Amendment 0001 _RFP Solicitation 47PA0724R0007.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

Mark West, Contracting Officer

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

Amendment 0001 hereby incorporates into the Solicitation the following: 1. Questions and Answers received as of 3:00 PM EDT Wednesday July 17th, 2024; 2. Section A.1 General updates the proposed contract term from thirty-six (36) to forty-one

(41) full monthly billing cycles and Pricing Groups from “seven (7) to ten (10); 3. Section A.2 Definitions corrects the Balancing Authority from Midcontinent Independent System Operator (MISO) to New York Independent System Operator (NYISO); ...

[See Description of Amendment 0001 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-24-0013

47PA0724R0007

1 8

7/23/2024

6/28/2024

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 $

47PA0724R0007/0001

Description of Amendment 0001 Continuation Page

4. Section A.12 Renewable Power/Renewable Energy is updated from each Pricing Group to Pricing Groups two (2), four (4) and eight (8);

5. Section C.2 Price Proposal is updated in its entirety;

6. Amendment 0001 updated ATTACHMENT 3 PRICE COMPONENT CONFIRMATION TABLE; and

7. Amendment 0001 updated Solicitation 47PA0724R0007 Exhibit 1

47PA0724R0007 GSA FY24 NY Compe��ve Electricity Supply Ques�ons and Answers

Received as of 3:00 PM EDT Wednesday July 17 th , 2024.

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

AMENDMENT 0001 VERSION OF THE SOLICITATION.

Q1: Sec�on A.11 states: “ [Genera�on sources]..were placed in service on or a�er October 1, 2021, either as a new resource or as new capacity at an exis�ng resource modified to increase output.” We have a number of hydro facili�es that have been refurbished to restate lost output and, in rare cases, achieve incremental genera�on without actually increasing capacity. Can you please provide confirma�on that restatement of lost output due to refurbishments or incremental genera�on without a change in nameplate capacity is acceptable to meet this threshold requirement?

A1: Carbon Pollu�on-Free Energy, as defined in Sec�on A.11, may be generated from CFE genera�on sources that were placed as new capacity at an exis�ng resource modified to increase output a�er October 1, 2021. If a supplier intends to supply CFE from a resource “modified to increase output, the supplier should submit detailed informa�on on this resource, so the Government can verify that the resource meets this requirement. Note that no CFE is being required as part of the base contract.

Q2: Under Pass/Fail factor #5, will the GSA accept a Parent Guarantee from a rated en�ty as an acceptable form of collateral?

A2: GSA will require a full and complete response to all items listed in Sec�on C.1 from the Offeror who plans to serve the load and who’s informa�on matches what is submi�ed by the Offeror in A�achment 2. – Contractor Informa�on. This includes pass/fail factor #5. Offerors may addi�onally provide proof of a parental guarantee if they desire to include that informa�on in their response.

Q3: Sec�on A.7 states: “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 submi�ed through online systems.”

Please provide the specific invoicing requirements of each end use agency, for instance if invoices have to be uploaded into a government pla�orm.

A3: GSA is currently working to collect billing informa�on from all included agencies and intends to provide that informa�on to Offerors prior to the auc�on. If GSA is unable to provide this informa�on prior to the auc�on, we will coordinate with awardees post-award to assist in collec�ng this informa�on and coordina�ng points of contact. Note, the new contracts will not start un�l the June 2025 and November 2025 u�lity meter read dates.

Q4: Would GSA consider a product with capacity passed through and not fixed?

A4: No.

Q5: Please confirm if the GSA wishes to pass through the cost of Transmission Owner Transmission Solu�ons (TOTS) each month at the actual cost with no markup, similar to how it is listed for New York Gross Receipts Tax (GRT), and not as an "economic price adjustment."

A5: Per Sec�on B of the solicita�on 552.216-77 Economic Price Adjustment charges (and credits) for TOTS shall be passed through with no markup to the Government each billing period.

Q6: Please confirm if suppliers can combine TOTS and Public Policy Transmission (PPT) charges into one rate under the TOTS cost. Please note that this is how our internal systems are configured to handle these charges.

A6: Confirmed. See the updated A�achment 3 – Price Component Confirma�on Table in the Amendment 1 version of the solicita�on which allows for all Economic Price Adjustment items to be billed together as a single line item with a single combined rate. If requested by GSA at any point during the term of the awarded contract(s), awarded suppliers will be required to provide backup informa�on showing an individual breakout of costs for each of the Economic Price Adjustment items.

Q7: We see that capacity shall be included in the fixed price. Can suppliers adjust the fixed price offer based on annual updates to capacity tags/rate?

A7: No. All costs associated with capacity, including annual updates to capacity tags/rates, are to be fully fixed in bid prices for the full term of the contract(s) awarded.

Q8: 552.216-77 Economic Price Adjustment (c(1)): As it pertains to the New York Clean Energy Standards (CES) can the Government confirm the below:

a. The following are current CES cost obliga�ons and will be pass-through to the Government during the term awarded or any exercised op�on periods:

i. Renewable Energy Standard (TIER 1 RECs)

ii. Zero Emissions Credits (TIER 3 or ZECs)

b. The following are approved CES cost obliga�ons which have not begun and will be pass-through to the Government during the term awarded or any exercised op�on periods once they begin:

i. Renewable Energy Standard – NYC Deliverable (TIER 4 RECs)

ii. Offshore Wind Standard (OSWS or ORECs) A8: Confirmed.

Q9: A.2 Defini�ons, “Balancing Authority” references “Midcon�nent Independent System Operator (MISO)”. Can the Government confirm the reference should be made to the “New York Independent System Operator (NYISO)”?

A9: Confirmed. See Amendment 1, this reference has been updated.

Q10: The NY Public Service Commission has approved the NYISO to collect cost for numerous transmission projects and remit the costs to the transmission developers, u�lizing five different cost recovery types. The Government has specified two types of transmission project costs that can be passed through: 1) Public Policy Transmission (PPT) and 2) Transmission Owner

Transmission Solu�ons (TOTS). Can the Government confirm that all five Transmission recovery types can be passed through, with no markup, and should be treated as Economic Price Adjustment? NYISO current Transmission Project Cost Recovery Types:

a. Transmission Public Policy Transmission (PPT) Project Recovery Payment

b. Transmission TOTS Project Recovery Payment

c. Transmission Deliverability Highway Project Recovery Payment

d. Transmission Economic Planning Project Recovery Payment

e. Transmission Reliability Project Recovery Payment A10: Confirmed: Per the A�achment 3 – Price Component Confirma�on Table, all transmission related costs are to be treated as Economic Price Adjustment items other than NYPA Transmission Adjustment Charge (NTAC).

Q11: The NY LDCs will be star�ng work on 62 local transmission projects whose cost will be recovered via a NYISO charge to Load Serving En��es. The costs, New York Local Transmission Climate Leadership and Community Protec�on Act (“CLCPA”) Facili�es Costs (CFC), are not a current cost obliga�on, but may become one during the RFP awarded term. Can the Government confirm CFC Project Costs should not be included in a bidder’s pricing, as the cost are not known and should be treated as “Economic Price Adjustment” similar to PPT?

A11: Any future changes or implemented costs for future projects will be handled under Sec�on A.14 Electricity Regulatory Changes.

Q12: The NYISO collects costs for the New York Power Authority (NYPA) for maintaining the “backbone” transmission via a charge known as the NYPA Transmission Adjustment Charge (NTAC). NTAC cost have con�nued to rise significantly over the past few years, due to transmission investments by NYPA. Would the Government consider passing through NTAC charges? If not, will Contractors have the ability to seek price adjustments for annual increases in NTAC costs?

A12: A�achment 3 - Price Component Confirma�on Table requires NYPA Transmission Adjustment Charges (NTAC) to be fixed at currently known costs for the en�re contract. Any future changes or implemented costs for future projects will be handled under Sec�on A.14 Electricity Regulatory Changes.

