Solicitation_-_Texas_2019_-_A0005.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

1000069342

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE604-18-R-0408

6. SOLICITATION ISSUE

DATE

2018 SEP 13

a. NAME

James Knudson PVEFEB7

b. TELEPHONE NUMBER (No Collect calls)

Phone: 703-767-8536

8. OFFER DUE DATE/

LOCAL TIME

2018 OCT 04

9. ISSUED BY CODE SPE604

DLA ENERGY

INSTALLATION ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

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

NAICS: 221112

SIZE STANDARD: 750 Employees

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

03:00 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

SPE60418R0408 Page 2 of 49 Texas 2019

Part I – The Schedule

SECTION A – SOLICITATION / CONTRACT FORM

QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED IN WRITING VIA E-

MAIL TO DLAENERGY.ETEAM@DLA.MIL NO LATER THAN SEPTEMBER 20, 2018.

Continuation of SF 1449, Block 8 Offer Due Date This date refers to only to the non-price proposal requirements of this Request for Proposal (RFP).

Offerors shall submit all Non-Price Proposal elements and all other required documents pursuant to Section L of this RFP. Offerors are encouraged to submit their proposals early as pricing is not required prior to the date/time defined in SF 1449, Block 8.

A date for the submission of prices will be established via an amendment to be issued after the Offer Due Date.

The Government reserves the right not to consider any exceptions to the stated solicitation requirements received after the Offer Due Date.

Prospective offeror’s 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 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.

*E-mails being sent to DLA Energy by non-DoD entities during the weekdays from 0800 to 1700 may be delayed up to several hours. To minimize potential issues as a result of any e-mail delays, DLA Energy requests that any correspondence from Non-DoD Entities allow at least 24 hours to be received.

SECTION B – SUPPLIES OR 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 text. 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 mailto:DLAENERGY.ETEAM@DLA.MIL

SPE60418R0408 Page 3 of 49 utility service area, public utility commission, the applicable NERC region, and those NERC Regions that border the applicable NERC Region.

RTO/ISO: ERCOT-ISO ERCOT Independent System Operator NERC Region: Texas Reliability Entity 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 1: Supplies to be furnished:

CLIN

Location/

Installation Name

Total Accounts

Estimated Total

Quantity (kWh)

Type of Electricity

*TDSP

as Pass Thru

GRT,

PUC, RMR

& RUC in unit price

GRT &

PUC as

Pass Thru

Spreadsheet Name

Army/Air Force

Exchange Service

(AAFES)

9 46,604,462 FFP X X

Attachment

III

Installation Data Sheet

0002 Dyess Air Force Base 9 129,535,548 RTSPP X X

+RUC

0003 Army Reserves 37 41,350,964 FFP X X

0004 Fort Hood 2 41,935,628 FFP X

PUC+RUC

+RMR

ONLY

0005 NASA CSBF 15 2,772,958 FFP X X

0006 Texas Air National Guard 149th FW 3 357,334 FFP X X

0007 Customs Border Protection (CBP) 299 52,403,406 FFP X X

0008 Marines MCRC Galveston 1 835,200 FFP X X

0009 Naval Air Station Kingsville 20 55,405,020 RTSPP X X

0010 Naval Air Station Kingsville Nueces 3 1,115,792 RTSPP X X

0011 JRB Navy Reserves 3 104,255,536 RTSPP X X

0012 Navy Reserves 3 2,554,816 RTSPP X X

0013 Naval Air Station Corpus Christi 4 232,250,798 RTSPP X X

0014 US Department of Agriculture (USDA) 14 2,612,732 FFP X X

Immigration and

Customs Enforcement (ICE)

36 15,972,968 FFP X X

SPE60418R0408 Page 4 of 49

0016 NASA JSC

166,371,340

FFP X X

4 Block /

RTSPP X

X +

RUC+

Line

Losses

Goodfellow AFB 6 92,867,136 FFP X X

Laughlin AFB

8 67,183,964 FFP X X

0019 Sheppard AFB

13 218,476,724 FFP X X

0020 Holdover (See I821) 0 RTSPP X X

TOTAL 496 1,274,862,326

*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.

PUCA: Public Utility Commission Assessment RMR: Reliability Must Run RUC: Reliability Unit Commitment

(d) The Government is soliciting offers for a 24-month delivery period (meter read date occurring in January 2019 through meter read date occurring in January 2021). Specifics for each line item are provided with each individual 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.

