S--ELECTRICITY SERVICES FOR HOUSTON RO

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. ii. VA362-12-Q-0001 iii. The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-54 iv. The solicitation is unrestricted. The applicable NAIC Code for this solicitation is 221122, and the Small Business Size limitation is 4 million megawatts of electricity distribution per year. v. The contractor shall provide electricity services to the Houston Regional Office, HARC Warehouse Building located at 10001 Fannin Street, Suite 600, Houston TX 77045. In order to be considered for award, the contractor must be certified by the Electric Reliability Council of Texas (ERCOT) to provide electricity in the 77045 zip code. CLIN 0001: Electricity Service, 1 KWh. Contractors shall provide their quotes based on their price for 1 kilowatt-hour. The estimated amount of kilowatt-hours per year at this location is 361,000. vi. Description of Requirement The contractor shall provide electricity services to the Houston Regional Office, HARC Warehouse Building located at 10001 Fannin Street, Suite 600, Houston TX 77045. In order to be considered for award, the contractor must be certified by the Electric Reliability Council of Texas (ERCOT) to provide electricity in the 77045 zip code. The Government anticipates that it will make award WITHOUT discussions. Therefore, prospective Offerors are highly encouraged to submit their most favorable quote in terms of both price and non-price related factors as their initial offer. vii. Period of Performance: January 1, 2012 - December 31, 2012 FOB Point: Department Of Veterans Affairs Houston Regional Office, HARC Warehouse 10001 Fannin Street, Suite 600 Houston TX 77045 viii. FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this solicitation. The following provisions and clauses are added as addenda: 52.241-1 ELECTRIC SERVICE TERRITORY COMPLIANCE REPRESENTATION (MAY 1999) (a) Section 8093 of Public Law 100-202 generally requires purchases of electricity by any department, agency, or instrumentality of the United States to be consistent with State law governing the provision of electric utility service, including State utility commission rulings and electric utility franchises or service territories established pursuant to State statute, State regulation, or State-approved territorial agreements. (b) By signing this offer, the offeror represents that this offer to sell electricity is consistent with Section 8093 of Public Law 100-202. (c) Upon request of the Contracting Officer, the offeror shall submit supporting legal and factual rationale for this representation. (End of Provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html (FAR) http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (VAAR) 52.204-7 Central Contractor Registration (AUG 2008) 52.232-38 Submission of Electronic Funds Transfer Information With Offer (MAY 1999) 52.233-2 Service of Protest (SEP 2006) 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. VAAR 852.233-70 Protest Content/Alternative Dispute Resolution (JAN 2008) VAAR 852-233-71 Alternative Protest Procedure (JAN 1998) VAAR 852.270-1 Representatives of Contracting Officers (JAN 2008) VAAR 852.273-74 Award Without Exchanges (JAN 2003) ix. FAR 52.212-2, Evaluation - Commercial Items, applies to this solicitation. Offers will be evaluated based on the following criteria in descending order of importance: 1. Previous Experience. The extent to which the Offeror has provided the same or similar services to the Department of Veterans Affairs. Those Offerors who have previous experience providing electricity services to the Department of Veterans Affairs will be considered more significantly than those who have not. 2. Longevity. The number of consecutive years the Offeror has provided electricity to the 77045 zip code area. Those Offerors who have provided service to this area for 10 consecutive years or longer will be considered more significantly than those who have not. 3. Past Performance. The past performance of the Offeror in other commercial or Government contracts will be evaluated. 4. Service-Disabled Veteran-Owned Small Business/Veteran-Owned Small Business. Offerors that are verified by the Center for Veterans Enterprise as SDVOB or VOB concerns will be considered more significantly than those concerns that are not SDVOB or VOB concerns. 5. Price. The Offeror's price per kilowatt-hour will be evaluated as to reasonableness. x. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items applies to this solicitation. Offerors shall submit a completed copy of FAR 52.212-3 with its Offer. xi. FAR 52.212-4, Contract Terms and Conditions - Commercial Items applies to this solicitation. The following provisions and clauses are added as addenda: 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. 52.232-19 AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond September 30, 2012. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2012, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRY (MAY 1999) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause). (b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: ``designated office'') by the date and time specified for receipt of quotes. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s). (2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract. (c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. (d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract-financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension. (e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-- (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply. (f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract. (j) EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause. (1) The contract number (or other procurement identification number). (2) The Contractor's name and remittance address, as stated in the contract(s). (3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information. (4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent. (5) The Contractor's account number and the type of account (checking, saving, or lockbox). (6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent. (7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment. (End of clause) 52.241-2 ORDER OF PRECEDENCE -- UTILITIES (FEB 1995) In the event of any inconsistency between the terms of this contract (including the specifications) and any rate schedule, rider, or exhibit incorporated in this contract by reference or otherwise, or any of the Contractor's rules and regulations, the terms of this contract shall control. (End of Clause) 52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995) (a) For the period January 1, 2012 through December 31, 2012, the Contractor agrees to furnish and the Government agrees to purchase electric utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract. (b) It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date. (c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service that are in effect as of the date of this contract and any subsequently approved rates. (d) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective. (End of Clause) 52.241-4 CHANGE IN CLASS OF SERVICE (FEB 1995) (a) In the event of a change in the class of service, such service shall be provided at the Contractor's lowest available rate schedule applicable to the class of service furnished. (b) Where the Contractor does not have on file with the regulatory body approved rate schedules applicable to services provided, no clause in this contract shall preclude the parties from negotiating a rate schedule applicable to the class of