697DCK-26-R-00210 RFO.pdf

U.S. Department of Transportation Federal Aviation Administration

Screening Information Request (SIR) Request for Offers (RFO) Cover Letter

Solicitation Package

Project Name: Delivery of Firm Load Following Electric Supply Service

Location: Atlantic City, NJ

Solicitation No.: 697DCK-26-R-00210

Issue Date: April 13, 2026

Submit Offers to: Tito.Stokes@faa.gov

Submit Offers by: Wednesday April 29, 2026 , 1:00 PM (Eastern Time)

Special Instructions:

1. This Acquisition is:

Conducted under the FAA Acquisition Management System (AMS) Conducted under Screening Information Request (SIR) Request for Offer (FRO) procedures

2. Set Aside: This procurement is unrestricted competition (full and open)

3. NAICS Code: 221122 Commercial and Institutional Building Construction, which has a small business size standard of 1100 employees

4. QUESTIONS AND CLARIFICATIONS

Any prospective Offeror with questions or desiring an explanation or interpretation of the solicitation must request them via e-mail to Tito.Stokes@faa.gov by 2:00 PM (ET) on April 20, 2026. Oral explanations or instructions given before the award of a contract will not be binding. Any information given to a prospective bidder concerning a solicitation will be furnished to all other prospective Offerors as an amendment to the solicitation if that information is necessary to submit offers or if the lack of it would be prejudicial to other prospective offers.

mailto:carolyn.r.myers@faa.gov

SOLICITATION, OFFER AND AWARD

3. SOLICITATION TYPE1. CONTRACT NO. 2. SOLICITATION NUMBER

6. ISSUED BY CODE 7. ADDRESS OFFER TO (If other than Item 6)

5. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

PAGE OF PAGES

1 51

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

9. FOR

INFORMATION

CALL

CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

10. TABLE OF CONTENTS

17. OFFER DATE16. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

14C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

13. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at

11. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or by other authorized official written notice.

27. AWARD DATE

(Signature of Contracting Officer)

26. CONTRACT AUTHORITY

24. PAYMENT WILL BE MADE BY

25. NAME OF CONTRACTING OFFICER (Type or print)

CODE 23. ADMINISTERED BY (If other than Item 6)

ITEM

(4 copies unless otherwise specified)

22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by CONTRACT AUTHORITY)

CODE

04/13/2026 X

AAQ0920ASW-AFN

FEDERAL AVIATION ADMINISTRATION

SOUTHWEST REGION

REAL ESTATE & UTILITIES GRP, AAQ-920

10101 HILLWOOD PARKWAY

FORT WORTH TX 76177-1524

1300 ET 04/29/2026

Tito L. Stokes 817 Tito.Stokes@faa.gov

222-4131

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PAGE(S)

Carolyn R. Myers

697DCK-26-R-00210

Section B - Supplies or Services/Prices Section B - Schedule

Clause List

Section B SCOPE

The Federal Aviation Administration (FAA) is requesting proposals for the delivery of firm load following electric supply services, including electric energy, ancillary services, ARR credits, PJM marginal losses, NJ Renewable Portfolio Standards, Transmission Enhancement Charge, FERC Order 745 charges, balancing congestion charges, RMR charges, and capacity and transmission services to the William J. Hughes Technical Center (WJHTC) located at the Atlantic City International Airport, Atlantic City, NJ 08401.

See Section “J”, Attachment 1 for Price Proposal Form.

NOTE TO OFFERORS: In order to be considered responsive to this SIR, the Offeror must agree to all the FAA clauses. Any Offeror that makes exceptions or wants to use their own contract clauses will be considered non-responsive and will not be considered for award.

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

C.1 General

The Federal Aviation Administration (FAA) is requesting proposals for the delivery of 100% firm load following electric supply services including electric energy, ancillary services, ARR Credits, PJM marginal losses, NJ Renewable Portfolio Standards, Transmission Enhancement Charges, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges, RMR Charges, Capacity and Transmission services to the William J.

