Coal RFP SP0604-26-R-0409 Amd 0007.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1 of 40

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

SP0604-26-R-0409 11 March 2026

7. FOR SOLICITATION

INFORMATION CALL ►

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

LOCAL TIME

Email: DLAEnergyResilience@dla.mil Phone: 445-737-9539 445-737-6129 14 July 2026 –

2:00 PM EDT

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

DESTINATION UNLESS

12. DISCOUNT TERMS

Defense Logistics Agency - Energy Installation Energy, Resilient Energy Branch 8725 John J. Kingman Road, Suite 3827 Fort Belvoir, VA 22060-6222 Purchase Program: 8.3

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: 950 employees

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 Invoicing Instructions

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

Department of War Implementing Executive (EO) Order 14386

Nationwide through Coal-Based Power Purchase Agreement(s) (PPA)

See page 2

MWh

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

28. 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:DLAEnergyResilience@dla.mil

EO 14386 NATIONWIDE COAL SP0604-26-R-0409

Amendment 0007

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 28 Section L – Instructions, conditions, and notices to offerors or respondents………..28 Section M – Evaluation factors for award…………………………………………...35

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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:

“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.

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

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

“Designated REP” means a certified REP of record with the PUC and a registered load servicing entity (LSE) within the appropriate ISO.

“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 any land, facility, or property under the control of the U.S.

Department of War (DoW) or a military department, designated for military operations, training, or support activities.

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

“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 an interconnect with the UDC owned or controlled transmission or distribution systems. To be provided in any DO-RFP.

“Service Point” means the meter(s) for each account. To be provided in any DO-

RFP.

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

“United States” means the fifty (50) states of the United States of America

(specifically including the non-contiguous states of Alaska and Hawaii) and the District of Columbia.

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.

“DO-PPA” means Delivery Order- Power Purchase Agreement.

“DO-RFP” means Delivery Order -Request for Proposal.

“DoW” means Department of War.

“EO” means Executive Order.

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

“IDIQ” means Indefinite Delivery, Indefinite Quantity.

“ISO” means Independent System Operator.

“kW” means a kilowatt of electrical energy.

“kWh” means a kilowatt hour of electrical energy.

“NTE” means not-to-exceed.

“PUC” means Public Utility Commission.

“REP” means Retail Electric Provider.

“RFP” means Request for Proposals.

“SAM” means the System for Award Management.

“SF” means Standard Form.

“UDC” means utility distribution company.

“UEI” means Unique Entity Identifier.

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.

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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 seeking to buy retail electricity generated from coal-fired energy production facilities and intends to award an Indefinite Delivery, Indefinite Quantity (IDIQ) contract from owners and/or operators of existing commercial coal-fired production facilities (CFPF), or offerors that have access to such facilities for this purpose, in accordance with 40 U.S.C. §501 and FAR Part 41. The Offeror shall provide electricity and ancillary services from one or more existing, operational, commercial CFPF interconnected to the grid within the United States.

B.2.1. Order Limitations / Contract Ceiling. This IDIQ contract has an anticipated base ordering period of 5 years.

DO-PPAs will be placed in accordance with Section H.4, Procedures for Awarding

Delivery Orders – Power Purchase Agreements. Any DO-PPA under this contract has a not-to-exceed (NTE) period of performance of 10 years. The Government is under no obligation to issue any DO-PPAs against this contract.

B.2.1.1. Total Maximum Contract Amount for each IDIQ contract is

$317,000,000.00 over a period of 5 years.

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B.2.1.2. Minimum Guarantee Order(s) Value for this IDIQ contract is $2,500.00, provided that the contractor can demonstrate it has exercised due diligence and made its best efforts to secure a DO-PPA.

B.2.1.3. Each initial and subsequent IDIQ contract will state its applicable minimum guarantee and maximum contract amount. Conducting an on-ramp or awarding an additional contract does not, by itself, increase an existing contractor’s maximum contract amount.

B.2.1.4. Proration of Minimum Guarantee for On-Ramp Awardees The Government anticipates up to four (4) open-season on-ramp solicitations over the five (5) year ordering period of the Master IDIQ in accordance with Section H.5.2. Scheduled On-Ramp Competitions. Because subsequent on-ramp awardees will have shortened ordering periods, the guaranteed minimum dollar amount shall be reduced by $500.00 for each subsequent open season. The minimum guarantee applicable to any contract awarded pursuant to an on-ramp solicitation shall be determined in accordance with the schedule contained under Section H.5.2.

B.2.2. Customers: Department of War (DoW) Installations within the United

States.

B.2.3. Contract Ordering Period.

B.2.3.1. The common ordering period is anticipated to be February 1, 2027, through January 31, 2032. Contracts awarded through subsequent on-ramp competitions will provide only the remaining portion of the common ordering period. An on-ramp award will not establish a new five-year ordering period.

B.2.3.2. For each awarded IDIQ contract, ordering is authorized beginning on the later of February 1, 2027, or the effective date of its IDIQ contract, and ending January 31, 2032, unless the contract is earlier canceled or terminated under its terms.

B.2.3.3. A DO-PPA issued during the applicable IDIQ ordering period may provide for performance after the ordering expiration date, subject to the contract’s delivery and performance limitations. Each DO-PPA remains subject to the maximum ten-year period of performance established in this solicitation.

B.2.4. Pricing. Will be requested at the DO-RFP.

Section C – Description/Specifications/Requirements.

C.1. Retail Electricity. The purpose of this IDIQ contract is to buy retail electricity from owners and/or operators of existing, operational, commercial CFPF, or offerors that have access to such facilities for this purpose, in accordance with 40 U.S.C. § 501 and FAR Part 41. The retail electricity provided under this contract shall conform to the tariff of the transmitting and/or distributing utility at the Point(s) of Delivery. The Contractor shall supply electricity from CFPF and any ancillary services required to deliver electricity to

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the Point of Delivery and for the scheduling and coordination of the delivery of retail electricity to the Service Point for each account.

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

Order 14386, Strengthening United States National Defense with America’s Beautiful Clean Coal Power Generation Fleet. In alignment with this directive—and with EO 14261 Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive order 14241, EO 14262 Strengthening the Reliability and Security of the United States Electric Grid, and EO 14156 Declaring a National Energy Emergency—it is the policy of the United States that coal fired power generation, and secure domestic coal supplies are essential to national and economic security. The Government intends to award Indefinite Delivery/Indefinite Quantity (IDIQ) contracts with multiple Delivery Order (DO) - Power Purchase Agreements (PPAs) for DoW retail coal electricity requirements.

C.3. General Performance Requirements.

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

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 retail 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 abide by the terms of the applicable retail access rules and the UDC service agreements, they shall be the Contractor’s responsibility.

C.3.2. Annual Review Report.

C.3.2.1. 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.

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C.3.2.2. 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 JA1, CFPF Attestation Forms. The completed attestation forms shall be provided to the Contracting Officers (DLA Energy and the Installation Contracting Officer).

C.3.2.2.1. 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.3.2.2.2. The Attestation Forms (Attachment JA1) 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. Taxes and Incentives.

C.4.1. 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.5. Instructions.

C.5.1. This IDIQ contract may only be used by DoW Military Installations.

C.5.2. DLA Energy may, at any time, and at its sole discretion, revise the guidance documents, templates, and project systems referenced in this IDIQ contract to facilitate effective and efficient administration of the IDIQ contract over the entire period of performance.

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Section D – RESERVED

Section E – Inspection and Acceptance.

E.1. Ordering. Will be identified in each DO-RFP.

Section F – Deliveries or Performance.

F.1. Contract Term and Place of Performance.

F.1.1. IDIQ Ordering Period. The common IDIQ ordering period is anticipated to be February 1, 2027, through January 31, 2032. Ordering under an individual contract begins on the later of February 1, 2027, or that contract’s effective date. All initial and on-ramp IDIQ awards will have the same ordering expiration date of January 31, 2032, unless earlier canceled or terminated.

F.1.2. Delivery Order Term. DO-PPAs must be issued within the applicable IDIQ contract’s ordering period. A DO-PPA may have a period of performance not exceeding ten years and may continue after expiration of the IDIQ ordering period, consistent with the IDIQ contract and the individual DO-PPA. Expiration of the ordering period does not, by itself, terminate an existing DO-PPA.

F.1.3. Place of Delivery and Performance. The place of delivery and performance for any supplies to be provided and services to be performed hereunder is DoW Installations within the United States, as identified in the individual DO-RFP(s).

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

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

Contracting Officer

Section G – Contract Administration.

G.1. IDIQ Contract Administration. Administration of this IDIQ contract shall be accomplished by DLA Energy.

G.1.1. Unauthorized Changes. The DLA Energy Contracting Officer is the only person authorized on behalf of the Government to approve changes in any of the requirements of the IDIQ 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:

DLA Energy

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

Email: DLAEnergyResilience@dla.mil

G.2. Contract Administration of Guidance Documents, Templates and Project Systems Related to the IDIQ Contract. The Government may, at any time, and at its sole discretion, revise the guidance documents and templates referenced in this IDIQ contract to facilitate effective and efficient administration of the IDIQ contract over the entire period of performance. The Government will notify the Contractor of any such revision a minimum of 60 days prior to the effective date of the revised version of the guidance document or template. The notification will include a brief summary of the proposed revision(s), why the revision(s) is being implemented, and the applicability of the revision(s) to future and/or current DO-PPA. If the proposed revision(s) may increase the cost or unduly delay participation in or performance of future and/or current DO-PPA, the Contractor must notify the Government within 15 calendar days of the proposed revision(s) notification. The Contractor shall continue participation in or performance of future and/or current DO-PPA projects pending resolution by the DLA Energy IDIQ Contracting Officer of any objections to the proposed revision(s) and shall comply with any decision of the DLA Energy IDIQ Contracting Officer. The DLA Energy IDIQ Contracting Officer will address any objections to the proposed revision(s) and issue a decision in a timely manner.

Continued participation in or performance of future and/or current DO-PPA without an

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objection to the proposed revision(s) constitutes acceptance of the revised guidance documents and templates.

G.3. Delivery Order - Power Purchase Agreement (DO-PPA) Administration.

Administration of the DO-PPA issued against this IDIQ contract shall be accomplished by a DLA Energy Contracting Officer, identified in the DO-PPA.

G.4. Invoice and Payment. The Contractor shall submit invoices in accordance with specific ordering instructions provided in each DO-PPA awarded under this IDIQ contract.

These instructions may vary by the DO-PPA.

G.5. Record Keeping Requirements.

G.5.1. 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.

G.5.1.1. 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.5.1.2. 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.

G.6. Public Statements or Press Releases. All communications or release of information to the public, the media, or Members of Congress prepared by the Contractor related to the IDIQ or the DO-PPA shall be reviewed and approved by DLA Energy’s public affairs representative prior to issuance. Therefore, the Contractor shall, at least 15 calendar days prior to the planned issue date, submit a draft copy to the DLA Energy Contracting Officer of any planned communications or releases of information to the public, the media, or Members of Congress. DLA Energy will obtain necessary reviews and clearances and provide the Contractor with the results of such reviews prior to the planned issue date.

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

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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.2. Deregulated Markets. The Government and the Contractor acknowledge that the Contractor may use a designated retail electric provider (REP) during the contract term to deliver the energy required to be supplied by the Contractor under any DO-PPA. In such case, the Contractor will advise the Government in writing of the appointment of the Designated REP and the Contractor, and the Government will cooperate to provide the Designated REP with any information or authorization required to perform its responsibilities as the Designated REP. If the Contractor does use a Designated REP for the delivery of energy on its behalf under the DO-PPA, the Contractor shall remain liable for the costs and obligations set forth in the contract irrespective of its appointment of the Designated REP and such appointment shall not alter the Government’s obligation under the DO-PPA.

H.3. Regulated Markets. The Government and the Contractor acknowledge that the Contractor shall align with the local utility’s tariff and operational structure.

H.4. Procedures for Awarding Delivery Order – Power Purchase Agreements.

The Government intends to award multiple IDIQ contracts for the work specified in this contract. Therefore, fair opportunity must be provided to all IDIQ contract awardees in accordance with FAR l6.505(b) Orders under multiple-award contracts.

H.4.1. Key Event for a Delivery Order – Power Purchase Agreement (DO- PPA) Award

The typical sequence of key events for award of a DO-PPA project is as follows:

a. DLA Energy Authorization – DLA Energy will request authorization from the IDIQ Contracting Officer.

b. Request for Proposal – DLA Energy will give notice and a fair opportunity for award to all IDIQ contract holders and will ultimately select an IDIQ contract holder using the selection methods described in the DO-RFP.

c. DO-PPA Submission – The Contractor submits a proposal, which includes technical and price components.

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d. DO-PPA Award – Based on negotiated DO-PPA proposals, the DLA Energy Contracting Officer awards a DO-PPA.

H.4.2. Contractor Selection Procedures

The DLA Energy Contracting Officer must provide each IDIQ contract holder with a fair opportunity to be considered for any DO-PPA award. In selecting a Contractor, the DLA Energy Contracting Officer may exercise discretion in developing the source selection procedures that comply with the FAR, all other applicable laws and regulations, and the framework of the selection method and the steps for selection that DLA Energy intends to use for the entire ordering process. All DO-RFPs issued under Section H.4. must be published on SAM.gov.

H.4.3. Evaluation Factors

The DLA Energy Contracting Officer shall consider technical and price components, unless otherwise specified in the DO-RFP.

H.4.4. Notification of Contractors Not Selected

The DLA Energy Contracting Officer must notify the Contractor(s) not selected that they are no longer being considered for award. The DLA Energy Contracting Officer must also provide an opportunity for debriefings when required by law consistent with FAR 16.507- 5(c) Orders valued above $7.5 million.

H.4.5. Fair Opportunity Consideration Award Method

a. The DLA Energy Contracting Officer shall provide a DO-RFP via SAM.gov in order to allow all IDIQ contract holders an opportunity.

b. The DLA Energy Contracting Officer shall review all responses submitted, conduct evaluations in accordance with the DO-RFP, and open discussions with the most highly rated Contractors.

c. The DLA Energy Contracting Officer shall award the DO-PPA.

d. Exceptions to the fair opportunity process are covered in FAR 16.507-

6(b).

H.4.6. Additional Information

a. Any DO-PPA award is conditioned upon the selected IDIQ contract holder meeting the pre-award requirements as specified by this IDIQ contract and by the DO-RFP.

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b. An active Federal Government contracts registration in SAM.gov is required when submitting an offer, at time of award and throughout the contract term.

c. The DLA Energy Contracting Officer may complete clauses and provision fill ins, tailor (if permitted by FAR), or insert additional FAR and/or DoW/DLA Energy specific requirements into the DO-RFP and DO-PPA, to the extent that such fill-in, tailoring or insertions do not alter the intent, principle, or substance of the IDIQ contract.

H.5. Scheduled Annual Open-Season On-Ramping and Contractor Off- Ramping

H.5.1. General. The Government will provide scheduled annual opportunities for additional IDIQ awards within the scope of Solicitation SP0604-26-R- 0409. These competitions are referred to as “on-ramps.” Removal of an IDIQ contractor from eligibility for future orders through an authorized contractual action is referred to as “off-ramping.” On-ramping and off-ramping do not, by themselves, expand the contract’s scope, increase an existing contract’s maximum amount, or extend its ordering period.

H.5.2. Scheduled On-Ramp Competitions.

a) The scheduled proposal submission windows are:

(1) Opens July 1, 2027, and closes August 31, 2027;

(2) Opens July 1, 2028, and closes August 31, 2028;

(3) Opens July 1, 2029, and closes August 31, 2029; and

(4) Opens July 1, 2030, and closes August 31, 2030.

Proposals must be received no later than 2:00 p.m. Eastern Time on the closing date of the applicable window.

(b) Given the shortened ordering periods for subsequent on-ramp awardees, the guaranteed minimum dollar amount shall be reduced by $500.00 for each successive open season. The minimum guarantee applicable to any contract awarded pursuant to an on-ramp solicitation shall be:

Open Period 1: $2,000.00 Open Period 2: $1,500.00 Open Period 3: $1,000.00 Open Period 4: $500.00

(c) Each on-ramp will be publicly announced on SAM.gov through an amendment incorporating the requirements of SP0604-26-R- 0409, to include updated federal regulatory requirements, expressly reopening competition for that on-ramp.

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(d) The Government will publish the applicable solicitation documents at the opening of each submission window.

