SF30_47PA0422R0001_Amendment 0001 (1).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

47PA0422R0001

9B. DATED (SEE ITEM 11)

1/31/2022

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

2/14/2022

4. REQUISITION/PURCHASE REQUISITION NUMBER

EQPMAA-22-0034

5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE PMAA 7. ADMINISTERED BY (If other than Item 6) CODE PMAA

GSA, Energy Division

1800 F Street, NW, Room 5118

Washington DC, DC 20405 USA

GSA, Energy Division

1800 F Street, NW, Room 5118

Washington DC, DC 20405 USA

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended.

is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Subject solicitation is amended to note that:

1) GSA has provided responses to questions received in a Questions and Answers document which is hereby incorporated by reference.

[See Description of Modification Continuation Page]

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Matthew Harbeson, Contracting Officer

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

INSTRUCTIONS (Back Page):

Instructions for items other than those that are self-explanatory, are as follows:

(a)

(b)

Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date).

(2) Accounting classification Net decrease $

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation

(1)

(2)

(3)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the

(g)

(h) sheet".

Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification).

(4)

(5) convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(1)

(2)

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document.

Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

(i) Total contract price increased by $

(ii) Total contract price decreased by $

(iii) Total contract price unchanged.

(c)

(d)

(e)

(f)

Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor). For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Items 9, (Amendment of Solicitation Number - Dated), and 10, (Modification of Contract/Order Number - Dated). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data).

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following

(3)

(4)

(5)

(6)

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

(i) A reference to the letter determination; and

(ii) A statement of the net amount determined to be due in settlement of the contract.

Include subject matter or short title of solicitation/contract where feasible.

entries:

(1) Accounting classification Net increase $

(i) Item 16B. The contracting officer's signature is not required on solicitation amendments. The contracting officer's signature is normally affixed last on supplemental agreements.

STANDARD FORM 30 (REV. 11/2016) BACK

Description of Modification Continuation Page ... (Continued)

2) The Exhibit 1 file has been updated, all updates are listed on the “Updates” sheet of the updated file “ GSA+R5+IL+OH+Spring+2022+Electricity+Solicitation+No.+47PA0422R0001+Exhibit+1 Amendment 1”

3) The solicitation has been amended to add the following language in Section A.12 (page 5 of the solicitation), “Note: Executive Order (EO) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, was issued on December 8, 2021.

The EO requires the Government to transition to 100% Carbon Pollution-Free Electricity (CFE) on a net annual basis by 2030, including fifty (50) percent 24/7 CFE. During the term of the contract, if the CFE market develops to a point that it is viable for the Contractor to deliver CFE to the Government under the contract, the Contractor must be willing to discuss such delivery, subject to bilateral contract modification.”

4) The solicitation has been amended to change the POC in Section C.3 (page 35 of the solicitation) regarding submissions of Evidence of Technical Acceptability from matthew.harbeson@gsa.gov and demeterius.harmon@gsa.gov to matthew.harbeson@gsa.gov and ky.nguyen@gsa.gov.

All other terms and conditions of the solicitation remain the same.

mailto:brian.dwyer@gsa.gov mailto:demeterius.harmon@gsa.gov mailto:matthew.harbeson@gsa.gov mailto:ky.nguyen@gsa.gov

INTERNAL

47PA0422R0001 GSA R5 IL & OH Competitive Electricity Questions and Answers

Received as of 3:00 PM EST Tuesday February 8, 2022

QUESTIONS RECEIVED DURING FEBRUARY 8TH CALL

Q1) Can GSA confirm if Ohio Commercial Activity Tax (CAT) is to be included in bid prices for the OH pricing groups?

A1) Per Sections A.1, C.2 and Attachment 2, Ohio Commercial Activity Tax (CAT) is to be included in bid prices.

Q2) Can GSA confirm whether Offerors will be required to submit anything in their technical proposals in relation to Executive Order 14042 “Ensuring Adequate COVID. Safety Protocols for Federal Contractors”?

A2) At this time nothing has been included in the solicitation regarding E.O. 14042 and Offerors are not required to submit anything regarding this E.O.

Q3) Can GSA provide additional information on the “Account Notes” sheet in the Exhibit 1 file?

A3) For accounts where Column S of the “Summary” sheet references “See "Account Notes" Sheet”, detailed notes have been provided for those accounts in the “Account Notes” sheet.

QUESTIONS RECEIVED IN WRITING

Q4) Should Ohio PUCO, Ohio Consumers' Counsel (OCC) and Commercial Activity Tax [CAT] charges associated with pass through charges (Capacity) also be passed through? If some of these charges associated with Pass Through charges (Capacity) should be included in the fixed price-portion please indicate which of these three charges should be included?