Hughes Technical Center (WJHTC) located at the Atlantic City International Airport, Atlantic City, NJ 08401. The successful Offeror (Supplier) shall supply the full requirements of the electric supply services outlined herein for the full term of the contract.

The WJHTC receives electric distribution service from Atlantic City Electric Company (ACE) at 69 kV (Account No. 0550 0713 2560 7000 6857 56). The electric distribution service is provided under the terms and rates in ACE’s Transmission General Service (TGS) rate schedule excluding taxes.

C.2 Term

June 1, 2026 to May 31, 2027 (12 months)

C.3 Delivery Point

AECO Zone

C.4 Products

C.4.1 Electric Energy and Fixed Price Adder Charges

A. Option 1

1. Real Time Residual Metered Load Aggregate (RMLA) LMP at the AECO Zone

2. Real-Time Fixed Price Adder to include all PJM ancillary services, ARR Credits, PJM marginal losses, Renewable Portfolio Standards, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges and supplier fees.

B. Option 2

1. Day-Ahead Residual Metered Load Aggregate (RMLA) LMP at the AECO Zone

2. Day-Ahead Fixed Price Adder to include all PJM ancillary services, ARR Credits, PJM marginal losses, Renewable Portfolio Standards, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges and supplier fees.

C.4.2 Line Losses The Line losses shall be determined from the Offeror’s fixed Derated Line Loss Value submitted with offer.

C.4.3 Reliability Must Run Charge (RMR)

The RMR charge shall be directly passed through with no markup providing the supplier submits adequate backup documentation of the charges.

C.4.4 Capacity The Capacity Charges will be directly passed through with no markup. The daily Capacity Rate ($/KW-Day) will be equal to the PJM RPM Final Zonal Net Load Price (FZNLP) for the AE zone times the PJM Final Forecast Pool

Requirements (FFPR) times the Final Zonal RPM Scaling Factor (FZSF) for the AE zone times the PJM Daily Zonal Scaling Factor (DZSF) for the AE Zone. The expected PY26-27 Capacity Peak Load Contribution for the WJHTC is 8,948.79 kW.

C.4.5 Transmission The Transmission Charges shall be directly passed through at the FERC approved Network Integration Transmission Service Rate for the AECO transmission zone with no markup. The current Transmission Peak Load Contribution for the WJHTC is 9,732.36 kW.

C.4.6 Transmission Enhancement Charge (TEC) The Transmission Enhancement Charges (TEC) shall be directly passed through with no markup at the rates posted in the PJM Transmission Enhancement Worksheets for the AECO Zone. The TEC Net Monthly Rate ($/kW) is equal to the PJM TEC Total Monthly Charges ($/kW) minus the PJM TEC Total Monthly Network Customer Credits ($/kW).

C.5 Electric Supply Charges

A. Option 1 Total Charges

£ (Real-Time Hourly RMLA LMP*Hourly Metered data) +£ (Real-Time Hourly RMLA LMP*Hourly Metered data*Derated Line Loss Value) +Real-Time Fixed Price Adder* Monthly Metered Data + RMR Rate*Transmission Peak Load Contribution*No. of days in month +Capacity Peak Load Contribution*FZNLP*FFPR*FZSF*DZSF*No. days in month +Transmission Peak Load Contribution*Transmission Rate*No. of days in month +TEC Net Monthly Rate * Transmission Peak Load Contribution

B. Option 2 Total Charges

£ (Day-Ahead Hourly RMLA LMP*Hourly Metered data) + £ (Day-Ahead Hourly RMLA LMP*Hourly Metered data*Derated Line Loss Value) +Day-Ahead Fixed Price Adder* Monthly Metered Data +RMR Rate* Transmission Peak Load Contribution*No. of days in month +Capacity Peak Load Contribution*FZNLP*FFPR*FZSF*DZSF*No. days in month +Transmission Peak Load Contribution*Transmission Rate*No. of days in month +TEC Net Monthly Rate * Transmission Peak Load Contribution

NOTE: The Government is tax exempt. No taxes should be included in the charges.

