N33191-24-R-0025 AM 0001.pdf

ACQR6050878

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to respond to the Pre-Proposal Inquiries received and revise the proposal due date. See below for further details.

All other solicitation provisions and clauses remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

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

16C. DATE SIGNED

BY 13-Jun-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3319124R0025

X 9B. DATED (SEE ITEM 11)

23-May-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

13-Jun-2024

CODE

NAVFAC EUROPE AFRICA CENTRAL

VIALE PORTO CAPODICHINO

NAPOLI 80144

N33191 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3319124R0025

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001 INFO

The Government’s response to the PPI’s received are as follows:

Pre-Proposal Inquiries (PPI) Government's Response 1 I just wanted to ask if there is an incumbent contract or contractor associated to the requirement. If any, please provide the contractor's name and contract number.

Yes, the incumbent contractor is ENEL ENERGIA SPA. The contract number is N3319122H0001.

2 I read from section L that proposals should be submitted via the Procurement Integrated Enterprise Environment (PIEE) solicitation form at https://piee.eb.mil/.

I am trying to register for the PIEE portal but am having some difficulties.

Could you submit out proposal by email?

Proposals may be sent via email by the required due date and time in the solicitation.

See amended language in the solicitation.

3 Con riferimento a quanto previsto nella sezione C a pagina 5, chiediamo se sia possibile rilasciare un'unica fideiussione per l'importo complessivo richiesto di €480.000.

With reference to the provisions of section C on page 5, we ask if it is possible to issue a single guarantee for the total amount requested of €480,000.

The J-200000-03 requires one single acknowledgement signature for the total amount of all CLINS. Upon Award, a single bank guarantee for the total amount requested of €480,000 is acceptable.

4 Con riferimento all'art. 3 - “PERIODO DI ESECUZIONE” e specificatamente, per quanto riguarda l'esecuzione del periodo facoltativo degli ulteriori 12 mesi di fornitura, chiediamo la data entro la quale verrà comunicata la proroga.

Chiediamo anche se questa data potrebbe essere Maggio 2025.

With reference to the art. 3 - "PERIOD OF PERFORMANCE" and specifically, with regard to the execution of the optional period of the additional 12 months of supply, we ask for the date by which the extension will be communicated. We also ask whether this date could be in May 2025.

The following Article has been added:

Article 20: Option to Extend the Term of the Contract The Government may extend the term of this contract by written notice to the Contractor on or before 31 May 2025; provided that the Government gives the Contractor a preliminary written notice of its intent to extend on or before 31 May 2025. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months.

5 In riferimento all'art. 4 - "PREZZO

DELL'ALIMENTAZIONE ELETTRICA"

relativamente alle "componenti regolate passanti" si comunica che per le utenze con misuratore non orario e per le utenze con potenza impegnata inferiore a 55 kW, il corrispettivo del Capacity Market sarà addebitato, come previsto da ARERA, in ambito delle Tutele Graduali (Piccole Imprese, Micro Imprese e Placet).

With reference to the art. 4 - "PRICE OF ELECTRICAL POWER SUPPLY" in relation to the "regulated pass-through components" we inform you that for users with non-hourly meter and for users with engaged power of less than 55 kW, the Capacity Market fee will be charged, as provided by ARERA , in the context of Gradual Protections (Small Businesses, Micro Businesses and Placet).

Confirmed. All "regulated pass-through components" shall be charged as provided by ARERA applicable resolutions.

6 In riferimento all'art. 4 - "PREZZO

DELL'ALIMENTAZIONE ELETTRICA"

relativamente alle "componenti regolate passanti" e nello specifico al passaggio "L'appaltatore non deve adeguare le tariffe di stoccaggio o di bilanciamento o qualsiasi altro onere relativo alle previsioni del servizio che possa verificarsi durante il periodo di validità del presente contratto", si chiede di esplicitarne il significato o se trattasi di refuso in ambito di contratto di fornitura gas naturale.

With reference to the art. 4 - "PRICE OF ELECTRICAL POWER SUPPLY" in relation to the "pass-through regulated components" and specifically to the passage "The contractor must not adjust the storage or balancing tariffs or any other charge relating to the service forecasts that may occur during the period of validity of this contract", we ask you to explain its meaning or whether it is a typo in the context of a natural gas supply contract.

The contractor must not adjust the supply price for changes in balancing costs or any other charge relating to the service forecasts that may occur during the period of validity of this contract. See amended language in the solicitation.

7 in riferimento all'art. 4 "PREZZO

DELL'ALIMENTAZIONE ELETTRICA"

relativamente ai costi unitari compresi nei prezzi dell'energia, si chiede se nelle fatture emesse, la componente GO debba essere espressa con una voce specifica/separata o inclusa nel prezzo della materia prima.

With reference to the art. 4 "ELECTRICITY PRICE" in relation to the unit costs included in energy prices, we ask whether in the invoices issued, the GO component should be expressed with a specific/separate item or included in the price of the raw material.

