Amendment 0001_Solicitation 47PA0723R0002.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

PMPB

Mark West, Contracting Officer

This amendment incorporates Supplier questions submitted by the May 17, 2023 deadline, GSA answers to the Supplier questions, and the resulting revised Solicitation, Exhibit 1, Technical Proposal Checklist, and Price Component Confirmation Table. All other terms and conditions remain unchanged.

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

EQPM-23-0003

47PA0723R0002

1 2

5/24/2023

5/4/2023

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 $

47PA073R0002 GSA ERCOT Competitive Electricity Questions and Answers

Received as of 3:00 PM EDT Wednesday May 17th, 2023

NOTE: ALL CHANGES/UPDATES TO THE SOLICITATION ARE HIGHLIGHTED IN YELLOW IN THE

AMENDMENT 1 VERSION OF THE SOLICITATION

Q1. Attachment 3: Price Component Confirmation Table. We are currently unable to include Firm Fuel Supply, Market Securitization Default and Market Securitization Uplift in our offers. Will General Services Administration (GSA) consider bids with these components passed through?

Answer 1. Attachment 3: Price Component Confirmation Table has been updated to show Market Securitization Default and Market Securitization will be treated as Economic Price Adjustment items (pass-throughs) in the Amendment 1 version of the solicitation.

Q2. A.7 PAYMENT AND BILLING. This section mentions that invoices may need to be submitted through the online system. Can you please clarify if this is the case for these accounts? If so, what is the mechanism for entering in the invoice information? Which accounts would need to be entered in this manner?

Answer 2. Invoices for all GSA accounts will need to be submitted through the MetTel online portal.

GSA will provide specific instructions on how to submit invoices through the MetTel platform to the winning supplier once an award has been made. The USACE does not use an online system, all invoices will need to be sent hard copy. BIlling information and instructions for the USACE accounts have been added to the Amendment 1 version of the Exhibit 1 file.

Q3. Termination For The Government’s Convenience. If the supplier volumes differ from the volumes provided in Exhibit 1, which volumes are expected to be used in the formula provided?

Answer 3.Per Section B 52.212-4 (l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE, the volumes will be based on the Exhibit 1 volumes.

Q4.Section C.2 Price Proposal It is understood that all accounts should be priced under 1 pricing group. Will GSA be contracting under each agency name (at same price), or will all accounts be contracted under “The General Services Administration”?

Section 5. Please confirm that GSA’s notice of award is considered a binding lock-in. Are there any instances where GSA would decide not to execute contracts?

Answer 4, Part 1, See Section A.7 PAYMENT AND BILLING. Part 2, Offerors may withdraw bids up until a notice of award via email is sent to the Offeror but “will be required to honor their prices once the notice of award is provided.” GSA anticipates executing a contract resulting from this solicitation.

Q5. Do any of the accounts that are part of this bid have installed or plans to install behind the meter generation? If so, please provide additional information on fuel type, maximum output, when is the online date, and what is the expected generation by month? Is there currently any scheduled additional load saving measures expected to come online?

Answer 5. Notes on all known projects have been added to the Amendment 1 version of the Exhibit 1 file.

Q6. There are both commercial and residential accounts included in Exhibit 1. We can price these as 1 pricing group, however, we will need to contract the commercial and residential accounts separately to adhere to the rules and regulation for these rate classes. Please confirm if there are any objections to this setup.

Answer 6. If a supplier needs to book under two internal contract identifications that is acceptable to GSA. Note the Government will only award one contract.

Q7. Attachment 3: Price Component Confirmation Table shows that the ERCOT Contingency Reserve Service Charge (ECRS) and Bridging Solution Option (Phase II Market Redesign) charges should be passed through. However, Section C.2 item (2) states that “All costs to the facility up to the TDSP’s system are to be included in the prices submitted except for (i) taxes specifically permitted as provided for in the tailored addendum to FAR 52.212-4(k) and (ii) acceptable TDSP charges. (Refer to Attachment 3)” Please clarify if the GSA would like these charges to be included in suppliers’ pricing or if they should be passed through.