C.6 Acronyms

ACE – Atlantic City Electric Company

AECO Zone – The Atlantic City Electric Company’s PJM designated Transmission Zone

ARR – PJM’s Auction Revenue Rights

DZSF – PJM’s Daily Zonal Scaling Factor FERC – Federal Energy Regulatory Commission

FFPR – PJM’s Final Forecast Pool Requirement

FZNLP – PJM’s RPM Final Zonal Net Load Price

FZSF – PJM’s Final Zonal RPM Scaling Factor

LMP - Locational Marginal Pricing. The LMP is the pricing method that PJM uses to price energy purchases and sales in the PJM market and to price transmission congestion costs to move energy within PJM

PJM - PJM is a regional transmission organization (RTO), an entity authorized by the federal government to manage the reliability of the electric transmission system and the operation of the wholesale electricity market in their defined control area that covers all or parts of Delaware, Indiana, Illinois, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia.

RMLA LMP – The AECO Residual Metered Load Aggregate LMP based on the final PJM “Monthly” File.

PnodeID: 116472927

RMR - Reliability Must Run

RPM – PJM’s Reliability Pricing Model

TEC – Transmission Enhancement Charges

TGS – Transmission General Service

WJHTC – The William J. Hughes Technical Center

C.7 Continuity of Service

It shall be the Contractor’s responsibility to coordinate with ACE as necessary to resolve issues related to ACE’s regulated services and to ensure the reliable provision of electricity to the facilities included in this contract.

Metering to be provided by ACE.

C.8 Delivery Point and Service Location

The Delivery Point for such electricity shall be that point on the electric system at which ACE takes possession of the electricity for final delivery of the electricity to the electric meter(s) serving the WJHTC (ACE Account No. 0550 0713 2560 7000 6857 56). This same Delivery Point shall be where the facility takes title to the electricity.

C.9 Credit for Default Service If at any time (unless under a condition of Force Majeure) an account covered by this contract is forced to accept default service from ACE through any act or failure to act by the Contractor in accordance with ACE’s rules and/or applicable agreements and laws serving in its capacity as the utility supplier of last resort, the Contractor shall be responsible for payment of any additional service costs incurred.

C.10 Protection of Contract The Government will take the necessary and usual steps to maintain the confidentiality of information submitted by Offerors prior to award of the contract. Offerors are advised that the Government will make all contract prices publicly available for the full contract period.

C.11 Acquisition Management System (AMS) The Federal Aviation Administration has its own acquisition system and is not bound by the Federal Acquisition Regulations (FAR). AMS clauses are contained within this document either in full-text incorporated by reference.

Those incorporated by reference have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or Offerors and contractors may obtain the full text via Internet at: http://fast.faa.gov.

C.12 Anti-Deficiency In accordance with the Anti-Deficiency Act (31 U.S.C. 1341(a) (1)), nothing contained herein shall be construed as binding the Government to expend, in any one fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year in furtherance of the subject matter of the contract or involve the Government in an obligation for the future expenditure of moneys before an appropriation is made.

http://fast.faa.gov/

Clause List

Section D - Packaging and Marking Clause List

Section E - Inspection and Acceptance Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.4-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1996)

Section F - Deliveries or Performance Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

Section G - Contract Administration Data Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)

(a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

(b) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

(End of Clause)

G.1 TITLE

G.1 Title

Title to electricity supplied by the Contractor under this contract shall pass from the Contractor to the Government upon delivery of said electricity to the Delivery Point. The Contractor warrants that the electricity delivered to the Government under this contract will be free and clear of all liens, claims and encumbrances arising prior to delivery to the Delivery Point.

