Amendment 0002 RFP 47PA0724R0004.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 is issued to extend the Technical proposal submission due date from March 14, 2024 to March 21, 2024, All changes/updates to the Solicitation are listed on the Description of Amendment 0002 continuation page. All other terms and conditions remain the same.

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-24-0001

47PA0724R0004

1 3

3/11/2024

2/15/2024

INSTRUCTIONS (Back Page):

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

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

Item 3 (Effective date).

(1)

(2)

(3)

(4)

(5)

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

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

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

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

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

(a)

(b)

(c)

(d)

(e)

(f)

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

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

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

Item 12 (Accounting and Appropriation Data).

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

(2) Accounting classification Net decrease $

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

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

(i)

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

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

Item 14 (Description of Amendment/Modification).

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

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

(i) Total contract price increased by $

(ii) Total contract price decreased by $

(iii) Total contract price unchanged.

State reason for modification.

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

(g)

(h)

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

(i) A reference to the letter determination; and

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

(1)

(2)

(3)

(4)

(5)

(6)

STANDARD FORM 30 (REV. 11/2016) BACK

(1) Accounting classification Net increase $

Description of Amendment 0002 Continuation Page …..

AMENDMENT 0002

RFP SOLICITATION 47PA0724R0004

R7 - TEXAS - ERCOT

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

YELLOW IN THE AMENDMENT 0002 VERSION OF THE SOLICITATION

1. In Section B Contract Clauses, the Tailored Addendum at FAR 52.212-4 (l) - Termination for the Government’s Convenience was incorporated back into Retail Choice solicitations

2. Section C.2 Price Proposal(4), the dates for holding prices have been updated to April 9th.

3. Section C.2 Price Proposal (7), the Q&A period for the new Grid-Supplied CFE and new Grid-Supplied CFE Attestation forms requirements can be submitted until 5:00 PM EDT on March 15th, 2024

4. Section C.2 Price Proposal (9), attachments seventeen (17), eighteen (18) and nineteen

(19) have been added.

5. Section C.3 Submission of Proposals, Technical proposal submission date is extended and must be received no later than 3:00 p.m. EDT on March 21 , 2024.

6. In Section C.3 Submission of Proposals, the Price Proposal date has been updated to April 9th.

7. The answers to questions 5 and 14 have been updated in the revised questions and answers document.

47PA0724R0004 GSA ERCOT COMPETITIVE ELECTRICITY BUY

Ques�ons and Answers

Received as of 3:00 PM ET Wednesday February 28 th , 2024.

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

AMENDMENT 0002 VERSION OF THE SOLICITATION.

Q1: Contractor requests the right to withdraw its price(s) at any �me prior to bid being awarded.

A1: Confirmed. While GSA strongly encourages all offerors to hold their prices un�l 1:30 p.m.

per the solicita�on requirements, Offerors may withdraw bids up un�l a no�ce of award via email is sent to the Offeror.

Q2: Contractor requests the right to supplement or amend any of the ques�ons, clarifica�ons, or excep�ons listed in this document.

A2: The Ques�on and Answer period regarding solicita�on terms and condi�ons closed at 3:00 PM EDT on February 28th, 2024. If suppliers have addi�onal account or data related ques�ons those can be submi�ed un�l 5:00 PM EDT on March 27 th , 2024.

Q3: Contractor requests the Government pass through all ancillary services. As of now, only the 2024 ancillary service methodology has been determined. 2025 and beyond remain a work in progress. As noted by the recent introduc�on of ECRS, firm fuel standard, and the expecta�on of the bridging solu�on, ancillary service quan��es remain in significant flux. Fixing any ancillary service will result in a significant risk premium to the Government. If it chooses to fix any ancillary service, why is it selec�vely passing through only a small subset given that changes to one o�en lead to effects on others?

A3: GSA will make no change to the way each component listed in A�achment 3 is currently being handled regarding it being fixed in the bid price or pass-through at cost. However, see the Amendment 1 version of A�achment 3 - Price Component Confirma�on Table which has been updated to show line item billing is not required for Market Securi�za�on Default, Market Securi�za�on Upli� and ERCOT Con�ngency Reserve Service Charge (ECRS). Note, if there is a change in law regarding an ancillary charge post contract award, this would be addressed through the process at Sec�on A.14 Electricity Regulatory Changes.

