SPE60420R0408_0007.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

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

6. ISSUED BY CODE 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

SPE60420R0408

X

2020 JUN 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)

2020 OCT 23

3. EFFECTIVE DATE

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:

CONTINUED ON NEXT PAGE

PAGE 2 OF 43 PAGES

SPE60420R0408 - 0007

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

2. B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY JAN 2012) is hereby amended as follows:

a. Paragraph (c), CLIN 0027 JBMDL

i. Deleting the following three JCPL accounts:

200000056503 STREET LITES

100031042060 BLDG 5133, WRIGHTSTOWN RD

100099880096 BLDG 3550, GETTYSBURG AVE

ii. Updating account number for the following 1 JCPL accounts.

100084278785 BLDG 2501, JULIUSTOWN RD

iii. The number of accounts for CLIN 0027 decreased by 3, from 153 to 150 accounts.

iv. Estimated Quantity (kWh) for CLIN 0027 JBMDL has decreased by 2,440,416 kWh, from 103,363,046 kWh to

100,922,630 kWh.

b. Paragraph (c), As a result of the changes identified in Items 1a above:

i. The Total number of accounts of the Solicitation has decreased by 3 from 646 to 643 accounts.

ii. The Total Estimated Quantity (kWh) of the Solicitation has decreased by 2,440,416 kWh, from

4,884,750,114 kWh to 4,882,309,698 kWh.

SECTION J - LIST OF ATTACHMENTS

5. Attachment I - PJM_2020 IDS_0007 Installation Data Sheet is hereby amended to:

a. Reflect the changes identified in Items 1a,& 1b above.

b. Update the following 1 JCPL account number:

From 100084278793 to 100084278785

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 43 PAGES

SPE60420R0408 - 0007

SECTION J - LIST OF ATTACHMENTS

List of Attachments

File Name Description

ATTACH_IDS

ATTACH_Continuation_Pa ges

SPE60420R0408_0007

PJM 2020 Page 4 of 43

Part I – The Schedule

SECTION A – SOLICITATION / CONTRACT FORM

Continuation of SF 1449, Block 8 Note: QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED IN WRITING

VIA E-MAIL TO DLAENERGY.ETEAM@DLA.MIL NO LATER THAN JUNE 22, 2020.

Note: Prospective offerors are encouraged to review Federal Acquisition Regulation 15.208 regarding timely submission of offers. Specifically, please be aware that it is the offeror’s responsibility to ensure that their offer is actually received at the designated Government office prior to the solicitation closing.

Submission of offers by electronic commerce (e.g. e-mail or fax) is governed by FAR 15.208(b)(1)(i). If an offeror electronically submits its offer on the day the solicitation closes, then timeliness will be determined based on whether or not the offer was actually received prior to closing. In that situation, the offeror will bear the risk of any delay in the transmission of their offer (e.g. offeror clicked “send” prior to the closing of the solicitation, but the e-mail did not arrive until after the time for closing), and offers not actually received prior to closing will be late. However, pursuant to FAR 15.208(b)(1)(i), if an offeror utilizes a means of electronic commerce to send their offer and transmits it not later than 5:00 p.m. ONE DAY PRIOR to the time for closing (and can prove that they have done so), then the offeror will be protected from such unexpected transmission delays and its offer will be considered timely.

*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.

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

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

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 utility service area, public utility commission, the applicable NERC region, and those NERC Regions that border the applicable NERC Region.

Applicable Regional Transmission Organization: PJM

Public Utility Commission (PUC): Public Service Commission of the District of Columbia Maryland Public Service Commission mailto:DLAENERGY.ETEAM@DLA.MIL

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State of New Jersey Board of Public Utilities Pennsylvania Public Utility Commission Public Utility Commission of Ohio

Utility Service Region:

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

CLIN Installation Number of Accounts

Estimated Quantity (kWh)

Spreadsheet Name

0001 99th Army Reserve PA 51 21,878,718

Attachment I –

PJM)2020

IDS_0007.xlsx

0002 Bettis Atomic Power Laboratory 2 93,782,233 0003 Carlisle Barracks 2 47,246,800 0004 DLA Susquehanna 2 81,375,076 0005 Tobyhanna 1 141,452,000 0006 Joint Base Henderson-Hall-McNair 2 38,120,888 0007 US National Arboretum 8 3,189,440 0008 Marine Barracks Washington 3 15,472,788 0009 Naval Research Lab (DC) 1 232,744,282

