Solicitation Amendment 47PA0723R0006_0001 SF30 QandA Revised Solicitation.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

Bonnie Bueter, Contracting Officer

AMENDMENT 0001 incorporates: GSA’s answers to supplier questions received by the due date and time 3:00 PM EDT

Thursday, August 31st, 2023 as well as all changes and updates resulting in the revised Solicitation, Attachment 3 Price

Component Confirmation Table and Exhibit 1. Additionally, Amendment 0001 amends Section A.12 of the solicitation. 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

EQPMPB-23-0010

47PA0723R0006

1 2

9/6/2023

8/23/2023

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 $

47PA0723R0006 GSA New York Competitive Electricity Buy

Questions and Answers received as of 3pm EDT on August 31,2023.

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

AMENDMENT 0001 VERSION OF THE SOLICITATION.

1. Is the Government aware of any behind the meter generation being considered at any of the facilities in

Exhibit 1?

Answer 1. The included agencies have confirmed there is no existing or currently planned behind the meter generation at any of the included facilities / accounts.

2. “ATTACHMENT 3” shows the price component of: “Ancillary Services & Independent System Operator (ISO) costs (including Network Transmission Access Charges (NTAC), operating reserves and ISO administrative fees)”. Can the Government confirm that NTAC is meant to refer to the “NYPA Transmission Adjustment

Charge”.

Answer 2. Confirmed, See Amendment 1, this has been updated in the Attachment 3 Price Component

Confirmation Table.

3. Can the Government confirm the NYPA Transmission Adjustment Charge (NTAC) is fixed for the term of the agreement and the Contractor will not be able to seek an annual price adjustment for changes in NTAC costs?

Answer 3. See Amendment 1 – The Attachment 3 Price Component Confirmation Table requires NYPA

Transmission Adjustment Charge (NTAC) to be fixed at currently known costs for the entire contract.

Any future changes or implemented costs for future projects will be handled under Section A.14

Electricity Regulatory Changes.

4. Can the Government confirm that Capacity cost are fixed for the term of the agreement and the Contractor will not be able to seek an annual price adjustment for changes in ICAP tags?

Answer 4. Confirmed. All costs associated capacity, including changes in ICAP tag values, are to be fully fixed for the full term of any awarded contract(s).

5. “ATTACHMENT 3” shows the price component of “Public Policy Transmission (PPT) costs” as “Fixed”. PPT cost are currently unknown for 2024, 2025, 2026 and 2027, the Transmission developers provide annual estimates to the NYISO in both June (effective July of the same year) and September (effective January the following year). Example: For non-NYPA projects, they will posts estimates for calendar year 2024 on or around September 30th, 2023. For NYPA Projects they will post estimates for July 2024 through June 2025 on or around June 30th, 2024. Since PPT cost are currently unknown for 2024, 2025, 2026 and 2027, will the

Government allow this component to be treated as an “Economic Price Adjustment” (passed through at costs and not included in bid prices) in line with the way RES and ZECs will be treated?

Answer 5. See Amendment 1 – The Attachment 3 Price Component Confirmation Table has been updated to show Public Policy Transmission (PPT) and Transmission Owner Transmission Solutions

(TOTS) treatment as an Economic Price Adjustment. These items are not to be included in bid prices and all associated costs will be billed the Government with no markup per Section B - 552.216-77

Economic Price Adjustment – Electric Supply.

6. If the Government is unwilling to treat “Public Policy Transmission (PPT) costs” as “Economic Price

Adjustment” will the Government allow Contractor to adjust semi-annually, addressed via section “A.14

ELECTRICITY REGULATORY CHANGES”, and based on the Transmission Developers annual NYISO postings in both June (effective July) and September (effective the following January) of each year?

Answer 6. See above answer #5.

