47PA0826R0002 FY26 NGAP Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

RFP 47PA0826R0002 GENERAL SERVICES ADMINISTRATION

NGAP - FY26 FY26 COMPETITIVE NATURAL GAS SUPPLY

TABLE OF CONTENTS

SECTION A: SCOPE OF WORK 2

A.1 GENERAL 2

A.2 DELIVERY POINT 2

A.3 NOMINATING AND BALANCING RESPONSIBILITIES 3

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE 3

A.5 RISK OF LOSS 3

A.6 PROTECTION OF CONTRACT INFORMATION 3

A.7 PAYMENT AND BILLING 3

A.8 TERM 4

A.9 REQUESTS FOR EXTENSION 4

A.10 QUALITY AND MEASUREMENT 5

A.11 ADDING AND DELETING ACCOUNTS TO THIS CONTRACT 5

A.12 LINE LOSSES 5

A.13 SERVICE INTERRUPTION 6

A.14 LOAD CHANGES DURING THE TERM OF THE CONTRACT 6

A.15 NATURAL GAS REGULATORY CHANGES 6

A.16 CONTRACT ADMINISTRATION 7

A.17 AUCTION PROCESS FOR PRICING USING ENEL X 7

A.18 ENEL X FEE 7

A.19 DAMAGES FOR MISSING CONTRACT START DATE 8

A.20 MATERIAL CHANGE 8

A.21 PRICING PRODUCT DESCRIPTIONS 8

A.22 POST AWARD ENROLLMENT AND SUPPLIER ACCOUNT NUMBER CONFIRMATION REPORTING 11

SECTION B: FEDERAL ACQUISITION REGULATION (FAR) CLAUSES 13

SECTION C: SUBMISSION REQUIREMENTS 46

C.1 EVIDENCE OF TECHNICAL ACCEPTABILITY 46

C.2 PRICE PROPOSAL 48

C.3 SUBMISSION OF PROPOSALS 49

SECTION D: EVALUATION FACTORS FOR AWARD 51

D.1 EVALUATION 51

D.2 BASIS FOR AWARD 51

SECTION E: LIST OF ATTACHMENTS AND EXHIBITS 41

ATTACHMENT 1:TECHNICAL PROPOSAL CHECKLIST

ATTACHMENT 2: CONTRACTOR INFORMATION

ATTACHMENT 3: PRICE COMPONENT CONFIRMATION TABLE

ATTACHMENT 3: OFFEROR LDC BIDDER CONFIRMATION

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

ATTACHMENT 5: SUBCONTRACTING PLANS

ATTACHMENT 6: 52-212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

ATTACHMENT 7: PRELIMINARY EXHIBIT 1

ATTACHMENT 8: OFFEROR LDC BIDDER CONFIRMATION

NOTE: ALL QUESTIONS MUST BE SUBMITTED IN WRITING TO mark2.west@gsa.gov , brenna.lanphear@gsa.gov and romon.mccord@gsa.gov.

SECTION A: SCOPE OF WORK

A.1 GENERAL

The U.S. General Services Administration’s (GSA) Retail Utility Services Division is issuing this solicitation for the supply of natural gas for accounts located behind various utility service territories.

The accounts and their respective usage are expressed in the Exhibit 1 file. The Contractor shall supply the full natural gas requirements of the accounts for a term of up to sixty (60) full monthly billing cycles.

Multiple awards are contemplated for this solicitation. Each contract will be administered by the contracting officers, and account managers of GSA’s Natural Gas Acquisition Program (NGAP). The contracting officer responsible for contract administration will be identified in each contract awarded as a result of the solicitation.