0010 DIA (DC) 1 72,911,346

0011 National Agricultural Library 1 10,369,950 0012 National Institutes of Health 7 47,174,678 0013 Fort Detrick 5 385,535,060 0014 Fort Detrick - Forrest Glen 3 2,346,638 0015 VA MD Healthcare 1 45,511,970 0016 Loch Raven 6 6,941,830

0017 NRL (MD) 1 16,319,878

0018 Johns Hopkins Applied Physics Laboratory 20 17,359,816

0019 CSSG 1 19,084,672

0020 DIA (MD) 1 8,146,780

0021 Army Corps of Engineers 24 257,407,812 0022 Maryland Procurement Office 25 1,240,454,952

BG&E Baltimore Gas and Electric ComEd Commonwealth Edison JCP&L PECO Philadelphia Electric Power Company PEPCO PEPCO Potomac Electric Power Company PPL Pennsylvania Power and Light PE Potomac Edison Met-Ed Metropolitan Edison Company Penelec Pennsylvania Electric Company Penn Power Pennsylvania Power Company West Penn Power West Penn Power Company Duquesne Light Delmarva ACE Atlantic City Electric PSE&G Public Service Enterprise Group The Illuminating Co.

DPL Dayton Power & Light

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0023 DISA 1 70,724,986

0024 Fort Meade 285 198,861,284 0025 99th Army Reserve Maryland 10 6,789,976

0026 Catoctin 4 22,127,778

0027 JBMDL 153 150 103,363,046

100,922,630

0028 99th Army Reserve New Jersey 7 4,008,066

0029 PPPL 2 40,815,554

0030 NJ IDA 1 13,600,568

0031 DLA Columbus 1 115,031,520

0032 Wright Patterson Air Force Base 4 836,104,402

0033 JSMC Lima 1 76,453,600

0034 Argonne National Laboratory (On-Peak) Argonne National Laboratory (Off-Peak)

1 233,283,480* 353,820,189*

0035 99th Army Reserve PA – Duquesne 5 3,484,576

0036 99th Army Reserve PA – UGI 3 1,463,482

TOTAL 646 643 4,884,750,114

4,882,309,698

*On and Off Peak usage found in Argonne Requirements Attachment

(d) The Government is soliciting offers for a 24-month delivery period (from the meter read date occurring in the month of December 2020 through the meter read date occurring in the month of December 2022). 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) Current Tariff Rate, (5) Utility Account Number; (6) Contract Performance Period, (7) Monthly Consumption and Demand Data; and (8) Interval Data.

Note: CLIN 0032 – Wright Patterson Air Force Base, DPL Account 0000066000 has an anticipated meter read date of December 31, 2020. Under no circumstances shall supply to this account commence prior to December 2020.

Please use the following link to access the information: https://beta.sam.gov/

(e) The Government is soliciting offers for Firm Fixed Price, Requirements Type contract(s) for CLINs 0001 through 00028 and 0030 through 0036; and Fixed-Price Requirements Type contract utilizing Locational Marginal Price (LMP) basis electricity for CLIN 0029 PPPL. Prices shall include the following charges:

Firm-Fixed-Price: energy, ancillary services, Auction Revenue Rights (ARR), PJM transmission losses, UDC losses, all costs attributed to meeting state Renewable Portfolio Standards (RPS), FERC Order 745, and independent system operator/regional transmission organization fees (all retail supply costs) to the service point as specified in this solicitation. Balancing Congestion Charges and existing Reserve Market Charges (and credits) shall be considered part of ancillary services and shall be included in the Firm Fixed Prices for all CLINs. See Note 2 below concerning CLIN 0034 Argonne National Laboratory.

Fixed-Price utilizing LMP: see B802

The charges not included in the offered unit price are:

Firm-Fixed-Price: Transmission (including NITS, TEC, RTEP, and Transmission

Enhancement Settlement [EL05-121-009] Charges [PJM Billing Line Item Number 1115]), Reliability Must Run (RMR), and Transmissions Loss Credits shall be handled as a direct pass-through with no additional markup to the Government. See Note 1 below concerning NITS, TEC, RTEP, Capacity, and Reserve Market Costs. See Note 2 concerning CLIN 0034 Argonne National Laboratory.