7. Can the Government confirm that New York Local Transmission Climate Leadership and Community

Protection Act (“CLCPA”) Facilities Costs (“CFC Transmission Costs”) are currently unknown and will be addressed via section “A.14 ELECTRICITY REGULATORY CHANGES”. “CFC Transmission Costs” are local transmission facilities, being developed or upgraded by the utilities, to further the CLCPA and in accordance with the Cost Sharing and Recovery Agreement and Rate Schedule 19 of the NYISO OATT, as approved by FERC pursuant to Docket No. ER22-2154 issued on August 19, 2022 and NY PSC Case 20-E-0197 approved on

February 16, 2023. CFC Transmission Costs do not include transmission related charges under Transmission

Owner Transmission Solutions (TOTS), Public Policy Transmission (PPT) or NYPA Transmission Adjustment

Charge (NTAC).

Answer 7. Confirmed, as these costs are presently unknown, they will be handled under section A.14.

Additionally. See above answer #3 regarding NTAC and #5 regarding PPT and TOTS.

8. “ATTACHMENT 3” lists “New York Renewable Energy Standards (RES) compliance costs” and “Clean Energy Standard Compliance Costs including Zero Emission Credits (ZECs)” as “Economic Price Adjustment”.

The Clean Energy Standard (CES) consist of the following obligations: (1) Tier 1 - Renewable Energy Standard (RES), (2) Tier 2, (3) Zero-emission Credits (ZEC) and (4) Tier 4 – a future obligation still being developed with unknown costs. Can the Government confirm that Tier 4 costs are currently unknown, and will be addressed via section “A.14 ELECTRICITY REGULATORY CHANGES”?

Answer 8. Confirmed, See Attachment 3 – Price Component Confirmation Table. All charges associated with Clean Energy Standard compliance including future changes to Tier 4 obligations, will be handled under FAR Clause 552.216-77 Economic Price Adjustment and will be billed as a pass through to the Government with no markup.

9. Can the Government confirm that Offshore Wind Renewable Energy (OREC) costs are currently unknown, and will be addressed via section “A.14 ELECTRICITY REGULATORY CHANGES”?

Answer 9. Confirmed. See Attachment 3 – Price Component Confirmation Table. Per FAR Clause 552.216-77 Economic Price Adjustment, all presently known and potential future compliance costs for RPS, RES, CES, ZEC are to be billed as a pass through to the Government with no markup. See Economic Price Adjustment section (d) for notification requirements of any newly implemented charge or change that may result in unexpected increases.

10. Section “552.216-77 Economic Price Adjustment” specifies “(d) Changes. The Contractor shall: (1) Notify the Contracting Officer in writing as soon as reasonably possible of a change to either of the items listed in (c) of this clause is required during the performance of the contract. The notification shall include the effective date of the change, the applicable change, and reason for the change. (2) On the anniversary date of a multiple year contract, or at the beginning of a renewal option period, to review and represent that the items listed in (c)) of this clause, are current, accurate, and complete. (3) If the estimated value of the contract is increased or decreased as a result of paragraphs (d)(1) or (d)(2) of this clause, the Contractor shall provide a written request to the Contracting Officer, and the contract shall be modified accordingly.” Since the Government is requesting a pass through of charges, and some of the charges being passed through could vary monthly, can the Government confirm that they are:

o NOT expecting the Contractor to notify the Government monthly as the pass through charges/credits change.

o ARE expecting the Contractor to notify the Government annually as the pass through charges/credits change and consistent with the availability of data being posted by the applicable entity (Ex: NYISO or NYPA). Example: Posting of RES (Tier 1) is expected prior to January, when the cost obligation becomes effective for the calendar year, whereas ZEC (Tier 3) is posted prior to April, when the cost obligation becomes effective for the ZEC year (April – March).

Answer 10. Contractors are not required to notify the government regarding expected monthly changes to economically price adjusted components based on current available pass-through estimates. See Economic Price Adjustment Clause, Section 552.216-77for additional information on notification requirements and timelines.

11. In section “B.4 (k) TAXES”, indicates: “contract price includes all applicable Federal, State, and local taxes and duties.”. Can the Government confirm that they are tax exempt from New York State Sales and Use taxes and that Sales and Use Tax should not 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 the included Federal agencies may be exempt per section C.2 (3). Upon award each agency can provide the necessary documentation for tax exemption certification.

