Solicitation SPE60426R0400.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000227132

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE604-26-R-0400

5. SOLICITATION NUMBER

2026 MAR 10

6. SOLICITATION ISSUE

DATE

Minna Pham DMP0057

a. NAME

Phone: 571-767-9300

b. TELEPHONE NUMBER (No Collect calls)

2026 MAY 01

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE604

DLA ENERGY

INSTALLATION ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

221112NAICS:

950 EmployeesSIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

Coal-Based Power Supply RFP SPE604-26-R-0400

Table of Contents

Section A - SF 1449, Solicitation/Contract/Order for Commercial Items

Part I – The Schedule

Section B – Supplies, Services, and Pricing Section C – Description/Specifications/Statement of Work Section D – Reserved Section E – Inspection and Acceptance Section F – Deliveries or Performance Section G – Contract Administration Section H – Special Contract Requirements

Part II – Contract Clauses

Section I – Contract Clauses

Part III – List of Documents, Exhibits, and Other Amendments

Section J – List of Attachments Section K – Certifications and Representation……………… www.SAM.gov and 17 Section L – Instructions, conditions, and notices to offerors or respondents………..17 Section M – Evaluation factors for award…………………………………………...18

Part I – The Schedule

Section B – Supplies or Services, and Price/Costs.

B.1. Definitions, Acronyms, and Interpretation.

B.1.1. Definitions. For purposes of the contract, the following definitions apply to the contract:

"After-imposed (ISO/RTO/PUC) charges," means any new or modified regulatory (ISO/RTO/PUC) charges not in effect or not applicable to transactions under this contract on the date the Government accepts pricing, but which are now in effect or applicable as the result of legislative, judicial, or administrative action, with the result that the Contractor is now required to pay or bear the charges.

"After-relieved (ISO/RTO/PUC) charges," means any amount of regulatory (ISO/RTO/PUC) charges that would otherwise have been payable on the transactions or property covered by this contract but which as the result of legislative, judicial or administrative action taking effect after the contract date the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback.

“Ameren” means Ameren Electric Utility Company “Ancillary services” means those services provided under the contract that are in addition to the generation of energy such as to ensure that the generated energy is transmitted, stable, and of high quality.

“Annual Compliance Period” means the defined timeframe during which the Contractor must adhere to the contractual standards set forth in Section C.2.1

“Business day” means any day other than Saturday, Sunday, or any other day on which banking institutions in the state are required or authorized by applicable law to be closed for business.

“Contract” means this written agreement between the parties, including its terms, conditions, clauses, schedules, attachments, and any other documents attached hereto or incorporated herein by reference.

“Contract term” means the period from the contract effective date through the expiration date or any earlier termination date.

“Contract unit price” is 1) the per kWh price identified on an annual basis in Table 2—Electricity Unit Pricing.

“Contracting Officer” is defined in FAR 2.101, Definitions.

“Contractor” means [TBD-insert name of the contractor].

“Expiration date” means the date identified in subparagraph F.1.1., Contract Term, on which the contract terminates by reason of expiration of the contract term.

“Government” means the United States Government acting through properly delegated authority. For purposes of the contract, the properly delegated authority is the Contracting Officer.

“Installation” means see Section B.2.1., Table 1.

“Kilowatt hour” means 1000-watt hours and represents one kilowatt of power expended for one hour of time.

Coal-Based Power Supply RFP SPE604-26-R-0400

“Law” means any statute, act, law, treaty, rule, regulation, ordinance, code, permit, enactment, injunction, order, writ, decision, authorization, judgment, decree, or other legal or regulatory determination or restriction by a governmental authority, including any of the foregoing that are enacted, amended, or issued after the contract effective date, and which becomes effective after the contract effective date, and any binding interpretation of any of the foregoing.

“Parties” means the Government and the Contractor.

“Party” means either the Government or the Contractor.

“Point of Delivery” means the delivery point for each account is defined as an interconnect with the UDC owned or controlled transmission or distribution systems.

“Service Point” means the Service Point is defined as the meter(s) indicated for each account awarded as described in Attachment JA1, Installation Data Sheet.

“State” means a state, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.

“Taxes” means a Federal, state, interstate, or local tax.

B.1.2. Acronyms. For purposes of the contract, the following acronyms have the meaning as provided:

“CAGE” means Commercial and Government Entity.

“CFPF” means Coal Fired Production Facility.

“CLIN” means Contract Line-Item Number.

“CUI” means Controlled Unclassified Information.

“DFARS” means the Department of Defense FAR Supplement in title 48 of the

C.F.R.

“DLA” means Defense Logistics Agency.

“DoW” means Department of War.

“FAR” means the Federal Acquisition Regulation in title 48 of the C.F.R.

“ICC” means Illinois Commerce Commission “ISO” means Independent System Operator.

“kW” means a kilowatt of electrical energy.

“kWh” means a kilowatt hour of electrical energy.

“NERC” means North American Electric Reliability Corporation.

“MISO” means MidContinent Independent System Operator “PUC” means Public Utility Commission.

“RFP” means request for proposals.

“RTO” means Regional Transmission Operator.

“SAM” means the System for Award Management.

“SERC” means Southeastern Electric Reliability Corporation “SF” means Standard Form.

“UDC” means utility distribution company.

“UEI” means Unique Entity Identifier.

Coal-Based Power Supply RFP SPE604-26-R-0400

B.1.3. Rules of Interpretation. The following rules of interpretation shall apply to the contract:

B.1.3.1. References to the contract, without more specificity, refer to this contract as a whole, including its schedules, attachments, and other documents and clauses attached hereto or incorporated herein by reference, and not to any particular provision of the contract.

B.1.3.2. Words in the contract that import the singular connotation shall be interpreted as plural, and words that import the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require.

B.1.3.3. References to a particular article, section, subsection, paragraph, subparagraph, appendix, or attachment shall, unless specified otherwise, be a reference to that article, section, subsection, paragraph, subparagraph, appendix, or attachment of the contract.

B.1.3.4. References in the contract to any person includes its permitted successors and assigns and to any person succeeding to its functions.

B.1.3.5. All references to dollars are to U.S. dollars.

B.1.3.6. A reference to a law includes any amendment or modification to such law, and all regulations, rulings, and other laws promulgated under such law whether such amendment or modification was made before or subsequent to the contract effective date.

B.1.3.7. The words “hereof”, “herein”, and “hereunder” and words of similar import refer to the contract as a whole and not to any particular provision of the contract unless the context indicates otherwise.

B.1.3.8. The words “include”, “includes”, and “including” mean include, includes, and including “without limitation” and “but not limited to”.

B.1.3.9. The captions or headings in the contract are strictly for convenience and shall not be considered in interpreting the resulting contract.

B.1.3.10. References to “days” means calendar days, unless the term “business days” is used.

B.2. General Requirement. The Government is soliciting a firm-fixed price, requirements type contract. The contract is for the retail supply and transmission of electricity generated by CFPFs, and ancillary services, for the ultimate delivery to the respective Service Points identified in Section B.2.1.

B.2.1. Estimated Contract Value. The estimated contract value is summarized in

Table 1—Contract Value Summary.

Coal-Based Power Supply RFP SPE604-26-R-0400

B.2.2. Market Area. Below are the acronyms and full names of each utility service area, public utility commission, and the applicable NERC region under this contract.

RTO/ISO: MidContinent Independent System Operator (MISO) NERC Region: Southeastern Electric Reliability Corporations (SERC) PUC: Illinois Commerce Commission (ICC) UDC: Ameren Electric Utility Company (Ameren)

B.2.3. Contract Term. The Government is soliciting offers for a 24-month period of performance beginning on the meter read date occurring in the month of May 2027 and ending on the meter read date occurring in the month of May 2029. Specifics for each Installation are provided within Attachment JA1, Installation Data Sheet. The information includes: (1) Contract Line Item Number, (2) Location, (3) Local Electric Utility, (4) Current Tariff Rate, (5) Utility Account Number, (6) Monthly Consumption and Demand Data.

B.2.4. Pricing. The firm-fixed offer unit price shall include all retail supply costs to the specified Service Point, unless excluded in Section 2.4.1.