Answer 7. Section C.2 item (2) has been updated to specify “All costs to the facility up to the TDSP’s system are to be billed in accordance with Attachment 3 including (i) taxes…” in the Amendment 1 version of the solicitation.

Q8. Exhibit 1 lists the auction date as June 21, 2022. Please confirm that the auction date is June 21, 2023.

Answer 8. Confirmed. Per Sections C.2, C.3 and the Exhibit 1 file the auction date is June 21st, 2023.

Q9. Because the GSA is requesting pricing that does not depend on the real-time market and that includes components suppliers must hedge, would the GSA consider omitting Section A.8 Extension Provisions?

Answer 9. No. Any extensions requested by the Government under Section A.8 Extension Provision would be bilateral, so suppliers have the option not to extend the contract.

Q10. In regards to Section A.14, item (e)(1), will the awarded supplier be able to exit the contract if the supplier and the GSA are not able to come to an agreement to increase the ceiling price?

Answer 10. The contractor will be responsible for adhering to the terms of the contract.

Q11. Can the GSA please confirm it acknowledges that suppliers may not know the December load in time to retire RECs by the January 31 deadline?

Answer 11. Per Section A.11 of the solicitation, the Annual CFE Attestation Report is due no later than October 31st of each calendar year. Suppliers will be required to provide RECs based on estimates for any months where actual usage is not yet available from the utility and true up the volume to actuals by December 31st of each calendar year.

Q12. Can the GSA please confirm whether it considers the clause GSAM 552.216-75 “Transactional Data Reporting” to be applicable to providing electricity supply?

Answer 12. Confirmed.

Q13. If the clause GSAM 552.216-75 “Transactional Data Reporting” is applicable to electricity supply, would it be acceptable for the awarded supplier to provide a monthly billing and usage report, which would be available to the GSA either through an online account platform or in a summary billing excel file? Please advise if these types of reporting would suffice. Sample reporting can be provided upon request.

Answer 13. Acceptable.

Q14. Can the GSA clarify if copies of the invoices can be sent electronically as outlined in FAR 52.212-4 Contract Terms and Conditions, (g) Invoice? The FAR states that electronic invoices are permitted if authorized. Who is responsible for authorizing electronic delivery of the invoices?

Answer 14. See Answer to Q2. GSA authorizes electronic invoices for the GSA accounts included in this buy, but the USACE accounts will require hard copy bills.

Q15. Kindly confirm that there is no requirement per this solicitation for domestic inverters which is noted on Attachment 6 bottom of the first page “Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c)” is mentioned but not a requirement listed on Page 8 of the CFE section of the solicitation. (I also attached for your reference).

Answer 15. The referenced clause refers to inverted domestic corporations and not to power inverters.

Q16. On Attachment 3, the Component Checklist- Would the GSA consider passing through “Market Securitization Default” and “Market Securitization Uplift” aka “RDPA” which is standard practice in ERCOT to pass-through? It is very difficult to include and not the typical handling of that new market charge.

Answer 16. Yes, see Answer to Q1.

Q17. Proposer requests the right to withdraw its price(s) at any time prior to bid being awarded.

Answer 17. Confirmed. While GSA strongly encourages all offerors to hold their prices until 1:30 p.m.

per the solicitation requirements, Offerors may withdraw bids up until a notice of award via email is sent to the Offeror but “will be required to honor their prices once the notice of award is provided.”

Q18. Proposer requests the right to supplement or amend any of the questions, clarifications, or exceptions listed in this document.

Answer 18. The Question and Answer period regarding solicitation terms and conditions closed at 3:00 PM EDT on May 17th, 2023. If suppliers have additional account or data related questions those can be submitted until 5:00 PM EDT on June 14th, 2023.

Q19. In A.11 the Government mentions ownership of the EACs. Is the Government taking title? Typically, suppliers retire RECs in the customer’s name. If the Government intends to take ownership and title, they would need to supply the details of their ERCOT EIS account (and the same for other regions).

Answer 19. The Government does not intend to take title to the EACs. Suppliers are required to retire RECs in the customer’s name and evidence this in the Attestation Reports. Section A.11 Environmental Attributes, has been updated to reflect this in the Amendment 1 version of the solicitation.

Q20. Attachment 3 asks for Fixed Market Securitization and Uplift costs. Contractor is unable to fix these costs especially due to recent court cases that have suggested the market will be resettled, with unknown impacts to these costs.

Answer 20. See Answer to Q1.

Q21. Subsection A.12: Annual Report: Our firm is able to provide an annual report verified and certified by an independent third-party auditor beginning with June 1 of the year following the calendar year of delivery of the RECs. Our firm will provide an interim report with the information required by Section A.12 in a reasonable time after the Government's fiscal year has ended.

Answer A21. Section A.12 of the solicitation is “Reserved”, there are no requirements included in that section; however, with regard to Section A.11, GSA accepts this provided the supplier provides an interim report with the information required in Section A.11 by October 31 of each contract year.

Q22. Subsection A.14 ((b): Contractor seeks clarification from the Government on various scenarios regarding this provision shall include various changes. Our firm proposes that the Changes in Regulation addressed in the subsection (b) additionally include those resulting from the implementation of new, or changes (including changes to formula rate calculations) to existing, laws, or other requirements or changes in administration or interpretation of laws or other requirements including applicable law, rule, regulation, ordinance, statute, judicial decision, administrative order, ISO business practices or protocol, UDC or ISO tariff, rule of any commission or agency with jurisdiction in the state in which the accounts are located, provided our firm can demonstrate how that change affected Our firm’s cost to supply contract and notify GSA and GSA would then work with our firm on a price adjustment a price adjustment would then be made.

Answer 22. Per solicitation Section C.1 (7) and C.2 (9),The Government will not accept any exceptions to this solicitation which are inconsistent with the terms and requirements of this solicitation.

Q23. Subsection A.14 (e) and (e)(1) Request is made that the ceiling price for any after imposed regulatory costs is limited to 50% of the contract price. Our firm seeks to clarify that does not include additional cost premiums for after imposed regulatory risk and the Government wears 100% of the risk.

Capping the costs with a ceiling price shifts that additional risk on our firm which it must pass along to the Government as may be reflected additional premiums to the standard pricing in its offers. Will the Government clarify it intends a premium be applied to account for the shift in risk?

Answer 23. Charges associated with electricity regulatory changes will be handled in accordance with section A.14.

Q24. Subsection A: Prior solicitations have indicated the Government has and/or is are developing facilities that produce SRECs or their own power and Contractor requests the Government advise on whether any such cogeneration facilities will exist under this solicitation, as well as the size of those facilities and their expected online dates if applicable.

Answer 24. See Answer to Q5.

Q25. Subsection C.2, Price Proposal Note 4: Contractor reserves the right to withdraw its price(s) at any time prior to bid being awarded.

Answer 25. See Answer to Q17.

Q26. Contractor ask the Government to confirm its acknowledgement of the following:

Acknowledgment of Risk. If Customer (referred to as “I” in the language below) receives a Wholesale Indexed Product or Passed Through Ancillary Services And Other ISO Costs or ERCOT Nodal Ancillaries or RUC Capacity Short Charge Costs or RT Ancillary Imbalance Costs or any other ancillary services charges, then the following shall apply:

Wholesale Indexed Product: I understand that the volatility and fluctuation of wholesale energy pricing may cause my energy bill to be multiple times higher in a month in which wholesale energy prices are high. I understand that I will be responsible for charges caused by fluctuations in wholesale energy prices.

Passed Through Ancillary Service Charges: l understand that my energy bill may include a separate assessment of ancillary service charges, which may cause my energy bill to be multiple times higher in a month in which ancillary services charges are high. I understand that I will be responsible for charges caused by fluctuations in ancillary service charges.

"Ancillary Services And Other ISO Costs" means for any billing period the applicable charges regarding ancillary services as set forth in the applicable ISO Open Access Transmission Tariff (“OATT”) and for other ISO costs not otherwise included in any of the defined cost components in this TC. Seller will reasonably determine an Account’s monthly Ancillary Services And Other ISO Costs based on the Account’s $/kWh share of cost for Ancillary Services And Other ISO Costs or otherwise reasonable allocation method as Seller may determine from time to time based on how Ancillary Services And Other ISO Costs are assessed by the ISO.

"ERCOT Nodal Ancillaries Costs" means additional charges and fees associated with the ERCOT Nodal Protocols including, but not limited to the Congestion Revenue Rights auction revenue disbursement, RUC Make Whole Uplift Charge, RUC Decommitment Charge, and RUC Clawback Payment.

"RUC Capacity Short Charge Costs" means charges and fees associated with the ERCOT RUC Capacity Short charge. If Customer enters into RTT(s) to fix Customer’s energy price, the RUC Capacity Short Charge will be fixed for any RTT volumes that are associated with a Fixed Price or Heat Rate RTT.

"RT Ancillary Imbalance Costs" means for any billing period the applicable charges or credits regarding real-time (RT) ancillary imbalance services as set forth in Nodal Protocol Revision Request 568 (NPRR

568) and the ERCOT Nodal Protocols which provides for the implementation of an Operating Reserve Demand Curve (ORDC) beginning on June 1, 2014.

“Wholesale Indexed Product” means a retail electric product in which the price a customer pays for electricity includes a direct pass-through of real-time settlement point prices determined by the independent organization certified under the Texas Utilities Code Section 39.151 for the ERCOT power region.

Passed Through ERCOT Securitization Charges: To address issues arising from Winter Storm Uri in February 2021, the Texas legislature enacted House Bill 4492 to authorize financing mechanisms to provide funds to help stabilize the market. Subchapter M (PUCT Docket 52321) and Subchapter N (PUCT Docket 52322) resulted in the following charges: ERCOT Securitization Default Charges are those related to ERCOT’s financing of costs associated with certain market participants defaulting on their payment obligations as a result of Winter Storm Uri, and ERCOT Securitization Uplift Charges are those related to ERCOT’s financing of costs associated with extraordinary costs charged to load serving entities, including retail electric providers, during Winter Storm Uri.

ERCOT Securitization Default Charges” means charges related to ERCOT’s financing of costs associated with certain market participants defaulting on their payment obligations as a result of Winter Storm Uri.

“ERCOT Securitization Uplift Charges” means charges related to ERCOT’s financing of costs associated with extraordinary costs charged to load serving entities, including retail electric providers, during Winter Storm Uri.

Answer 26. GSA acknowledges these statements to the extent they are consistent with the terms of this solicitation. Per solicitation Section C.1 (7) and C.2 (9),The Government will not accept any exceptions to this solicitation which are inconsistent with the terms and requirements of this solicitation.

Q27. Proposer requests the inclusion of the following provisions, which have been acceptable to the Government in connection with prior solicitation responses by Proposer:

Change in Certification Standard. In the event that 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.

Emissions Reduction Disclaimer. In accordance with Green-e Energy certification requirements, RECs sold 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). Contractor makes no representations or warranties that the RECs sold hereunder can be used as offsets or otherwise for compliance with any emission reduction program, unless otherwise noted on our response.

RECs Resale. The Government agrees that it shall not offer for sale any RECs delivered by Contractor pursuant to this agreement.

Information and Authorization. Government shall designate Contractor to the UDC and/or ISO, as appropriate, as an authorized recipient of Government's current and historical energy billing and usage data. Government authorizes Contractor to take such actions it deems necessary to enroll the Account(s) with the UDC and/or ISO as Accounts to be served by Contractor and otherwise meet its obligations under this Agreement. Government shall take any actions and execute any documents as Contractor shall reasonably request in this regard. Furthermore, Government 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 (ii) the replacement of an Account number with a new number.

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

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

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

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

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

Certain Waivers. C.2(3) Certain Public Utility of Commission of Texas (PUCT) customer protection rules (16 Tex. Admin. Code, subchapter r, §§25.471, et seq) may address the same issues as the terms and conditions of GSA's solicitation/contract. Therefore, in order to avoid conflicts, GSA hereby instructs offerors that the terms and conditions of GSA's solicitation/contract shall govern any customer protections except if a higher level of customer protection is required by paragraph (a)(3) of §25.471 General Provisions of Customer Protection Rules except for the provisions of §25.495 of this title (relating to Unauthorized Change of Retail Electric Provider), §25.481 of this title (relating to Unauthorized Charges), and §25.485(a)-(b) of this title (relating to Customer Access and Complaint Handling).

