proceedings in the case. In the interest of presenting full and complete arguments on the issues and allowing maximum time for federal Government review, the Contractor shall commence work on the brief prior to conclusions of the hearings. Depending on the Commission practices, the brief may be in the form of either a simultaneous brief or opening and reply briefs. In either form, the Contractor shall include in the brief necessary rebuttal to arguments and criticisms of federal Government positions addressed in opening briefs, expected to be addressed in reply, or simultaneous briefs submitted by adversarial parties. The brief proposed by the Contractor shall address but not be limited to the following:

(i) Statement of the objectives of the federal Government’s testimony.

(ii) Complete coverage of every essential federal Government issue raised with emphasis placed on contested issues.

(iii) Explanation and reconciliation of conflicting evidence to discredit opposing parties' evidence and to highlight the persuasiveness of the federal Government proof and answer any criticism raised during cross-examination of federal Government witnesses.

(iv) Disclosure of misconceptions and defects in the evidence, testimony, or rebuttal offered by other parties' witnesses.

(v) An explanation describing why the Commission should grant the particular approach offered by the federal Government testimony.

The Contractor shall cite other commissions or courts authority in granting the same or comparable approaches, where applicable. The Contractor shall not repeat arguments made in the direct testimony except in a summary manner and shall rely extensively on the record developed before the hearing examiner and/or the Commission. Reference to the transcript (page and line number citation) shall be made in presenting the discussions dealing with items (iii), (iv), and (v), above. Submissions that fail to comply with any of the above may be construed as failures to perform required services. The proposed brief shall be typewritten and provided to the Contracting Officer or COR and JALS-RL in editable Adobe.pdf or by hardcopy as directed by JALS-RL on or before the date required by JALS-

RL. Final authority for issuance of the brief rests with JALS-RL. In cases where Company officials or parties to the case propose to settle all or some of the issues involved in the case, the Contractor shall not perform any additional analysis without the prior approval of the Contracting Officer or COR and

JALS-RL. If the government agrees to settle, the Contractor shall advise and assist federal

Government in reaching a settlement agreement. The Contractor shall prepare and submit to the

Contracting Officer an addendum to the settlement proposal that reflects the final settlement agreement and shall invoice promptly according to work actually performed.

5.1.h. Letter Report. Within 30 days of the Commission's Final Opinion and Order, the Contractor shall prepare and deliver to the Contracting Officer, the COR and JALS-RL a Letter Report of the final results of the rate case which:

(i) Summarizes the entire case;

(ii) Identifies all issues that were decided in favor of or against the federal Government;

(iii) Identifies each issue the Contractor presented on behalf of the federal Government and contrasts them with the treatment of these issues in the Commission's Final Order;

(iv) Lists the calculated dollar impact of each issue separately for each federal Government installation (if the impact cannot be calculated, estimate the dollar impact citing the assumptions utilized);

(v) Shows the total cost avoidance and/or savings for each federal Government installation;

(vi) Shows the total Phase I and Phase II rate analyst costs; and,

(vii) Indicates the cost/benefit ratio resulting from the federal Government Intervention.

The Contractor shall, in the Letter Report, make recommendations for usage changes, where appropriate, by the federal Government and suggest new approaches, if any, for subsequent interventions or rate management actions. The Contractor shall include as an attachment to the Letter

Report a copy of the Commission's Final Opinion or Order.

5.2. Additional Rate Intervention Analyses, e.g., Revenue Requirements, Return on Equity (ROE) and/or Capital Structure Analysis. If additional analyses beyond that specified in Paragraph 5.1 is requested by the Government, the total cost to be added to the FFP CLIN price corresponding to paragraph

5.1 will be negotiated using the labor rate and travel CLINs as applicable.

6.0. OTHER TECHNICAL AND ANALYTICAL SERVICES, UTILITY PROCUREMENT SUPPORT,

UTLITY RESALE SUPPORT, REIMBURSEMENT SUPPORT, AND SPECIAL STUDIES.

6.1. The Contractor shall conduct technical and analytical services, utility resale support, reimbursement support, and studies covering all facets of utility services with emphasis on solution of planning, engineering, and economic problems, which affect the acquisition, and management of utility services. For each TO issued, the Contractor shall prepare and provide to the Contracting Officer, COR and JALS-RL (as required) and the ADAPPO a written report of findings and recommendations. Services and studies may involve the evaluation of options and methods for reducing utility cost and for making effective, efficient use of the utility service, conducting technical and economic analysis and making recommendations for utilities related facilities and service issues such as high voltage discounts and ownership of facilities, and evaluation of trends in terms of cost and availability of utilities to support determination of long-range planning parameters for federal Government installations.

