Solicitation Amendment 47PA0826R0002_0001.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

INSTRUCTIONS (Back Page):

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

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

Item 3 (Effective date).

(1)

(2)

(3)

(4)

(5)

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

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

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

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

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

(a)

(b)

(c)

(d)

(e)

(f)

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

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

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

Item 12 (Accounting and Appropriation Data).

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

(2) Accounting classification Net decrease $

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

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

(i)

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

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

Item 14 (Description of Amendment/Modification).

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

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

(i) Total contract price increased by $

(ii) Total contract price decreased by $

(iii) Total contract price unchanged.

State reason for modification.

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

(g)

(h)

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

(i) A reference to the letter determination; and

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

(1)

(2)

(3)

(4)

(5)

(6)

STANDARD FORM 30 (REV. 11/2016) BACK

(1) Accounting classification Net increase $

Description of Modification Continuation Page

3) Updated Attachment 7 - Preliminary Exhibit 1 Amend 0001 4.) Updated solicitation - Changes are highlighted

All other terms and conditions remain the same.

47PA0826R0002/0001

Q&A 47PA0826R0002 FY26 Natural Gas Solicitation

1. Under the full-text version of FAR 52.212-5(b) in the RFP, there is a check mark next to “(33)

FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015)”. Please confirm this clause was not intended for inclusion as it has been eliminated per the FAR Overhaul and GSA Deviation RFO-2025-22?

A: Confirmed. Please note that the check mark next to “(33) FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015)” has been removed.

2. Under the full-text version of FAR 52.212-5(b) in the RFP, there is a check mark next to “(34)

FAR 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246)”. Please confirm this clause was not intended for inclusion as it has been eliminated per the FAR Overhaul and GSA Deviation RFO-2025-22 and EO 11246 was rescinded in January 2025?

A: Confirmed. Please note that the check mark next to (34) FAR 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246)” has been removed.

3. Under the full-text version of FAR 52.212-5(c) in the RFP, there is a check mark next to “(10)

FAR 52.247-10, Reporting Requirement for U.S.-Flag Carriers Training to Prevent Human Trafficking (Jan 2025)(49 U.S.C. 40118(g))”. Please confirm this clause was not intended for inclusion as per FAR 47.405(b) it is intended for solicitations and contracts with a U.S.-flag carrier for the transportation of air passengers and also is not applicable for contracts for commercial products like natural gas.

A: Confirmed. Please note that the check mark next to check mark next to “(10) FAR 52.247-10, Reporting Requirement for U.S.-Flag Carriers Training to Prevent Human Trafficking (Jan 2025)(49 U.S.C. 40118(g))” has been removed.

4. Under the full-text version of FAR 52.212-5(b) in the RFP on page 31, there is not a check mark next to “(21) 52.219-9, Small Business Subcontracting Plan (Jan 2025)(15 U.S.C.

637(d)(4))”. The supply of retail natural gas does not offer opportunities for participation from subcontractors under our contracts with customers. We obtain the gas via large-scale commodities trading and have no ability to track where specific units (molecules) of gas come from for purposes of servicing our customer contracts. Accordingly, we do not have the ability to include subcontractors in the supply of natural gas under this proposal, including small business subcontractors. Please confirm whether the Government will consider waiving the requirement for a small business subcontracting plan, per 52.219-9(c)(1) and 15 USC 637(d)(5)(A)(iv), because there are no subcontracting opportunities here. If not, please update 52.212-5 to confirm which version of 52.219-9 applies.

A: See check mark next to X (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation and ATTACHMENT 5: ADDENDUM - TIPS ON PREPARING A

SUBCONTRACTING PLAN.

5. Can you confirm the Enel X fee on this natural gas solicitation? We believe the amount that is listed in the SAM notice and what was stated on the live webinar last week are different.

A: Per Section A.18 of the solicitation, the Enel X fee is $0.065 per dth for all usage billed under this contract. GSA notes the original solicitation also includes references to a fee of $.05 per dth. See Amendment 0001 which updates all references to $.065 per dth.

6. Any account that requests product 1 or 2 we would ask for daily usage information for up to a year. Can you please show when final pricing comes out?

A: See Sections A.1 and C.2 (1) of the solicitation, “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.

7. Section A.12 Service Interruption: Paragraph 3 states that once notification of an LDC-issued interruption, LDC-issued supply curtailment, or LDC-issued operation flow order occurring has been made by Contractor to the GSA Contracting Officer, GSA Account Manager, and facility Point of Contact, that interruptible (IT) designated accounts are required to curtail usage to the greatest extent possible while restrictions are in place. If an LDC has issued only an operation flow order, which is allowing supplier gas to flow, but imposes penalties for imbalances between supplier deliveries and customer usage, will the GSA accounts reduce usage during this operation flow order? Does reduce usage mean a cap on a GSA account’s usage for that period/day)? Will the GSA account switch to an alternate fuel during an operation flow order? Ultimately, we need to understand what the process will be for a GSA account during an operation flow order that still allows for customers to use natural gas but is imposing penalties for daily imbalances. In this specific situation, will an account limit usage and/or switch off natural gas for that day?