The GO component shall be part and included into the offer price of energy (as part of the transaction fee DPUN as defined at Art. 4). The GO "may" be outlined as a separate item on bills, although not requested nor recommended, as long as it is first deducted from the DPUN to make the total energy price charged consistent with the awarded offer price.

8 con riferimento all'art. 5 "DISPOSIZIONI SPECIALI" si chiede se la fornitura di energia elettrica green 100% soddisfa il requisito del divieto di utilizzo di energia proveniente dalla Federazione Russa essendo la nostra energia green prodotta da fonti rinnovabili totalmente italiane.

With reference to the art. 5 "SPECIAL PROVISIONS" we ask if whether the supply of 100% green electricity satisfies the requirement of the ban on the use of energy coming from the Russian Federation as our green energy is produced from totally Italian renewable sources.

100% green electricity may satisfy the requirement assuming the green electricity source is in compliance with Article 5 of the solicitation.

9 con riferimento all'art. 5 "DISPOSIZIONI SPECIALI" riguardo l'accesso ai dati di consumo giornalieri si chiede conferma che questi possano essere resi disponibili tramite il nostro portale web.

with reference to the art. 5 "SPECIAL PROVISIONS" regarding access to daily consumption data, we ask you to confirm that these can be made available via our web portal.

Daily consumption data made available on the supplier's portal, and consistent with the distributor's, is acceptable.

10 con riferimento all'art. 9 "AGGIUNTA E

CESSAZIONE DI SERVIZI / MODIFICHE

CONTRATTUALI" si chiede la quantificazione (in termini di n. pod e volumi) di eventuali richieste relativamente a nuove utenze, aumenti di potenza e cessazioni previste nel periodo di vigenza contrattuale.

with reference to the art. 9 "ADDITION AND

TERMINATION OF SERVICES / CONTRACT

MODIFICATIONS" we ask you the quantification (in terms of number of pods and volumes) of any requests relating to new users, power increases and terminations foreseen in the period of contractual validity.

No additional points of service and no power increases are currently foreseen. Additional volumes, if any, which may cause a minimally significant deviation from the total historical load profiling provided with this solicitation are not foreseen as well.

Normally, no more than a couple of annual modifications occur.

11 Con riferimento all'art. 11 " TASSE E IMPOSTE" ed all'art. 12 "FATTURA E PAGAMENTO", si chiede se il n. di contratto di riferimento deve essere una informazione obbligatoria riportata nelle fatture emesse al fine del pagamento delle stesse e, in caso affermativo, sempre ai fini del pagamento delle fatture, se è possibile considerare esaustiva la presenza del numero contratto all’interno del pdf.

With reference to the art. 11 "TAXES AND DUTIES" and art. 12 "INVOICE AND PAYMENT", we ask you if the n. of the reference contract shall be a mandatory information reported in the invoices issued for the purpose of payment of the same and, if so, always for the purpose of payment of the invoices, if it is possible to consider the presence of the contract number in the PDF as exhaustive.

To make the invoice payable by the US Government, the US Government contract number shall be reported on each invoice sent by email in pdf format.

12 Con riferimento all'art 12 "FATTURA E PAGAMENTO" il ciclo completo di fatturazione potrebbe concludersi al termine del mese. E' possibile pertanto considerare non vincolante che la fatturazione si concluda entro e non oltre il 20° giorno del mese successivo al periodo di fornitura?

With reference to art. 12 "INVOICE AND PAYMENT" the complete invoicing cycle could end at the end of the month. Is it therefore possible to consider it non-binding that invoicing is concluded no later than the 20th day of the month following the supply period?

Art.12 states "The Supplier shall issue invoices on a monthly basis, normally no later than the 20th day of the month following the supply period." “Normally” means that under unusual and justified circumstances bills may be issued later than the 20th of the month.

13 Con riferimento all'art 12 "FATTURA E PAGAMENTO" laddove si legge "...Nel caso in cui il Distributore fornisca dati del contatore superiori a più o meno il 5% (dieci percento)…" si chiede qual è il valore da intendere corretto tra i 2 valori espressi in cifre e in lettere.

With reference to art. 12 "INVOICE AND PAYMENT" where it reads "...In case the Distributor provides meter data in excess of plus or minus 5% (ten percent)..." we ask what is the correct between the 2 values expressed in figures and letters.

See corrected language in the solicitation.

14 Chiediamo se la documentazione da caricare sul portale da voi indicato per la partecipazione deve essere firmata digitalmente ed in quale formato (es Pades?).

We ask if the documentation to be uploaded to the portal indicated by you for participation must be digitally signed and in which format (e.g. Pades?).

Signature on offer can be either digital or scanned handwritten. We do not specify the format for digital signatures as long as it is readable.

15 Con riferimento all'art 2. "CONDIZIONI DI FORNITURA" si chiede se per l’accesso ai dati di misura, e per i valori relativi al periodo di fornitura precedente al mese in corso, è possibile considerare non vincolante il 15 del mese come data a partire dalla quale i dati dovranno essere considerati disponibili. Inoltre, è possibile utilizzare in autonomia il portale web per la loro estrazione?

