5. Amendment 0003_Solicitation FY25 Streamlined Electric Buy.pdf

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0003

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 7

A.6 PROTECTION OF CONTRACT INFORMATION 7

A.7 PAYMENT AND BILLING 7

A.8 EXTENSION PROVISIONS 8

A.9 RESERVED 9

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT 9

A.11 RESERVED 9

A.12 RENEWABLE POWER FOR FACILITIES IN THIS CONTRACT 10

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT 10

A.14 ELECTRICITY REGULATORY CHANGES 10

A.15 CONTRACT ADMINISTRATION 11

A.16 AUCTION PROCESS 11

A.17 ENERGY PROCUREMENT SUPPORT CONTRACTOR FEE 12

A.18 DAMAGES FOR MISSING CONTRACT START DATE 12

A.19 CONTRACT TERM 12

A.20 EXHIBIT I 12

SECTION B: TECHNICAL REQUIREMENTS FOR SPECIFIC MARKETS 14

SECTION C: CONTRACT CLAUSES 15

SECTION D: SUBMISSION REQUIREMENTS 47

D.1 EVIDENCE OF TECHNICAL ACCEPTABILITY 47

D.2 PRICE PROPOSAL 48

D.3 SUBMISSION OF PROPOSALS 50

D.4 ON-RAMPING 50

D.5 CONFIRMATION OF TECHNICAL ACCEPTABILITY 50

SECTION E: EVALUATION FACTORS FOR AWARD 51

E.1 EVALUATION 51

E.2 BASIS FOR AWARD 51

SECTION F: LIST OF ATTACHMENTS AND EXHIBITS 52

ATTACHMENT 1: OFFEROR’S PROPOSAL CHECKLIST

ATTACHMENT 2: CONTRACTOR INFORMATION

ATTACHMENT 3: PRICE COMPONENT CONFIRMATION TABLES

ATTACHMENT 4: SAMPLE FEDERAL CONTRACTOR VETERANS’ EMPLOYMENT REPORT

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

VETS-4212 FORM

ATTACHMENT 5: SUBCONTRACTING PLANS

ATTACHMENT 6: OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

ATTACHMENT 7: VERIFICATION FROM RENEWABLE POWER / RENEWABLE ENERGY

SUPPLIER

ATTACHMENT 8: RENEWABLE POWER / RENEWABLE ENERGY GENERATOR

REGISTRATION FORM

ATTACHMENT 9: RENEWABLE POWER / RENEWABLE ENERGY VERIFICATION

ATTACHMENT 10: RENEWABLE POWER / RENEWABLE ENERGY CERTIFICATE

NOTIFICATION

ATTACHMENT 11: RENEWABLE POWER / RENEWABLE ENERGY ELECTRICITY

CALCULATIONS

ATTACHMENT 12: PRE-PROPOSAL CALL SCHEDULE

ATTACHMENT 13: PRELIMINARY EXHIBIT 1

ATTACHMENT 14: TECHNICAL REQUIREMENTS SPECIFIC TO ELECTRIC RELIABILITY

COUNCIL OF TEXAS (ERCOT)

ATTACHMENT 15: TECHNICAL REQUIREMENTS SPECIFIC TO PJM (DISTRICT OF

COLUMBIA, DELAWARE, PENNSYLVANIA, NEW JERSEY, MARYLAND, OHIO ) RTO

ATTACHMENT 16: TECHNICAL REQUIREMENTS SPECIFIC TO ISO NEW ENGLAND (ISO-NE)

ATTACHMENT 17: TECHNICAL REQUIREMENTS SPECIFIC TO CALIFORNIA ISO (CAISO)

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

ELECTRONIC MAIL: Mark2.West@gsa.gov and Brenna.Lanphear@gsa.gov mailto:Mark2.West@gsa.gov

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0003

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 Points as specified in Attachment 13:

Preliminary Exhibit 1 of this solicitation. The Delivery Point for such electricity shall be the independent system operator (ISO)/utility interconnect for the specific facilities identified in Attachment 13:

Preliminary Exhibit 1 of this Solicitation. The Local Distribution Utility (LDU) or Transmission and Distribution Service Provider (TDSP) (hereafter referred to as “utility”) 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: Price Component Confirmation Tables of this solicitation. The Contractor shall supply the full requirements of such electricity for a term of up to sixty (60) months for the full monthly billing cycles. In the final Exhibit 1 files, the Government will place its requirements into pricing groups, as indicated in Attachment 13: Preliminary Exhibit 1. The service start date for all accounts shall begin with the first utility meter read date as specified by the utilities for the contract month specified in Attachment 13: Preliminary Exhibit 1. Multiple awards are contemplated for this solicitation. Contracts may be awarded at different times throughout the fiscal year as specified in Attachment 13: Preliminary Exhibit 1. Note the preliminary auction dates may be updated by GSA, notice will be provided to Offerors who are deemed technically acceptable by GSA for each auction.