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

(e) The Government is soliciting offers for Firm-Fixed-Price Requirements Type and Fixed– Price Requirements Type utilizing Real Time Settlement Point Pricing (RTSPP). Prices shall include the following charges:

Firm-Fixed-Price accounts: shall include transmission and distribution losses to the Service Point, 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.

Fixed-Price accounts utilizing RTSPP: See Clauses B19.46, B802, and B806

The charges not included in the offered unit price are:

Firm-Fixed-Price accounts: all charges not included in the offered unit price are identified in Table 1 above.

Fixed-Price accounts utilizing RTSPP: See Clauses B19.46, B802, and B806

(f) Offerors may submit prices on all, some or none of the line items contained in the solicitation.

http://www.fbo.gov/

SPE60418R0408 Page 5 of 49

(g) The Government is soliciting unit prices consistent with and reflecting the structure established in the applicable tariffs.

NOTE1 : CLIN 0020 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 2021.

NOTE 2: CLIN 0002 (DYESS): Dyess Air Force Base has 11MW of diesel on-site generation used to supplement episodes of higher 4CP type loads (primarily during summer months) and for participation in the ERCOT Emergency Response Service demand response program to support reductions up to 7.5MW. As a secondary function, the generation is used for emergency and/or back-up generation (the installation data sheets show the indicative customer usage with on-site generation).

This generation is behind the meter and is always run at a level that does not feed back to the grid.

NOTE 3: CLIN 0016 NASA JSC has a Combined Heat and Power (CHP) Plant behind ESID 1008901000183000017100 generating 11.9 MW total (2 x 5.7 MW gas turbines and a 500 Kw backpressure steam turbine), and which began full operation in June 2018. The Block volumes in Attachment VII are intended to represent approximately 95% of the load for ESIDs 1008901000183000017100, 1008901000181570011100, 1008901023813685220103, 1008901023809429370100 not covered by the CHP. 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.

NOTE 4: During the performance period, any of the installations identified in Table 1 above may elect to enroll in a demand response program with a third-party Demand Response Provider (DRP). The Contractor will be notified of any such enrollment with a third-party DRP and be required to facilitate the Government’s participation by applying any applicable credit from the third-party DRP to the invoice(s) of the participating accounts. Upon enrollment, the DRP will be provided the Contractor’s contact information. When a credit is applicable, the DRP will send a check to the Contractor to be credited to the participating installation. CLIN 0002, Dyess AFB is currently enrolled in the ERCOT Emergency Response Service demand response program, additional information on which will be provided after award.

B19.46.100 BLOCK PURCHASES (ELECTRICITY) (NASA) (DLA ENERGY AUG 2018)

APPLICABLE ONLY TO CLIN 0016 NASA JSC ESIDs 1008901000183000017100, 1008901000181570011100, 1008901023813685220103, and 1008901023809429370100 The total amount charged by the Contractor each month shall equal the sum of charges for: (a) Electricity, (b) the Supply Service Fee (SSF), and (c) Other Market Charges.

(a) ELECTRICITY. A portion of the electricity to be delivered under the contract shall be in blocks at firm-fixed prices in accordance with paragraph (1) below. All blocks shall be priced at ERCOT Houston Hub, with the remainder of the electricity requirement priced at the relevant ERCOT Houston Hub Real-Time Settlement Point Price (RTSPP).

(1) Electricity – Firm-Fixed Price Blocks (Priced At ERCOT Houston Hub).

(i) For each block defined in Attachment VII, titled “NASA JSC Block Schedule”, the Government shall pay the Contractor the product of a fixed price per kilowatt-hour (around-the-clock or on-peak, as applicable) and the number of kilowatt-hours in the block. The Government reserves the right to modify Attachment VII, for the purpose of directing the Contractor to procure additional firm-fixed price blocks, without change to the Contractor’s SSF. Upon modification of the Block Purchase Schedule, price negotiations may be held to establish the price of any additional block. If the

SPE60418R0408 Page 6 of 49

Government accepts the Contractor’s proposed price for any additional block, the contract will be modified to reflect the revised price(s). Acceptance by the Government of the Contractor’s price proposal for additional block(s), within the time limit allotted by the Contractor for acceptance of the price proposal, shall be binding. The Government reserves the right to decline to purchase any additional block(s) if, in its sole discretion, it determines the price or any other aspect of the proposed block purchase is unsatisfactory.

(ii) 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) If in any 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) Electricity – Purchased at ERCOT Houston Hub (RTSPP).