A4) Per Sections A.1, C.2 and Attachment 2 of the solicitation, all charges associated with these two items as applicable are to be included in the fixed price portion of bids. GSA will not allow suppliers to pass through charges for either tax. If the State of Ohio changes the rates for either item during the term of any awarded contract this would be addressed under Section A.14 Electricity Regulatory Changes of the GSA contract.

Q5) Proposer requests the right to withdraw its price(s) at any time prior to bid being awarded.

A5) Confirmed. While GSA strongly encourages all offerors to hold their prices until 1:30 p.m. per the solicitation requirements, Offerors may withdraw bids up until a notice of award via email is sent to the Offeror.

Q6) Proposer requests the right to supplement or amend any of the questions, clarifications, or exceptions listed in this document.

A6) The Question and Answer period regarding solicitation terms and conditions closed at 3:00 PM EDT on February 8, 2022. If suppliers have additional account or data related questions those can be submitted until 5:00 PM EDT on March 3rd, 2022.

Q7) Proposer would like to understand if any of the accounts to be served have existing or planned behind-the-meter generation including but not limited to cogeneration, solar, wind, fuel cell, etc. If so, please provide as many details as possible including installation date, fuel type, historic output, forecasted output, etc. beyond what is already noted in Exhibit 1.

A7) GSA is not aware of any additional behind the meter generation assets planned for the installations included in this solicitation. Any known load changes are noted in the exhibit 1 file.

Q8) How has COVID-19 impacted usage?

A8) GSA currently does not have load reduction estimates for our facilities at this time but it can be expected to see reduced demand in buildings that have closed or operating at reduced occupancy. A full list of GSA closures and operating status can be found:

https://www.gsa.gov/governmentwide-initiatives/emergency-response/facilities-status-and-information-overview " any future load changes have not been estimated at this time.

https://urldefense.com/v3/__https:/www.gsa.gov/governmentwide-initiatives/emergency-response/facilities-status-and-information-overview__;!!OjemSMKBgg!wecLIABE6A1xPq1zsEQLFAhM4fWiEKAKqWZZSesJ8gjb2_GvxDLtN8Ty0YlTrpxLKQ$ https://urldefense.com/v3/__https:/www.gsa.gov/governmentwide-initiatives/emergency-response/facilities-status-and-information-overview__;!!OjemSMKBgg!wecLIABE6A1xPq1zsEQLFAhM4fWiEKAKqWZZSesJ8gjb2_GvxDLtN8Ty0YlTrpxLKQ$

Q9) Are there any future reductions in usage expected due to COVID-19 for the proposed contract term?

A9) GSA currently does not have an estimated timeline or estimates regarding load reduction for our facilities at this time but it can be expected to see reduced demand in buildings that have closed or operating at reduced occupancy. A full list of GSA closures and operating status can be found: https://www.gsa.gov/governmentwide-initiatives/emergency-response/facilities-status-and-information-overview "

Q10) With respect to Page 5, A.5 Risk of Loss, please verify that it is understood that Contractor supplies electricity to the ISO/utility interconnect and title to the electricity shall switch from the Proposer to the Government. Any risk of loss shall transfer from the Proposer to the Government at the ISO/utility interconnect.

A10) GSA confirms.

Q11) With respect to Page 4, Section A.12.(b), Renewable Power for Facilities in this Contract.

Please verify it is understood that that title to the RECs should pass to the Government through retirement by Contactor once delivery and payment for the RECs have been completed and following the close of the calendar year.

A11) GSA confirms regarding title passing to the Government. See Section A.12 regarding the Annual Renewable Report and REC retirement confirmation being due by October 31st of each calendar year.

Q12) General clarification: Please verify that the Government will not offer for sale any RECs delivered by Proposer pursuant to this agreement.

A12) GSA confirms.

Q13) With respect to Page 6, A. 17, EnelX fee: Proposer clarifies that any payments to EnelX will be pursuant to the terms and conditions of the Master Broker Agreement executed between Proposer and EnelX for any broker or administrative payments being collected or remitted.

A13) Clarification Noted

Q14) With respect to Page 33, C.3 Price Proposal and Attachment 2, Proposer clarifies that for the Ohio accounts, Proposer adheres to the PUCO’s “fixed means fixed” order in which fixed costs are “included in price subject to change in law” with change in law as described in the Solicitation. Pursuant to this order, the Government affirmatively consents to modify the price pursuant to Section A.14, Electricity Regulatory Changes, as provided in the Solicitation, if applicable. Would the Government agree to this?

A14) The Government will act consistently with the terms of Section A.14 in evaluating price changes resulting from changes in Federal, State, or Local regulation.

Q15) With respect to Page 35, C.2. Price Proposal, subitem (4) – Proposer will accept an award letter on GSA’s letterhead, signed be the Contracting Officer, listing the price and term, referencing the solicitation and list of accounts. Please clarify that this will be the award process.

A15) GSA Confirms

Q16) With respect to Page 37, D.3., Post Award Requirement for Small Business Subcontracting Plan, please verify it is understood that Proposer will not be utilizing subcontractors pursuant to this RFP.

A16) This language is no longer in the contract. See Section C.3 regarding the requirement for a small business subcontracting plan to be submitted as part of technical proposals.

Q17) Please verify that damages are limited to direct, actual damages.

A17) GSA is unclear to your reference regarding damages, however all language in the solicitation regarding damages remains unchanged.

Q18) Proposer requests the inclusion of the following provisions, which have been acceptable to the Government in connection with prior solicitation responses by Proposer:

https://urldefense.com/v3/__https:/www.gsa.gov/governmentwide-initiatives/emergency-response/facilities-status-and-information-overview__;!!OjemSMKBgg!wecLIABE6A1xPq1zsEQLFAhM4fWiEKAKqWZZSesJ8gjb2_GvxDLtN8Ty0YlTrpxLKQ$ https://urldefense.com/v3/__https:/www.gsa.gov/governmentwide-initiatives/emergency-response/facilities-status-and-information-overview__;!!OjemSMKBgg!wecLIABE6A1xPq1zsEQLFAhM4fWiEKAKqWZZSesJ8gjb2_GvxDLtN8Ty0YlTrpxLKQ$

a. Miscellaneous. If in any circumstance Proposer does not provide notice of, or object to, any default on the Government’s part under this Agreement, such situation will not operate or be construed as a waiver of any future default, whether like or different in character.

b. Miscellaneous (cont’d). If any portion of this Agreement is held legally invalid, the remainder will not be affected and will be valid and enforced to the fullest extent permitted by law and equity, and there will be deemed substituted for the invalid provisions such provisions as will most nearly carry out our mutual intent as expressed in this Agreement.

c. Miscellaneous (cont’d). This Agreement contains the entire agreement between both Parties, supersedes any other agreements, discussions or understandings (whether written or oral) regarding the subject matter of this Agreement, and may not be contradicted by any prior or contemporaneous oral or written agreement.

d. Miscellaneous (cont’d). Proposer is an independent contractor under this Agreement, and nothing in this Agreement will be construed to constitute a joint venture, fiduciary relationship, partnership or other joint undertaking.

A18) Per solicitation section C2 (7) The Government will not accept any exceptions to this solicitation which are inconsistent with the terms and requirements of this solicitation.

Q19) With regards to Attachment 3, which includes a Generator Registration Form as part of the Annual Renewable Report, would submission of this report by the Proposer be duplicative when facilities that are in RTOs submit their attestations to Green-e, and the Proposer’s third-party auditor follows Green-e protocol? In addition to the Proposer providing proof (via M- RETS/ERCOT/applicable EIS) of eligibility of the tracked facilities used to purchase the REC’s.

A19) The Government’s response is no. The solicitation specifies the awarded Offeror must provide all the information specified in Attachments three (3), four (4) and five (5) so the Government can verify the source, vintage and number of Renewable Energy Credits purchased and retired on the Government’s behalf by the Contractor for the specific accounts included in this contract.

Q20) Proposer appreciates GSA and Enel X compiling load data. Proposer would like to obtain data on its own via the standard LOA process as it further confirms our ability to timely communicate and enroll any accounts that it may be awarded. Can GSA please provide valid LOAs?

A20) Per the SAM posting for this solicitation, LOA’s can be obtained by reaching out in writing to the contracting officer.

Q21) For account 3220074001, up to 8/19/2021, the data we are seeing in the utility’s portal (which appears to include data for both meter 106165234 and 106035844, as well as some other meters) matches what GSA’s summary data has for just meter 106035844, which is making the utility data appear much lower than GSA’s data, as GSA have additional usage listed for meter 106165234. In addition, the utility is not showing any estimated reads since then (during the period that GSA’s data says there were issues with meter 106165234 and that meter 106035844 might be closed), and the data Duke shows appears to be in line with the previous data. Can you provide more information about the metering issue for account 3220074001? Does the metering issue go back before the new meter was installed in September? Is the utility data understating the total usage for this account, or is it possible that the data for meter 106165234 is already included in the data for meter 106035844 (up to 8/19/2021) and is therefore being double-counted in the summary data file provided with the RFP? We’ve provided a copy of the portal data at Duke in the below images.

A21) See the note included in the “Account Notes” sheet in the Exhibit 1 file regarding ongoing meter issues for this account.

Q22) The interval data provided for 8580067401 appears to be incomplete, with gaps in the data and a mismatch between the meter numbers listed in the interval data vs. the summary data file.

The interval data file includes meters 106035844 (with data for only 1/1/2021-9/22/2021), 108077948 (9/22/2021-10/19/2021), 91532772 (11/17/2021-12/28/2021), and 323931104 (1/1/2021-5/13/2021), none of which are listed in the summary data file (and none of which have a full year of interval data), while the summary file list meters 108033128 and 108174428, neither of which are in the interval file. The only meter number that matches between the two files is 108377247, and the interval data provided for that meter only coves 1/1/2021- 4/26/2021. Can you please clarify the meters that are included in this account and provide a full year of interval data for each of them (or for the account as a whole)?

A22) An updated summary for all meters associated with this account is included in the Exhibit 1 Amendment 1 version. EnelX will be releasing updated data files including interval for the above referenced meters once the data has been received from the utility.

Q23) WRT Duke# 9180075001, Proposer understands the voltage metering discount per Duke’s tariff. For other customers with primary voltage, supplier bills a discounted line loss rate (if passed through) or prices in a lower line loss rate (if line losses are to be fixed, like for GSA) instead of providing different billed and metered volumes in order to reduce customer confusion. Please confirm this common practice would be acceptable.

A23) GSA confirms, see “Account Notes” sheet in the Exhibit 1. As an example if the metered volume for this account for a specific billing period is 100,000 kWhs: Duke would bill the account for 98,500 kWhs and the supplier would also bill the account for 98,500 kWhs.

Q24) On February 7th, Duke notified us of a new LOA form specific to Large Business customers in their territory. We have never seen this requirement or form, and we apologize for the late change. Could you please provide a signed version of this LOA?

A24) See above answer to question #20.

Q25) Per Exhibit 1: 08018186280000226810 will see an annual reduction around 367,135 kWh due to an energy savings plan. This will start in Fall 2022 and be “substantially” complete by Spring 2024. Current annual is at 1,322,416 kWh.

• Can you please confirm that the estimated annual reduction is to be fully recognized by project completion (Spring 2024) and continue throughout the duration of the contract?

• What should we use as the start month for the annual reduction?

• If the annual reduction is not realized immediately, over how many months and what reduction percentage should we use when modeling the usage?

A25) Per the note included in the “Account Notes Sheet” in Exhibit 1, GSA is planning to award an Energy Savings Performance Contract (ESPC) in 2022. Work would begin in Fall 2022 with substantial completion of projects by Spring 2024. As the ESPC contracts have not been awarded yet, GSA cannot provide specifics on project timelines, milestones, or completion dates. This information provided is the best information GSA can provide at this time. Also see Section A.13 Load Changes During the Term of the Contract that states the 20% annual bandwidth is at the pricing group not account level.

Q26) Per Exhibit 1: 08006647204000006906 will see an annual reduction around 6,364,167 kWh due to an energy savings plan. This will start in fall 2022 and be “substantially” complete by Spring 2024. Current annual is at 13,730,172 kWh.

• Can you please confirm that the estimated annual reduction is to be fully recognized by project completion (spring 2024) and continue throughout the duration of the contract?

• What should we use as the start month for the annual reduction?

• If the annual reduction is not realized immediately, over how many months and what reduction percentage should we use when modeling the usage?

A26) See answer 25.

Q27) Per Exhibit 1: 08007552921240001293 will see an annual reduction around 567,394 kWh due to an energy savings plan. This will start in fall 2022 and be “substantially” complete by Spring 2024. Current annual is at 1,758,900 kWh.

• Can you please confirm that the estimated annual reduction is to be fully recognized by project completion (spring 2024) and continue throughout the duration of the contract?

• What should we use as the start month for the annual reduction?

• If the annual reduction is not realized immediately, over how many months and what reduction percentage should we use when modeling the usage?

A27) See answer 26.

Q28) Is the current 12-month HU reflective of any covid impacts?

A28) See answer 8.

Q29) Are there any expected COVID impacts going forward? If so, what’s the estimated usage reduction?

A29) See answer 9.

Q30) Does GSA expect to utilize any onsite generation during the duration of the contract? If so, what is the expected usage impact and for what accounts?

A30) See answer 7.

Q31) 552.216-77 Economic Price Adjustment is “economic price adjustments” synonymous with pass through treatment? Please confirm that the items to be reimbursed as economic price adjustments are pass through items.

A31) Yes. All items listed under Economic Price Adjustment are to be treated as pass-through items at cost. See 552.216-77 Economic Price Adjustment – Electric Supply (March 2020) in Section B of the GSA solicitation for a full description.

Q32) In lieu of the Annual Renewable Report, can the supplier provide confirmation of our annual Green-e audit? The audit provides proof of the verifications requested in the Annual Renewable Report.

A32) No. Per Section A.12 of the solicitation, the annual renewable report must contain attachments three (3), four (4), and five (5).

Q33) I know someone asked on the call about the award notification vs. the actual execution of the agreement. It was mentioned that there was no guarantee that GSA would be executing same day. For how long will the supplier be obligated to hold the price? It sounded like it could be at least another day and given the recent volatility that would be something we’d need to know.

A33) Per Section C.2 (4) of the solicitation, “The offeror agrees to hold the prices in its price proposal firm from the time prices are submitted on March 9th, 2022 until 1:30 p.m.

EDT on March 9th, 2022 for each pricing group. GSA will send a notice of award via email by 1:30 p.m. EDT to the awarded offeror or offerors but may not provide a fully executed contract the same day. Offerors will be required to honor their prices once the notice of award is provided.

Q34) DUKE OH is undergoing a change from the existing account number structure to 22-digit account numbers and that change will take place between the auction and the actual start of the agreement. Does GSA have something in place to handle the scenario that the account numbers that will actually go on flow will be totally different than they are today? I know it was mentioned that the LEN of the supplier has to exactly match the billing entity so figured there was a chance we’d have the same issue if the account numbers didn’t match as well.

A34) If Duke Energy Ohio changes the utility account numbers between the auction date and actual start date of the new contract, GSA will work with the included agencies to collect a list of the new utility account numbers and provide them to the winning supplier.

Table of Contents

SECTION A: SCOPE OF WORK

A.1 GENERAL

A.2 DELIVERY POINT

A.3 NOMINATING AND BALANCING RESPONSIBILITIES

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE

A.5 RISK OF LOSS

A.6 PROTECTION OF CONTRACT INFORMATION

A.7 PAYMENT AND BILLING

A.8 RESERVED

A.9 RESERVED

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT

A.11 RESERVED

A.12 RENEWABLE POWER FOR FACILITIES IN THIS CONTRACT

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT

A.14 ELECTRICITY REGULATORY CHANGES

A.15 CONTRACT ADMINISTRATION

A.16 AUCTION PROCESS FOR PRICING USING EnelX A.17 EnelX FEE

A.18 DAMAGES FOR MISSING CONTRACT START DATE

SECTION B: FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

B.1 CLAUSES INCORPORATED BY REFERENCE

B.2 CLAUSES IN FULL TEXT

(End of clause)

SECTION C: SUBMISSION REQUIREMENTS:

C.1 EVIDENCE OF TECHNICAL ACCEPTABILITY

C.2 PRICE PROPOSAL

C.3 SUBMISSION OF PROPOSALS

SECTION D: EVALUATION FACTORS FOR AWARD:

D.1 EVALUATION

D.2 BASIS FOR AWARD

D.3 POST AWARD REQUIREMENT FOR SERVICE START DATE REPORTING

SECTION E: REPRESENTATIONS AND CERTIFICATION

TECHNICAL PROPOSAL CHECKLIST

ATTACHMENT 1: CONTRACTOR INFORMATION

ATTACHMENT 2: PRICE COMPONENT CONFIRMATION TABLE

ATTACHMENT 3: VERIFICATION FROM RENEWABLE ENERGY SUPPLIER

ATTACHMENT 4: RENEWABLE POWER/RENEWABLE ENERGY CERTIFICATE NOTIFICATION

ATTACHMENT 5: RENEWABLE POWER/RENEWABLE ENERGY CALCULATIONS

ATTACHMENT 6: 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

ATTACHMENT 7: SAMPLE FEDERAL CONTRACTOR VETERANS’ EMPLOYMENT REPORT VETS-4212 FORM 70

ATTACHMENT 8: SUBCONTRACTING PLANS

NOTE: ALL QUESTIONS MUST BE SUBMITTED IN WRITING AND CAN BE SENT VIA:

ELECTRONIC MAIL AT matthew.harbeson@gsa.gov

SECTION A: SCOPE OF WORK

A.1 GENERAL

The General Services Administration (GSA or Government) is requesting proposals for the supply of all electricity supply commodity components up to the Delivery Point as specified in Attachment 2 of this solicitation for Federal facilities located in various Local Distribution Utility (LDU) service territories within the States of Illinois and

Ohio. Pricing is to the Delivery Point and shall include all cost components referenced in Attachment 2 of this solicitation. The price shall also include transmission and distribution line losses to the end-use meter. The

Contractor shall supply the full requirements of such electricity for a term of thirty-six (36) full monthly billing cycles for accounts included in this contract. The Government has placed its requirements into nine (9) pricing groups. The service start date for each account shall begin with the first utility meter read date specified by the applicable utility for the month listed in Exhibit 1 for each account.

