SF 1449 - N3319126R0003.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 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 NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

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 Government 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: REFERENCE 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. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form Continuation

NSF Deveselu Electrical Service

N3319126R0003

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Provide high voltage electricity at US Naval Support Facility, Romanian Military Base, Deveselu, Romania

Pricing Arrangement: Firm Fixed Price

26,250,000 Kilowatt Hour

Continuation of Description

STATEMENT OF WORK

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND EUROPE AFRICA CENTRAL (NAVFAC EURAFCENT) is the United States Government (hereinafter Government) agent delegated to procure electricity for supply and transmission of electricity and ancillary services to United States of America Department of Defense (DoD) accounts located at Deveselu, Romania. The location in the electrical grid is identified by the Point of Delivery (POD) # 51648943.00 and current Account Number RO39RNCB0607111320680001. The site has been operational since 2015.

The estimated amount of energy to be supplied is 26,250 megawatt hours (MWh) over the 24 month term of the agreement, for an annual estimated consumption of 13,125 MWh. The Supplier shall furnish all labor, management, supervision, tools, materials, equipment, incidental engineering and transportation, except otherwise specified herein, necessary to perform these services.

The Supplier shall provide services herein over the 24 month period of performance from January 1, 2026 - December 31, 2027.

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

In the event of any inconsistency between the terms of this agreement and any of the Supplier's rules and regulations, the terms of this agreement shall control.

Article 1. Communication and Agreement Modifications

Communication between the Parties concerning the agreement administration and modifications will be conducted in writing.

Such communication will be sent by email with all correspondence attached in .pdf format to the email addresses listed below:

Name Role Email Phone

Alex Wingert Contracting Officer alex.h.wingert.civ@us.navy.mil Comm +39.0815685517

Paul Martha Contracting Officer paul.m.martha.civ@us.navy.mil Comm +39.0815686401

Raffaele Castellano Technical raffaele.castellano.ln@us.navy.mil Comm +39.0815684277

The Supplier shall ensure that all correspondence addressed to the Government is submitted in English, or Romanian and English.

The primary point of contact for this agreement is the Contracting Officer and Contract Specialist for contractual matters. Each modification to the agreement shall be performed through the bilateral completion of the Standard Form 30 (SF30), by Government and Supplier. The Government shall issue an SF30 to the Supplier who will countersign and return to the Government within two (2) weeks by email in pdf format. A sample SF30 is provided as informational Exhibit G to the solicitation, and attached as Enclosure (1) to the awarded contract.

The Supplier shall designate at least two technical points of contact (a primary and a deputy) to be responsible for all the business relations with the Government. The point of contact shall not be a Call Center and shall provide full and prompt assistance to any issues regarding the agreement administration. No later than 10 working days prior to the commencement of the performance period, the Supplier shall notify the Contracting Officer via email of the name, email address, and telephone numbers of the Supplier's key representatives for this agreement. Should a point of contact be replaced, the Supplier shall provide the new point of contact to the Government within five (5) working days of replacement.

If, during the term of this AGREEMENT, there is an approved change in the regulatory rates noted in this article for services obtained under this agreement, the Supplier agrees to continue to furnish, and the Government agrees to continue to pay for, those Services at the newly approved rates from and after the date such a rate change is made effective. A modification to this agreement is not necessary to implement these changes. The Supplier shall provide notice of any change in Tariffs/Regulatory Rates as issued by Romanian Energy Regulatory Authority (ANRE).

Article 2. Conditions of the Supply and Transmission of Electricity and Ancillary Service

Upon execution of the agreement, the Government authorizes and the Supplier agrees to establish an access tariff agreement with the Distributor, for current 6,300 kilowatt (kW) of peak demand capacity, under 20 kilovolt (kV) voltage.

The Supplier shall establish the terms of the agreement with transmission operator, the local distributor or other subjects involved in the supply management; in particular, the Supplier shall be responsible for electricity transmission and distribution contracts for the delivery point in accordance with the ANRE.