Q13: A.8 REQUESTS FOR EXTENSION states: “The Government may request extension of performance, one or more �mes, in accordance with the exis�ng contract terms and condi�ons” and lays out a methodology for calcula�ng an extension price. Can the government confirm that any extensions would need to be mutually agreed to by the Contractor and the Government and cannot be executed solely at the Governments discre�on?

A13: Confirmed. Per sec�on A.8 the Extension Provision is bilateral and the Contractor reserves the right to decline to extend the term of the contract.

Q14: Will the Government allow the Contractor to adjust prices for changes in ICAP tags under A.14 Electricity Regulatory Changes?

A14: No. See answer #7.

Q15: Do any of the accounts to be served have exis�ng or planned behind the meter genera�on including but not limited to cogenera�on, solar, wind, fuel cell, etc.?

If yes, please provide as many details as possible including: Installa�on date, Fuel Type, Historic Output.

A15: The included agencies have confirmed there is no exis�ng or currently planned behind the meter genera�on at any of the included facili�es / accounts.

Q16: Sec�on B, Tailored Addendum To FAR 52.212-4 Contract Terms and Condi�ons (k) Taxes states: “(1) The contract price includes all applicable Federal, State, and local taxes and du�es.

Can the Government confirm they are exempt from state Sales and Use tax and these taxes should not be included in the contract prices?

A16: With the excep�on of New York Gross Receipts Tax (GRT) any sales and use taxes are not to be included in the contract price as the included Federal agencies may be exempt per sec�on C.2 (3). Upon award each agency can provide the necessary documenta�on for tax exemp�on cer�fica�on.

Q17: Sec�on A.12 RENEWABLE POWER / RENEWABLE ENERGY states: “The Contractor shall deliver wind or solar RECs equal to eight (8.0%) of total usage required for all accounts included in each Pricing Group as specified in Sec�on C.2 and Exhibit 1”. Can the Government confirm that it does not require REC’s to be generated within NY state and the Contractor may use Na�onal Green – E cer�fied RECs to sa�sfy this requirement?

A17: Confirmed. See sec�on A.12 Renewable Power / Renewable Energy for renewable requirements and specifica�ons.

Q18: Pricing group 5 has a June 2025 contract start month and June 2028 contract end month however, account# N01000006783039 is included in pricing group 5 has a Bi-Monthly meter reading schedule that is only read in odd numbered months. Can the Government confirm if the start month and end months for this account should be May 2025/May 2028 or July 2025/July 2028?

A18: The awarded supplier should enroll the account with the closest available meter read to June 15 th whether that date is in May 2025 or July 2025 and, per the Amendment 1 version of the Exhibit 1, serve the account to the closest available meter read date that occurs in November 2028.

Q19: Acct#N01000020813275 in pricing group 5 is showing annual usage of 765,260 kWh in Exhibit 1 which appears to be in line with the accounts historical on peak usage, however the historical usage for the account over the last 12 months indicates the total annual usage should be closer to 2,000,000 kWh. Can the Government confirm if the usage provided in exhibit 1 is accurate for this account?

A19. Confirmed.

Q20: Acct#6809930008 in pricing group 1 is a 10 digit number however ConEd’s account numbers should include 11 digits. Can the Government confirm the correct account number for the 158-15 LIBERTY AVE ENT account is 06809930008?

A20: Confirmed. The Amendment 1 version of Exhibit 1 has been updated to show the correct account # with the leading zero.

Q21: Acct#86784850009 in pricing group 2 is not showing any meter readings since September 2023. Can the Government confirm:

a. Acct#86784850009 is s�ll an ac�ve account?

b. If Acct#86784850009 is no longer an ac�ve account, is there another account that should be included in its place?

A21: GSA has confirmed this account is no longer ac�ve. The Amendment 1 version of Exhibit 1 has been updated to delete this account from the procurement.

Q22: Acct#47463430000 in pricing group 2 is not showing any meter readings since December 2023. Can the Government confirm:

a. Acct#47463430000 is s�ll an ac�ve account?

b. If Acct#47463430000 is no longer an ac�ve account, is there another account that should be included in its place?

A21: GSA has confirmed this account is ac�ve.