GSA desires to secure the lowest price, technically acceptable solution for natural gas supply and gas transportation to the accounts utilizing the most direct pipeline into the included utility service territories (hereafter referred to as the LDCs). NGAP utilizes a transaction platform provided by Enel X to collect pricing through an internet based auction. The Government has organized its requirements for this solicitation in an Exhibit 1 excel spreadsheet. The service start date for all accounts shall begin with the first utility meter read date as specified by the applicable utility for the start month specified in the Exhibit 1 file. The monthly volumes provided in the Exhibit 1 file for each account are burnertip volumes and will be the contract volumes for any awarded contract(s). GSA will only be providing monthly data in the Exhibit 1 file and will not be providing daily or hourly volumes for any of the included accounts.

The terms and conditions of this agreement will govern both firm and interruptible (IT) accounts, as specified by the LDC rate class designations listed in the Exhibit 1 file.

Multiple awards are contemplated for this solicitation. Contractor(s) selected will be responsible for the following duties:

a) Supply of firm or interruptible natural gas supply for delivery to facility accounts including LDC, interstate and intrastate pipeline losses;

b) Manage, nominate and schedule transportation service to the LDC citygate and manage the gas to the burnertip for each account;

c) Communicate directly with the LDC to balance scheduled and actual receipt and delivery of each account’s gas pursuant to the LDC’s Transportation Service Agreement and this contract;

d) Coordinate its actions with the LDC and the GSA point of contact; and

e) Perform all other incidentals necessary to execute the duties set forth in subsections (a), (b), (c) and (d) above.

A.2 DELIVERY POINT

The “Natural Gas Delivery Point”, as specified in Exhibit 1, for such natural gas shall be that point on the distribution system at which the LDC takes possession and ownership of the natural gas supply (citygate) for final delivery to each account’s meter (i.e., burnertip).

mailto:mark2.west@gsa.gov mailto:brenna.lanphear@gsa.gov mailto:romon.mccord@gsa.gov

A.3 NOMINATING AND BALANCING RESPONSIBILITIES

It is the Contractor’s responsibility to conduct all required nominations on behalf of the accounts specified herein. The Contractor shall be fully familiar with the LDC and pipeline tariff provisions including operational and billing requirements such as imbalance policies, interstate/intrastate transmission losses of the LDC and other interstate/intrastate transmission companies. The Contractor shall include any costs or penalties associated with activities upstream of the Delivery Point in its price (e.g., charges for balancing, nominating, storage, pooling costs, upstream and capacity requirements, billing charges).

The Government will not be responsible for any penalties or other costs caused by the Contractor. Any utility assets including natural gas banks assigned to and paid for by the account(s) included in this contract for transport or supply will be used solely for the transport of natural gas purchased for the account(s) included in this contract.

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 LDC serving in its capacity as the utility supplier of last resort as a result of action/inaction by the Contractor, the Contractor shall be responsible for payment of additional costs, if any, incurred.

A.5 RISK OF LOSS

Risk of loss of natural gas 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.

A.6 PROTECTION OF CONTRACT INFORMATION

The Government will take the necessary and usual steps to maintain the confidentiality of information submitted by offerors. 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 and 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 in the Exhibit 1 file.

The Contractor will submit a monthly invoice to each Government facility for supplies and services rendered the previous month in accordance with the applicable LDC’s dual billing procedures. The Contractor shall base all invoicing on metered quantities at the customer meter and all bills must be in dth or mmbtu volumes. Pricing shall be to the burnertip for each account and Contractor billed volumes must match burnertip volumes at the meter. However, if actual usage is not available, the Contractor shall use the projected usage from Exhibit 1 and shall adjust all Exhibit 1 usage values to actual metered consumption levels no later than one (1) month after actual usage volumes are provided by the LDC. Contractors will be required to include any price components on the invoice other than the awarded price as itemized line items. 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. Contractors are also required to include the LDC name, full service address and LDC account number on each invoice rendered. Additionally, any past due or outstanding balances must be included on monthly invoices and any associated late payment or finance charges must be clearly identified. 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.