With reference to art. 2. "CONDITIONS OF SUPPLY", we ask whether for access to the measurement data, and for the values relating to the supply period prior to the current month, it is possible to consider the 15th of the month as non-binding as the date from which the data must be considered available. Furthermore, is it possible

As provided in Art. 2, interval data availability is “...subject to the metering data submission from the Distributor. The monthly day 15 deadline shall not be binding to the Vendor who will promptly make the data available once submitted by the Distributor. Prompt data publication on the vendor’s web portal fulfills this requirement”.

that you use the web portal independently for their extraction?

16 E’ possibile condividere che qualsiasi modifica tariffaria (oneri di sistema, servizi di distribuzione trasmissione e misura, dispacciamento) sia recepita direttamente all’interno del primo ciclo utile di fatturazione successivo ad essa?

Is it possible to agree that any tariff change (system charges, transmission and metering distribution services, dispatching) is transposed directly within the first useful billing cycle following it?

Any change to the regulated pass-thru tariff (system charges, transmission and metering, distribution services, dispatching) can be applied to the first available bill.

17 E’ possibile non concordare l’invio manuale da parte del fornitore dell’elenco riepilogativo di tutti i fatturati di zona, considerando la possibilità di estrazione in autonomia dei dati dal portale web?

Is it possible not to agree on the manual sending by the supplier of the summary list of all the area turnovers, considering the possibility of independent extraction of data from the web portal?

There is no requirement to have the sender provide any summary list of all area invoicing.

18 E’ possibile considerare non vincolante l’invio dei pdf via email da parte del fornitore, ma procedere alla loro estrazione direttamente dal portale web?

Is it possible to consider the sending of PDFs via email by the supplier as non-binding, but to proceed with their extraction directly from the web portal?

Sending of pdfs via email is binding.

Invoices shall be issued by the vendor in accordance with solicitation, specifically Articles 11 and 12.

19 Con riferimento alla lettera C "REQUISITI DI

PRESENTAZIONE PER CIASCUN FATTORE E

BASE DI VALUTAZIONE " a pag 30, chiediamo se è sufficiente presentare la Visura Camerale invece del "Certificato di Iscrizione alla Camera di Commercio".

With reference to letter C "SUBMITTAL

REQUIREMENTS FOR EACH FACTOR AND

BASIS FOR EVALUATION" on page 30, we ask if it is sufficient to present the document called "Visura Camerale" instead of the "Certificato di Iscrizione alla Camera di Commercio".

The "Visura Camerale" is not sufficient, "the Certificato di Iscrizione alla Camera di Commercio" shall be provided.

20 Con riferimento al documento "Cover letter" richiesto, si chiede se la "firma della persona autorizzata a firmare la proposta" deve essere espressamente apposta in modo autografo sullo stesso documento oppure se è sufficiente allegare il documento di identità del firmatario dal quale si evince la firma autografa stessa.

With reference to the requested "Cover letter" document, we ask whether the "signature of the person authorized to sign the proposal" shall be expressly affixed in an autograph manner to the same document or whether it is sufficient to attach the signatory's identity document from which it can be seen the handwritten signature.

The signature of the person authorized to sign the proposal shall be on the Cover Letter.

21 Con riferimento all'art. 15 "RISOLUZIONE PER CONVENIENZA DEL GOVERNO” si chiede se può essere derogata la sua applicazione. Questa richiesta scaturisce dalla necessità di acquistare le GO in anticipo per tutto il periodo di fornitura (i possbili 2 anni).

With reference to the art. 15 "RESOLUTION FOR CONVENIENCE OF THE GOVERNMENT" we asks if its application can be waived. In fact we have the need to purchase the GOs in advance for the entire supply period (the possible 2 years).

Article 15 States, "Subject to the terms of this contract, the Supplier shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Supplier can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination."

22 Con riferimento a quanto previsto nella sezione Sezione L - "Istruzioni, condizioni e avvisi agli offerenti" e più specificatamente al punto L.7 a pag. 28, abbiamo provato a registrarci sul portale https://piee.eb.mil come da vostro manuale in qualità di Vendor, ma quando inseriamo il nostro CAGE code (presente anche sul portale SAM) questo non viene riconosciuto e non ci consente di completare la registrazione.

With reference to the provisions of Section L - "Instructions, conditions and notices to bidders" and more specifically to point L.7 on page. 28, we tried to register on the portal https://piee.eb.mil as per your manual as a Vendor, but when we enter our CAGE code (also present on the SAM portal) this is not recognized and we are not allowed to complete the registration.

See response to PPI #2.

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 24-Jun-2024 12:00 PM to 24-Jun-2024 02:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT

The U.S. Government, hereinafter called “the Government,” “customer,” or “NAVFAC EURAFCENT” hereby solicits a binding offer for the supply of electrical power for the 33 points of delivery listed in Section J, Attachment J-200000-02.

