RFP Solicitation No. 47PA0724R0007 - FY24 NY Competitive Electricity Supply.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

EQPMPB-24-0013 2

47PA0724R0007

Mark West 202-501-0465

PMPB

PMPB

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

Individual ordering agencies

See below for additional information

Mark West

221122

6/28/2024

8/1/2024

3:00 PM EST

Carbon Pollution-Free Electricity/ Clean Energy Division 1800 F Street, NW Washington, DC 20405 USA

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

Table of Contents

SECTION A: SCOPE OF WORK 5

A.1 GENERAL 5

A.2 DEFINITIONS 6

A.3 NOMINATING AND BALANCING RESPONSIBILITIES 6

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE 6

A.5 RISK OF LOSS 6

A.6 PROTECTION OF CONTRACT INFORMATION 6

A.7 PAYMENT AND BILLING 6

A.8 REQUESTS FOR EXTENSION 7

A.9 RESERVED 8

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT 8

A.11 CARBON POLLUTION-FREE ELECTRICITY IN THIS CONTRACT 8

A.12 RENEWABLE POWER / RENEWABLE ENERGY 8

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT 8

A.14 ELECTRICITY REGULATORY CHANGES 8

A.15 CONTRACT ADMINISTRATION 9

A.16 AUCTION PROCESS FOR PRICING USING ENEL X 9

A.17 ENEL X FEE 9

A.18 DAMAGES FOR MISSING CONTRACT START DATE 10

SECTION B CONTRACT CLAUSES 13

B.1 CLAUSES INCORPORATED BY REFERENCE 13

B.2 CLAUSES INCORPORATED BY FULL TEXT 14

B.3 GSAM/R PROVISIONS INCORPORATED BY REFERENCE 32

B.4 GSAM CLAUSES INCORPORATED BY FULL TEXT 32

SECTION C SUBMISSION REQUIREMENTS 39

C.1 EVIDENCE OF TECHNICAL ACCEPTABILITY 39

C.2 PRICE PROPOSAL 40

C.3 SUBMISSION OF PROPOSALS 42

SECTION D EVALUATION FACTORS FOR AWARD 44

D.1 EVALUATION 44

D.2 BASIS FOR AWARD 44

D.3 POST AWARD REQUIREMENT FOR SERVICE START DATE REPORTING 44

SECTION E LIST OF ATTACHMENTS AND EXHIBITS 45

1. ATTACHMENT 1: TECHNICAL PROPOSAL CHECKLIST 45

2. ATTACHMENT 2: CONTRACTOR INFORMATION 45

3. ATTACHMENT 3: PRICE COMPONENT CONFIRMATION TABLE 45

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

FORM 45

5. ATTACHMENT 5: SUBCONTRACTING PLANS 45

6. ATTACHMENT 6: 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES 45

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

7. ATTACHMENT 7: VERIFICATION FROM RENEWABLE POWER / RENEWABLE ENERGY

SUPPLIER 45

8. ATTACHMENT 8: RENEWABLE POWER / RENEWABLE ENERGY GENERATOR REGISTRATION FORM 45

9. ATTACHMENT 9: RENEWABLE POWER / RENEWABLE ENERGY VERIFICATION 45

10. ATTACHMENT 10: RENEWABLE POWER / RENEWABLE ENERGY CERTIFICATE NOTIFICATION 45

11. ATTACHMENT 11: RENEWABLE ENERGY / RENEWABLE ENERGY ELECTRICITY CALCULATIONS 45

12. ATTACHMENT 12: RESERVED 45

13. ATTACHMENT 13: RESERVED 45

14. ATTACHMENT 14: RESERVED 45

15. ATTACHMENT 15: RESERVED 45

16. ATTACHMENT 16: RESERVED 45

17. EXHIBIT 1: EXCEL FILE WITH AUCTION SCHEDULE AND ACCOUNT USAGE INFORMATION 45

NOTE: ALL QUESTIONS MUST BE SUBMITTED VIA

ELECTRONIC MAIL TO Mark2.West@gsa.gov , Ky.Nguyen@gsa.gov and Bonnie.Bueter@gsa.gov mailto:Mark2.West@gsa.gov mailto:Ky.Nguyen@gsa.gov mailto:Bonnie.Bueter@gsa.gov

