SPE600-16-R-0414_A0002_Conformed.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000049737

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-16-R-0414

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

Brandon Budman PVEFEG1

a. NAME

Phone: 703-767-8901

b. TELEPHONE NUMBER (No Collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE600

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

221112NAICS:

750 EmployeesSIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

11:00 AM EST

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

FOB UDC INTERCONNECT

8/29/2016

2016 OCT 12

FAE9152

Highlight

FAE9152

Highlight

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

DLA Energy Solicitation SPE600-16-R-0414 through A0002 Texas 2017

Contents

SECTION A—SOLICITATION/CONTRACT FORM

CONTINUATION OF SF1449:

SECTION B – SUPPLIES TO BE FURNISHED

B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY JAN 2012)

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

B802 REAL TIME SETTLEMENT POINT PRICE (ELECTRICITY) (DLA ENERGY JAN 2009)

APPLICABLE ONLY TO CLIN 0002 Dyess AFB

B806 CONTRACT PRICE CONVERSION (ELECTRICITY) (DLA ENERGY JAN 2012)

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (DLA ENERGY JAN 2012)

SECTION E –INSPECTION AND ACCEPTANCE

SECTION G—CONTRACT ADMINISTRATION DATA

Administrative Points of Contact:

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H800 NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY) (DLA ENERGY FEB 2013) 12

SECTION I – CONTRACT CLAUSES

52.204-7 -- SYSTEM FOR AWARD MANAGEMENT (FAR) (JUL 2013)

(a) “Registered in the System for Award Management (SAM) database” means that—

ADDENDA TO FAR 52.212-4 IN ACCORDANCE WITH FAR SUBPART 12.302(d) (MAY 2015)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jun 2016)

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

DFARS 252.232-7006 WIDE AREA WORK FLOW (WAWF) PAYMENT INSTRUCTIONS (MAY 2013)

I84.02 REQUIREMENTS (ELECTRICITY) (DLA ENERGY JAN 2012)

I800 ELECTRICITY ORDERING PROCEDURES (DLA ENERGY FEB 2002)

I801.01 ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD

BANDWIDTH (ADDER TO THE WEIGHTED AVERAGE MARKET PRICE) (DLA ENERGY OCT

2010) 22

I820 ELECTRICITY REGULATORY CHANGES (DLA ENERGY DECEMBER 2014)

I821 HOLDOVER CONTRACT LINE ITEM NUMBER (CLIN) (ELECTRICITY) (MAY 2015)

SECTION J – LISTS OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

DLA Energy Solicitation SPE600-16-R-0414 A0002

SECTION K –REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR) (APR 1985)

52.209-5 -CERTIFICATION REGARDING RESPONSIBILITY MATTERS (FAR)(APR 2010)

52.209-7 Information Regarding Responsibility Matters (FAR ) (JUL 2013)

FAR 52.212-3/I OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS

(ALTERNATE I) (JULY 2016)

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

SECTION L – INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

ADDENDA TO FAR 52.212-1 IN ACCORDANCE WITH FAR SUBPART 12.302 (d) (OCT 2015)

52.215-9002 SOCIOECONOMIC PROPOSAL (DLAD) (FEB 2012)

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L803 INSTRUCTION TO OFFEROR, REVERSE AUCTION PRICING (MAY 2014)

SECTION M – EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) ADDENDUM

PART I –THE SCHEDULE

SECTION A—SOLICITATION/CONTRACT FORM

CONTINUATION OF SF1449:

BLOCK 8 OFFER DUE DATE: This date refers to only to the NON-PRICE proposal requirements of this Request for Proposal (herein known as “RFP or Solicitation”). Offerors SHALL submit all Non-Price Proposal elements and all other REQUIRED documents pursuant to SECTION L of this RFP. Please refer to 52.212-1(f) to completely understand what constitutes a “timely” submission.

The offerors pricing due date is to be determined and will be issued in writing. The Governments intends to utilize the Reverse Auction Pricing Tool, Procurex, in accordance with DLAD 52.215-9023 REVERSE AUCTION (OCT 2013) for all line items except CLIN0016 NASA JSC. The Procurex on-line pricing tool only accepts up to five (5) decimal places beyond the decimal point.

ALL INTERESTED VENDORS: TO RECEIVE A LETTER OR AUTHORIZATION (LOA) PRIOR TO THE RFP CLOSING, YOU MUST EMAIL THE CONTACT IN BLOCK 7A OF THE SF1449 IMMEDIATELY WHILE THIS RFP IS

OPEN AND ACTIVE.

BLOCK 10

For all questions concerning Small Business, please e-mail: dla.energy.osbp@dla.mil.

SECTION B – SUPPLIES TO BE FURNISHED

B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY JAN 2012)

(a) The contract quantities shown below are best estimates based on historical data only of the Government’s requirements for the contract period. The Contractor shall supply and deliver electricity and any ancillary services required in the STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) 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, public utility commission, the applicable NERC region, and those NERC Regions that border the applicable NERC Region.

Section B, Table 1-Utility/Region

RTO/ISO: ERCOT-ISO ERCOT Independent System Operator

Applicable NERC Region:

ERCOT Electric Reliability Council of Texas, Inc.

Public Utility Commission:

PUCT Public Utility of Texas

Utility Service Area:

AEP

Centerpoint Nueces Electric Cooperative Oncor Electric Delivery West Texas Utilities

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

Section B, Table 2: Supplies to be Furnished

CLIN

Location/

Installation Name

Total Accounts

Estimated Total

Quantity in kWh

Type of Electricity

*TDSP

as Pass Thru

GRT,

PUC, RMR

& RUC in unit price

GRT &

PUC as

Pass Thru

Account Details

Army/Air Force

Exchange Service

(AAFES)

13 65,756,846 FFP X X

A ttachm ent III – A

0001 - Installation D ata Sheet

0002 Dyess Air Force Base 10 126,861,654 RTSPP X X

+RUC

0003 Army Reserves 37 43,340,748 FFP X X

0004 Fort Hood 2 40,690,666 FFP X

PUC+RUC

+RMR

ONLY

Texas Air National

Guard 147th RW

3 19,951,780 FFP X X

Texas Air National

Guard 149th FW

3 326,448 FFP X X

Customs Border Protection (CBP)

304 52,913,998 FFP X X

Marines MCRC

Galveston

1 883,800 FFP X X

Naval Air Station

Kingsville

20 40,576,983 FFP X X

Naval Air Station Kingsville Nueces

3 1,198,604 FFP X X

0011 JRB Navy Reserves 3 101,750,230 FFP X X

0012 Navy Reserves 3 2,801,904 FFP X X

Naval Air Station

Corpus Christi

4 264,922,616 FFP X X

US Department of

Agriculture (USDA)

6 2,699,726 FFP X X

CLIN

Location/

Installation Name

Total Accounts

Estimated Total

Quantity in kWh

Type of Electricity

*TDSP

as Pass Thru

GRT,

PUC, RMR

& RUC in unit price

GRT &

PUC as

Pass Thru

Account Details

Immigration and

Customs Enforcement

(ICE)

36 17,000,376 FFP X X

A ttachm ent III – A 0001 -

Installation D ata Sheet

0016 NASA JSC

141,837,900

FFP X X

Block /

RTSPP X

X + RUC +

Trans /

Dist Line Losses

Holdover (See I821)

0 RTSPP X X

TOTAL 459 923,514,279

The following tax/fees, when defined above as a pass-through, are excluded from FAR 52.212-4(k):

TDSP: Transmission and Distribution Provider* as a Direct Pass-Thru (with No Additional Mark-up)

GRT: Gross Recipient Tax -ALL Ft. Hood accounts are in the North Zone and are exempt from paying GRT; therefore offered prices for Ft. Hood shall not include GRT

PUC: Public Utility Commission

d) The Government is soliciting offers for a 24-month delivery period (regularly scheduled utility meter read date to start January 2017 and end with the regular schedule January 2019 meter read date). The above Table 2 represents the Government estimated requirement.

1) CLINs 0001 - 0016 have a 24-month period of delivery ending meter read January 2019.

CLIN0017 Holdover has specific conditions for delivery eligible under the terms listed in ‘I821 Holdover’; should this CLIN have the supply of electricity delivered under these terms, the period of delivery would be no later than April 2019. Specifics for each line item are listed in Section J, as an attachment to this RFP as an excel named ‘Installation Data Sheet’. The information includes: (1) Line Item Number, (2) Location, (3) Local Electric Utility, (4) ESID; (5) Contract Delivery Period, and (6) Monthly Consumption and Demand Data.

2) For CLIN 0002 only (DYESS)

i. On-Site Generation: Dyess uses on-site generation to supplement episodes of higher loads (primarily during summer months) and as a secondary function for emergency and/or back-up generation (the installation data sheets show the indicative customer usage with on-site generation).

ii. DEMAND RESPONSE: Dyess is currently participating in the Demand Response Program. After award, Dyess AFB will provide the Demand Response Provider (DRP) with the awardee’s contact information. When a credit is applicable, the DRP will e-mail and notify Dyess AFB of the credit to be applied. Simultaneously, the DRP will send the awardee a check for the credit. All credits resulting from the Demand Response Program will be placed on the invoice at no charge to Dyess AFB.

(e) The Government is soliciting offers for three types of electricity: (1) Firm Fixed Price Requirements Type,

(2) Firm Fixed Price Block Purchase Requirements Type utilizing Real Time Settlement Point Pricing (RTSPP basis for electricity) and (3) Requirements Type utilizing Real Time Settlement Point Pricing (RTSPP).

i. FIRM FIXED PRICE CLINS: The CLINS or specified accounts identified in Table 2, Supplies to be Furnished as ‘FFP’ are to mean that the kWh will include the following: shall include transmission and distribution losses to the Service Point (customer's meter), and the amount of kWh billed to the Service Point should match the Service Point's metered electricity consumption for the month. All electricity shall be priced at the applicable Load Zone. Table 2, Supplies to be Furnished identifies all applicable pass-through.

ii. FIRM FIXED PRICE BLOCK PURCHASE REQUIREMENTS TYPE UTILIZING REAL TIME SETTLEMENT POINT PRICING – See B19.46

iii. RTSPP CLIN 0002 Dyess Air Force Base– See B802 & B806

APPLICABLE ONLY TO CLIN 0016 NASA JSC: CLAUSE B19.46

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

(a) BLOCK PURCHASE 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, and RTSPP in accordance with paragraph (2) below. Paragraphs (a), (b), and (c) shall be applied to the following (4) ESID accounts; 1008901000183000017100, 1008901000181570011100, 1008901023809429370100, and 1008901023813685220103. Invoices for these accounts shall include only those elements in paragraphs (a), (b), and (c):

-The block purchase invoice shall include the following elements of charges: (a) ELECTRICITY, (b) OTHER MARKET CHARGES and (c) SUPPLY SERVICE FEE.

-The blocks that will be purchased on Attachment VII – NASA JSC Block Purchase Schedule are estimated to be 88% of the Government’s load. The remaining amount shall be purchased at the ERCOT Houston Hub RTSPP in accordance with Clause B19.46 BLOCK PURCHASES, Subparagraph (a)(2) Electricity – Purchased at the Real-Time Settlement Point Price (RTSPP).

-NASA JSC is currently in the process of bringing a Combined Heat and Power (CHP) Plant on-line during the delivery period which will affect ESID 1008901000183000017100. It is currently anticipated that the CHP will begin testing in January 2017 and be fully on-line in April 2017 generating 11.9 MW total (2 x 5.7 MW gas turbines and a 500 Kw backpressure steam turbine). The block volumes defined in Attachment VII are intended to represent 95% of the load not covered by the CHP. Should there be any delay in the start of CHP operations, the Government may modify the Block Purchase Schedule (Attachment VII), in accordance with B19.46, Subparagraph (a)(1)(i), to add additional blocks covering the period of delay. The Government will provide the Contractor with any updates regarding the schedule and progress of the CHP as soon as possible. In the event of CHP failure, the immediate requirement for stand-by power would range from approximately 0.5 MW to 11.9 MW depending on what piece of equipment may have failed. Down-time for normal maintenance outages (each February and November) is accounted for in Attachment VII.

Scheduled maintenance includes taking down one turbine for 17 days each February and one turbine for 17 days each November.

(1) Electricity – Purchase by Firm-Fixed Price Blocks shall be purchased at the ERCOT Houston Hub as follows:

(i) Attachment VI, titled “NASA JSC 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 12 months beginning two weeks 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 1 megawatt 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 on page 15) of 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 delivery. 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 15 minutes (Settlement Period) 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) Purchased at Real-Time Settlement Point Price (RTSPP) shall be purchased at the ERCOT Houston Hub Real-Time Settlement Point Price - Pricing for Quantities Outside Established Blocks of Electricity

(i) If, in any 15 minutes (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.

(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 ERCOT Houston Hub RTSPP where-- EDA is the Electricity Deficiency Adjustment ED is the Electricity Deficiency ERCOT Houston Hub is the applicable RTSPP value as posted on the ERCOT website.

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 subtracting 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 [ERCOT Houston Hub RTSPP + SSF] where-- EEA is the Excess Electricity Adjustment EE is the Excess Electricity ERCOT Houston Hub is the applicable RTSPP value as posted on ERCOT website.

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 in B1.08 Table 2) and shall be invoiced in accordance with Clause C800, Paragraph (b) Invoice and Payment.

(1) UDC/TDSP Charges – 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) shall be a direct pass-through to the Government.

(2) PUC Charges – All Public Utility Commission related charges shall be a direct pass-through to the Government with no additional markup.

(3) RUC Charges – If applicable, all Reliability Unit Commitment charges shall be a direct pass-through to the Government with no additional markup.

(4) GRT – Charges related to the Texas Gross Receipts Tax shall be a direct pass-through to the Government with no additional markup.

(5) Transmission/Distribution Losses – All charges for either transmission line losses or distribution line losses shall be a direct pass-through to the Government with no additional markup. Transmission and Distribution Line Losses are to calculated in a manner consistent with methodologies defined by ERCOT. Losses should be applied to the net metered volume as reported by the TDSP.

(c) SUPPLY SERVICE FEE. The Government shall pay the Contractor the product of the fixed fee (Supply Service Fee) and the account’s total electricity consumption in that month. Payment of this fee shall compensate the Contractor for all services performed, that are not specifically addressed by the Block Purchase Electricity and Other Market Charges components described in this section. 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. Zonal Congestion shall be included in the Supply Service Fee.

B802 REAL TIME SETTLEMENT POINT PRICE (ELECTRICITY) (DLA ENERGY JAN 2009)

APPLICABLE ONLY TO CLIN 0002 Dyess AFB

The total amount charged by the Contractor (for accounts listed on the ATTACHMENT III each month shall equal the sum of the following components (Paragraphs (a), (b), (c):

(a) ENERGY. For each 15-minute interval of the month, the Government shall pay the Contractor the product of the Real Time Settlement Point Pricing (RTSPP) for the LOAD ZONE through which the account is served and the METERED load of the account SHOULD BE INCREASED FOR LINE LOSSES to the same LOAD ZONE. Line Losses are to calculated in a manner consistent with methodologies defined by ERCOT.

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

(c) OTHER MARKET CHARGES. See Clause B1.08, Table 2 for applicable pass-through charges.

(d) INDICES. In the event that the ERCOT RTSPP or any other index upon which any energy price for this contract is determined ceases to publish or is substantially altered in derivation or application (including, but not limited to, the elimination of price caps), the parties shall agree upon a substitute index. If the parties fail to agree on an appropriate substitute index, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of the contract.

B806 CONTRACT PRICE CONVERSION (ELECTRICITY) (DLA ENERGY JAN 2012)

APPLICABLE ONLY TO CLIN 0002 Dyess AFB

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

(b) Price negotiations may be held. If the Government accepts a proposal, the contract will be modified to reflect the revised price(s). Acceptance by the Government of the Contractor’s price proposal within the time limit allotted by the Contractor for acceptance of the price proposal shall be binding.

(c) The quantities agreed upon at the time of acceptance of the Contractor’s proposal shall be used to establish the monthly estimated quantity for purposes of the ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD

BANDWIDTH contract provision, should actual quantities deviate from estimates. Electricity provided by the Contractor in excess of the established bandwidth shall be priced in accordance with the ELECTRICITY ORDERING PROCEDURES contract provision.

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (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. All quantities ordered by the Government shall be considered firm and guaranteed for delivery by the Contractor to the delivery point, and for scheduling and coordinating, for ultimate delivery to the service point for each account.

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

(b) INVOICE AND PAYMENT. FAR 52.212-4 (g) is incorporated by reference as it is a mandatory commercial clause. Although the purchase of electricity is entirely commercial, the billing of electricity does not squarely fall into the reasonable requirements the Government mandates for other commercial products to be invoiced. Under the authority of FAR 52.2115-8 Order of Precedence, the Government’s explicit invoice and payment instructions in C800 supersedes FAR 52.212-4(g).

The Government will utilize Consolidated Retail Electric Provider (REP) Billing. The Government will not pay any additional charges for billing services. The contractor shall provide a single bill for all accounts at each installation serviced under any contract.

The address to which said invoices shall be submitted will be provided at the time of contract award. Each invoice shall be prepared in a manner consistent with all REP/UDC arrangements and shall conform to all Public Utility Commission of Texas (PUCT) requirements for REP Consolidated Billing. Each contractor invoice shall include the following information:

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

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

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

(3) Total consumption for each account number and ESID.

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

(5) Demand information for each account number and ESID. The demand information shall also include date and time of occurrence. It is acceptable to provide the billing data that is provided by the Utility.

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

(7) UDC/TDSP “pass through” charges for UDC/TDSP services, CLEARLY broken out in detail for e account number and

ESID in a manner consistent with REP/UDC/TDSP arrangements and PUCT requirements. The UDC/TDSP charges will be based on the Transmission and Distribution Rates for investor owned utilities available at:

http://www.puc.state.tx.us/electric/rates/TDR.cfm. Standard UDC/TDSP tariff titles of each rate shall be used.

The following shall be provided, per element, with each UDC/TDSP “pass through” charge as indicated in Section B1.08:

a. usage

b. rate

c. charge

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

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

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

(10) All supporting documentation is required before payment will be made.

a. CLIN 0004 FORT HOOD: Fort Hood has a checklist (Attachment IV – Fort Hood Invoice Checklist Verification) that is used for invoice verification and is available upon request to the Contracting Officer.

(11) If a REP is unable to issue a bill based on actual meter reading due to the failure of the transmission and distribution utility, municipally owned utility or electric cooperative to obtain or transmit a meter reading to the REP, the REP may issue a bill based on an estimated reading fifteen (15) calendar days following the meter read date for the affected account. The REP must inform the customer of the reason for the issuance of the estimated bill, and the Government reserves the right to obtain documentation relating to the efforts taken by the REP to obtain the meter read data. For estimated billing purposes, the contractor shall use the relevant monthly consumption data (as the estimate) included in the applicable Installation Data Sheet. All estimated bills shall be trued up on the next billing cycle if the applicable information has been received by the Contractor. A rebill is acceptable as long as the installation is notified of the utilities failure to obtain a meter read, late charges are not assessed, and the installation has 30 days to pay from the date of invoice receipt.

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

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

**CLIN 0002 Dyess AFB – 15-minute actual metered usage shall be provided in addition to 15-minute loss adjusted metered usage.

**CLIN 0007 Customs Border Protection (CBP) will need separate invoices for all accounts.

** NAVY CLINs 0009, 0010, 0011, 0012, 0013: Invoices shall include the Service Point ID (SPID) as identified in Attachment V – Navy Service Point ID (SPID).

** All CLINS will use one of the following systems for invoicing: Wide Area Work Flow (WAWF), Defense Enterprise Accounting and Management System (DEAMS), General Fund Enterprise Business System (GFEBS), or (CIRCUITS).

** CLIN 0016 NASA JSC: The Contractor shall provide one billing package per month containing a separate bill for each individual ESI ID number at NASA JSC (for each month or common billing period of cycle) that includes:

1. Information listed in C800 Statement of Work/Specifications, Paragraph (b) above.

2. The first page of the bill shall be a summary page containing the information in items (1), (2), (3), and (6) of Paragraph (b) above.

3. The UDC/TDSP billing page shall contain the information in item (9) of Paragraph (b) above.

4. The Contractor may provide the demand information referenced in item (5) of Paragraph (b) above at the meter level as presented to the supplier by the UDC.

5. Contractors may submit invoice via e-mail to point of contact provided upon award.

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

Installation Paying Office

TO BE PROVIDED AT TIME OF AWARD

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

(d) SCHEDULING AND SUPPLY MANAGEMENT. It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the time period specified herein. The Contractor shall be responsible for supply management and overall coordination of production, transmission, and distribution of electrical power to the service point of each account identified in the contract. As such, the Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract.

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

(e) RECORD KEEPING. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Access or a spreadsheet format compatible with Microsoft Excel. These records shall be made available to 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 I800.

(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- See Attachment III – Combined Installation Data Sheet.

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

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

SECTION E –INSPECTION AND ACCEPTANCE

The offeror shall comply with FAR 52.246-1, Contractor Inspection Requirements; FAR 52.246-2, Inspection of Supplies (Fixed Price); and FAR 52.246-16, Responsibility for Supplies.

SECTION G—CONTRACT ADMINISTRATION DATA

Administrative Points of Contact:

The following Government personnel are the administrative points of contact:

Contract Specialist(s): Email: Phone:

James Knudson James.Knudson@dla.mil 703-767-8536 Barbara Korzcyk Barbara.Korzyk@dla.mil 703-767-6283 Brandon Budman Brandon.budman@dla.mil 703-767-8901 Contracting Officer: Email: Phone:

Melissa Roth Melissa.Roth@DLA.MIL 703-767-8610

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

SECTION I – CONTRACT CLAUSES

To view any Federal Acquisition Regulation (FAR), offerors may use the following website: http://farsite.hill.af.mil/VFFARA.HTM For all Small Business questions please e-mail: dla.energy.osbp@dla.mil.

52.204-7 -- SYSTEM FOR AWARD MANAGEMENT (FAR) (JUL 2013)

(a) “Registered in the System for Award Management (SAM) database” means that—

(1) (1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database; Show citation box;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM 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 SAM database.

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) If the Offeror does not become registered in the SAM 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.

ADDENDA TO FAR 52.212-4 IN ACCORDANCE WITH FAR SUBPART 12.302(d) (MAY 2015)

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties (Reference FAR Subpart 43.103 for information on types of Contract Modifications).

(d) DISPUTES. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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 or caused 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.

(g) INVOICE. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number, contract line item number, and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price, and extended price of the items delivered;

(5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Terms of any prompt payment discount offered;

(7) Name and address of official to whom payment is to be sent; and

(8) Name, title, and phone number of person to be notified in event of defective invoice.

(9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(10) Electronic funds transfer (EFT) banking information.

(i) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration), or applicable agency procedures.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(i) PAYMENT.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purposes of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item number or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this DLA Energy FAR Tailored clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which…