Q23: In Sec�on A.14. Electricity Regulatory Changes (c)(1), request is made that contract price shall be decreased by the amount of any a�er-relieved charges due to a change of Federal State, or local regula�on. Can Contractor add to this to the extent it does not require the Government to provide no�ce of such decrease to Contractor, at which point Contractor will apply any material decrease to the extent it is realized by Contractor with respect to the Government’s accounts which are part of this Solicita�on and under the applicable contract with Contractor?

A23: Bid as shown. Per sec�on C.2(8) GSA will not accept any excep�ons to this Solicita�on which are inconsistent with the terms and requirements of this Solicita�on.

Q24: In Sec�on A.14. Electric Regulatory Changes (e) and (e)(1), request is made for the ceiling price for a�er-imposed regulatory costs is limited to 50% of the contract price. Can Contractor request this be removed? The Government bears the risk of any a�er imposed costs and we do not agree to a cap on increased costs resul�ng from a Change in Law or Regula�ons, including when a Change in Law was approved by has not been implemented and the costs of which are unknown at the �me the par�es execute the contract. The Contractor will no�fy the Government of any a�er-imposed Charges in accordance with sec�on A14.

A24: Bid as shown. Per sec�on C.2(8) GSA will not accept any excep�ons to this Solicita�on which are inconsistent with the terms and requirements of this Solicita�on.

Q25: Can Contractor request and add the following provisions?

a. Informa�on and Authoriza�on. GSA shall designate Contractor to the u�lity and/or ISO, as appropriate, as an authorized recipient of GSA’s current and historical energy billing and usage data. GSA authorizes Contractor to take such ac�ons it deems necessary to enroll the Account(s) with the u�lity and/or ISO as accounts to be served by Contractor and otherwise meet its obliga�ons under this contract. GSA shall take any ac�ons and execute any documents as Contractor shall reasonably request in this regard. Furthermore, GSA shall promptly no�fy

Contractor in wri�ng of any changes in any of the foregoing informa�on, including without limita�on (i) any change to the name associated with the account(s); and (iii) the replacement of an account number with a new number.

b. Indemnifica�on. To the extent allowed by law, at and a�er the point at which GSA takes delivery, GSA agrees to defend, indemnify and hold harmless Contractor and all its affiliates, and all of their respec�ve officers, directors, shareholders, associates, employees, agents, representa�ves, successors and assigns (collec�vely including Contractor referred to as the “Contractor Par�es”) from and against all claims, losses, expenses (including a�orneys’ fees and court costs), damages, demands, judgments, causes of ac�on or suits (collec�vely, “Claims”) of any kind, including but not limited to, Claims for personal injury, death, or property damage, arising out of or related to this contract.

c. Assignment. GSA may assign all (but not less than all) its rights and obliga�ons under this Contract in their en�rety or solely with respect to certain Accounts; provided (A) it gives Contractor 45 days wri�en no�ce of its intent to do so; (B) the assignee sa�sfies in full Contractor’s credit requirements; (C) the assignee assumes in wri�ng all of GSA’s obliga�ons under this contract; and (D) GSA con�nues to be liable for performance, including payment for goods and services received, prior to the assignment date.

d. Miscellaneous. If any por�on of this Contract is held legally invalid, the remainder will not be affected and will be valid and enforced to the fullest extent permi�ed by law and equity, and there will be deemed subs�tuted for the invalid provisions such provisions as will most nearly carry out our mutual intent as expressed in this Contract.

e. Miscellaneous (cont’d). This Contract contains the en�re Contract between both Par�es, supersedes any other Contracts, discussions or understandings (whether wri�en or oral) regarding the subject ma�er of this Contract, and may not be contradicted by any prior or contemporaneous oral or wri�en Contract.

f. Miscellaneous (cont’d). Contractor is an independent contractor under this Contract, and nothing in this Contract will be construed to cons�tute a joint venture, fiduciary rela�onship, partnership or other joint undertaking.

A25: Bid as shown. Per sec�on C.2(8) GSA will not accept any excep�ons to this Solicita�on which are inconsistent with the terms and requirements of this Solicita�on.