The Supplier and the Distributor shall have access to the premises served at all reasonable times during the term of this agreement and for a reasonable period of time following its expiration or termination, to perform certain work on any equipment and systems of its own property, which shall include but not be limited to the following: for the purpose of reading meters, making repairs, or removals of the Distributor's equipment, or for any other proper purposes hereunder provided, however, that proper military or other governmental authority may limit or restrict such right of access in any manner considered to be reasonably necessary or advisable. However, any such limitation or restriction will not be to the extent that it prohibits the Supplier and Distributor's ability to render the services and complete any work required under this Agreement.

Metering equipment of standard manufacture supplied by the Distributor hereunder shall be furnished, installed, calibrated and maintained by the Distributor at its expense provided the US Government does not tamper with the equipment.

The electricity supply shall be continuous and non-interruptible.

In the event of service interruptions scheduled by the Distributor for maintenance reasons, the Supplier shall engage with the Distributor to pursue at least seven (7) working days' advance notice to the Government, informing the Government on time and duration of the power interruption.

The quantity of the electricity consumed under the agreement is subject to ordinary variations due to various causes. Such variations shall not justify failure to deliver electricity nor justify any Supplier claims against the Government.

The Supplier shall not request any revision to prices if, at the completion of the billing month, consumption resulted in lower or higher usage than the Government's estimate. Likewise, should consumption be higher than estimated, the Government shall not request any discount at the completion of the billing month.

The Government only agrees to purchase and pay for electricity supplied by the Supplier as recorded by the Distributor's official meters and at the agreed prices. Transmission, distribution and ancillary services will be invoiced by the Supplier as detailed in Article 11.

Through the duration of this agreement, the Supplier shall make the following available to the Government by the 15th of every month (this is subject to the metering data submission from the Distributor), through a secure website using a password unique to the Government or through email sent to the email addresses listed in Article 1.

hourly consumption interval data, reported in table format whose sample is found in the informational Exhibit E to the solicitation, and that will be shown as Enclosure (2) to the awarded contact - or in a similar 15 minute interval data format if recorded and available.

Failure to meet these terms will be governed by the procedure in Article 15.

Unless otherwise agreed to by both Parties, payments will be made via bank transfer through the proper Payment Offices as detailed in Article 11.

Article 3. Period of Performance

The agreement performance shall begin on January 1, 2026 at 00:00 CET - Central European Time. The agreement performance period ends on December 31, 2027 at 24:00 CET - Central European Time.

Article 4. Unit Price of Supply

The Firmed Fixed Offer Price (FFOP) unit per megawatt hour (Lei/MWh) shall include all electric energy charges except tariffs, duties and/or regulated pass-through charges.

The unit price per megawatt hour (Lei/MWh) may be different for each year.

The awarded FFOP unit will be as submitted by the awardee offeror on Exhibit C "Price Proposal table" as per Section L & M and attached to the contract as Enclosure (3).

All regulated distribution tariffs, transmission tariffs, taxes and duties (reference article 9), and any regulated pass through charges as listed in Enclosure (4) "Regulated Charges Information" form shall NOT be included in the FFOP.

The regulated pass-through charges will be as submitted by the awardee offeror on Exhibit D as per Section L & M and attached to the contract as Enclosure (4).

Enclosure (4) is signed, stamped, and made part of this contract, and incorporates a declaration stating that "The listed tariff components are not included in the offer price and will be the only regulated tariff items invoiced as pass-through charges. Tariff rates are subject to modification by Romanian regulator ANRE". The Supplier will promptly notify such changes to the Government.

Article 5. Offer Conditions and Award Criteria

Instructions to offerors, basis for award, and conditions for receipt of Offeror's Technical and Pricing Offers are described in Sections L & M of this solicitation.

Article 6. Special Provisions

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 the regulator.

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 7. Bank Guarantee

Not Applicable to utility contracts in Romania.

Article 8. Choice of Law

The Supplier will adhere to the rules and regulations implemented by the Romanian Regulation Authority ANRE, and other Romanian governing bodies as applicable, for the purposes of electricity regulation. The regulation of electricity in Romania, to include supply, transportation and distribution, is governed by the Romanian Civil Code. Romanian law applies to the distribution and supply of electrical power under this contract.