Q4: Please confirm that unbundled (CFE) EACs are acceptable for this solicita�on.

A4: Confirmed. There is no requirement in this solicita�on for the electricity commodity to be produced from or generated by Carbon Free Energy sources.

Q5: It appears the methodology for a termina�on for convenience (including for deletes in Sec�on A.9) went from the prior 2023 special methodology which contemplated mark-to-market to one under Tailored Addendum to FAR 52.212-4 Contract Terms and Condi�ons (subsec�on L), which is different and does not expressly allow any recovery of outer period if the market is below the contract price (as was provided in solicita�on

47PA0723R0002). Please confirm this should reference the special methodology under the Tailored Addendum.

A5: The ERCOT specific Termina�on for the Government’s Convenience calcula�on (subsec�on l) has been included in the Tailored Addendum to FAR 52.212-4 Contract Terms and Condi�ons in Amendment 2 .

Q6: It appears that 10443720002891053 is large enough to be interval metered (700 kW threshold typically), but interval data was not returned by Oncor. We also did not find interval in your usage files. Can you confirm the status on interval usage availability for this account?

A6 : GSA has confirmed with Oncor that this ESI ID does not have an IDR meter installed.

Q7 What would the government suggest happens if a renewable generator defaults on its obliga�ons to deliver RECs to Contractor? Contractor is not a renewable generator and must purchase the EACs separately to provide to the Government. While Contractor would fully expect to hedge its obliga�ons and purchase RECs from a renewable generator, if the generator defaults or the Government uses more electricity, Contractor may be unable to repurchase the RECs from an alterna�ve renewable generator at the later date or, if able, may be unable to do so at the same price quoted.

A7: Contractors are responsible for complying with their obliga�ons under the contract. Any failure to deliver EACs as required would be addressed in accordance with appropriate contract terms and condi�ons, including the relevant por�ons of FAR 52.212-4 included in the solicita�on.

Q8: Regarding Sec�on A.7: Can the GSA provide end use agency billing requirements during solicita�on review? If not, how quickly a�er the review process will the requirements be provided? Will contractor have an opportunity to discuss any concerns regarding requirements?

A8: GSA is currently working to collect billing informa�on from all included agencies and intends to provide that informa�on to Offerors no later than March 27 th . If GSA is unable to provide this informa�on prior to the auc�on, GSA will coordinate a post-award call between the agency POCs and the awarded supplier within thirty calendar days of contract award.

Note, the new contract will not start un�l the June 2024 u�lity meter read dates.

Q9: Regarding Sec�on B.2 FAR 52.212-4 (g): Please confirm that in lieu of invoice inclusion, Suppliers EFT and TIN informa�on will be included on and provided to the GSA via our W9 and banking informa�on. Invoices to the GSA will include applicable account informa�on.

A9: Confirmed. Note, per the solicita�on and Exhibit 1, GSA does not have any accounts included in this buy, invoices will be sent to the appropriate end-use agency who is responsible for paying each invoice.

Q.10 Regarding Sec�on B.2 FAR 52.212-4 (g): We would like to clarify that shipping number and date of shipment is not applicable to electricity supply however, Supplier will include applicable power informa�on including but not limited to billing window, billing date, usage window, account number, LDC number, usage, meter read dates, etc.

A10: Confirmed.

Q11: Regarding Sec�on B.2. FAR 52.204-30: Can the GSA clarify whether the covered ar�cles referenced in this sec�on are applicable to the services that would be provided under this contract?

A11: Contractors are responsible for complying with the terms of FAR 52.204-30, including searching the System for Award Management to locate any applicable Federal Acquisi�on Supply Chain Security Act Orders.

Q12: Is GSA interested in Add/Delete provisions allowing for the addi�on and dele�on of sites up to X% of contracted volumes vs using Standard Form 30 for Add’s and Termina�on for Government’s Convenience for Deletes?