B.2.4.1. Excluded Charges. Charges not included in the firm-fixed offered unit price are as follows:

B.2.4.1.1. Capacity:

The cost to purchase Capacity (Zonal Resource Credits) through the Planning Resource Auction (PRA) process to comply with MISO’s resource adequacy requirements shall be passed through to the Government. The daily Capacity charge to the Government for each Service Point (account) shall not exceed the product of:

(1) the Peak Load Contribution (PLC), in MW, assigned by the UDC to the Service Point for the applicable season of the applicable Planning Year;

and

(2) the PRA Auction Clearing Price (ACP) for the applicable season of the applicable Planning Year, in $/MW-day, less any Zonal Deliverability Benefit credits (ZDB), plus any Local Clearing Requirement charges (LCR), in $/MW-day, for Zone 4, the Local Resource Zone (LRZ) in which Ameren Illinois is locat4ed.

Daily Capacity Charge = PLC x (ACP – ZDB + LCR)

Table 1—Contract Value Summary CLIN Installation Number of Accounts

Estimated Total Quantity (kWh)

Total Estimated Contract $ Value

0001 U.S. Army Corps of Engineers 3 8,157,226 TBD 0002 Scott Air Force Base 4 204,711,624 TBD 0003 Illinois Air National Guard 4 8,762,890 TBD Total estimated contract value TBD

Coal-Based Power Supply RFP SPE604-26-R-0400

B.2.4.2. Electricity Quantities and Offered Prices. The contract quantities shown in Table 2—Electricity Unit Pricing are best estimates based on historical (or projected) data only of the Government’s requirements for the contract period.

The firm-fixed offered unit prices and estimated quantities for each CLIN are in Table 2— Electricity Unit Pricing

Table 2 – Electricity Unit Pricing CLIN Estimated Total

Requirement (in kWh)

Contract Unit Price ($/kWh)

Total CLIN $ Value

0001 8,157,226 TBD TBD

0002 204,711,624 TBD TBD

0003 8,762,890 TBD TBD

B.2.4.3. CLIN Offering. Contractors may submit prices on all, some, or none of the line items contained in the solicitation.

Section C – Description/Specifications/Requirements.

C.1. Retail Electricity. The electricity provided under this contract shall conform to the tariff of the transmitting and/or distributing utility at the Point(s) of Delivery specified in Attachment JA1, Installation Data Sheet. The Contractor shall supply electricity and any ancillary services required to deliver electricity to the Point of Delivery and for the scheduling and coordination of the delivery of electricity to the Service Point, Attachment JA1, Installation Data Sheet, for each account under the contract.

C.1.1. All quantities ordered by the Government shall be considered firm and guaranteed for delivery by the Contractor to the delivery point, and for scheduling and coordinating, for ultimate delivery to the Service Point for each account.

C.1.2. Charges incurred as a result of the Contractor’s failure to abide by the terms of the applicable Retail Access rules and/or the UDC Service Agreement shall be the responsibility of the Contractor.

C.1.2.1. With the exception of any and all transmission and distribution related charges payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor’s failure to perform in accordance with the contract), the Contractor is responsible for all costs associated with deliveries to the Point of Delivery and the scheduling and coordination for delivery of electricity to the Service Point, Attachment JA1, Installation Data Sheet, for each account under the contract.

C.1.2.2. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the non-delivery of the firm requirements in accordance with FAR 52.212-4 CONTRACT TERMS AND

Coal-Based Power Supply RFP SPE604-26-R-0400

CONDITIONS – COMMERCIAL ITEMS paragraphs (f) and (m) of the clause (as tailored).

C.2. Electricity Generated By Coal-Fired Energy Production Facilities. Executive

Order 14386, Reference Document JR1, directs the DOW to procure power from CFPFs to serve DOW installations. Accordingly, all electricity supplied by the Contractor during each Annual Compliance Period, defined in Section C.2.1, shall be generated by a CFPF.

For each Annual Compliance Period, the quantity of electricity generated and supplied by CFPFs must be no less than the cumulative metered load of each CLIN supplied during the same Annual Compliance Period.

C.2.1. Annual Compliance Period. Each Annual Compliance Period is defined below:

Annual Compliance Period

Start Date End Date

1 May 1, 2027 April 30, 2028 2 May 1, 2028 April 30, 2029

C.3. General Performance Requirements.