6.2. The Contractor shall provide technical support for negotiations of utility service contracts and modifications to existing utility service contracts including, but not limited to, issues related to rates, facilities charges, termination liabilities, connection charges, contract terms/conditions, review and analysis of cost-of service studies for electric, gas, water and sewerage services from municipal or other unregulated suppliers.

Contractor shall develop negotiation strategies with consideration given to potential alternate suppliers

(including federal power marketing agencies) that are accessible through wheeling/transportation agreements or regulatory changes, and incentive packages. Negotiation objectives are to obtain the best value for required, reliable utility service with fair, reasonable, and non-discriminatory rates consistent with mission requirements that result in the lowest total cost to the federal Government regarding quality, reliability, and other pertinent factors considered. Prior to attending a negotiation session, the Contractor shall:

Review and analyze all relevant documents affecting the rates, charges, general terms and conditions of service applicable to the installation, Review and analyze the utility supplier’s cost to serve the installation, and

Review the existing or proposed installation utility service contract (including modifications and related correspondence) to determine if benefits could be derived by incorporating special clauses or rates contained in such contracts into the installation contract.

7.0. TRAVEL. Travel costs will be included as a separate CLIN and will be negotiated per individual task order.

Negotiation of travel costs shall be in accordance with cost principles in FAR 31.205-46 and will be negotiated and firm fixed priced prior to departure of personnel. The Contractor will include actual travel expenses authorized by the Joint Travel Regulations in the invoice for that Rate Intervention services TO.

Travel will generally be limited to no more than two trips for a rate intervention, and only one trip for a site visit for a utility assessment or study, however additional travel can be approved by the contracting officer on a case-by-case basis.

8.0. REPORTS AND SUBMITTAL REQUIREMENTS.

8.1. Monthly Progress Reports. The Contractor shall submit a monthly progress report for each awarded task order to the Project Manager.

8.2. Final Report. The Contractor shall develop and maintain TO data consisting of all information collected and all written work generated by the Contractor in the performance of task orders. The Final Report shall include the following sections: Executive Summary, Background, Rate Case Details, Regulatory Ruling and/or Settlement Summary, Army Impact Settlement Summary, Table of Cost Avoidance for Army and

Federal Executive Agencies, Cost/Benefit Analysis, and Conclusion. TO data collected and written shall be delivered with the Final Report.

9.0. GOVERNMENT FURNISHED PROPERTY AND SERVICES. Government furnished property or services will not be provided under this contract.

10.0. CONTRACTOR REQUIREMENTS. The Contractor shall be capable of simultaneously supporting three (3) utility interventions with simultaneous oral hearings scheduled in different locations, or providing simultaneous assistance for at least two (2) utility systems evaluations. The Contractor shall provide sufficient professional personnel (those presently employed by the Contractor or available as subcontractors), who are capable of responding to federal Government requests, coordinated through the Contracting Officer or COR, for assistance within 24 hours after execution of the TO. The Contractor shall provide professional utility rate analysis witnesses who are fully qualified in utility engineering and/or accounting, finance or economics. The Contractor shall have previous experience presenting testimony subject to cross examination which was accepted as expert testimony into the record before a state or Federal Regulatory Commission in at least one (1) utility rate case. The Contractor will have previous experience in preparing technical and economic special studies for use as exhibits in evidence of testimony. The Contractor shall be capable of providing competent contract support personnel, utility system estimating personnel, competent rate development personnel, and competent computer programming personnel.

10.1. Expert Witness. To avoid or reduce adverse "voir dire" cross examination, the Contractor will certify that any person provided to be an expert witness on electric rate design has a minimum of five (5) years’ experience allocating class costs of service (or class revenues responsibility) or rate design in a manner recognized in the ELECTRIC UTILTY COST ALLOCATION MANUAL published by the National

Association of Regulatory Utility Commissioners (NARUC), and has advocated a goal of rate design consistent with unitized class rates of return. The Contractor shall certify that any person furnished to be an expert witness on gas utility rate design has a minimum of five (5) years’ experience advocating the allocation of class costs of service (or class revenue responsibility) or rate design in a manner that is recognized in the manual entitled GAS DISTRIBUTION RATE DESIGN published by the National

Association of Regulatory Commissioners (NARUC) or has advocated a goal of rate design that is consistent with unitized class rates of return.

