0409A0001 - Solicitation.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

SPE60420R0409

X

2020 AUG 11

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 AUG 18

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.

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SPE60420R0409 - 0001

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

1. B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY JAN 2012), Section B, Table: 1 Supplies to be furnished is hereby amended as follows:

a. CLIN 0010 JRB Navy Reserves shall now be referred to as NAS JRB Fort Worth (NAS JRB).

b. CLIN 0011 Navy Reserves shall now be referred to as Navy Reserve - Fort Worth & Harlingen.

c. CLIN 0001 Army/Air Force Exchange Service (AAFES), Type of Electricity is hereby changed from FFP to Block/

RTSPP.

d. CLINs 0008 NAS Kingsville, 0010 NAS JRB, and 0012 NAS Corpus Christi; Type of Electricity is hereby changed from Block/RTSPP to RTSPP.

e. As a result of the changes identified in Items 9a and 9b below:

(i) The total number of accounts for CLIN 0007 Customs Border Patrol (CBP) is hereby increased by 2 accounts, from 305 accounts to 307 accounts.

(ii) The Total Estimated Quantity of CLIN 0007 CBP is hereby increased by 71,712 kWh, from 81,819,221 kWh to 81,890,933 kWh.

f. As a result of the changes indentified in item 1e above:

(i) The total number of accounts for the solicitation is hereby increased by 2 accounts, from 505 accounts to 507 accounts.

(ii) The Total Estimated Quantity of this solicitation is hereby increased by 71,712 kWh, from 81,819,221 kWh to 81,890,933 kWh.

(iii) Be advised that the initial solicitation incorrectly identified the total number of accounts for the solicitation as 502 accounts instead of the correct value of 505 accounts.

2. B19.47 FIXED-PRICE BLOCKS (ELECTRICITY)(DLA ENERGY) (AUG 2020) is hereby amended as follows:

a. This clause is hereby applicable only to CLIN 0001 AAFES and CLIN 0015 NASA JSC ESIDs 1008901000183000017100, 1008901000181570011100, 1008901023813685220103, and 1008901023809429370100. This clause is no longer applicable to CLINs 0008, 0010, and 0012.

b. All references to 'CLINs 0008, 0010, and 0012' are hereby replaced with 'CLIN 0001'.

c. All references to Attachments VII, IX, X, XI, XII, and XIII are hereby removed from this clause.

3. B802 REAL TIME SETTLEMENT POINT PRICE (ELECTRICITY (DLA ENERGY JAN 2009) is hereby applicable only to CLIN 0002 Dyess AFB, CLIN 0008 Naval Air Station Kingsville, CLIN 0009 Naval Air Station Kingsville Nueces, CLIN 0010 Naval Air Station – JRB Fort Worth, CLIN 0011 Navy Reserves, and CLIN 0012 Naval Air Station Corpus Christi.

4. B806 CONTRACT PRICE CONVERSION (ELECTRICITY) (DLA ENERGY JAN 2012) is hereby applicable only to CLIN 0002 Dyess AFB, CLIN 0008 Naval Air Station Kingsville, CLIN 0009 Naval Air Station Kingsville Nueces, CLIN 0010 Naval Air Station – JRB Fort Worth, CLIN 0011 Navy Reserves, and CLIN 0012 Naval Air Station Corpus Christi.

SECTION C - STATEMENT OF WORK/SPECIFICATIONS

5. C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY)(DLA ENERGY)(JAN 2012)CONTRACT CLAUSES, Paragraph (b) is hereby amended to revise the note concerning CLINs 0008, 0009, 0010, 0011, and 0012 which shall read as follows:

** CLINs 0008, 0009, 0010, 0011, and 0012: Invoices shall include the Service Point ID (SPID) as identified in Attachment V – Navy Service Point ID (SPID) List. 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 Excel. The Contractor shall provide 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.

SECTION I - CONTRACT CLAUSES

6. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUL 2020) is hereby removed from the solicitation and replaced with FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLETMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (AUG 2020).

7. I801.01 ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD BANDWIDTH (ADDER TO THE WEIGHTED AVERAGE MARKET PRICE) (DLA ENERGY OCT 2010) is hereby NOT applicable to CLIN 0001, CLIN 0002, CLIN 0008, CLIN 0009, CLIN 0010, CLIN 0011, CLIN 0012, and CLIN 0015 NASA JSC ESIDs 1008901000183000017100, 1008901000181570011100, 1008901023813685220103, and 1008901023809429370100; bandwidth calculations shall be on an installation basis for all remaining CLINs.