A12: No. Adding or dele�ng accounts will be handled under the language provided in Sec�on A.10 of the solicita�on.

Q13: May we know the billing requirements for the three en��es listed in the Exhibit I? (i.e. ETF, regular hard copy) A13: See answer #8.

Q14: How does the GSA intend to calculate se�lement charges based on Termina�on for Government Convenience for a compe��ve electricity supply ?

A14: See updated answer #5.

Q15: Would the GSA consider proposals for different term lengths, shorter, or longer or is the current 48mo the only request that the GSA will consider?

A15: GSA will not consider proposals with different term lengths as it would interfere with our acquisi�on plans, procurement schedules and customer agency budgets at this stage of the procurement.

Q16: A�achment 3: Price Component Confirma�on Table does not list ERCOT Emergency Pricing Program (PUCT Rule Sec�on 25.509 and Project No. 54585). This is an upli� charge that may be allocated to retail suppliers during �mes of extreme grid distress. There is no historical context for this cost as it has never been administered since approved. We request that GSA add this to the price component table as a pass-through cost. Is this acceptable to GSA?

A16: Yes. See the Amendment 1 version of A�achment 3 - Price Component Confirma�on Table.

Q17: Do any of the four en��es listed in Exhibit 1 (Bureau of Engraving and Prin�ng, Bureau of Prisons, Department of Jus�ce, US Department of Agriculture) have any special billing requirements that are not covered in the solicita�on?

A17: See Answer #8.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

EQPMPB-24-0001 1

47PA0724R0004

Mark West 202-501-0465

PMPB

See below for additional information

Mark West

221122

3/11/2024

3/21/2024

3:00 PM (EST)

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

MarkWest Highlight

MarkWest Highlight

MarkWest Highlight

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

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 REQUESTS FOR EXTENSION 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 12

SECTION C SUBMISSION REQUIREMENTS 42

C.1 EVIDENCE OF TECHNICAL ACCEPTABILITY 42

C.2 PRICE PROPOSAL 43

C.3 SUBMISSION OF PROPOSALS 44

SECTION D EVALUATION FACTORS FOR AWARD 45

D.1 EVALUATION 45

D.2 BASIS FOR AWARD 45

D.3 POST AWARD REQUIREMENT FOR SERVICE START DATE REPORTING 45

SECTION E LIST OF ATTACHMENTS AND EXHIBITS 46

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

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

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. ATTACHMENT 17: SUPPLIER-ATTESTED GRID-SUPPLIED CARBON POLLUTION-FREE

ELECTRICITY VERIFICATION

18. ATTACHMENT 18: GRID-SUPPLIED CARBON POLLUTION-FREE ELECTRICITY ENERGY

ATTRIBUTE CERTIFICATE NOTIFICATION

19. ATTACHMENT 19: GRID-SUPPLIED CARBON POLLUTION-FREE ELECTRICITY

CALCULATIONS

20 . 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 , Ky.Nguyen@gsa.gov and Bonnie.Bueter@gsa.gov mailto:Mark2.West@gsa.gov mailto:Ky.Nguyen@gsa.gov mailto:Bonnie.Buter@gsa.gov

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

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 solicitation. 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 forty-eight (48) 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 (1) 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 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 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)

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

Grid-Supplied (CFE): means CFE delivered as part of the default electricity service or the electricity grid mix from a utility or electric service provider. Grid-Supplied CFE calculations are based on a supplier-attested methodology explained in detail in Section A.11 under “Grid-Supplied CFE.”

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 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 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.

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

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 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 REQUESTS FOR EXTENSION

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 settlement 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 the applicable pricing zone(s)’ Around the Clock (ATC) settlement prices and term awarded for each pricing group on the day of the auction and settlement 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.

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

The auction day settlement prices will be load weighted with the applicable pricing zone(s)’ 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 settlement prices and monthly volumes for each pricing group in the fully executed contract.