C.3.1. Scheduling and Supply Maintenance. It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the time period specified herein. The Contractor shall be responsible for supply management and overall coordination of production, transmission, and distribution of electrical power to the service point of each account identified in the contract.

C.3.1.1. The Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract.

C.3.1.2. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract.

C.3.1.3. The Government will not pay any costs associated with the Contractor's failure to, 1) deliver electrical power at the delivery point sufficient to meet the demand at the service point of each account under the contract, or 2) schedule and coordinate for the delivery of electricity to each service point.

C.3.2. Annual Review Report.

C.3.1.1. Nature of Annual Review. The Contractor shall complete and submit to the Government a detailed and documented annual review report within forty-five (45) days of the end of each Annual Compliance Period of the amount of electricity generated by CFPF during the Annual Compliance Period.

Coal-Based Power Supply RFP SPE604-26-R-0400

C.3.1.2. Components of the Annual Review Report. The annual review report consists of two sections; the CFPF Supply Report of electricity supplied by the CFPFs during the Annual Compliance Period, and Attachment JA2, CFPF Attestation Forms. The completed attestation forms shall be provided to Contracting Officer.

C.3.1.2.1. The CFPF Supply Report shall be completed and shall affirm the following:

a. The total quantity of electricity (in kWh) generated by CFPFs supplied to the Government.

b. For each CLIN, the total quantity of electricity (in kWh) generated by CFPFs supplied to each installation during the reporting period.

c. The quantity of electricity was obtained by the Contractor through a direct contractual agreement with a CFPF.

d. The generation data provided is accurate and sourced from the specified asset.

C.3.1.2.2. The Attestation Forms (Attachment JA2) shall be completed and clearly state the following:

a. The total quantity (in kWh) supplied during the Annual Compliance Period

b. Name of the generating facility

c. Address

d. Generating facility ID Number

e. eGrid Subregion where the CFPF is located

f. Point of contact and contact information

g. Capacity of the generating facility

h. Period of delivery

C.4. Metering and Meter Reading Services.

C.4.1. Meter Reading. The incumbent UDC shall read all meters for each account.

C.5. Taxes and Incentives.

C.5.1. No Guarantee of Tax Incentives or Benefits. The Government does not represent, warrant, or guarantee that the contract will result in any tax benefit or eligibility for government or private incentives, rebates, or credits.

C.6. Notification of Tariff/Rate Changes. The Contractor shall use commercially reasonable efforts to provide the Contracting Officer with written received by the Contractor of any relevant changes to the transportation tariff/rate or the scheduling of a

Coal-Based Power Supply RFP SPE604-26-R-0400 tariff/rate hearing that would reasonably be expected to have impact on the installations within a commercially reasonable time frame. Failure of the Contractor to comply with this provision shall not be grounds for termination for cause.

C.7. Electricity Regulatory Change. The Contract price includes all applicable ISO/RTO/PUC charges expected to be in effect and applicable to this contract at Government price acceptance.

C.7.1. The contract price shall be increased by the amount of any after-imposed

(ISO/RTO/PUC) charge (with no markup), provided the Contractor warrants in writing within 60 calendar days of the regulation change, that no amount for such after-imposed (ISO/RTO/PUC) charge was included in the contract price, as a contingency reserve or otherwise. The contractor shall provide such evidence as the Government may require in support of a request for adjustment resulting from any after-imposed (ISO/RTO/PUC) charge. Price adjustments shall be accomplished via written modification to the contract.

C.7.2. The Contractor shall notify the Contracting Officer of any after-imposed or after-relieved (ISO/RTO/PUC) charge within a commercially acceptable time frame and if seeking a price increase, simultaneously submit a proper claim for equitable adjustment.

Price adjustments shall be accomplished via written modification to the contract.

Section D – RESERVED

Section E – Inspection and Acceptance.

E.1. Ordering. The instantaneous load at the Service Point, as described in the applicable Attachment JA1, Installation Data Sheet, shall constitute an order for electricity to be furnished.

Section F – Deliveries or Performance.

F.1. Contract Term and Place of Performance.