10.2. Labor Categories and Descriptions:

10.2.1. Key Personnel: The Key Personnel positions are: Project Manager, Utility Rate Analyst, and

Economist personnel.

10.2.2. Project Manager: The Contractor shall designate a company official who can make decisions and commit company resources to serve as a full-time Project Manager for all work under this contract. The Project Manager shall be employed full time by the Contractor and cannot be an employee of any subcontractor performing work under this contract. The Project Manager shall be experienced and well-versed in utility rate making issues and regulations, commission functions and administrative processing, utility litigation process, report writing, case administration and management, development of testimony strategies, briefing high-level military commanders, and development of feasible engineering and economic approaches in developing testimony. The Project

Manager shall serve as the routine point of contact with the federal Government in responding to questions and in keeping the Contracting Officer, the COR, and JASL-RL advised of the current status of each TO and when hearings are scheduled. The Project Manager shall review and be responsible for all deliverables and shall prepare and submit to the Contracting Officer or COR a written monthly status report for each TO as of the end of each month until the date the TO is completed and final payment is received. During the TO performance period, no substitutions of Project Manager will be permitted unless such substitutions are approved by the Contracting Officer or COR. The Contractor shall promptly notify the Contracting Officer or COR if personnel substitution is needed. All requests for substitutions must be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information as may be required by the Contracting Officer or COR to approve the proposed substitution. The Contracting Officer or COR will promptly notify the Contractor of his determination concerning the proposed name.

10.2.3. Utility Rate Analyst: The Contractor shall provide professional utility rate experts who are fully qualified in utility engineering, legal accounting, finance, or economics. The utility rate experts shall have had previous experience in presenting testimony in at least five (5) cases within the last three (3) years, which have been subject to cross-examination before regulatory commissions. The utility rate experts shall have the knowledge and experience to prepare special studies that center on the solution of planning, engineering, and economic problems which affect the acquisition and management of utility services. The utility rate experts shall have the ability to negotiate utility service contracts and rates in accordance with FAR Part 41.402. The Contractor shall assign only those professional utility rate experts whose names were submitted with their proposal and who are acceptable to the Contracting Officer or COR. During the TO performance period, no substitutions of professional utility rate experts will be permitted unless such substitutions are approved in writing by the Contracting Officer or COR. The Contractor shall promptly notify the Contracting Officer or COR if personnel substitution is needed. All requests for substitutions must be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information as may be required by the Contracting Officer or

COR to approve the proposed substitution. The Contracting Officer or COR will promptly notify the

Contractor of his determination concerning the proposed name. Minimum education required is a

Bachelor degree in Engineering, Economics, or a related field.

10.2.4. Economist. Economists should be fully qualified in legal accounting, finance, or economics.

The economist shall have previous experience in analyzing cost of service, return on equity and/or factors used when determining fair and reasonable rate design structures and performed a minimum of five (5) studies within the last three (3) years. This person shall have the knowledge and experience to prepare special studies that center on the solution of planning, engineering, and economic problems, which affects the acquisition and management of utility services. Minimum education required is a

Bachelor degree in Economics, or a related field.

10.2.5. Technical Support – Professional. Technical support personnel have knowledge of scientific, engineering, or mathematical theories, principles and techniques which enables the individual to understand and materially contribute to studies that center on the planning, acquisition and management of utility services. This person shall be qualified to assist utility rate analysts and economist professionals in researching, analyzing and solving practical problems encountered in field of utility services. Minimum education required is a Bachelor college degree that focuses on planning, acquisition, and management of utility services.

10.2.6 Technical Support – Technician. Technical support personnel have knowledge of scientific, engineering, or mathematical theories, principles and techniques which enables the individual to understand and materially contribute to studies that center on the planning, acquisition and management of utility services. This person shall be qualified to assist utility rate analysts and economist professionals in researching, analyzing and solving practical problems encountered in field of utility services. Minimum of four (4) years of specialized training/experience that focuses on planning, acquisition, and management of utility services.

10.2.7. Clerical Support. Performing work such as preparing, receiving, reviewing, and verifying documents; maintaining office records; locating and compiling data or information from files;

compiling information for reports; keeping a calendar and informing others of deadlines and other important dates; and similar clerical support work within an organization. This work requires a knowledge of the clerical requirements and processes involved in maintaining the functional programs of the unit.

11.0. SCHEDULE OF DELIVERABLES

11.1. Discovery Data, Testimony, Cross Examination Questions, and Briefs. Discovery Data, testimony, cross examination questions and briefs shall be prepared and delivered in a manner which will enable JASL-

RL to meet the schedule as established by the Commission. Deliverables will depend on the schedule for the case as established by the Commission. Time constraints are imposed by the Commissions in all rate case proceedings. Those limitations vary considerably from one jurisdiction, as well from one rate case, to another.

The Contractor explicitly accepts those constraints acknowledging they do not constitute in any way a valid reason for not performing any of the services required by the terms of this contract or by a properly executed

TO issued under its provisions. The Contractor shall keep the Contracting Officer or COR and the JALS-RL fully informed of all dates and changes to dates set by the Commission for hearings and for delivery of documents to the Commission. Expert testimony, study, exhibits, rebuttal, surrebuttal and supporting documentation will be required. Hearing Transcript will be delivered within five (5) working days from notification by the Contracting Officer or COR. Letter Report of the final results of the rate case, shall be delivered to the Contracting Officer or COR within 30 calendar days of the Commission’s final order.

11.2. Deliverables: The Contractor shall provide documents presented to the Commission in sufficient quantities and format to satisfy Commission requirements and shall provide copies of all documents filed with the Commission to other parties to the case as required by the Commission. Other than documents presented to the Commission, any written report shall be minimum 12 font type. The Contractor shall provide copies of all deliverables to the following Offices:

If by FEDEX OR UPS, use:

U.S. Army Corps of Engineers

5021 Bradford Drive NW

Suite B

ATTN: Mr. Bernard Givan, ISPM-Energy

Huntsville, AL 35805

If by USPS, use:

US Army Engineering and Support Center, Huntsville

ATTN: Mr. Bernard Givan, ISPM-Energy

PO Box 1600

Huntsville, AL 35807-4301

If by email to the Program Manager and Project Manager/COR, respectively:

Bernard W. Givan, bernard.w.givan@usace.army.mil;

Barbara L. Osterkamp, barbara.l.osterkamp@usace.army.mil

12.0. SPECIFIC REQUIREMENTS.

12.1. Contractor Manpower Reporting. The Office of the Assistant Secretary of the Army (Manpower &

Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor will report

ALL Contractor manpower (including subcontractor manpower) required for performance of this contract.

The Contractor is required to completely fill in all the information in the format using the following web address: https://www.ecmra.mil

12.2. Quality Control Plan. The Contractor shall provide their current Quality Control Plan (QCP) as part of the Base contract proposal which clearly depicts how the Contractor will minimize errors prior to submittals and final submissions. It will explain how Quality Control (QC) will be implemented to deliver products consistent with contract requirements for the full scope of the contract and all TOs. The

Government will not prescribe the quality management organization used by the Contractor or its processes, but will hold the Contractor responsible for its effectiveness once implemented. QC will be provided at all times on all deliverables, and shall be supported for the length of one (1) year after the final deliverable has been submitted to the Government. The Contractor is required to implement the controls and processes as defined in the QCP submitted. The Government may require the QCP to be updated to address specific TO requirements. The Contracting Officer will notify the Contractor of acceptance or required modifications to the plan before the contract start date. The Contractor shall make appropriate modifications and obtain acceptance of the plan by the Contracting Officer before the contract start date.

12.3. Quality Assurance. According to FAR 52.246-4, Inspection of Services – Fixed Price, the

Government will evaluate the Contractor’s performance under this contract.

mailto:bernard.w.givan@usace.army.mil mailto:barbara.l.osterkamp@usace.army.mil https://www.ecmra.mil/

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

3006 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

4006 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

PERFORMANCE

F.1 Period of Performance

The period of performance for a task order will not exceed five (5) years.

F.2 Place of Performance

The place of performance will vary based on the Government’s requirements and will be specified at the task order level.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 12-SEP-2018 TO

11-SEP-2020

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA SEE SCHEDULE

256-895-1110

W912DY

0002 POP 12-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 12-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 12-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 12-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 12-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 12-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 12-SEP-2020 TO

11-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 12-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 12-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 12-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 12-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 12-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 12-SEP-2021 TO

11-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 12-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 12-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 12-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 12-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 12-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 12-SEP-2022 TO

11-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 12-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 12-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 12-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 12-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 12-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 12-SEP-2023 TO

11-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 12-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 12-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 12-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 12-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP…