47PA0422R0003 Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

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 Enel X

A.17 ENEL X FEE

A.18 DAMAGES FOR MISSING CONTRACT START DATE

A.19 FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT SCOPE OF SERVICES FOR PRICING

GROUPS ONE 1 AND FIVE (5)

A.20 POWER PURCHASE AGREEMENT TRANSACTION MANAGER SCOPE OF SERVICES FOR

PRICING GROUP ONE (1)

A.21 IMPORT / EXPORT SCOPE OF SERVICES FOR PRICING GROUPS TWO (2), THREE (3) AND FOUR

(4) 9

SECTION B: FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

B.1 CLAUSES INCORPORATED BY REFERENCE

B.2 CLAUSES IN FULL TEXT

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 74

ATTACHMENT 8: SUBCONTRACTING PLANS

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

ELECTRONIC MAIL AT jennifer.smith@gsa.gov

SECTION A: SCOPE OF WORK

A.1 GENERAL

The U.S. 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 District of

Columbia and State of Maryland. 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 up to thirty-six (36) monthly billing cycles for accounts included in this contract, as specified in Section C.2. The Government has placed its requirements into five (5) 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.

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.

Additional requirements for Pricing Group one (1), as well as for Pricing Groups two (2), three (3), and four (4) are detailed below in Sections A.19 and A.20, respectively.

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;

(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 mailto:jennifer.smith@gsa.gov 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.

Section C.2 and Exhibit 1 specifies which accounts require dual billing and which require consolidated billing through the applicable utility.

For dual billed accounts, 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 Public Service Commission of the District of Columbia (DCPSC) or

Maryland Public Service Commission (MDPSC) 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.

For consolidated billing accounts, the Government shall pay the Contractor through monthly utility bills rendered by the applicable utility for each account included in this contract in accordance with the utilities billing procedures, which are fully regulated by the DCPSC and MDPSC. It shall be the Contractor’s responsibility to understand the specific details regarding the LDU’s requirements for consolidated billing.

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. For the purposes of this contract. 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 zero percent (0%) of total usage required for all accounts included. 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 District of Columbia or State of Maryland’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:

Jennifer Smith

U.S. General Services Administration

1800 F Street, NW, Room 5118

Washington, DC 20405

(202) 577-3190 jennifer.smith@gsa.gov

A.16 AUCTION PROCESS FOR PRICING USING Enel X

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

X), the Government’s third-party contractor, to obtain pricing for this procurement. The Contractor shall submit pricing to GSA using the Enel X platform in accordance with the instructions in Section C and the Enel X website. All prices submitted to the Enel X 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 Enel

X transaction platform.

A.17 ENEL X 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 Enel X in accordance with the agreement, if any, executed between the Contractor and Enel X. The Contractor expressly recognizes and understands that the Government is not responsible for paying the fee to Enel X. To the extent a dispute occurs between the Contractor and Enel X regarding the fee, any such dispute shall be handled in accordance with the agreement executed between the

Contractor and Enel X.

mailto:jennifer.smith@gsa.gov

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.

A.19 FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT SCOPE OF SERVICES FOR

PRICING GROUPS ONE 1 AND FIVE (5)

In accordance with Attachment 2 of this solicitation, for Pricing Groups one (1) & five (5), 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 Enel X fee of $.00070 per kWh as addressed in Section A.17 of this solicitation, Marginal Loss

Credits (MLCs), Transmission Loss Credits (TLCs), DC & MD Renewable Portfolio Standards (RPS) compliance costs, scheduling, fuel costs and supplier margin.. 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), and FERC Order

745 and FERC 494 / EL05-121-009 compliance costs and MD Offshore Wind RECs (ORECs) as specified in Attachment 2, will be reimbursed as an economic price adjustment in accordance with the terms and conditions of this contract.

A.20 POWER PURCHASE AGREEMENT TRANSACTION MANAGER SCOPE OF SERVICES

FOR PRICING GROUP ONE (1)

The GSA has entered into two (2) separate power purchase agreements: one with Great Bay Solar I, LLC executed April 1, 2015 via GSA contract GS-00P-15-BSD-1148 and one with MG2 Tribal Energy, LLC

(subsequently assigned to Walnut Ridge Wind, LLC) executed September 24, 2014 via contract GS-00P-14-BSD-

1016 (taken together the “PPAs”). Additional power purchase agreements may be entered into by GSA in the future.

