AMD0001 47PA0724R0005_0001.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)

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

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

Amendment 0001 hereby incorporates the following into Solicitation 47PA0724R0005: 1. Questions and Answers Part 1. GSA will issue additional amendments answering any remaining questions and any questions received by the question submission deadline. This amendment provides a portion of the answers to questions that have been received; 2.Extends the technical proposal due date from August 30, 2024 to September 20, 2024 and extends the price proposal due date from September 30, 2024 to October 28, 2024

[See Description of Modification Continuation Page]

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-24-0014

47PA0724R0005

1 74

8/14/2024

7/31/2024

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 Modification Continuation Page

.3. Provides a revised Solicitation and Exhibit 1. Changes to both are highlighted in yellow in the attachments to this mod. 4. Updates Attachment 11 to correct for a line that was cropped.

All other terms and conditions remain the same.

47PA0724R0005/0001

Questions and Answers Part 1 Solicitation 47PA0724R0005

PJM Carbon Pollution-Free Electricity (CFE)

Q1: How would credit work for sourcing from PPA developers?

A1: The Government will not endorse, sign letters of intent, or sign as an offtaker.

Securing financing is the responsibility of the retail supplier who submits a proposal in response to this solicitation opportunity.

Q2: Does GSA have any flexibility to award more than a on the ten-year term?

A2: No, the ten-year maximum term is set by statute at 40 U.S.C. § 501(b).

Q3: Will GSA provide utility load data for accounts included in the final solicitation?

A3: Yes, see Exhibit 1 for load data. Per section C, Letters of Authorizations (LOAs) have been posted to the Enel announcement site.

Q4: Has GSA considered purchasing transmission separately from supply?

A4: GSA is not purchasing transmission separately from supply for this procurement.

Q5: Is GSA looking for suppliers to identify the specific generation sources / facility names they are sourcing CFE from in their RFP response?

A5: No. The Contractor must identify specific generation sources/facility names as part of the annual reporting process, but not before. See Section A.18 of the solicitation for annual reporting requirements.

Q6: How will pricing groups be established, by utility, agency, load, etc...?

A6: GSA developed the six pricing groups based on the RFI responses, taking into account each individual agency’s needs, aggregation, and complexity of the overall procurement.

Q7: Will GSA provide a CFE percentage by year that suppliers must meet?

A7: The solicitation provides a fixed, rather than load-following, maximum quantity of required Bundled CFE in each pricing group. See Exhibit 1. Offerors are asked to provide milestones (See Exhibit 1) describing the amount of Bundled CFE they will provide for each utility service territory by a given date. The CO intends to incorporate the milestone schedule into the contract at award.

Q8: Do all sources of state accepted RPS generation qualify as Grid-Supplied CFE.

For example, Kentucky’s RPS includes black liquor generation as acceptable under RPS. Would that qualify, or would suppliers need to back that type of generation out of their grid supplied CFE reporting?

A8: Not all types of generation would qualify as Grid-Supplied CFE. Suppliers would need to take those generation sources that do not qualify out of their Grid-Supplied CFE reporting.

Q9: How will GSA evaluate risk in association with sourcing CFE from one or more PPA developers, managing those contracts, ongoing credit requirements for those contracts, etc.?

A9: GSA expects Offerors to manage these risks. The Offeror’s risk management approach should be detailed as part of its technical proposal where indicated in the solicitation.

Q10: Assuming partnerships will have to be created for development projects that have estimated CODs beyond December 2024, is there a latest acceptable estimated COD date?

A10: Offerors must meet the delivery requirements specified in the solicitation.

Q11: Will GSA be able to enter into Energy Service Agreements with Energy as a Service solution providers in this solicitation? Our ESAs are structured as PPAs and not EPSCs.

A11: GSA is not looking to enter into an Energy Service Agreement under this solicitation

Q12: Will there be specific projects and locations identified in the solicitation?

A12: Offerors are not required to identify specific projects in their response to this solicitation.

Q13: Definitions: Does the counterparty to a purchase of Bundled CFE need to be the Bidder or is it acceptable that a direct affiliate of the Bidder be the counterparty to a purchase of Bundled CFE?

A13: Direct affiliates may be used as counterparties to the purchase of the CFE on behalf of the Offeror, but GSA will only enter into a contract with the Offeror. Offerors must meet the delivery requirements specified in the solicitation.