A: If a supply curtailment or operation flow order is issued by the LDC, accounts within the LDC are required to comply with the LDC’s rules for the specific event. This may include, but is not limited, reducing usage and/or switching to a backup fuel service. As stated in the solicitation, accounts are required to curtail usage to the greatest extent possible during the period of time the restrictions are in place.

8. Section A.19 Material Change: This section anticipates that the Government will be notifying the Contractor of a material change for an account. What happens if the opposite is true, that the Contractor notes a substantial increase in baseload usage for an account that is independent of weather factors and notifies the Contracting Officer? Should this increase in baseload use exceed the 25% material change threshold, does the Contractor have to wait the full contract year for an equitable adjustment until the full annual year of usage is known for the Pricing Group? How are Equitable adjustments determined at that time? Is it based on the monthly amounts exceeding the 25% for that year, meaning Equitable Adjustments are based on monthly pricing? Or since it is done after the year, is it based on an average annual price?

A: Per Section A.20 Material Change of the solicitation, in either scenario listed the solicitation states, “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. Yes, per the language included in the solicitation the supplier will need to wait a full year as the variance calculation would be based on annual volumes.

Per the language included in the solicitation, any costs owed by or credits owed to the Government will be Material Change will be determined in accordance with the calculations provided in the Termination for Convenience clause FAR 52.212-4(l)

9. Please confirm that Balancing and Line Loss are included in the pricing submission

A: Confirmed. See the solicitation and Attachment 3: Price Component Confirmation Table.

10.Does GSA agree to CIL if we are including balancing?

A. See answer to question 9. Additionally, please define CIL, is this Change in Law? If yes, see Section A.15 Natural Gas Regulatory Changes.

11.Can the GSA confirm that if an account is on Pricing Product I, they do not qualify for the

Material Change clause in A.19 (page 7)?

A. Confirmed. See the language included in Section A.20 Material Change which specifically states this section only applies to accounts awarded under Pricing Product II.

12.Can the GSA expand upon what is considered a “proof of gas purchases” and “proofs of payment or settlement statements” for section A.12?

A: Examples of types of proof include citygate delivery confirmations, gas pool delivery confirmations and pipeline delivery confirmations.

13.A.13 Load Changes During the Term of the Contract- reduction of natural gas loads. If a company is awarded a 60-month contract and 15 months after, the government/customer has decided to put in solar panels instead of using natural gas, what would be the minimum notice time for the government/customer to tell the awarded company? I.e. If the awarded company secure a supply strip for the awarded term and the government/customer decides to transition to solar during the awarded contract, what happens?

A. The Government will make its best effort to provide notice on a timely basis once the information is known to the Government. If the end-use account is not a GSA account, the specific timeline will be dependent on the end-use agency notifying GSA.

If the account was awarded under Pricing Product II (full requirements), see section A.20 Material Change. If the account was awarded under Pricing Product I (bandwidth) or Pricing Product III (contract volumes) the excess gas would be settled at market based on the language provided in Section A.20 Pricing Product Descriptions for those pricing products.

14.Can you please confirm if FOB GSA Central Heating plant is Interruptible account that gets a firm release?

A: Specific account information will be included in the Exhibit 1 files that are posted prior to each auction. If you have additional questions after reviewing the final Exhibit 1 files, submit any follow up questions to GSA at least five business days prior to the auction date(s).

15.Regarding Section A.9 Requests for Extension, can the GSA please confirm that any extensions in pricing will be mutually agreed upon?

A. Confirmed. See the language included in Section A.8 Request for Extension which states if the Contractor declines to extend, the contract will expire with the current performance period for the associated pricing group(s).

16.Please confirm if suppliers are able to submit account-related questions such as bill method and volume once Exhibit 1 is published.

A. Confirmed.Suppliers will be able to ask additional questions after the Exhibit 1 files are posted prior to each auction. Those questions will need to be submitted to GSA at least five business days prior to the auction date(s).

17.Can the GSA include whether accounts will be daily or monthly balanced when publishing Exhibit 1.

A. No. Suppliers will be required to coordinate with the LDCs to confirm this information prior to submitting a bid / being awarded a contract.

18.Please confirm if Terre Haute BOP is still served off Midwestern Gas Pipeline behind Centerpoint

A. See answer to question 14.

19.Please confirm if any of the People’s accounts are FST or SST

20.Please confirm whether Marion VA large account is Rate 260 or Rate 225

21.Proposal Stage Question: Please confirm whether Offerors are expected to make any additional representations or certifications related to Executive Order 14398 (March 26, 2026) as part of proposal submissions under this solicitation.