G.2 Contract Terms and Conditions-Commercial Items

(a) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(b) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(c) Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 3.9.1-1 Contract Disputes (JAN 2020), which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(d) Force Majeure. The parties shall be responsible for performance under the Contract unless a condition of

Force Majeure is in effect. “Force Majeure” means an event, other than an inability to pay or a change in economic circumstances, which is not within the reasonable control of the party claiming Force Majeure, and which cannot be avoided by the exercise of reasonable diligence, including, but not limited to natural catastrophe, flood, explosion, fire, riots or civil disturbance, hostile forces, foreign powers, terrorist acts, sabotage, strikes or other labor difficulties, acts of a public enemy, transmission delay or failure, or failure or delay of third party suppliers. A Force Majeure or similar event suffered by an Independent Service Operator (“ISO”)(or an equivalent of an ISO), PJM or the EDC to the extent that such an event is not within the reasonable control of the part claiming Force Majeure, shall constitute a Force Majeure hereunder. Upon delivery to the other party of a reasonably specific notice of Force Majeure, the obligations of the notifying party shall be suspended to the extent affected by such Force Majeure. The cause of the Force Majeure will be remedied with all reasonable diligence.

(e) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(f) Payment. Payment shall be made for items accepted by the Government that have been delivered to the Delivery Point set forth in this contract. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and OMB prompt payment regulations at 5 CFR part 1315. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(g) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(h) Taxes. The Government is tax exempt.

(i) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience in accordance with contract clause 3.10.6-1 Termination for Convenience of the Government (Fixed Price) (OCT 1996).

(j) Limitation of liability. Contractor expressly disclaims any representation or warranty of merchantability or fitness for any particular purpose. Contractor shall not be directly or indirectly responsible for (a) the maintenance or operation of the electric lines and transmission and distribution systems; (b) any service interruptions, loss of service, or deterioration of electric services caused by ACE, the PJM Operator or ISO; and/or (c) any damage to WJHTC’s equipment or facilities, personal injuries, or any economic losses, resulting directly or indirectly from the Services (including the quality thereof). Contractor shall not be liable to WJHTC for any special, indirect, incidental, consequential or punitive damages of any character, including, but not limited to, lost profits, irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, strict liability or any other remedy at law or equity.

(k) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,

(l) executive orders, rules and regulations applicable to its performance under this contract.

(m) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(n) Regulatory Changes. In the event of a regulatory requirement, the Contractor may request changes or adjustments (without mark-up) (including without limitation, changes in the application or interpretation of existing requirements) in (a) ACE’s requirements or service furnished to the WJHTC; (b) capacity and/or transmission peak load contributions of the WJHTC; (c) ISO or PJM requirements; and/or (d) applicable laws, regulations, and orders.

(o) Emergency: Contacts. WJHTC must contact ACE in the case of outages, emergencies, and similar service matters, and may use the following toll-free emergency and/or other helpful telephone numbers to do so:

ACE: 1-800-642-3780 (Emergency Customer Service) New Jersey’s Board of Public Utilities Division of Customer Relations 1-800-624-0241

(p) Environmental Disclosure. Contractor’s Environmental Information Disclosure Label, as amended from time to time, must be found at the website. http://www.bpu.state.nj.us/wwwroot/energy/SelectEnergyLabel.pdf

(q) Non-Residential Sale. WJHTC represents and warrants to Contractor that it is not a residential customer for purposes of N.J.A.C. 14:4-7 “Retail Choice Consumer Protection”. WJHTC acknowledges that Contractor has relied on this representation to determine the inapplicability of certain consumer protection provisions applicable only to a residential customer under New Jersey law.

