SF 30 Amd 0010_11.20.2024.pdf

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Attached to
DLA Energy - Carbon-Pollution Free Electricity/Retail Electricity 2024
Solicitation number
SP0604-24-R-0421
Issued by

About this file

This document is Amendment 0010 to Solicitation SP0604-24-R-0421 issued by the Defense Logistics Agency (DLA) Energy for the purchase of carbon-pollution free electricity (CFE) with associated energy attribute certificates (EACs) and supplemental grid electricity in the PJM Interconnection/Regional Transmission Operator (PJM/RTO) region.

The amendment incorporates several changes, including adding a new acronym, incorporating clauses related to prohibited sources of photovoltaic systems, modifying submission requirements, and providing additional details on the Notice of Intent to Award (NOITA) process and related contingencies. The solicitation seeks CFE and supplemental grid electricity to meet the electricity requirements of federal civilian and Defense agencies located in the PJM/RTO region, with an estimated total annual quantity of 2,489,699,610 kWhs. Offers must be submitted approximately 30 days after the solicitation is issued, with contract execution planned for December 2024 for a 20-year delivery period.

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

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

SP0604

Charlene B. Woods

PJM CARBON-POLLUTION FREE ELECTRICITY/RETAIL ELECTRICITY

REQUEST FOR PROPOSALS -SP0604-24-R-0421

See Continuation Page

SP0604

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J. KINGMAN ROAD, STP 3950

FORT BELVOIR, VA 22060-6222

BUYER/SYMBOL: Felicia Hightower /DLA Energy-CC

RFP/SP0604-24-R-0421

1 4

11/20/2024

07/31/2024

PJM CFE 2024 Amendment 0010 RFP SP0604-24-R-0421 Page 2 of 4

1. The changes set forth herein are incorporated into Solicitation SP0604-24-R-0421.

Section A

2. Page 4, Section A.1.2 Acronyms, is hereby amended to add the following acronym:

• NOITA- Notice of Intent to Award

Section H

3. Page 18, Section H(4), Prohibited Sources of Photovoltaic Systems is hereby incorporated by full text.

Prohibited Sources of Photovoltaic Systems

(a) Definitions. As used in this clause—

“Photovoltaic system” means a system that generates electricity and includes one or more solar panels;

inverters; and any other electrical or mechanical hardware necessary to convert light into electricity.

"Prohibited source" has the meaning given in paragraphs (A), (B), or (C) of the definition for "foreign entity of concern" at 15 U.S.C. 4651)8).

“Prohibited source photovoltaic system” means a photovoltaic system that—

(1) Is manufactured by, or within the geographical jurisdiction of, a prohibited source; or

(2) Is substantially transformed by, or within the geographical jurisdiction of, a prohibited source into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Restriction. The Contractor shall not utilize a prohibited source photovoltaic system in performance of this contract.

(End of clause)

4. Page 18, Section H(5), Certification Regarding Prohibited Sources of Photovoltaic Systems is hereby incorporated by full text.

Certification Regarding Prohibited Sources of Photovoltaic Systems

(a) Definitions. “Photovoltaic system,” “Prohibited source,” “Prohibited source photovoltaic system,” and “United States” have the meanings given in the Prohibited Sources of Photovoltaic Systems clause of this solicitation.

(b) Certification. [The Offeror shall check the block below and submit this filled-in certification with its proposal.]

_____ The Offeror certifies that it will not use a prohibited source photovoltaic system in performance of this contract.

(End of provision)

PJM CFE 2024 Amendment 0010 RFP SP0604-24-R-0421 Page 3 of 4

Section I

5. Page 30, Section I (b), FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITMS (MAY 2024) is hereby amended to unmark the following clause:

• (50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

6. Page 39, Section I, Clauses and Provisions Incorporated by Reference is hereby amended to delete the following:

• DFARS 252.225-7001 Buy American and Balance of Payment Program – Basic Feb 2024

• DFARS 252.225-7021 Trade Agreements – Basic Feb 2024

• DFARS 252.225-7017 Photovoltaic Devices – Mar 2024

• DFARS 252.225-7018 Photovoltaic Devices Certificate – Mar 2024

Section L

7. Page 66, Section L.4(J)(X)(a), Submission, Modification, Revision, and Withdrawal of Proposals is hereby amended to the following language:

• However, if the offeror needs to refresh their pricing information, they may do so every 30 days until submission of final proposal revisions. Once a Notice of Intent to Award is issued (NOITA) prices shall not change.

8. Page 69, Section L.5 (A)(I)(a)(5), Factor 1 Technical Capability/Risk, Implementation Plan is hereby amended to add the following language:

• Documentation supporting the compliance of each New-build CFE resources with the requirements of

Section H(4) and H(5).

9. Page 74, Section L.5(E)(I)(k)(m), Volume V/Contract Documentation is hereby amended to add the following language:

• Certification Regarding Prohibited Sources of Photovoltaic Systems. Reference Section H(5).

10. Page 74, Section L.7- Competitive Range, is hereby amended to L.6-Competitive Range.

11. Page 74, Section L.7(A)(a)-(b), Information for Offerors Regarding the Notice of Intent to Award (NOITA) is hereby amended to add the following language:

• Issuance of NOITA. After evaluation of proposals, the Government will issue a NOITA to the Offeror whose proposal represents the best value to the Government. The NOITA does not constitute a commitment by the Government to make award, nor does it constitute a commitment to make any award at all under the solicitation

• After NOITA selection, all appropriate NEPA documentation will be accomplished by the Contractor with and provided to the Government prior to execution of this Contract at the expense of the Contractor. The Contractor shall construct, operate and maintain the EPF under full NEPA compliance outcomes, at all times.

• After NOITA selection, the Contractor shall provide the Government with copies of all studies/reports/potential actions related to environmental considerations regarding compliance with relevant wildlife laws and regulations, potential impact to species, and potential courses of action to avoid, minimize, and compensate for potential adverse effects on species of concern and their habitats, as well as any other Contractor compliance with mitigation measures identified under the NEPA analysis.

PJM CFE 2024 Amendment 0010 RFP SP0604-24-R-0421 Page 4 of 4

12. Page 75, Section L.7(B)(a)-(d), Information for Offerors Regarding the Notice of Intent to Award (NOITA) is

• Contingencies of Notice of Intent to Award (NOITA). Any award is contingent upon timely completion of items identified at the time of formal NOITA issuance. At a minimum, the following items will be required.

• Completion of National Environmental Policy Act analysis requirements. A favorable decision document must be signed prior to the construction of the CFE generating assets.

• The Contractor is responsible for gaining approval from the UDC interconnection and complying with the UDC’s interconnection requirements and any UDC required or proposed upgrades to the system. The Government reserves the right to request these documents, as needed.

• Finalization of all contract terms and conditions.

• Approval from the DoD Deputy Assistant Secretary of Defense for Installations and Environment for the use of 10 USC 2922a authority.

Section M

13. Page 80, Section M.6(A)(a)-(b) Information for Offerors Regarding the Notice of Intent to Award (NOITA) is

• Issuance of NOITA. After evaluation of proposals, the Government will issue a NOITA to the Offeror whose proposal represents the best value to the Government. The NOITA does not constitute a commitment by the Government to make award, nor does it constitute a commitment to make any award at all under the solicitation.

• After NOITA selection, all appropriate NEPA documentation will be accomplished by the Contractor with and provided to the Government prior to execution of this Contract at the expense of the Contractor. The Contractor shall construct, operate and maintain the EPF under full NEPA compliance outcomes, at all times.

• After NOITA selection, the Contractor shall provide the Government with copies of all studies/reports/potential actions related to environmental considerations regarding compliance with relevant wildlife laws and regulations, potential impact to species, and potential courses of action to avoid, minimize, and compensate for potential adverse effects on species of concern and their habitats, as well as any other Contractor compliance with mitigation measures identified under the NEPA analysis.

14. Page 80, Section M.6(B) is hereby amended to delete the following language:

• Contingencies of Contract Award

15. Page 80, Section M.6(B)(a)-(d), Contingencies of Notice of Intent to Award is hereby amended to add the following language:

• Contingencies of Notice of Intent to Award (NOITA). Any award is contingent upon timely completion of items identified at the time of formal NOITA issuance. Any award is contingent upon timely completion of items identified at the time of formal NOITA issuance. At a minimum, the following items will be required.

• Finalization of all contract terms and conditions.

Other Changes

16. The RFP is hereby modified to incorporate the following additional information:

• Requests for Information (Group 9) submitted to the RFP requirements, along with the Government’s response.

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