GSA requires that the selected contractor for Pricing Group 1, also act as a Transaction Manager. The Transaction

Manager scope of services is in addition to the fixed price supply of all electricity supply commodity components up to the Delivery Point as specified in A.19. The Transaction Manager requirements contained in this section detail the Transaction Manager’s responsibilities regarding the provision of a dedicated PJM subaccount and PPA settlement services for the PPAs. The Great Bay Solar PPA is for only physical energy and the Walnut Ridge

Wind PPA is for both physical energy and the associated RECs. GSA shall have Walnut Ridge Wind Farm deliver to GSA’s PJM Generation Asset Tracking System (“PJM GATS”) account all RECs generated by the energy resource over the life of this contract.

The Contractor’s fixed per kWh bid price for Pricing Group 1 must include all fixed costs as specified in Section

A.19 as well as the price to serve as the Transaction Manager. The bid price awarded will be a fixed rate for the full twelve-month term of the contract.

Transaction Manager Requirements Summary

GSA will be responsible for all Direct Costs, as defined below, associated with the delivery of energy resources into a dedicated PJM subaccount held by the Transaction Manager. GSA will not be responsible for any of the

Transaction Manager’s overhead or indirect costs.

GSA, at its sole discretion and duly authorized by end use account owners, will direct the Transaction Manager to accept delivery from any GSA-contracted resources for energy, including the PPAs, and settlement will occur at the expiration of this contract.

Product Description and Settlement

The Transaction Manager will:

1. Receive physical power delivered into a dedicated PJM subaccount set up and held by the Transaction

Manager (“Power Transactions”)

2. Pay third-party fees associated with such Transactions as approved by GSA. The electric resource(s)’ output will be delivered to the Transaction Manager via standard wholesale methods.

3. Charge GSA the monthly third-party invoiced amount less the amount of the physical settlement of energy that was received in the dedicated PJM subaccount.

4. Provide electronic access to the dedicated PJM Subaccount, upon GSA’s request, using PJM eTools.

5. Provide billing and receipts data for the PPAs.

6. Provide a monthly report of all Direct Costs the Transaction Manager incurred on behalf of GSA which shall include but is not limited to PJM hourly settlements, bilateral transaction settlements, and a monthly balance of the difference between credits received as a result of the physical energy settlement and payments disbursed.

7. Upon expiration of this contract, the Transaction Manager and GSA will settle any amounts due from one party to the other as a result of net credits received and charges paid from the PPAs and any unpaid invoicing resulting from the Contract (the “Winding Up Arrangement”). If applicable, within 60 days or another mutually agreed to reasonable period of time following expiration of the contract, the Transaction

Manager will present GSA with the Winding Up Arrangement.

Contract Quantity

The Contract Quantity will consist of the PPAs’ generated output from the Walnut Ridge Wind Farm, Illinois, GATS Unit ID MSET86422801 and the generated output from the Great Bay Solar I project located in Maryland, GATS Unit ID MSET80179001 delivered to the Transaction Manager’s dedicated PJM subaccount. The estimated volumes are listed in the Estimated Delivery Schedule in Exhibit B.

Walnut Ridge PPA Scheduling and Delivery

Physical delivery via PJM InSchedule system Internal Bilateral Transaction (INT BIL TRAN):

Source: DOM Zone (Pnode ID 34964545)

Sink: DOM Zone (Pnode ID 34964545)

Pricing Type: Day Ahead

Scheduling Party: Transaction Manager

Great Bay Solar I PPA Scheduling and Delivery

Physical delivery via PJM InSchedule system Internal Bilateral Transaction (INT BIL TRAN):

Source: DPL Zone (Pnode ID 1565315607)

Sink: DPL Zone (Pnode ID 1565315607)

Pricing Type: Day Ahead

Scheduling Party: Transaction Manager

Defined Terms

• Direct Costs. Direct Costs are defined as the sum of the following:

o Power Transaction Charges. All charges and credits for the electric resource(s) and bilateral transactions as specified in each respective electric resource or bilateral contract.

o 3rd Party Fees. Any 3rd party fee or tax charged to the Transaction Manager that is directly attributable to the Power Transactions in the PJM subaccount specified herein.

o Billing Cost to Carry. The cost to carry any deficiency of actual costs disbursed by the

Transaction Manager versus actual receipts from GSA shall be reported monthly. These costs shall be calculated by determining the average daily balance of actual Transaction Manager expenditures over receipts during the monthly billing period and applying a daily carry rate to the average daily balance multiplied by the number of days in the billing period. The carry rate for calculating such cost will be based on an annual percentage rate of 1%. No fee will be applicable if the average daily balance is positive in any billing month.