G.3 Payment and Dual Billing The Contractor shall submit properly executed monthly invoices in accordance with the State of New Jersey’s regulated billing procedures (N.J.A.C. 14:3-7). The bill shall detail all applicable charges and credits for electricity supplied. At a minimum, the bill shall include:

1. Contractor Name and Address

2. Billing Date

3. Billing Period

4. Hourly Metered Usage

5. Derated Line Loss Value

6. Hourly LMP Charges

7. Fixed Price Adder

8. Daily Zonal Scaling Factor

9. Reliability Must Run Charges

10. Capacity Charges

11. Transmission Charges

12. Transmission Enhancement Charges

13. Adjustments (if applicable)

14. Total Charges

If the Contractor’s standard formatted invoice does not include all the information required in this Section, the Contractor shall submit a separate backup document that includes the missing information including the Derated Line Loss Value, the Hourly Metered Usage and the Hourly LMP Charges.

The contractor shall submit an electronic copy of each monthly invoice to the following email addresses:

Thomas.Herzog@FAA.gov The contractor shall also submit one hard copy of each monthly invoice to the following address:

FAA AC Accounting Office

U.S. D.O.T./FAA AMZ-110

P.O. Box 25710 Oklahoma City, OK 73125

The Contractor shall receive payment for services provided directly from the FAA. Payment shall be made in accordance with Clause 3.3.1-17 Prompt Payment (JAN 2021).

G.4 Contractor Attestation Confirming Compliance With NJ RPS

The Contractor shall submit an Attestation confirming the purchase and retirement of Energy Attribute Certificates (EACs) and/or Renewable Energy Certificates (RECs) on behalf of the FAA’s William J Hughes Technical Center (WJHTC) in an amount necessary for compliance with the NJ Renewable Portfolio Standards as required by N.J.A.C. 14:8-2.3. The Attestation shall provide the number of Certificates purchased and retired per the requirements of http://www.bpu.state.nj.us/wwwroot/energy/SelectEnergyLabel.pdf mailto:Thomas.Herzog@faa.gov

N.J.A.C. 14:8-2.11 for Energy Year 2027 (June 1, 2026 – May 31, 2027).

It is acknowledged that the contactor does not purchase and retire EACs/RECs on a customer level basis for compliance but instead purchases and retires EACs/RECs on a portfolio level basis for compliance. The Attestation shall provide the number of EACs/RECs purchased and retired on behalf of the WJHTC based on the pro rata share of the WJHTC’s actual load served to the contractor’s total load served.

If the Contractor chooses to comply with the NJ Renewable Portfolio Standards by submitting one or more Alternative Compliance Payments (ACPs) and/or Solar Alternative Compliance Payments (SACPs), as defined by N.J.A.C. 14:8-2.10, the Attestation shall include confirmation of the number of ACPs and/or SACPs purchased on behalf of the WJHTC based on the WJHTC’s pro rata share.

The Attestation shall provide the number of EACs/RECs purchased and retired in each of the following subcategories.

Class I – Wind Class I – Other Class II Solar – SREC Solar – TREC Solar – SREC II ACPs - For Compliance with Class I and Class II Requirements SACPs - For Compliance with Solar Requirements The Attestation shall confirm that all of the energy from the generation sources of the purchased and retired EACs/ RECs, were generated within or delivered into the PJM Region.

See Section J, Attachment 3 for a sample Attestation Form. The contractor can submit their standard Attestation Form as long as it includes all of the information required in this Section.

The contractor shall submit the completed Attestation for Energy Year 2027 no later than December 1, 2027. The contractor shall submit an electronic copy of the Attestation to the following email addresses:

Thomas.Herzog@FAA.gov The contractor shall also submit one hard copy of the Attestation to the following address:

FAA AC Accounting Office

U.S. D.O.T./FAA AMZ-110

P.O. Box 25710 Oklahoma City, OK 73125 mailto:Thomas.Herzog@faa.gov

Section H - Special Contract Requirements Clause List

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section

5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:

Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

Section I - Contract Clauses Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)

3.1.8-1 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (APR 2024)

3.1.8-2 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (APR 2024)

3.2.2.3-33 ORDER OF PRECEDENCE (APR 2024)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (OCT 2015)