Article 9. Change in terms and conditions for regulated services

If changes to rules or regulations issued by regulatory bodies impact the supply agreement terms, the Supplier and the Government will negotiate a modification to ensure compliance within 60 days of either Party's request.

Article 10. Taxes and Duties

The Supplier represents that the contract price, including subcontract prices, do not include any other taxes from which the United States Government is exempt, based on the following international agreements:

The Government is exempt from payment of "Value Added Tax" (VAT) tax in accordance with the Status of Forces Agreement between the United States of America and Romania, signed October 30, 2001.

The Supplier may address questions regarding the VAT tax to the Ministerul Economiei si Finantelor-Directia Generala Legislatie Impozite Directe.

The US Romania SOFA Supplemental Agreement (2001):

Article X, Official Tax Exemptions, exempts US forces and its Suppliers "shall not be subject to direct or indirect taxation." "With respect to the value added tax (VAT), exemptions shall apply to articles and services acquired by the United States forces, or by its Suppliers when acting for or on behalf of the U.S. forces. "Article

XX Contracting Procedures, 4 states "Romania shall accord to the force treatment in the matter of procurement of goods, services and utilities not less favorable than is accorded to Romanian Armed Forces."

In accordance with this provision, the Government 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 U.S. Armed Forces' institutional mission.

INVOICING INSTRUCTIONS

Article 11. Invoice and Payment

An invoice must include:

Name and address of the Supplier;

Invoice date and number;

Agreement number, line item number

Description, quantity, unit of measure, unit price as defined in Article 4, Enclosure (4) charges, and extended total price;

Dates of service

In the event the Distributor has not performed a meter reading on the account, the Supplier shall invoice on the basis of historic monthly consumption. Estimated bills shall be reconciled with actual readings on the first billing cycle after the Distributor bill is made available. The resulting debits or credits will be applied to the next invoice produced by the Supplier and must be clearly represented on the invoice.

The Supplier may only invoice for charges allowed under the terms and conditions of the agreement. All expenses relevant to invoicing, including stamps and mailing costs, shall be the Supplier's responsibility and shall be included in the awarded price. If such costs are broken out and included on any invoice, the costs will not be reimbursable. All invoicing shall be based on metered quantities at the service point.

Where feasible, during months when the Distributor's information is missing, agreements may be reached between the Government and Supplier to have invoices based on Government readings at no additional cost to either Party.

Invoices shall be issued to the Government by the 20th day of the month following the month when the consumption occurred.

Invoices submitted in accordance with the terms and conditions of the agreement shall be exclusive of all taxes or duties for which relief is available, as described at Article 10.

In case the Government detects errors or inaccuracies in the invoices and gives written notice to the Supplier, payment of such invoices will be deferred until the issue is resolved. In such a situation, the Supplier shall not assess late charges or fees for late payment.

As a general rule, credits due to the Government will be indicated in the next invoice(s) for consumption and deducted from the total amount due as far as the net amount is a debit. Should this be unfeasible due to agreement expiration, the credit claimed by the Government shall be reimbursed via electronic fund transfer (EFT) or bank transfers to an USG Euro bank account. The Government will provide an appropriate IBAN code when required. The bank transfer shall include all information needed to identify reference invoices and credits.

The Government may not accept stand-alone credit invoices. The Supplier shall notify the Government in advance of issuing credit invoices or notes.

Credits may be accepted and processed only if made part of single or aggregate payments resulting in a debit amount.

Any modifications, amendments, supplements or revisions to Distribution tariffs, transmission tariffs, duties, and to any regulated pass-through charges (reference Article 9), shall be notified in writing to the Government, citing the issuing governing body and as soon as published.

Article 12. Submission and Payment of Invoices

The Supplier shall send a digitally signed email with a pdf version of the invoice attached to the email addresses listed below in addition to the email addresses listed in Article 1:

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

The official invoice receipt date will be the date the Government receives the email.

