SPE60420R0400_-_A0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

4. REQUISITION/PURCHASE REQ. NO.

See Block 14

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE604 7. ADMINISTERED BY (If other than Item 6) CODE

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

CODE FACILITY CODE

SPE60420R0400

X

2019 OCT 08

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, X is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

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

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

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

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

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

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

DLA ENERGY

INSTALLATION ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

30 OCT 2019

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

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

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 3 PAGES

SPE60420R0400 - 0001

CONTINUED ON NEXT PAGE

The changes set forth are hereby incorporated into Solicitation SPE60420R0400.

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (ELECTRICITY) (TAILORED) (DLA ENERGY) (OCT 2018) NOTE is hereby amended to remove reference to the Standard Form 1449

2. B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY) (JAN 2012) is hereby amended to add the following note:

NOTE 1: Offerors may submit prices based on the Requirements clause (Load Following) and/or in accordance with the Bandwidth clause contained in this solicitation. Both will be evaluated on an equal basis. However in the event of a drawdown, during that time period only, suppliers who offer full requirements have the option to charge the excess in accordance with paragraph (c) of the Bandwidth Clause.

3. C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (DLA ENERGY JAN 2012) is hereby amended to remove Note 6 and Note 7. The text of Note 5 is replaced with the following:

Note 5. Drawdown and sale, or exchange of petroleum products from the Strategic Petroleum Reserve are carried out pursuant to the authorities set forth in 42 USC 6241. Parameters that effect future billing(s) shall be suspended during authorized drawdown(s) or exchange(s).

4. Attachment VI - SPR Questions and Answers is hereby incorporated into the solicitation.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 3 PAGES

SPE60420R0400 - 0001

SECTION J - LIST OF ATTACHMENTS

List of Attachments

File Name Description ATTACH_Attachment_VI__ _SPR_Questions_and_Ans wers

Tab 9 (Solicitations and Amendm

ATTACH_Combined_Syno psis_Solicitation_SPE6042

0R0400_A0001

Tab 9 (Solicitations and Amendm

Combined Synopsis/Solicitation SPR 2020 SPE60420R0400 A0001 Page 1 of 30

1. This is a combined synopsis / solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation SPE60419R0 is hereby issued as a Request for Proposal (RFP).

3. Solicitation has incorporated provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-06 dated 09/10/2019.

4. This acquisition is unrestricted; the associated NAICS Code is 221112. The small business standard size is 750 Employees. NSN: 9410-01-456-2020

5. The item to be acquired is electricity and ancillary services for ultimate transfer to Strategic Petroleum Reserve - Bryan Mound, Line Item 0001, for an estimated quantity of 28,182,000 kWh.

6. The Government is soliciting proposals for 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.

7. The period of performance shall be 34 months, from the meter read date occurring in March 2020 to the meter read date occurring in January 2023.

THE FOLLOWING PROVISIONS APPLY TO THIS ACQUISITION:

FAR 52.212-1 INSTRUCTINOS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018)

NOTE: PARAGRAPH BELOW TAILORED TO BE MORE CONSISTENT WITH COMMERCIAL

PRACTICE. ALL OTHER INSTRUCTIONS INCLUDED IN FAR 52.212-1 (OCT 2018) ARE

HEREBY INCORPORATED BY REFERENCE

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 4 hours from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (ELECTRICITY) (TAILORED) (DLA

ENERGY) (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to this solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Past Performance. Offerors must submit three past performance references, which the Government will evaluate for recency and relevancy in order to determine the Government’s level of confidence in each offeror’s ability to meet solicitation requirements. This evaluation will include any aspect of past performance that is relevant to the work to be performed under this contract.

Recency is defined as performance on Government or commercial contracts where there has been at least 12 months of performance within the last three years of the closing date of the solicitation. Each offeror will be assessed on recent efforts accomplished by the offeror, focusing on performance that is

SPE60420R0400 A0001 Page 2 of 30 relevant to the contract requirements.

Relevancy is defined as present/past performance effort which involved similar in scope and magnitude of effort and complexities this solicitation requires.

The Government will utilize the submissions provided by the Offeror on Attachment IV. If there are past performance documents on file that have been determined to be Recent and Relevant, the Government reserves the right to include these documents as part of the past performance evaluation process. In addition, the Government may use any data the Contracting Officer determines recent and relevant. This includes, but is not limited to:

1. Past Performance Information Retrieval System (PPIRS),

2. Past performance Questionnaires,

3. Customer Feedback,

4. Offeror’s past performance under DLA Energy Contracts,

5. Federal Awardee Performance and Integrity Information System (FAPIIS),

6. Electronic Subcontract Reporting System (eSRS), or other databases,

7. Contracting Officers,

8. General Services Administration

This past performance information will be reviewed to determine the quality of the offeror’s performance, general trends, and usefulness of the information. The Government’s level of confidence in each offeror’s ability to meet solicitation requirements will be based on the offeror’s overall record of recency, relevancy, and quality of performance.

Offerors are advised that the Government may use information gained from any source to evaluate past performance and reserves the right to only consider the Contractor’s performance under Federal Government or DLA Energy contracts. In the case of an offeror for whom information regarding the quality of past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance pursuant to FAR 15.305(a)(2)(iv).

(ii) Technical Capability/Risk. The Government will use a combined technical capability/risk rating to assess the offeror’s proposed approach to satisfying the Government’s requirements. The offeror shall be evaluated on whether their Technical Capability/Risk Proposal (as defined in L800(b)(2)) clearly and precisely describes its approach and demonstrates an understanding of the requirement and its ability to successfully perform the requirements of provisions B1.08 Supplies to be Furnished and C800 Statement of Work. The Government’s evaluation will focus on any weaknesses and/or deficiencies associated with an offeror’s proposed approach and include an assessment of the potential for disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

(iii) Small Business Participation. The Small Business Participation factor will be evaluated based on the information submitted by offerors in regards to whether or not their proposals demonstrate a commitment to small businesses. Offerors will also be evaluated on their history in complying with requirements of the clauses at FAR 52.219-8, Utilization of Small Business Concerns, and 52.219-9, Small Business Subcontracting Plan.

(iv) Price. Price evaluations will be conducted by comparing each offeror’s proposed price received in response to the solicitation. Each offeror’s price, in conjunction with the non-price

SPE60420R0400 A0001 Page 3 of 30 related factors (Past Performance, Technical Capability/Risk, and Small Business Participation), will be the basis for the Government’s overall best value award decision. Each offered price will be evaluated to determine if it is fair and reasonable in accordance with FAR Part 15, to include evaluating price reasonableness.

Past Performance is the most important non-price evaluation factor and the Small Business Participation is the least important non-price evaluation factor. Combined Technical Capability/Risk is not as important as Past Performance, but is significantly more important than Small Business Participation.

When combined, all three of these non-price evaluation factors are weighted approximately equal to Price.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Offerors’ proposal must include a completed copy of FAR 52.212-3/I OFFEROR

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (OCT 2018) –

ALTERNATE I (OCT 2014).

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(ELECTRICITY) (TAILORED) (DLA ENERGY) (OCT 2018)

NOTE: IN ACCORDANCE WITH FAR SECTION 12.302, INSTRUCTIONS HAVE BEEN

TAILORED TO BE MORE CONSISTENT WITH COMMERCIAL PRACTICE. 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, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or transmission failure. An excusable delay or similar event suffered by, or caused by an independent service operator (ERCOT) (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 give written 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 except for the pass-through requirements expressed in Section B, Clause B1.08 (e).

(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

SPE60420R0400 A0001 Page 4 of 30 computation was later changed during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax, income tax, or other employment taxes. The contract price shall be increased by the amount of any after-imposed Federal, State or local tax, provided the Contractor warrants, in writing, that no amount for such newly imposed Federal, State, or local excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

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

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE

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

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

(i) Firm Fixed Price:

A = ∑ (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).

(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 sum of (i) the average of on and off-peak prices at the 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.

SPE60420R0400 A0001 Page 5 of 30

(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.

(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 2019)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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).

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

3509)).

SPE60420R0400 A0001 Page 6 of 30

__ (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 2018) (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 (Oct 2018) (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 (Oct 2018) (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)) __ (ii) Alternate I (Nov 2016) of 52.219-9.

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

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) 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-Subcontracting 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. 657f).

_X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

SPE60420R0400 A0001 Page 7 of 30

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C.

637(m)).

_X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

_X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

SPE60420R0400 A0001 Page 8 of 30

_X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_X (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

SPE60420R0400 A0001 Page 9 of 30

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

3509).

SPE60420R0400 A0001 Page 10 of 30

(ii) 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)).

