Solicitation Amendment 47PA0422R0004_0002.pdf

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 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.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

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.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

INSTRUCTIONS (Back Page):

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

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).

(1)

(2)

(3)

(4)

(5)

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 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.

(a)

(b)

(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 entries:

(2) Accounting classification Net decrease $

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

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.

(i)

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

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.

State reason for modification.

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

(g)

(h)

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.

(1)

(2)

(3)

(4)

(5)

(6)

STANDARD FORM 30 (REV. 11/2016) BACK

(1) Accounting classification Net increase $

Description of Modification Continuation Page

"Offeror acknowledges that even if Offerorâs technical proposal is deemed technically acceptable, any exceptions or changes inconsistent with the terms and conditions of the solicitation can constitute a technically unacceptable offer and Offeror may not be allowed to participate in phase two â pricing."

47PA0422R0004/0002

47PA0422R0004

GSA NY Competitive Electricity

Questions and Answers

Received as of 3:00 PM ET Tuesday April 12th, 2022

PER SF30 AMENDMENT 1 AND SECTION C.3 OF THE AMENDMENT 1 VERSION OF THE SOLICITATION, THE DUE DATE FOR TECHNICAL PROPOSALS HAS BEEN EXTENDED TO 3:00 PM EDT, April 26th 2022.

ANY CHANGES TO THE SOLICITATION AS A RESULT OF THE QUESTIONS ARE HIGHLIGHTED WITHIN THE ATTACHED

REVISED SOLICITATION.

QUESTIONS RECEIVED IN WRITING

1. Standard Form 1449, page 1, item 8, specifies the “Offer Due Date…” as “4/19/2022 at 3:00 PM (EST)”, however, Exhibit 1 indicates prices are to be submitted and held “April 21st, 2022 until 1:30 PM”. Can the Government confirm that pricing is due on April 21st, 2022.

Answer #1- The schedule has been updated per amendment 2.

2. Exhibit 1, note 2 states: “Per Section C.2 of the Solicitation…” when referencing the submission date.

However, we believe it should reference section “C.3 Submission of Proposals”.

Answer #2- Exhibit 1, note 2 is referencing the requested price hold from section C.2 item 4.

3. The Government is asking for pricing on Thursday, April 21st, when a gas storage report will be issued.

Pricing on days when gas storage reports are issued can be exposed to higher market volatility. Since the Government is asking for a price hold until 1:30, would the Government consider moving the price submission date to either 4/22, 4/25 or 4/26 to reduce respondents’ exposure to market volatility and potentially higher risk premiums being include in pricing?

Answer #3- See answer #1.

4. Section A.1, A.12, & C.2 refer to having 6 pricing groups while Exhibit 1 only contains 3 pricing groups. Will the government be issuing a modification to the Solicitation to clarify the pricing groups?

Answer #4- Solicitation has been updated per amendment 2.

5. The NYISO has identified NY Public Policy Transmission Projects, which are at various stages of construction. These include but not are not limited to the Western NY Public Policy Transmission need and the AC Transmission Upgrade Public Policy Transmission need. The awarded transmission developers provide annual estimates of costs, for the following year, each September. Treatment of these costs is not outlined in “Attachment 2: Price Component Confirmation Table” of the Solicitation.

Can the Government confirm:

a. NY Public Policy Transmission Project Costs (excluding TOTS costs) should not be included in a bidder’s pricing, as the cost are not known for the full term of the RFP, and will be treated as a pass through?

b. If the Government does not wish to treat these costs as a pass through, would the Government be willing to accept a price adjusted product which is adjusted annually and based on the transmission developer’s latest published costs?

Answer # 5- See amendment 2 solicitation – cost component table attachment 2 with NY Policy

Transmission shown as fixed at currently known costs. Any future changes or implemented costs for future projects will be handled under section A.14.