In accordance with Section C.2 of this solicitation, for all pricing groups, the Government requires a flat, firm fixed price per kWh for the accounts included in this solicitation to include energy commodity costs, minimum of

+/- 20% annual bandwidth based on the aggregated usage of each pricing group, ancillary services and other ISO costs (OATT tariff, operating reserves, ISO Administrative Fees), applicable public service commission fees, balancing and congestion costs, line losses (including distribution losses to the end use meter), the EnelX fee of

$.00070 per kWh addressed in Section A.17 of this solicitation, Renewable Energy Credits (RECs) that comply with Section A.12 of this solicitation, Marginal Loss Credits (MLCs), Transmission Loss Credits (TLCs), state

Renewable Portfolio Standards (RPS) compliance costs (N/A for Illinois), scheduling, fuel costs and supplier margin. Per Attachment 2, Ohio Commercial Activity Tax (CAT) tax is to be included in the flat, firm fixed price per kWh for the accounts included in Ohio Pricing Groups. Capacity costs (ICAP & UCAP), transmission costs

(including Network Integration Transmission Service (NITS), Regional Transmission Expansion Planning

(RTEP), Financial Transmission Right (FTR), Transmission Reallocation Costs (TEAC), Transmission

Enhancement (TEC)), Reliability Must Run (RMR), Auction Revenue Rights (ARRs), FERC Order 745 and FERC 494 / EL05-121-009 compliance costs as applicable by pricing group as specified in Attachment

2, will be reimbursed as an economic price adjustment in accordance with the terms and conditions of this contract.

All quantities required to be supplied to facilities included in this contract shall be considered firm requirements

(“firm” means electric supply that will not be interrupted except as permitted under this contract) for delivery by the Contractor to the Delivery Point. The Contractor shall be liable for all costs assessed to facilities arising out of or relating to the non-delivery of firm requirements. The electricity provided under this contract shall conform to the tariff of the interstate/intrastate transmitting utility and the LDU at the Delivery Point for the accounts specified in Exhibit 1. The Government has organized its requirements for this solicitation in Exhibit 1 as described below.

Exhibit 1 consists of an Excel spreadsheet that specify the accounts included in this contract and provides aggregate estimated totals. For each account, the following information is provided if available:

(a) LDU rate schedule;

(b) LDU account number;

(c) Agency/account holder;

(d) General Service Location;

(e) LDU;

(f) Monthly consumption (kWh);

(g) Registered monthly on-peak demand (KW) per LDU tariff definition;

(h) Registered monthly maximum demand (KW) per LDU tariff definition;

(i) Monthly on-peak KWH per LDU tariff definition;

mailto:brian.dwyer@gsa.gov

(j) Monthly interim KWH per LDU tariff definition;

(k) Monthly off-peak KWH per LDU tariff definition;

(l) Monthly billing days;

(m) Monthly load factor;

(n) Range of meter read dates throughout the year;

(o) Weather hourly interval data is provided for the account (information on separate spread sheets).

A.2 DELIVERY POINT

The Delivery Point for such electricity shall be the ISO/utility interconnect for the specific facilities identified in

Exhibit 1 of this contract. The utility will then distribute the electricity to the Government’s individual meters.

A.3 NOMINATING AND BALANCING RESPONSIBILITIES

It is the Contractor’s responsibility to conduct all required nominations on behalf of the facilities specified in Exhibit

1. The Contractor shall be fully familiar with the imbalance, transmission grid loss and line loss policies of both the LDU and the interstate/intrastate transmission companies. The Contractor shall be liable for all costs arising out of or relating to these items.

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE

If at any time, unless as a result of an Excusable Delay (see FAR 52.212-4(f)), an account covered by this contract is forced to accept default supply service from the LDU serving in its capacity as the utility supplier of last resort solely as a result of action/inaction by the Contractor, the Contractor shall be responsible for payment of any additional costs incurred.

A.5 RISK OF LOSS

Risk of loss of electricity supplied under this contract shall remain with the Contractor prior to the Delivery Point and shall pass to the Government at and after the Delivery Point specified for each facility.

A.6 PROTECTION OF CONTRACT INFORMATION

The Government will take the necessary and usual steps to maintain the confidentiality of information submitted by offerors prior to award of the contract. The Contractor is advised that the Government will make all contract prices publicly available for the full contract period.

A.7 PAYMENT AND BILLING

The Contractor expressly agrees and acknowledges that each Government facility to which supplies or services are provided pursuant to this contract will be separately responsible for and liable to pay for any such supplies or services. For the avoidance of doubt, GSA will be the responsible party for purposes of making payments for the accounts only where GSA is listed as the Agency on Exhibit 1.

The Contractor will submit a monthly invoice to the Government facility for supplies and services rendered the previous month. The invoice should include the amount of kWhs measured at each meter and must be consistent with the rules of the Illinois Commerce Commission (ICC) and/or Public Utility Commission of Ohio (PUCO), as applicable, regarding issuance and format of bills. The Contractor shall use the LDU's meters, meter readings, and billing cycles for the computation of bills. The Contractor must establish a unique supplier account number for each end-use Government account and provide the corresponding LDU account number on each monthly bill. The

Contractor also expressly agrees and acknowledges they will be required to submit invoices in accordance with each end use agency’s billing requirements and systems which can include requirements for invoices to be submitted through online systems.