8. I820 ELECTRICITY REGULATORY CHANGES (DLA ENERGY dECEMBER 2014) is hereby amended to add the following Note:

NOTE: ISO/RTO/PUC is defined to include the applicable Independent System Operator, Regional Transmission Operator, Public Utility Commission, or any Governmental or regulatory entity with the authority to impose charges to which an account supplied under this contract is subject.

SECTION J - LIST OF ATTACHMENTS

9. Attachment I - Installation Data Sheet is hereby amended as follows:

a. The following ESID numbers are hereby added to CLIN 0007 Customs and Border Patrol (CBP):

10032789465814500 34198 River Drive, La Feria TX 78559 10032789448484703 23498 US Highway 281, San Benito TX 78586 10032789470704395 3944 S. Oklahoma Avenue, Brownsville TX 78520

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SPE60420R0409 - 0001

b. The following ESID number is hereby removed from CLIN 0007 Customs and Border Patrol (CBP):

10032789462951935 108 S ZAPATA HWY, LAREDO TX 78043

c. To reflect the changes identified in Item 1 above.

d. CLIN 0010 has been renamed from JRB NAVY RESERVES to NAS JRB Fort Worth

e. CLIN 0011 has been renamed from NAVY RESERVE to NAVY RESERVE - FORT WORTH & HARLINGEN

10. Section J is hereby amended to reflect the appropriate titles of Attachments VI and VII to read as 'NASA JSC Block Schedule' and 'NASA JSC Pricing Sheet', respectively.

11. Attachment VIII - NAS Kingsville Block Schedule is hereby replaced by Attachment VIII - AAFES Block Schedule.

12. Attachment IX - NAS Kingsville Pricing Sheet is hereby replaced by Attachment IX - AAFES Pricing Sheet.

13. Attachments X, XI, XII, and XIII are hereby removed from the solicitation.

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS, OR RESPONDENTS

14. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) is hereby removed from the solicitation and replaced with FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020).

SPE60420R0405 – A0001 Page 2 of 55 Texas 2021

Part I – The Schedule

SECTION A – SOLICITATION / CONTRACT FORM

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

MAIL TO DLAENERGY.ETEAM@DLA.MIL NO LATER THAN AUGUST 21, 2020.

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

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

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

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

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

The Government reserves the right not to consider any exceptions to the stated solicitation requirements received 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 mailto:DLAENERGY.ETEAM@DLA.MIL

SPE60420R0405 – A0001 Page 3 of 55 utility service area, public utility commission, the applicable NERC region, and those NERC Regions that border the applicable NERC Region.

RTO/ISO: Electric Reliability Council of Texas (ERCOT) NERC Region: Texas Reliability Entity Public Utility Commission: Public Utility Commission of Texas (PUCT) Utility Service Area: AEP Centerpoint Nueces Electric Cooperative Oncor Electric Delivery West Texas Utilities

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

Section B, Table 1: Supplies to be furnished:

CLIN

Location/

Installation Name

Total Accounts

Estimated Total

Quantity (kWh)

Type of Electricity

*TDSP

as Pass Thru

GRT,

PUCA,

RMR &

RUC in unit price

GRT &

PUCA

as Pass Thru

Spreadsheet Name

Army/Air Force

Exchange Service

(AAFES)

13 89,015,775

FFP

Block /

RTSPP

X X

Attachment

III

Installation Data Sheet

0002 Dyess Air Force Base 9 185,004,408 RTSPP X X

+RUC

0003 Army Reserves 37 60,138,342 FFP X X

0004 Fort Hood 2 88,272,540 FFP X

PUC+RUC

+RMR

ONLY

0005 NASA CSBF 15 4,092,264 FFP X X

0006 Texas Air National Guard 149th FW 3 471,537 FFP X X

0007 Customs Border Protection (CBP)

81,819,221

81,890,933 FFP X X

0008 Naval Air Station Kingsville 20 85,943,331 Block/

RTSPP X X + Line Losses

0009 Naval Air Station Kingsville Nueces 3 1,487,925 RTSPP X X

JRB Navy Reserves

NAS JRB Fort Worth

3 148,743,024 Block/ RTSPP X X + Line

Losses

Navy Reserves -

FORT WORTH &

HARLINGEN

3 3,826,704

RTSPP

X X

0012 Naval Air Station Corpus Christi 5 386,172,468 Block/

RTSPP X X + Line Losses

0013 US Department of Agriculture (USDA) 12 3,681,321 FFP X X

SPE60420R0405 – A0001 Page 4 of 55

Immigration and

Customs Enforcement (ICE)

35 21,376,215 FFP X X

0015 NASA JSC

185,531,148

FFP X X

4 Block /

RTSPP X

X +

RUC+

Line

Losses

0016 Goodfellow AFB 6 46,008,939 FFP X X

0017 Laughlin AFB 7 33,795,631 FFP X X

0018 Sheppard AFB 13 107,362,635 FFP X X

0019 Texas Air National Guard 147th 3 29,130,477 FFP

0020 Holdover (See I821) 0 RTSPP X X

TOTAL 502

1,561,873,906 1,561,945,618

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

TDSP: Transmission and Distribution Service Provider (as a Direct Pass-Thru with No Additional Mark-up) GRT: Gross Recipient Tax -ALL Ft. Hood accounts are in the North Zone and are exempt from paying GRT;

therefore offered prices for Ft. Hood shall not include GRT.

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

(d) The Government is soliciting offers for a 36-month delivery period for CLINs 0001 through 0015 and 0019 (from the meter read date occurring in the month of January 2021 through the meter read date occurring in the month of January 2024). The Government is soliciting offers for a 12-month delivery period for CLINs 0016, 0017, and 0018 (from the meter read date occurring in the month of January 2021 through the meter read date occurring in the month of January 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) ESID; (5) Contract Delivery Period, and (6) Monthly Consumption and Demand Data.

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 and Fixed– Price Requirements Type utilizing Real Time Settlement Point Pricing (RTSPP). Prices shall include the following charges:

Firm-Fixed-Price accounts: shall include transmission and distribution losses to the Service Point, and the amount of kWh billed to the Service Point should match the Service Point's metered electricity consumption for the month. All electricity shall be priced at the applicable Load Zone.

Fixed-Price accounts utilizing RTSPP: See Clauses B19.47, B802, and B806 https://beta.sam.gov/

SPE60420R0405 – A0001 Page 5 of 55

The charges not included in the offered unit price are:

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

Fixed-Price accounts utilizing RTSPP: See Clauses B19.47, B802, and B806

(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.

NOTE 1 : CLIN 0019 Holdover has specific conditions for delivery eligible under the terms listed in ‘I821 Holdover’; should this CLIN have the supply of electricity delivered under these terms, the period of delivery would be no later than April 2024 for Installations associated with CLINs 0001 through 0015 and 0019; and no later than April 2022 for CLINs 0016, 0017, and 0018.

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

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

NOTE 3: CLIN 0015 NASA JSC has a Combined Heat and Power (CHP) Plant behind ESID 1008901000183000017100 generating 11.9 MW total (2 x 5.7 MW gas turbines and a 500 Kw backpressure steam turbine), and which began full operation in June 2018. The Block volumes in Attachment VII – NASA SJC Pricing Sheet are intended to represent approximately 95% of the load for ESIDs 1008901000183000017100, 1008901000181570011100, 1008901023813685220103, 1008901023809429370100 which is not covered by the CHP. In the event of CHP failure, the immediate requirement for stand-by power would range from approximately 0.5 MW to 11.9 MW depending on what piece of equipment may have failed. Down-time for normal maintenance outages (each February and November) is accounted for in Attachment VII. Scheduled maintenance includes taking down one turbine for 17 days each February and one turbine for 17 days each November.

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

B19.47 FIXED-PRICE BLOCKS (ELECTRICITY) (DLA ENERGY)(AUG 2020)

APPLICABLE ONLY TO CLINs 0008 Naval Air Station Kingsville, CLIN 0010 JRB Navy Reserves, CLIN 0012 Naval Air Station Corpus Christi, CLIN 0001 AAFES and CLIN 0015 NASA JSC ESIDs 1008901000183000017100, 1008901000181570011100, 1008901023813685220103, and 1008901023809429370100 The total amount charged by the Contractor each month shall equal the sum of charges for:

(a) Electricity, (b) the Supply Service Fee (SSF), and (c) Other Market Charges.

SPE60420R0405 – A0001 Page 6 of 55

(a) ELECTRICITY. A portion of the electricity to be supplied under the contract shall be from blocks at firm-fixed prices in accordance with paragraph (1) below. All blocks shall be priced at the ERCOT Load Zone through which the account is served (for CLIN 0008, 0010, and 0012 0001) and the ERCOT Houston Hub (for CLIN 0015), with the remainder of the electricity requirement priced at the relevant ERCOT Load Zone RTSPP (for CLIN 0008, 0010, and 0012 0001) and the ERCOT Houston Hub RTSPP (for CLIN 0015).

(1) Firm-Fixed Price Blocks CLINs 0008, 0010, and 0012 CLIN 0001: Priced at the ERCOT Load Zone through which the account is served.

CLIN 0015: Priced at ERCOT Houston Hub

(i) For the kilowatt-hours (kWh) the Contractor supplies pursuant to Attachment(s) VI, VII, and VIII, IX, X, XI, XII, & XIII, titled “Block Purchase Schedule”, the Government shall pay the Contractor the product of a firm-fixed-price per kWh (around-the clock, on-peak, or off-peak as applicable) and the number of kWhs supplied from the block. The Government reserves the right to modify the “Block Purchase Schedule” to direct the Contractor to provide additional kWhs from firm-fixed-price blocks, without change to the Contractor’s SSF. Upon modification of the “Block Purchase Schedule,” the Contractor will propose a firm-fixed price of kWhs to be supplied from any additional block the Contractor acquires due to the modification. If the Government accepts the Contractor’s proposed price for additional kWhs, the contract will be modified to reflect that price for the additional block(s). The Government may decline the proposed if it determines the proposed price or any other aspect of the Contractor’s proposal is unsatisfactory.

(ii) All blocks shall be sized in 0.5 megawatts.

(iii) Blocks may be either all-hour (i.e., 24 hours by 7 days), on-peak period only, or off-peak period only.

(iv) If in any Settlement Period the Government’s kWh consumption is below (or above) the sum of the kWhs supplied from blocks, the Contractor shall credit (or charge) the Government for each kWh of consumption below (or above) the sum of the blocks as specified in subparagraph (2), below.

(2) Pricing for Quantities Outside Blocks of Electricity CLINs 0008, 0010, and 0012 CLIN 0001: Priced at the relevant ERCOT Load Zone

RTSPP

CLIN 0015: Priced at ERCOT Houston Hub RTSPP

(i) If, in any Settlement Period, consumption of electricity is below or above the sum of kWhs supplied from blocks, the Contractor shall charge the Government in accordance with the methodology specified in Sections (2)(ii) and (2)(iii) of this contract text, respectively.

(ii) If, in any Settlement Period, an Electricity Deficiency occurs, an Electricity Deficiency Adjustment shall be made. Electricity Deficiency means the deficit in the Government’s Actual Consumption for the Settlement Period as measured against the sum of the electricity associated with the electricity blocks for the Settlement Period, i.e., the Benchmark Quantity. Electricity Deficiency is calculated by subtracting the Actual Consumption for a Settlement Period from the Settlement Period Benchmark Quantity for that period. The Electricity Deficiency Adjustment is a credit to the Government.

Expressed as a formula, the Electricity Deficiency Adjustment is EDA = ED x RTSPP, where--

SPE60420R0405 – A0001 Page 7 of 55

EDA is the Electricity Deficiency Adjustment ED is the Electricity Deficiency RTSPP is the relevant ERCOT Load Zone RTSPP (for CLIN 0008, 0010, and 0012 CLIN 0001); or the Houston Hub RTSPP (for CLIN 0015) value as posted on ERCOT’s website.

The Electricity Deficiency Adjustment is calculated for each Settlement Period in the month in which the electricity was consumed and included on the next monthly invoice.

(iii) If, in any Settlement Period, Excess Electricity is consumed, an Excess Electricity Adjustment shall be made. Excess Electricity means the excess in the Government’s Actual Consumption for the Settlement Period as measured against the Settlement Period Benchmark Quantity.