The settlement 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 settlement prices for the previous day to the day an extension price is requested 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 FAR 52.212-4 (l) - Termination for the Government’s Convenience 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-five percent (75%) 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 provides must:

1. Be sourced from generation resources that produce CFE as defined herein;

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

2. Be sourced from CFE generation resources placed into service on or after October 1, 2021, either as a new resource or as new capacity at an existing resource modified to increase output 1 ;

3. Be sourced from generation resources that deliver CFE to the ERCOT Balancing Authority; and

4. Be generated during the Government’s applicable fiscal year calendar (October 1 through September 30) for each year of the contract, or the six (6) months immediately preceding or the three (3) months immediately following that time period (e.g., April 1, 2023 through December 31, 2024 for fiscal year 2024).

Grid-Supplied CFE: A supplier-attested methodology for grid-supplied CFE will be used to capture CFE in the supplier’s existing grid mix that is delivered to Federal customers pursuant to state and local laws or regulations.

The electricity supplier shall track each MWh of delivered CFE in the supplier’s grid mix using EACs and deliver or retire those EACs on behalf of the customer base, including the Federal customer. Accordingly:

● EACs to track supplier-attested CFE may be sourced from the agency’s pro rata share of: the sum of: (i) CFE delivered from the competitive supplier’s requirement to meet a renewable portfolio standard or clean energy standard, and (ii) any electric utility distribution provider’s non-bypassable charges for CFE ( e.g. , a state program supporting existing nuclear power). “Non-bypassable” refers to a tariff charge that may not be avoided by the tariff customer.

● To calculate the supplier-attested CFE percentage, the electricity supplier should sum the EACs described above and then divide by the total electricity consumed by the Federal customer from the supplier on this contract.

CFE Attestation Report: No later than October 31st of each contract year, the Contractor shall complete and submit the Annual CFE Attestation Report (Attachments 12 through 16), which shall affirm delivery of CFE EACs required by this Contract, to both the Contracting Officer (CO) and Contract Specialist (CS) at the email addresses specified in Section A.15. While the annual report is due to GSA no later than October 31 st each year;

if needed, the Contractor may update the report no later than December 1 st 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.

Grid-Supplied CFE Attestation Report: No later than October 31st of each contract year, the Contractor shall complete and submit the Grid Supplied CFE Attestation Report (Attachments 17 through 19), which shall affirm delivery of grid-supplied CFE required by this Contract, to both the Contracting Officer (CO) and Contract Specialist (CS) at the email addresses specified in Section A.15. While the annual report is due to GSA no later than October 31 st each year; if needed, the Contractor may update the report no later than December 1 st 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.

CFE attested to by electricity suppliers in their grid-supplied CFE calculation must:

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

● Meet the definition of CFE in Section A.2;

● Include only CFE delivered to the balancing authority where the Federal facility on this contract consumes electricity;

● Ensure a verifiable claim to the CFE through EACs generated during the Government’s applicable fiscal year calendar (October 1 through September 30) for each year of the contract, or the six (6) months immediately preceding or the three (3) months immediately following that time period (e.g., April 1, 2023 through December 31, 2024 for fiscal year 2024).;

● Exclude an agency’s pro rata share of alternative compliance payments, regulatory multiplier credits and unspecified sources of generation (e.g., null power). “Null power” is electricity from which EACs have been separated and sold off, leaving the underlying power without specific attributes.

There is no generation placed in-service date requirement for grid-supplied CFE.

Environmental Attributes: The Contractor shall guarantee that the environmental attributes associated with the CFE shall not be sold, transferred, or retired on behalf of any party, other than the Government.

CFE Cost Breakdown: Upon contract award, the offeror must be able to provide a breakdown, showing what portion of their price (on a $/KWh basis) is attributable to the CFE requirements contained in Section A.11 of this Scope of Work.

For all pricing groups, the Government may be interested in a future bilateral modification(s) to require additional CFE. The Contractor must be willing to discuss such delivery.