NAVFAC EURAFCENT is the US Government agent delegated to procure electrical power for the supply of certain Department of Defense (DoD) accounts located in Italy, amounting to 33 delivery points, for an estimated total annual (12 months) consumption of 156,874 megawatt-hours (MWh).

Points of service details and estimated electrical power consumption are provided in Section J (Attachment J- 200000-02). Load profiles relevant to each account are provided in Section J (Attachments J-200000-06_NV1, NV2, AF1).

NAVFAC EURAFCENT is soliciting offers for supply and transmission of electrical power and ancillary services for the following relevant Areas:

Table 1. Select DoD Accounts

Line item Relevant Area

Reference Installation

Total # of accounts

MV

accounts

Non-domestic LV accounts

Domestic

LV

accounts Distributor

Reference sheet of J- 200000-02

AF1 Friuli & Others

Aviano Air Base 14 7 7 0 e-distribuzione AF1-Oth

NV1 Campania & Lazio NSA Naples 10 6 4 0 e-distribuzione NV1-nonSicily

NV2 Sicily NAS Sigonella 9 6 3 0 e-distribuzione NV2 Sicily

This solicitation will result in a contract award to a single provider for electrical power at the “Points of Delivery” (PODs) included in Attachment J-200000-02. These PODs are already connected to the electrical power distribution system and are adequately configured to meet electrical power requirements. Attachment J-200000-02 also includes the list of electrical power service points and identification data for each POD, including ID code, name, address, fiscal code, Meter Class, POD code as well as main power consumption characteristics.

The Instructions, Conditions and Notices to Bidders and the Evaluation Factors for Award are provided in detail under Sections L and M of this Solicitation.

Joint Venture (JV) Offerors shall furnish with their proposal all the documentation listed in Section L.

Upon award, the Supplier is required to submit a Bank or Insurance Guarantee in the amount specified in J-200000- 03 page 3, for each Contract Line Item Number (CLIN) awarded. The Bank or Insurance Guarantee (format and content is provided in J-200000-05) shall be submitted no later than 21 calendar days after contract award and shall be valid through six months after the end of the period of performance.

The Supplier shall be responsible for electrical power supply, transport, storage and, distribution contracts for each delivery point in accordance with the current provisions of the Italian Regulation Authority of Energy Grids and

Environment ARERA (Autorità di Regolazione per Energia Reti e Ambiente) and the performance work statement under this solicitation. The Supplier is separately responsible for establishing the terms of contracts with any Transporter(s), local Distributor(s), or other subjects involved in the supply management.

NAVFAC EURAFCENT, when possible, will provide any necessary documentation and information instrumental for the Supplier to draw the transportation and distribution contracts on its behalf.

The Supplier shall designate at least two Points of Contact (POCs), (a lead and a deputy, to be responsible for all communication with NAVFAC EURAFCENT who shall provide full and prompt assistance for any issues regarding the supply of electrical power and contract administration. The POCs shall not be a Call Center. At least one of the POCs shall have contractual authority to represent the Supplier.

The Supplier shall notify NAVFAC EURAFCENT via email of the names, email addresses and telephone numbers of the POCs for the Supplier no later than 10 working days prior to the date the contract becomes effective. Should a POC be replaced the Supplier shall provide updated contact information to NAVFAC EURAFCENT within 5 working days.

ARTICLE 1. COMMUNICATIONS

Official written communications between the Supplier and Contracting Officer concerning the contract shall be sent to:

Commanding Officer NAVFAC EURAFCENT – Contracting Support Line Viale Porto, Box 51 – Aeroporto Capodichino 80144 - Napoli, Italia

All correspondence from the Supplier to NAVFAC EURAFCENT shall be in both English and Italian. If the Supplier sends registered mail to the above address, the Supplier shall also email a copy of the letter to the NAVFAC EURAFCENT Contracting Office POCs:

Contracting Officer: Alex Wingert, alex.h.wingert.civ@us.navy.mil Contract Specialist: Joshua Kaimikaua, joshua.j.kaimikaua.civ@us.navy.mil

The Government will promptly communicate to the Supplier any future change in names and emails. All emails from the Supplier shall include the relevant Contract Specialist(s). Please note that the U.S. Government cannot send or receive official Italian registered emails (Posta Elettronica Certificata, “PEC”).

ARTICLE 2. CONDITIONS OF SUPPLY

The contractor shall supply electrical power under this contract on a continuous and non-interruptible basis.

The Supplier will fill all actual electrical power requirements of the designated Government activities during the specified contract period. The quantity consumed will vary depending on the actual usage. Please note that the quantities of electrical power specified in the attachments J-200000-02 and J-200000-06 are historical consumption records. These quantities are not binding and the Supplier shall not be entitled to a price adjustment should there be a variation in quantity of consumption from the quantities provided in the attachments J-200000-02 and -06. These quantities are based on historical load profiles and are provided to assist Offerors in developing their best-priced offer.