Q14: Definitions:The definition of Bunded CFE includes “new capacity at an existing resource modified to increase output”. Can the GSA provide more detail about what would or would not qualify as “new capacity”? For example, would an asset repowered as of Oct 2021 qualify for Bunded CFE? Would the entire output of the asset qualify or only any additional capacity that was added as part of the repower?

A14: The footnote in the solicitation at page 8 has been replaced to state the following, “For facilities which have been modified to increase CFE output, only incremental new capacity (not increased output) placed in service on or after October 1, 2021 will qualify as CFE. Modifications to existing resources that increase output from equivalent or less capacity would not meet the CFE requirements.”

Q15: Definitions:Are there any commercial requirements that the Contractor must adhere to when procuring upstream Bundled CFE on the GSA’s behalf such as physical vs. financial delivery? Are there any restrictions as to the delivery/settlement point of the bundled CFE. For example, is Hub settlement acceptable?

A15: Offerors are required to meet the specifications of the solicitation.

Q16: Definitions:How and when does the GSA plan to qualify if upstream supply purchased by the Contractor on the GSA’s behalf is considered Bundled CFE?

Is there an attestation for this?

A16: It is the Contractor’s responsibility to comply with the terms of the solicitation. The annual reporting forms are found at attachments 6 through 10. See Section A.18 Annual Reporting Requirements

Q17: Section A.7: Is there any consideration for change in Bunded CFE price or the Milestone schedule between proposal due date which is 9/30 and contract award which is 12/24?

A17: No. Section A.8 applies only to Retail Electricity. Price proposals are currently due October 7, 2024.

Q18: Section A.9: This section states “Bundled CFE is a flat KWh amount and is not load following”. Can you please describe the desired contracting and billing structure for Bunded CFE? Would the individual Price Components listed in Attachment 11 be included in the Bunded CFE price?

A18: GSA is looking for a full requirements firm fixed price $ per kWh rate for the requested contract term with price treatment in accordance with the Price Component Confirmation Table (see Attachment 11). The firm fixed price is inclusive of the fixed kWh amount of bundled CFE offered as detailed in Exhibit 1 which will be billed via retail industry standard dual billing as outlined in Section A.11.

Q19: Section A.10: What happens if, despite reasonable and good faith efforts, the Contractor is unable to provide the full amount of Unbundled EACs for any time within months 6 through 18 of the contracted milestone date?

A19: The CO may pursue remedies in accordance with 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services, up to and including potential termination for cause.

Q20: Section A.10: Section A10 (3) says that if the contractor is unable to deliver Bundled CFE within 18 months of awarded milestones, the government may pursue termination for cause in accordance with 52.212-4. In reviewing this clause, the only reference to a termination calculation is for “Termination for Government’s Convenience”. Is there a different set of termination calculations that cover “Termination For Cause”?

A20: Termination for cause is addressed at FAR 52.212-4(m).

Q21: 552.216-77 Economic Price Adjustment: This section states that the economic price adjustment charge only applies to Retail Electricity. Should this also apply to Bundled CFE?

A22: No, the Economic Price Adjustment only applies to Retail Electricity.

Q23: Is any form of CFE/EACs (e.g. Bridge EACs) required to be provided ahead of the milestones that are articulated in the Technical Response (Exhibit 1).

A23: No, unless the Government decides to buy additional Unbundled EACs or Bridge EACs pursuant to Section A.15.

Q25: Is any form of CFE/EACs (e.g. Bridge EACs) to be provided in excess of the 35% max of Bundled CFE?

A25: No, unless the Government decides to buy additional Unbundled EACs or Bridge EACs pursuant to Section A.15.

Q26: Section G: contains a list of Exhibits and Attachments. The following attachments were not posted on the SAM.gov site: Attachments #2, #3, #5, #7, #8, #9, #10

A26: Attachments #2 and #3 are included in the attachment labeled “Attachment 1 - 3 Grid Supplied CFE Reports”. Attachments #5 is included in the attachment labeled “Attachment 4 - 5 24_7 CFE Attestation”. Attachments #7, #8, #9 and #10 are included in the attachment labeled, “Attachment 6 - 10 CFE Attestation Reports”.

Q27: Will indicative pricing be provided by vendors in the initial RFP response?

A27: No, Offerors that are deemed technically acceptable will be requested to submit pricing proposals at a later date.

Q28: How will pricing proposals be structured? What pricing components are fixed and what are variable?

A28: Please refer to Attachment 11 - Price Component Confirmation Table.