(e) The Government anticipates completing each competition in time for additional contracts to become effective on February 1 following the submission window. These dates are planning estimates and do not guarantee an award date or an award.

(f) Changes to scheduled on-ramp competitions will be publicly announced on SAM.gov. Changes to an issued competition’s requirements or proposal receipt deadline will be incorporated by solicitation amendment.

(g) The Government may cancel a scheduled competition when supported by requirements. Cancellation will be publicly announced on SAM.gov.

H.5.3. Eligibility.

(a) Each on-ramp will be open to prospective offerors meeting its stated eligibility requirements, including offerors that did not participate in the initial competition and offerors that previously participated but did not receive an award.

(b) Prior participation, exclusion, or unsuccessful evaluation does not, by itself, establish eligibility or ineligibility for a later competition. Each offeror must submit a current proposal demonstrating compliance with the applicable requirements.

(c) Existing Master IDIQ contract holders are not required to recompete for their award, nor submit proposals during any subsequent open-season on-ramp solicitation. Once an IDIQ contract is executed, the Contractor's status remains fully active and valid for the entire duration of the established five (5) year basic ordering period, subject only to the standard off-ramp, suspension, or termination provisions contained herein. Contract holders shall not be required to renew, re-qualify, or re-verify their baseline technical eligibility solely because an on-ramp solicitation is conducted.

H.5.4. Applicable Requirements.

(a) On-ramp proposals shall meet the requirements of Solicitation

SP0604-26-R-0409 as expressly incorporated and amended.

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(b) Unless expressly revised through the solicitation process, the requirement for retail electricity from existing, operational, commercial coal-fired production facilities remains applicable.

(c) Offerors shall identify the facilities and arrangements upon which they rely to satisfy the solicitation’s requirements, consistent with Sections B, C, L, and M.

(d) An IDIQ award does not establish that a contractor is authorized or capable of serving every installation or operating in every regulated or deregulated market. Applicable utility, licensing, tariff, facility-access, and delivery requirements must be satisfied at the stage specified in the IDIQ contract and applicable DO-RFP.

H.5.5. Evaluation and Award.

(a) The Government will retain the proposal submission requirements and evaluation framework established for the initial competition, including Technical Capability/Risk, Past Performance, and their relative importance, except for changes expressly identified in the applicable on-ramp solicitation.

(b) Each on-ramp competition will be evaluated independently under its published requirements and basis for award.

Proposals will not be ranked against proposals from earlier competitions.

(c) Experience and past-performance recency periods will be measured from the proposal closing date of the applicable on-ramp period.

(d) Earlier submissions or evaluations will not substitute for a current proposal.

(e) Meeting eligibility or minimum requirements does not guarantee award. Award decisions will be made under the published selection methodology and applicable responsibility requirements as articulated within Section M of the solicitation.

H.5.6. Terms of Additional Awards.

Each additional IDIQ contract will identify its effective date, minimum guarantee, maximum contract amount, and ordering expiration date. Additional contracts will expire for ordering purposes on January 31, 2032. They will not provide a new five-year ordering period. Except for

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differences expressly identified in the applicable solicitation, additional awards will contain materially consistent program requirements and ordering procedures.

H.5.7. Delivery Order Competition.

(a) Following its contract’s effective date, each additional IDIQ contractor will receive the fair opportunity required by Section H.4 and applicable law.

(b) If a DO-RFP is issued before an additional contractor’s award, the contractor will not be eligible to compete under the applicable fair-opportunity requirements. Only those contractors who have been awarded an IDIQ will be eligible to compete for DO-RFP requirements.

(c) An additional IDIQ award does not reopen a previously awarded

DO-PPA or confer entitlement to another contractor’s orders.

H.5.8. Contractor Participation.

H.5.8.1. For a DO-RFP expressly requiring a response from each

IDIQ contractor, the contractor shall submit either a proposal or a written notice declining to propose by the stated deadline.

H.5.8.2. A notice declining to propose shall briefly identify the reason, including, as applicable, geographic limitations, regulatory restrictions, unavailable capacity, delivery limitations, or commercial considerations.

