Official_RFP_Amendment_0003_-_SPE60013R0404.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE600 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60013R0404

X

2013 MAR 05

10A. MODIFICATION OF CONTRACT/ORDER NO.

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 OffersX is extended, X is not extended.

or (c) By separate letter or telegram 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 telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, 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:

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

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

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.

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

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

(a) By completing Items 8 and 15, and returning

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

6/13/2013

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

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

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

fae9141 Typewritten Text Jezabel Aviles

The changes set forth herein are incorporated into Solicitation SPE600-13-R-0404.

SECTION B – SUPPLIES TO BE FURNISHED

1. Page 4, reference to PP&L (Pennsylvania Power and Light) as a Utility Service Region has been removed.

2. Page 4, the following note has been added to Provision B1.08-2, paragraph (c):

Note: NAVFAC – Washington account 2730145014 (PEPCO) is currently in a “caretaker” status and has thus experienced a sharp drop in usage from the historical data provided in the Installation Data Sheet. A specific date on which the building will be reoccupied is not currently known.

3. Page 7, Subparagraph (b)(6) Reconciliation Charge, of Provision B19.46 BLOCK PURCHASES (ELECTRICITY) (DLA ENERGY JAN 2012) has been removed from the solicitation.

Subsequent paragraphs have been renumbered in line with the remainder of Paragraph (b).

(6) Reconciliation Charge – Should the Government exercise the Levelized Invoicing Option (See STATEMENT OF WORK/SPECIFICATIONS, Paragraph b); the Contractor’s actual costs may be either higher or lower than billings over the quarter. To ensure that the Contractor receives appropriate costs recovery, the Reconciliation Charge will adjust for any deviation between actual and billed costs over the first calendar quarter following the quarter in which the deviation between actual and billed costs was incurred. The reconciliation charge will cover all cost deviations between the estimated cost of service and the actual, including energy and all non-energy pass-through components. If the costs reconciliation charge is positive, i.e., a charge to the Government, the Government shall pay the Contractor the reconciliation amount multiplied by 1.01. If the reconciliation charge is negative, i.e., a credit to the Government, the Contractor shall credit the Government the cost reconciliation amount multiplied by 1.01.

Reconciliation charges to be collected / credited in a particular quarter shall be spread evenly over each month in the quarter.

4. Page 7, Paragraph (c) Supply Service Fee, of Provision B19.46 BLOCK PURCHASES (ELECTRICITY) (DLA ENERGY JAN 2012) has been amended to read as follows:

(c) Supply Service Fee (SSF). The Government shall pay the Contractor the product of the fixed fee (Supply Service Fee) and the account’s total energy consumption in that month. Payment of this fee shall compensate the Contractor for ancillary services that are not specifically addressed in Part I, Section 2 ECONOMIC PRICE ADJUSTMENT - ELECTRICITY SUPPLIES, part (b) five of this clause; contract administration costs (Contractor’s profit margin), and all other services performed not identified by the Energy and Other Market Fees/Charges components described in this section. The credits to be retained by the Contractor are both the de-rate credit and the marginal loss over-collections credit and be responsible for any excess charges, if any.

The Supply Service Fee is to be applied to the meter-level usage of the facility, not the loss-adjusted usage. The Supply Service Fee shall be fixed and identical for each kWh supplied under this contract.

Note 1: The blocks that will be purchased on page 17 are estimated to be 70% of the Governments load. The remaining amount shall be purchased at the zonal real time market in accordance with Part 1, Section 2 ECONOMIC PRICE ADJUSTMENT - ELECTRICITY

SUPPLIES.

Note 2: Reliability Must Run (RMR) charges shall be a direct pass-through with no markup and be a part of the transmission charge.

Note 3: The EDC Loss De-Ration factor shall be a direct pass-through with no markup.

SECTION C – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

5. Page 8, the following note has been added to paragraph (a) of provision C804 STATEMENT OF

WORK/SPECIFICATION (ELECTRICITY) (DLA ENERGY) (JAN 2012):

NOTE: National Institutes of Health under account number 27301490008 has a 23 megawatt (MW) cogeneration facility. The facility has 21.8 MWs net output and runs base loaded at all times (except the scheduled 22 days of shutdown – fall or spring, and any unscheduled shutdowns). As a result of the cogeneration system, NIH also has a requirement of stand-by supply when shutdown. The Government will provide the Contractor monthly output results from the cogeneration facility. Any reading below 21.8 MWs will require the Contractor to provide stand-by supply (for the difference between the actually monthly output and 21.8 MWs) at locational marginal price (LMP) for energy and capacity at the Pepco Zone Price. For example, if actual monthly output is 20 MW, the Contractor is required to provide 1.8 MWs at LMP for the Pepco Zone Price.

6. Page 9, the following paragraph has been removed from Paragraph (b) of provision C804

STATEMENT OF WORK/SPECIFICATION (ELECTRICITY) (DLA ENERGY) (JAN 2012):

Levelized Invoicing – The Government reserves the right to require per-kWh, fixed-price, time-of-use (on-peak and off-peak) billing for energy charges to any or all of the accounts included under this solicitation. Under the levelized invoicing option, the Contractor will provide the Government, by the 15th day of the month, with its best estimate average total per-kWh prices for the subsequent calendar quarter (or other three-month period that may be agreed to). That estimate will be used for billing to the individual accounts in the subsequent quarter, with any deviations between actual cost (per the contract provisions) and estimated cost recovered by the Contractor, or credited to the Government, through a cost reconciliation charge spread evenly over the three months of the quarter following the quarter in which the energy deliveries occurred. The aggregate pricing data, reflecting both actual and levelized costs for each installation, shall be provided to DLA Energy by the Contractor. The Government will provide 30 days advance notice to the Contractor if the Government intends to exercise the levelized invoicing option for one or more accounts or intends to discontinue the levelized invoicing option for one or more accounts receiving levelized invoices. Levelized billing that can be done on an installation by installation or account by account basis.

7. Page 9, the following note has been added to provision C804 STATEMENT OF

WORK/SPECIFICATION (ELECTRICITY) (DLA ENERGY) (JAN 2012):

Note: It is possible that additional accounts not included in the solicitation may be added to the resultant contract. In that event, the Government will provide the Contactor with the facility’s electric requirement (if available) and a bilateral modification will be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award. The price of any accounts added to the resultant contract shall equal the awarded Supply Service Fee for all initially awarded accounts.

SECTION J – LIST OF ATTACHMENTS

8. Attachment V – Block Purchase Schedule has been added to the solicitation.

9. Attachment VI – Pass-Through and Supply Service Fee Charges has been added to the solicitation.

INSTALLATION DATA SHEET

10. The installation data sheet has been revised to include the service address for JCP&L account 100017818426, customer number 08017110350003131709.

11. The full service address for each National Institutes of Health account has been added in place of the previous truncated address.

12. The following Note has been added to the Installation Data Sheet in reference to National

Institutes of Health account 2730149008.

Note: The presence of a cogeneration plant has caused a discrepancy between the monthly billed usage and the sum of monthly interval data for National Institutes of Health account 2730149008. NIH has been in contact with Pepco regarding this matter and has identified the monthly billed usage as most accurately representing the account’s level of consumption. Please also see Section C, Provision C804 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (PORTFOLIO APPROACH) (DLA ENERGY) (JAN 2012), Paragraph (a), Note 1 of the solicitation.

Continuation of SF1449, Block 8:

TECHNICAL DATA

Due by 12:00 p.m., local Fort Belvoir, VA time on Wednesday, April 16, 2013:

1. Standard Form 1449

2. Section K – Representation, Certifications and Statements

3. Technical/Management Proposal

4. Past Performance Proposal

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

6. Socioeconomic Proposal

7. Sample invoice incorporating all components of the Statement of Work/ Invoice and Payment clause

8. AbilityOne Entity Proposal

9. Subcontracting Plan

NOTE 1: We are aware that there are some clauses included in the Request for Proposal (RFP) that are not applicable to any resultant contract award. Unfortunately, due to system restrictions we are currently unable to remove these. These clauses are identified below:

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD 52.211-9011 BUSINESS SYSTEMS MODERNIZATION (BSM) DELIVERY TERMS AND EVALUATION (NOV 2011) DLAD

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.

NOTE 3: The Government reserves the right not to consider any exceptions to the stated solicitation requirements received after the due date for technical offers.

NOTE 4: Facsimile (signed) executable prices must accompany the email price proposal. The fax number is 703-767-8757.

NOTE 5: Attachment III must include a signature of an authorized negotiator.

NOTE 6: The supply service fee shall not exceed five (5) places beyond the decimal point.

NOTE 7: All amendments must be signed and submitted prior to pricing date.

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

https://www.acquisition.gov/far/loadmainre.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/Acquisition/Pages/DLAD.aspx

For all questions concerning:

Small Business, please e-mail dla.energy.osbp@dla.mil.

AbilityOne, please contact: Prime Contractor Programs MMckenzie@nsih.org http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/Acquisition/Pages/DLAD.aspx mailto:desc.duoffice@dla.mil

PART I – THE SCHEDULE

SECTION B – SUPPLIES TO BE FURNISHED

B1.08-2 SUPPLIES TO BE FURNISHED (ELECTRICITY) (PORTFOLIO APPROACH) (DLA ENERGY JAN 2012)

(a) The contract quantities are best estimates 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) contract provision. 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, the applicable NERC region; and those NERC Regions that border the applicable NERC Region.

Applicable NERC Region: PJM

Public Utility Commission (PUC): Maryland Public Service Commission Pennsylvania Public Service Commission State of New Jersey, Board of Public Utilities

Utility Service Region: ACE Atlantic City Electric BG&E Baltimore Gas and Electric Delmarva Delmarva Power Duquesne Duquesne Light Company JCP&L Jersey Central Power and Light PEPCO Potomac Electric Power Company

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

Customer UDC Installation Number of Accounts BG&E Aberdeen Proving Grounds 4 PEPCO National Institute of Standards & Technology 1

PEPCO / BG&E Army Corps of Engineers 6 PEPCO National Institutes of Health 7 PEPCO Adelphi Laboratory 1 PEPCO Fort Detrick Annex 2 Pepco Joint Base Andrews 1

Delmarva VA Maryland Health Care System 1 BG&E MD Institute of Defense Analysis 1 BG&E John Hopkins Applied Physics Laboratory 2 PEPCO USDA – Beltsville 2 JCP&L Joint Base McGuire-Dix-Lakehurst 7 JCP&L Picatinny Arsenal 2

ACE NJ Coast Guard – Cape May 1 Duquesne Pittsburgh Air Reserve Base 1 PEPCO Defense Intelligence Agency 1 PEPCO NAVFAC – Washington 1

Note: NAVFAC – Washington account 2730145014 (PEPCO) is currently in a “caretaker” status and has thus experienced a sharp drop in usage from the historical data provided in the Installation Data Sheet. A specific date on which the building will be reoccupied is not currently known.

(d) The Government is soliciting offers for a 60-month delivery period (from meter read date occurring in June 2014 to the meter read date occurring in June 2019). Specifics for each line item are provided with each individual Installation Data Sheet. The information includes: (1) Location; (2) Local Electric Utility; (3) Current Tariff Rate; (4) Utility Account Number; and (5) Contract Performance Period.

Please use the following link to access the information: http://www.fbo.gov

(e) The Government is soliciting offers for Firm Fixed Price, Requirements Type utilizing Block Purchases and Locational Marginal Price (LMP) basis for electricity.

NOTE 1: Contractor shall not discuss nor disclose any load information to any outside third party entity without prior written consent from the Contracting Officer.

NOTE 2: The Government is exempt from State Sales Tax and the exemption forms will be provided at time of award.

B19.46 BLOCK PURCHASES (ELECTRICITY) (DLA ENERGY JAN 2012)

The total amount charged by the Contractor each month shall equal the sum of charges for: (a) Energy, (b) Other Market Fees/Charges and (c) the Supply Service Fee.

(a) ELECTRICITY. The Contractor shall procure a portion of the electricity to be delivered under the contract in blocks at firm-fixed prices in accordance with paragraph (1) below. All blocks shall be purchased at the PJM West Hub, with the remainder of the electricity requirement at the specific utility zone Locational Marginal Prices (LMP).

(1) Electricity – Purchase by Firm-Fixed Price Blocks.

(i) Attachment VI, titled “Block Purchase Schedule”, contains details concerning the dates and size of firm-fixed price blocks the Contractor shall purchase on behalf of the Government. The Government reserves the right to modify the schedule for block purchases, block sizes, and the number of blocks to be purchased, without change to the Contractor’s Supply Service Fee. If the Government modifies the block purchase schedule, the Government will forward to the Contractor a revised “Block Purchase Schedule” for Contractor signature of acknowledgement. The Contractor shall return the signed and approved contract modification containing the revised Block Purchase Schedule to the Government within 5 calendar days. The Contractor shall execute the block purchases in accordance with the revised schedule. Any modification to the Block Purchase Schedule shall not exceed 36 months beginning one month subsequent to the date when the Government directs the Contractor to make a block purchase, unless different terms are mutually agreed upon.

(ii) All blocks shall be of a size not less than 5 megawatts and all blocks shall be sized in whole megawatts.

(iii) Blocks may be either all-hour (i.e., 24 hours by 7 days), or on-peak period only, or off-peak period only.

(iv) For each block purchase, the Contractor shall provide to the Government at least three price quotes, or at least four if one of the quotes is from a Contractor affiliate. Pursuant to FAR 52.212-5 (d), Comptroller General Examination of Record (as shown below in this solicitation), the Government has the right to audit the price quotes or other information submitted by the Contractor’s electricity suppliers in order to verify price reasonableness and best value. Within one (1) hour of receiving notification from the Contractor regarding the proposed price of a firm-fixed price block, the Government will notify the Contractor of its preliminary decision to request a refreshed executable firm-fixed price for the block. Within one (1) hour of the Government’s notification, the Contractor shall provide a refreshed, executable firm-fixed price for the block to the Government, at which time the Government may direct the Contractor to purchase the block at the refreshed, executable price. The Government is responsible only for the decision to enter into block electricity purchases.

The Contractor is responsible for managing all other aspects as required by the Statement of Work to ensure performance. The Government reserves the right to decline to purchase any block[s] if, in its sole discretion, it determines the price or any other aspect of the proposed block purchase is unsatisfactory.

(v) For the blocks of electricity purchased by the Contractor at firm-fixed prices, the Government shall pay the Contractor the product of the market-based block price-per kilowatt-hour (kWh) and the number of kWhs in the block.

(vi) If in any hour the Government’s kWh consumption is below (or above) the sum of the blocks to be delivered, the Contractor shall credit (or charge) the Government for each kWh of consumption below (or above) the sum of the blocks as specified in subparagraph (2), below.

(2) Electricity – Purchased at the Real-Time Specific Utility Zone at Locational Marginal Prices (LMP)

Pricing for Quantities Outside Established Blocks of Electricity

(i) If, in any hour (Settlement Period), consumption of electricity is below or above the contract blocks, the Contractor shall charge the Government in accordance with the methodology specified in Sections (2)(ii) and (2)(iii) of this contract provision, respectively.

http://www.fbo.gov/

(ii) If, in any Settlement Period, an Electricity Deficiency occurs, an Electricity Deficiency Adjustment shall be made.

Electricity Deficiency means the deficit in the Government’s Actual Consumption for Settlement Period as measured against the sum of the electricity associated with the electricity blocks for the Settlement Period, i.e., the Benchmark Quantity. Electricity Deficiency is calculated by subtracting the Actual Consumption for a Settlement Period from the Settlement Period Benchmark Quantity for that period. The Electricity Deficiency Adjustment is a credit to the Government.

Expressed as a formula, the Electricity Deficiency Adjustment is EDA = ED x [Insert Utility Zone/Aggregate] where-- EDA is the Electricity Deficiency Adjustment ED is the Electricity Deficiency The following utility zones / aggregates are the applicable Real-Time hourly LMP value as posted on the PJM website:

ACE – Atlantic City Electric BG&E – Baltimore Gas and Electric Delmarva – Delmarva Power Duquesne – Duquesne Light Company JCP&L – Jersey Central Power and Light PEPCO – Potomac Electric Power Company PP&L – Pennsylvania Power and Light

The Electricity Deficiency Adjustment is calculated for each Settlement Period in the month in which the electricity was consumed and included on the next monthly invoice.

(iii) If, in any Settlement Period, Excess Electricity is consumed, an Excess Electricity Adjustment shall be made.

Excess Electricity means the excess in Government’s Actual Consumption for the Settlement Period as measured against the Settlement Period Benchmark Quantity. Excess Electricity is calculated by subcontracting the Settlement Period Benchmark Quantity from the Actual Consumption for the Settlement Period. The Excess Electricity Adjustment is a charge to the Government.

Expressed as a formula, the Excess Electricity Adjustment is EEA = EE x [Insert Utility Zone/Aggregate + SSF] where-- EEA is the Excess Electricity Adjustment EE is the Excess Electricity The following utility zones / aggregates are the applicable Real-Time hourly LMP value as posted on the PJM website:

ACE – Atlantic City Electric BG&E – Baltimore Gas and Electric Delmarva – Delmarva Power Duquesne – Duquesne Light Company JCP&L – Jersey Central Power and Light PEPCO – Potomac Electric Power Company PP&L – Pennsylvania Power and Light

SSF is the Supply Service Fee

The Excess Electricity Adjustment is calculated for each Settlement Period in the month in which the electricity was consumed and included on the next monthly invoice.

(b) OTHER MARKET CHARGES. The charges (other than electricity) that are not included in the Supply Service Fee, are identified below and shall be invoiced in accordance with the INVOICE clause:

(1) Renewable Energy Credits – Contractor costs to comply with the state renewable portfolio standards (RPSs) associated with each of the accounts shall be passed through to the Government. The Government reserves the right to direct the Contractor to purchase Renewable Energy Certificates (RECs) through an RFP process or other method mutually agreed to, with those costs to be assigned to the applicable accounts and the RECs purchased by the Contractor to be used to satisfy the state RPS requirements associated with the applicable accounts. The costs associated with state RPS compliance are to be expressed as a per-kWh charge, applicable to the account and distributed over the calendar year in proportion to energy usage by the account. Pursuant to FAR 52.212-5(d), the Government has the right to audit the price quotes or other information submitted by the Contractor’s RECs suppliers in order to verify price reasonableness and best value.

(2) Capacity Costs – The cost to secure capacity to comply with PJM capacity requirements shall be passed through to the Government. The price of capacity charged to the Government shall not exceed the product of the Contractor’s Daily Unforced Capacity Obligation and the PJM Zonal Capacity Price net of the Capacity Transfer Rights Credit. The Daily Unforced Capacity Obligation is equal to the Obligation Peak load multiplied by the Final Zonal Reliability Pricing Model (RPM) Scaling Factor times the Forecast Pool Requirement, as those terms are defined by PJM, for the relevant time period and zone in which the account is located. The Government reserves the right to direct the Contractor to purchase capacity though an RFP process or other method mutually agreed to, with those costs to be assigned to the applicable accounts on the basis of their respective PLCs. For accounts located in the Duquesne Zone in PA for PJM Planning Year 2011/2012, the cost for capacity shall be passed through to the Government in accordance with the final settlement reached between Duquesne, PJM and interveners. The Fixed Resource Requirement (capacity) cost to be passed through would be based on the Duquesne Fixed Resource Requirement cost, as billed to the LSE by PJM, rather than Fixed Resource Requirement costs incurred by the LSE for market purchases made by the LSE.

(3) Transmission Costs – Non-UDC transmission costs associated with each account shall be passed through to the Government at the applicable PJM tariff rate. Any Auction Revenue Rights (ARRs) revenues associated with the account loads shall be credited back to the Government, based on the Government’s share of the Contractor’s overall load. Both the transmission charge and any credits to the Government shall be shown as separate line items on the monthly invoices.

(4) Transmission Congestion & PJM Losses – Transmission congestion and PJM losses, herein referred to as “Congestions Charges”, associated with each account shall be passed through to the Government. The congestion charges for energy and load scheduled day-ahead, i.e., the block power purchases and equivalent load, shall be computed as the difference between the day-ahead LMPs at the PJM West Hub and the day-ahead LMPs at the relevant delivery zone. The congestion charges for energy and load scheduled real-time, i.e., the energy requirements and load outside the block power purchases, shall be computed as the difference between the real-time LMPs at the PJM West Hub and the real-time LMPs at the relevant delivery zone. The Government reserves the right to direct the Contractor to secure financial instruments to fix congestion costs or basis between the PJM West Hub and the applicable delivery zone over a specified time period for a specified level of load through RFPs or other methods as mutually agreed to, with those costs to be assigned to the applicable accounts on a per-kWh basis.

(5) Ancillary Services Costs – The cost to secure certain ancillary services to comply with PJM requirements shall be passed through to the Government. The price of ancillary services charges to the Government shall not exceed PJM’s charges or the market clearing price from the relevant PJM-administered market for the relevant time period and zone in which the account is located. Ancillary services charges passed through to the Government are those charges for: (a) scheduling, system control and dispatch (PJM OATT); (b) reactive supply and voltage control from generation service (PJM OATT)’ (c) regulation and frequency response service (PJM Operating Agreement); (d) balancing charges in operating reserves (PJM Operating Agreement); (e) operating reserve, supplemental reserve (PJM Operating Agreement)’ and (f) operating reserve, synchronized reserve service (PJM Operating Agreement). All other Ancillary services shall be included in the Supply Service Fee.

(6) Reliability Must Run – This cost associated with each account shall be treated as a pass-through to the Government.

(7) UDC Losses – This cost associated with each account shall be treated as a pass-through to the Government.

(8) For all Pennsylvania line items, the PA Gross Receipts Tax (GRT) shall not be included in the offered unit prices. It shall be billed as a separate line item.

(c) Supply Service Fee (SSF). The Government shall pay the Contractor the product of the fixed fee (Supply Service Fee) and the account’s total energy consumption in that month. Payment of this fee shall compensate the Contractor for ancillary services that are not specifically addressed in Part I, Section 2 ECONOMIC PRICE ADJUSTMENT - ELECTRICITY SUPPLIES, part (b) five of this clause; contract administration costs (Contractor’s profit margin), and all other services performed not identified by the Energy and Other Market Fees/Charges components described in this section. The credits to be retained by the Contractor are both the de-rate credit and the marginal loss over-collections credit and be responsible for any excess charges, if any. The Supply Service Fee is to be applied to the meter-level usage of the facility, not the loss-adjusted usage. The Supply Service Fee shall be fixed and identical for each kWh supplied under this contract.

Note 1: The blocks that will be purchased on page 17 are estimated to be 70% of the Governments load. The remaining amount shall be purchased at the zonal real time market in accordance with Part 1, Section 2 ECONOMIC PRICE

ADJUSTMENT - ELECTRICITY SUPPLIES.

Note 2: Reliability Must Run (RMR) charges shall be a direct pass-through with no markup and be a part of the transmission charge.

Note 3: The EDC Loss De-Ration factor shall be a direct pass-through with no markup.

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C804 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (PORTFOLIO APPROACH) (DLA ENERGY

JAN 2012)

(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. The Contractor shall secure the fixed blocks of electricity in accordance with the attached schedule. All quantities ordered by the Government, both inside and outside the fixed blocks, 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.

NOTE: National Institutes of Health under account number 27301490008 has a 23 megawatt (MW) cogeneration facility.

The facility has 21.8 MWs net output and runs base loaded at all times (except the scheduled 22 days of shutdown – fall or spring, and any unscheduled shutdowns). As a result of the cogeneration system, NIH also has a requirement of stand-by supply when shutdown. The Government will provide the Contractor monthly output results from the cogeneration facility. Any reading below 21.8 MWs will require the Contractor to provide stand-by supply (for the difference between the actually monthly output and 21.8 MWs) at locational marginal price (LMP) for energy and capacity at the Pepco Zone Price. For example, if actual monthly output is 20 MW, the Contractor is required to provide 1.8 MWs at LMP for the Pepco Zone Price.

(b) INVOICE AND PAYMENT. The Government will utilize/allow Dual Billing for any and all applicable awards made under this solicitation. All costs associated with billing shall be included in the offered price. The Government will not pay any additional charges for billing services. In addition to the requirements set forth in FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS Paragraph (g), each Contractor invoice to each account shall include the following information:

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

(2) Billing period for each account

(3) Total consumption (kWh) for each account for the billing period

(4) Total Energy Charge for the account for the billing period

(5) Account Capacity Obligation and its associated cost for the billing period

(6) Transmission charges for the billing period

(7) Renewable Energy Portfolio Standard charges for the period

(8) Congestion charges

(9) Reconciliation charges

(10) Supply Service Fee for the billing period

(11) All information required by the PUC/PSC to be included on customer invoices.

(12) Passed through Ancillary Services Costs

(13) Reliability Must Run

(14) UDC Losses

(15) For all Pennsylvania line items, the PA Gross Receipts Tax (GRT) shall not be included in the offered unit prices. It shall be billed and as a separate line item.

To calculate the Total Energy Charge (Number 4 above) for each account the Contractor shall provide on each invoice, a per-account energy usage break down (hour-by-hour with the corresponding firm fixed price block rates and LMP rates for all applicable firm fixed price blocks for each hour. To calculate the Account Capacity Obligation for each account (Number 5 above) and the associated costs, please see Clause ECONOMIC PRICE ADJUSTMENT – ELECTRICITY SUPPLIES Part 2(b)(2).

Contractor shall provide an electronic copy of each account invoice to DLA Energy along with a summary accounting of total charges, i.e., the sum of charges to each of the accounts. The summary accounting of total charges shall include all of the elements contained in the account invoice aggregated over all accounts. Contractor shall also provide to DLA Energy, on a quarterly basis, the calculation of the reconciliation charge applicable to invoices for the following quarter. This document shall be sufficiently detailed to facilitate DLA Energy review and verification.

To expedite the review and certification, invoices shall be in Excel format and presented via electronic mail (e-mail) or a web-based solution.

(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 DLA Energy or to any party designated by DLA Energy 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 DLA Energy or to any party designated by DLA Energy as authorized to request this data. The Contractor shall provide (or make available) to DLA Energy or to any party designated by DLA Energy, 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 contract provision.

(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, Block 2.

(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.

Note: It is possible that additional accounts not included in the solicitation may be added to the resultant contract. In that event, the Government will provide the Contactor with the facility’s electric requirement (if available) and a bilateral modification will be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award. The price of any accounts added to the resultant contract shall equal the awarded Supply Service Fee for all initially awarded accounts.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H800 NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY) (DLA ENERGY FEB 2013)

The Contractor shall use commercially reasonable efforts to provide the Contracting Officer with written notice (email notifications are acceptable) 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.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.204-7 CENTRAL CONTRACTOR REGISTRATION (FAR) (DEC 2012)

(a) Definitions. As used in this provision— “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 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—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) 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 offeror 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.

(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) Offerors may obtain information on registration at https://www.acquisition.gov.

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (ELECTRICITY) (TAILORED) (DLA

ENERGY) (JAN2012). INSTRUCTIONS HAVE BEEN TAILORED TO BE MORE CONSISTENT WITH

COMMERCIAL PRACTICE. ALL OTHERINSTRUCTIONS INCLUDED IN FAR 52.212-4 ARE HEREBY

INCORPORATED 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 DLA Energy FAR Tailored 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 DLA Energy FAR Tailored 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 to 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:

(A) 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.

(B) 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 DLA Energy FAR Tailored clause:

A=Σ((B-C)*D) +Σ((F-G)*H) + J

Where--

A = Termination value.

B = Block purchase price (per kWh) for each converted block.

C = Forward market bid price per kWh, defined herein.

D = Contract quantity in kWh for each converted block.

F = Price at which forward capacity (per MW) was purchased, as directed by the Government G = Forward market price for capacity, per MW H = The quantity (in MW) of capacity purchased on a forward basis, as directed by the Government.

J = The Contractor’s unmitigated cost for forward purchased ancillary services acquired by the Contractor to serve the Government load or other…