Q29: For Pricing Group #5 Tab, UGI and Penn Power are not listed as PA Utilities, however there are Penn Power and UGI accounts listed in the monthly data, do you want UGI and Penn Power accounts included in Pricing Group 5?

A29: The account list for Pricing Group #5 is based on the utility abbreviations. The accounts in the UGI pricing zone all fall under the WPP utility abbreviation and the accounts in the PENNELEC pricing zone are all under the Penlec utility abbreviation.

Both WPP and Penlec accounts are included in Pricing Group #5.

Q30: Can you please clarify the Duke Energy account number for the location at 50 Walnut St in Cincinnati, OH? The spreadsheet shows: 910118539581, however the account number should be 22 digits in length. It appears it was truncated just before the “Z”. i.e., the account number for 550 Main St is:

910118539581Z112828501.

A30: A note has been added to account 910118539581 Exhibit 1, “There are 2 meters for this account (910118539581Z112149464 and 910118539581Z109888257). Per the utility, the meters are bulked together for Tier Charges purposes.”

General Services Administration

Public Buildings Service

Office of Facilities Management

Request For Proposal

Electricity Contract

Solicitation PIID: 47PA0724R0005

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION A: STATEMENT OF REQUIREMENT

A.1 GENERAL

A.2 DEFINITIONS

A.3 CONTRACT TERM

A.4 NOMINATING AND BALANCING RESPONSIBILITIES

A.5 CREDIT FOR DEFAULT RETAIL ELECTRICITY

A.6 RISK OF LOSS

A.7 CHANGE IN RETAIL ELECTRICITY PRICE FROM PROPOSAL DUE DATE TO

CONTRACT AWARD

A.8 CHANGE IN PRICE OF RETAIL ELECTRICITY AFTER CONTRACT AWARD

A.9 BUNDLED CFE

A.10 DAMAGES FOR NOT PROVIDING CONTRACTED AMOUNT OF BUNDLED CFE.. 10

A.11 PAYMENT AND BILLING

A.12 ADDING AND DELETING ACCOUNTS TO THIS CONTRACT

A.13 GRID-SUPPLIED CFE

A.14 24/7 CFE IN THIS CONTRACT

A.15 BUYING UNBUNDLED OR BRIDGE EACS

A.16 SELLING BUNDLED EACS

A.17 ENVIRONMENTAL ATTRIBUTES

A.18 ANNUAL REPORTING REQUIREMENTS

A.19 ELECTRICITY LOAD CHANGES DURING THE TERM OF THE CONTRACT

A.20 ELECTRICITY REGULATORY CHANGES

A.21 CONTRACT ADMINISTRATION

A.22 ENEL X FEE

A.23 QUARTERLY MEETINGS TO DISCUSS CONTRACT AND AVAILABILITY OF CFE.. 16

SECTION B: CONTRACT CLAUSES AND PROVISIONS

B.1 FAR CLAUSES INCORPORATED BY REFERENCE

B.2 FAR CLAUSES INCORPORATED BY FULL TEXT

B.3 GSAM/R CLAUSES INCORPORATED BY REFERENCE

B.4 GSAM CLAUSES INCORPORATED BY FULL TEXT

B.5 FAR PROVISIONS INCORPORATED BY REFERENCE

B.6 FAR PROVISIONS INCORPORATED BY FULL TEXT

SECTION C INSTRUCTION TO OFFERORS

C.1 NOTICE OF GSA INFORM PROCESS

C.2 PROPOSAL DUE DATES

C.3 TECHNICAL PROPOSAL COMPONENTS

C.4 PRICE PROPOSAL

C.5 ORAL PRESENTATIONS

C.6 PAGE LIMITS

C.7 LARGE ATTACHMENTS

C.8 QUESTIONS AND ANSWERS

C.9 SUPPLIER CALL

C.10 QUALIFICATIONS, EXCLUSIONS, AND CONDITIONS

SECTION D: EVALUATION OF PROPOSALS

D.1 DETERMINATION OF RESPONSIBILITY

D.2 REQUIRED EVIDENCE OF TECHNICAL CAPABILITY

D.3 NON-PRICE FACTORS

D.4 PRICE EVALUATION

SECTION E: BASIS FOR AWARD

SECTION F: MISCELLANEOUS

SECTION G: LIST OF EXHIBITS AND ATTACHMENTS

NOTE: ALL QUESTIONS shall BE SUBMITTED IN WRITING VIA: ELECTRONIC MAIL TO:

BONNIE.BUETER@GSA.GOV

SECTION A: STATEMENT OF REQUIREMENT

A.1 GENERAL

The U.S. General Services Administration (GSA or Government) is requesting proposals for the supply of electricity delivered to the PJM Interconnection/Regional Transmission Operator (PJM/RTO), to include carbon pollution-free electricity (CFE) together with associated Energy Attribute Certificates (EACs), up to the Delivery Point(s) specified in this Solicitation, in order to meet the Federal environmental goal of achieving 100% CFE by 2030, including 50% 24/7 CFE as laid out in Section 203 of Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (December 8, 2021) and its associated White House Council on Environmental Quality Implementing Instructions. GSA anticipates a single or multiple firm-fixed price, ten (10) year contract award(s) resulting from this Solicitation.

The Contractor shall supply the full electricity requirements of the 182 accounts identified in Exhibit 1, comprising approximately 1,136,446,715 kWh of electricity annually, a portion of which must be Bundled CFE as defined below, for a term of approximately one-hundred twenty

(120) months. See Section A.3. GSA understands that Bundled CFE may not be available at contract award; therefore, Offerors are asked to provide milestones (See Exhibit 1) describing the amount of Bundled CFE they will provide for each utility service territory by a given date.

The CO intends to incorporate the milestone schedule into the contract at award.

All quantities required to be supplied to accounts included in this contract shall be considered Firm Requirements (“Firm Requirements” means electric supply that will not be interrupted except as permitted under this contract) for delivery by the Contractor to the Delivery Point(s) specified in this Solicitation. The Government has organized its requirements for this Solicitation into pricing groups, which are more fully described in Exhibit 1. The Contractor shall serve 100% of the load for each awarded pricing group. At no point shall the Contractor provide a combination of Retail Electricity and/or Bundled CFE at less than 100% of the actual load for each account. The Contractor shall be liable for all costs assessed to accounts 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 local electricity distribution utility (LDU) at the Delivery Point(s).

A.2 DEFINITIONS

24/7 Carbon Pollution-Free Electricity (24/7 CFE): means Carbon Pollution-Free Electricity procured to match actual electricity consumption on an hourly basis and is produced within the same Balancing Authority where the energy is consumed. (Sec. 603(a) of E.O. 14057)

Balancing Authority: For purposes of this Solicitation the Balancing Authority is the PJM Interconnection/Regional Transmission Operator (PJM/RTO).

Bridge EACs: are Unbundled EACs that may be purchased up to the contracted quantities of Bundled CFE during the period between execution of a contract for CFE generation and the date when the CFE generation is placed in service. Bridge EACs shall be generated from resources that produce CFE (defined below), however Bridge EACs may come from a CFE Generation Source that was placed in service prior to October 1, 2021, and/or that is delivered to a Balancing Authority other than PJM/RTO.

Carbon Pollution-Free Electricity (CFE): 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 (Sec. 603(d) of E.O. 14057).

Bundled CFE: (referred to as Purchased CFE in Sec. 4.2.4 of E.O. 14057 Implementing Instructions) electricity purchased produced from a qualifying CFE Generation Source with the associated EACs (i.e., the original associated energy attributes have not been separately sold, transferred, or retired). Bundled CFE differs from Retail Electricity, because it is not electricity purchased as part of default/standard electric service. In order to count as Bundled CFE, the CFE and associated EACs shall be sourced from CFE Generation Sources that meet the following conditions:

1. Produce CFE (defined above);

2. Were/are placed in service on or after October 1, 2021, either as a new resource (to include projects not yet developed) or as new capacity at an existing resource modified to increase output1; and

3. Deliver CFE to the PJM/RTO.

CFE Generation Source: resources that generate CFE as defined above. Proposed Bundled CFE from sources other than CFE Generation Sources do not qualify under this Solicitation and therefore will not be accepted.

Delivery Point(s): the PJM/RTO utility interconnect for the specific accounts identified in Exhibit 1.

Energy Attribute Certificates (EACs): instruments that convey information (attributes) about a unit of energy, including the resource used to create it, and the emissions associated with its production and use. Each type of EAC certifies that one (1) MWh of energy has been generated, and fed into the grid, from a particular source such as a solar or wind power plant.