All quantities required to be supplied to facilities included in this contract shall be considered firm requirements (“firm” means electric supply that shall 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 at the Delivery Point.

A.2 DEFINITIONS

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

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

Delivery Point: The Delivery Point for each account is specified in the final Exhibit 1 files.

Governing Applicable State Regulatory Entity: The board, agency, division, commission or other unit or subunit which has the general power to regulate and supervise the business of each public utility within its jurisdiction.

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

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0003

Local Distribution Utility (LDU): a company that distributes electricity to end users. This may also be referred to as the Transmission and Distribution Service Provider (TDSP).

Locational Marginal Price (LMP): is defined as the marginal price for energy at the location where the energy is delivered or received. For accounting purposes, LMP is expressed in dollars per megawatt-hour ($/MWh).

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

Non-volunteer Provider of Last Resort: is a retail electricity provider that is chosen to temporarily supply electricity to customers when their existing retail electricity provider goes out of business. The Public Utility Commission of Texas (PUCT) designates non-volunteer providers of last resort for different areas, depending on the customer's service territory and whether they are residential or commercial.

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. 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 the final Exhibit 1 files. The Contractor shall be fully familiar with the imbalance, transmission grid loss and line loss policies of both the utility 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 accept default supply service from the utility serving in its capacity as the utility supplier of last resort or is forced to switch to the a Non-volunteer Provider of Last Resort solely as a result of action/inaction by the Contractor, the Contractor shall be responsible for payment of any additional costs incurred.

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0003

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 shall 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 shall 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 agency to which supplies or services are provided pursuant to this contract shall be separately responsible for and liable to pay for any such supplies or services. For the avoidance of doubt, GSA shall be the responsible party for purposes of making payments for the accounts only where GSA is listed as the Agency in the final Exhibit 1 files.

The final Exhibit 1 will specify which accounts require dual billing and which require consolidated billing through the applicable utility.

For dual billed accounts, the Contractor shall submit a monthly invoice to the government agency for supplies and services rendered the previous month. The invoice should include the amount of kWhs measured at each meter and shall be consistent with the rules of the responsible state regulatory entity regarding issuance and format of bills. The Contractor shall use the utilities 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 utility account number on each monthly bill. The Contractor also expressly agrees and acknowledges they shall 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 utilities. Payment shall be in accordance with FAR 32.9 (Prompt Payment). If payment is to be made by electronic funds transfer, the provisions of FAR 32.11 (ELECTRONIC FUNDS TRANSFER), including the clause at 52.232-33 shall apply. The Contractor shall be responsible for any late charges and/or penalties associated with prompt payment requirements that may be required by internal procedures and/or controls of the utility. 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 utility.

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

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0003

For consolidated billing accounts, the Government shall pay the Contractor through monthly utility bills rendered by the applicable utility for each account included in this contract in accordance with the utilities billing procedures, which are fully regulated by applicable state regulatory authority. It shall be the Contractor’s responsibility to understand the specific details regarding the utilities requirements for consolidated billing.

A.8 EXTENSION PROVISIONS

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

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

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

The auction day settle prices and Government settle price extension requests by volume and at the time of extension request, will be load weighted with the applicable pricing zones’ monthly contract volumes included in the final Exhibit 1 for each pricing group. The Government will provide a copy of the ATC settle prices and monthly volumes for each pricing group in the fully executed contract.

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

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

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

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

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

A.9 RESERVED

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT

It is possible that additional accounts not included in the final Exhibit 1 files may be added to the resultant contract(s). In that event, the Government shall 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 shall be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award.

The Government may unilaterally remove any facilities at its discretion. If the Government removes any facilities listed in the final Exhibit 1 files, the Government shall provide the Contractor with a written notice 45 business days before any such removal. If accounts are removed, the methodology provided in each ISO/RTO in Attachments 14-17, Tailored Addendum To FAR 52.212-4(I) - 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 the final Exhibit 1 files at the time of contract award(s).

A.11 RESERVED

A.12 RENEWABLE POWER FOR FACILITIES IN THIS CONTRACT

Renewable Energy is not required in every market. The final Exhibit 1 files will indicate in which markets the Contractor is responsible for providing Renewable Energy and in what amounts. Contractors are required to review the final Exhibit 1 files and include Renewable Energy in their offer, if applicable.