A.12 RESERVED

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT

As indicated in Section A.1, this contract is for the full requirements of each account at the Delivery Point. The full requirements are expressed as estimates on Exhibit 1 of the solicitation. The Government does not estimate that its aggregate load will change in a significant manner throughout the term of this contract unless noted on Exhibit 1 . The Government considers an annual change in the aggregate kWh consumption of each pricing group in excess of twenty percent (20%) each contract year to be significant. The historical volumes are given in Exhibit 1 and these volumes will be used in determining annual changes. In the event of a significant change in contract load, the Government agrees, if requested by the Contractor, to negotiate in good faith with the Contractor to equitably adjust the contract price to account for the incremental costs, if any, associated with such load change beyond the twenty percent (20%) measurement threshold. Any proposed adjustments to contract pricing must compare the contract price with the market price at the time of usage deviation to arrive at an adjustment to contract pricing. The Government will notify the Contractor of any significant anticipated load changes as soon as it becomes aware of such anticipated changes.

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

A.14 ELECTRICITY REGULATORY CHANGES

(a) The contract price includes all applicable Federal, State, and local regulations including ISO/RTO charges expected to be in effect and applicable to this contract at the time of contract award. This includes all Price Components specified as “fixed” in Attachment 3 .

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

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

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

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

(d) Any increases or decreases in the contract price shall be accomplished by a bilateral contract modification. In the event that the Government and the Contractor cannot agree to an acceptable contract adjustment, the Government will unilaterally adjust the contract price via modification subject to the Disputes provisions of FAR 52.212-4(d) incorporated in the contract.

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

(e)(1) The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth has been increased, any costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the costs had been incurred after the increase in the ceiling price.

A.15 CONTRACT ADMINISTRATION

After award, this contract shall be administered by the GSA Clean Energy Division. The CO and CS for the administration of this contract is:

Mark West, Contracting Officer Ky Nguyen-Zubroski, Contract Specialist Carbon Pollution-Free Electricity/ Carbon Pollution-Free Electricity/ Clean Energy Division Clean Energy Division 1800 F Street, NW, Washington, D.C. 20405 1800 F Street, NW, Washington, D.C. 20405 202-710-4642 cell, 202-501-0465 office 682-216-5334 cell, 817-850-8479 office Mark2.West@gsa.gov Ky.Nguyen@gsa.gov mailto:Mark2.West@gsa.gov

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

A.16 AUCTION PROCESS FOR PRICING USING ENEL X

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

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

A.17 ENEL X FEE

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

A.18 DAMAGES FOR MISSING CONTRACT START DATE

In the event that the start date for electric supply is missed due solely to the fault of the Contractor and an account(s) is required to switch to the Non-volunteer Provider of Last Resort, then the Contractor shall be liable for the difference, if any, between the contract rate and the rates billed by the Non-volunteer Provider of Last Resort. Subject to the approval of the Contracting Officer, the Contractor will issue an equivalent credit to the Government on a future invoice. This credit must be issued within sixty (60) days of the date the Contractor begins serving the account.

RFP 47PA0724R0004 GENERAL SERVICES ADMINISTRATION

R7 - TEXAS - ERCOT FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0002 - March 11, 2024

SECTION B CONTRACT CLAUSES

In the event of any inconsistencies between non-mandatory FAR and GSAM clauses incorporated by reference herein or elsewhere and any clauses set forth in full text in this Contract, the full text clauses shall control.

B.1 CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/content/regulations (End of Clause)

The following FAR clauses are incorporated by reference:

FAR Clause Title IAW Date

52.203-17 Contractor Employee Whistleblower Rights FAR 3.906 Nov 2023 52.204-7 System for Award Management FAR 4.1105(a)(1) Oct 2018 52.204-13 System for Award Management Maintenance FAR 4.1105(b) Oct 2018

52.204-16 Commercial and Government Entity Code Reporting FAR 4.1804(a) Aug 2020

52.204-17 Ownership or Control of Offeror FAR 4.1804(b) Aug 2020

52.204-18 Commercial and Government Entity Code Maintenance FAR 4.1804(c) Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications FAR 4.1202(b) Dec 2014

52.204-22 Alternative Line Item Proposal FAR 4.1008 Jan 2017

52.204-28 Federal Acquisition Supply Chain Security Act Orders— Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts

FAR 4.2306(a) Dec 2023

52.216-21…