12. In section “B.4 (l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE”, specifies: “(B) The forward market price shall be defined as…plus any energy supply items that have been purchased in the forward market to supply the account…”. Certain energy supply items, included in the fixed price, may not be “purchased in the forward market”. Would the Government consider amending item “(B)” to state: ”The forward market price shall be defined as the average of around-the-clock (ATC) energy prices at the New York Independent System

Operator (NYISO) Zone where the account(s) is located for a term equal to the remaining term of the contract plus a market price, determined in a commercially reasonable manner, for any other energy supply items fixed in the contract price.”

Answer 12. Bid as shown. 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.

13. In section “A.8 Extension Provisions” can the Government provide additional detail around “settle prices” and the source of data used to calculate the settle prices?

Answer 13. Settlement data is provided by third party provider S&P Global using futures price data based on the prior day’s close. Per section A.8 the Extension Provision will be bilateral, the contractor reserves the right to decline pricing or the option to extend.

14. Contractor does not subscribe to the requested version of the Dun & Bradstreet report. Can Moody’s and

S&P reports be submitted to satisfy C.1.b.9?

Answer 14. Confirmed.

15. In 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 15. Bid as shown. 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.

16. In 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 the contractor request this be removed? The Government bears the risk of any after imposed costs and the contractor 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. The Supplier will notify the Government of any after-imposed Charges in accordance with section A14.

Answer 16. Bid as shown. 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.

17. Can Contractor request and add the following provisions?

• 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.

• 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.

• 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 45 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.

• 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.

• 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.

• 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.

Answer 17. Bid as shown. Per section C.2(8) will not accept any exceptions to this Solicitation which are inconsistent with the terms and requirements of this Solicitation.

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

Answer 18. Confirmed. While GSA strongly encourages the bid prices to be held until 1:30pm EDT on

September 27th, 2023; offerors may withdraw their prices upon email notification to the contracting officer up to notice of award via email to the offeror.

19. 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 19. The question-and-answer period regarding the terms and conditions for this solicitation expired on at 3PM EDT on August 31, 2023. Additional account-related questions pertaining to Exhibit 1 may be asked until 3PM EDT on Thursday, September 21rst.

20. With respect to Section A.12 Renewable Power for facilities in this Contract, to properly identify the product offering, can the supplier 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.

• 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 20. Bid as shown. Per section C.2(8) will not accept any exceptions to this Solicitation which are inconsistent with the terms and requirements of this Solicitation.

22. Will GSA consider passing through TOTS and NPPT? This contractor is unable to fully fix all elements of these cost components. Retail suppliers are pure cost takers on these transmission related charges and have no ability to mitigate risk other than through prudency (risk premiums)?

Answer 22. See above answer #5.

23. Per attachment 3, New York Renewable Energy Standards (RES) Compliance Costs and Clean Energy

Standard Compliance Costs including Zero Emission Credits (ZECs) are listed as “Economic Price Adjustment”.

It is our understanding that these costs are to be a Full Pass Through At Cost for the entire term of the contract.

Is it the intention that these cost components are intended to be Full Pass Through for the entire term of the contract and that the contractor should not include any costs associated with these cost components in their bid? If this is the intent, can attachment 3 be updated accordingly to reflect Full Pass Through At Cost? If there is a different intent to “Economic Price Adjustment”, can a numerical example be provided as to how such a cost component should be calculated?

Answer 23. The Government term Economic Price Adjustment is synonymous with the industry term

Passed Through at Cost. Additionally, see above answers #8 and #9.