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

SECTION A: SCOPE OF WORK

A.1 GENERAL

The U.S. General Services Administration (GSA or Government) is requesting proposals for the supply of all electricity supply commodity components up to the Delivery Point as specified in Attachment 3 of this solicitation for Federal facilities located in the Local Distribution Utility (LDU) service territories within the state of New York. The Delivery Point for such electricity shall be the independent system operator (ISO)/utility interconnect for the specific facilities identified in Exhibit 1 of this solicitation. The LDU will then distribute the electricity to the Government’s individual meters. Pricing is to the Delivery Point and shall include all cost components specified in Attachment 3 of this solicitation. The Contractor shall supply the full requirements of such electricity for a term of up to thirty-six (36) full monthly billing cycles for accounts included in this contract. The Contractor shall bill in accordance with Attachment 3 of this solicitation. The Government has placed its requirements into seven (7) Pricing Groups, as indicated in Exhibit 1 . The service start date for all accounts shall begin with the first utility meter read date as specified by the utility for the month listed in Exhibit 1 for each account.

All quantities required to be supplied to facilities included in this contract shall be considered firm requirements (“firm” means electric supply that will not be interrupted except as permitted under this contract) for delivery by the Contractor to the Delivery Point. The Contractor shall be liable for all costs assessed to facilities arising out of or relating to the non-delivery of firm requirements. The electricity provided under this contract shall conform to the tariff of the interstate/intrastate transmitting utility and the LDU at the Delivery Point. The Government has organized its requirements for this solicitation in Exhibit 1 , as described below.

Exhibit 1 includes: (1) LDU rate schedule, (2) LDU account number, (3) Agency/account holder, (4) General Service Location, (5) LDU, (6) Monthly consumption (kWh), (7) Registered monthly on-peak demand (KW) per LDU tariff definition, (8) Registered monthly maximum demand (KW) per LDU tariff definition, (9) Monthly on-peak KWH per LDU tariff definition, (10) Monthly interim KWH per LDU tariff definition, (11) Monthly off-peak KWH per LDU tariff definition, (12) Monthly billing days, (13) Monthly load factor, (14) Range of meter read dates throughout the year, and (15) Weather hourly interval data.

A.2 DEFINITIONS

For purposes of this contract, the following definitions apply to the contract and its attachments:

Balancing Authority: Also known as Control Area, is an electric power system or combination of electric power systems bounded by interconnection metering and telemetry to which a common generation control scheme is applied. For purposes of this solicitation, the Balancing Authority is the Midcontinent Independent System Operator (MISO).

Carbon Pollution-Free Electricity (CFE): means electrical energy produced from resources that generate no carbon emissions, including marine energy, solar, wind, hydrokinetic (including tidal, wave, current, and thermal), geothermal, hydroelectric, nuclear, renewably sourced hydrogen, and electrical energy generation from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that meets Environmental Protection Agency (EPA) requirements. ( See Sec. 603(d) of Executive Order (E.O.) 14057)

Energy Attribute Certificate (EAC): is any instrument that conveys information (attributes) about a unit of energy, including the resource used to create it and the emissions associated with its production and use. EACs provided under this contract must contain enough detail to satisfy the requirements of this contract.

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

Kilowatt Hour or kWh: means 1,000-watt hours and represents one kilowatt of power expended for one hour of time.

Megawatt or MW: means a unit for measuring power that is equivalent to one million watts (equivalent to one joule per second).