Q26: Can Contractor reserve the right to withdraw its price(s) at any �me prior to bid being awarded?

A26: Confirmed. While GSA strongly encourages the bid prices to be held un�l 1:30pm DST on August 21 st , 2024; offerors may withdraw their prices upon email no�fica�on to the contrac�ng officer up to no�ce of award via email to the offeror .

Q27: Is Contractor able to supplement or amend any of the ques�ons or clarifica�ons in this document? Contractor wishes to clarify that it reserves any such rights.

A27: The ques�on-and-answer period regarding the terms and condi�ons for this solicita�on expired on at 3PM DST on July 17 th , 2024. Addi�onal account-related ques�ons pertaining to Exhibit 1 may be asked un�l 3PM DST on Wednesday, August 14 th .

Q28: With respect to Sec�on A.12 Renewable Power for facili�es in this Contract, to properly iden�fy Contractor’s product offering, Can Contractor request the following terms should be included with regard to “RECs”?

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

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

c. 2.3. Public Statements. Any press release issued by either Party rela�ng to the subject ma�er hereof shall be subject to prior approval by the other Party. No materials disclosed to third par�es under this clause shall reference the specific terms of this transac�on without the prior wri�en approval of the non-disclosing Party. Customer is solely responsible for determining whether any marke�ng materials or other public claims made by Customer related to Customer’s purchase of electricity hereunder, including but not limited to Customer’s use, if any, of the Green-e Energy logo, comply with Green-e Energy requirements and any licensing agreement between Customer and Green-e Energy.

d. 2.4. Indemnifica�on. To the extent permi�ed by law, in addi�on to, and not in lieu of, any indemnifica�on provisions applicable to the Par�es, Customer agrees to the extent allowed by Law to defend, indemnify and hold harmless Seller from and against all claims arising out of or related to the manufacture, sale, distribu�on or any other dealing with the products or marke�ng/adver�sing materials of Customer related to this transac�on, the RECs, or Customer’s use of the Green-e Energy logo. This indemnifica�on does not apply to the extent a court of competent jurisdic�on makes a final determina�on that a Claim for which Seller seeks indemnifica�on was primarily caused by the willful fraud or deceit of Seller.

e. 2.5. Change in Cer�fica�on Standard. If the Green-E Energy cer�fica�on requirements are modified or repealed a�er execu�on hereof but prior to delivery of RECs hereunder, in such a way as to materially adversely affect the ability of a party to perform its obliga�ons hereunder or the benefits to be derived by a party hereunder (each such occurrence, a ''Change Event''), the par�es shall use commercially reasonable efforts to reform this transac�on in order to give effect to the original inten�on of the par�es. If the par�es are unable, despite such efforts, to reform this transac�on within thirty (30) days following such

Change Event, the ma�er shall be resolved in accordance with the dispute resolu�on provisions applicable to the par�es.

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

A28: Bid as shown. Per sec�on C.2(8) GSA will not accept any excep�ons to this Solicita�on which are inconsistent with the terms and requirements of this Solicita�on.

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0001 - July 23, 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 RENEWABLE POWER / RENEWABLE ENERGY 8

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

A.14 ELECTRICITY REGULATORY CHANGES 10

A.15 CONTRACT ADMINISTRATION 10

A.16 AUCTION PROCESS FOR PRICING USING ENEL X 11

A.17 ENEL X FEE 11

A.18 DAMAGES FOR MISSING CONTRACT START DATE 11

SECTION B CONTRACT CLAUSES 11

B.1 CLAUSES INCORPORATED BY REFERENCE 11

B.2 CLAUSES INCORPORATED BY FULL TEXT 12

B.3 GSAM/R PROVISIONS INCORPORATED BY REFERENCE 34

B.4 GSAM CLAUSES INCORPORATED BY FULL TEXT 34

SECTION C SUBMISSION REQUIREMENTS 40

C.1 EVIDENCE OF TECHNICAL ACCEPTABILITY 40

C.2 PRICE PROPOSAL 41

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

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0001 - July 23, 2024

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

SUPPLIER

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

9. ATTACHMENT 9: RENEWABLE POWER / RENEWABLE ENERGY VERIFICATION

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

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

12. ATTACHMENT 12: RESERVED

13. ATTACHMENT 13: RESERVED

14. ATTACHMENT 14: RESERVED

15. ATTACHMENT 15: RESERVED

16. ATTACHMENT 16: RESERVED

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

NOTE: ALL QUESTIONS MUST BE SUBMITTED VIA

ELECTRONIC MAIL TO 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.Bueter@gsa.gov