It shall be the Contractor’s responsibility to know and understand the specific details and requirements for monthly billing, reporting, and coordination with the LDU. Payment shall be in accordance with FAR 32.9 (Prompt

Payment). If payment is to be made by electronic funds transfer, the provisions of FAR 32.11 (ELECTRONIC

FUNDS TRANSFER), including the clause at 52.232-33 shall apply.

Contractor’s invoices must match the company name as specified in Attachment 1 and payment information for the

Contractor in relation to invoices rendered must match the DUNS number, Tax Identification Number and Cage

Code specified in Attachment 1.

A.8 RESERVED

A.9 RESERVED

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT

It is possible that additional accounts not included in Exhibit 1 may be added to the resultant contract(s). In that event, the Government will provide the Contractor with the facility’s estimated electric requirement (if available) and the two parties shall enter into good faith negotiations to determine a price. A bilateral modification will be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award.

If the Government removes any facilities listed in Exhibit 1, the Government shall provide the Contractor with a written notice 45 business days before any such removal. The Government may unilaterally remove any facilities in its discretion. If accounts are removed, the methodology provided in Section B.1 (b), FAR Clause 52.212-4(l) shall be used to calculate the early termination charges, if any. The provisions of this paragraph shall not apply to accounts with early end dates noted in Exhibit 1 at the time of contract award.

A.11 RESERVED

A.12 RENEWABLE POWER FOR FACILITIES IN THIS CONTRACT

Renewable energy certificates" (RECs) are unique certificates that represent all of the environmental attributes or benefits of a specific quantity of renewable generation. RECs are created when a renewable energy facility generates electricity. The terms Renewable Energy Credits, Tradable Renewable Certificates, renewable power or

Green Tags, are equivalent terms.

The Contractor shall deliver wind or solar RECs equal to twenty percent (20%) of total usage required for all accounts included in Pricing Groups one (1), three (3), five (5) and eight (8) and one hundred percent (100%) for the accounts in Pricing Groups two (2), four (4), six (6), seven (7) and nine (9) as specified in Section C.2 and

Exhibit 1. The renewable power requirement is load following and the number of RECs delivered will be based on actual usage for each account. The REC content requirements are in addition to any renewable power required to comply with the State of Illinois and/or State of Ohio’s Renewable Portfolio Standards (RPS) requirements, if any, during the term of any resultant contract(s). The renewable power that the Contractor provides must come from renewable resources that have been placed in service within 10 years prior to the start of the Government’s fiscal year for each year of the contract. For the contract’s first year, resources will need to have been placed in service on or after October 1, 2012.

Annual Renewable Report

The Contractor shall provide an annual report. The annual reporting period shall be October 1 through September

30. The annual report shall contain the following elements:

(a) Verification of the product content for the annual reporting period that:

(1) Indicates the source of new renewable power, zip code of the source and the EGRID sub region for the new source; and

(b) Verification that:

(1) The Contractor has not sold the renewable power more than once (as either a renewable power product or as a REC product), and in the case of a reseller that purchases a wholesale product for retail sale, reasonable measures are taken to ensure that suppliers also do not sell renewable power more than once;

(2) All environmental attributes, including any attendant emission credits which are specifically owned by or to which the renewable power generator is otherwise entitled convey to the purchaser

(i.e. Government);

(3) The Contractor has not sold any emission allowances/credits, or other environmental attributes which are specifically owned by or to which the renewable power generator is otherwise entitled to convey associated with renewable power; and

(4) The renewable power that is used to fulfill the requirements of this solicitation is also not being used to meet any federal, state, or local renewable energy requirement, renewable energy procurement, renewable portfolio standard, or other renewable energy mandate.

The Annual Report shall be submitted to both the CO and COR at the addresses specified in Section A.15 no later

October 31 each year and shall contain Attachments three (3), four (4) and five (5).

Renewable Power Vintage: To qualify as an eligible REC under this contract, the renewable power must be generated during the Government’s applicable fiscal year calendar which is October 1 through September 30 for each year of the contract and the six (6) months immediately preceding that time period and the three (3) months immediately following that time period (e.g., April 1, 2021 through December 31, 2022 for fiscal year 2022).

Definition of Renewable Energy

For the purposes of this contract and this Section A.12, renewable energy and biomass shall have the definitions as specified by the Energy Policy Act of 2005, currently codified at 42 U.S.C. § 15852(b).

Note: Executive Order (EO) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, was issued on December 8, 2021. The EO requires the Government to transition to 100% Carbon Pollution-Free

Electricity (CFE) on a net annual basis by 2030, including fifty (50) percent 24/7 CFE. During the term of the contract, if the CFE market develops to a point that it is viable for the Contractor to deliver CFE to the

Government under the contract, the Contractor must be willing to discuss such delivery, subject to bilateral contract modification.