Answer 27. Per solicitation Section C.1 (7) and C.2 (9),The Government will not accept any exceptions to this solicitation which are inconsistent with the terms and requirements of this solicitation.

Q28. Note: The government’s desire for RECs from projects built Oct 2021 or later, along with the shorter contract term length requested, significantly limits the quantity of qualifying CFE resources potentially available and/or the suppliers who can fulfill these requirements (to those who own new-build uncontracted renewable assets). Allowing suppliers to bid with a fixed quantity of CFE by either staggering the bids or facilitating a methodology to notate that the supplier can only accept awards up to the maximum quantity of CFE notated, can potentially allow the government to receive bids for a larger number of tranches. That said, if the government’s desire is to promote new renewable generation and a higher volume of available qualifying RECs, it may want to consider alternative approaches (such as considering longer contract term lengths for CFE or allowing for earlier online dates for CFE resources).

As currently structured and requested, there may be insufficient volumes of CFE to supply 77% per the request in the RFP.

Answer 28. Noted.

Q29. In looking through the RFP for the General Services Administration in Texas (through EnelX), we noticed in the Price Confirmation Table, that Market Securitization Default and Market Securitization Uplift charges must be included in the Fixed price. Our firm is unable to include these two costs in the Fixed price as requested. Would the GSA give serious consideration to a Fixed price that passes through these two components if other suppliers are indeed able to include it in their Fixed price?

Answer 29. See Answer to Q1.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

EQPM-23-0003

PAGE 1 OF

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL:

3. AWARD/EFFECTIVE

DATE

a. NAME

Mark West

4. ORDER NUMBER 5. SOLICITATION NUMBER

47PA0723R0002

b. TELEPHONE NUMBER (No collect calls)

202-710-4642

6. SOLICITATION ISSUE

DATE

5/4/2023

8. OFFER DUE DATE/

LOCAL TIME

5/31/2023

3:00 PM (EST)

9. ISSUED BY CODE PMPB 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

Carbon Pollution-Free Electricity/ Clean Energy Division SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

1800 F Street, NW Washington, DC 20405 USA

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8 (A)

NAICS:

221122

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

SEE SCHEDULE RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Submission Requirements in SECTION C (See Exhibit 1 for Quantities)

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

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

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

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Mark West

31c. DATE SIGNED

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:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 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

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

RFP 47PA0723R0002 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY23 COMPETITIVE ELECTRICITY SUPPLY

