Combined Synopsis Solicitation SPE60422R0404.pdf

Combined Synopsis/Solicitation SPR Galveston 2023

SPE60422R0404 Page 1 of 39

1. This is a combined synopsis / solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation SPE60422R0404 is hereby issued as a Request for Proposal (RFP).

3. Solicitation has incorporated provisions and clauses in effect through Federal Acquisition Circular

(FAC) 2022-04 dated 01/30/2022.

4. This acquisition is unrestricted; the associated NAICS Code is 221112. The small business standard size is 750 Employees. NSN: 9410-01-456-2020

5. The item to be acquired is electricity and ancillary services for ultimate transfer to:

CLIN Installation Total Estimated Quantity

(kWh)

0001 MCRC Galveston 283,200

0002 Strategic Petroleum Reserve – Bryan Mound 16,954,000

Holdover

(See I821 Holdover Contract Line Item)

TOTAL 17,237,200

6. The Government is soliciting proposals for electricity and any ancillary services required to deliver electricity to the point of delivery and for the scheduling and coordination of the delivery of electricity to the service point for each account.

7. The period of performance shall be 12 months, from the meter read date occurring in January 2023 to the meter read date occurring in January 2024.

THE FOLLOWING PROVISIONS APPLY TO THIS ACQUISITION:

FAR 52.212-1 INSTRUCTINOS TO OFFERORS – COMMERCIAL ITEMS AND

COMMERCIAL SERVICES (NOV 2021)

NOTE: PARAGRAPH BELOW TAILORED TO BE MORE CONSISTENT WITH COMMERCIAL

PRACTICE. ALL OTHER INSTRUCTIONS INCLUDED IN FAR 52.212-1 (NOV 2021) ARE

HEREBY INCORPORATED BY REFERENCE

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 4 hours from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (ELECTRICITY) (TAILORED) (DLA

ENERGY) (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to this solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

SPE60422R0404 Page 2 of 39

(i) Past Performance. Offerors must submit three past performance references, which the Government will evaluate for recency and relevancy in order to determine the Government’s level of confidence in each offeror’s ability to meet solicitation requirements. This evaluation will include any aspect of past performance that is relevant to the work to be performed under this contract.

Recency is defined as performance on Government or commercial contracts where there has been at least 12 months of performance within the last three years of the closing date of the solicitation. Each offeror will be assessed on recent efforts accomplished by the offeror, focusing on performance that is relevant to the contract requirements.

Relevancy is defined as present/past performance effort which involved similar in scope and magnitude of effort and complexities this solicitation requires.

The Government will utilize the submissions provided by the Offeror on Attachment IV. If there are past performance documents on file that have been determined to be Recent and Relevant, the

Government reserves the right to include these documents as part of the past performance evaluation process. In addition, the Government may use any data the Contracting Officer determines recent and relevant. This includes, but is not limited to:

1. Past Performance Information Retrieval System (PPIRS),

2. Past performance Questionnaires,

3. Customer Feedback,

4. Offeror’s past performance under DLA Energy Contracts,

5. Federal Awardee Performance and Integrity Information System (FAPIIS),

6. Electronic Subcontract Reporting System (eSRS), or other databases,

7. Contracting Officers,

8. General Services Administration

This past performance information will be reviewed to determine the quality of the offeror’s performance, general trends, and usefulness of the information. The Government’s level of confidence in each offeror’s ability to meet solicitation requirements will be based on the offeror’s overall record of recency, relevancy, and quality of performance.

Offerors are advised that the Government may use information gained from any source to evaluate past performance and reserves the right to only consider the Contractor’s performance under Federal

Government or DLA Energy contracts. In the case of an offeror for whom information regarding the quality of past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance pursuant to FAR 15.305(a)(2)(iv).

(ii) Technical Capability/Risk. The Government will use a combined technical capability/risk rating to assess the offeror’s proposed approach to satisfying the Government’s requirements. The offeror shall be evaluated on whether their Technical Capability/Risk Proposal (as defined in L800(b)(2)) clearly and precisely describes its approach and demonstrates an understanding of the requirement and its ability to successfully perform the requirements of provisions B1.08 Supplies to be Furnished and C800 Statement of Work. The Government’s evaluation will focus on any weaknesses and/or deficiencies associated with an offeror’s proposed approach and include an assessment of the potential for disruption of schedule, increased cost or degradation of performance, the

SPE60422R0404 Page 3 of 39 need for increased Government oversight, and the likelihood of unsuccessful contract performance.

(iii) Small Business Participation. The Small Business Participation factor will be evaluated based on the information submitted by offerors in regards to whether or not their proposals demonstrate a commitment to small businesses. Offerors will also be evaluated on their history in complying with requirements of the clauses at FAR 52.219-8, Utilization of Small Business Concerns, and 52.219-9, Small Business Subcontracting Plan.

(iv) Price. Price evaluations will be conducted by comparing each offeror’s proposed price received in response to the solicitation. Each offeror’s price, in conjunction with the non-price related factors (Past Performance, Technical Capability/Risk, and Small Business Participation), will be the basis for the Government’s overall best value award decision. Each offered price will be evaluated to determine if it is fair and reasonable in accordance with FAR Part 15, to include evaluating price reasonableness.

Past Performance is the most important non-price evaluation factor and the Small Business Participation is the least important non-price evaluation factor. Technical Capability / Risk is not as important as Past

Performance, but is significantly more important than Small Business Participation. When combined, all three of these non-price evaluation factors are weighted approximately equal to Price. If two offers are equal in merit, lowest price will be the determining factor.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Offerors’ proposal must include a completed copy of FAR 52.212-3/I OFFEROR

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2021) –

ALTERNATE I (OCT 2014).

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(ELECTRICITY) (TAILORED) (DLA ENERGY) (JUL 2013)

NOTE: IN ACCORDANCE WITH FAR SECTION 12.302, INSTRUCTIONS HAVE BEEN

TAILORED TO BE MORE CONSISTENT WITH COMMERCIAL PRACTICE. ALL OTHER

INSTRUCTIONS INCLUDED IN FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (NOV 2021) ARE HEREBY INCORPORATED BY REFERENCE

(f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or transmission failure. An excusable delay or similar event suffered by an independent service operator

(ISO) (or an equivalent of an ISO) or a utility distribution company (or electric distribution company or transmission distribution services provider) shall constitute an excusable delay hereunder. The

Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly provide notice to the

Contracting Officer of the cessation of such occurrence. Upon delivery of notice of the occurrence of an

SPE60422R0404 Page 4 of 39 excusable delay, the obligations of the Contractor shall be suspended to the extent affected by such excusable delay.

(k) TAXES.

(1) The contract price includes all applicable Federal, State, and local taxes and duties in effect at contract signing except for the pass-through requirements expressed in Section B, Clause B1.08

(e).

(2) After-imposed Federal, State, or local tax, as used in this DLA Energy FAR Tailored clause, means any new or increased Federal, State, or local excise tax or duty, or tax that was exempted or excluded on the contract award date but whose exemption was later revoked or reduced, or whose computation was later changed during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax, income tax, or other employment taxes. The contract price shall be increased by the amount of any after-imposed Federal, State or local tax, provided the Contractor warrants, in writing, that no amount for such newly imposed Federal, State, or local excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(3) After-relieved Federal, State, or local tax, as used in this DLA Energy FAR Tailored clause, means any amount of Federal, State, or local excise tax or duty that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax, income tax, or other employment taxes. The contract price shall be decreased by the amount of any after-relieved Federal, State, or local tax.

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE

(1) In accordance with all applicable state and local distribution company regulations, the

Government reserves the right to terminate this contract with respect to any or all contract quantities, for its sole convenience. In the event of such termination, the Contractor shall cease deliveries hereunder with respect to such terminated contract quantities on the first allowable date subsequent to such termination according to the applicable tariff sheets of the local distribution company. The Contractor shall cause any and all of its suppliers and subcontractors to cease work related to this contract prior to the date and time specified by the Government for the termination. Subject to the terms and conditions of this contract, the Contractor shall be paid for electricity delivered under the contract prior to the date and time specified by the Government for the termination of any or all contract quantities plus any additional energy the Contractor is required to deliver for the Government’s account under applicable location distribution company tariff sheets.

(2) In the event of a termination for convenience, the Government shall pay the Contractor the termination value, if positive, calculated by the following formula:

(i) Firm Fixed Price:

A = ∑ (B - C)*D

Where--

A = Termination value.