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Fixed-Price utilizing LMP: see B802 Note 1:

Network Integrated Transmission Service (NITS) shall be based on the account’s Network Transmission Service Obligation and be a direct pass-through to the Government.

PJM’s Transmission Enhancement Charge (TEC) Billing Line Item 1108, Transmission Enhancement Credits Billing Line Item 2108, and Regional Transmission Expansion Planning Process (RTEP) charges shall be treated as a direct pass-through to the Government.

Capacity Costs – The cost to secure capacity to comply with PJM capacity requirements shall be passed through to the Government. The price of capacity charged to the Government shall not exceed the product of the Contractor’s Daily Unforced Capacity Obligation and the PJM Zonal Capacity Price net of the Capacity Transfer Rights Credit. The Daily Unforced Capacity Obligation is equal to the Obligation Peak load multiplied by the Final Zonal Reliability Pricing Model (RPM) Scaling Factor times the Forecast Pool Requirement, as those terms are defined by PJM, for the relevant time period and zone in which the account is located.

Reserve Market Costs – Existing reserve market (Synchronized Reserve, Non-Synchronized Reserve, and Day-Ahead Scheduling Reserve) charges and credits shall be included in the Firm-Fixed-Price. PJM currently plans to replace these existing reserve markets with new reserve markets (Day-ahead Synchronized Reserve, Real-time Synchronized Reserve, Day-ahead Non-Synchronized Reserve, Real-time Non- Synchronized Reserve, Day-ahead Secondary Reserve, and Real-time Secondary Reserve) on May 1, 2022. If and when PJM begins administering these new reserve markets, all PJM charges and credits associated with these new reserve markets will be a direct pass-through to the Government in accordance with I820 Electricity Regulatory Changes, Paragraph (b) After-imposed (ISO/RTO/PUC) Charges. Changes to LMP prices as a result of the restructuring of the PJM Reserve Market shall not form the basis for any “After- Relieved” or “Modified” charges under I820 electricity Regulatory Changes.

Note 2: For Argonne National Laboratory (ANL) – Contractor shall review Attachment IV - Argonne Requirements and Schedule Sheet for the price requirements for ANL. Contractor shall provide separate Firm-Fixed Prices for Peak Hours and Off-Peak Hours. The Fixed Energy prices are to be based on ComEd peak and off-peak periods and must include ALL PJM ancillary services and ISO related costs not identified in the pass-through components.

Defined peak and off-peak hours are based on ComEd’s definition of Retail Peak Period and Retail Off-Peak Period in its terms and conditions. Retail Peak Period is defined as 9 AM to 10 PM, Monday through Friday, except on days designated as holidays by the NERC. Retail Off-Peak Period is defined as all hours other than those included in the Retail Peak Period. These definitions will remain in effect during the term of this contract.

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

Formula:

Argonne Network PLC x Annual NITS ÷ 366 Days = Daily Price

Current Cost: 51.667 MW x $33,116.34 per MW per year ÷ 366 = $4,674.92 per day

PJM NITS subject to change each June 1 and Argonne’s PLC subject to change each January 1. Monthly costs should be prorated when costs change during a mid-month billing cycle.

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

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

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

PJM 2020 Page 8 of 43 based on Argonne’s Capacity PLC. Daily charge will be assessed during monthly billing period based on the PJM Locational Reliability Charge and Argonne’s Capacity PLC assigned by ComEd.

Formula:

Current Argonne’s Capacity PLC MW 35.10 MW Zonal Scaling Factor Adjustment x 1.1404 FPR Pool Requirement Adjustment x 1.0895 Adjusted Capacity MW: = 43.61 MW

June 1, 2019 PJM Auction Price : $192.56 per MW day Current Daily Capacity Cost: = $8,397.65 per day All other capacity related costs must be included in the Fixed Energy Price.

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

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

4. Direct Pass-Through Reliability Must Run and FERC Order 745: Direct pass-through of these charges.

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

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

B802 LOCATIONAL MARGINAL PRICE (Electricity) (DLA ENERGY JAN 2009) NOTE: This section applies to CLIN 0029, PPPL only.