F.1.1. Contract Term. The contract term shall commence on the meter read date occurring in the month of May 2027 and ending on the meter read date occurring in the month of May 2029 (the “expiration date”), unless terminated earlier pursuant to the provisions of the contract.

F.1.2. Place of Delivery and Performance. The place of delivery and performance for any supplies to be provided and services to be performed hereunder is the installation, Attachment JA1,Installation Data Sheet.

Coal-Based Power Supply RFP SPE604-26-R-0400

F.2. Contract Performance Deliverables Other Than Energy.

F.2.1. Form of Submission. Unless the nature of the deliverable requires physical delivery, the Contractor shall submit the deliverable to the Contracting Officer, or to other such person as the Contracting Officer may direct, in an electronic format.

F.2.2. List of Deliverables. The Contractor shall submit the following deliverables:

Table 7—Deliverables Pursuant to contract paragraph:

Description Submittal/submitted date

Recipient of deliverable

C.3.1.1. Annual compliance review. Within 45 days of end of compliance year.

Contracting Officer

C.3.1.2. Attestation Forms Within 45 days of end of compliance year.

Contracting Officer

G.2. Invoice. Per UDC Tariff Installation (See G.2.3)

Section G – Contract Administration.

G.1. Authorized Changes.

G.1.1. Unauthorized Changes. The Contracting Officer is the only person authorized on behalf of the Government to approve changes in any of the requirements of the contract, notwithstanding any provisions to the contrary contained elsewhere in the contract. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in costs to the Contractor incurred as a result thereof.

G.1.2. Contract Information. The address and telephone number of the Contracting

Officer is: James R. Knudson DLA Energy

Installation Energy – FEA 8725 John J. Kingman Road, Suite 3827 Fort Belvoir, VA 22060

(571) 585-5680 Email: dlaenergy.eteam@dla.mil

Coal-Based Power Supply RFP SPE604-26-R-0400

G.2. Invoice and Payment.

G.2.1. Basis for Invoice. All invoicing shall be based on meter quantities at the Service Point for each account. The Contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with billing shall be the responsibility of the Contractor and shall be included as part of the offered price.

G.2.1.1. Supplier Consolidated Billing. All invoices utilizing Supplier

Consolidated UDC Billing shall be prepared in a manner consistent with all REP/UDC arrangements and shall conform to all PUC requirements for Supplier Consolidated Billing.

The Government will utilize supplier consolidated UDC billing for the following CLINs:

a. CLIN 0001

G.2.1.2. Dual Billing. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual Billing. The Government will utilize dual billing for the following CLINs:

a. CLIN 0002

b. CLIN 0003

G.2.2. Invoice Preparation. In addition to the requirements set forth in FAR 52.212-

4 Contract Terms and Conditions – Commercial Items, Paragraph (g), each Contractor invoice shall include the following information for Dual Billed and Supplier Consolidated Billing accounts, if available from the UDC:

2.2.1 Installation name, Line Item, and individual account

information (Account Number, Meter Number, and Service Address).

2.2.2 Supplier’s information such as logo, address, point of

contact (name and phone number), and wiring information.

2.2.3 Billing period for each account.

2.2.4 Total consumption for each account.

2.2.5 Total Energy Charge (broken down by energy charges and

demand charges, if available).

2.2.6 Demand information for each account.

2.2.7 Charges for services broken out in detail for each account in a manner consistent with the terms and conditions of the contract and the applicable PUC requirements.

Coal-Based Power Supply RFP SPE604-26-R-0400

2.2.8 All information required by the applicable PUC to be

included on customer invoice.

2.2.9 If customer questions information on an invoice, supporting documentation is required before payment will be made.

G.2.3. Places of Invoice Delivery and Payment. The invoice and paying offices for the installation are identified below.

CLIN Installation Address POC WAWF 0001 U.S. Army Corps of Engineers TBD TBD Installation will not utilize

WAWF

0002 Scott Air Force Base TBD TBD See DFARS 252.232-7006

0003 Illinois Air National Guard TBD TBD Installation will not utilize

WAWF

G.2.4. UDC Coordination. Contractor coordination with the local utility will be necessary to ensure that installations receive identical billing data from both the Contractor and the local utility (i.e. commodity and wire charges must be based on the utility’s billing cycle).