B = Award price for each usage period for each season.

C = Forward market bid price, defined herein.

D = Contract quantity for each usage period for each season (based on data listed in the

Installation Data Sheets).

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(A) If the termination value on the date of termination is negative, the Contractor shall not be entitled to any payment.

(B) The forward market bid price shall be defined as the sum of (i) the average of on and off-peak prices at the ERCOT Hub through which the account is served; and (ii) a reasonable estimate of market charges forming the basis between the Hub and applicable Load Zone; for a term equal to the remaining term of the contract. The forward market price will be determined by the

Contractor in a commercially reasonable manner, which may include polling energy brokers on the date of termination. The Government shall have the right to reasonably audit forward market price data obtained by the Contractor.

(C) In the event that the Government elects to terminate on a date other than the end of a month or at the end of the summer/non-summer season, as defined by applicable local distribution company and tariff, the estimated remaining contract quantity will be calculated by prorating the partial month or partial season of service.

(D) In the event of a termination for convenience, the Government’s liability shall be limited to the termination value calculated in accordance with the provisions of this tailored clause.

(n) TITLE. Title to the electricity supplied by the Contractor under this contract shall pass to the Government upon delivery at the delivery point specified in the Schedule. The Contractor warrants that the electricity delivered to the Government under this contract will be free and clear of any liens, claims and encumbrances arising prior to delivery at the delivery point specified in the Schedule.

(o) WARRANTY. The Contractor warrants and implies that the electricity delivered hereunder conforms to the tariff of the transmitting and/or distributing utility at the delivery point specified in the Schedule.

(p) LIMITATION OF LIABILITY. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for any consequential, special, incidental, punitive, exemplary or indirect damages or other business interruption damages except to the extent caused by a contractor’s or its agent’s gross negligence or willful misconduct.

FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of

Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

SPE60422R0404 Page 6 of 39

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2020) (31 U.S.C. 6101 note).

_X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15

U.S.C.657a).

_X (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15

U.S.C. 657a).

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

_X (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C.

637(d)(4))

__ (ii) Alternate I (NOV 2016) of 52.219-9.

_X (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

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__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C.637(a)(14)).

_X (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(SEP 2021) (15 U.S.C. 657f).

_X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021)

(15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C.

637(m)).

_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

_ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

_X (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022)

(E.O.13126).

_X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29

U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

SPE60422R0404 Page 8 of 39

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42

U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) (41

U.S.C.4505, 10 U.S.C.2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41

U.S.C.4505, 10 U.S.C.2307(f)).

_X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

SPE60422R0404 Page 9 of 39

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41

U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records

Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

SPE60422R0404 Page 10 of 39

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of

Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEPT 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29

U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter

78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O

13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014)

(41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

SPE60422R0404 Page 11 of 39

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

THE FOLLOWING ADDITIONAL PROVISIONS HAVE BEEN DETERMINED BY THE

CONTRACTING OFFICER TO BE NECESSARY FOR THIS ACQUISITION AND

CONSISTENT WITH CUSTOMARY PRACTICE:

B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY) (APR 2021)

(a) The contract quantities shown below are best estimates based on historical data only of the Government’s requirements for the contract period. The Contractor shall supply and deliver electricity and any ancillary services required in the STATEMENT OF WORK/SPECIFICATIONS

(ELECTRICITY) contract text. Contract performance shall be accomplished in accordance with the terms and conditions of this contract.

(b) As used throughout this solicitation/contract, kW means kilowatt; kWh means kilowatt-hour; and UDC means Utility Distribution Company. Below are the acronyms and full names of each utility service area, public utility commission, the applicable NERC region, and those NERC Regions that border the applicable NERC Region:

TABLE 1 – UTILITY/REGION:

Applicable NERC Region: Texas Reliability Entity

Public Utility Commission: Public Utility Commission of Texas (PUCT)

UDC / Transmission Distribution

Service Provider (TDSP) Centerpoint (CNP)

RTO/ISO: Electric Reliability Council of Texas (ERCOT)

(c) The Government is soliciting offers for supply and transmission of electricity and ancillary services for the following locations:

SPE60422R0404 Page 12 of 39

TABLE 2 – SUPPLIES TO BE FURNISHED:

Contract

Line Item

Number

(CLIN)

Location / Installation Name

Number of

Accounts

Estimated Quantity

(kWh)

Spreadsheet

Name

0001 MCRC Galveston 1 283,200 Attachment I

Installation

Data Sheet

Strategic Petroleum Reserve –

Bryan Mound 2 16,954,000

0003 Holdover (See I821 Holdover Contract Line Item)

TOTAL ESTIMATED QUANTITY 17,237,200

(d) The Government is soliciting offers for a 12-month delivery period (from meter read date occurring in January 2023 through meter read date occurring in January 2024). For CLIN 0001, the

January 2023 meter read date is anticipated to occur on or around January 28, 2023. For CLIN 0002, the

January 2023 meter read date is anticipated to occur on or around January 31, 2023. Specifics for each line item are provided with each individual Installation Data Sheet. The information includes: (1) Line

Item Number, (2) Location, (3) Local Electric Utility, (4) Current Tariff Rate, (5) Utility Account

Number; (6) Contract Performance Period, (7) Monthly Consumption and Demand Data; and (8)

Interval Data.

Please use the following link to access the information: https://sam.gov/content/home

(e) The Government is soliciting offers for Firm-Fixed-Price, Requirements Type basis for electricity. Prices shall include the following charges: All retail supply costs to the Service Point as defined in C800, Paragraph (h) (to include energy, nodal congestion, nodal ancillaries (including

Reliability Unit Commitment (RUC), and Independent System Operator (ISO) / Regional Transmission

Organization (RTO) fees). The charges not included in the offered unit price are: Gross Receipts Tax

(GRT), PUCT (if applicable), and Transmission Distribution Service Provider (TDSP). All charges not included in the offered unit price shall be invoices as a direct pass-through with no additional markup and identified individually as separate line items in accordance with C800, Subparagraph (b)(7) Pass-

Through Charges.

NOTE: Executive Order (EO) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal

Sustainability, was issued on December 8, 2021. The EO requires the Government transition to 100%

Carbon Pollution-Free Electricity (CFE) by 2030. During the term of the contract, if the CFE market develops to a point that it is viable for the contractor to deliver CFE; contractor will be willing to discuss and, if commercially possible for a reasonable price, deliver an agreed amount of CFE to the

Government.

C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (DLA ENERGY) (JAN

2012)

(a) STATEMENT OF WORK. The Contractor shall supply electricity and any ancillary services required to deliver electricity to the point of delivery and for the scheduling and coordination of https://sam.gov/content/home

SPE60422R0404 Page 13 of 39 the delivery of electricity to the service point for each account under the contract. All quantities ordered by the Government shall be considered firm and guaranteed for delivery by the Contractor to the delivery point, and for scheduling and coordinating, for ultimate delivery to the service point for each account. Charges incurred as a result of the Contractor's failure to abide by the terms of the applicable

Retail Access rules and/or the UDC Service Agreement shall be the responsibility of the Contractor.

With the exception of any and all transmission and distribution related charges payable by the

Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor's failure to perform in accordance with the contract), the Contractor is responsible for all costs associated with deliveries to the delivery point and the scheduling and coordination for delivery of electricity to the service point for each account under the contract. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the nondelivery of the firm requirements in accordance with paragraphs (f) and (m) of the CONTRACT TERMS AND

CONDITIONS – COMMERCIAL ITEMS clause.

NOTE: The following is supplemental to paragraph (a) Statement of Work for CLIN 0002 only:

1. Prices should include all competitive retail charges anticipated to be in effect during the delivery period for the exception of Pass-Through Charges (see Section B, B1.08 (e).

2. Prices shall be based on the established “Projection Data” listed in the Installation Data

Sheet. Projection Data is defined as the values represented in the Installation Data Sheet as amended at time of contract award.

3. Under normal conditions, the Strategic Petroleum Reserve at Bryan Mound operates attempting to use minimal power (< 1MW) in day to day operations. Power usage may peak to 4 or 5 MW for a few hours because of pump/motor testing or fluid movements within the site. Aside from this, there are three possible conditions that may occur and require additional power:

1. In the event of a Reserve Drawdown the Contractor will be required to supply up to 24

MW of power. All energy consumption outside the established contractual bandwidth resulting from a Reserve Drawdown will be subject to I801.01 Pricing for Quantities

Outside Established Load Bandwidth (Adder to the Weighted Average Market Price).