NAVFAC EURAFCENT only agrees to purchase and pay for the total quantity actually supplied by the Supplier as recorded by the Distributor’s official meters at the agreed-upon contract prices.

mailto:alex.h.wingert.civ@us.navy.mil mailto:joshua.j.kaimikaua.civ@us.navy.mil

The Supplier shall enter into transportation and distribution contracts for the transmission and distribution of electrical power. The Supplier will invoice for any transportation and distribution costs without markup, as indicated in Article 4.

The Supplier shall provide NAVFAC EURAFCENT the following information through a secure website:

• A monthly summary of metered data listed by POD and where available, daily consumption, demand and consumption data for all calendar months preceding the current month reported in table/spreadsheet format;

and

• Quarter-hour consumption records for all interval-metered PODs. (Supplier shall obtain interval data records for these meters from the Distributor). The Supplier shall also provide this data for all calendar months preceding the current billing month, from the start of the contract period of performance.

The Supplier shall provide access to the interval metering data available on its secure website by the 15th of every month, subject to the metering data submission from the Distributor. The monthly day 15 deadline shall not be binding to the Vendor who will promptly make the data available once submitted by the Distributor. Prompt data publication on the vendor’s web portal fulfills this requirement. The name of the website, as well as the username, password, and link, must be provided by the Offeror within five days of contract award to ease timely registration to the website by the US Government.

ARTICLE 3. PERIOD OF PERFORMANCE

The period of contract performance will be 12 months from the date of the start of service with a 12-month option period of performance for a total of 24 months.

ARTICLE 4. PRICE OF ELECTRICAL POWER SUPPLY

Energy unit price.

The monthly energy unit price PPUNm expressed in € / MWh will be applied to the energy withdrawn in each month “m” by the Customer at the points of delivery referred to in attachment J-200000-02 and to the related network losses. The unit price will be differentiated in each Contract Band (as defined below), calculated using the following formula:

PPUNm = PUN + ΔPUN

Where PUN is the slot price calculated monthly as the arithmetic average of the values taken on by the PUN (understood to be the “prezzo di valorizzazione unico nazionale” (single national value) of the electrical energy purchased from the Day Ahead Market, as stipulated by Art. 30, subparagraph 4, letter c, of ARERA’s resolution No. 111/06, its amendments and additions), during the hours of the respective Contractual Slot during the supply month, expressed in €/MWh;

ΔPUN is the transaction fee expressed in €/MWh and equal to ΔPUN = x.xx €/MWh as awarded.

Contract bands are as defined by the current relevant ARERA resolution.

Pass-through regulated components. The components listed in J-200000-04, tab “Components”, illustrate regulated costs per current transportation, distribution, system charges, and metering tariffs and shall be passed through with no markup to the Government. These components shall be transparent on all provided bills for invoicing purposes. The Government requires 30-day advanced notification to the address listed in Article 1 when either the components change (added or deleted) and/or the rates in the tariff changes. Any future change to the regulated pass-thru tariff as dictated by ARERA (system charges, transmission and metering distribution services, dispatching) can be applied to the first available bill. If the “Rate” column denotes a component as “ARERA RESOLUTION” it is an approved pass through charge. If it is denoted as “not applicable” it is not payable by the

Government. Invoices that include charges that are marked as “not applicable” in the “Rate” column will be rejected by the Government and will not be paid.

The contractor shall not adjust the supply price for changes in balancing costs or any other charge relating to the service forecasts that may occur during the period of validity of this contract.

The energy unit prices shall not include:

• taxes and duties (see Art. 11);

• grid losses; or

• tariff items specific to the “Tutela” and “Salvaguardia”.

The energy unit prices shall include:

• costs relevant to the achievement and release of green energy (GO) certifications;

• costs associated with the application of the 2003/87/CE Directive “Emissions Trading” on GHG emissions;

• imbalance costs and any other dispatch costs related to scheduling of deliveries;

• costs relevant to holding the necessary authorizations, in accordance with current legislation, on behalf of the NAVFAC EURAFCENT to purchase transportation rights, production capacity at national level;

• costs associated with PCV (Marketing and Selling Prices, “Prezzi di Commercializzazione e Vendita”) as defined in the resolution ARERA no. 349/07 “TIV” and subsequent modifications;

• unbalancing charges determined in accordance with the current legislation relating to unbalancing charges.

(In the event of any changes to the unbalancing legislation, Art. 10 shall apply); and

• all costs relevant to invoicing, including stamps and mailing costs.

ARTICLE 5. SPECIAL PROVISIONS

Energy sourced from Russian Federation. Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation.

Definitions. As used in this article — “Covered military installation” means a military installation in Europe identified by the Department of Defense as a main operating base; and “Furnished energy” means energy furnished to a covered military installation in any form and for any purpose, including heating, cooling, and electricity.

Prohibition. In accordance with section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (Pub.

L. 116-92), the Contractor shall not use in the performance of this contract any energy sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation.

Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts and other contractual instruments that are for furnished energy at a covered military installation, including subcontracts and other contractual instruments for commercial items.

Other Special Provisions. The Supplier agrees that NAVFAC EURAFCENT will not pay any of the following:

• Advanced payment;

• Security deposit;

• Bank or other financial guarantee as a condition of providing the services;

• Meter charges or access to metering data charges other than the applicable rates as provided by ARERA; or

• Taxes and duties (see Article 11).

The Supplier will provide access to daily consumption data wherever available from the Distributor (e.g. electronic daily meters which are already installed and remotely read).

ARTICLE 6.

Reserved.

ARTICLE 7. BANK OR INSURANCE GUARANTEES

Within 21 days after contract award, the Supplier shall submit a Bank/Insurance Guarantee in accordance with J- 200000-05 for the amount determined in J-200000-03 Form D, page 3. Insurance guarantee shall be issued by a company registered under the “Istituto per la Vigilanza sulle Assicurazioni” (IVASS) of the Bank of Italy (Banca di Italia). The bank guarantee will be incorporated into the contract via a SF30 modification. The bank guarantee will be valid through six (6) months after the end of the period of performance, and will be payable on a written first-demand basis. Additionally, the Government will retain physical possession of the bank guarantee. The Government may make a written first-demand should the Supplier default per Article 16.

ARTICLE 8. CHOICE OF LAW

The Supplier will adhere to the rules and regulations implemented by the Italian Regulation Authority of Energy Grids and Environment ARERA (Autorità di Regolazione per Energia Reti e Ambiente), and other Italian governing bodies as applicable, for the purposes of electricity regulation.

The regulation of electricity in Italy, to include supply, transportation and distribution, is governed by the Italian Civil Code. Italian law applies to the distribution and supply of electrical power under this contract.

ARTICLE 9. ADDITION AND TERMINATION OF SERVICES / CONTRACT MODIFICATIONS

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

Modifications will be prepared on the US Government Standard Form-30 (“SF30”). The Contracting Officer will send the SF30 to the Supplier, and the Supplier shall sign the SF30 and return to the Contracting Officer by email.

Only the Contracting Officer has the authority to sign on behalf of the U.S. Government.

Under this contract, NAVFAC EURAFCENT is entitled to request delivery of electrical power to additional service points, modify/transfer current service points and terminate services – without a change to the award price and other terms and conditions. Only <<other than dwellings uses>> service points shall be added under this contract.

All additions or termination of services shall be effective through a bilateral contract modification. Within 5 days of NAVFAC EURAFCENT’s request to add or terminate services, the Supplier shall provide NAVFAC EURAFCENT documentation demonstrating it has completed the requested addition or termination.

Any charges for electrical power service transfer, connection, activation, and termination will be as provided for the regulated market per ARERA resolutions, net of taxes and deposit, with no markup to the Government.

Any variation in the technical conditions of supply, such as electrical power capacity increases, decreases, or other charges, shall be carried out and charged in accordance with ARERA regulations with no markup to the Government.

NAVFAC EURAFCENT and the Supplier shall execute a bilateral contract modification to acknowledge the addition, termination, or change in technical conditions, and provide an updated Attachment J-200000-02 “Delivery Point Details & Estimated Consumption, which is an integral part of this contract.

The Supplier shall show evidence of timely actions to process requests for electrical power increases, new activations, contract transfers, terminations etc. by forwarding a copy of the relevant application/correspondence submitted to the agencies concerned, such as the Distributor, the Grid Operator, or other appropriate agency, within 5 working days from issuance.

ARTICLE 10. CHANGE IN RATES OR TERMS AND CONDITIONS FOR REGULATED SERVICES

In the event that rules and regulations issued and enforced by regulatory bodies should affect the supply contract terms, the Supplier and the Government will negotiate a modification in order to comply with the requirements within 60 days from one Party’s request to the other Party.

ARTICLE 11. TAXES AND DUTIES

The US Government is exempt from all taxes, including Italian Value Added Tax (IVA), as well as any duty, stamps, or other form of taxation, as per Law N.427/93 art.66, D.Lgs. 504/95 art.17 and D.Lgs. N.26/07 art.52. The Supplier agrees to provide all prices, including subcontract prices, without IVA or any other tax for which the Government is exempt. The services under this contract are for the benefit of the United States Government in its sovereign capacity.

For invoicing purposes, the Supplier shall include the following information on all invoices submitted to NAVFAC

EURAFCENT:

• The contract number;

• The IVA tax exemption claimed pursuant to Decree Law (DL) 633/72, Art. 72, dated October 26, 1972;

and

• One of the following fiscal codes, as applicable:

o Navy: 80156020630 o Air Force: 91000190933

The Supplier may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome, Italy, phone +39 06 520741.

NOTE: The US Government is exempt from stamp tax. However, receipts, bills and invoices issued to joint U.S./NATO Commands may not always be exempt from the stamp tax. As provided at Art. 4, any costs for due stamps (stamp tax) shall be included in the Offeror’s price or discounted on bills when applicable.