24. This section states that the annual reporting period shall be October 1 through September 30 and that the annual report shall be submitted no later than October 31 of each year. This is a very tight turnaround and perhaps unachievable as utility meter read schedules suggest that all September usage will not be available to meet an October 31 annual report deadline. Can the deadline for submission of the annual report be extended to November 30 to allow for the compilation and verification of usage for the reporting period and preparation of supporting documents? If the stated deadline of October 31 cannot be extended, will leniency be granted regarding the due date/submission of the annual report should final usage data not be available to determine the obligation for the reporting period? We foresee an issue with data availability conflicting with the reporting due date and are trying to get ahead of the issue.

Answer 24. See Amendment 1, Section A.12 has been updated to add the following language,”While the annual report is due to GSA no later than October 31st each year; if needed, the Contractor may update the report no later than December 1st each year. Contractor must state in the email where they submit their report as to whether the report is final or if an updated report will be provided to GSA.

25. Economic Price Adjustment Clause, Section 552.216-77,(d)(1) and 9d)(3) indicates that notice must be provided by the contractor and approval received from the contracting officer when there are changes in “Other

Market Charges and Credits”. The charges associated with “Other Market Charges and Credits” will change on a monthly basis. Is the intention here for a formal notice and approval process to occur every month for a pass-through cost component that will change every month? Is this section meant to address the change in

“treatment” of the pass-through charges rather than the actual value of the pass-through component?

Answer 25. See above answer #10.

26. Please confirm the extension provisions in Section A.8 are all subject to mutual agreement. If mutual agreement is not reached the contract will end on the initial end date.

Answer 26. Confirmed. Per Section A.8, “If the Contractor declines to extend, the contract will expire with the current performance period for the associated pricing group(s)

27. Would GSA consider a Bi-lateral product offering?

Answer 27. No. All bids must be in accordance with all terms and conditions of this solicitation including the Attachment 3 – Price Component Confirmation Table.

28. Contractor requests the right to withdraw its price(s) at any me prior to bid being awarded

Answer 28. See above question #18.

29. Contractor requests the right to supplement or amend any of the questions, clarifications, or exceptions listed in this document?

Answer 29. See above answer #19.

30. With the multiple start dates, will GSA accept an end date of Nov 26 for all accounts?

Answer 30. No. All bids must be in accordance with all terms and conditions of this solicitation including Section C.2 and the Exhibit 1 which state the end date for all accounts will be the November

2025 utility meter read date.

RFP 47PA0723R0006 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY23 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 1 - SEPTEMBER 6, 2023