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0001 - July 23, 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 Local Distribution Utility (LDU) service territories within the state of New York. The Delivery Point for such electricity shall be the independent system operator (ISO)/utility interconnect for the specific facilities identified in Exhibit 1 of this solicitation. The LDU will then distribute the electricity to the Government’s individual meters. Pricing is to the Delivery Point and shall include all cost components specified in Attachment 3 of this solicitation. The Contractor shall supply the full requirements of such electricity for a term of up to forty-one (41) full monthly billing cycles for accounts included in this contract. The Contractor shall bill in accordance with Attachment 3 of this solicitation. The Government has placed its requirements into ten (10) Pricing Groups, as indicated in Exhibit 1 . The service start date for all accounts shall begin with the first utility meter read date as specified by the utility for the month listed in Exhibit 1 for each account.

All quantities required to be supplied to facilities included in this contract shall be considered firm requirements (“firm” means electric supply that will not be interrupted except as permitted under this contract) for delivery by the Contractor to the Delivery Point. The Contractor shall be liable for all costs assessed to facilities arising out of or relating to the non-delivery of firm requirements. The electricity provided under this contract shall conform to the tariff of the interstate/intrastate transmitting utility and the LDU at the Delivery Point. The Government has organized its requirements for this solicitation in Exhibit 1 , as described below.

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

A.2 DEFINITIONS

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

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 purposes of this solicitation, the Balancing Authority is the New York Independent System Operator (NYISO) .

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

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

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0001 - July 23, 2024

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

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.

For the purposes of this solicitation, Renewable Power shall have the same definition as Renewable Energy and are used interchangeably .

Renewable Energy: means marine energy (as defined in 42 U.S.C. 17211), or electric energy produced from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. Renewable Energy and biomass shall have the definitions as specified by the Energy Policy Act of 2005, currently codified at 42 U.S.C. 15852(b)(2).

A.3 NOMINATING AND BALANCING RESPONSIBILITIES

It is the Contractor’s responsibility to conduct all required nominations on behalf of the facilities specified in Exhibit 1 . The Contractor shall be fully familiar with the imbalance, transmission grid loss and line loss policies of both the LDU and the interstate/intrastate transmission companies. The Contractor shall be liable for all costs arising out of or relating to these items.

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE

If at any time, unless as a result of an Excusable Delay (see FAR 52.212-4(f)), an account covered by this contract is forced to switch to the LDU solely as a result of action/inaction by the Contractor, the Contractor shall be responsible for payment of any additional costs incurred.

A.5 RISK OF LOSS

Risk of loss of electricity supplied under this contract shall remain with the Contractor prior to the Delivery Point and shall pass to the Government at and after the Delivery Point specified for each facility.

A.6 PROTECTION OF CONTRACT INFORMATION

The Government will take the necessary and usual steps to maintain the confidentiality of information submitted by offerors prior to award of the contract. The Contractor is advised that the Government will make all contract prices publicly available for the full contract period.

A.7 PAYMENT AND BILLING

The Contractor expressly agrees and acknowledges that each Government facility to which supplies or services are provided pursuant to this contract will be separately responsible for and liable to pay for any such supplies or services. For the avoidance of doubt, GSA will be the responsible party for purposes of making payments for the accounts only where GSA is listed as the Agency on Exhibit 1 .