3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.5-1 OFFICIALS NOT TO BENEFIT (OCT 2024)

3.2.5-3 GRATUITIES OR GIFTS (OCT 2024)

3.2.5-4 CONTINGENT FEES (OCT 2024)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2024)

3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (OCT 2024)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)

3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2024)

3.3.1-1 PAYMENTS (JUL 2018)

3.3.1-8 EXTRAS (OCT 2024)

3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)

3.3.1-17 PROMPT PAYMENT (OCT 2024)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(OCT 2012)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD

MANAGEMENT (OCT 2024)

3.3.2-1 FAA COST PRINCIPLES (OCT 2019)

3.6.2-2 CONVICT LABOR (APR 2025)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)

3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (APR 2022)

3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 2025)

3.6.2-39 TRAFFICKING IN PERSONS (OCT 2024)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (APR 2025)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)

3.6.6-1 DRUG FREE WORKPLACE (APR 2023)

3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APR 2023)

3.6.6-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JUL 2023)

3.8.2-11 CONTINUITY OF SERVICES (OCT 2018)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-9 STOP-WORK ORDER (APR 2025)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996)

3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE I (APR 1996)

3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)

3.10.1-28 CHANGES REQUIRED BY AMS (JAN 2024)

3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT

1996)

3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (JAN 2020)

3.11-62 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (APR

2025)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2024)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.

(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

(iii) A special Government employee, as defined in section 202, title 18, United States Code.

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.

(8) "Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(9) "Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

(10) "Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

(11) "Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(12) "'Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as the officer or employee is employed by such person for 130 working days.

(13) "State," as used in this clause, means a State of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) The offeror will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.

(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act. Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.

(c) The prohibitions of the Act do not apply under the following conditions:

(1) Agency and legislative liaison by its own employees.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(iv) The following agency and legislative liaison activities are permitted where they are prior to the Screening Information Request (SIR) of any covered Federal action:

(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;

(2) Professional and technical services.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:

(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable.

Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's submittal/offer, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.

Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a submittal/offer are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.

(iii) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(iv) The reporting requirements herein must not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted under this clause.

(d) Disclosure.

(1) If the Contractor, who requests or receives from an agency a Federal contract, has made or has agreed to make any payment using non-appropriated funds (to include profits from any Covered Federal action), to any person for the purpose of influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a Covered Federal action, the Contractor must file with that agency a disclosure form, OMB Standard Form LLL, Disclosure of Lobbying Activities..

(2) The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (d)(1) of this clause. An event that materially affects the accuracy of the information reported includes:

(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered

Federal action; or

(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(3) The Contractor must require the certification, and if required, a disclosure form by any person who requests or receives any subcontractor exceeding $150,000 under the Federal contract.

(4) All subcontractor disclosure forms must be forwarded from tier to tier until received by the prime Contractor. The prime Contractor must submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.

(e) Agreement. The Contractor agrees not to make any payment prohibited by this clause.

(f) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or fails to file or amend the disclosure form to be filed or amended by paragraph (b) must be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representations made by their subcontractors in the certification and in the disclosure form.

(g) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(End of clause)

3.3.1-11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1996)

Funds are not presently available for performance under this contract beyond [enter date]. The FAA's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the FAA for any payment may arise for performance under this contract beyond [enter date], until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JAN 2024)

(a) Definitions. As used in this clause

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the Unique Identity Identifier (UEI) or the Electronic Funds Transfer indicator, into the SAM database.

"System for Award Management (SAM) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Unique Entity Identifier (UEI)" (also known as the Unique Entity ID) means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

"Electronic Funds Transfer indicator" means a 4-character suffix to the Unique Entity Identifier. This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the UEI or EFT indicator that identifies the offeror's name and address exactly as stated in the offer. The UEI will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a UEI, it should contact www.sam.gov directly to obtain one.

The offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company Physical Street…