(iii) 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

SPE60420R0400 A0001 Page 11 of 30

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

THE FOLLOWING ADDITIONAL PROVISIONS HAVE BEEN DETERMINED BY THE

CONTRACTING OFFICER TO BE NECESSARY FOR THIS ACQUISITION AND

CONSISTENT WITH CUSTOMARY PRACTICE:

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 service 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) Acronyms used throughout this solicitation/contract are as follow: kilowatt (kW), kilowatt-hour (kWh), Utility Distribution Company (UDC), Transmission/ Distribution Service Provider (TDSP), Retail Electric Provider (REP), North American Electric Reliability Corporation (NERC), and Electric Service Identifier (ESID). 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:

TABLE 1 – UTILITY/REGION:

Applicable NERC Region: Texas Reliability Entity Public Utility Commission: Public Utility Commission of Texas (PUCT) Utility Service Area Centerpoint RTO/ISO: Electric Reliability Council of Texas (ERCOT)

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

TABLE 2 – SUPPLIES TO BE FURNISHED:

CLIN

Location / Installation Name

Number of Accounts

Estimated Quantity

(kWh)

Spreadsheet Name

0001 Strategic Petroleum Reserve – Bryan Mound 2 28,182,000 Attachment I –

Installation Data Sheet 0002 Holdover (See I821 Holdover Contract Line Item)

TOTAL ESTIMATED QUANTITY 28,182,000

(d) The Government is soliciting offers for a 34-month delivery period (from meter read date occurring in March 2020 through meter read date occurring in January 2023). Specifics for each line item are provided with each individual Installation Data Sheet. The information includes: (1) Line Item

SPE60420R0400 A0001 Page 12 of 30

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.

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 basis for electricity. Prices shall include the following charges: All retail supply costs to the Service Point as defined in C800, Paragraph (h) (to include energy, nodal congestion, nodal ancillaries (including Reliability Unit Commitment (RUC), and Independent System Operator (ISO) / Regional Transmission Organization (RTO) fees). The charges not included in the offered unit price are: Gross Receipts Tax (GRT), PUCT (if applicable), and Transmission Distribution Service Provider (TDSP) charges (if applicable). All charges not included in the offered unit price shall be invoices as a direct pass-through with no additional markup and identified individually as separate line items in accordance with C800, Subparagraph (b)(7) Pass-Through Charges.

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

NOTE 1: Offerors may submit prices based on the Requirements clause (Load Following) and/or in accordance with the Bandwidth clause contained in this solicitation. Both will be evaluated on an equal basis. However in the event of a drawdown, during that time period only, suppliers who offer full requirements have the option to charge the excess in accordance with paragraph (c) of the Bandwidth Clause.

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

2012)

(a) STATEMENT OF WORK. The Contractor shall supply electricity and any ancillary services required to deliver electricity to the point of delivery and for the scheduling and coordination of the delivery of electricity to the service point for each account under the contract. All quantities ordered by the Government shall be considered firm and guaranteed for delivery by the Contractor to the delivery point, and for scheduling and coordinating, for ultimate delivery to the service point for each account. Charges incurred as a result of the Contractor's failure to abide by the terms of the applicable Retail Access rules and/or the UDC Service Agreement shall be the responsibility of the Contractor.

With the exception of any and all transmission and distribution related charges payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor's failure to perform in accordance with the contract), the Contractor is responsible for all costs associated with deliveries to the delivery point and the scheduling and coordination for delivery of electricity to the service point for each account under the contract. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the non-delivery of the firm requirements in accordance with paragraphs (f) and (m) of the FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause.

NOTE: The following is supplemental to paragraph (a) Statement of Work:

1. Prices should include all competitive retail charges anticipated to be in effect during the delivery period for the exception of Pass-Through Charges (see Section B, B1.08 (e).

2. Prices shall be based on the established “Projection Data” listed in the Installation Data Sheet. Projection Data is defined as the values represented in the Installation Data Sheet as http://www.fbo.gov/

SPE60420R0400 A0001 Page 13 of 30 amended at time of contract award.

3. In the event of a Reserve Drawdown the Contractor will be required to supply up to 24 MW of energy. All energy consumption outside the established energy bandwidth resulting from a Reserve Drawdown will be subject to I801.01 Pricing for Quantities Outside Established Load Bandwidth (Adder to the Weighted Average Market Price).