The payment of the invoices will be made by the following Government Office within 45 calendar days upon receipt of a proper invoice:

Commercial Bill Paying Office

Naval Support Activity, Naples, Italy

The Supplier is required to provide the Government with the information necessary to make payment via bank transfer. Within 15 working days after award, the Supplier shall send a digitally signed e-mail with this information directly to the points of contact shown in Article 1.

The Contracting Officer may determine that another method of payment is appropriate. The details of payment methods will be agreed at the time of notification. The Supplier is required to promptly notify the Contracting Officer of any change affecting the way the payment of invoices must be performed.

ARTICLES

Article 13.

Reserved.

Article 14. Protests

"Protest" means a written objection by an interested party to any of the following: A solicitation or other request by an agency for offers for a contract for the procurement of property or services. The cancellation of the solicitation or other request. An award or proposed award of the contract. A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

"Interested party for the purpose of filing a protest" means an actual or prospective Offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

Upon receipt of a notice of protest or a determination that a protest is likely, the Contracting Officer may, by written order to the Supplier, direct the Supplier to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Supplier shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Upon receipt of the final decision in the protest, the Contracting Officer shall either--

Cancel the stop-work order; or terminate the work covered by the order as provided at Articles 15 and/or 16 of this contract.

If a stop-work order issued under this clause is cancelled, either before or after a final decision in the protest, the Supplier shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

The stop-work order results in an increase in the time required for, or in the Supplier's cost properly allocable to, the performance of any part of this contract; and

The Supplier asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided that the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

If a stop-work order is not cancelled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

If a stop-work order is not cancelled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. The Government's rights to terminate this contract at any time are not affected by action taken under this clause. If, as the result of the Supplier's intentional or negligent misstatement, misrepresentation, or certified incorrectly, a protest related to this contract is sustained, and the Government pays costs, the Government may require the Supplier to reimburse the Government the amount of such costs.

In addition to any other remedy available, the Government may collect this debt by offsetting the amount against any payment due the Supplier under any contract between the Supplier and the Government.

Article 15. Termination for Convenience

The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience, with a three (3) month advance notice . In the unlikely event of such termination, the Supplier shall immediately stop all services being provided under this contract at the end of the third month following notice of termination for convenience. The Supplier shall be paid for all services provided prior to the termination date, plus the Reimbursable "Termination Value" (RTV) charge derived from the formula below.

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.

Formula (conceptual): Reimbursable "Termination Value" (RTV) = (awarded FFP - market price ) * (quantity of active electric power hedged but not consumed due to termination)

Upon determination of the amount and upon receipt of a proper invoice, the RTV will be liquidated in the same timeframe indicated at Article 12.

n

RTV = (FFPawarded - Ci ) * Vi i=1

FFPawarded : Firm Fixed Price established at time of Award;

i= month following the termination month n = last month of contract Period of Performance

Ci : month "i" market price. It equals to the ROPEX_FM price, published on OPCOM, for month i;

Vi : 100% of average estimated consumption for the month "i" as provided in contract Enclosure (3) - column "Estimated consumption".

Article 17. Failure to Meet Agreement Terms

If the Supplier fails to meet one or more terms of the contract, the Supplier shall resolve the issue within 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. This includes acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Supplier shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

Article 19. Contract Administration

NAVFAC EURAFCENT has the right to re-assign the partial or total contract administration authority to other Government entities.

The authorized representative as indicated hereafter, the Contracting Officer's Representative (COR), will be designated for each Area by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required herein, and should be contacted regarding questions or problems of a technical nature regarding the assigned Area.

The COR does not have the authority to modify the contract or direct additional work by the Supplier.

A Contract Specialist will be designated by the Contracting Officer for administration of the contract. The Contract Specialist should be contacted regarding all matters pertaining to the contract.

In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Supplier and any person other than the Contracting Officer be effective or binding upon NAVFAC EURAFCENT, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract.

Written notice of the above designations will be provided by the Contracting Officer to the Supplier upon the contract award.