When a Reserve Drawdown is required, the Government will notify the Contractor as soon as an alert level is set (anticipated to be within hours of the notification). There are

3 alert levels. Alert level one means that, due to world events, there is a chance the

Strategic Petroleum Reserve may go into a drawdown sometime in the future. This level can last for days, or sometimes months, and result in either the cancellation of the alert or a move to the next level. Alert level two means that the situation has worsened and there is a greater likelihood that the Strategic Petroleum Reserve may go into a Reserve

Drawdown. This level can also be either long or short in duration and, in the event of an emergency, even skipped. The Contractor will again be notified following a move to alert level two. Alert level three means that the President has directed a Reserve

Drawdown to occur. The Government will immediately notify the Contractor and subsequent discussions may take place as additional details become available. The requirement for commencement of drawdown and need for the addition power is 13 days from when the President directs the Strategic Petroleum Reserve to drawdown (initial point of Alert level 3) until the first oil is moved.

SPE60422R0404 Page 14 of 39

2. The Strategic Petroleum Reserve has been conducting non-emergency oil sales as authorized by Congress. These sales started in 2017 and will continue on an annual basis until 2031. These sales typically occur for two months each spring and two months each fall. It is not typical to conduct a sale during peak summer months. Typical power required for an oil sale is 12 MW or less. Normally the Contractor will be given a 30 day notice of such an oil sale event.

3. The Strategic Petroleum Reserve has been supplying crude oil during disasters such as hurricanes and degraded economic conditions that do not rise to the level of a Presidential ordered draw down. Typical power required for such an event is 12 MW or less. These type events require quick movement and often the Contractor will only be given a week or less notice of such a requirement to supply oil to the market.

(b) INVOICE AND PAYMENT. The Government will utilize Consolidated Retail

Electric Provider (REP) Billing for all Firm Fixed Price accounts awarded as a result of this solicitation. All invoicing shall be based on metered quantities at the service point for each account. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with Consolidated UDC Billing shall be the responsibility of the Contractor and shall be included as part of the offered price. All invoicing shall be based on metered quantities at the service point for each account.

All costs associated with billing shall be included in the offered price. The Government will not pay any additional charges for billing services. The contractor shall provide a single bill for all accounts serviced under any contract. The address to which said invoices shall be submitted will be provided at the time of contract award. Each invoice shall be prepared in a manner consistent with all REP/TDSP arrangements and shall conform to all PUCT requirements for REP Consolidated Billing. In addition to the requirements set forth in FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS Paragraph (g), each contractor invoice shall include the following information:

(1) Installation name, Line Item, and individual account information (Account Number and ESID, Meter Number, and Service Address). The invoice shall also include the Supplier's information such as logo, address, point of contact (name and phone number), and wiring information.

(2) Billing period for each account number and ESID. The billing period for 'energy delivery' and 'transmission' by Transmission and Delivery agent shall coincide.

(3) Total consumption for each account number and ESID.

(4) Metering data shall clearly show previous and current meter indices with multiplier factor used to compute the consumption being invoiced. This data is per each main account and all associated meters per account.

(5) Demand information for each account number and ESID. The demand information shall also include date and time of occurrence.

(6) Total energy charge (broken down by energy charges and demand charges (TDSP demand charges).

(7) Pass-Through Charges: UDC/TDSP, PUCT and GRT charges shall be CLEARLY broken out in detail for each account number and ESID in a manner consistent with REP/UDC/TDSP arrangements and PUCT requirements. The UDC/TDSP, PUCT, and GRT charges will be based on the

Transmission and Distribution Rates for investor owned utilities available at:

SPE60422R0404 Page 15 of 39 https://www.puc.texas.gov/industry/electric/rates/TDR.aspx. Standard UDC/TDSP, PUCT, and GRT tariff titles of each rate shall be used.

The following shall be provided, per element, with each UDC/TDSP charge (as applicable):

a. Usage

b. Rate

c. Charge

Each element shall appear on the customer invoice as a direct charge with no additional mark up.

(8) All of the above info shall be clearly shown on the invoice to include any transmission loss factors. Each bill shall contain all UDC/TDSP and supplier charges (no partial bills will be accepted).