6. Per “Attachment 2: Price Component Confirmation Table” of the Solicitation RES compliance costs are to be treated as fixed for the purposes of the solicitation, specifically stating “any changes to these percentages or costs by the State of New York as well as future year costs that are not listed below will be addressed under section A.14 ELECTRICTY REGULATORY CHANGES of this solicitation.” Can the Government confirm:

a. No costs for RES should be included in the pricing beyond 2024 and all costs in those years will be treated as a change in law under section A.14 ELECTRICTY REGULATORY CHANGES of this solicitation?

i. If yes will the charges for 2025+ be handled via price adjustment or a direct pass through?

ii. If no what basis of pricing should be used for years 2025+?

b. For years 2023 – 2024 the current posted compliance percentages are listed in Attachment 2 however the ACP are still unknown.

i. Should the current ACP for 2023 be applied to 2023 and 2024?

ii. Will changes in ACP be considered change in law under section A.14 ELECTRICTY REGULATORY CHANGES of this solicitation?

c. Would the GSA consider RES (NYISO Tier 1) as a passthrough item in order to avoid any confusion and potential over costing (2023/24) resulting from changes from the current bid Specs?

Answer #6 - GSA confirms per the table associated with attachment 2 that RES compliance costs will be fixed at currently known costs. Any future changes or implemented costs such as ACP will be handled under section A.14.

7. In section A.1 and C.2 refer to, “Federal Energy Regulatory Commission (FERC) Order 494” cost. Can the Government confirm what NYISO charges are associated with FERC Order 494?

Answer #7 – See Amendment 2 solicitation, this item has been removed from the attachment 2 cost component table.

8. Will the Government allow annual changes in an accounts ICAP tag to be treated as a change in law under section A.14 ELECTRICTY REGULATORY CHANGES of this solicitation?

Answer #8- Denied. Per the requested terms, any costs associated with changing ICAP tags are to be fully fixed for the requested term.

9. NYSERDA is expected to conduct the third and final RFP for CES TIER 2 in Q3 of 2022. Can the Government confirm:

a. CES will be priced through the known period 2022 and costs, beginning in 2023, will be treated as a change in law under section A.14 ELECTRICTY REGULATORY CHANGES of this solicitation?

b. If no, would the Government be willing to treat TIER 2 costs as a pass through?

Answer #9 – GSA confirms per the table associated with attachment 2 that CES Tier 2 will be fixed at currently known costs. Any future changes or implemented costs for 2023 will be handled under section A.14.

10. Can the Government confirm that if the ZEC rate changes during the term of the contract that it will be treated as a change in law under section A.14 ELECTRICTY REGULATORY CHANGES of this solicitation?

Answer # 10 - GSA confirms per the table associated with attachment 2 that NYISO LSE ZEC costs will be fixed at 2022 known costs. Any future changes or implemented cots will be handled under section A.14.

11. On page 21 of the RFP states: “(k) TAXES. (1) Except as otherwise set forth in this subsection (k), the contract price includes all applicable Federal, State, and local taxes and duties. The Contractor may submit New York Gross Tax (GRT) to the Government at the supplier’s cost as a separate line item on monthly bills.” On page 35, the RFP states: “(3) The Government and the accounts included in this solicitation may be exempt from state and local sales taxes. The Government will cooperate with the Contractor to complete any necessary tax-exempt forms.” Can the Government confirm that it will supply a tax exemption form and that Sales and Use tax is not to be included in the contract price?

Answer #11- Confirmed, with the exception of New York (GRT) any sales and use taxes are not to be included in the contract price as most federal agencies are exempt per section C.2 (3). Upon award each agency will provide the necessary documentation for tax exemption certification.

12. Can the Government confirm that since both TIER 4 and OREC costs are not known and not to be included in bid prices that they will be treated as a change in law under section A.14 ELECTRICTY REGULATORY CHANGES of this solicitation?

Answer #12. Confirmed, any potential or future costs associated with CES TIER 4 and or OREC’s will handled via section A.14.

13. Section A.14. Electricity Regulatory Changes (c)(1) Request is made that contract price shall be decreased by the amount of any after-relieved charges due to a change of Federal State, or local regulation. Can Contractor add to this to the extent it does not require the Government to provide notice of such decrease to Contractor, at which point Contractor will apply any material decrease to the extent it is realized by Contractor with respect to the Government’s accounts which are part of this Solicitation and under the applicable contract with Contractor?