For the purposes of this Solicitation, EACs, RECs, Tradable Renewable Certificates, Green Tags, or other equivalent instruments may fulfill the requirement to provide EACs, so long as the

1 Note that this in-service date requirement does not apply to Grid-Supplied CFE as defined by E. O.

14057. For facilities which have been modified to increase CFE output, only incremental new capacity (not increased output) placed in service on or after October 1, 2021 will qualify as CFE. Modifications to existing resources that increase output from equivalent or less capacity would not meet the CFE requirements.

required terms and conditions are met. (See Appendix A of E.O. 14057 Implementing Instructions).

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 (in contrast to Bundled CFE, in which the CFE and associated EAC are specified contractually). Grid-Supplied CFE calculations are based on a supplier-reported methodology explained in detail in Section A.13. (See Sec. 4.2.4 of E.O. 14057 Implementing Instructions)

Kilowatt Hour or kWh: 1,000-watt hours and represents one kilowatt of power expended for one hour of time.

Local Electric Distribution Utility (LDU): the local electric distribution owner and operator providing electric distribution and interconnection services to purchasers at the accounts receiving the electricity.

Market Index Rate: PJM real time (index) prices for the generator node. These are available on the PJM website: https://dataminer2.pjm.com/list

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

PJM Interconnection/Regional Transmission Operator (PJM/RTO): coordinates the movement of wholesale electricity in all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia.

Retail Electricity: electricity purchased as part of default/standard electric service or the residual electricity grid mix from a utility or electric service provider. This power includes electricity from the regional residual grid mix of resources which may include both CFE Generation Sources and Non-CFE Generation Sources.

Unbundled EACs: (referred to as Purchased EACs in Sec. 4.2.4 of E.O. 14057 Implementing Instructions) are EACs that are procured independently from the purchase of the electricity itself. Unbundled EACs shall be sourced from CFE Generation Sources that:

1. Produce CFE (as defined above);

2. Are/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

3. Deliver CFE to the PJM/RTO Balancing Authority.

Unbundled EACs shall be generated within six months prior to or three months after the net annual CFE compliance year, which runs on the fiscal year from October 1st through September 30th.

A.3 CONTRACT TERM

The Government has placed its requirements into six (6) pricing groups, as indicated in Exhibit

1. Accounts within a pricing group may have different first utility meter read dates; however, the term of the contract for each pricing group starts at the first utility meter read within the pricing group, as listed on Exhibit 1, and ends with the monthly billing cycle associated with the March 2035 meter read.

A.4 NOMINATING AND BALANCING RESPONSIBILITIES

It is the Contractor’s responsibility to conduct all required nominations on behalf of the accounts 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 nominating and balancing on behalf of the accounts specified in Exhibit 1.

A.5 CREDIT FOR DEFAULT RETAIL ELECTRICITY

If at any time, unless as a result of an excusable delay (see Federal Acquisition Regulation (FAR) 52.212-4(f)), an account covered by this contract accepts Retail Electricity from the LDU serving in its capacity as the utility supplier of last resort as a result of action or inaction by the Contractor, the Contractor shall be responsible for 1) payment of any additional costs incurred and 2) issuing any credit owed to the Government for any costs saved.

A.6 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.7 CHANGE IN RETAIL ELECTRICITY PRICE FROM PROPOSAL DUE DATE TO

CONTRACT AWARD

The Contractor’s prices provided in its proposal for Retail Electricity and Bundled CFE are binding; however, every Offeror’s price, for Retail Electricity only, will automatically be increased in accordance with market movement. Market movement is determined by the increase in New York Mercantile Exchange (NYMEX) settle prices at the end of the trading day when final pricing offers are due to NYMEX settle prices at the end of the previous trading day from the date of contract award (the date the award document is sent to awardee to sign). For example, if final pricing offers are due September 20th and the contract is sent to the awardee for signature on September 27th, then GSA will calculate the difference between NYMEX settle prices at the end of the trading day on September 20th to the prices at end of the trading day September 26th.

GSA will then apply that percentage increase to the final offer price for each pricing group. Any increase to rates as a result of this clause shall be reflected in the contract award document.

This clause only applies to an increase in market movement, not a decrease.

A.8 CHANGE IN PRICE OF RETAIL ELECTRICITY AFTER CONTRACT AWARD

Unless otherwise provided in this contract, at 60 months after contract award, the Contractor may submit a written request to the GSA Contracting Officer (CO) listed in Section A.21 to change the price of Retail Electricity. The written request must be submitted by the seventh (7th) business day of the 60th month and must identify the specific account(s) affected. If the Contractor fails to submit such a written request by the identified date, the Retail Electricity price established in the contract at award shall continue for the remainder of the contract term.