A. GSA is not requesting additional representations and certifications as part of the proposal submission.

22.Pre-Award Solicitation Changes Question: In light of Executive Order 14398 which directs agencies to implement mandatory contract clauses applicable to federal contracts and subcontracts, please confirm whether GSA anticipates issuing any related guidance, amendments, or changes to the terms of this solicitation prior to award to incorporate such clauses or related requirements.

A: Yes, clauses 52.222-90 and 52.244-6 have been added to the solicitation with

AM0001.

23.Pricing Product III -- Definition of Settle Price: For Pricing Product III, please define exactly what "settle price" means for over-burns and under-burns. Is it NYMEX settle, a Gas Daily index monthly average, a daily settlement tied to the burn date, or some other published value? If it is tied to a "specified pricing point," please confirm whether the settle methodology is daily, monthly, or otherwise averaged, and identify the specific publication or index that will serve as the price source.

A: TBD. Additional information will be provided on an account by account basis for all accounts that GSA requests Pricing Product III.

24.Pricing Product III -- Calculation Basis for Over-Burns and Under-Burns: Are over-burns and under-burns calculated strictly by individual account and by individual billing month, or may they be netted across all Pricing Product III accounts?

A: See the answer to Question 23.

25.Pricing Product III -- Government Flexibility and LDC Balancing Costs: Under Pricing Product III, may the Government use more or less gas than the monthly Exhibit 1 contract volumes without advance notice to or coordination with the Contractor, with any resulting variance to be addressed solely through the over-burn and under-burn pricing provisions? If advance notice, nomination, or coordination is required during normal service, please describe those requirements. Separately, please confirm whether any utility cash-outs, imbalance charges, operational flow order penalties, or other similar LDC or pipeline balancing charges are included within the over-burn and under-burn pricing formula for Pricing Product III. If they are not included, please explain how they will be allocated and billed under Pricing Product

III.

26.Pricing Product III -- Invoice Support Requirements: What invoice support must the Contractor provide each month for Pricing Product III over-burn and under-burn charges or credits?

27.Procurement Fee: Section A.18 appears to set the Energy Procurement Support Contractor fee at $0.065/dth, but the Pricing Product I language still refers to a $0.05/dth procurement fee. Please confirm whether these figures refer to the same Energy Procurement Support Contractor fee, and if so, which figure is the correct fee for this solicitation.

A. See the answer to Question 5.

28.Will it be the supplier’s sole responsibility to balance any facilities under Pricing Produce III as they see fit or will input on needs be provided during the month to assist in balancing?

29.Will GSA approve and pay CTC (Cost to Cover) for termination for convenience.

A. See FAR 52.212-4(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE. Per the solicitation, any costs owned by or credits owed to the Government will be in accordance with the calculations / methodology provided in this clause.

RFP 47PA0826R0002 GENERAL SERVICES ADMINISTRATION

NGAP - FY26 FY26 COMPETITIVE NATURAL GAS SUPPLY

AMENDMENT 0001

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

A.5 RISK OF LOSS 3

A.6 PROTECTION OF CONTRACT INFORMATION 3

A.7 PAYMENT AND BILLING 3

A.8 TERM 5

A.9 REQUESTS FOR EXTENSION 5

A.10 QUALITY AND MEASUREMENT 6

A.11 ADDING AND DELETING ACCOUNTS TO THIS CONTRACT 6

A.12 LINE LOSSES 6

A.13 SERVICE INTERRUPTION 6

A.14 LOAD CHANGES DURING THE TERM OF THE CONTRACT 7

A.15 NATURAL GAS REGULATORY CHANGES 7

A.16 CONTRACT ADMINISTRATION 7

A.17 AUCTION PROCESS 8

A.18 ENERGY PROCUREMENT SUPPORT CONTRACTOR FEE 8

A.19 DAMAGES FOR MISSING CONTRACT START DATE 9

A.20 MATERIAL CHANGE 9

A.21 PRICING PRODUCT DESCRIPTIONS 10

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

C.4 ON-RAMPING 50

C.5 CONFIRMATION OF TECHNICAL ACCEPTABILITY 50

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:OFFEROR’S TECHNICAL PROPOSAL CHECKLIST

ATTACHMENT 2: CONTRACTOR INFORMATION

ATTACHMENT 3: PRICE COMPONENT CONFIRMATION TABLE

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

ATTACHMENT 5: COMMERCIAL AND INDIVIDUAL MODEL 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 final Exhibit 1 files will specify which accounts require dual billing from the supplier and which require consolidated billing through the utility.

DUAL BILLED ACCOUNTS BY THE SUPPLIER

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.

mailto:gsa-ngap@gsa.gov

CONSOLIDATED BILLED ACCOUNTS THROUGH THE UTILITY

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

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.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.