• GATS. The environmental registry and information system, which is administered by PJM

Environmental Information Services, Inc., which tracks the environmental and fuel attributes of generation, and any successor tracking system that both Parties agree in their reasonable commercial judgment facilitates the sale and purchase of RECs.

A.21 IMPORT / EXPORT SCOPE OF SERVICES FOR PRICING GROUPS TWO (2), THREE (3)

AND FOUR (4)

Three (3) accounts included in this procurement import and may export electric power supply over the course of a year. These accounts are the GSA Heating Plant (HOTD), GSA White Oak, and the Architect of the Capitol

(AOC) electric accounts. The HOTD and AOC electric accounts are located in Washington, DC and the GSA

White Oak electric account is located in Montgomery County, MD. These three (3) accounts are broken out into in Pricing Groups two (2), three (3), and four (4), respectively.

The Contractor’s Supply Service Fee to manage these accounts must be included in the price in $ per kWh for all for imported and exported power submitted during the auction for each Pricing Group.

The requirements contained in this section detail the Contractor’s responsibilities regarding the two types of transactions for the relevant accounts (i.e., electricity exports and electricity imports).

Electricity Exports – Contractor Requirements

During the course of the year, GSA White Oak’s, AOC’s or HOTD’s electric account(s) may export electricity.

The Contractor for each respective Pricing Group will purchase 100% of the electricity exports from the accounts included in that Pricing Group. Electricity exports are defined as metered generation net of station service load.

The electricity will be delivered by each facility to the Point of Receipt, which is the Pepco DC Zone for the AOC and HOTD electric accounts, and the Pepco MD Zone for the GSA White Oak electric account.

Electricity Exports – Billing

GSA White Oak, AOC, or HOTD shall receive payment from the Contractor for all energy purchased by the

Contractor pursuant to this contract. Payments shall be in the form of a credit on the monthly Contractor summary bill (see Section A.7 Payment and Billing) when the total monthly Electricity Export payments are less than the total monthly Electricity Import charges (i.e., total monthly Electricity Import charges minus total monthly

Electricity Exports payments is a positive number). If total monthly Electricity Export payments are greater than the total monthly Electricity Import charges (i.e., total monthly Electricity Import charges minus total monthly

Electricity Export payments is a negative number), the Contractor shall:

1. For the AOC facility, carry over the balance to the following billing month(s); or

2. For the GSA White Oak facility, carry over the balance to the following billing month(s); or

3. For the HOTD facility, carry over the balance to the following billing month(s).

GSA or AOC will provide electronic access to the export meter data log for billing and permit inspection of metering facilities upon the Contractor's request. Please note that for AOC’s facility, the Contractor must coordinate with PEPCO to assure that the Contractor’s infrastructure meets PEPCO’s cybersecurity standards and inspection of metering facilities is only possible via PEPCO and AOC permitted site access. Upon expiration of this contract, the Contractor and GSA or AOC will settle any amounts due from one party to the other as a result of credits received and charges paid for the accounts included in Pricing Groups two (2), three (3), and four (4). If applicable, within 60 days or another mutually agreed to reasonable period of time following expiration of the contract, the Contractor will present GSA or AOC with a final invoice.

Electricity Imports – Contractor Requirements

During the course of the year, GSA White Oak’s, AOC’s, or HOTD’s accounts may import electricity. The

Buyer, either GSA White Oak, AOC, or HOTD depending on the Pricing Group, will purchase from the

Contractor, the Seller, Locational Marginal Price (LMP), as defined below, electric service to meet l00% of the facility's Electricity Purchase Requirements, where the Electricity Purchase Requirements are defined as the generation and transmission requirements to serve the facility’s electric load. The electricity will be purchased at the Point of Delivery, which is the Pepco DC Zone for AOC’s and HOTD’s facilities and the Pepco MD Zone for

GSA White Oak’s facility.