If the request is timely submitted, the GSA CO will compare NYMEX settle prices at the end of the trading day on the day of contract award to NYMEX settle prices at the end of the trading day on the last day of the month prior to the request being submitted. If the later settle price is at least 20% higher than the earlier settle price, the Contractor’s price for Retail Electricity for the identified account(s) will be increased by the percentage difference. This rate adjustment will be effective and fixed for the remainder of the contract term. Assessment of price movement will be based on the applicable PJM/RTO pricing zone(s) for the identified accounts’ pricing group(s). For the avoidance of doubt, this Section A.8 only applies to Retail Electricity and not to other types of electricity specified in the contract, including but not limited to Bundled CFE.

A.9 BUNDLED CFE

The Government only intends to acquire part of its total electrical load requirement for the accounts listed in Exhibit 1 with Bundled CFE. Exhibit 1 indicates the maximum amount of Bundled CFE the Government will purchase in each pricing group. Bundled CFE is a flat kWh amount and is not load following. In response to this Solicitation, for the pricing groups for which it wants to be considered for award, Offerors shall provide milestones in Exhibit 1 describing 1) the amount of Bundled CFE it can provide in which utility service territory and 2) the date upon which Bundled CFE delivery will begin (month/year). The CO intends to incorporate the milestone schedule into the contract at award. The Offeror’s milestones shall, at a minimum, provide for the maximum amounts of Bundled CFE indicated from Fiscal Year (FY) 2030 until the end of the contract. Offerors whose proposals do not meet this minimum requirement from FY 2030 onward will not be considered for award. Offerors whose proposals provide more CFE in the years FY 2025 - FY 2029 without exceeding the maximum requirement will be evaluated more favorably, as more fully described in Section D.

A.10 DAMAGES FOR NOT PROVIDING CONTRACTED AMOUNT OF BUNDLED CFE

Due to the requirements specified in Executive Order 14057, the Contractor agrees and recognizes that time is of the essence with regard to providing Bundled CFE in accordance with the milestones included in this contract. Furthermore, the Contractor agrees to take any and all reasonable, good faith efforts to provide the contracted amount of Bundled CFE according to the contracted milestone schedule. In the event the Contractor is unable to deliver the agreed upon amount of Bundled CFE, the Contractor shall immediately notify the GSA CO listed in Section A.21 in writing and explain why it is unable to provide the contracted amount of Bundled CFE, including its reasonable, good faith efforts taken to date. If, despite such failure, the CO finds that the Contractor has taken reasonable, good faith steps to provide the contracted amount of

Bundled CFE, then in addition to other remedies specified in this section or elsewhere in this contract, to the extent the Contractor fails to provide the contracted amount of Bundled CFE :

1. For up to the first six (6) consecutive monthly billing cycles beginning upon the contracted milestone start date for Bundled CFE delivery, the Contractor shall provide Retail Electricity at the contract rate and Bridge EACs, which together are equal to 100% the amount of contracted Bundled CFE not received for each such billing cycle.

2. After the first six (6) monthly billing cycles and up to the first 18 consecutive monthly billing cycles beginning upon the contracted milestone start date for Bundled CFE delivery, if, despite continued reasonable, good faith efforts, the Contractor is still not able to provide the contracted amount of Bundled CFE, then the Contractor shall provide Retail Electricity at the contract rate and EACs, which together are equal to 100% of the amount of contracted Bundled CFE not delivered, as follows:

a. For the seventh monthly billing cycle: EACs equal to 100% of the contracted Bundled CFE not delivered must be made up of: 10% Unbundled EACs that meet the definition in Section A.2 and 90% Bridge EACs.

b. For each successive month up to and including the 18th monthly billing cycle, the amount of Unbundled EACs shall increase by 10% each month and the amount of Bridge EACs shall decrease by 10% each month until the Contractor is providing Unbundled EACs equal to 100% the amount of contracted Bundled CFE not delivered. For example, for the eighth monthly billing cycle, the Contractor must provide 20% Unbundled EACs and 80% Bridge EACs.

c. EACs provided under this section shall be at no charge to the Government.

3. If the GSA CO finds that the Contractor did not take reasonable, good faith steps to provide the contracted amount of Bundled CFE or is not able to provide the contracted amount of Bundled CFE eighteen months after the contracted milestone start date for Bundled CFE delivery, then the CO may pursue remedies in accordance with 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services, up to and including potential termination for cause.