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0001 - July 23, 2024

The Contractor will submit a monthly invoice to the Government facility for supplies and services rendered the previous month. The invoice should include the amount of kWhs measured at each meter and must be consistent with the rules of the New York Public Service Commission (NYPSC) regarding issuance and format of bills. The Contractor shall use the LDU's meters, meter readings, and billing cycles for the computation of bills. The Contractor must establish a unique supplier account number for each end-use Government account and provide the corresponding LDU account number on each monthly bill. The Contractor also expressly agrees and acknowledges they will be required to submit invoices in accordance with each end use agency’s billing requirements and systems which can include requirements for invoices to be submitted through online systems.

It shall be the Contractor’s responsibility to know and understand the specific details and requirements for monthly billing, reporting, and coordination with the LDUs. Payment shall be in accordance with FAR 32.9 (Prompt Payment). If payment is to be made by electronic funds transfer, the provisions of FAR 32.11 (ELECTRONIC FUNDS TRANSFER), including the clause at 52.232-33 shall apply. Contractor invoices must match the company’s name and payment information for the Contractor in relation to invoices rendered must match the SAM.gov Unique Entity ID, Tax Identification Number and Cage Code specified in Attachment 2 .

A.8 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 settle prices for the previous trading day to the day the Government requests a contract extension.

For purposes of this solicitation, the comparison will be based on applicable pricing zones’ Around the Clock (ATC) settle prices and term awarded for each pricing group on the day of the auction and settle prices for the previous trading day to the day an extension price is requested by the Government for the same pricing group or groups. The applicable pricing zone for each included account will be included in the Exhibit 1 file.

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

The settle prices will be load weighted with the applicable pricing zones extension volumes provided by the Government for each pricing group at the time of extension request.

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

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

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0001 - July 23, 2024

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 the Tailored Addendum to 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

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

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

● Produce CFE (based on the above definition);

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

● Deliver CFE to the NYISO Balancing Authority.

A.12 RENEWABLE POWER / RENEWABLE ENERGY

The Contractor shall deliver wind or solar RECs equal to eight (8.0%) of total usage required for all accounts included in Pricing Groups t wo (2), four (4) and eight (8) as specified in Section C.2 and Exhibit 1. The Renewable Power requirement is load following and the number of RECs delivered will be based on actual usage for each account. The REC content requirements are in addition to any RenewablePower required to comply with the State of New York’s Renewable Energy Standards (RES) requirements, if any, during the term of any resultant contract(s). The Renewable Power that the Contractor provides must come from renewable resources that have been placed in service within 10 years prior to the start of the Government’s fiscal year for each year of the contract. For example, for the contract’s first year, resources will need to have been placed in service on or after October 1, 2014.

Annual Renewable Report https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/08/executive-order-on-catalyzing-clean-energy-industries-and-jobs-through-federal-sustainability/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/08/executive-order-on-catalyzing-clean-energy-industries-and-jobs-through-federal-sustainability/

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0001 - July 23, 2024

The Contractor shall provide an annual report. The annual reporting period shall be October 1 through September

30. The annual report shall contain the following elements:

(a) Verification of the product content for the annual reporting period that:

(1) Indicates the source of new Renewable Power, zip code of the source and the EGRID subregion for the new source; and

(b) Verification that:

(1) The Contractor has not sold the Renewable Power more than once (as either a Renewable Power product or as a REC product), and in the case of a reseller that purchases a wholesale product for retail sale, reasonable measures are taken to ensure that suppliers also do not sell Renewable Power more than once;

(2) All environmental attributes, including any attendant emission credits which are specifically owned by or to which the Renewable Power generator is otherwise entitled convey to the purchaser (i.e., Government);

(3) The Contractor has not sold any emission allowances/credits, or other environmental attributes which are specifically owned by or to which the Renewable Power generator is otherwise entitled to convey associated withRenewable Power; and

(4) The Renewable Power that is used to fulfill the requirements of this solicitation is also not being used to meet any federal, state, or local renewable energy requirement, renewable energy procurement, renewable portfolio standard, or other renewable energy mandate.

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

Renewable Power Vintage: To qualify as an eligible REC under this contract, the Renewable Power must 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, 2024 through December 31, 2025 for fiscal year 2025).

A.13 LOAD CHANGES DURING THE TERM OF…