The Energy Charge (see Section A.7 Payment and Billing) for electricity imports is defined as:

(a) Hourly On-Peak and Off-Peak load following electric service in the amount of Buyer's Electricity

Purchase Requirements. Hourly Energy Service includes real-time LMP and/or day ahead. The default is real-time LMP delivered to the Pepco DC Zone. Hourly Energy Service does not include the Ancillary

Services, Transmission Service, and Installed Capacity.

(b) Buyer shall pay for the Ancillary Services as set forth in Attachment 2 and incurred by Seller associated with the purchase of energy for Buyer. These charges will be passed through at cost and will be defined by PJM. For any new PJM Ancillary Services, Seller reserves the right to pass the costs through to Buyer.

Seller will provide supporting documentation for any new PJM Ancillary Services. These charges are defined by PJM and may include:

i. PJM & RTO Scheduling, System Control, and Dispatch Services Transmission Losses

ii. Regulation Operating Reserves Black Start Service

iii. Transitional Market Expansion Fee MAAC Fee

iv. Reactive Supply and Voltage Control from Generation Sources Services

(c) Buyer shall pay Seller a Transmission Service charge equal to the prevailing PJM Open Access

Transmission Tariff (OATT) for the applicable Pepco Zone (reference PJM Transmission Tariff

Attachment H-9 Annual Transmission Rates -Pepco, Item #1) without any mark-up times the Buyer's

Transmission Charge as defined in Section B: 552.216-77 Economic Price Adjustment – Electric Supply.

(d) Installed capacity charge is equal to applicable PJM capacity charge per MW-day times Buyer's Capacity

Cost, as defined in Section B: 552.216-77 Economic Price Adjustment – Electric Supply.

(e) In accordance with PJM's rules, Buyer agrees to not participate in demand response programs with PJM or with any other Load Serving Entity (LSE) without Seller's consent.

(f) Supplemental Pricing is defined as a fixed price per kwh of Buyer's Electricity Purchase Requirements.

The Buyer may, with written notice 30 days prior to the meter read date for each account, request Supplemental

Pricing. Should Buyer request Supplemental Pricing, Buyer and Seller shall work to negotiate a new Confirmation that defines the Supplemental Pricing and its relationship to this contract, subject to bilateral modification.

Defined Terms

• Locational Marginal Price (LMP). LMP is defined as the marginal price for energy at the location where the energy is delivered or received. For accounting purposes, LMP is expressed in dollars per megawatt-hour ($/MWh).

Electricity Imports – Billing

GSA White Oak, AOC, and HOTD will be separately dual billed for this service: one (1) bill for distribution charges from Pepco; and one (1) monthly contractor summary bill (see Section A.7 Payment and Billing). The monthly contractor summary bill must include information regarding both imported and exported power including volumes, settlement prices, amounts due for imports as well as credits owed for exports.

A backup billing Excel file, including a summary of the monthly payment credits, must be sent monthly to:

1. For the AOC facility, the file must be sent electronically to Paul.Wolbert@aoc.gov;

Michelle.Morrow@aoc.gov; and Brian.Klein@aoc.gov; or

2. For the White Oak facility, the file must be sent electronically to thomas.serra@gsa.gov;

carol.remsberg@gsa.gov, and riaz.hussein@gsa.gov; or

3. For the HOTD facility, the file must be sent electronically to wayne.bather@gsa.gov and dane.mever@gsa.gov.

mailto:Paul.Wolbert@aoc.gov mailto:Michelle.Morrow@aoc.gov mailto:Brian.Klein@aoc.gov mailto:thomas.serra@gsa.gov mailto:carol.remsberg@gsa.gov mailto:riaz.hussein@gsa.gov mailto:wayne.bather@gsa.gov mailto:dane.mever@gsa.gov

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 it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph

(v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial

Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical http://www.acquisition.gov/ https://www.acquisition.gov/content/42105-solicitation-provisions-and-contract-clause#id1989H0G40RF https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services— https://www.sam.gov/

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

As prescribed in 4.2105(b), insert the following clause:

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause— https://www.acquisition.gov/far/4.2105#FAR_4_2105

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua

Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal

Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation,…