In accordance with these provisions, NAVFAC EURAFCENT declares that it is solely responsible for the charges due for the supplies included in this contract and that these supplies are necessary to perform the mission of the U.S.

Armed Forces. With reference to Article 66, comma 21 of Italian Law 427 dated 29 October 1993 addressing the exemption from additional local taxes, this declaration constitutes the attestation that the supplies covered by this contract, including those relating to housing occupied by employees of military bases, are necessary to perform the mission of the U.S. Armed Forces.

The Supplier shall reduce the contract price if it receives a refund from any tax authority for the services provided under this contract. The contract price includes all applicable pass through charges in effect at contract signing.

After-relieved local tax, as used in this article, means any amount of Local excise or duty tax, that would otherwise have been payable on the transactions or property covered by this contract that the Supplier is not required to pay or bear, or for which the Supplier obtains a refund or drawback, as the result of legislative, judicial, or administrative action which took effect after the contract date. The contract price shall be decreased by the amount of any after-relieved local tax.

SECTION G - CONTRACT ADMINISTRATION DATA

INVOICING INSTRUCTIONS

ARTICLE 12. INVOICE AND PAYMENT

The Supplier shall issue invoices on a monthly basis, normally no later than the 20th day of the month following the supply period. “Normally” means that under unusual and justified circumstances bills may be issued later than the 20th of the month. At the same time it issues the invoices, the Supplier shall also provide a copy of the transport bill issued by the Distributor if available or, alternatively, a copy of the spreadsheet reporting the detailed transport costs for all the accounts.

To make the invoices payable by the US Government, the US Government contract number shall be reported on each invoice sent by email in pdf format.

All invoices shall be based on metered quantities at the service point for each account. The Supplier may only invoice for charges allowed under the terms and conditions of this contract. In no event shall the Supplier separately invoice amounts that are already included in the offered price, as provided for under Article 4 “Price of Electrical power Supply.”

All invoices shall comply with ARERA’s transparency regulations, including ARG/com 202/09 and subsequent modifications as applied to electrical power users in the Free Market.

If the Distributor has not provided the Supplier a monthly meter reading on an account, the Supplier shall issue invoices with estimates based on historical consumption of same month, or on the data recorded and provided by the NAVFAC AMI (Advanced Metering Installation) system. The Supplier shall adjust all estimated invoices on the first billing cycle after the Distributor bill provides the meter reading for the account.

In case the Distributor provides meter data in excess of plus or minus 5% (five percent) from the data recorded by the NAVFAC AMI system, NAVFAC EURAFCENT will have the right to withdraw the corresponding incorrect charge from the Supplier’s invoice total amount upon prompt notification to the Supplier. NAVFAC EURAFCENT will request and obtain that the Distributor officially verify and correct the data and the amount charged to be settled on the first following bill.

In case NAVFAC EURAFCENT detects errors or inaccuracies in the invoices and gives written notice to the Supplier, such invoices will be put on hold until the issue is settled and the amount of the undue charge will be credited on the following bill. In the event of errors in billing, NAVFAC EURAFCENT will not be liable for a late payment or additional charges.

In case it is determined any charge invoiced by the Supplier is incorrectly billed to NAVFAC EURAFCENT, the Supplier shall credit the excess amount on the relevant account. Credits due to NAVFAC EURAFCENT will be indicated in the next invoice(s), and the Supplier shall cooperate with NAVFAC in maintaining and managing a detailed record of any overpayments in order to ensure a fast recovery of all credits.

If there is a credit after contract expiration, the Supplier shall reimburse NAVFAC EURAFCENT via electronic fund transfer (EFT) or bank transfers to a United States Government (USG) Euro bank account. NAVFAC EURAFCENT will provide an appropriate EFT routing information when required. The bank transfer shall include all information needed to identify reference invoices and credits.

The Government cannot accept stand-alone credit invoices. The Government can only accept credit invoices if in a debit amount. The Supplier shall notify NAVFAC EURAFCENT in advance if it intends to issue a credit invoice.

All invoicing shall be based on metered quantities at the service point for each account.

The Government will normally pay invoices within 45 calendar days receipt through e-mail of a complete and proper invoice to the office designated whose email addresses are provided below.

Within 15 working days after contract award, the Supplier shall provide NAVFAC EURAFCENT with the information required to pay invoices via bank transfer. The Supplier shall email this information directly to the emails below and the Contracting Officer.

The Contracting Officer may determine that another method of payment besides bank transfer is appropriate for one or more areas of supply. The Contracting Officer will notify the Supplier as appropriate.

The Supplier shall promptly notify the Contracting Officer of any change affecting the payment of invoices.

If the Government payment is delayed beyond 45 days after receipt of the invoice, the invoiced amount will be increased by applying the current Legal Interest rate (Tasso di Interesse Legale and/or Tasso di Interesse Moratorio) established by law. The interest rate will be as published in the Gazzetta Ufficiale.