Pricing for Quantities Outside Purchased Blocks of Electricity

(i) If, in any 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 text, 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 the 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 RTSPP is the ERCOT Houston Hub Real-Time Settlement Point Price value as posted on ERCOT’s 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 the 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 where-- EEA is the Excess Electricity Adjustment EE is the Excess Electricity ERCOT Houston Hub RTSPP is the ERCOT Houston Hub Real-Time Settlement Point Price value as posted on ERCOT’s website.

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.

SPE60418R0408 Page 7 of 49

(b) SUPPLY SERVICE FEE (SSF). For each Settlement Period, the Government shall pay the Contractor the product of the SSF and the account’s total electricity consumption in that Settlement Period. The SSF shall be fixed and identical for each kWh supplied under this contract. The SSF shall not include any charges identified in Paragraphs (a) Electricity; or (c) Other Market Charges; of this clause.

(c) OTHER MARKET CHARGES. The following charges identified below shall be a direct pass-through to the Government with no additional mark-up, and shall be invoiced in accordance with the INVOICE clause:

(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 be calculated in a manner consistent with methodologies defined by ERCOT. Losses should be applied to the net metered volume as reported by the TDSP.

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

APPLICABLE ONLY TO CLIN 0002 Dyess AFB, CLIN 0009 Naval Air Station Kingsville, CLIN 0010 Naval Air Station Kingsville Nueces, CLIN 0011 JRB Navy Reserves, CLIN 0012 Navy Reserves, CLIN 0013 Naval Air Station Corpus Christi.

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. Metered load should be increased for: the current Transmission Line Losses to the same Load Zone calculated in a manner consistent with the methodologies defined by ERCOT and applicable transmission line loss factors posted by ERCOT, and distribution line losses using the current distribution line loss factors for the voltage level at which the account receives services as posted by ERCOT. There shall be no separate or additional charge for congestion.

(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 and costs incurred, as well as all retail service charges, fees, and applicable taxes associated with supplying energy to the point of delivery, that are not specifically identified as pass-through items itemized in sections B802 (a) and (c) and Clause B1.08, Table 1. The price of the fixed fee shall remain constant throughout the contract term.

(c) OTHER MARKET CHARGES. See Clause B1.08, Table 1 for applicable pass-through charges.

(d) INDICES. In the event that the ERCOT RTSPP or any other index upon which any

SPE60418R0408 Page 8 of 49 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, CLIN 0009 Naval Air Station Kingsville, CLIN 0010 Naval Air Station Kingsville Nueces, CLIN 0011 JRB Navy Reserves, CLIN 0012 Navy Reserves, CLIN 0013 Naval Air Station Corpus Christi.

(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

SPE60418R0408 Page 9 of 49 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.

http://www.puc.state.tx.us/electric/rates/TDR.cfm

SPE60418R0408 Page 10 of 49

a. CLIN 0004 FORT HOOD: Fort Hood has a checklist (Attachment IV – Fort Hood Invoice Checklist Verification) that is used for invoice verification.

(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 0005 NASA Columbia Scientific Balloon Facility: The following language applies to CLIN 0005 only:

(1) Invoices. Invoices shall be submitted using the steps described at the NSSC’s Vendor Payment information web site at https://www.nssc.nasa.gov/vendorpayment.

(2) Improper Invoices. The NASA Shared Services Center (NSSC) Payment Office will notify the contractor of any apparent error, defect, or impropriety in an invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (1) of this section.

(3) In the event that amounts are withheld from payment in accordance with provisions of this award, a separate payment request for the amount withheld will be required before payment for that amount may be made.

**CLIN 0007 Customs Border Protection (CBP): a separate invoice must be provided for each individual account.

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

** 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. A summary of all invoices containing the information in items (1), (2), (3), and (6) of Paragraph (b) above. This summary shall be provided as the first page in the billing package and in an electronic format compatible with Microsoft Excel.

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

https://www.nssc.nasa.gov/vendorpayment

SPE60418R0408 Page 11 of 49

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. A spreadsheet (compatible with Microsoft Excel), calculating the Settlement for quantities outside of established blocks (as defined in B19.46, Paragraph (a)(2)) to include interval data for all four Block Purchase ESID Numbers.

6. The billing package is to be e-mail addresses identified in Attachment C – Installation Payment Offices.

** 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).

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

(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 text.

(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 I.

(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

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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 D – PACKAGING AND MARKING

Not Applicable

SECTION E – INSPECTION AND ACCEPTANCE

The offeror shall comply with FAR 52.212-4(a), Contract Terms and Conditions – Commercial Items, Inspection/Acceptance.