The total amount charged by the Contractor for the accounts listed in ATTACHMENT I each month shall equal the sum of the following components:

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

(b) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total metered energy consumption in that month. Payment of this fee shall compensate the Contractor for all services performed, as well as all costs incurred whose recovery is not specifically provided for by the Energy and Other Market Charges components described in this section. The Transaction Fee shall include all current and future costs attributed to meeting state Renewable Portfolio Standards (RPS), Unaccounted for Energy (UFE), FERC Order 745, and the cost of all PJM ancillary services.

Existing RPS is inclusive of normal annual increases in state RPS requirements that are already established under current law. Future changes in RPS requirements specifically as a result of a change in law, enacted after the contract award date, shall be treated as a pass-through. The price of the fixed fee shall remain constant throughout the term.

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

(1) OTHER MARKET CHARGES APPLICABLE

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(i) CAPACITY. Capacity charges shall be treated as a direct pass-through to the Government. For each day of the month, the Government shall pay the Contractor the product of the capacity price and the account’s Capacity Obligation. The capacity price is the PJM zonal capacity price, expressed in dollars per megawatt-day. The account’s Capacity Obligation is defined as the Obligation Peak Load for the account times the Final Zonal Reliability Pricing Model (RPM) Scaling Factor times the Forecast Pool Requirement, as those terms are defined by PJM, for the relevant time period and zone in which the account is located.

(ii) TRANSMISSION. Network Integrated Transmission Service (NITS) shall be based on the account’s Network Transmission Service Obligation and be a direct pass-through to the Government.

PJM’s Transmission Enhancement Charge (TEC) Billing Line Item 1108, Transmission Enhancement Credits Billing Line Item 2108, Transmission Enhancement Settlement (EL05-121-009) Charges (PJM Billing Line Item Number 1115), and Regional Transmission Expansion Planning Process (RTEP) charges shall be treated as a direct pass-through to the Government.

(iii) TRANSMISSION AND DISTRIBUTION LOSSES. The Contractor shall refund to (or charge) the PJM marginal loss credit. NOTE: For purposes of calculating energy charges, applicable transmission and distribution losses are a pass through. Contractor shall use the utility-defined line loss factor applicable to the respective rate class(s) for each individual account(s), as set forth in the state-approved distribution tariff of the applicable utility for each account.

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

(v) AUCTION REVENUE RIGHTS (ARRS) shall be passed through to the Government.

(vi) RESERVE MARKET COSTS – Existing reserve market (Synchronized Reserve, Non- Synchronized Reserve, and Day-Ahead Scheduling Reserve) charges and credits will be a direct pass-through to the Government. PJM currently plans to replace these existing reserve markets with new reserve markets (Day-ahead Synchronized Reserve, Real-time Synchronized Reserve, Day-ahead Non-Synchronized Reserve, Real-time Non-Synchronized Reserve, Day-ahead Secondary Reserve, and Real-time Secondary Reserve) on May 1, 2022. If and when PJM begins administering these new reserve markets, all PJM charges and credits associated with these new reserve markets will be a direct pass-through to the Government.

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

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

NOTE: Applicable to CLIN 0029 Princeton Plasma Physics Laboratory only.

(a) At any time during contract performance, the Government and the Contractor can mutually agree to convert any locational marginal price-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. Electricity provided by the Contractor shall be priced in accordance with the ELECTRICITY ORDERING PROCEDURES contract text.

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

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

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

(b) INVOICE AND PAYMENT. FAR 52.212-4 (g) is incorporated by reference as it is a mandatory commercial clause. However, 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 52.215-8 Order of Precedence, the Government’s explicit invoice and payment instructions in C800 supersedes FAR 52.212-4(g).

The Government will utilize/allow Consolidated UDC Billing for CLINS 0001, 0003, 0010, 0012-0014, 0016, 0019, 0025, 0028, 0031, and 0036. The contractor must submit all invoice information to the appropriate UDC under the terms of the applicable Retail Access Rule, in accordance with terms of its UDC Service Agreement.

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.