Nothing in this section relieves the Contractor of its responsibility for providing the full electricity demand for all accounts. In the event that replacement electricity is required under this section, such electricity shall be provided at the rates specified for Retail Electricity under this contract.

A.11 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 shall include the amount of kWhs measured at each meter and shall be consistent with the rules of the applicable Public Utility/Services Commission for each State 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 shall establish a unique supplier account number for each end-use Government account and provide the corresponding LDU account number on each monthly bill. The Contractor also expressly agrees and acknowledges they will be required to submit invoices in accordance with each end use agency’s billing requirements and systems which can include requirements for invoices to be submitted through online systems.

It shall be the Contractor’s responsibility to know and understand the specific details and requirements for monthly billing, reporting, and coordination with the LDU. Payment shall be in accordance with FAR 32.9 (Prompt Payment). If payment is to be made by electronic funds transfer, the provisions of FAR 32.11 (Electronic Funds Transfer), including the clause at FAR 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 LDU. 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 LDU.

Contractor’s invoices shall match the company name as specified in block 17a of the awarded Standard Form (SF) 1449, and payment information for the Contractor in relation to invoices rendered shall match the DUNS number, Tax Identification Number and Cage Code also specified in block 17a of the awarded SF1449.

A.12 ADDING AND DELETING ACCOUNTS TO THIS CONTRACT

Due to the long-term duration of this contract, the Contractor recognizes that the Government may need to delete accounts or to add accounts in the future that are not listed in Exhibit 1, whether part of the initial contract or as otherwise amended.

In the event that the Government seeks to add accounts, the Government will provide the Contractor with the account's estimated electricity requirement and the two (2) parties agree to

1) enter into good faith negotiations to determine prices for Retail Electricity and Bundled CFE;

and 2) to the extent an agreement is reached, execute a bilateral modification adding the line item on the SF30, Amendment of Solicitation/Modification of Award.

The Government may unilaterally remove any accounts at its discretion. If the Government removes any accounts listed in Exhibit 1, the Government shall provide the Contractor with a written notice forty-five (45) business days before any such removal. Contractor expressly agrees that Bundled CFE associated with removed accounts may be reallocated across remaining accounts at the rates specified in the contract, the details of which will be set forth in a bilateral modification. Contractor also expressly agrees that Retail Electricity associated with removed accounts may be reallocated to other or additional accounts at the rates specified in the contract, the details of which will be set forth in a bilateral modification.

If accounts are removed and Bundled CFE or Retail Electricity is not reallocated, the methodology provided in Section B.2, Tailored Addendum to FAR 52.212-4(l) shall be used to calculate early termination charges, if any. In the event that Bundled CFE or Retail Electricity is reallocated, no early termination charges will be assessed for that Bundled CFE or Retail Electricity.

A.13 GRID-SUPPLIED CFE

In order to assist the Government in calculating Grid-Supplied CFE, the Contractor shall complete and return the Supplier-Reported Grid-Supplied CFE reports (Attachments 1-3) annually. See Section A.18. This report will be used to record CFE in the supplier’s existing grid mix that is delivered to Federal customers pursuant to state and local laws or regulations. This Supplier-Reported Grid-Supplied CFE report will also be used to affirm that the Contractor is in compliance with all applicable Renewable Portfolio Standards. Upon request, but not more than quarterly, the Contractor shall be willing to meet with the GSA CO to discuss the estimated amount of Grid-Supplied CFE and how it is calculated.

A.14 24/7 CFE IN THIS CONTRACT

Section 203 of E.O. 14057 sets the goal that agencies match facility electrical energy use on an hourly basis to achieve 50% 24/7 CFE by 2030. During the term of the contract, if sufficient accounting and data management systems for tracking and reporting 24/7 CFE are available in the market, the Contractor shall use time-stamped EACs to track and report the amount of 24/7 CFE on an annual basis using Attachments 4 and 5. If sufficient accounting and data management systems for tracking and reporting 24/7 CFE become available and the market develops to a point that it is viable for the Contractor to deliver 24/7 CFE to the Government under the contract, the Contractor must be willing to discuss such delivery up to the amount of Bundled CFE, subject to bilateral contract modification.

A.15 BUYING UNBUNDLED OR BRIDGE EACS

The Government may request that the Contractor purchase additional Unbundled EACs or Bridge EACs throughout the term of the contract. The purchase of any additional Unbundled EACs or Bridge EACs will be at prevailing market rates negotiated via a bilateral modification.