Supplier's performance will be evaluated and reported by the Government on the Contract Performance Assessment Reporting System (CPARS).

Article 20. Option to Extend the Term of the Contract

The Government may extend the term of this contract by written notice to the Supplier within thirty (30) days; provided that the Government gives the Supplier a preliminary written notice of its intent to extend before the contract expires. 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.

Article 21. Gratuities

The right of the Supplier to proceed may be terminated, by written notice if the Contracting Officer determines that the Supplier, its agent, or other representatives offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the U.S. Government.

The facts supporting this determination may be reviewed by any court having lawful jurisdiction. If this contract is terminated under paragraph (a) of this article, the US Government is entitled -

To pursue the same remedies as in a breach of the contract; and

In addition to any other damages provided by law, to exemplary damages of not less than three (3) nor more than 10 times the cost incurred by the Supplier in giving gratuities to the person concerned, as determined by the agency head or designee.

The rights and remedies of the U.S. Government provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

Article 22. Covenant Against Contingent Fees

The Supplier warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a Supplier for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain U.S. Government contracts nor holds itself out as being able to obtain any U.S. Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a Supplier and subject to the Supplier's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain U.S. Government contracts nor holds out as being able to obtain any U.S. Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a U.S. Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a U.S. Government employee or officer to give consideration or to act regarding a U.S. Government contract on any basis other than the merits of the matter.

Article 23. Domicile of the Parties and Legal Jurisdiction

The legal domicile for service of process is the Supplier's legal place of incorporation. The legal domicile for the U.S Government is defined as by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 1965.

Article 24. Inconsistency between English and Romanian language

If there is any inconsistency or ambiguity between the contract terms expressed in English and Romanian languages, the English language terms shall control.

Article 25. Disputes

(a) This agreement is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this agreement shall be resolved under this clause.

(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of agreement terms, or other relief arising under or relating to this agreement.

However, a written demand or written assertion by the Supplier seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C.

chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.

C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)

(1) A claim by the Supplier shall be made in writing and, unless otherwise stated in this agreement, submitted within six (6) years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Supplier shall be subject to a written decision by the Contracting Officer. (2)

(i) The Supplier shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the agreement adjustment for which the Supplier believes the Government is liable; and that I am authorized to certify the claim on behalf of the Supplier."

(iv) The certification may be executed by any person authorized to bind the Supplier with respect to the claim.

(e) For Supplier claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Supplier, render a decision within 60 days of the request. For Supplier certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Supplier of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the Supplier appeals or files a suit as provided in 41 U.S.C. chapter 71.

(g) If the claim by the Supplier is submitted to the Contracting Officer or a claim by the Government is presented to the Supplier, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Supplier refuses an offer for ADR, the Supplier shall inform the Contracting Officer, in writing, of the Supplier's specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from

(1) the date that the Contracting Officer receives the claim (certified, if required); or

(2) the date that payment otherwise would be due, if that date is later, until the date of payment.

With regard to claims having defective certifications, interest shall be paid from the date that the Contracting Officer initially receives the claim.

Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each six (6) month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Supplier shall proceed diligently with performance of this agreement, pending final resolution of any request for relief, claim, appeal, or action arising under the agreement, and comply with any decision of the Contracting Officer.

Article 26. Assignment of Claims

No claims for monies due, or to become due, shall be assigned by the Supplier unless:

Approved in writing by the Contracting Officer; Permitted by the laws and regulations of the Supplier's country; and Made in accordance with the laws and regulations of the United States of America. Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Supplier shall -

Identify the assignee by name and complete address; and acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered.

Article 27

Reserved.

Article 28. System for Award Management

(a) Definitions. As used in this article--

"Electronic Funds Transfer (EFT)" indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts for the same entity.

Registered in the System for Award Management (SAM) means that-

(1) The Offeror has entered all mandatory information , including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 into SAM.

(2) The Offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has marked the record "Active".

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.

gov for the designated entity for establishing unique entity identifiers.