H.5.8.3. A contractor is not required to submit a proposal for an installation it cannot lawfully or technically serve. Declining to propose does not, by itself, constitute deficient performance or grounds for off-ramping. Failure to receive a DO-PPA award does not, by itself, constitute grounds for off-ramping.

H.5.9. Grounds for Government-Initiated Off-Ramping.

H.5.9.1. The Government may consider off-ramping for failure to comply with an express contract requirement, including:

(a) Failure to maintain qualifications or authorizations required by the contract;

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(b) Loss of facility access or supply arrangements necessary to satisfy contractual commitments, without an acceptable replacement consistent with the contract;

(c) Failure to submit required reports, attestations, or responses;

(d) Failure to satisfy coal-generation or source-verification requirements; or

(e) Documented failure to perform an awarded DO-PPA.

H.5.9.2. A change affecting one facility or market will be assessed for its actual effect on the contractor’s remaining capabilities and obligations. It will not automatically establish inability to perform throughout the contract’s geographic scope.

H.5.10. Off-Ramp Notice and Determination.

H.5.10.1. Before Government-initiated off-ramping under the cancellation authority incorporated in this contract, the IDIQ Contracting Officer will provide written notice identifying the contractual grounds, supporting facts, proposed action, and provide a response period of at least 15 calendar days to the IDIQ contractor.

H.5.10.2. The contractor may submit relevant information and, where appropriate, a corrective action plan. The Contracting Officer will consider timely responses and issue a written determination identifying the action, contractual authority, effective date, and effect on future ordering and existing DO-PPAs.

H.5.10.3. If cancellation is selected, the Government will provide the separate cancellation notice required by the applicable clause. The proposed-action response period is not a substitution for the cancellation notice period.

H.5.10.4. This procedure does not replace notices required by an applicable termination clause or restrict separate action authorized by law or another contract clause.

H.5.11. Cancellation and Existing Obligations.

H.5.11.1. Government cancellation and contractor-requested cancellation will be governed by the applicable version of FAR 52.216-22, Alternate II, incorporated in Section I. The cancellation notice period is 30 calendar days.

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H.5.11.2. A contractor’s cancellation request does not authorize abandonment, interruption, or modification of an existing DO-PPA.

Existing orders remain subject to their terms unless separately modified or terminated by the authorized Contracting Officer.

H.5.11.3. Minimum-guarantee treatment will be governed by

Section B and the applicable cancellation clause. The administrative action of "off-ramping" (removing a contractor from the Master IDIQ pool) does not itself settle, waive, or release any outstanding payments, certified claims, or active disputes between the parties. All existing rights and liabilities under the contract shall survive the off-ramp action until formally resolved in accordance with FAR 16.508 or the applicable Termination clause.

H.5.11.3.1. A Contractor’s eligibility to receive the minimum contract guarantee established under Section B.2.1.2 (or as prorated under Section H.5.2(b)) prior to the natural conclusion of the 5-year ordering period is strictly governed by the nature of the off-ramp action:

i. Government Unilateral Termination for

Convenience: If the Government unilaterally off-ramps a Contractor for convenience and the Contractor has not yet received a Delivery Order, the Contractor may present a settlement claim for an amount not to exceed the applicable minimum guarantee in effect. To recover this amount, the Contractor must provide documented evidence to the Contracting Officer demonstrating the basis for the settlement claim.

ii. For Cause / Non-Compliance Off-Ramping: The minimum contract guarantee is strictly forfeited and shall not be paid if the Contractor is off-ramped under the conditions within H.5.9.1.

H.5.12. Subsequent Competition Following Off-Ramping.

A previously off-ramped contractor may compete in a subsequent on-ramp period for a new IDIQ contract unless prohibited by applicable law or the eligibility requirements of that competition. A subsequent award requires a current proposal, evaluation, and award determination.

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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)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (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

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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)

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I.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)

I.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)

I.2. FAR AND DFARS CLAUSES IN FULL TEXT

FAR 52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through NTE five (5) years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

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(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(b) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

FAR 52.216-19 Oder Limitations (OCT 1995) (Tailored)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, or the minimum guarantee applicable to any contract awarded pursuant to an on-ramp solicitation as specified with H.5.2(b), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $317,000,000.00;

(2) Any order for a combination of items in excess of $317,000,000.00; or

(3) RESERVED

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) business days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and…