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 7

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT 7

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

A.12 RENEWABLE POWER / RENEWABLE ENERGY 8

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

A.14 ELECTRICITY REGULATORY CHANGES 10

A.15 CONTRACT ADMINISTRATION 10

A.16 AUCTION PROCESS FOR PRICING USING ENEL X 11

A.17 ENEL X FEE 11

A.18 DAMAGES FOR MISSING CONTRACT START DATE 11

SECTION B CONTRACT CLAUSES 12

SECTION C SUBMISSION REQUIREMENTS 36

C.1 EVIDENCE OF TECHNICAL ACCEPTABILITY 36

C.2 PRICE PROPOSAL 37

C.3 SUBMISSION OF PROPOSALS 39

SECTION D EVALUATION FACTORS FOR AWARD 41

D.1 EVALUATION 41

D.2 BASIS FOR AWARD 41

D.3 POST AWARD REQUIREMENT FOR SERVICE START DATE REPORTING 41

SECTION E LIST OF ATTACHMENTS AND EXHIBITS 42

1. ATTACHMENT 1: TECHNICAL PROPOSAL CHECKLIST 42

2. ATTACHMENT 2: CONTRACTOR INFORMATION 42

3. ATTACHMENT 3: PRICE COMPONENT CONFIRMATION TABLE 42

4. ATTACHMENT 4: SAMPLE FEDERAL CONTRACTOR VETERANS’ EMPLOYMENT REPORT VETS-4212

FORM 42

5. ATTACHMENT 5: SUBCONTRACTING PLANS 42

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

PRODUCTS AND COMMERCIAL SERVICES 42

7. ATTACHMENT 7: VERIFICATION FROM RENEWABLE POWER / RENEWABLE ENERGY SUPPLIER 42

8. ATTACHMENT 8: RENEWABLE POWER / RENEWABLE ENERGY GENERATOR REGISTRATION FORM 42

9. ATTACHMENT 9: RENEWABLE POWER / RENEWABLE ENERGY VERIFICATION 42

10. ATTACHMENT 10: RENEWABLE POWER / RENEWABLE ENERGY CERTIFICATE NOTIFICATION 42

11. ATTACHMENT 11: RENEWABLE POWER / RENEWABLE ENERGY ELECTRICITY CALCULATIONS 42

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12. ATTACHMENT 12: RESERVED 42

13. ATTACHMENT 13: RESERVED 42

14. ATTACHMENT 14: RESERVED 42

15. ATTACHMENT 15: RESERVED 42

16. ATTACHMENT 16: RESERVED 42

17. EXHIBIT 1: EXCEL FILE WITH AUCTION SCHEDULE AND ACCOUNT USAGE INFORMATION 42

NOTE: ALL QUESTIONS MUST BE SUBMITTED VIA

ELECTRONIC MAIL TO Mark2.West@gsa.gov, Ky.Nguyen@gsa.gov and Bonnie.Bueter@gsa.gov

AMENDMENT 1 - SEPTEMBER 6, 2023

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 Local Distribution Utility (LDU) service territories within the state of New York. 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 LDU 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 up to twenty-four (24) full monthly billing cycles for accounts included in this contract. The Contractor shall bill in accordance with Attachment 3 of this solicitation. The Government has placed its requirements into six (6) Pricing Groups, 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 November 2023, May 2024, or June 2024 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 LDU at the Delivery Point. The Government has organized its requirements for this solicitation in Exhibit 1, as described below.

Exhibit 1 includes: (1) LDU rate schedule, (2) LDU account number, (3) Agency/account holder, (4) General Service Location, (5) LDU, (6) Monthly consumption (kWh), (7) Registered monthly on-peak demand (KW) per LDU tariff definition, (8) Registered monthly maximum demand (KW) per LDU tariff definition, (9) Monthly on-peak KWH per LDU tariff definition, (10) Monthly interim KWH per LDU tariff definition, (11) Monthly off-peak KWH per LDU 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:

Kilowatt Hour or kWh: means 1,000-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

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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 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 switch to the LDU 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 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 LDUs. 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 invoices must

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match the company’s 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 applicable pricing zones 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 applicable pricing zone for each included account will be included in the Exhibit 1 file.

The auction day settle prices will be load weighted with the applicable pricing zones 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 applicable pricing zones 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.

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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

Section 203 of Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, December 8, 2021) set a goal for the Federal Government to achieve 100% carbon pollution-free electricity (CFE) on a net annual basis by 2030, including 50% 24/7. If during the term of the contract, CFE becomes available in the NYISO grid region, the Government may be interested in a future bilateral modification(s) to require up to 100% CFE. The Contractor must be willing to discuss such delivery.

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.

To count toward the Federal Government’s goal of achieving 100% CFE by 2030, the EACs must be sourced from generation resources that:

● Produce CFE (based on the above definition);

● Were placed in service on or after October 1, 2021, either as a new resource or as new capacity at an existing resource modified to increase output; and

● Deliver CFE to the NYISO.

A.12 RENEWABLE POWER / RENEWABLE ENERGY

The Contractor shall deliver wind or solar RECs equal to eight (8.0%) of total usage required for all accounts included in each Pricing Group 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 example, for the contract’s first year, resources will need to have been placed in service on or after October 1, 2013.

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:

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(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 CS at the addresses specified in Section A.15 no later October 31 each year and shall contain Attachments seven (7) through eleven (11). While the annual report is due to GSA no later than October 31st each year; if needed, the Contractor may update the report no later than December 1st each year. Contractor must state in the email where they submit their report as to whether the report is final or if an updated report will be provided to GSA.

Renewable Power Vintage: To qualify as an eligible REC…