Answer #13- Denied, solicitation language for section A.14 remains unchanged as per section C.2(8) GSA will not accept any exceptions to this Solicitation which are inconsistent with the terms and requirements of this Solicitation

14. Section A.14. Electric Regulatory Changes (e) and (e)(1). Request is made for the ceiling price for after-imposed regulatory costs is limited to 50% of the contract price. Can Contractor request this be removed? The Government bears the risk of any after imposed costs and Supplier does not agree to a cap on increased costs resulting from a Change in Law or Regulations, including when a Change in Law was approved by has not been implemented and the costs of which are unknown at the time the parties execute the contract. Supplier will notify the Government of any after-imposed Charges in accordance with section A14.

Answer # 14- Denied, solicitation language for section A.14 remains unchanged as per section C.2(8) GSA will not accept any exceptions to this Solicitation which are inconsistent with the terms and requirements of this Solicitation

15. Section 12. Confidentiality. Request is made that the awarded contract the Government will take the necessary and usual steps to maintain the confidentiality of information submitted by offerors prior to award of the contract to the extent permitted by applicable law. The Contractor is advised that the Government will make all contract prices publicly available for the full contract period in accordance with applicable law.

Answer #15 See confidentiality section A.6 as written in the solicitation.

16. Can Contractor add the following provisions and request the inclusion of the following provisions?

a. Information and Authorization. GSA shall designate Contractor to the utility and/or ISO, as appropriate, as an authorized recipient of GSA’s current and historical energy billing and usage data. GSA authorizes Contractor to take such actions it deems necessary to enroll the Account(s) with the utility and/or ISO as accounts to be served by Contractor and otherwise meet its obligations under this contract. GSA shall take any actions and execute any documents as Contractor shall reasonably request in this regard. Furthermore, GSA shall promptly notify Contractor in writing of any changes in any of the foregoing information, including without limitation (i) any change to the name associated with the account(s); and (iii) the replacement of an account number with a new number.

b. Indemnification. To the extent allowed by law, at and after the point at which GSA takes delivery, GSA agrees to defend, indemnify and hold harmless Contractor and all its affiliates, and all of their respective officers, directors, shareholders, associates, employees, agents, representatives, successors and assigns (collectively including Contractor referred to as the “Contractor Parties”) from and against all claims, losses, expenses (including attorneys’ fees and court costs), damages, demands, judgments, causes of action or suits (collectively, “Claims”) of any kind, including but not limited to, Claims for personal injury, death, or property damage, arising out of or related to this contract.

c. Assignment. GSA may assign all (but not less than all) its rights and obligations under this Contract in their entirety or solely with respect to certain Accounts; provided (A) it gives Contractor 60 days written notice of its intent to do so; (B) the assignee satisfies in full Contractor’s credit requirements; (C) the assignee assumes in writing all of GSA’s obligations under this contract; and (D) GSA continues to be liable for performance, including payment for goods and services received, prior to the assignment date.

d. Miscellaneous. If any portion of this Contract 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 Contract.

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

f. Miscellaneous (cont’d). Except as otherwise explicitly provided in this Contract and for administrative changes (i.e. change in payment office) that affect merely one party to this Contract, no amendment to this Contract will be valid or given any effect unless signed by both of us.

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

h. Certain GSA Representations and Warranties. GSA warrants and represents that (1) the accounts to be served under this solicitation are eligible for direct access services, (2) its aggregate peak demand during any 12 month period is greater than 20 kilowatts and (3) the electricity supplied under this Agreement is not for residential use.

Answer # 16- Denied, per section C.2(8) will not accept any exceptions to this Solicitation which are inconsistent with the terms and requirements of this Solicitation

17. Can Contractor reserve the right to withdraw its price(s) at any time prior to bid being awarded?

Answer # 17- Confirmed. While GSA strongly encourages the bid prices to be held until 1:30pm EST; however, suppliers may withdraw their prices upon email notification to the contracting officer up to notice of award via email to the offeror.

18. Is Contractor able to supplement or amend any of the questions or clarifications in this document?

Contractor wishes to clarify that it reserves any such rights.

Answer #18- The question and answer period regarding the terms and conditions for this solicitation expired on April 12th, 2022 at 3pm. Additional account related questions pertaining to the exhibit 1 may be asked until 3pm on Thursday May 5th.

19. With respect to Section A.12 Renewable Power for facilities in this Contract, we request the following terms should be included with regard to “RECs”?

2.1. NewMix® consists of Green-e Energy certified renewable energy certificates, sourced from wind Renewable Resources located within the United States (''RECs''). The fixed prices above include in an amount of these RECs equal to X percent of your load volume at the Accounts during the term of this transaction. ''Renewable Resource'' means any electric power generator meeting the eligibility criteria of a ''New Renewable Resource'' and an ''Eligible Renewable Resource'', as defined in the Green-e Energy National Standard. NewMix® is Green-e Energy certified and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. The RECs included in the NewMix® product do not include any tax credits, depreciation allowances or third party subsidies of any kind.

2.2. Emissions Reduction Disclaimer. In accordance with Green-e Energy certification requirements, RECs procured hereunder include all greenhouse gas emission reduction benefits associated with the renewable generation that produced such RECs, including carbon dioxide (CO2) reduction benefits, but do not include emission reduction benefits associated with capped and traded pollutants, including sulfur dioxide (SO2), mercury (Hg), and the oxides of nitrogen (NOX). Furthermore, Seller does not represent or warrant that the RECs procured hereunder can be used as offsets or otherwise for compliance with any emission reduction program.

2.3. Public Statements. Any press release issued by either Party relating to the subject matter hereof shall be subject to prior approval by the other Party. No materials disclosed to third parties under this clause shall reference the specific terms of this transaction without the prior written approval of the non-disclosing Party. Customer is solely responsible for determining whether any marketing materials or other public claims made by Customer related to Customer’s purchase of electricity hereunder, including but not limited to Customer’s use, if any, of the Green-e Energy logo, comply with Green-e Energy requirements and any licensing agreement between Customer and Green-e Energy.

2.4. Indemnification. To the extent permitted by law, in addition to, and not in lieu of, any indemnification provisions applicable to the Parties, Customer agrees to the extent allowed by Law to defend, indemnify and hold harmless Seller from and against all claims arising out of or related to the manufacture, sale, distribution or any other dealing with the products or marketing/advertising materials of Customer related to this transaction, the RECs, or Customer’s use of the Green-e Energy logo. This indemnification does not apply to the extent a court of competent jurisdiction makes a final determination that a Claim for which Seller seeks indemnification was primarily caused by the willful fraud or deceit of Seller.

http://www.green-e.org/

2.5. Change in Certification Standard. If the Green-E Energy certification requirements are modified or repealed after execution hereof but prior to delivery of RECs hereunder, in such a way as to materially adversely affect the ability of a party to perform its obligations hereunder or the benefits to be derived by a party hereunder (each such occurrence, a ''Change Event''), the parties shall use commercially reasonable efforts to reform this transaction in order to give effect to the original intention of the parties. If the parties are unable, despite such efforts, to reform this transaction within thirty (30) days following such Change Event, the matter shall be resolved in accordance with the dispute resolution provisions applicable to the parties.

2.6. Renewable Energy Certificate (REC) Product. NewMix® is a Renewable Energy Certificate (REC) product and does not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For more information, log-on to www.green-e.org/rec.

Answer # 19- Denied, per section C.2(8) will not accept any exceptions to this Solicitation which are inconsistent with the terms and requirements of this Solicitation.

20. Meter NYISO_NIMO_8019139101 has a sudden drop around March. Is this expected going forward or will it look more like prior levels?

Answer # 20- Usage expectations and facility details have been incorporated into the exhibit 1 Amendment 2.

21. RES Tier 2 is expected to change. Will you allow for CIL if Tier 2 changes?

Answer # 21- See above Answer #9.

22. Please confirm contract extensions will be done at a mutually agreed upon price?

Answer # 22- There are no extension clauses included for this solicitation.

23. Is there anything GSA can do about the short timeline for the April 21st, 2022 auction and the plan to run it on a Thursday which is a gas storage day?

Answer #24 - See solicitation amendments 1 and 2 for schedule adjustments.

24. We don’t see compliance charges for Public Power Transmission Costs addressed in the solicitation, are they to be included in bid prices or treated as pass-throughs (Economic Price Adjustment)?

Answer # 25- See updated price component table in amendment 2 solicitation.

25. How are suppliers to treat Renewable Energy Standards (RES) compliance costs for future years that are not included in the table in Attachment 2 or addressed elsewhere in the solicitation?

Answer # 26- See answer #6.

http://www.green-e.org/rec

26. Is GSA aware new capacity tags may be issued for the included accounts as early as the end of April 2022?

Answer #27 – GSA is aware.

27. If Offeror has a current subcontracting plan that has been approved by the Defense Logistics Agency (DLA) or has a current commercial plan that has been approved by GSA, do we need to create and submit a new subcontracting plan as part of our technical proposal or can we submit the above?

Answer #28- An offeror may submit a current previously approved commercial plan that has been approved by DLA and or GSA; however, if submitting an individual subcontracting plan, a new individual subcontracting plan will need to be submitted for each solicitation.

Table of Contents

SECTION A: SCOPE OF WORK 3

A.1 GENERAL 3

A.2 DELIVERY POINT 4

A.3 NOMINATING AND BALANCING RESPONSIBILITIES 4

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE 4

A.5 RISK OF LOSS 4

A.6 PROTECTION OF CONTRACT INFORMATION 4

A.7 PAYMENT AND BILLING 4

A.8 RESERVED 5

A.9 RESERVED 5

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT 5

A.11 RESERVED 5

A.12 RENEWABLE POWER FOR FACILITIES IN THIS CONTRACT 5

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT 6

A.14 ELECTRICITY REGULATORY CHANGES 6

A.15 CONTRACT ADMINISTRATION 7

A.16 AUCTION PROCESS FOR PRICING USING EnelX 7

A.17 EnelX FEE 7

A.18 DAMAGES FOR MISSING CONTRACT START DATE 8

SECTION B: FEDERAL ACQUISITION REGULATION (FAR) CLAUSES 10

SECTION C: SUBMISSION REQUIREMENTS: 30

C.1 EVIDENCE OF TECHNICAL ACCEPTABILITY 30

C.2 PRICE PROPOSAL 31

C.3 SUBMISSION OF PROPOSALS 33

SECTION D: EVALUATION FACTORS FOR AWARD: 35

D.1 EVALUATION 35

D.2 BASIS FOR AWARD 35

D.3 POST AWARD REQUIREMENT FOR SERVICE START DATE REPORTING 35

SECTION E: REPRESENTATIONS AND CERTIFICATION 36

TECHNICAL PROPOSAL CHECKLIST 55

ATTACHMENT 1: CONTRACTOR INFORMATION 56

ATTACHMENT 2: PRICE COMPONENT CONFIRMATION TABLE 57

ATTACHMENT 3: VERIFICATION FROM RENEWABLE ENERGY SUPPLIER 58

ATTACHMENT 4: RENEWABLE POWER/RENEWABLE ENERGY CERTIFICATE NOTIFICATION 61

ATTACHMENT 5: RENEWABLE POWER/RENEWABLE ENERGY CALCULATIONS 62

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

SURVEILLANCE SERVICES OR EQUIPMENT 63

ATTACHMENT 7: SAMPLE FEDERAL CONTRACTOR VETERANS’ EMPLOYMENT REPORT VETS-4212 FORM 67

ATTACHMENT 8: SUBCONTRACTING PLANS 73

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 state of New

York. 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 three (3) pricing groups. The service start date for all accounts shall begin with the first utility meter read date as specified by the utilities for the month of June 2022 or as noted in Exhibit 1.

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, capacity, ancillary services and other Independent System Operator (ISO) costs (including Network Transmission

Access Charges (NTAC), operating reserves and 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, scheduling, fuel costs, supplier margin, New York Renewable Energy Standards (RES) compliance cost, Transmission Owner Transmission

Solutions (TOTS), Clean Energy Standard compliance costs including Zero Emission Credits (ZECs) and

Public Power Transmission Costs.

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 specifies 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;

(a) General Service Location;

(b) LDU;

(c) Monthly consumption (kWh);

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

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

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

(g) Monthly interim KWH per LDU tariff definition;

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

(i) Monthly billing days;

(j) Monthly load factor;

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

mailto:jennifer.smith@gsa.gov

(l) Weather hourly interval data is provided for the account (information on separate spreadsheets).

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 New York State Public Service Commission (NYSPSC) 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 at 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 fifty percent (50%) of total usage required for all accounts included in Pricing Groups one (1), two (2) and three (3) 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 New York’s Renewable Energy Standards (RES) 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 subregion 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) and as amended under the

Energy Act of 2020 42 U.S.C. § 8253(a).

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 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.

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.

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.

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.

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…