Table of Contents

SECTION A: SCOPE OF WORK 5

A.1 GENERAL 5

A.2 DEFINITIONS 5

A.3 NOMINATING AND BALANCING RESPONSIBILITIES 6

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE 6

A.5 RISK OF LOSS 6

A.6 PROTECTION OF CONTRACT INFORMATION 6

A.7 PAYMENT AND BILLING 6

A.8 EXTENSION PROVISIONS 7

A.9 RESERVED 8

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT 8

A.11 CARBON POLLUTION-FREE ELECTRICITY IN THIS CONTRACT 8

A.12 RESERVED 9

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT 9

A.14 ELECTRICITY REGULATORY CHANGES 9

A.15 CONTRACT ADMINISTRATION 10

A.16 AUCTION PROCESS FOR PRICING USING Enel X 10 A.17 Enel X FEE 10

A.18 DAMAGES FOR MISSING CONTRACT START DATE 10

SECTION B CONTRACT CLAUSES 11

SECTION C SUBMISSION REQUIREMENTS 33

C.1 EVIDENCE OF TECHNICAL ACCEPTABILITY 33

C.2 PRICE PROPOSAL 34

C.3 SUBMISSION OF PROPOSALS 35

SECTION D EVALUATION FACTORS FOR AWARD 37

D.1 EVALUATION 37

D.2 BASIS FOR AWARD 37

D.3 POST AWARD REQUIREMENT FOR SERVICE START DATE REPORTING 37

SECTION E LIST OF ATTACHMENTS AND EXHIBITS 38

1. ATTACHMENT 1: TECHNICAL PROPOSAL CHECKLIST

2. ATTACHMENT 2: CONTRACTOR INFORMATION

3. ATTACHMENT 3: PRICE COMPONENT CONFIRMATION TABLE

4. ATTACHMENT 4: SAMPLE FEDERAL CONTRACTOR VETERANS’ EMPLOYMENT REPORT

VETS-4212 FORM

5. ATTACHMENT 5: SUBCONTRACTING PLANS

6. ATTACHMENT 6: 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS -

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

7. ATTACHMENT 7: RESERVED

8. ATTACHMENT 8: RESERVED

9. ATTACHMENT 9: RESERVED

10. ATTACHMENT 10: RESERVED

11. ATTACHMENT 11: RESERVED

12. ATTACHMENT 12: VERIFICATION FROM CARBON POLLUTION-FREE ELECTRICITY

SUPPLIER

13. ATTACHMENT 13: CARBON POLLUTION-FREE ELECTRICITY GENERATOR REGISTRATION

FORM

14. ATTACHMENT 14: CARBON POLLUTION-FREE ELECTRICITY VERIFICATION

15. ATTACHMENT 15: CARBON POLLUTION-FREE ELECTRICITY ENERGY ATTRIBUTE

CERTIFICATE NOTIFICATION

16. ATTACHMENT 16: CARBON POLLUTION-FREE ELECTRICITY CALCULATIONS

17. EXHIBIT 1: EXCEL FILE WITH AUCTION SCHEDULE AND ACCOUNT USAGE

INFORMATION

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

ELECTRONIC MAIL AT Mark2.West@gsa.gov and Ky.Nguyen@gsa.gov mailto:Mark2.West@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 3 of this solicitation for Federal facilities located in the Transmission and Distribution Service Provider (TDSP) service territories within the state of Texas. The Delivery Point for such electricity shall be the independent system operator (ISO)/utility interconnect for the specific facilities identified in Exhibit 1 of this contract. The TDSP will then distribute the electricity to the Government’s individual meters. Pricing is to the Delivery Point and shall include all cost components specified in Attachment 3 of this solicitation. The Contractor shall supply the full requirements of such electricity for a term of sixty (60) full monthly billing cycles for accounts included in this contract. The Contractor shall bill in accordance with Attachment 3 of this solicitation including billing TDSP delivery charges at cost with no additional charges assessed for loss or imbalance energy. The Government has placed its requirements into one pricing group, as indicated in Exhibit 1. 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 August 2023 as noted in Exhibit 1.

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 TDSP at the Delivery Point. The Government has organized its requirements for this solicitation in Exhibit 1, as described below.

Exhibit 1 includes: (1) TDSP rate schedule, (2) TDSP account number, (3) Agency/account holder, (4) General Service Location, (5) TDSP, (6) Monthly consumption (kWh), (7) Registered monthly on-peak demand (KW) per TDSP tariff definition, (8) Registered monthly maximum demand (KW) per TDSP tariff definition, (9) Monthly on-peak KWH per TDSP tariff definition, (10) Monthly interim KWH per TDSP tariff definition, (11) Monthly off-peak KWH per TDSP tariff definition, (12) Monthly billing days, (13) Monthly load factor, (14) Range of meter read dates throughout the year, and (15) Weather hourly interval data.

A.2 DEFINITIONS

For purposes of this contract, the following definitions apply to the contract and its attachments:

Balancing Authority: Also known as Control Area, is an electric power system or combination of electric power systems bounded by interconnection metering and telemetry to which a common generation control scheme is applied. For example, the Electric Reliability Council of Texas (ERCOT) operates as one Balancing Authority.

Carbon Pollution-Free Electricity (CFE): means electrical energy produced from resources that generate no carbon emissions, including marine energy, solar, wind, hydrokinetic (including tidal, wave, current, and thermal), geothermal, hydroelectric, nuclear, renewably sourced hydrogen, and electrical energy generation from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that meets Environmental Protection Agency (EPA) requirements. (See Sec. 603(d) of Executive Order (E.O.) 14057)

Energy Attribute Certificate (EAC): is any instrument that conveys information (attributes) about a unit of energy, including the resource used to create it and the emissions associated with its production and use. EACs provided under this contract must contain enough detail to satisfy the requirements of this contract.

