SP0600-10-R-0419_A0005.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 SP0600-10-0937 1 of 33

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

SP0600-10-R-0419 April 28, 2010

7. FOR SOLICITATION

INFORMATION CALL ►

A. NAME B. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/

LOCAL TIME

Bryan Simmons and Jezabel Avilés Tel (703) 767 – 8531/2394 Fax: (703) 767 – 8757

Due by 12:00 PM, local Ft. Belvoir, VA Time on Wednesday, June 9, 2010

9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB

DESTINATION UNLESS

12. DISCOUNT TERMS

Defense Logistics Agency Energy Electricity/Renewable & ESPC Branch, Installation Energy 8725 John J. Kingman Road, Suite 3827 Fort Belvoir, VA 22060-6222 Buyer/Symbol: Bryan Simmons and Jezabel Avilés /

DESC-AE

E-mail: bryan.simmons@dla.mil or jezabel.aviles@dla.mil Purchase Program: 8.1

UNRESTRICTED OR

SET-ASIDE % FOR:

SMALL BUSINESS

EMERGING SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE DISABLED VETERAN-

OWNED SMALL BUSINESS

8(A)

BLOCK IS MARKED

SEE SCHEDULE

NAICS: 221112

SIZE STANDARD: 4 Million MWh*

13a. THIS CONTRACT IS A RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

K

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINSTERED BY CODE SP0600

See Schedule See Block 9

17a. CONTRACTOR/OFFEROR CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

See Paragraph C of Clause C800

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:

SEE ADDENDUM

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Part I Various DoD and Federal Civilian Installations 1,704,509,247 kWh Part I

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATIONS INCORPORATE 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. CONTRACTS/PURCHASE ORDERS INCORPORATE BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_ 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 HEREIN.

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

Cynthia G. Ralph

31c. DATE SIGNED mailto:bryan.simmons@dla.mil� mailto:jezabel.aviles@dla.mil�

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

Continuation of SF1449, Block 8:

Receipt of Offers, Technical and Pricing Data (Attachment III) for all solicited Installations are due as follows:

TECHNICAL DATA (NEEDED BY ALL SUPPLIERS INTENDING TO OFFER ON ANY LINE ITEM)

Due by 12:00 p.m., local Fort Belvoir, VA time on June 09 2010:

1. Standard Form 1449

2. Certifications and Representations

3. Technical/Management Proposal

4. Past Performance Proposal

5. Socioeconomic Proposal

6. Listing of anticipated line items on which an offer will probably be made

7. Invoice

8. Provide a list of any exceptions to the solicitation.

NOTE 1: All exceptions to the solicitation must be received with the Technical Data Submission. The Government reserves the right NOT to entertain exceptions received after the Technical Data Submission due date.

NOTE 2: Prospective offerors are encouraged to review Federal Acquisition Regulation 15.208 regarding timely submission of offers.

Specifically, please be aware that it is the offeror's responsibility to ensure that their offer is actually received at the designated Government office prior to the solicitation closing. Submission of offers by electronic commerce (e.g. e-mail or fax) is governed by 15.208(b)(1)(i). If an offeror electronically submits its offer on the day the solicitation closes, then timeliness will be determined based on whether or not the offer was ACTUALLY RECEIVED prior to closing. In that situation, the offeror will bear the risk of any delay in the transmission of their offer (e.g. offeror clicked "send" prior to the closing of the solicitation, but the e-mail did not arrive until after the time for closing), and offers not actually received prior to closing will be late. However, pursuant to FAR 15.208(b)(1)(i), if an offeror utilizes a means of electronic commerce to send their offer and transmits it not later than 5:00 p.m. ONE DAY PRIOR to the time for closing (and can prove that they have done so), then the offeror will be protected from such unexpected transmission delays and its offer will be considered timely. Therefore, to minimize the risk of a "late" offer, offerors submitting their offers via electronic commerce are strongly encouraged whenever possible to transmit their offers not later than 5:00 p.m. one day prior to the solicitation closing.

PRICING DATA for All Accounts (USE Attachment III): WILL BE DETERMINED AT A LATER DATE.

NOTE 1: Prices identified as “Indicative” will not be considered for award.

NOTE 2: Facsimile (signed) executable prices must accompany the email price proposal. The fax number is (703) 767-8757.

NOTE 3: The Transaction fee shall not exceed ten (10) places beyond the decimal point.

NOTE 4: All amendments must be signed and submitted prior to pricing date.

NOTE 5: Attachments III and III – MCPE must include a signature of an authorized negotiator.

TO VIEW ANY FEDERAL ACQUISITION REGULATION (FAR), OFFERORS MAY USE THE FOLLOWING WEBSITE:

http://www.acqnet.gov/far/current/html/FARMTOC.html.

For all Small Business issues, please call Ms. Joan Turrisi at 703-767-9465 (Email: Joan.Turrisi@dla.mil) or Ms. Virginia Broadnax at 703-767-9400 (Email: Virginia.Broadnax@dla.mil).

http://www.acqnet.gov/far/current/html/FARMTOC.html� mailto:Joan.Turrisi@dla.mil� mailto:Virginia.Broadnax@dla.mil�

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

PART I

1. SUPPLIES TO BE FURNISHED (ELECTRICITY)

(a) The contract quantities shown below are best estimates based on historical data only of the Government’s requirements for the contract period. The Contractor shall supply and deliver electricity and any ancillary services required in the STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) clause. Contract performance shall be accomplished in accordance with the terms and conditions of this contract.

(b) As used throughout this solicitation/contract, kW means kilowatt; kWh means kilowatt-hour; and UDC means Utility Distribution Company. Below are the acronyms and full names of each utility service area, public utility commission, the applicable NERC region, and Regional Transmission Operator (RTO) / Independent System Operator (ISO).

RTO/ISO: ERCOT-ISO ERCOT Independent System Operator

Applicable NERC Region: ERCOT Electric Reliability Council of Texas, Inc.

Public Utility Commission: PUCT Public Utility of Texas

Utility Service Area: AEP Centerpoint Nueces Electric Cooperative TXU Electric Delivery West Texas Utilities

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

Line Item Number

Location/ Installation Name

Accounts Number of

Name(s) Spreadsheet

4801 Fort Hood 5 Fort Hood.xls 4802 Navy Reserves 4 Navy Reserves.xls 4802 JRB Navy Reserves 4 JRB Navy Reserves.xls 4803 Army Reserves 36 Army Reserves.xls 4811 Naval Air Station Corpus Christi 3 NAS Corpus Christi.xls 4812 Naval Air Station Kingsville 23 NAS Kingsville.xls 4812 Naval Air Station Kingsville

Nueces 3 NAS Kingsville Nueces.xls

4813 Air Force Space Command 1 AF Space.xls 4814 Customs Border Protection (CBP) 258 CBP.xls 4814 Immigration and customs

Enforcement (ICE) 38 ICE.xls

4815 US Department of Agriculture

(USDA)

11 USDA.xls

4816 Dyess Air Force Base 11 Dyess AFB.xls 4817 Army/Air Force Exchange Service

(AAFES)

13 AAFES.xls

4830 Marine Corps Recruiting Command Galveston

1 MCRC Galveston.xls

(d) The Government is soliciting offers for a 24-month delivery period (meter read date January 2011 through the meter read date January 2013) for all accounts. Specifics for each line item are provided with each individual Installation Data Sheet. The information includes: (1) Line Item Number, (2) Location, (3) Local Electric Utility, (4) Current Tariff Rate, (5) Utility Account Number; (6) Contract Performance Period, and (7) Monthly Consumption and Demand Data.

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

(e) The Government is soliciting offers for Firm Fixed Price Requirements Type and Requirements Type utilizing Market Clearing Price for Energy (MCPE) basis for electricity.

NOTE 1: The following installations will be solicited as Firm Fixed Price Requirements: Fort Hood, Army Reserves, Air Force Space Command, USDA, Customs Border Patrol, Immigration and Customs Enforcement, and AAFES.

NOTE 2: The following installations will be solicited as Market Clearing Price for Energy (MCPE) Requirements: Navy Reserves, JRB Navy Reserves, NAS Corpus Christi, NAS Kingsville, Dyess AFB and MCRC Galveston. For ALL Navy accounts, Dyess AFB, and MCRC Galveston ONLY the Transaction Fee shall be a single price, which encompasses the entire installation for the entire delivery period.

(f) Offerors may submit prices on all, some or none of the line items contained in the solicitation and may do so on a stand-alone basis and/or as one or more combinations of all-or-none offers (see Attachment III). If an offeror chooses to submit more than one all-or-none offer, they may do so by submitting a separate Attachment III for each.

NOTE 1: For purposes of this clause, the term “line items” is defined as installations.

INT-B1.08 (DESC APR 2008)

SPECIAL NOTES

1. The Government is seeking offer prices that include only the competitive retail charges. As such, offer prices should include all competitive retail charges anticipated to be in effect during the delivery period, with TDSP charges billed as a direct pass-through with no additional markup.

2. There shall be no “out of cycle” meter reads permitted. The delivery period for any contract resulting from this solicitation will begin with the regularly scheduled utility meter read date January 2011.

3. Fort Hood line items 4801b and 4801c have January meter reads that occur in December. Contractor is responsible for checking the TXU

Electric Delivery meter reading schedule (http://www.oncorgroup.com/electricity/metering/default.asp) to ensure that accounts are switched on the correct meter read.

4. Gross Receipts Tax – Ft. Hood is exempt from paying GRT; therefore offered prices for Ft. Hood shall not include GRT.

5. Offerors are advised that the price evaluation of a proposal from the Texas General Land Office (GLO) will exclude GRT and PUC fees since this entity is exempt from payment of such taxes/fees.

a. Offerors shall include GRT and the PUC fee in the offered unit price/transaction fee for all Navy, Air Force, MCRC Galveston, and Army Reserve accounts (both shall remain unchanged for the entire delivery period).

b. Offerors shall include ONLY the PUC fee for Ft. Hood accounts (fee shall remain unchanged for the entire delivery period).

c. Offers shall not include either GRT or the PUC fee in the offered unit price for CBP, USDA, and AAFES accounts. GRT and

PUC fees shall be treated as a pass through.

NOTE: Changes in the GRT and the PUC fees are excluded from clauses FAR 52.212-4 (k) for all Navy, Air Force, Army Reserve and MCRC accounts. Changes in the PUC fee are excluded from clauses FAR 52.212-4 (k) for Ft. Hood accounts.

6. FORT HOOD SUB METER INFORMATION:

Sub meter accounts for Fort Hood:

a. The South Fort Account, Line Item 4801b has 2 sub metering accounts:

1. 6833211 / Venable

2. 1368872 / Meadows

b. The West Fort Account, Line Item 4801c has 3 sub metering accounts:

1. 6145073 / Clear Creek

2. 7920784 / PE Bldg

3. 7379400 / Montague

c. The West Fort2 Account, Line Item 4801e has 4 sub metering accounts:

1. 1368996 / Duncan http://www.oncorgroup.com/electricity/metering/default.asp�

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

2. 8640604 / Audie Murphy

3. 8662087 / Oveta Culp Hobby

4. 8729450/ Audie Murpy Pump House

The above sub meters are property of TXU Electric Delivery (the T&D company-wires company) and are used to meter various Killeen Independent School District (KISD) schools, which are located on Fort Hood’s property.

Contractors can access and download the monthly usage data for the eight (8) submeters via the web by accessing Oncor (TXU Electric Delivery) website at the link listed below.

http://www.txuelectricdelivery.com/e&g_reprelations/main.ser?url=/login_nonres

7. Please note that the following Ft. Hood accounts are now considered to be in the South Zone:

Line Item 4801a ESID #: 10443720004006688 Line Item 4801b ESID #: 10443720001369461 Line Item 4801c ESID #: 10443720001369492 Line Item 4801e ESID #: 10443720009416007

The following account is in the North Zone:

Line Item 4801d ESID #: 10443720002855787

8. Fort Hood ESI ID 10443720009416007 (53100 Clarke Road; Killeen, TX) is subject to the High Voltage Rate tariff. The substation was initially tested during the month of June 2007, via a transfer from West Fort Hood account ESI ID 10443720001369492. Final testing of substation was completed in October 2008 and put in full operation. Loads added to substation were transferred from the Main and West Fort Hood substations.

9. It is anticipated that the ERCOT market will transition from a zonal market structure to a nodal and/or trading hub market structure on

December 1, 2010. Upon the implementation of the transition, any new or increased ERCOT or PUCT fees/charges that arise as a direct result of the zonal to nodal market change will be classified as “new” charges and shall fall under the Electricity Regulatory Changes clause (excluding energy charges).

10. FOR FIRM FIXED PRICE ACCOUNTS ONLY. The Firm Fixed prices shall also include transmission and distribution losses to the

Service Point (customer's meter), and the amount of kWh billed to the Service Point should match the Service Point's metered electricity consumption for the month.

11. FOR ALL NAVY ACCOUNTS, DYESS AFB AND MCRC GALVESTON ONLY. The Transaction Fee shall be a single price, which encompasses the entire installation for the entire delivery period. Except for the NAS Kingsville accounts located in the NEUCES territory.

NAS Kingsville line items 4812p, 4812ab, and 4812ac will be solicited as NAS Kingsville Nueces. NAS Kingsville and NAS Kingsville Nueces can be awarded separately.

12. DEMAND RESPONSE: Dyess Air Force Base is currently participating in the Demand Response Program and is currently with EnerNOC.

All credits resulting from the Demand Response Program will be placed on the invoice at no charge to Dyess AFB.

13. PRICING: Offerors may submit prices based on the requirements clause (load following) and/or in accordance with the bandwidth clause.

Both will be evaluated on an equal basis.

14. FOR ARMY RESERVE LINE ITEMS 4803a, 4803aj, 4803b, 4803c, 4803d, 4803n, 4803o, 4803p, 4803q, 4803r, 4803s, 4803t, 4803y, and 4803z : The Army Reserves has facilities on the Base Realignment and Closure List (BRAC) and is scheduled to close fourteen (14) facilities before or around 31 Dec 2012. Also the Army Reserves is currently constructing several new facilities with square footage large than the ones they will be replacing. Load will reduce by about 25 % once all fourteen (14) facilities are closed in 2012.

15. CBP SEMI-AUNNUAL USAGE REPORT: CBP request a semi-annual usages report for all line items. Information to include in the report will include but is not limited to ESID, Installation Description, Service Address, Start date, End Date, Total kHw Usage, On Peak Usage (if available), Off Peak Usage ( if available) , and Sum of Charges.

http://www.txuelectricdelivery.com/e&g_reprelations/main.ser?url=/login_nonres�

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

16. FOR FORT HOOD ONLY: Clause DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS as incorporated by reference in Part II, Section 8, Clause DFARS 252.212-7001 (Nov 2009) CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS is applicable to Fort Hood.

2. MARKET CLEARING PRICE FOR ENERGY (ELECTRICITY)

This clause applies to Dyess AFB, ALL Navy, and MCRC Galveston ONLY.

(a) The total amount charged by the Contractor [for accounts listed in Attachment III for Navy Reserves, JRB Navy Reserves, NAS Corpus Christi, NAS Kingsville, MCRC Galveston, and Dyess AFB] each month shall equal the sum of the following components:

(1) ENERGY. For each 15-minute interval of the month, the Government shall pay the Contractor the product of the Market Clearing Price for Energy (MCPE) for the applicable Electric Reliability Council of Texas (ERCOT) Zone through which the account is served and the metered load of the account increased for line losses to the same ERCOT zone.

(2) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total energy consumption in that month. Payment of this fee shall compensate the Contractor for all retail service charges, fees, and applicable taxes associated with supplying energy to the point of delivery. The price of the fixed fee shall remain constant throughout the contract term.

(b) INDICES. In the event that the ERCOT MCPE or any other index upon which any price is determined is either no longer published or is substantially altered in derivation or application (including, but not limited to, the elimination of price caps), the parties shall agree upon a substitute index. If the parties fail to agree on an appropriate substitute index, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of the contract.

INT-B815 (DESC FEB 2009)

3. CONTRACT PRICE CONVERSION (ELECTRICITY)

This clause applies to Dyess AFB, ALL Navy and MCRC Galveston ONLY.

(a) At any time during contract performance, the Government and the Contractor can mutually agree to convert any Market Clearing Price based contract line items quantity to a firm-fixed price for a specific delivery month(s) or for the remainder of the delivery period, based on the historical usage identified in the Installation Data Sheets. Either party can initiate such a proposal for a specific delivery month(s) or for the remaining contract period. The proposal to convert must identify the contract line item(s) for which conversion is proposed and specify a period for acceptance in LOCAL TIME, FORT BELVOIR, VIRGINIA.

(b) Price negotiations may be held. If the Government accepts a proposal, the contract will be modified to reflect the revised price(s).

Acceptance by the Government of the Contractor’s price proposal within the time limit allotted by the Contractor for acceptance of the price proposal shall be binding.

(c) The quantities agreed upon at the time of acceptance of the Contractor’s proposal shall be used to establish the monthly estimated quantity for purposes of the ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD BANDWIDTH clause, should actual quantities deviate from estimates. Electricity provided by the Contractor in excess of the established bandwidth shall be priced in accordance with the ELECTRICITY ORDERING PROCEDURES clause.

INT-B806 (DESC FEB 2009)

4. STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY)

(a) STATEMENT OF WORK. The Contractor shall supply electricity and any ancillary services required to deliver electricity to the point of delivery and for the scheduling and coordination of the delivery of electricity to the service point for each account under the contract. All quantities ordered by the Government shall be considered firm and guaranteed for delivery by the Contractor to the delivery point, and for scheduling and coordinating, for ultimate delivery to the service point for each account. Charges incurred as a result of the Contractor's failure to abide by the terms of the applicable Retail Access rules and/or the UDC Service Agreement shall be the responsibility of the Contractor. With the exception of any and all transmission and distribution related charges payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor's failure to perform in accordance with the contract), the Contractor is responsible for all costs associated with deliveries to the delivery point and the scheduling and coordination for delivery of electricity to the service point for each account under the contract. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the nondelivery of the firm requirements in accordance with paragraphs (f) and (m) of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause.

(b) INVOICE AND PAYMENT. The Government will utilize Consolidated Retail Electric Provider (REP) Billing. The Government will not pay any additional charges for billing services. The contractor shall provide a single bill for all accounts at each installation serviced under any contract. The address to which said invoices shall be submitted will be provided at the time of contract award. Each invoice shall be prepared in a manner consistent with all REP/UDC arrangements and shall conform to all Public Utility Commission of Texas (PUCT) requirements for REP Consolidated Billing. In addition to the requirements set forth in FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS Paragraph (g), each contractor invoice shall include the following information:

(1) Installation name, Line Item, and individual account information (Account Number and ESID, Meter Number, and Service Address).

The invoice shall also include the Supplier's information such as logo, address, point of contact (name and phone number), and wiring information.

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

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

(3) Total consumption for each account number and ESID (broken down by Peak, Off-Peak, Semi-Peak if applicable). NOTE:

Applicable to Dyess AFB ONLY – 15 minute actual metered usage shall be provided in addition to 15 minute loss adjusted metered usage.

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

(5) Demand information for each account number and ESID (broken down by Peak, Off-Peak, 4CP peak, 4NCP, Semi-Peak if applicable). The demand information shall also include date and time of occurrence.

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

Number (7) applies to Ft. Hood ONLY:

(7) All of the above information shall clearly include any and all sub-metered accounts/customers info required to provide net consumption and demand information used to generate the required invoice. The Contracting Officer upon award will provide these sub-metered accounts. When sub-metered account information is required, this information (for dates and time of occurrences) shall be provided and shall also coincide with the customer's account information. Contractor shall be responsible for securing/obtaining the sub-metered accounts from the appropriate agency/company. The customer is not considered an Agency/company.

(8) UDC/TDSP “pass through” charges for UDC/TDSP services, CLEARLY broken out in detail for each account number and ESID in a manner consistent with REP/UDC/TDSP arrangements and PUCT requirements. The UDC/TDSP charges will be based on the Transmission and Distribution Rates for investor owned utilities available at: http://www.puc.state.tx.us/electric/rates/TDR.cfm.

Standard UDC/TDSP tariff titles of each rate shall be used.

The following shall be provided, per element, with each UDC/TDSP “pass through” charge:

a. usage

b. rate

c. charge

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

(9) All of the above info shall be clearly shown on the invoice to include any transmission loss factors.

(10) Each bill shall contain all UDC/TDSP and supplier charges (no partial bills will be accepted).

(11) All supporting documentation is required before payment will be made. SPECIAL NOTE FOR FORT HOOD: Fort Hood has a checklist that is used for invoice verification and is available upon request to the Contracting Officer.

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

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

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

For the purposes of this contract, the address designated to receive invoices in accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 1999), paragraph (g), the address designated to receive invoices will be provided on the date of award.

For the purposes of this contract, the invoice to which reference is made in FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2002), paragraph (i) refers to the energy portion of the Consolidated REP Invoice and the TDSP charges from the UDC to be forwarded to the Government for payment.

For the purposes of this contract, the payment to which reference is made in FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2002), paragraph (i) refers to the payment made by the Government against the Consolidated REP Invoice.

FOR NAS Kingsville line items 4812p & 4812ab and CBP line item 4814bz ONLY:

The Government will utilize Dual Billing. All invoicing shall be based on meter quantities at the service point for each account. All costs associated with billing shall be included in the offered price. The Government will not pay any additional charges for billing services. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Each invoice shall be prepared in a manner consistent with and shall conform to the state’s utility regulatory agency/commission requirements for Dual Billing. In addition to the requirements set forth in FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS Paragraph (g), each contractor invoice shall include the following information:

http://www.puc.state.tx.us/electric/rates/TDR.cfm�

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

(1) Installation name, Line Item, and individual account information (ESI ID Number, Meter Number, and Service Location)

(2) Billing period for each account

(3) Total consumption for each account (broken down by Peak, Off-Peak, Semi-Peak if applicable)

(4) Demand information for each account (broken down by Peak, Off-Peak, Semi-Peak if applicable)

(5) Total energy charge (broken down by energy charges and demand charges)

(6) TDSP “pass through” charges for TDSP services broken out in detail for each account in a manner consistent with alternate supplier/TDSP arrangements and state regulatory requirements.

(8) All information required by the state’s utility regulatory agency/commission to be included on customer invoices.

The paying offices for each installation awarded under any resultant contract will be identified below:

Installation Paying Office

TO BE PROVIDED AT TIME OF AWARD

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

(d) SCHEDULING AND SUPPLY MANAGEMENT. It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the time period specified herein. The Contractor shall be responsible for supply management and overall coordination of production, transmission, and distribution of electrical power to the service point of each account identified in the contract. As such, the Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract. The Government will not pay any costs associated with the Contractor's failure to deliver electrical power at the delivery point sufficient to meet the demand at the service point of each account under the contract or to schedule and coordinate for the delivery of electricity to each service point.

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

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

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

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

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

(j) ADDING FUTURE ACCOUNTS. It is possible that additional accounts not included in the solicitation may be added to the resultant contract(s). In that event, the Government will provide the Contractor with the facility’s electric requirement (if available) and the two parties shall enter into good faith negotiations to determine a price. A bilateral modification will be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award.

INT-C800 (DESC AUG 2005)

5. CENTRAL CONTRACTOR REGISTRATION

(a) DEFINITIONS. As used in this clause—

CENTRAL CONTRACTOR REGISTRATION (CCR) DATABASE means the primary Government repository for Contractor information required for the conduct of business with the Government.

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

DATA UNIVERSAL NUMBERING SYSTEM+4 (DUNS+4) NUMBER means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

REGISTERED IN THE CCR DATABASE means that—

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to 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 “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The

Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR http://fedgov.dnb.com/webform�

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

FAR 52.204-7 (APR 2008)

6. TAILORED PARAGRAPHS OF FAR CLASUE 52.212-4 CONTRACT TERMS AND CONFIDTIONS. ALL OTHER INSTURCITONS INCLUDED IN FAR 52.212-4 ARE HEREBY IN CORPORATED BY REFERENCE (SEE BLOCK 27A OF STANDARD

FORM 1449)

(f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or transmission failure. An excusable delay or similar event suffered by an independent service operator (ISO) (or an equivalent of an ISO) or a utility distribution company (or electric distribution company or transmission distribution services provider) shall constitute an excusable delay hereunder. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly provide notice to the Contracting Officer of the cessation of such occurrence. Upon delivery of notice of the occurrence of an excusable delay, the obligations of the Contractor shall be suspended to the extent affected by such excusable delay.

(k) TAXES .

(1) The contract price includes all applicable Federal, State, and local taxes and duties in effect at contract signing.

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

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

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE

(1) In accordance with all applicable state and local distribution company regulations, the Government reserves the right to terminate this contract with respect to any or all contract quantities, for its sole convenience. In the event of such termination, the Contractor shall cease deliveries hereunder with respect to such terminated contract quantities on the first allowable date subsequent to such termination according to the applicable tariff sheets of the local distribution company. The Contractor shall cause any and all of its suppliers and subcontractors to cease work related to this contract prior to the date and time specified by the Government for the termination. Subject to the terms and conditions of this contract, the Contractor shall be paid for electricity delivered under the contract prior t the date and time specified by the Government for the termination of any or all contract quantities plus any additional energy the Contractor is required to deliver for the Government’s account under applicable location distribution company tariff sheets.

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

(i) Firm Fixed Price:

A = Σ (B - C)*D

Where-- A = Termination value.

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

C = Forward market bid price, defined herein.

D = Contract quantity for each usage period for each season (based on data listed in the Installation Data Sheets).

http://www.ccr.gov/�

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

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

(B) The forward market bid price shall be defined as the average of on and off peak prices at ERCOT for a term equal to the remaining term of the contract. The forward market price will be determined by the Contractor in a commercially reasonable manner, which may include polling energy brokers on the date of termination. The Government shall have the right to reasonably audit forward market price data obtained by the Contractor.

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

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

(m) TERMINATION FOR CAUSE. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor 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 cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

FAR 52.212-4, tailored (DESC JUN 2009)

7. NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY)

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 tariff/rate hearing that would reasonably be expected to have impact on the installations within a commercially reasonable time frame (five business days). Failure of the Contractor to comply with this provision shall not be grounds for termination for cause.

NOTE: Email notification is acceptable, provided it includes the specific tariff change (via cut and paste) and its effective date.

INT-H800 (DESC JUN 2005)

8. ELECTRICITY ORDERING PROCEDURES

For the purposes of this contract, the instantaneous load at the service point, as described in the individual Installation Data Sheets, shall constitute an order for electricity to be furnished under this contract.

INT-I800 (DESC FEB 2002)

9. REQUIREMENTS (ELECTRICITY)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

DEFENSE LOGISTICS AGENCY ENERGY SP0600-10-R-0419

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after January 2013 (for accounts).

FAR 52.216-21 (OCT 1995)

10. ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD BANDWIDTH (ADDER TO

THE AVERAGE MARKET PRICE)

NOTE 1: This clause is only applicable to Fort Hood, Army Reserves, Air Force Space Command, and AAFES. Bandwidth calculations shall be calculated on an installation basis.

(a) The Government may consume electricity within the allowable variances in consumption specified in the contract (bandwidth) without adjustment to the contract price.