In addition to tendering original invoices to the authorized facility agency payment or finance office, it is also the Contractor's responsibility to ensure an electronic copy of each monthly billing invoice for each account is sent to gsa-ngap@gsa.gov within seven days of the original invoices being sent to the authorized agency payment or finance office. The invoices must not be password protected. It is the Contractor’s responsibility to submit an electronic copy to the email address listed above, and not the Government’s responsibility to pull invoices from the Contractor’s billing system or to use that system to direct invoices to the email address listed above.

For utilities that utilize gas cash out methodologies in relation to gas marketer supply pools, GSA requires that Contractors minimize the impact to end-use Federal accounts to the extent possible. Any volumes billed to end-use Federal accounts that are a result of utility gas pool cash outs must be clearly identified on the Contractor’s bills. These volumes and associated costs must be itemized and supported by appropriate documentation from the utility confirming the total dollar amount resulting from the utility required cash out.

If the Contractor is unable to allocate gas volumes that remain in their pool at the end of the contract term to other customers, the responsible Government agency or agencies for the account or accounts, as specified in Exhibit 1, will be responsible for paying for any gas volumes that remain in the supplier’s pool at the end of the contract term. Any costs owed by the Government associated with gas remaining in the Contractor's gas pools shall be supported by documentation which must be reviewed and approved by the Government prior to a final invoice being issued for the gas volumes.

It shall be the Contractor’s responsibility to understand the specific details regarding the LDC’s requirements for billing, reporting, and coordinating. 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’s invoices must match the company name as specified in Attachment 1: Offeror’s Technical Proposal Checklist and payment information on invoices rendered must match the SAM.gov Unique Entity ID, Tax Identification Number and Cage Code specified in Attachment 1: Offeror’s Technical Proposal Checklist.

Each customer agency utilizing this base utility supply contract vehicle may have unique fund obligation and account-level task order processes. Regardless of what is stated in these agency account-level task orders, the base IDV contract awards the estimated volumes to the supplier for the full term of the base contract, subject to the band range referenced in Section A.20 Material Change for accounts awarded under Pricing Product II. If an agency fails to renew or fund an account-level task order during the term of the base contract, it will be treated as an early termination pursuant to SECTION B:FAR CLAUSES FAR 52.212-4(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE.

A.8 TERM

The initial term of this contract shall be for the number of full billing cycles specified in the Exhibit 1 file 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 Exhibit 1 file or the next meter read date immediately following mailto:gsa-ngap@gsa.gov the date specified in the auction schedule pursuant to specific LDC 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.9 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 New York Mercantile Exchange (NYMEX) 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 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 monthly contract volumes included in the final Exhibit 1 for each pricing group. The Government will provide a copy of the NYMEX 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 settlement price and settlement prices for the previous day to the day an extension price is requested and applying that percentage difference to the Energy Commodity Costs line item in Attachment 3: Price Component Confirmation Table included in this original auction price under the awarded contract. All other Price Components that are listed as Treatment “Fixed” and Include in Offer Price “Yes” in Attachment 3: Price Component Confirmation Table will not be included in the calculation. Any Price Components listed as “No” under Include in Offer Price will also not be included in the calculation.

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

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

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

A.10 QUALITY AND MEASUREMENT

The Contractor is solely responsible for the quality of gas upstream of the citygate. Measurement, testing, heating value, delivery pressure, and quality of natural gas supply delivered shall be in accordance with the applicable interstate/intrastate pipeline specifications. Accounts shall not be obligated to purchase or pay for natural gas that either the LDC or the interstate pipeline has refused to accept due to non-conformance with its specifications. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals to supply and deliver direct supply natural gas to the LDC citygate(s).

The Contractor shall adhere at all times to applicable LDC tariff, agreements, rules and regulations.

A.11 ADDING AND DELETING ACCOUNTS TO THIS CONTRACT

It is possible that additional accounts not included in Exhibit 1 may be added to the resultant contract.