Renewable Energy Certificate or REC: means the technology and environmental (non-energy) attributes that represent proof that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource, and can be sold separately from the underlying generic electricity with which it is associated. (Sec. VII of M-22-06) These are unique certificates that represent all the environmental attributes or benefits of a specific quantity of renewable generation. RECs are created when a renewable energy facility generates electricity. A REC is a type of EAC and may fulfill the requirement to provide a CFE EAC where appropriate so long as all other contractual requirements are met.

For the purposes of this solicitation, Renewable Power shall have the same definition as Renewable Energy and are used interchangeably .

Renewable Energy: means marine energy (as defined in 42 U.S.C. 17211), or electric energy produced from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. Renewable Energy and biomass shall have the definitions as specified by the Energy Policy Act of 2005, currently codified at 42 U.S.C. 15852(b)(2).

A.3 NOMINATING AND BALANCING RESPONSIBILITIES

It is the Contractor’s responsibility to conduct all required nominations on behalf of the facilities specified in Exhibit 1 . The Contractor shall be fully familiar with the imbalance, transmission grid loss and line loss policies of both the LDU and the interstate/intrastate transmission companies. The Contractor shall be liable for all costs arising out of or relating to these items.

A.4 CREDIT FOR DEFAULT SUPPLY SERVICE

If at any time, unless as a result of an Excusable Delay (see FAR 52.212-4(f)), an account covered by this contract is forced to switch to the LDU solely as a result of action/inaction by the Contractor, the Contractor shall be responsible for payment of any additional costs incurred.

A.5 RISK OF LOSS

Risk of loss of electricity supplied under this contract shall remain with the Contractor prior to the Delivery Point and shall pass to the Government at and after the Delivery Point specified for each facility.

A.6 PROTECTION OF CONTRACT INFORMATION

The Government will take the necessary and usual steps to maintain the confidentiality of information submitted by offerors prior to award of the contract. The Contractor is advised that the Government will make all contract prices publicly available for the full contract period.

A.7 PAYMENT AND BILLING

The Contractor expressly agrees and acknowledges that each Government facility to which supplies or services are provided pursuant to this contract will be separately responsible for and liable to pay for any such supplies or services. For the avoidance of doubt, GSA will be the responsible party for purposes of making payments for the accounts only where GSA is listed as the Agency on Exhibit 1 .

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

The Contractor will submit a monthly invoice to the Government facility for supplies and services rendered the previous month. The invoice should include the amount of kWhs measured at each meter and must be consistent with the rules of the New York Public Service Commission (NYPSC) regarding issuance and format of bills. The Contractor shall use the LDU's meters, meter readings, and billing cycles for the computation of bills. The Contractor must establish a unique supplier account number for each end-use Government account and provide the corresponding LDU account number on each monthly bill. The Contractor also expressly agrees and acknowledges they will be required to submit invoices in accordance with each end use agency’s billing requirements and systems which can include requirements for invoices to be submitted through online systems.

It shall be the Contractor’s responsibility to know and understand the specific details and requirements for monthly billing, reporting, and coordination with the LDUs. Payment shall be in accordance with FAR 32.9 (Prompt Payment). If payment is to be made by electronic funds transfer, the provisions of FAR 32.11 (ELECTRONIC FUNDS TRANSFER), including the clause at 52.232-33 shall apply. Contractor invoices must match the company’s name and payment information for the Contractor in relation to invoices rendered must match the SAM.gov Unique Entity ID, Tax Identification Number and Cage Code specified in Attachment 2 .

A.8 REQUESTS FOR EXTENSION

The Government may request extension of performance, one or more times, in accordance with the existing contract terms and conditions, so long as the total additional performance period does not exceed twelve (12) months.

Pricing for the extension term will be in accordance with market movement comparing market prices on the day of contract award with settle prices for the previous trading day to the day the Government requests a contract extension.

For purposes of this solicitation, the comparison will be based on applicable pricing zones’ Around the Clock (ATC) settle prices and term awarded for each pricing group on the day of the auction and settle prices for the previous trading day to the day an extension price is requested by the Government for the same pricing group or groups. The applicable pricing zone for each included account will be included in the Exhibit 1 file.