G 2.5. Estimated Bills. If a Contractor is unable to issue a bill based on actual meter reading due to the failure of the UDC to obtain or transmit a meter reading to the Contractor, the Contractor may issue a bill based on an estimated reading fifteen (15) calendar days following the meter read date for the affected account. The Contractor must inform the installation of the reason for the issuance of the estimated bill, and the Government reserves the right to obtain documentation relating to the efforts taken by the Contractor to obtain the meter read data. For estimated billing purposes, the estimate of usage provided by the UDC shall be used first. If no such UDC estimate is available, the Contractor shall use the relevant monthly consumption data (as the estimate) included in the applicable Attachment JA1, Installation Data Sheet, adjusted for the number of days.

All estimated bills shall be trued up on the next billing cycle.

G.3. Record Keeping Requirements.

G.3.1. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Access or a spreadsheet format compatible with Microsoft Excel. These records shall be made available to the Government or to any party designated by the Government as authorized to request this data.

Coal-Based Power Supply RFP SPE604-26-R-0400

G.3.1.1. In the event that the Contractor maintains records on demand and consumption data in addition to that required to bill in accordance with the utility tariff, said data shall also be made available to the Government or to any party designated by the Government as authorized to request this data.

G.3.1.2. The Contractor shall make available to the Government or to any party designated by the Government, interval data (for those accounts with an interval meter) in Microsoft Excel format.

Section H – Special Contract Requirements.

H.1. Executive Order (EO) 14386, Strengthening United States National Defense With America’s Beautiful Clan Coal Power Generation Fleet, issued February 11, 2026.

H.1.1. This EO, Reference Document JR1, establishes the policy of the

United States that coal is essential to our national and economic security, and that our electric grid must use power generation resources that have abundant fuel supplies capable of extended operations to address the national emergency declared pursuant to EO 14156, Declaring a National Energy Emergency. EO 14386 further directs the establishment of Power Purchase Agreements, or entering into any similar other contractual agreements, with coal-fired energy production facilities to serve DOW installations or other mission-critical facilities, with priority given to projects that enhance:

(a) grid reliability and blackout prevention;

(b) on-site fuel security; and

(c) mission assurance for defense and intelligence capabilities.

H.1.2. In alignment with EO 14386, it is the Government’s intent to maximize the amount of electricity supplied by coal-fired energy production facilities it procures pursuant to this contract, subject to terms, conditions, and prices mutually agreed to in writing by Contractor and the Government.

H.2. Adding Future Accounts. It is possible that additional CLINs or accounts not included in the solicitation may be added to the resultant contract(s). In that event, the Government will provide the Contractor with the facility’s electricity requirement, if available, and the two parties shall enter into good faith negotiations to determine a price.

A bilateral modification will be executed if agreement is reached.

Coal-Based Power Supply RFP SPE604-26-R-0400

Part II – Contract Clauses.

Section I – Contract Clauses

I.1. Clauses and Provisions Incorporated by Reference.

I.1.1. This solicitation/contract incorporates contract clauses and solicitation provisions 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.

I.1.2. The full text of any FAR, DFARS or DLAD solicitation clause or provision may be accessed electronically at this addresses:

FAR: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: https://www.dla.mil/Acquisition/Policy-and-Directives/#98025

I.1.3 FAR AND DFARS CLAUSES INCORPORATED BY REFERENCE:

The following Clauses are Incorporated by Reference for the duration of the contract term:

Regulatory Number Clause Title FAR 52.203-6 w/ Alt I Restrictions on Subcontractor Sales to the Government (JUN 2020) FAR 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021)

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

FAR 52.204-13 System for Award Management Maintenance (Deviation 2026-O0038

JAN 2026)

FAR 52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Deviation

2026-O0038 JAN 2026)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Deviation 2026-O0038 JAN 2026)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Deviation 2026-O0038 JAN 2026)

FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Deviation 2026-O0038 JAN 2026)

FAR 52.219-8 Utilization of Small Business Concerns (Deviation 2026-O0038 JAN 2026)