Kilowatt Hour or kWh: means 1000-watt hours and represents one kilowatt of power expended for one hour of time.

Locational Marginal Price (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).

Megawatt or MW: means a unit for measuring power that is equivalent to one million watts (equivalent to one joule per second).

Renewable Energy Certificate or REC: means the technology and environmental (non-energy) attributes that represent proof that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource, and can be sold separately from the underlying generic electricity with which it is associated. (Sec. VII of M-22-06) These are unique certificates that represent all the environmental attributes or benefits of a specific quantity of renewable generation. RECs are created when a renewable energy facility generates electricity. A REC is a type of EAC and may fulfill the requirement to provide a CFE EAC where appropriate so long as all other contractual requirements are met.

Renewable Energy: means marine energy (as defined in 42 U.S.C. 17211), or electric energy produced from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.

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)(2).

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 TDSP 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 switch to the Non-volunteer Provider 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 Public Utility Commission of Texas (PUCT) regarding issuance and format of bills. The Contractor shall use the TDSP'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 TDSP 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 TDSPs. 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. The Contractor shall be responsible for any late charges and/or penalties associated with prompt payment requirements that may be required by internal procedures and/or controls of the TDSPs. The Government requires that each bill contain itemized account level detail on a building or facility basis. Each invoice shall include itemized charges levied by the TDSPs.

Contractor’s invoices must match the company name and payment information for the Contractor in relation to invoices rendered must match the SAM.gov Unique Entity ID, Tax Identification Number and Cage Code specified in Attachment 2.

A.8 EXTENSION PROVISIONS

The Government may request extension of performance, one or more times, in accordance with the existing contract terms and conditions, so long as the total additional performance period does not exceed twelve (12) months.

Pricing for the extension term will be in accordance with market movement comparing market prices on the day of contract award with settle prices for the previous trading day to the day the Government requests a contract extension.

For purposes of this solicitation, the comparison will be based on ERCOT North, ERCOT West, ERCOT South and ERCOT Houston Around the Clock (ATC) settle prices and term awarded for each pricing group on the day of the auction and settle prices for the previous trading day to the day an extension price is requested by the Government for the same pricing group or groups.

The auction day settle prices will be load weighted with the ERCOT North, ERCOT West, ERCOT South and ERCOT Houston monthly contract volumes included in the Exhibit 1 for each pricing group the Government requests an extension for. The Government will provide a copy of the ATC settle prices and monthly volumes for each pricing group in the fully executed contract.

The settle prices will be load weighted with the ERCOT North, ERCOT West, ERCOT South and ERCOT Houston extension volumes provided by the Government for each pricing group at the time of extension request.

Pricing for the extension term shall be determined by calculating the percentage difference between the load weighted auction day and previous trading day settle prices and applying that percentage difference to the original auction price under this Contract.

If the Contractor declines to extend, the contract will expire with the current performance period for the associated pricing group(s).

Notice of request for extension will be furnished to the Contractor not later than thirty (30) days prior to the expiration of the contract or any extension thereof. However, nothing precludes the Contractor from agreeing to an extension of the contract if the Government fails to issue the notice prior to the thirty (30) days.

Notice of request for extension of this contract shall be considered to have been accomplished at the time the Government sends notice via email to the Contractor.

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.4, Tailored Addendum To FAR 52.212-4(1) 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 CARBON POLLUTION-FREE ELECTRICITY IN THIS CONTRACT:

Requirement: Contractor shall deliver carbon pollution-free electricity (CFE) energy attribute certificates (EACs) equal to seventy-seven percent (77%) of the total actual usage required for all accounts included in Pricing Group One(1) as specified in Section C.2 and Exhibit 1. CFE requirements are load following and the number of EACs delivered must be based on actual usage for each account. The CFE EAC content requirements herein are in addition to any renewable power required to comply with the State of Texas’ Renewable Portfolio Standard (RPS) requirements, if any, during the term of any resultant contract(s).

The CFE EACs the Contractor…