DOD Lawyers Roundtable Defense Logistics Agency (DLA Energy)

Similar documents
Supporting Strategic Customers Needs

DLA Energy Installation Energy

MDA Acquisition Updates

Get Compliant with the New DFARS Cybersecurity Requirements

DEFENSE LOGISTICS AGENCY AMERICA S COMBAT LOGISTICS SUPPORT AGENCY. Cyber Security. Safeguarding Covered Defense Information.

DLA Energy Installation Energy Overview

Cybersecurity Challenges

NIST Special Publication

Integration of the Energy Industry

OFFICE OF THE UNDER SECRETARY OF DEFENSE 3000DEFENSEPENTAGON WASHINGTON, DC

DFARS Cyber Rule Considerations For Contractors In 2018

ROADMAP TO DFARS COMPLIANCE

DFARS Safeguarding Covered Defense Information The Interim Rule: Cause for Confusion and Request for Questions

Utility Energy Service Contracts (UESCs)

Corvias Energy Initiative

Safeguarding of Unclassified Controlled Technical Information. SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013)

DFARS , NIST , CDI

DOE Energy Savings Performance Contracts (ESPCs) and ESPC ENABLE

DLA Energy Panel: Energy Resiliency and Assurance

Cybersecurity for Department of Defense Microgrids: An Army Perspective

Safeguarding unclassified controlled technical information (UCTI)

DFARS Defense Industrial Base Compliance Information

DoD Environmental Security Technology Certification Program (ESTCP) Tim Tetreault DoD August 15, 2017

Cyber Security Challenges

2018 SRAI Annual Meeting October Dana Rewoldt, CRA, Associate Director of OIPTT, Iowa State University, Ames, IA, USA

DOD s New Cyber Requirements: Impacts on DOD Contractors and Subcontractors

Cybersecurity Risk Management

INTRODUCTION TO DFARS

ESPC Overview. Definition and Need. Program Description. Questions and Answers. Curt Murdock & Rod Bridgeman August 6

CYBER SECURITY BRIEF. Presented By: Curt Parkinson DCMA

2017 SAME Small Business Conference

Cybersecurity in Acquisition

PUBLIC PROCUREMENT AUTHORITY LEASING SERVICES Solicitation Synopsis Solicitation No. 1545

Cybersecurity for Government Contractors: Preparing for Cyber Incidents in 2017

Cyber Security Challenges

Akin Gump Client Update Alert

PilieroMazza Webinar Preparing for NIST SP December 14, 2017

Energy Integration Program Submarine Base New London, CT

Adobe Digital Media (Formerly Desktop) Products Enterprise Software Agreement Carahsoft Technology. Blanket Purchase Agreement (BPA) N A-ZF31

Inapplicability to Non-Federal Sales and Use

Preparing for NIST SP January 23, 2018 For the American Council of Engineering Companies

NETWORX PROGRAM INDIVIDUAL SMALL BUSINESS SUBCONTRACTING PLAN IDIQ TASK ORDER BASED

Safeguarding Controlled Unclassified Information and Cyber Incident Reporting. Kevin R. Gamache, Ph.D., ISP Facility Security Officer

Track 11, Session 4 -- Campus Utility Distribution Systems

Department of Defense Cybersecurity Requirements: What Businesses Need to Know?

Tactical Microgrid Standardization Update to the EGSA Government Relations Committee

Protecting Controlled Unclassified Information (CUI) in Nonfederal Systems and Organizations (NIST SP Revision 1)

Federal Initiatives to Protect Controlled Unclassified Information in Nonfederal Information Systems Against Cyber Threats

Department of Defense Installation Energy Program

existing customer base (commercial and guidance and directives and all Federal regulations as federal)

Small Hydro Regulatory and Permitting Requirements California

SAC PA Security Frameworks - FISMA and NIST

IMPROVING CYBERSECURITY AND RESILIENCE THROUGH ACQUISITION

Safeguarding Unclassified Controlled Technical Information

United States Energy Association Energy Technology and Governance Program REQUEST FOR PROPOSALS

Another Cook in the Kitchen: The New FAR Rule on Cybersecurity

siemensgovt.com Pocket Guide to Federal Contracts

Environment, Energy Security, and Sustainability Symposium and Exhibition (E2S2)

Moving from Metering to EMIS

Introduction to CFCM Exam

DEFENSE LOGISTICS AGENCY

Schools and Libraries (E-rate) Program FCC Form 473 User Guide

Special Publication

FedMall Frequently Asked Questions

COMPLIANCE IN THE CLOUD

Login & Registration Quick Start Guide

cybersecurity challenges for government contractors

UNCLASSIFIED. FY 2016 Base FY 2016 OCO

New Jersey LFN Packet Check List

ISA 201 Intermediate Information Systems Acquisition

Cybersecurity and Program Protection

Rocky Mountain Cyberspace Symposium 2018 DoD Cyber Resiliency

Advanced Technology Academic Research Council Federal CISO Summit. Ms. Thérèse Firmin

Securing Buildings & Facilities From Emerging Cyber Threats

San Dimas TDC Solar Project. John Handy, Federal Business Development Manager September 28, 2016

TACOMA PUBLIC UTILITIES CYBERSECURITY PROGRAM NIAC WORKSHOP JUNE 2017

GDPR AMC SAAS AND HOSTED MODULES. UK version. AMC Consult A/S June 26, 2018 Version 1.10

Appendix 2B. Supply Chain Risk Management Plan

Future of the Data Center

November 20, (Via DFARS Case 2013-D018)

Career Center for Development of Security Excellence (CDSE) Pre-Approved for CompTIA CEUs

Protecting Controlled Unclassified Information(CUI) in Nonfederal Information Systems and Organizations

Why is the CUI Program necessary?

Regulating Information: Cybersecurity, Internet of Things, & Exploding Rules. David Bodenheimer Evan Wolff Kate Growley

Cyber Attacks & Breaches It s not if, it s When

10 Considerations for a Cloud Procurement. March 2017

GSA Renewable Energy Purchasing Update

New Cyber Rules. Are You Ready? Bob Metzger, RJO Dave Drabkin, DHG Tom Tollerton, DHG. Issues in Focus Webinar Series. government contracting

-Eight types of cyber data, (Sec. 708(7))

FedMall Frequently Asked Questions

Compliance & Security in Azure. April 21, 2018

Mission Aware Cybersecurity

The FAR Basic Safeguarding Rule

Resilience for Installations and Communities

Exhibit R-2, RDT&E Budget Item Justification

USACE Sustainable Contracting

DOD INSTRUCTION DOD FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER (FFRDC) PROGRAM

Distributed Generation Interconnection in Illinois

Blanket Purchase Agreement Attachment D Ordering Guide. SolarWinds DLT Solutions, LLC. Blanket Purchase Agreement (BPA) N A-ZF42

American Association for Laboratory Accreditation

Transcription:

Session: DoD Lawyers Roundtable DOD Lawyers Roundtable Defense Logistics Agency (DLA Energy) Kelly Tischler, Senior Counsel August 10, 2016 Rhode Island Convention Center Providence, Rhode Island

DLA Energy Mission/Role in RE Procurements Acquisition partner for military services for renewable energy projects Contracting activity Conduct FAR/DFARS based RE acquisitions on behalf of military services Does not generate underlying requirements Does not conduct leasing or real property actions Does not provide funding or pay the bill Works closely with Army, AF, and Navy during all phases of renewable project acquisition 2

DLA Energy RE Projects Awarded RE contracts: Fort Drum (Biomass plant) Fort Detrick (Onsite solar) Fort Hood (Onsite solar/offsite wind) RE projects under solicitation: Vandenburg AFB (Onsite solar) JB Cape Cod (Onsite solar) Navy PJM NDW (Offsite) Navy PJM MidLant (Offsite) EPA Edison (Onsite solar)** 3

Contract Authorities 10 U.S.C. 2922a Primary authority used for PPAs Overview/Scope 30 year contracting authority Contract for provision and operation of energy production facilities on Service land or private property and purchase of energy from the facility Unique Aspects Requires OSD approval before contract award Requires incorporation of real property agreement (e.g., lease) into contract 4

Contract Authorities 10 U.S.C. 2410q Overview/Scope Up to 10 year contracting authority Contract for purchase of electricity from sources of renewable energy as defined in Section 203(b)(2) of the 2005 EPAct Unique Aspects Requires special cost effectiveness determination for contracts in excess of 5 years Not often used 5

Acquisition Model Contract Structure FAR commercial items supply contracts Contract for supply of electricity from RE facility Uses tailored FAR commercial items terms Title to facility Contractor retains title to facility during contract Government has option to purchase the facility at contract end Real property Incorporates real property agreement into contract (10 U.S.C. 2922a only) 6

Acquisition Model NOITA Process Notice of Intent to Award Issued to apparently successful offeror on the basis of competitive proposals Contains multiple contingencies that must be satisfied before award can be made NOT a contract award itself, only a notice of intent Purpose To resolve items that cannot be finalized before source selection but which must be finalized before award E.g., Signed interconnection agreement, finalized lease terms, OSD approval 7

Hot Topics/Current Challenges Cybersecurity Hot topic across all DoD, not just RE projects DFARS Part 204.73 252.204 7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2015) Requires Protection of contractor information systems Investigation of cyber incidents Reporting of cyber incidents and damage assessment 8

Hot Topics/Current Challenges Cybersecurity Key points: adequate security = compliance with standards in NIST SP 800 171 (but not until Dec. 31, 2017) covered defense information includes OPSEC information, such as: Installation electrical grid/system information Electrical load and consumption information Mandatory subcontractor flowdown DFARS Prescription Mandatory prescription to include in all solicitations and contracts, including those for commercial items 9

Hot Topics/Current Challenges Energy Resiliency Energy resiliency Incorporating ways to ensure renewable energy supply remains consistently available for use E.g., battery storage, microgrids Acquisition challenges Defining the requirement Technical and price evaluation Incorporation into final source selection 10