Where applicable, the Contractor shall deliver RECs derived from Renewable Energy as defined above and are equal to the percentage of total usage required for all accounts included as indicated in the final Exhibit I files. The Renewable Energy requirement is load following and the number of RECs delivered will be based on actual usage for each account. The REC content requirements are in addition to any Renewable Energy required to comply with the State’s Renewable Portfolio Standards (RPS) requirements, if any, during the term of any resultant contract(s). The Renewable Energy that the Contractor provides must come from renewable resources that have been placed in service within ten

(10) years prior to the start of the Government’s fiscal year for each year of the contract. For the contract’s first year, resources will need to have been placed in service on or after October 1, 2015.

Annual Renewable Attestation Report: No later than October 31st of each contract year, the Contractor shall complete and submit the Annual Renewable Attestation Report (Attachments 7 through 11), which shall affirm delivery of Renewable Energy required by this Contract, to both the Contracting Officer (CO) and Contract Specialist (CS) at the email addresses specified in Section A.15. The annual reporting period shall be October 1 through September 30. 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 Energy Vintage: To qualify as an eligible REC under this contract, the Renewable Energy must be generated during the Government’s applicable fiscal year calendar which is October 1 through

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0003

September 30 for each year of the contract and the six (6) months immediately preceding that time period and the three (3) months immediately following that time period (e.g., April 1, 2024 through December 31, 2025 for fiscal year 2025).

Renewable Cost Breakdown: Upon contract award(s), the offeror shall be able to provide a breakdown, showing what portion of their price (on a $/KWh basis) is attributable to the renewable requirements.

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT

As indicated in Section A.1, this contract is for the full requirements of each account at the Delivery Points. The full requirements are expressed as estimates in the final Exhibit 1 files of the solicitation.

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

A.14 ELECTRICITY REGULATORY CHANGES

The contract price includes all applicable Federal, State, and local regulations including Independent System Operators/Regional Transmission Organizations (ISO/RTO) charges expected to be in effect and applicable to this contract at the time of contract award(s).

After-Imposed Charges Due to a Change of Federal, State, or Local Regulation, means any new or modified Federal, State, and/or local regulation including ISO/RTO charges on the transactions covered by this contract that result in new or increased charges that the Contractor is required to pay or bear as the result of legislative, judicial, regulatory or administrative action taking effect after the each contract award date. This includes all Price Components specified as “fixed” in Attachment 3: Price Component Confirmation Tables.

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

After-Relieved Charges Due to a Change of Federal, State, or Local Regulation, means any Federal, State, and/or local regulation including ISO/RTO charges on the transactions covered by this

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

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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 each contract award date.

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

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

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

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

A.15 CONTRACT ADMINISTRATION

After award, this contract shall be administered by the GSA Retail Utility Procurement Branch. The CO and CS for the administration of this contract is:

Mark West, Contracting Officer Brenna Lanphear, Contract Specialist Retail Utility Procurement Branch Retail Utility Services Division

Retail Utility Procurement Branch Retail Utility Services Division

1800 F Street, NW, Washington, D.C. 20405 1800 F Street, NW, Washington, D.C. 20405 202-710-4642 cell 214-707-6483 cell 202-501-0465 office 817-850-5549 office Mark2.West@gsa.gov Brenna.Lanphear@gsa.gov

A.16 AUCTION PROCESS

The Government shall use an internet-based transaction platform provided by the GSA Energy Procurement Support Contractor designated by GSA (currently Enel X, Inc.) to obtain pricing for this procurement. The Contractor shall submit pricing to GSA using the platform in accordance with the instructions in Section D and the GSA Energy Procurement Support Contractor designated by GSA (currently Enel X, Inc.) website. All prices submitted to the transaction platform shall be in accordance with the provisions of the solicitation. It shall be the responsibility of the offeror to understand both the rules and the mechanics of the transaction platform.

mailto:Mark2.West@gsa.gov

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

A.17 ENERGY PROCUREMENT SUPPORT CONTRACTOR FEE

The Contractor hereby agrees to pay a fee in the amount of $0.00070 per kWh for all usage billed under this contract. The Contractor shall pay the fee directly to the GSA Energy Procurement Support Contractor designated by GSA (currently Enel X, Inc.) in accordance with the agreement, if any, executed between the Contractor and the GSA Energy Procurement Support Contractor. If the Contractor does not have an existing fee agreement with the GSA Energy Procurement Support Contractor, they will be required to execute one no later than 90 days after each contract award date.

The Contractor expressly recognizes and understands that the Government is not responsible for paying the fee to the GSA Energy Procurement Support Contractor. To the extent a dispute occurs between the Contractor and the GSA Energy Procurement Support Contractor regarding the fee, any such dispute shall be handled in accordance with the agreement executed between the Contractor and the GSA Energy Procurement Support Contractor.