(b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offerors name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name;

(2) Trade style, doing business, or other name by which your entity is commonly recognized;

(3) Company physical street address, city, state , and Zip Code;

(4) Company mailing address, city, state and Zip Code (if separate from physical);

(5) Company telephone number;

(6) Date the company was started;

(7) Number of employees at your location; Chief executive officer/key manager;

(8) Chief executive officer/key manager

(9) Line of business (industry); and

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

Article 29.

Reserved.

Article 30. Other Contract Terms and Conditions

Other Federal Acquisition Clauses Incorporated by Reference. This contract incorporates the following Federal Acquisition Regulation clauses by reference. The text of these clauses can be found at https://www.acquisition.gov. The Supplier shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services under US Government Contracts:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232)

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

52.222-3, Convict Labor (Jun 2003) (E.O.11755).

52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

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

52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C.

3332).

Requirements Supply and transmission of electricity and ancillary services to NSF Deveselu. The estimated amount of energy to be supplied is 26,250 megawatt hours (MWh) over the 24 month term of the agreement, for an annual estimated consumption of 13,125 MWh.

Continuation of Packaging and Marking

Continuation of Inspection and Acceptance

Continuation of Deliveries or Performance

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 05 Dec 2025 To 04 Dec 2027

26,250,000 Kilowatt Hour

Continuation of Accounting and Appropriation Data

Attachments:

Number Attachment Name Attachment Description Reference Identifier

Date

Exhibit A - Experience Providing Electric Supply

Supporting Technical Documentation 28 Oct

Exhibit B - Letter of Financial Capability

Supporting Technical Documentation 28 Oct

Exhibit C - Price Proposal Table

Supporting Technical Documentation 28 Oct

Exhibit D - Regulated Charges Information Form

REV

Supporting Technical Documentation 29 Oct

Exhibit E - Historic Hourly Energy Consumption Updated

Supporting Technical Documentation 28 Oct

Exhibit F - Definitions and Acronyms

Supporting Technical Documentation 28 Oct

Exhibit G - SF30 sample

Supporting Technical Documentation 28 Oct

Solicitation Provisions

Instructions to Offerors - Commercial Products and Commercial Services

L.1 SITE VISIT

There is no pre-proposal conference and site visit scheduled for this requirement.

L.2 FORMAT TO SUBMIT PRE-PROPOSAL INQUIRIES (PPI)

All prospective Offerors submitting PPIs must use the attached PPI form. All PPIs shall be submitted to Mr. Paul Martha at e-mail address: paul.m.

martha.civ@us.navy.mil with a copy to Mr. Alex Wingert at e-mail address: alex.h.wingert.civ@us.navy.mil.

PPIs shall be submitted in Microsoft Word and only have one question per sheet.

In order to allow time for the US Government to respond to the PPI, the cutoff date for PPIs is November 4, 2025 by 5:00 PM CET-- Central European Time.

RFP: N33191-25-R-????

PRE-PROP

OSAL

INQUIRY

PPI No.

SOLICITATION: Competitive Electrical Power Romania

NOTE: ALL PRE-PROPOSAL INQUIRIES SHALL BE SUBMITTED BY E-MAIL, ON THIS FORM TO THE

FOLLOWING E-MAIL ADDRESSES. SUBMIT ONLY ONE INQUIRY ON EACH FORM.

paul.m.martha.civ@us.navy.mil and .alex.h.wingert.civ@us.navy.mil

DATE OF PROPOSAL INQUIRY:

FROM FIRM: ADDRESS: PHONE NO.:

POC:

E-MAIL

ADDRESS:

PROPOSAL INQUIRY: (Please type or print clearly)

(Include RFP Section, page number, and paragraph if applicable)

N3319126R0003 mailto:paul.m.martha.civ@us.navy.mil mailto:alex.h.wingert.civ@us.navy.mil

GOVERNMENT RESPONSE:

Responder's signature/date:

Amendment required? Yes No

L.3 PERIOD OF ACCEPTANCE OF OFFERS:

Only offers received via e-mail within the stated time will be accepted. The official time stamp will be the one of the Contract Specialist's computer.

L.4 REQUEST FOR PROPOSAL (RFP) FILES:

Solicitation files are posted to www.sam.gov website, as mandated by our agency. It is the sole responsibility of the Offeror to obtain the RFP files, along with any amendments, from this website.

L.5 JOINT VENTURE (JV) AGREEMENTS

RESERVED

L.6 CONTENT OF PROPOSALS

A. PROPOSAL REQUIREMENTS. The technical proposal and price/cost proposal shall be submitted in separate volumes. All signatures on offer can be either digital or scanned handwritten. Proposals shall be submitted in English, except where documents originate or are issued by the Romanian Government, then the document may remain in Romanian and do not require translation. The technical proposal shall not contain any pricing or cost information. The technical proposal presented by the Offeror to whom the award is made will be incorporated into the contract at time of award.

Registration in the System for Award Management (SAM) at https://www.sam.gov is required.

B. The Offeror shall submit the following information:

(1) Technical Proposal Submission - Submit the following:

a. Submit all Technical factor requirements as detailed in section M by Wednesday, November 19th, 2025 - 11:

00 am CET-Central European Time.

b. If the Technical offer is deemed "Technically Acceptable" by NAVFAC EURAFCENT an email will be issued to each Technically Acceptable offeror no later than 16:00 Tuesday, November 25th, 2025 for the offeror

.to submit the Pricing Offer

(2) Pricing Submission. Technically Acceptable Offerors ONLY to submit the following:

a. Submit all price factor requirements, detailed in section M by Monday, December 1st, 2025 - 11:00 am CET-Central European Time.

b. The pricing Submission shall consist of the following:

Attachment Exhibit C "Price Proposal Table" shall be completed for both years with a Firm Fixed Offer Price, in LEI/MWh (XXX.XX LEI/MWh) currency. Price shall carry two decimals digits only, and both comma and point decimal separators are acceptable. Only the fields in Yellow (FFOP) shall be filled in. A blank space or LEI/MWh 0,00 will not be considered as a valid offer. Offerors may propose two different Firm Fixed Offer Prices, one for each year of contractual period of performance.

A statement shall be provided that the offeror agrees to hold the offer prices from the date of price submittal through December 5th , 2025 - 15:00 pm CET - Central European Time, date of the contract award.

(3) Offeror must complete Page 1 of the Solicitation (Blocks 12 through Block 18 of SF33) and submit it with their proposal on the proposal due date.

This includes acknowledgement of all Amendments issued at time of proposal, Block 14.

L.7 SUBMIT PROPOSALS TO:

Proposals shall be submitted via e-mail to Mr. Paul Martha at e-mail address paul.m.martha.civ@us.navy.mil with a copy to Mr. Alex Wingert at e-mail address alex.h.wingert.civ@us.navy.mil with the subject line as one of the following, as appropriate:

"SOLICITATION N33191-26-R-0003; Competitive Electrical power Romania".

Only proposals received before the stated time and date for receipt will be accepted.

Offerors are advised to check https://sam.gov regularly for amendments to the solicitation that may update the closing time of this solicitation.

The Technical Proposal shall be submitted by Wednesday, November 19th, 2025 - 11:00 am CET-Central European Time. The Price Proposals shall be submitted by the Technically Acceptable Offerors ONLY by Monday, December 1st, 2025 - 11:00 am CET-Central European Time.

Estimated Award Date: NO LATER THAN December 5th, 2025 - 15:00 pm CET - Central European Time.

Multiple e-mails may need to be sent for any of the submissions, if the Offeror's e-mail exceeds 10MB. The U.S. Navy computer server will only accept e-mails with attachments up to 10MB. If you need to submit more than one e-mail for any of the above submission, then number them at the end of the e-mail subject title as 1 of XX, 2 of XX, etc.

Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government portal designated in the solicitation before the closing time specified in the solicitation.

Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, revision, or withdrawal of an offer received after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and

a. If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

b. There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

c. It was the only proposal received.

(3) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. An offer may be withdrawn in person by an Offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person…