The auction day settle prices will be load weighted with the applicable pricing zones monthly contract volumes included in the Exhibit 1 for each pricing group the Government requests an extension for. The Government will provide a copy of the ATC settle prices and monthly volumes for each pricing group in the fully executed contract.

The settle prices will be load weighted with the applicable pricing zones extension volumes provided by the Government for each pricing group at the time of extension request.

Pricing for the extension term shall be determined by calculating the percentage difference between the load weighted auction day and previous trading day settle prices and applying that percentage difference to the original auction price under this Contract.

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

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

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

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

A.9 RESERVED

A.10 ADDING AND DELETING FACILITIES TO THIS CONTRACT

It is possible that additional accounts not included in Exhibit 1 may be added to the resultant contract(s). In that event, the Government will provide the Contractor with the facility’s estimated 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.

If the Government removes any facilities listed in Exhibit 1 , the Government shall provide the Contractor with a written notice 45 business days before any such removal. The Government may unilaterally remove any facilities at its discretion. If accounts are removed, the methodology provided in the Tailored Addendum to FAR 52.212-4

(l) - Termination for the Government’s Convenience shall be used to calculate the early termination charges, if any. The provisions of this paragraph shall not apply to accounts with early end dates noted in Exhibit 1 at the time of contract award.

A.11 CARBON POLLUTION-FREE ELECTRICITY IN THIS CONTRACT

Section 203 of Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability , December 8, 2021) set a goal for the Federal Government to achieve 100% carbon pollution-free electricity (CFE) on a net annual basis by 2030, including 50% 24/7. If during the term of the contract, CFE becomes available in the NYISO grid region, the Government may be interested in a future bilateral modification(s) to require up to 100% CFE. The Contractor must be willing to discuss such delivery.

To count toward the Federal Government’s goal of achieving 100% CFE by 2030, the CFE EACs must be sourced from generation resources that:

● Produce CFE (based on the above definition);

● Were placed in service on or after October 1, 2021, either as a new resource or as new capacity at an existing resource modified to increase output; and

● Deliver CFE to the NYISO Balancing Authority.

A.12 RENEWABLE POWER / RENEWABLE ENERGY

The Contractor shall deliver wind or solar RECs equal to eight (8.0%) of total usage required for all accounts included in each Pricing Group as specified in Section C.2 and Exhibit 1. The Renewable Power requirement is load following and the number of RECs delivered will be based on actual usage for each account. The REC content requirements are in addition to any RenewablePower required to comply with the State of New York’s Renewable Energy Standards (RES) requirements, if any, during the term of any resultant contract(s). The Renewable Power that the Contractor provides must come from renewable resources that have been placed in service within 10 years prior to the start of the Government’s fiscal year for each year of the contract. For example, for the contract’s first year, resources will need to have been placed in service on or after October 1, 2014.

Annual Renewable Report

The Contractor shall provide an annual report. The annual reporting period shall be October 1 through September

30. The annual report shall contain the following elements:

(a) Verification of the product content for the annual reporting period that:

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/08/executive-order-on-catalyzing-clean-energy-industries-and-jobs-through-federal-sustainability/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/08/executive-order-on-catalyzing-clean-energy-industries-and-jobs-through-federal-sustainability/

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

(1) Indicates the source of new Renewable Power, zip code of the source and the EGRID subregion for the new source; and

(b) Verification that:

(1) The Contractor has not sold the Renewable Power more than once (as either a Renewable Power product or as a REC product), and in the case of a reseller that purchases a wholesale product for retail sale, reasonable measures are taken to ensure that suppliers also do not sell Renewable Power more than once;

(2) All environmental attributes, including any attendant emission credits which are specifically owned by or to which the Renewable Power generator is otherwise entitled convey to the purchaser (i.e., Government);

(3) The Contractor has not sold any emission allowances/credits, or other environmental attributes which are specifically owned by or to which the Renewable Power generator is otherwise entitled to convey associated withRenewable Power; and

(4) The Renewable Power that is used to fulfill the requirements of this solicitation is also not being used to meet any federal, state, or local renewable energy requirement, renewable energy procurement, renewable portfolio standard, or other renewable energy mandate.