NAVFAC EURAFCENT will perform payments only upon receipt of specific invoices, including but not limited to one-time amounts due to the distributor for connection charges. Cost estimates/proposals are not considered substitute to invoices. Official acceptance of a cost proposal and following contract modification, constitute an obligation to pay the accepted amount(s).

Submission of Invoices.

The accounts listed in attachment J-20000-02 shall be addressed to different competent offices as indicated below:

“The Supplier may submit paper invoices, only if required by Italian or Supplier’s internal regulation, to the following addresses:

• For accounts in Aviano area (AF1-Oth):

o 31CES/CEO - Area C USAF o Via Aeroporto, 33081 Aviano (PN) o Attn: Mr. Mauro Bomben

• For NSA Naples area (NV1):

o U.S. Naval Support Activity Naples o Public Works Department - Utility Branch BLDG 407 1st floor. Viale Porto, Box 22, Aeroporto di

Capodichino 80144 Napoli o Attn: Luca Guadagnuolo - Nicola Tortorella

• For NAS Sigonella area (NV2):

o U.S. Naval Air Station 2 Sigonella Public Works Officer - Budget Dept.

o S.P. 69/11- Sigonella, 95121 Catania o Attn: Mr. Antonio Bocchieri

The Supplier shall email a pdf of all invoices to the following email addresses:

For accounts in Aviano area (AF1-Oth):

• m-navfac-eac-af-aviano-ut-billing@us.navy.mil For NSA Naples area (NV1):

• m-navfac-eac-pwd-naples-ut-billing@us.navy.mil For NAS Sigonella area (NV2):

• m-navfac-eac-pwd-sig-ut-billing@us.navy.mil

Invoices shall be grouped per area and sent in a single email. In the case that email and attached file exceeds the size of 5MB, the email shall be divided into multiple emails (clearly labeled “1 of n”, “2 of n”, etc) each one of approximately 5MB or less. No file .zip will be acceptable.

The official receipt date will be the date the invoices are emailed to the respective points of contact.

mailto:m-navfac-eac-af-aviano-ut-billing@us.navy.mil mailto:m-navfac-eac-pwd-naples-ut-billing@us.navy.mil mailto:m-navfac-eac-pwd-sig-ut-billing@us.navy.mil

If the invoice file cannot be sent electronically via email in PDF format because of server size limitations or any other serious technical problem, the invoice file may be sent on a CD or DVD via courier, express mail or a similar mail service. If this alternative method of delivery is used, the Supplier will provide email notice to NAVFAC EURAFCENT regarding this alternative method. The alternative method of delivery must ensure mailing is made within the following workday of the invoice date. The date the package is received by the U.S. NAVFAC EURAFCENT will be considered the official receipt date. It is the Suppliers responsibility to send an email and receive confirmation that the invoice was received by NAVFAC EURAFCENT.

SECTION I - CONTRACT CLAUSES

ARTICLES

ARTICLE 13. JOINT VENTURE AGREEMENTS

Joint Ventures (JVs) in possession of the proper legal authority can participate in this solicitation. JV Offerors proposals shall include a notarized Joint Venture Agreement that establishes the JV. The Joint Venture Agreement shall include, at a minimum, the documents listed in Sec. L. The JV Agreement shall be in effect upon the submission of the proposal and remain irrevocable for one year after the work has been finally inspected and accepted by NAVFAC EURAFCENT.

The Government reserves the right to review the Joint Venture Agreement to determine its basis and compliance with the applicable laws and with regard to determining the Offeror’s responsibility.

The Supplier shall promptly notify the Contracting Officer of any changed circumstances affecting the internal composition of the existing JV and/or its potential liabilities in relation to the contract (bonds, insurance, etc).

Any change in the composition of the JV will require the JV to formally request a Novation Agreement, which will be approved/disapproved at the discretion of the Contracting Officer.

The financial responsibility relevant to the Bank Guarantees shall be evenly shared among the JV members. The Bank Guarantee MUST be in the name of the joint venture or in the name of all joint venture members.

ARTICLE 14.

ARTICLE 15. TERMINATION FOR THE GOVERNMENT’S CONVENIENCE

The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Supplier shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Supplier shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Supplier can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Supplier shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Supplier’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

ARTICLE 16. TERMINATION FOR DEFAULT

The Government may, in writing, terminate this contract, or any part hereof, for cause in the event of any default by the Supplier, or if the Supplier fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for default, the Government shall not be liable to the Supplier for any amount for supplies or services not rendered, and the Supplier shall be liable to the Government for any and all rights and remedies provided by law.

ARTICLE 17. FAILURE TO MEET CONTRACT TERMS

If the Supplier fails to meet one or more terms of the contract, the Supplier shall resolve, or cure, the issue within fifteen (15) working days after notification by the Government unless a different time period is approved by the Government.

ARTICLE 18. FORCE MAJEURE

The Supplier shall not be liable for nonperformance if it is caused by an occurrence beyond the reasonable control of the Supplier and without its fault or negligence.