Excess Electricity is calculated by subtracting the Settlement Period Benchmark Quantity from the Actual Consumption for the Settlement Period. The Excess Electricity Adjustment is a charge to the Government.

Expressed as a formula, the Excess Electricity Adjustment is EEA = EE x RTSPP, where-- EEA is the Excess Electricity Adjustment EE is the Excess Electricity RTSPP is the relevant ERCOT Load Zone RTSPP (for CLIN 0001); or the Houston Hub RTSPP (for CLIN 0015) value as posted on ERCOT’s website. The Excess Electricity Adjustment is calculated for each Settlement Period in the month in which the electricity was consumed and included on the next monthly invoice.

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

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

(1) Applicable only to for CLINs 0008, 0010, and 0012 CLIN 0001:

(i) UDC/TDSP Charges: Any and all transmission and distribution related changes payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor’s failure to perform in accordance with the contract) shall be a direct pass-through to the Government.

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

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

(iv) Transmission / Distribution Losses: All charges for either transmission line losses or distribution line losses shall be a direct pass-through to the Government with no additional markup.

Transmission and Distribution Line Losses are to be calculated in a manner consistent with methodologies defined by ERCOT. Losses should be applied to the net metered volume as reported by the TDSP.

(2) Applicable only to CLIN 0015:

SPE60420R0405 – A0001 Page 8 of 55

(i) UDC/TDSP Charges: Any and all transmission and distribution related charges payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor’s failure to perform in accordance with the contract) shall be a direct pass-through to the Government.

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

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

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

(v) Transmission/Distribution Losses: All charges for either transmission line losses or distribution line losses shall be a direct pass-through to the Government with no additional markup.

Transmission and Distribution Line Losses are to be calculated in a manner consistent with methodologies defined by ERCOT. Losses should be applied to the net metered volume as reported by the TDSP.

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

APPLICABLE ONLY TO CLIN 0002 Dyess AFB, CLIN 0008 Naval Air Station Kingsville, CLIN 0009 Naval Air Station Kingsville Nueces, CLIN 0010 Naval Air Station – JRB Fort Worth, and CLIN 0011 Navy Reserves – Fort Worth & Harlington, and CLIN 0012 Naval Air Station Corpus Christi.

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

(a) ENERGY. For each 15-minute interval of the month, the Government shall pay the Contractor the product of the Real Time Settlement Point Pricing (RTSPP) for the ERCOT LOAD ZONE through which the account is served and the METERED load of the account. For CLIN 0002 only, the metered load should be increased for: the current Transmission Line Losses to the same Load Zone calculated in a manner consistent with the methodologies defined by ERCOT and applicable transmission line loss factors posted by ERCOT, and distribution line losses using the current distribution line loss factors for the voltage level at which the account receives services as posted by ERCOT. There shall be no separate or additional charge for congestion.

(b) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total energy consumption in that month. Payment of this fee shall compensate the Contractor for all services performed and costs incurred, as well as all retail service charges, fees, and applicable taxes associated with supplying energy to the point of delivery, that are not specifically identified as pass-through items itemized in sections B802 (a) and (c) and Clause B1.08, Table 1. The price of the fixed fee shall remain constant throughout the contract term.

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

(1) UDC/TDSP Charges: Any and all transmission and distribution related chages payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor’s failure to perform in accordance with the contract) shall be a direct pass-through to the Government.

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

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

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(4) Transmission / Distribution Losses: All charges for either transmission line losses or distribution line losses shall be a direct pass-through to the Government with no additional markup.

Transmission and Distribution Line Losses are to be calculated in a manner consistent with methodologies defined by ERCOT. Losses should be applied to the net metered volume as reported by the TDSP.

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

– COMMERCIAL ITEMS clause of the contract.

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

APPLICABLE ONLY TO CLIN 0002 Dyess AFB, CLIN 0008 Naval Air Station Kingsville, CLIN 0009 Naval Air Station Kingsville Nueces, and CLIN 0010 Naval Air Station – JRB Fort Worth, CLIN 0011 Navy Reserves - Fort Worth & Harlington, and CLIN 0012 Naval Air Station Corpus Christi.