The Government will utilize/allow Dual Billing for CLINs 0002, 0004-0009, 0011, 0015, 0017, 0018, 0020-0024, 0026, 0027, 0029, 0030, 0032 – 0035. CLIN 0027 requires Dual Billing with Provider Consolidated Invoicing. All invoicing shall be based on meter 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 billing shall be the responsibility of the Contractor and shall be included as part of the offered price. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual 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 for Dual Billed accounts, if available from the UDC:

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

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

(3) Billing period for each account.

(4) Total consumption for each account (broken down by Peak, Off-Peak, Semi-Peak, if available).

(5) Total Energy Charge (broken down by energy charges and demand charges, if available).

(6) Charges for services broken out in detail for each account in a manner consistent with the terms and conditions of the contract and the applicable PUC requirements.

(7) All information required by the applicable PUC to be included on customer invoice.

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(8) If customer questions information on an invoice, supporting documentation is required before payment will be made.

(9) If a supplier 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 supplier, the supplier may issue a bill based on an estimated reading for the affected account. The supplier 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 supplier to obtain the meter read data. For estimated billing purposes, the supplier 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 is received by then.

(10) Supplier coordination with the local utility will be necessary to ensure that these customers receive identical billing data from both the supplier and the local utility (i.e. commodity and wire charges must be based on the utility’s billing cycle).

(11) Applicable to Line Item 0033 Argonne National Laboratory Only: All information listed in Attachment IV – Argonne Requirements and Schedule Sheet, Appendix I - Expected Invoice Format

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

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

The invoice shall also include the Supplier’s information such as logo, address, point of contact (name and phone number), and wiring information (DUNS/CAGE includes).

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

In its May 18, 2012 Order in Docket No. ER12-306-000, the Federal Energy Regulatory Commission (FERC) accepted revisions to Attachment H-2A of the PJM Open Access Transmission Tariff (PJM OATT) to reflect a dedicated facilities charge applicable to the Dedicated Facilities Project. Any agreement entered into between MPO and a LSE for service to the NSAW's Ft. Meade, Maryland campus shall include a requirement that the LSE comply with the terms and conditions of the PJM (PJM Large SPE600-16-R-0413 Page 9 of 54) OATT and pay all applicable PJM tariff charges approved by the FERC, including, but not limited to, all charges related to the Dedicated Facilities Project and the abandonment of the Dedicated Facilities Project, and a requirement to execute any agreements with PJM or other third-parties, including, but not limited to, BGE, that may be necessary to effectuate these obligations.

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

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

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

www.nsa.gov/business/programs/electronic_invoicing.shtml.. Access to the electronic invoicing website requires an External Certificate Authority/Interim External Certificate Authority (ECA/IECA) PKI http://www.nsa.gov/business/programs/electronic_invoicing.shtml http://www.nsa.gov/business/programs/electronic_invoicing.shtml

PJM 2020 Page 12 of 43 certificate. Information on purchasing an ECA/IECA PKI certificate is available on the internet at:

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

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

NOTE: As referenced herein, Customer account information shall be safeguarded in accordance with DFARS 252.204-7012.

(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 system and where applicable, Contractor will schedule to the Residual Aggregate point of delivery.

(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.

SECTION D – PACKAGING AND MARKING

Not Applicable http://iase.disa.mil/pki/eca/index.html

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SECTION E – INSPECTION AND ACCEPTANCE

The offeror shall comply with FAR 52.212-4 Contract Terms and Conditions – Commercial Items, Paragraph (a) 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. 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) (OCT 2018)

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 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

PJM 2020 Page 14 of 43 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

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 the average of on and off peak prices at

PJM zone where the installation is located 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.

PJM 2020 Page 15 of 43

Note: The termination value formula above shall only apply to electricity or capacity purchased on a fixed price basis. The Government shall incur no termination liability for electricity purchased on a locational marginal pricing basis, or capacity on a pass-through basis.

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

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

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

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

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (OCT 2020)

(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 2020) (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. 3805note)).

(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 (June 2020), 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 (Jun 2020) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 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 (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim

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(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. (Jun 2020) (31 U.S.C. 6101note).

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 (Mar 2020) (15 U.S.C.657a).

(ii) Alternate I (Mar 2020) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved]

(14) (i) 52.