In that event, the Government will provide the Contractor with the facility’s natural gas 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 accounts 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 from the contract at its discretion. If accounts are removed, the methodology provided in FAR 52.212-4(l) Termination for the Government’s Convenience in Section B below 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.12 LINE LOSSES

The Exhibit 1 volumes are burnertip volumes. Pipeline and LDC Line losses are to be included in the pricing submitted, as Contractor billed volumes must match burnertip volumes at the meter. Line losses are not included as part of any usage variance provision. The Contractor is responsible for analyzing all account data available to ensure adequate burnertip volumes are delivered

A.13 SERVICE INTERRUPTION

The Contractor is to notify the GSA Contracting Officer, GSA account manager and facility account Point of Contact upon notification of an LDC-issued interruption, LDC-issued supply curtailment, or LDC- issued operation flow order occurring. This notification must be provided in writing via e-mail with the starting date and times of the restrictions. Contractors will need to follow the utilities’ direction on how to deliver gas to accounts during an LDC-issued interruption, supply curtailment or operational flow order.

The Contractor is to notify the GSA Contracting Officer, GSA account manager and facility account Point of Contact upon notification of a pipeline-issued interruption or pipeline issued supply curtailment occurring. This notification must be provided in writing via e-mail with the starting date and times of the restrictions. Contractors will need to follow the pipeline’s direction on how to deliver gas to accounts during a pipeline-issued interruption or supply curtailment.

Once the GSA Contracting Officer, GSA account manager and facility account Point of Contact have been notified by the Contractor; interruptible (IT) designated accounts, as specified in Exhibit 1, are required to curtail usage to the greatest extent possible during the period of time the restrictions are in place.

Any claimed costs owed by the Government associated with gas delivered during the time the LDC-issued interruption, LDC-issued supply curtailment, or LDC- issued operation flow is in place must be supported by proof of gas purchases during the event. All such costs must be itemized and supported by appropriate proofs of payment or settlement statements confirming the total dollar amount. Contractors shall provide the GSA Contracting Officer; GSA account manager and facility account Point of Contact all cost or credit related calculations and backup information within seven (7) days of the event ending.

If an Excusable Delay (see FAR 52.212-4(f)) occurs and penalty gas is delivered to an end-use facility, any resulting charges for penalty gas will be calculated based on the daily volumes delivered during the applicable period and daily pricing for the applicable pricing point. Any costs owed by the Government associated with penalty gas shall be supported by documentation from the Contractor. The Contractor shall provide all cost related calculations and backup information to the GSA Contracting Officer, GSA account manager and facility account Point of Contact within three (3) months of the event ending.

A.14 LOAD CHANGES DURING THE TERM OF THE CONTRACT

The Federal Government will not be penalized in any way for pursuing any projects that reduce natural gas load requirements except as expressly detailed under this contract.

A.15 NATURAL GAS REGULATORY CHANGES

(a) The contract price includes all applicable Federal, State, and local regulations expected to be in effect and applicable to this contract at the time of contract award.

(b)(1) After-imposed Charges. After-imposed charges are new or increased charges that the Contractor is required to pay or bear as the result of legislative, judicial, regulatory or administrative action (whether Federal, State, or local) taking effect after the contract award date.

(2) After-relieved Charges. After-relieved charges are charges 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 (whether Federal, State, or local) taking effect after the contract award date.

(c) The contract price shall be increased by the amount of any after-imposed charges, 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.

(d) The contract price shall be decreased by the amount of any after-relieved charges.

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

A.16 CONTRACT ADMINISTRATION

After award, this contract shall be administered by the General Services Administration’s Retail Utility Services Division (PM3AA).

The Contracting Officer (CO) and Contract Specialists (CS) for the administration of contracts awarded as a result of this solicitation are:

Contracting Officer Mark West Retail Utility Services Division U.S. General Services Administration, Public Buildings Service 1800 F Street, NW Washington, DC 20405

(202) 501-0465 mark2.west@gsa.gov

Contract Specialists Brenna Lanphear Retail Utility Services Division U.S. General Services Administration, Public Buildings Service 1800 F Street, NW Washington, DC 20405

(214) 707-6483 brenna.lanphear@gsa.gov

Romon McCord Retail Utility Services Division U.S. General Services Administration, Public Buildings Service 1800 F Street, NW Washington, DC 20405 470-421-6217 romon.mccord@gsa.gov

The Account Manager for the day-to-day administration will be identified in the award notification provided to each Contractor at the time of award.

A.17 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 C 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.

A.18 ENERGY PROCUREMENT SUPPORT CONTRACTOR FEE

The Contractor hereby agrees to pay a fee in the amount of $0.065 per dth 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 mailto:mark2.west@gsa.gov mailto:brenna.lanphear@gsa.gov mailto:romon.mccord@gsa.gov 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.19 DAMAGES FOR MISSING CONTRACT START DATE

The Contractor will be responsible for enrolling new accounts with the LDC and/or switching Government accounts from the current natural gas supplier (LDC or third-party supplier) to Contractor and fulfilling any obligations with the LDC to that end. The Government will make its best effort to ensure that all accounts included under this Solicitation and the resulting auctions are transportable.

However, it is the Contractor’s ultimate responsibility to verify that both new and existing accounts are transportable and will continue to be over the life of the term awarded. All costs associated with a Contractor not being able to service an account based on non-transportability issues will be borne by the Contractor and not the Government. Post-award, Contractors will be responsible for notifying the Contracting Officer of any discrepancies associated with the number of meters associated with each LDC account awarded to them.

A.20 MATERIAL CHANGE

The Contracting Officer will notify the Contractor if the Government anticipates an annual change of plus or minus 25% or more to the total published volumes in Exhibit 1 (a “Material Change”) for accounts awarded under Pricing Product II. The first annual change period will begin with the meter read start date for the contract and end with the meter read date the same month the following year.

The same methodology will apply to the annual change periods for subsequent contract years. For any contracts awarded with a term not equal to twelve, twenty-four, thirty-six, forty-eight or sixty months; the final annual change period will apply to the remaining months that total less than twelve. If a six-month contract is awarded, the annual change will apply to the six months the contract is active.

Volume increases or decreases caused by fluctuations in weather will not be included in the 25% calculation, only changes in the way each end-use facility operates. Equitable adjustments made under this section will only include natural gas quantities beyond the 25% tolerance and must be based on the aggregate annual volumes included in Exhibit 1 for each Pricing Group.

Any resulting costs owed by, or credits owed to the Government associated with liquidation of contracted natural gas positions by the Contractor for an account in the event of a Material Change will be determined in accordance with the calculations provided in the Termination for the Government’s Convenience clause FAR 52.212-4(l) in this contract. Notwithstanding the foregoing, regarding LDC costs, if the GSA Contracting Officer notifies the Contractor in writing within 15 days of a Material Change occurring, the Contractor will pay any costs imposed by the LDC including but not limited to charges, penalties, or fines. If the Contracting Officer fails to notify the Contractor of a Material Change, the Government will be responsible for such reasonable LDC costs.

Any costs owed by, or credits owed to the Government associated with liquidation of contracted natural gas positions by the Contractor for an account in the event of a Material Change shall be supported by proof of gas sales resulting from the liquidation. All such costs shall be itemized and supported by appropriate proofs of payment or settlement statements confirming the total dollar amount resulting from the liquidation. Contractors shall provide all cost or credit related calculations and backup information within three (3) months of the Contractor first being notified of a Material Change.

A.21 PRICING PRODUCT DESCRIPTIONS

Pricing Product I

During each month of delivery for the term of the contract, the Government may over or under burn the published volumes as specified by month for each account listed in Exhibit 1. The Contractor is responsible for supplying the account’s full requirements under this pricing product. The awarded contract price shall apply to the Exhibit 1 monthly volumes and those quantities over or under burned monthly within an established allowable percentage volume variance. For example: if twenty five percent (25%) allowable variance of the published volumes listed in Exhibit 1 is selected then:

1. The price of gas burned in excess of 125% of published volumes shall be found by using the applicable monthly price index published as “Midpoint Averages” in the monthly S&P Global Gas Daily Report for the associated month, plus transportation if any (if citygate index price, no transportation will be added), fixed margin of $0.10 per decatherm (dth), and the procurement fee specified in Section A.18 Energy Procurement Support Contractor Fee.