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

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

(c) The quantities agreed upon at the time of acceptance of the Contractor’s proposal shall be used to establish the monthly estimated quantity for purposes of the ELECTRICITY PRICING FOR QUANTITIES OUTSIDE ESTABLISHED LOAD BANDWIDTH contract provision, should actual quantities deviate from estimates. Electricity provided by the Contractor in excess of the established bandwidth shall be priced in accordance with the ELECTRICITY ORDERING PROCEDURES contract provision.

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

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

2012)

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

With the exception of any and all transmission and distribution related charges payable by the

SPE60420R0405 – A0001 Page 10 of 55

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

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

The Government will utilize Consolidated Retail Electric Provider (REP) Billing. The Government will not pay any additional charges for billing services. The contractor shall provide a single bill for all accounts at each installation serviced under any contract. The address to which said invoices shall be submitted will be provided at the time of contract award. Each invoice shall be prepared in a manner consistent with all REP/UDC arrangements and shall conform to all Public Utility Commission of Texas (PUCT) requirements for REP Consolidated Billing. Each contractor invoice shall include the following information:

(1) Installation name, Line Item, and individual account information (Account Number and ESID, Meter Number, and Service Address). The invoice shall also include the Supplier's information such as logo, address, point of contact (name and phone number), and wiring information.

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

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

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

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

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

(7) UDC/TDSP “pass through” charges for UDC/TDSP services, CLEARLY broken out in detail for each account number and ESID in a manner consistent with REP/UDC/TDSP arrangements and PUCT requirements. The UDC/TDSP charges will be based on the Transmission and Distribution Rates for investor owned utilities available at:

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

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

a. usage

b. rate

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

SPE60420R0405 – A0001 Page 11 of 55

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

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

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

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

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

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

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

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

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

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

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

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

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

** CLINs 0008, 0009, 0010, 0011, and 0012: Invoices shall include the Service Point ID (SPID) as identified in Attachment V – Navy Service Point ID (SPID) List. The Contractor shall keep records https://www.nssc.nasa.gov/vendorpayment

SPE60420R0405 – A0001 Page 12 of 55 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 Excel. The Contractor shall provide 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.

** CLIN 0015 NASA JSC: The Contractor shall provide one billing package per month containing a separate bill for each individual ESI ID number at NASA JSC (for each month or common billing period of cycle) that includes:

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

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

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

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

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

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

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

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

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

(d) SCHEDULING AND SUPPLY MANAGEMENT. It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the time period specified herein. The Contractor shall be responsible for supply management and overall coordination of production, transmission, and distribution of electrical power to the service point of each account identified in the contract. As such, the Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract. The Government will not pay any costs associated with the Contractor's failure to deliver electrical power at the delivery point sufficient to meet the demand at the service point of each account under the contract or to schedule and coordinate for the delivery of electricity to each service point.

(e) RECORD KEEPING. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Access or a spreadsheet format compatible with Microsoft Excel. These records shall be made available to DLA Energy or to any party designated by DLA Energy as authorized to request this data. In the event that the Contractor maintains records on demand and consumption data in addition to that required to bill in accordance with the utility tariff, said data shall also be made available to DLA Energy or to any party designated by DLA Energy as authorized to

SPE60420R0405 – A0001 Page 13 of 55 request this data. The Contractor shall provide (or make available) to DLA Energy or to any party designated by DLA Energy, interval data (for those accounts with an interval meter) in Microsoft Excel format, on a monthly basis throughout the entire delivery term of any resultant contract.

(f) ORDERING. Orders shall be made in accordance with the ELECTRICITY ORDERING PROCEDURES contract text.

(g) POINT OF DELIVERY. For this solicitation and any resulting contract, the delivery point for each account is defined as an interconnect with the UDC owned or controlled transmission or distribution systems.

(h) SERVICE POINT. For this solicitation and any resulting contract, the service point is defined as the meter(s) indicated for each account awarded as described in Attachment I.

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

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

SECTION D – PACKAGING AND MARKING

Not Applicable

SECTION E – INSPECTION AND ACCEPTANCE

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

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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

FEB 2013)

The Contractor shall use commercially reasonable efforts to provide the Contracting Officer with written notice received by the Contractor of any relevant changes to the transportation tariff/rate or the scheduling of a tariff/rate hearing that would reasonably be expected to have impact on the installations within a commercially reasonable time frame (5 business days). Failure of the Contractor to comply with this contract text shall not be grounds for termination for cause.

SPE60420R0405 – A0001 Page 14 of 55

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 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…