service furnished. (End of Clause) 52.241-5 CONTRACTOR'S FACILITIES (FEB 1995) (a) The Contractor, at its expense, unless otherwise provided for in this contract, shall furnish, install, operate, and maintain all facilities required to furnish service hereunder, and measure such service at the point of delivery specified in the Service Specifications. Title to all such facilities shall remain with the Contractor and the Contractor shall be responsible for loss or damage to such facilities, except that the Government shall be responsible to the extent that loss or damage has been caused by the Government's negligent acts or omissions. (b) Notwithstanding any terms expressed in this clause, the Contractor shall obtain approval from the Contracting Officer prior to any equipment installation, construction, or removal. The Government hereby grants to the Contractor, free of any rental or similar charge, but subject to the limitations specified in this contract, a revocable permit or license to enter the service location for any proper purpose under this contract. This permit or license includes use of the site or sites agreed upon by the parties hereto for the installation, operation, maintenance, and repair of the facilities of the Contractor required to be located upon Government premises. All applicable taxes and other charges in connection therewith, together with all liability of the Contractor in construction, operation, maintenance and repair of such facilities, shall be the obligation of the Contractor. (c) Authorized representatives of the Contractor will be allowed access to the facilities on Government premises at reasonable times to perform the obligations of the Contractor regarding such facilities. It is expressly understood that the Government may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, public safety). (d) Unless otherwise specified in this contract, the Contractor shall, at its expense, remove such facilities and restore Government premises to their original condition as near as practicable within a reasonable time after the Government terminates this contract. In the event such termination of this contract is due to the fault of the Contractor, such facilities may be retained in place at the option of the Government for a reasonable time while the Government attempts to obtain service elsewhere comparable to that provided for hereunder. (End of Clause) 52.241-6 SERVICE PROVISIONS (FEB 1995) (a) Measurement of service. (1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than 1 percent slow or fast shall be deemed correct. (2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than 30 days shall be prorated accordingly. (b) Meter test. (1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding 2 year(s) The Government has the right to have representation during the inspection and test. (2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than 1 percent slow or fast. (3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of 1 percent under normal operating conditions. (c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location. (d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than 2 hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge). (End of Clause) 52.241-8 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR UNREGULATED SERVICES (FEB 1995) (a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body. (b) After December 31, 2012, either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes. (c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service. (d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract. (e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification. (End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (VAAR) 52.232.35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (MAY 1999) VAAR 852.203-70 Commercial Advertising (JAN 2008) VAAR 852.211-73 Brand Name or Equal (JAN 2008) VAAR 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (DEC 2009) VAAR 852.215-71 Evaluation Factor Commitments (DEC 2009) Subcontracting Commitments - Monitoring and Compliance This solicitation includes VAAR Clause 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in the assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end the support contractor(s) may be required access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information of data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services that support contractor(s) will perform in assessing compliance are advisory assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments. xii. 52.212-5, Terms and Conditions Required to Implement Executive Orders - Commercial Items, applies to this solicitation. The following provisions and clauses are selected as appropriate to this solicitation: Paragraph b clauses applicable: (4) 52.204-10 Reporting Executive Compensation & First Tier Subcontract Awards (JUL 2010) (6) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (7) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (21) 52.219-28 Post-Award Small Business Program Representation (APR 2009) (26) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (27) 52.222-26 Equal Opportunity (MAR 2007) (29) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) (36) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (40) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) (46) 52.232-34 Payment by Electronic Funds Transfer - Other than Central Contractor Registry (MAY 1999) (47) 52.232.36 Payment by Third Party (FEB 2010) xiii. N/A xiv. N/A xv. Offers are due not later than December 29, 2011 by 2:00PM Central Time. Offers may be submitted electronically to [email protected] or to (713) 383-1942. Offers may be submitted by mail to the following address Department of Veterans Affairs Support Services Division (362/24) Attn: John Player, Contracting Officer 6900 Almeda Road Houston TX 77030-4200 Offers should include the following information to be fully considered for award: 1. Previous Experience. The Offer must contain evidence of previous experience working with the Department of Veterans Affairs for full consideration. Evidence includes, but is not limited to a description of services provided, including contract number, period of performance and contact information of an individual who can validate the information. 2. Longevity. The Offer must contain evidence of the length of time the Offeror has been providing electricity services to zip code 77045 for full consideration. Evidence includes Dunn & Bradstreet information, articles of incorporation or other documentation to support the dates of inception. 3. Past Performance. The Offer must contain past performance information. Offerors shall provide a maximum of three (3) points of contact for commercial business concerns where the Offeror has provided services in the previous three (3) calendar years. Points of contact shall include the name of the company, the point of contact, telephone number, and periods of performance. Past performance information may also contain contract numbers - if known. 4. Service-Disabled Veteran-Owned Small Business/Veteran-Owned Small Business. Offerors who represent themselves as a SDVOB or VOB concern will be verified on the Center For Veterans Enterprise Website. Only those Offerors who are listed as verified on the CVE website at the time of evaluation of proposals will receive consideration under this evaluation factor. 5. Price. The Offer must include the Offeror's proposed price per kilowatt-hour. xvi. For additional information, please contact the Contracting Officer, John A. Player at (713) 383-1987, or by e-mail to [email protected]