The customer account shall be invoiced for the cost of the Unbundled EAC or Bridge EAC, which may include a reasonable transaction fee.

A.16 SELLING BUNDLED EACS

Prior to the Contractor retiring Bundled EACs on the Government’s behalf, the Government may request that the Contractor liquidate Bundled EACs. Prior to consummating any such sale, the Contractor shall obtain the CO’s written permission, which agreement shall be in the form of a bilateral modification. The customer account invoice for the following month shall be reduced by the value of the sale minus a reasonable transaction fee. In the event that the value of the sale minus a reasonable transaction fee exceeds the amount of the customer account invoice for the following month, the remaining value shall be subtracted from the customer account invoice for the succeeding month’s invoice.

A.17 ENVIRONMENTAL ATTRIBUTES

The Contractor expressly warrants and agrees that, unless otherwise agreed to by the Contracting Officer, EACs under this contract will not be sold, transferred, or retired on behalf of any party, other than the Government.

A.18 ANNUAL REPORTING REQUIREMENTS

The Contractor shall complete and submit the required Annual Reports (Attachments 1-10) no later than October 31st of each contract year. The Contractor may update the Annual Reports, if needed, no later than December 1st each year. In each Annual Report submitted by October 31st, the Contractor shall state whether the report is final or if it intends to submit an updated report.

A.19 ELECTRICITY 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(s). The full requirements are expressed as estimates on Exhibit 1 of this Solicitation. Except as provided for in Exhibit 1, the Government does not estimate that its aggregate annual electricity load will change in a significant manner (a “Significant Aggregate Annual Electricity Load Change”) throughout the term of this contract. For purposes of this section, a Significant Aggregate Annual Electricity Load Change means an annual change in the aggregate electricity load kWh consumption of all the accounts in a pricing group in excess of twenty-five percent (25%). For the avoidance of doubt, Significant Aggregate Annual Electricity Load Changes do not include load changes as a result of adding or deleting accounts under Section A.12. The estimated volumes for each pricing group are given in Exhibit 1, and these volumes will be used in determining annual changes. The Government will notify the Contractor of any anticipated Significant Aggregate Annual Electricity Load Change within a reasonable time after the Government becomes aware of any such change.

In the event of a Significant Aggregate Annual Electricity Load Change, the Contractor shall provide additional Retail Electricity to meet the increased load, but is not required to provide additional Bundled CFE unless otherwise agreed to with the CO. The Contractor may submit a request for equitable adjustment for any increased or decreased Retail Electricity costs associated with a Significant Aggregate Annual Electricity Load Change.

A.20 ELECTRICITY REGULATORY CHANGES

The contract prices shall include all applicable Federal, State, and local regulations including PJM/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 11, Price Component Confirmation Table.

After-Imposed Charges Due to a Change of Federal, State, or Local Regulation (“After-Imposed Charges”), means any new or modified Federal, State, and/or local regulation including PJM/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.

The contract prices shall be increased by the amount of any After-Imposed Charges, provided the Contractor warrants in writing that no amount for such After-Imposed Charges was included in the contract prices, as a contingency reserve, direct or indirect cost, or otherwise, and that the Contractor provides sufficient documentation to support the increase.

After-Relieved Charges Due to a Change of Federal, State, or Local Regulation (“After-Relieved Charges”), means any Federal, State, and/or local regulation including PJM/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.

The contract prices shall be decreased by the amount of any After-Relieved Charges.

Any increases or decreases in the contract prices due to After-Imposed Charges or After-Relieved Charges shall be accomplished by a bilateral contract modification.

The ceiling price for After-Imposed Charges is limited to 50% of the combined, load-weighted contract prices for Retail Electricity and Bundled CFE.

Absent express agreement with the CO raising the ceiling price for After-Imposed Charges, the Government will not be obligated to pay the Contractor any amount in excess of such ceiling price and the Contractor shall not be obligated to continue performance if to do so would exceed such ceiling price. If the ceiling price for After-Imposed Charges is increased, any otherwise allowable costs incurred by the Contractor in excess of the original ceiling price shall be allowable to the same extent as if the costs had been incurred after the increase.

A.21 CONTRACT ADMINISTRATION

The CO and Contract Specialist (CS) for the administration of all GSA accounts are:

Bonnie Bueter, Contracting Officer Brenna Lanphear, 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 202-227-1635 cell 214-707-6483 cell bonnie.bueter@gsa.gov brenna.lanphear@gsa.gov

A.22 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.