FAR 52.219-9 with Alt II Small Business Subcontracting Plan, with Alternate II (Deviation 2026-

O0038 JAN 2026)

FAR 52.219-16 Liquidated Damages—Subcontracting Plan (Deviation 2026-O0038 JAN 2026)

FAR 52.222-3 Convict Labor (Deviation 2026-O0038 JAN 2026) FAR 52.222-35 Equal Opportunity for Veterans (Deviation 2026-O0038 JAN 2026) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.dla.mil/Acquisition/Policy-and-Directives/#98025

Coal-Based Power Supply RFP SPE604-26-R-0400

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Deviation 2026-O0038

JAN 2026)

FAR 52.222-37 Employment Reports on Veterans (Deviation 2026-O0038 JAN 2026)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Deviation 2026-O0038 JAN 2026)

FAR 52.222-50 Combating Trafficking in Persons (Deviation 2026-O0038 JAN 2026) FAR 52.222-54 Employment Eligibility Verification (Deviation 2026-O0038 JAN 2026) FAR 52.225-5 Trade Agreements (NOV 2023)

FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

FAR 52.233-3 Protest After Award (Deviation 2026-O0038 JAN 2026)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (Deviation 2026-O0038

JAN 2026)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (DEC 2022) DFARS 252.203-7003 Agency Office of the Inspector General (AUG 2019)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(MAY 2024)

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(JAN 2023)

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023)

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (NOV 2023) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (JUN 2023) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) – Basic (DEC 2019) DFARS 252.225-7001 Buy American and Balance of Payments Program (FEB 2024) DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) DFARS 252.225-7021 Trade Agreements – Basic (FEB 2024)

DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

(JAN 2023)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (JAN 2023)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2022)

DFARS 252.244-7000 Subcontracts for Commercial Products and Commercial Services (NOV 2023)

Coal-Based Power Supply RFP SPE604-26-R-0400

I.1.1.4 FAR AND DFARS PROVISIONS INCORPORATED BY

REFERENCE

The following Clauses are Incorporated by Reference for the duration of the contract term:

Regulatory Number Provision Title

FAR 52.204-7 System for Award Management – Registration (Deviation 2026-

O0038 JAN 2026)

FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (Deviation 2026-O0038 JAN 2026)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

(SEP 2022)

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (NOV 2023)

DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System (MAR 2023)

DFARS 252.215-7008 Only One Offer (DEC 2022) DFARS 252.215-7016 Notification to Offerors – Post award Debriefings (OCT 2025) DFARS 252.219-7000 Advancing Small Business Growth (JUN 2023)

DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022)

I1.1.5 DLAD PROVISIONS INCORPORATED BY REFERENCE:

Regulatory Number Provision Title

DLAD 52.233-9001 Disputes – Agreements to Use Alternative Dispute Resolution

(ADR) (JUN 2020)

DLAD Procurement Note L06 Agency Protests (DEC 2016)

I1.1.6 FAR AND DFARS CLAUSES IN FULL TEXT CAN BE FOUND IN

ATTACHMENT JA3.

Coal-Based Power Supply RFP SPE604-26-R-0400

Part III – List of Documents, Exhibits, and Other Amendments

Section J – List of Attachments, Exhibits and Other Reference Documents Attachment Title JA1 Installation Data Sheet JA2 CFPF Attestation Form JA3 FAR and DFARS Clauses in Full Text JA4 Small Business Subcontracting Plan Form JA5 Pricing Sheet JA6 Proposal Requirements & Reps/Certs

Exhibits Title

Reference Documents Title JR1 Executive Order 14386, Strengthening United States

National Defense With America’s Beautiful Clan Coal Power Generation Fleet

Coal-Based Power Supply RFP SPE604-26-R-0400

Part IV – Representations and Instructions.

Section K Representations, certifications, and other statements of offerors.

Solicitation provisions that require representations, certifications, or the submission of other information by offerors are provided in Attachment JA6 “Proposal Requirements & Reps/Certs”.

Section L Instructions, conditions, and notices to offerors or respondents

L.1. General Requirements

Attachment JA6, Proposal Requirements & Reps/Certs, defines all proposal requirements for submittal in addition to those defined in FAR 52.212-1, below.