(9) All supporting documentation is required before payment will be made.

(10) If a REP is unable to issue a bill based on actual meter reading due to the failure of the transmission and distribution utility, municipally owned utility or electric cooperative to obtain or transmit a meter reading to the REP, the REP may issue a bill based on an estimated reading fifteen (15) calendar days following the meter read date for the affected account. The REP must inform the customer of the reason for the issuance of the estimated bill, and the Government reserves the right to obtain documentation relating to the efforts taken by the REP to obtain the meter read data. For estimated billing purposes, the contractor shall use the relevant monthly consumption data (as the estimate) included in the applicable Installation Data Sheet. All estimated bills shall be trued up on the next billing cycle.

(11) All information required by the PUCT to be included on customer invoices.

(12) There shall be no “out of cycle” meter reads permitted. The delivery period for any contract resulting from this solicitation will begin with the regularly scheduled utility meter read date occurring March 2020.

(13) The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with invoicing shall be the responsibility of the Contractor and shall be included as part of the offered price. The billing cycle for the supplier's invoices shall be identical to that of the incumbent utility.

(14) For CLIN 0002 Only: ORIGINAL invoices shall be in compliance with Attachment

II - DOE Invoice Procedures dated February 16, 2022.

For the purposes of this contract, the address designated to receive invoices in accordance with FAR

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS Paragraph (g) will be provided on the date of award.

For the purposes of this contract, the invoice to which reference is made in FAR 52.212-4, CONTRACT

TERMS AND CONDITIONS--COMMERCIAL ITEMS Paragraph (i) refers to the energy portion of the

Consolidated REP Invoice and the TDSP charges from the UDC to be forwarded to the Government for payment.

For the purposes of this contract, the payment to which reference is made in FAR 52.212-4, CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS Paragraph (i) refers to the payment made by the Government against the Consolidated REP Invoice.

(c) METERING AND METER READING SERVICES. Will be provided by the incumbent TDSP for each account.

SPE60422R0404 Page 16 of 39

(d) SCHEDULING AND SUPPLY MANAGEMENT. It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the time period specified herein. The

Contractor shall be responsible for supply management and overall coordination of production, transmission, and distribution of electrical power to the service point of each account identified in the contract. As such, the Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract. The

Government will not pay any costs associated with the Contractor's failure to deliver electrical power at the delivery point sufficient to meet the demand at the service point of each account under the contract or to schedule and coordinate for the delivery of electricity to each service point.

(e) RECORD KEEPING. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Access or a spreadsheet format compatible with Microsoft

Excel. These records shall be made available to DLA Energy or to any party designated by DLA

Energy as authorized to request this data. In the event that the Contractor maintains records on demand and consumption data in addition to that required to bill in accordance with the utility tariff, said data shall also be made available to DLA Energy or to any party designated by DLA Energy as authorized to request this data. The Contractor shall provide (or make available) to DLA Energy or to any party designated by DLA Energy, interval data (for those accounts with an interval meter) in Microsoft Excel format, on a monthly basis throughout the entire delivery term of any resultant contract.

(f) ORDERING. Orders shall be made in accordance with the ELECTRICITY ORDERING

PROCEDURES contract text.

(g) POINT OF DELIVERY. For this solicitation and any resulting contract, the delivery point for each account is defined as an interconnect with the UDC owned or controlled transmission or distribution systems.

(h) SERVICE POINT. For this solicitation and any resulting contract, the Service Point is defined as the meter(s) indicated for each account awarded as described in Attachment I.

(i) SPECIFICATIONS. The electricity provided under this contract shall conform to the tariff of the transmitting and/or distributing utility at the delivery point(s) specified in the Schedule.

(j) ADDING FUTURE ACCOUNTS. It is possible that additional accounts not included in the solicitation may be added to the resultant contract(s). In that event, the Government will provide the

Contractor with the facility’s electric requirement (if available) and the two parties shall enter into good faith negotiations to determine a price. A bilateral modification will be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award.

H800 NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY) (DLA ENERGY) (FEB

2013)

The Contractor shall use commercially reasonable efforts to provide the Contracting Officer with written notice received by the Contractor of any relevant changes to the transportation tariff/rate or the scheduling of a tariff/rate hearing that would reasonably be expected to have…