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

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 (5 business days). Failure of the Contractor to comply with this contract text shall not be grounds for termination for cause.

Part II – Contract Clauses

SECTION I – CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(ELECTRICITY) (TAILORED) (JUL 2013)

NOTE: INSTRUCTIONS HAVE BEEN TAILORED TO BE MORE CONSISTENT WITH

COMMERCIAL PRACTICE UNDER FAR PART 52.212-4. ALL OTHER INSTRUCTIONS

INCLUDED IN FAR 52.212-4 ARE HEREBY INCORPORATED BY REFERENCE (SEE BLOCK

27A OF STANDARD FORM 1449).

(f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or

SPE60418R0408 Page 13 of 49 transmission failure. An excusable delay or similar event suffered by an independent service operator (ISO) (or an equivalent of an ISO) or a utility distribution company (or electric distribution company or transmission distribution services provider) shall constitute an excusable delay hereunder. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly provide notice to the Contracting Officer of the cessation of such occurrence. Upon delivery of notice of the occurrence of an excusable delay, the obligations of the Contractor shall be suspended to the extent affected by such excusable delay.

(k) TAXES.

(1) The contract price includes all applicable Federal, State, and local taxes and duties in effect at contract signing.

(2) After-imposed Federal, State, or local tax, as used in this DLA Energy FAR Tailored clause, means any new or increased Federal, State, or local excise tax or duty, or tax that was exempted or excluded on the contract award date but whose exemption was later revoked or reduced, or whose computation was later changed during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax, income tax, or other employment taxes. The contract price shall be increased by the amount of any after-imposed Federal, State or local tax, provided the Contractor warrants, in writing, that no amount for such newly imposed Federal, State, or local excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(3) After-relieved Federal, State, or local tax, as used in this DLA Energy FAR Tailored clause, means any amount of Federal, State, or local excise tax or duty that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax, income tax, or other employment taxes. The contract price shall be decreased by the amount of any after-relieved Federal, State, or local tax.

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE.

(1) In accordance with all applicable state and local distribution company regulations, the Government reserves the right to terminate this contract with respect to any or all contract quantities, for its sole convenience. In the event of such termination, the Contractor shall cease deliveries hereunder with respect to such terminated contract quantities on the first allowable date subsequent to such termination according to the applicable tariff sheets of the local distribution company. The Contractor shall cause any and all of its suppliers and subcontractors to cease work related to this contract prior to the date and time specified by the Government for the termination. Subject to the terms and conditions of this contract, the Contractor shall be paid for electricity delivered under the contract prior 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:

(i) Firm Fixed Price:

A = Σ (B - C)*D

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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 Sheet).

(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 sum of (i) the average of on and off peak prices at ERCOT Hub through which the account is served; and (ii) a reasonable estimate of market charges forming the basis between the Hub and applicable Load Zone;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 tailored clause.

(E) The termination value formula above shall only apply to electricity purchased on a fixed price basis. The Government shall incur no termination liability for electricity purchased on a RTSPP basis.

(ii) Block Purchases:

A = Σ ((B - C)*D) + J Where-- A = Termination value.

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

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

D = Contract quantity in kWh for each converted block.

J = The Contractor’s unmitigated cost for forward purchased ancillary services acquired by the Contractor to serve the Government load or other unmitigated costs incurred by the Contractor to serve the Government load, defined herein.

(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 for electric power shall be defined as the prices at ERCOT Houston Hub for a term equal to the remaining term of the block. The forward market prices 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 audit forward market price data obtained by the Contractor.

(C) The cost incurred by the Contractor for forward purchased ancillary services, or other cost items, to the extent that these incurred costs cannot be mitigated through market sale or other means, may be recovered by the Contractor in the event of a termination for convenience of the Government upon a showing by the Contractor that the costs for ancillary services (or other costs) to serve the Government load were reasonably incurred, reasonable efforts were made by the Contractor to mitigate the costs, that the costs incurred by the Contractor were for the sole purpose of serving the

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Government load. The recoverable costs shall be limited to the direct costs for ancillary services forward purchased by the Contractor to serve the Government load or other unmitigated direct costs incurred by the Contractor to serve the Government load and shall not include any Contractor administrative costs, transaction costs, overhead costs, or other indirect costs.

(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.

The termination value formulas above shall only apply to electricity purchased on a fixed price basis.

The Government shall incur no termination liability for electricity purchased on a Real-Time Settlement Point Price (RTSPP) basis.

(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.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved].

___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

_X_ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

___ (13) [Reserved] ___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

_X_ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages—Sub-contracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small…