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT

As indicated in Section A.1, this contract is for the full requirements of each account at the Delivery Point. The full requirements are expressed as estimates on Exhibit 1 of the solicitation. The Government does not estimate that its aggregate load will change in a significant manner throughout the term of this contract unless noted on Exhibit 1.

The Government considers an annual change in the aggregate kWh consumption of each pricing group in excess of twenty percent (20%) each contract year to be significant. The historical volumes are given in Exhibit 1 and these volumes will be used in determining annual changes. In the event of a significant change in contract load, the

Government agrees, if requested by the Contractor, to negotiate in good faith with the Contractor to equitably adjust the contract price to account for the incremental costs, if any, associated with such load change beyond the twenty percent (20%) measurement threshold. Any proposed adjustments to contract pricing must compare the contract price with the market price at the time of usage deviation to arrive at an adjustment to contract pricing. The

Government will notify the Contractor of any significant anticipated load changes as soon as it becomes aware of such anticipated changes.

A.14 ELECTRICITY REGULATORY CHANGES

(a) The contract price includes all applicable Federal, State, and local regulations including ISO/RTO charges expected to be in effect and applicable to this contract at the time of contract award.

(b) After-Imposed Charges Due to a Change of Federal, State, or Local Regulation, means any new or modified Federal, State, and/or local regulation including ISO/RTO charges on the transactions covered by this contract that result in new or increased charges that the Contractor is required to pay or bear as the result of legislative, judicial, regulatory or administrative action taking effect after the contract award date.

(b)(1) The contract price shall be increased by the amount of any after-imposed charges due to a change of Federal, State, or local regulation, provided the Contractor warrants in writing that no amount for such newly imposed Federal, State, and local regulation or rate increase was included in the contract price, as a contingency reserve or otherwise, and that the Contractor provides sufficient documentation to support the increase.

(c) After-Relieved Charges Due to a Change of Federal, State, or Local Regulation, means any Federal, State, and/or local regulation including ISO/RTO charges on the transactions covered by this contract that the Contractor is no longer required to pay or bear, or for which the Contractor obtains a refund or reduction, as the result of legislative, judicial, regulatory or administrative action taking effect after the contract award date.

(c)(1) The contract price shall be decreased by the amount of any after-relieved charges due to a change of Federal, State, or local regulation.

(d) Any increases or decreases in the contract price shall be accomplished by a bilateral contract modification. In the event that the Government and the Contractor cannot agree to an acceptable contract adjustment, the

Government will unilaterally adjust the contract price via modification subject to the Disputes provisions of FAR

52.212-4(d) incorporated in the contract.

(e)The ceiling price for after-imposed regulatory costs is limited to 50% of the contract price.

(e)(1) The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price and the

Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the

Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth has been increased, any costs incurred by the

Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the costs had been incurred after the increase in the ceiling price.

A.15 CONTRACT ADMINISTRATION

After award, this contract shall be administered by the General Services Administration’s Energy Division

(PMAA). The Contracting Officer (CO) for the administration of this contract is:

Matthew Harbeson

U.S. General Services Administration

1800 F Street, NW, Room 5118

Washington, DC 20405

(202) 394-8535 matthew.harbeson@gsa.gov

A.16 AUCTION PROCESS FOR PRICING USING EnelX

The Government shall use an internet-based transaction platform provided by EnelX North America, Inc.

(EnelX), the Government’s third-party contractor, to obtain pricing for this procurement. The Contractor shall submit pricing to GSA using the EnelX platform in accordance with the instructions in Section C and the EnelX website. All prices submitted to the EnelX transaction platform shall be in accordance with the provisions of the solicitation. It shall be the responsibility of the Offeror to understand both the rules and the mechanics of the

EnelX transaction platform.

mailto:matthew.harbeson@gsa.gov

A.17 EnelX FEE

The Contractor hereby agrees to pay a fee in the amount of $0.00070 per kWh for all usage billed under this contract. The Contractor shall pay the fee directly to EnelX in accordance with the agreement, if any, executed between the Contractor and EnelX. The Contractor expressly recognizes and understands that the Government is not responsible for paying the fee to EnelX. To the extent a dispute occurs between the Contractor and EnelX regarding the fee, any such dispute shall be handled in accordance with the agreement executed between the

Contractor and EnelX.

A.18 DAMAGES FOR MISSING CONTRACT START DATE

In the event that the start date for electric supply is missed due solely to the fault of the Contractor and an account(s) is required to remain with the LDU at regulated rates, then the Contractor shall be liable for the difference, if any, between the contract rate and the rates billed by the LDU. Subject to the approval of the Contracting Officer, the

Contractor will issue an equivalent credit to the Government on a future invoice. This credit must be issued within sixty (60) days of the date the Contractor begins serving the account.

SECTION B: FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

B.1 CLAUSES INCORPORATED BY REFERENCE

The FAR Can Be Accessed At The Following Internet Address: http://www.acquisition.gov

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment.

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that…