A.18 DAMAGES FOR MISSING CONTRACT START DATE

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

A.19 CONTRACT TERM

The Government will place its requirements into multiple pricing groups which will be listed in the final Exhibit 1 files. The initial term of this contract shall be for the number of full billing cycles specified in the final Exhibit 1 files for each pricing group. The service start and end dates shall be established by either the date specified in the auction schedule included in the final Exhibit 1 files or the next meter read date immediately following the date specified in the auction schedule pursuant to specific utility enrollment procedures. It will be the Contractor’s responsibility to ensure that the delivery start date complies with these terms and any penalties resulting from missing the required service start date(s) shall be borne by the Contractor.

A.20 EXHIBIT I

The final Exhibit 1 files will consist of an Excel spreadsheet that specifies the accounts included in each auction and provides aggregate estimated totals. The final Exhibit 1 files may be tailored for each auction via an amendment to this solicitation. The Government will make every effort to provide the final Exhibit 1 files at least thirty (30) calendar days prior to each auction. It is the Offeror’s responsibility to ensure it references the most current Exhibit 1 files. For each account, the following information is provided if available:

(a) Utility rate schedule;

(b) Utility account number;

(c) Agency/account holder;

(d) General Service Location;

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GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

(e) Utility;

(f) Monthly consumption (kWh);

(g) Registered monthly on-peak demand (KW) per utility tariff definition;

(h) Registered monthly maximum demand (KW) per utility tariff definition;

(i) Monthly on-peak KWH per utility tariff definition;

(j) Monthly interim KWH per utility tariff definition;

(k) Monthly off-peak KWH per utility tariff definition;

(l) Monthly billing days;

(m) Monthly load factor;

(n) Range of meter read dates throughout the year;

(o) Whether hourly interval data is provided for the account (information on separate spread sheets);

(p) The first and last monthly meter reads; and

(q) The amount of Renewables required for each account, if applicable.

An Attachment 13: Preliminary Exhibit 1 has been provided with this solicitation that includes information regarding the accounts GSA plans to solicit pricing for under this solicitation and projected auction dates. Note per this file, “Prior to any auctions taking place, GSA will be releasing updated Exhibit 1 files that include specific auction dates, EnelX RFP#s, auction end times for each RFP, the GSA Pricing Product requested, the term or terms requested for each pricing group and updated account information including monthly usage data, whether interval data is available for each account from the utility, capacity and transmission values (if applicable), etc.”

Final Exhibit 1 files will be provided before each auction event. As this solicitation includes 575 end-use utility accounts for forty-eight (48) agencies in thirteen (13) states and twenty-eight (28) utility service territories; GSA is currently working with its customers to confirm the final terms, pricing products and renewable requirements they want to solicit for their included accounts. Once that process is complete, GSA will start releasing final Exhibit 1 files prior to each auction date.

RFP 47PA0825R0002 GENERAL SERVICES ADMINISTRATION

GSA RETAIL UTILITY PROCUREMENT COMPETITIVE ELECTRICITY SUPPLY

AMENDMENT 0003

SECTION B: TECHNICAL REQUIREMENTS FOR SPECIFIC MARKETS

Offerors may request to be determined technically acceptable in multiple utility service territories.

Offerors may participate in auctions for those utility service territories where they have been determined technically acceptable. Offerors interested in being approved to participate in the utility service territories listed in this solicitation, shall not only comply with the technical requirements in Section B of this solicitation, but also with the technical requirements specific to the utilities found in Attachments 14 through 17. Offerors not interested in being approved for certain utilities are not required to meet the technical requirements specific to those utilities.

SECTION C: CONTRACT CLAUSES

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

C.1 CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/content/regulations

(End of Clause)

The following FAR clauses are incorporated by reference:

FAR Clause Title IAW Date

52.204-7 System for Award Management FAR 4.1105(a)(1) Nov 2024

52.204-13 System for Award Management Maintenance FAR 4.1105(b) Oct 2018

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

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

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

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

52.204-22 Alternative Line Item Proposal FAR 4.1008 Jan 2017

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

FAR 4.2306(a) Dec 2023

52.227-14 Rights in Data-General FAR 27.409 May 2014 http://www.acquisition.gov/content/regulations

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52.232-18 Availability of Funds FAR 32.706-1(a) Apr 1984

52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 32.009-2 Mar 2023

52.242-13 Bankruptcy FAR 42.903 Jul 1995

C.2 CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity https://www.sam.gov/

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name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such

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as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) Alternate I (DEC 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

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Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

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Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition. (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

Yes ☑ No □ DHS FASCSA Order

Yes ☑ No □ DoD FASCSA Order

Yes ☑ No □ DNI FASCSA Order

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

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(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause.