SPE600-16-R-0413_-_Amendment_0001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000048969

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-16-R-0413

5. SOLICITATION NUMBER

2016 AUG 11

6. SOLICITATION ISSUE

DATE

Latonya Beach PVEFEA2

a. NAME

Phone: 703-767-8532

b. TELEPHONE NUMBER (No Collect calls)

2016 SEP 01

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

12:00 PM

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

FEA9082

Highlight

FEA9082

Highlight

FEA9082

Highlight

PJM Large SPE600-16-R-0413 Page 2 of 53

PART I – THE SCHEDULE

SECTION A – SOLICITATION/ CONTRACT FORM

NOTE 1: 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 FAR 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 2: The Government reserves the right to not consider any exceptions to the stated solicitation requirements received before or after the due date of technical offers.

NOTE 3: A date for the receipt of prices will be established via a future amendment to be issued after offer due date defined on the Standard Form 1449.

Section B. Supplies of services and prices/costs

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.

Applicable NERC Region: PJM

Utility Service Region: JCP&L Jersey Central Power and Light

PEPCO Potomac Electric Power Company BG&E Baltimore Gas and Electric FES First Energy AEP Ohio American Electric Power Ohio PP&L Pennsylvania Power and Light DQE Duquesne Light ComEd Commonwealth Edison Company

PJM Large SPE600-16-R-0413 Page 3 of 53

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

CLIN Location/ Installation Name

Number of Accounts

Spreadsheet

Name 0001 Marine Barracks 3

A tta ch m en t I

II

-C om bi ne d

In st al la tio n

D at a Sh ee t.x ls x

0002 Building 6000, JB Anacostia - Bolling 1 0003 JB Myer-Henderson Hall (McNair) 3 0004 Argonne National Laboratory (Argonne) 1 0005 DC Naval Research Laboratory 1 0006 US Army Corps of Engineers (USACE) 1 0007 National Agricultural Library 17 0008 Site 6910 1 0009 National Institutes of Health (NIH) 1 0010 Fort Detrick - Forest Glen 4 0011 Fort Detrick 3 0012 Fort Meade 3 0013 VA MD Healthcare 279 0014 Loch Raven 1 0015 MD Naval Research Laboratory 5 0016 Maryland Procurement Office (MPO) 1 0017 Johns Hopkins Applied Physics Laboratory (JHAPL) 3

0018 CSSG 1

0019 DLA Installation Support Columbus 1 0020 Carlisle Barracks 1 0021 DLA Distribution Susquehanna 2 0022 Bettis Atomic Power Laboratory (Bettis) 3 0023 Tobyhanna Army Depot (Tobyhanna) 2 0024 Department of Defense (DoD) 1 0025 Catoctin Mountain Park 1 0026 Walter Reed Army Medical Center (WRAMC) 1

JB Anacostia-Bolling 2 USNO Washington 1 Washington Navy Yard 1

0028 Naval Academy 1

Naval Maritime Intelligence Center 1 Navy Carderock 1 Navy Medical Center Bethesda 2

0030 NSA Philadelphia 1 0031 Philadelphia Depot Mechanicsburg 1 0032 Naval Station Great Lakes 1 0033 Earle Naval Weapons Station 3

PJM Large SPE600-16-R-0413 Page 4 of 53

(d) The Government is soliciting offers for 10-month delivery period (from the meter read date occurring in December 2016 through the meter read date occurring in October 2017) for the Walter Reed and Navy accounts. The delivery period is 24-months (from the meter read date occurring in December 2016 through meter read date occurring in December 2018) for all remaining accounts except for Argonne National Laboratory, which is for 23-months delivery period (from the meter read January 2017 through the meter read December 2018). Specifics for each line item are provided with the attached Combined Installation Data Sheet, Attachment III. The information includes: (1) Line Item Number, (2) Location, (3) Local Electric Utility, (4) Current Tariff Rate, (5) Utility Account Number; (6) Contract Performance Period, (7) Monthly Consumption and Demand Data; and (8) Interval Data.

(e) The Government is soliciting offers for Firm Fixed Price, Requirements Type basis electricity for CLINs 0001 thru 0025. Prices shall include the following charges energy, capacity, transmission, ancillary services, PJM transmission losses, UDC losses, all costs attributed to meeting state Renewable Portfolio Standards (RPS), and independent system operator/regional transmission organization fees (all retail supply costs) to the service point as specified in this solicitation.

The Government is soliciting offers for Firm Fixed Price, Requirements Type utilizing Locational Marginal Pricing basis for electricity for CLIN 0026 thru CLIN 0033. Prices shall include the following charges. See listed in B802 LOCATIONAL MARGINAL PRICE (ELECTRICITY) (DLA ENERGY) (JAN 2009) of this solicitation to the service point as specified in this solicitation. The charges not included in the transaction fee are passed through.

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

(g) The Government is soliciting unit prices consistent with and reflecting the structure established in the applicable tariffs. The following symbols have been established for the applicable line items: Not applicable.

Note 1: Reliability Must Run (RMR) charges shall be handled as a direct pass-through with no additional markup to the Government.

Note 2: Offerors may submit prices based on the Requirements clause (Load Following).

Note 3: Costs related to FERC Order 745 shall be a direct pass-through with no markup.

Note 4: Network Integrated Transmission Service (NITS) shall be based on the account’s Network Transmission Service Obligation and be a direct pass-through to the Government. PJM’s Transmission Enhancement Charge (TEC) and Regional Transmission Expansion Planning Process (RTEP) charges shall be treated as a direct pass-through to the Government.

Note 5: For Argonne National Laboratory (ANL) – Contractor shall review Attachment IV - Argonne Requirements and Schedule Sheet for the price requirements for ANL. Contractor shall provide Firm Fixed Price for the Energy component, including ancillary costs, and the Renewable Energy Certificate (REC) component. The Contractor shall pass-through transmission, capacity, ComEd distribution losses and the minimum Alternative Compliance Payment (ACP) required by the Illinois Renewable Portfolio Standard (RPS).

The Fixed Energy offer shall include all other retail supply costs not specifically identified. Contractor shall provide a different Fixed Energy rate for Peak Hours and Off-Peak Hours (weighted average price will not be accepted). Peak and off-peak hours are based on ComEd's definition of Retail Peak Period and Retail Off-Peak Period in its terms and conditions. Retail Peak Period is defined as 9AM to 10PM, Monday through Friday, except on days designated as holidays by the NERC. Retail Off-Peak Period is

PJM Large SPE600-16-R-0413 Page 5 of 53 defined as all hours other than those included in the Retail Peak Period. These definitions will remain in effect during the term of this contract.

The Illinois RPS - The Contractor shall provide documentation indicating compliance with IL's RPS under a resultant contract award for ANL. 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. The RPS compliance shall be satisfied through the purchase of RECs and the IL ACP program. RPS costs associated with the ANL account shall be handled as follows:

In compliance with Illinois state RPS requirements, offerors shall fix the REC rate for the 24-monthperiod of this contract. REC rates will be evaluated against current market rates.

The Alternative Compliance Payments (ACP) shall be treated as a direct pass-through under any contract resulting from this procurement. The ACP will be reimbursed at a rate of 50% of the ACP on 100% of the customer's energy consumption.

Current ACP Rate (kWh) x 50% x ANL Monthly Usage (kWh) The Government will work with the selected Contractor if changes to the IL RPS occur, specifically the ACP payment, during the contract period.

a. PJM Transmission Costs: Direct pass-through of PJM Network Integration Transmission Service Rate (“NITS”) for Commonwealth Edison Company based on Argonne’s Network Service

PLC.

Formula:

Argonne Network PLC x Annual NITS ÷ 365 Days = Daily Price

Current Cost: 43.049 MW x $35,451 per MW per year ÷ 365 = $4,181.18 per day

PJM NITS subject to change each June 1 and Argonne’s PLC subject to change each January

1. Monthly costs should be prorated when costs change during a mid-month billing cycle.

All other transmission related costs, including enhancement charges, must be included in the Fixed Energy Charges.

Monthly invoice price should be pro-rated if transmission rate or ANL PCL changes during a billing period.

b. PJM Capacity Costs: Direct pass-through of PJM Capacity Rate for Commonwealth Edison

Company based on Argonne’s Capacity PLC. Daily charge will be assessed during monthly billing period based on the PJM Locational Reliability Charge and Argonne’s Capacity PLC assigned by ComEd.

Formula:

Current Argonne’s Capacity PLC MW 45.05 MW

Zonal Scaling Factor Adjustment x 1.05292

FPR Pool Requirement Adjustment x 1.09520

PJM Large SPE600-16-R-0413 Page 6 of 53

Adjusted Capacity MW: = 51.95

June 1, 2016 PJM Auction Price : $101.55 MW

Current Daily Capacity Cost: = $5,275.52 per day

PJM capacity price, scaling factors, pooling requirements, and Argonne PLC subject to change each June 1. Monthly costs should be prorated when costs change during a mid-month billing cycle.

c. Loss Factors: Direct pass-through of distribution and transmission losses.

d. Renewable Portfolio Standard (RPS): Direct pass-through of only the minimum applicable

Illinois Power Agency Alternative Compliance Payment (ACP).

Formula: ACP Rate in $/kWh times 50% of Argonne’s ComEd metered kWh

The market based non-ACP portion of supplier RPS costs must be included in the Fixed Energy Prices.

e. Direct Pass-Through Reliability Must Run and FERC Order 745:

Argonne understands that RMR charges are currently zero for the ComEd zone.

B802 LOCATIONAL MARGINAL PRICE (ELECTRICITY) (DLA ENERGY) (JAN 2009)

***Applicable to CLINS 0026 through 0033 The total amount charged by the Contractor each month shall equal the sum of the following components:

(a) ENERGY. With the exception of CLIN0032, for each hour of the month, the Government shall pay the Contractor the product of the Real-Time Locational Marginal Price (LMP) for the PJM Zone through which the account is served and the loss-adjusted metered load of the account to the same PJM Zone. For CLIN0032, for each hour of the month, the Government shall pay the Contractor the product of the Day-Ahead LMP for the PJM Zone through which the account is served and the loss-adjusted metered load of the account to the same PJM Zone.

(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 current and future costs attributed to meeting state Renewable Portfolio Standards (RPS), as well as the cost of PJM ancillary services and any other costs not specifically addressed by the Energy and Other Market Charges components described in this section. The price of the fixed fee shall remain constant throughout the contract term.

(c) OTHER MARKET CHARGES. All other charges, not included in the Energy or Transaction Fee components, are identified below.

(i) CAPACITY. Capacity charges shall be treated as a direct pass-through to the Government. For each day of the month, the Government shall pay the Contractor the product of the capacity price and the account’s Capacity Obligation. The capacity price is the PJM zonal capacity price, expressed in dollars per megawatt-day. The account’s Capacity Obligation is defined as the

PJM Large SPE600-16-R-0413 Page 7 of 53

Obligation Peak Load for the account times 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.

(ii) TRANSMISSION. Network Integrated Transmission Service (NITS) shall be based on the account’s Network Transmission Service Obligation and be a direct pass-through to the Government. PJM’s Transmission Enhancement Charge (TEC) and Regional Transmission Expansion Planning Process (RTEP) charges shall be treated as a direct pass-through to the Government.

(iii) TRANSMISSION AND DISTRIBUTION LOSSES. The Contractor shall refund to (or charge) the PJM marginal loss credit. NOTE: Distribution losses are a pass through and the metered load shall be grossed up to account for distribution losses. Offerors shall use the applicable utility-defined loss factor.

(iv) RELIABILITY MUST RUN (RMR) CHARGES. The Contractor shall treat RMR Charges as a direct pass through with no mark up.

(v) EDC LOSS DE-RATION FACTOR. The Contractor shall treat the EDC Loss De-Ration Factor as a direct pass through with no markup.

(vi) FERC ORDER 745. Costs related to FERC Order 745 shall be a direct pass-through with no markup.

(vii) UNACCOUNTED FOR ENERGY (UFE) should be included in the supplier service fee unless the approximate formula/methodology for its calculation is indicated in the contract.

(d) INDICES. In the event that the PJM LMP 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.

Note 1: The following installations have renewable projects:

a. Fort Detrick implemented an onsite generation project since the last PJM Large procurement, which accounts for 12% of the estimated electricity requirement.

b. DLA Susquehana has installed a 100 kWh solar array which accounts for a small fraction of their total usage.

c. Joint Base Henderson-Hall (McNair) has plans to install a 500-800 kWh solar array in the third quarter of Fiscal Year 2017.

d. The Navy accounts, through DLA, currently has a solicitation on the street for the installation of a significant amount of renewable energy off site.

e. Argonne Laboratory has installed an on-site six (6) MW combustion turbine generator (“CHP”) started operation and will ramp up to full operation by fall 2016.

PJM Large SPE600-16-R-0413 Page 8 of 53

Note 2: The following installations are enrolled in demand response agreements:

a. CLIN 0005 – Argonne National Laboratory – 3000kWhs

b. CLIN 0012 – Fort Detrick – 2000kWhs

c. CLIN 0021 –Carlisle Barracks – 500kWhs

d. CLIN 0024 – Tobyhanna Army Depot – 1000kWhs

e. CLIN 0026 – Catoctin Mountain Complex – 2100kWhs

f. CLIN 0027 – JBAB 2042kWhs and Washington Navy Yard 1800kWhs

g. CLIN 0028 – Naval Academy – 3000kWhs

h. CLIN 0029 – NMIC – 2800kWhs and Navy Carderock – 4000kWhs

Note 3: CLIN 0026 - Walter Reed Army Medical Center (WRAMC) is subject to BRAC.

Section C. Description/specifications/statement of work.

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 nondelivery of the firm requirements in accordance with paragraphs (f) and (m) of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause.

(b) INVOICE AND PAYMENT. The Government will utilize 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 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 for each account (broken down by Peak, Off-Peak, Semi-Peak if applicable)

(4) Total Energy Charge for the account for the billing period (broken down by energy charges and demand charges) account in a manner consistent with RES/UDC arrangements and PUC/PSC/ICC requirements.

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

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

(7) Transmission charges for the billing period

(8) Transaction Fee for the billing period

PJM Large SPE600-16-R-0413 Page 9 of 53

(9) 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.

(10) Applicable to Line Item 0008 Argonne National Laboratory Only: All information listed in Attachment IV – Argonne Requirements and Schedule Sheet, Appendix I - Expected Invoice Format

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

(12) UDC “pass through” charges for UDC services broken out in detail for each account in a manner consistent with RES/UDC arrangements and PUC/PSC/ICC requirements.

NOTE 1: If a Contractor is unable to issue a bill based on actual meter reading due to the failure of the UDC to obtain or transmit a meter reading to the Contractor, the Contractor may issue a bill based on an estimated reading fifteen (15) calendar days following the meter read date for the affected account.

The Contractor 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 Contractor to obtain the meter read data. For estimated billing purposes, the estimate of usage provided by the UDC shall be used first. If no such UDC estimate is available, the Contractor shall use the relevant monthly consumption data (as the estimate) included in the applicable Installation Data Sheet, adjusted for the number of days. All estimated bills shall be trued up on the next billing cycle.

The following two notes concern Maryland Procurement Office accounts ONLY:

NOTE 2: REQUIREMENTS FOR MPO'S LOAD SERVING ENTITY (LSE)

The term "Dedicated Facilities Project" shall refer to an approximately 2.2 mile double circuit 230 kV wholesale electric transmission line and appurtenant facilities located in and about NSAW's Ft. Meade, Maryland campus that are owned by Baltimore Gas and Electric Company (BGE) and operated by PJM International, L.L.C. (PJM).

In its May 18, 2012 Order in Docket No. ER12-306-000, the Federal Energy Regulatory Commission (FERC) accepted revisions to Attachment H-2A of the PJM Open Access Transmission Tariff (PJM OATT) to reflect a dedicated facilities charge applicable to the Dedicated Facilities Project. Any agreement entered into between MPO and a LSE for service to the NSAW's Ft. Meade, Maryland campus shall include a requirement that the LSE comply with the terms and conditions of the PJM OATT and pay all applicable PJM tariff charges approved by the FERC, including, but not limited to, all charges related to the Dedicated Facilities Project and the abandonment of the Dedicated Facilities Project, and a requirement to execute any agreements with PJM or other third-parties, including, but not limited to, BGE, that may be necessary to effectuate these obligations.

The LSE shall timely pay to PJM the full amount of all invoices that it receives from PJM, including, but not limited to, invoices that include charges related to the Dedicated Facilities Project and charges related to the abandonment, in full or in part, of the Dedicated Facilities Project. Additionally, the LSE shall also immediately deliver to PJM the full amount of any and all additional payments made by MPO to its LSE in excess of the charges related to the Dedicated Facilities Project that appear on the invoices

PJM Large SPE600-16-R-0413 Page 10 of 53 that MPO periodically receives from its LSE, provided that such additional payments also relate to the Dedicated Facilities Project and are noted as such by MPO.

All charges related to the Dedicated Facilities Project shall be invoiced by the LSE to MPO as a separate line item identified as "Dedicated Facility Charge".

All of MPO’s invoices shall be submitted using the Electronic Invoicing internet website at:

www.nsa.gov/business/programs/electronic_invoicing.shtml.. Access to the electronic invoicing website requires an External Certificate Authority/Interim External Certificate Authority (ECA/IECA) PKI certificate. Information on purchasing an ECA/IECA PKI certificate is available on the internet at:

http://iase.disa.mil/pki/eca/index.html

Once an ECA/IECA certificate has been obtained, contact the Electronic Commerce Office at (410) 854- 5445 to setup an account. Additional information can be obtained by contacting the Electronic Commerce office at the above number.

Each invoice line shall have a valid Contract Line Item Number (CLIN), and Accounting Classification Reference Number (ACRN). ACRN shall be provided at time of award. Failure to include this information will result in the automatic rejection of the invoice. Further, an invoice not properly allocated or not properly submitted shall be considered an improper invoice under the Prompt Payment Act.

(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, Tab 2, Column C. Block 2.

http://iase.disa.mil/pki/eca/index.html

PJM Large SPE600-16-R-0413 Page 11 of 53

(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.

Section D. Packaging and marking.

Not Applicable.

Section E. Inspection and acceptance.

Shall be in accordance with FAR 52.212-4(a).

Section F. Deliveries or performance

Not Applicable

Section G. Contract administration data.

Not Applicable

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.

Part II-Contract Clauses

Section I – Contract Clauses.

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(ELECTRICITY) (TAILORED) (DLA ENERGY) (JUL 2013) FAR update (June 2016).

(a) INSPECTION/ACCEPTANCE. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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(b) ASSIGNMENT. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) CHANGES. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(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.

(e) DEFINITIONS. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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.

(g) INVOICE.

(1) 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—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

(vi) Terms of any discount for prompt payment offered;

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

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

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

(B) 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—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

(2) 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.

(h) PATENT INDEMNITY. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(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 purpose 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 or subline item, if applicable; and

(D) Contractor point of contact.

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(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 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this 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 33.211 if—

(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 the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(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 t the date and time specified by the Government for the termination of any or all contract quantities plus any additional energy the Contractor is required to deliver for the Government’s account under applicable location distribution company tariff sheets.

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

Specify the applicable Termination for Convenience formula(s) based on the type of contract(s) being solicited.

(i) Firm Fixed Price:

A = Σ (B - C)*D

Where-- A = Termination value.

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

C = Forward market bid price, defined herein.

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

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

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

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

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

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

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

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

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

(q) OTHER COMPLIANCES. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations applicable to its performance under this contract.

(r) COMPLIANCE WITH LAWS UNIQUE TO GOVERNMENT CONTRACTS. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(s) ORDER OF PRECEDENCE. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

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Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) SYSTEM FOR AWARD MANAGEMENT (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but…