The Annual Report shall be submitted to both the CO and CS at the addresses specified in Section A.15 no later October 31 each year and shall contain Attachments seven (7) through eleven (11). While the annual report is due to GSA no later than October 31st each year; if needed, the Contractor may update the report no later than December 1st each year. Contractor must state in the email where they submit their report as to whether the report is final or if an updated report will be provided to GSA.

Renewable Power Vintage: To qualify as an eligible REC under this contract, the Renewable Power must be generated during the Government’s applicable fiscal year calendar (October 1 through September 30) for each year of the contract,or the six (6) months immediately preceding or the three (3) months immediately following that time period (e.g., April 1, 2024 through December 31, 2025 for fiscal year 2025).

A.13 LOAD CHANGES DURING THE TERM OF THE CONTRACT

As indicated in Section A.1, this contract is for the full requirements of each account at the Delivery Point. The full requirements are expressed as estimates on Exhibit 1 of the solicitation. The Government does not estimate that its aggregate load will change in a significant manner throughout the term of this contract unless noted on Exhibit 1 . The Government considers an annual change in the aggregate kWh consumption of each pricing group in excess of twenty percent (20%) each contract year to be significant. The historical volumes are given in Exhibit 1 and these volumes will be used in determining annual changes. In the event of a significant change in contract load, the Government agrees, if requested by the Contractor, to negotiate in good faith with the Contractor to equitably adjust the contract price to account for the incremental costs, if any, associated with such load change beyond the twenty percent (20%) measurement threshold. Any proposed adjustments to contract pricing must compare the contract price with the market price at the time of usage deviation to arrive at an adjustment to contract pricing. The Government will notify the Contractor of any significant anticipated load changes as soon as it becomes aware of such anticipated changes.

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

A.14 ELECTRICITY REGULATORY CHANGES

(a) The contract price includes all applicable Federal, State, and local regulations including ISO/RTO charges expected to be in effect and applicable to this contract at the time of contract award. This includes all Price Components listed in Attachment 3.

(b) After-Imposed Charges Due to a Change of Federal, State, or Local Regulation, means any new or modified Federal , State, and/or local regulation including ISO/RTO charges on the transactions covered by this contract that result in new or increased charges that the Contractor is required to pay or bear as the result of legislative, judicial, regulatory or administrative action taking effect after the contract award date.

(b)(1) The contract price shall be increased by the amount of any after-imposed charges due to a change of Federal, State, or local regulation, provided the Contractor warrants in writing that no amount for such newly imposed Federal, State, and local regulation or rate increase was included in the contract price, as a contingency reserve or otherwise, and that the Contractor provides sufficient documentation to support the increase.

(c) After-Relieved Charges Due to a Change of Federal, State, or Local Regulation, means any Federal, State, and/or local regulation including ISO/RTO charges on the transactions covered by this contract that the Contractor is no longer required to pay or bear, or for which the Contractor obtains a refund or reduction, as the result of legislative, judicial, regulatory or administrative action taking effect after the contract award date.

(c)(1) The contract price shall be decreased by the amount of any after-relieved charges due to a change of Federal, State, or local regulation.

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

(e)The ceiling price for after-imposed regulatory costs is limited to 50% of the contract price.

(e)(1) The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth has been increased, any costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the costs had been incurred after the increase in the ceiling price.

