Solicitation SPE60422R0401 - 0001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 48

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000133133

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

SPE604-22-R-0401 2021 NOV 29

a. NAME b. TELEPHONE NUMBER (No Collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

calls) LOCAL TIME

2022 JAN 11

INFORMATION CALL: Jessica Mayeaux DJM0282

01:00 PM

9. ISSUED BY CODE SPE604 10. THIS ACQUISITION IS [8J UNRESTRICTED OR□SET ASIDE: %FOR:

□SMALL BUSINESS □ WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED DLA ENERGY □ HUBZONE SMALL SMALL BUSINESS PROGRAM INSTALLATION ENERGY BUSINESS 8725 JOHN J. KINGMAN ROAD □ EDWOSB FORT BELVOIR VA 22060 SERVICE-DISABLED NAICS: 221112

USA □ VETERAN-OWNED

SMALL BUSINESS 08(A) SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS □ 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

[8J SEE SCHEDULE □ RFQ □ IFB 1:8] RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE I

SEE SCHEDULE

17a. CONTRACTOR/ CODE I I FACILITY 18a. PAYMENT WILL BE MADE BY CODE I OFFEROR CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED □ SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

1:8] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

[8J ARE

DARE

□ ARE NOT ATTACHED

□ ARE NOT ATTACHED

[8J 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_ □29. AWARD OF CONTRACT: REF OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACT/NG OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

SPE60422R0401 – Amendment 0001 Page 2 of 48 New England 2022

Part I – The Schedule

SECTION A – SOLICITATION / CONTRACT FORM

QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED IN WRITING VIA

EMAIL TO DLAENERGY.ETEAM@DLA.MIL NO LATER THAN DECEMBER 13, 2021. THE

GOVERNMENT MAY NOT PROVIDE ANSWERS PRIOR TO THE DATE AND TIME

PROVIDED ON STANDARD FORM (SF) 1449, BLOCK 8.

Continuation of SF 1449, Block 8 Offer Due Date This date refers 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.

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 APR 2021)

(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.

RTO/ISO: Independent System Operator (ISO) – New England NERC Region: Northeast Power Coordinating Council (NPCC) Public Utility Commission: Connecticut Department of Public Utility Control Connecticut Public Utilities Regulatory Authority mailto:DLAENERGY.ETEAM@DLA.MIL

SPE60422R0401 – Amendment 0001 Page 3 of 48

Maine Public Utilities Commission Massachusetts Department of Public Utilities New Hampshire Public Utilities Commission Rhode Island Public Utilities Commission Utility Service Area: Central Maine Power Eversource Liberty Utilities National Grid

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

Contract Line Item

Number

(CLIN)

Location/Installation Name

Number of

Accounts Estimated

Quantity (kWh) Type of

Electricity Spreadsheet

Name

0001 U.S. Army Reserves 99th Division – NH 5 3,344,640 FFP

Attachment I –

Installation Data Sheet

0002 U.S. Army Reserves 99th Division – RI 5 1,060,442 FFP

0003 U.S. Army Reserves 99th Division – CT 8 6,656,576 FFP

0004 U.S. Army Reserves 99th Division – MA 14 9,056,726

9,089,386 FFP

0005 U.S. Army Reserves 99th Division – ME 4 593,946 FFP

0006 U.S. Coast Guard 14 3,777,730 FFP

0007 U.S. Coast Guard Academy 3 18,855,168 FFP

0008 Customs and Border Protection – NH 2 60,432 FFP

Cold Regions Research and Engineering Laboratory (CRREL)

1 12,846,400

14,071,400 FFP

0010 Otis Air Force Base 2 48,490,386 FFP 0011 Naval Station Newport 1 177,460,708 LMP

0012 Portsmouth Naval Shipyard 1 81,224,780 LMP

0013 Customs and Border Protection - ME 11 10 972,604

971,148 FFP

Total 71 70 364,400,538 365,656,742

NOTE: CLIN 0003, U.S. Army Reserves 99th Division – CT, has cogeneration via a 39 KW Solar array, which affects account 51025485087. The Solar array became fully operational in 2011.

NOTE 2: CLIN 0007, U.S. Coast Guard Academy, has cogeneration via turbine, 1MW and 420kW solar array for their accounts account 51925216020. Turbine is expected to run all year with a semi annual shutdown for maintenance estimated to be 48 hours per shut down.

NOTE 3: CLIN 0009, CRREL, anticipates a significant increase to load. A new Climatic Cold Chamber is in the final stages of construction and startup. The Climatic Cold Chamber (CCC) is through

SPE60422R0401 – Amendment 0001 Page 4 of 48 construction testing and use will begin in 2022. Electrical load impact will depend upon degree of usage.

Expect an additional 200kW of load when this facility is operating. Electrical usage will depend upon the nature of research being performed and the down time for setup, knock down, and dead time between research efforts. By 2024 2026, it is anticipated that the Ice Engineering Facility overhaul be either complete or well under way. Ice Engineering Facility (IEF) overhaul is now estimated to be on line in 2025 to 2026. Thus, there will be no impact through 2024. The Materials Effects Facility (MEF) is being converted to a low temperature laser testing facility, which will increase its low temperature work load in 2023. MEF Laser Lab conversion will be complete in late 2022, at which time, the refrigeration load for this facility is expected to begin. Expect an additional 150kW of load when the facility has research under way. Electrical usage will depend upon the nature of research being performed and the down time for setup, knock down, and dead time between research efforts. These three projects will impact the electrical loads significantly. Approximately 350kW of CRREL’s load is continuous base load.

NOTE 4: CLIN 0010, Otis Air Force Base, anticipates a load reduction of greater than ten percent by 2024, due to the following: partially operable micro gird, frequency regulation, demand response, and divestment of a building. Any resulting load reductions are anticipated to be offset by other projects. The overall load is expected to remain level (on average) for the contract performance period.

NOTE 5: CLIN 0011, Naval Station Newport, account 5040435000 is enrolled in the New England Program for demand response. The agreement for 1,000 kW began in March 2019 and will expire on May 31, 2024, unless terminated sooner. Naval Station Newport does not have cogeneration. A High Voltage Discount and High Voltage Metering appear on the National Grid invoice.

NOTE 6: CLIN 0012, Portsmouth Naval Shipyard, has cogeneration via 2 gas turbines, 5.2MW and 5.5MW. During warm months one turbine is run, generating approximately 5MW. During cold months, both turbines are run and generate approximately 10MW. A 7.5 MW turbine is in the process of being installed. It is expected to be online in early calendar year 2022. It will serve as a backup for when supply is not provided (i.e. storms) and is not anticipated to lessen the demand.

(d) The Government is soliciting offers for a 24-month delivery period (from the meter read date occurring in the month of May 2022 through the meter read date occurring in the month of May 2024). 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. Please use the following link to access the information: SAM.Gov

NOTE 7: CLIN 0004, U.S. Army Reserves 99th Division – MA, is soliciting two of the fourteen accounts for a 25-month delivery period (from the meter read date occurring on 4/29/2022 through the meter read date occurring in the month of May 2024). These two accounts are: Account 3790664044 for Service Address 901 W Chestnut St, Brockton, MA 02301, and Account 3773496006 for Service Address Carver St Pole 7, Grandby, MA 01033.

(e) The Government is soliciting offers for Firm Fixed Price (FFP), Requirements Type basis for electricity CLINs 0001-0010 and 0013. Prices shall include the following charges: Prices shall also include capacity, ancillary services, losses and independent system operator/regional transmission organization fees including Reliability Must Run (RMR), Locational Forward Reserve (LFR) charges, and all Renewable Portfolio Standard (RPS) costs (all retail supply costs) to the point of receipt as specified in this solicitation. The Government is soliciting offers for Firm Fixed Price, Requirements Type utilizing Locational Marginal Price (LMP) basis for electricity for CLINs 0011 and 0012 (See B802 below).

NOTE 8: For CLINs 0001-0008, 0010 and 0013, capacity shall be included in the FFP. For CLIN 0009, Capacity shall be treated as a pass-through.

SPE60422R0401 – Amendment 0001 Page 5 of 48

NOTE 9: Executive Order (EO) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, was issued on December 8, 2021. The EO requires the Government transition to 100% Carbon Pollution-Free Electricity (CFE) by 2030. During the term of the contract, if the CFE market develops to a point that it is viable for the contractor to deliver CFE; contractor will be willing to discuss and, if commercially possible for a reasonable price, deliver an agreed amount of CFE to the Government.

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

**Applicable ONLY to CLINs 0011 and CLIN 0012**

The total amount charged by the Contractor (for accounts listed in Attachment I - Installation Data Sheet) each month shall equal the sum of the following components, consisting of a Transaction Fee that is fixed and therefore not subject to true-up or pass-through, an Energy charge that represents a pass-through of actual energy market charges as set forth below, and various other market charges as set forth and described below that shall provide for pass-through of various cost elements or credits at cost:

(a) ENERGY. For each hour of the month, the Government shall pay the Contractor the product of the Day-ahead or Real Time Hourly (To be determined) LMP for the ISO-NE zone through which the account is served and the metered load of the account adjusted for line losses to the Government’s meter.

NOTE: The node for Naval Station Newport is 4005. The node for Portsmouth Naval Shipyard is 4001.