L.2. FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Deviation 2026-O00038 JAN 2026) [TAILORED]

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

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

(c) Late submissions, modifications, revisions, and withdrawals of offers.

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

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

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office

Coal-Based Power Supply RFP SPE604-26-R-0400 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.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award. The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

L.3 Inquiries by Offerors Questions concerning any aspect of this solicitation shall be submitted in writing via e-mail to DLAEnergy.eteam@dla.mil with the subject line of “RFP SPE604-26-R-0400:

Contractor Name”. OFFERORS REQUESTING INFORMATION REGARDING

THIS SOLICITATION SHALL CONTACT THE E-MAIL ADDRESS ONLY.

CONTACTS TO OTHER GOVERNMENT PERSONNEL OR

NONGOVERNMENT ADVISORS ARE PROHIBITED. All questions shall be answered electronically. Questions shall be entertained up to 14 calendar days prior to solicitation closing date. No additional questions shall be answered.

Section M – Evaluation factors for award

M.1 FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Deviation 2026-O00038 JAN 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be mailto:DLAEnergyResilience@dla.mil most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

(i) PAST PERFORMANCE. Offerors must submit three past performance references which the Government will evaluate for recency and relevancy in order to determine the Government’s level of confidence in each offeror’s ability to meet solicitation requirements. This evaluation will include any aspect of past performance that is relevant to the work to be performed under this contract. Recency is defined as performance on Government or commercial contracts where there has been at least 12 continuous months of performance within the last two years as of the closing date of the solicitation. Each offeror will be assessed on recent efforts accomplished by the offeror, focusing on performance that is relevant to the contract requirements. Relevancy is defined as a present/past performance effort involving similar scope and magnitude of effort and complexities this solicitation requires.

The Government will utilize the submissions provided by the Offeror on Attachment II – Proposal Requirements. If there are past performance documents on file that have been determined to be Recent and Relevant, the Government reserves the right to include these documents as part of the past performance evaluation process. In addition, the Government may use any data the Contracting Officer determines recent and relevant. This includes, but is not limited to, information from:

1. Contract Performance Assessment Reporting System (CPARS)

2. Past Performance Questionnaires

3. Customer Feedback

4. Offeror’s Past Performance on DLA Energy Contracts

5. Electronic Subcontract Reporting System (eSRS)

6. General Services Administration

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

Offerors are advised that the Government may use information gained from any source to evaluate past performance and reserves the right to only consider the Contractor’s performance under Federal Government or DLA Energy contracts. In the case of an offeror for whom information regarding the quality of past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance pursuant to FAR 15.202(c)(1).

(ii) TECHNICAL CAPABILITY / RISK. The Government will use a combined technical capability/risk rating to assess the offeror’s proposed approach to satisfying the Government’s requirements. The offeror shall be evaluated on whether their Technical Capability/Risk Proposal (as defined in Attachment Proposal Requirements & Reps/Certs) clearly and precisely describes its approach and demonstrates an understanding of the requirement and its ability to successfully perform the requirements of the Schedule of Supplies.

The Government’s evaluation will focus on any significant weaknesses and/or deficiencies associated with an offeror’s proposed approach by analyzing the potential for disruption of schedule, increased cost or degradation of performance, the possible need for increased Government oversight, and the likelihood of unsuccessful contract performance.

(iii) SMALL BUSINESS PARTICIPATION. The Small Business Participation factor will be evaluated based on the information submitted by offerors regarding whether their proposals demonstrate a commitment to small businesses. Offerors will also be evaluated on their history in complying with requirements of the clauses at FAR 52.219-8, Utilization of Small Business Concerns, and FAR 52.219-9, Small Business Subcontracting Plan approved by DLA Energy.

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

(v) RELATIVE WEIGHTING OF EVALUATION FACTORS. Past Performance is the most important non-price evaluation factor and Small Business Participation is the least important non-price evaluation factor. Technical Capability/Risk is not as important as Past Performance, but is significantly more important than Small Business Participation. When combined, all three of these non-price evaluation factors are weighted approximately equal to Price. If two offers are equal in merit, lowest price will be the determining factor.

(b) RESERVED.

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.