A.15 CONTRACT ADMINISTRATION

After award, this contract shall be administered by the GSA Clean Energy Division. The CO and CS for the administration of this contract is:

Mark West, Contracting Officer Ky Nguyen-Zubroski, Contract Specialist Carbon Pollution-Free Electricity/ Carbon Pollution-Free Electricity/ Clean Energy Division Clean Energy Division 1800 F Street, NW, Washington, D.C. 20405 1800 F Street, NW, Washington, D.C. 20405 202-710-4642 cell, 202-501-0465 office 682-216-5334 cell, 817-850-8479 office Mark2.West@gsa.gov Ky.Nguyen@gsa.gov mailto:Mark2.West@gsa.gov

RFP 47PA0724R0007 GENERAL SERVICES ADMINISTRATION

R2 - NEW YORK - NYISO FY24 COMPETITIVE ELECTRICITY SUPPLY

A.16 AUCTION PROCESS FOR PRICING USING ENEL X

The Government shall use an internet-based transaction platform provided by Enel X North America, Inc. (Enel X), the Government’s third-party contractor, to obtain pricing for this procurement. The Contractor shall submit pricing to GSA using the Enel X platform in accordance with the instructions in Section C and the Enel X website. All prices submitted to the Enel X transaction platform shall be in accordance with the provisions of the solicitation. It shall be the responsibility of the offeror to understand both the rules and the mechanics of the Enel X transaction platform.

A.17 ENEL X FEE

The Contractor hereby agrees to pay a fee in the amount of $0.00070 per kWh for all usage billed under this contract. The Contractor shall pay the fee directly to Enel X in accordance with the agreement, if any, executed between the Contractor and Enel X. The Contractor expressly recognizes and understands that the Government is not responsible for paying the fee to Enel X. To the extent a dispute occurs between the Contractor and Enel X regarding the fee, any such dispute shall be handled in accordance with the agreement executed between the Contractor and Enel X.

A.18 DAMAGES FOR MISSING CONTRACT START DATE

In the event that the start date for electric supply is missed due solely to the fault of the Contractor and an account(s) is required to switch to the LDU, then the Contractor shall be liable for the difference, if any, between the contract rate and the rates billed by the LDU. Subject to the approval of the Contracting Officer, the Contractor will issue an equivalent credit to the Government on a future invoice. This credit must be issued within sixty (60) days of the date the Contractor begins serving the account.

SECTION B CONTRACT CLAUSES

In the event of any inconsistencies between non-mandatory FAR and GSAM clauses incorporated by reference herein or elsewhere and any clauses set forth in full text in this Contract, the full text clauses shall control.

B.1 CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

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

(End of Clause)

The following FAR clauses are incorporated by reference:

FAR Clause Title IAW Date

52.204-7 System for Award Management FAR 4.1105(a)(1) Oct 2018

52.204-13 System for Award Management Maintenance FAR 4.1105(b) Oct 2018

52.204-17 Ownership or Control of Offeror FAR 4.1804(b) Aug 2020 http://www.acquisition.gov/content/regulations

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52.204-19 Incorporation by Reference of Representations and Certifications FAR 4.1202(b) Dec 2014

52.204-22 Alternative Line Item Proposal FAR 4.1008 Jan 2017

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

FAR 25.1103(e) Jun 2020

52.227-14 Rights in Data-General FAR 27.409 May 2014

52.232-18 Availability of Funds FAR 32.706-1(a) Apr 1984

52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 32.009-2 Mar 2023

52.242-13 Bankruptcy FAR 42.903 Jul 1995

B.2 CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has * represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26 , Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3 , Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26 , or in paragraph (v)(2)(ii) of the provision at 52.212-3 .

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25 , Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition .

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM ) ( https://www.sam.gov ) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation . The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer :

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

https://www.sam.gov/

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(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer :

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders — Prohibition (Dec 2023) Alternate I

(DEC 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

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(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

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(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition . (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

Yes ☑ No □ DHS FASCSA Order

Yes ☑ No □ DoD FASCSA Order

Yes ☑ No □ DNI FASCSA Order

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

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(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

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(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil .

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the…