2. The price of any gas below 75% of published volumes that was not burned shall be found by using the applicable monthly price index published as “Midpoint Averages” in S&P Global Gas Daily Report for the associated month (“index price”) and applied as follows:

a) If the index price is less than the fixed contract price, Contractor shall be entitled to compensation utilizing the following calculation: (fixed contract price - index price) * dth quantity below the applicable bandwidth.

b) If the index price is greater than the fixed contract price, customer shall receive credit utilizing the following calculation: (fixed contract price - index price) * one half the dth quantity below the applicable bandwidth.

NOTE: At the time the Contractor begins this calculation, the $0.05/dth fixed procurement fee which is included in the awarded contract price shall be subtracted from calculation of either compensation or credit referenced in 2.a) and 2.b) above.

In addition to the monthly invoice as specified in Section A.7 Payment and BIlling, Contractor shall submit to the account manager a spreadsheet listing the quantities of gas above or below the established allowable percentage volume variance, the applicable midpoint average index price, and as applicable, transportation cost, fixed $0.10 margin, and fixed procurement fee of $0.05. These quantities shall be listed on the monthly invoice as a separate line item with any associated comments.

Once the applicable pricing point has been chosen and documentation provided to the account manager, Contractors will not be allowed to switch for the remainder of the contract.

Pricing Product II The supply of natural gas to be provided to each account shall be for one hundred percent (100%) usage, full requirements, at a firm fixed price with no guaranteed usage/volumes to the Contractor and no usage restrictions to the Government. Pricing shall be to the burnertip for each account and Contractor billed volumes must match burnertip volumes at the meter. The Government shall be invoiced monthly on actual usage at the awarded contract price. During any month of delivery for the term of the contract, the Government may over or under burn the Exhibit 1 volumes as specified by month for each account listed in Exhibit 1. In both over burn and under burn scenarios, the Government shall be invoiced at the awarded contract price for actual usage.

Pricing Product III During each month of delivery for the term of the contract, the Government may over or under burn the published volumes as specified by month for each account listed in Exhibit 1. The Contractor is responsible for supplying the account’s full requirements under this pricing product. The awarded contract price shall apply to the Exhibit 1 monthly volumes only. Usage in excess of the monthly volumes (over burns) will be billed at market price plus a fixed fee for gas purchases. Usage below the monthly volumes (under burns) will be sold back into the market.

For all accounts where GSA requests Pricing Product III, GSA will provide the monthly contract volumes for the full contract term. Over burns will be priced at a set per dth fee plus a settle price based on a specified pricing point and will be billed to the customer. Under burns will be priced at a settle price based on a specified pricing point minus a specified per dth fee and be billed or credited to the customer depending on whether money is owed by or to the customer.

As GSA purchases gas for customers across the country with accounts in various LDCs, the specific pricing point (gas hub) and fees for over and under burns will be provided in the Exhibit 1 for each account where GSA requests pricing under this pricing product.

A22 POST AWARD ENROLLMENT AND SUPPLIER ACCOUNT NUMBER CONFIRMATION

REPORTING

The winning Contractor(s) will be required to provide a spreadsheet clearly identifying each utility account number being served as a result of the contract award, the utility meter read start date for each account. For all accounts that require dual billing, the Contractor also will provide the supplier account number that will be included on the Contractor’s bills for each account.This spreadsheet will be due no later than fifteen (15) calendar days prior to the start month for each account.

SECTION B: FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

B.1 CLAUSES INCORPORATED BY REFERENCE

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

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

(End of Clause)

The following FAR clauses are incorporated by reference:

FAR Clause Title IAW Date

52.204-7 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

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

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

(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 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 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 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);

https://www.sam.gov/ 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 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.

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…