4. In the event of a Reserve Drawdown, the Government will notify the Contractor as soon as an alert level is set (anticipated to be within hours of the notification). There are 3 alert levels. Alert level one means that, due to world events, there is a chance the Strategic Petroleum Reserve may go into a drawdown sometime in the future. This can last for days, or sometimes months, and result in either the cancellation of the alert or a move to the next level. In addition, the Government also notifies terminals, pipelines and other customers, partners, and contractors. Alert level two means that the situation has worsened and there is a greater likelihood that the Strategic Petroleum Reserve may go into a Reserve Drawdown.

This level can also be either long or short in duration and, in the event of an emergency, even skipped. The Contractor and other relevant entities will again be notified following a move to alert level two.

Alert level three means that the President has directed a Reserve Drawdown to occur. The

Government will immediately notify the Contractor and subsequent discussions may take place as additional details become available. The normal process is designed to take 13 days from when the President directs the Strategic Petroleum Reserve to drawdown until the first oil is moved from a given site. In some cases deliveries will not occur for over a month, though early deliveries may be requested in others. Early deliveries of petroleum can only occur after a solicitation is posted, contractors are given time to develop their bids, bids are received, and awards are made. This will typically take at least several days. During the last drawdown, the Strategic Petroleum Reserve was directed on 23 June, 2011 to drawdown in the month of August, though some early deliveries occurred in the second half of July.

5. In the past few years, the Department of Energy has operated a degas plant at the Bryan

Mound site. This operation consumed significant power during its operations. This activity ended in March 2011. The plant is now idle and will remain so until it is moved to another location.

The Strategic Petroleum Reserve conducted its 3rd Presidential ordered emergency drawdown in its 35 year history from mid-July 2011 through the beginning of August 2011.

July 2011 and August 2011 usage is indicative of what another drawdown might use.

Immediately after the 2011 drawdown, the Bryan Mound site began mini leaching operations by injecting water into the below ground salt caverns to dissolve the salt and expand the size of the cavern(s). This mini leach operation was conducted at 24 thousand barrels per day (24 MBD). At this time, the exact future leach rate is not known but it will be between 23 MBD and the maximum possible of 100 MBD. Projection Data incorporates an estimated 50 MBD leach rate.

SPE60420R0400 A0001 Page 14 of 30

6. The Strategic Petroleum Reserve conducted its 2nd planned test sale to assess the readiness of operations. This was the first test sale since 1990 which was planned for months and occurred in March 2014 with completion in July 2014. Oil was purchased in 2015 to replenish inventory sold during the test sale in 2014. There are no future projected test sales scheduled.

7. The Strategic Petroleum Reserves does conduct non-emergency sales as authorized by Congress during economic concerns to raise revenue. There were three non-emergency sales conducted in 1996. Currently, there is a possibility that the Strategic Petroleum Reserve will conduct a non-emergency sale during 2018 to 2025 due to economic concerns.

5. Drawdown and sale, or exchange of petroleum products from the Strategic Petroleum Reserve are carried out pursuant to the authorities set forth in 42 USC 6241. Parameters that effect future billing(s) shall be suspended during authorized drawdown(s) or exchange(s).

(b) INVOICE AND PAYMENT. The Government will utilize Consolidated Retail Electric Provider (REP) Billing for all Firm Fixed Price accounts awarded as a result of this solicitation. All invoicing shall be based on metered quantities at the service point for each account. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with Consolidated UDC Billing shall be the responsibility of the Contractor and shall be included as part of the offered price. All invoicing shall be based on metered quantities at the service point for each account.

All costs associated with billing shall be included in the offered price. The Government will not pay any additional charges for billing services. The contractor shall provide a single bill for all accounts 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/TDSP arrangements and shall conform to all PUCT requirements for REP Consolidated Billing. 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 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 (broken down by Peak, Off- Peak, Semi-Peak if applicable).

(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 (broken down by Peak, Off- Peak, 4CP peak, 4NCP, Semi-Peak if applicable). The demand information shall also include date and

SPE60420R0400 A0001 Page 15 of 30 time of occurrence.

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

(7) Pass-Through Charges: UDC/TDSP, PUCT and GRT charges shall be CLEARLY broken out in detail for each account number and ESID in a manner consistent with REP/UDC/TDSP arrangements and PUCT requirements. The UDC/TDSP, PUCT, and GRT 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.aspx. Standard UDC/TDSP, PUCT, and GRT tariff titles of each rate shall be used.

The following shall be provided, per element, with each UDC/TDSP charge:

a. Usage

b. Rate

c. Charge

Each element shall appear on the…