(b) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed transaction fee ($/kWh) multiplied by the account’s total metered energy consumption in that month. Payment of this transaction fee shall compensate the Contractor for all services performed and all costs incurred to supply electricity to the point of delivery, including but not limited to: the cost of ISO-NE ancillary services, RMR, RPS, LFR cost, Auction Revenue Rights (ARR), management costs, risk costs, profit margin, and market administration costs, whose recovery is not explicitly provided for by the separate Energy and other market charges pass-through components described below in this section. The ($/kWh) price of the fixed transaction 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 and shall be passed-through to the Government with no mark-up.

(1) Capacity. Under the resulting contract, the Contractor shall utilize ISO-NE’s Divisional Accounting feature and establish an ISO-NE Subaccount for each of the relevant UDC zones, within 60 days of contract award. The establishment of ISO-NE Subaccounts shall be used to facilitate the assignment of Forward Capacity Market charges to the Government for the account(s) served under the applicable ISO-NE Subaccount Capacity shall be charged in accordance with the formula listed below or a Government accepted formula that is mutually agreed upon by both parties.

Refer to Appendix 1 for further information concerning the sources for specific ISO-NE prices and values to be utilized for the applicable billing period in determining capacity charges.

Billable Capacity Cost for Month = [Account’s ICAP Tag] * [�𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝑡𝑡

′𝑠𝑠 𝑍𝑍𝐴𝐴𝐴𝐴𝑍𝑍𝑍𝑍 𝐶𝐶𝑍𝑍𝐶𝐶𝑍𝑍𝐴𝐴𝐶𝐶𝑡𝑡𝐶𝐶 𝑅𝑅𝑅𝑅𝑅𝑅𝐴𝐴𝐶𝐶𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝐴𝐴𝑡𝑡�

(𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝑡𝑡′𝑠𝑠 𝑍𝑍𝐴𝐴𝐴𝐴𝑍𝑍𝑍𝑍 𝑃𝑃𝑅𝑅𝑍𝑍𝑃𝑃 𝐶𝐶𝐴𝐴𝐴𝐴𝑡𝑡𝑅𝑅𝐶𝐶𝐶𝐶𝐴𝐴𝑡𝑡𝐶𝐶𝐴𝐴𝐴𝐴) ] *

[(𝐷𝐷𝑍𝑍𝐶𝐶𝑠𝑠 𝐴𝐴𝑜𝑜 𝑀𝑀𝐴𝐴𝐴𝐴𝑡𝑡ℎ 𝐶𝐶𝐴𝐴 𝐵𝐵𝐶𝐶𝑍𝑍𝑍𝑍𝐶𝐶𝐴𝐴𝐵𝐵 𝐶𝐶𝐶𝐶𝐴𝐴𝑍𝑍𝑅𝑅)

(𝑁𝑁𝐴𝐴𝑅𝑅𝐶𝐶𝑅𝑅𝑅𝑅 𝐴𝐴𝑜𝑜 𝐷𝐷𝑍𝑍𝐶𝐶𝑠𝑠 𝐴𝐴𝑜𝑜 𝑀𝑀𝐴𝐴𝐴𝐴𝑡𝑡ℎ) ] * [Account’s Zonal Net Regional Clearing Price]

(i) ICAP Tag Value (expressed in kilowatts) is the peak contribution of the account(s), as its share of annual coincident contributions to the system-wide annual peak load in its Capacity Zone, provided by the applicable Local Distribution Company. This value is updated annually in June.

SPE60422R0401 – Amendment 0001 Page 6 of 48

(ii) Net Regional Clearing Price (expressed in U.S. dollars per kilowatt-month) is the representative monthly charge rate for capacity as provided by the ISO-NE. The value is reported by ISO-NE in the Monthly Market Operations Report indicated month in section “12.2 FCM Payments and Charges”. Example, the “Monthly Market Operations Report January 2018”, the value for January 2018 in a table appears on page 56 as $7.424518.

(iii) Capacity Reserve Factor shall equal the quotient of the monthly (Capacity Requirement)/(Peak Contributions), where each is established by ISO-NE. Capacity Requirement is reported by ISO-NE in the Monthly Market Operations Report for the indicated month in section “12.2 FCM Payments and Charges”. Example, the “Monthly Market Operations Report January 2018”, the value for January 2018 in a table appears on page 54 as 2,469.

(iv) Peak Contribution is reported by ISO-NE in the Monthly Market Operations Report indicated month in section “12.2 FCM Payments and Charges”. Example, the “Monthly Market Operations Report January 2018”, the value for January 2018 in a table appears on page 54 as 1,766.

(v) The cost for a billing cycle will be proportioned to the number of whole days of the particular calendar month in the billing cycle to the number of days in the particular calendar month.

(vi) All kWh will be multiplied by the appropriate Annual Average line loss factor available on the website of the utility applicable to each account. The price of the fixed fee shall remain constant throughout the contract term.

NOTE: Any proposed calculation that differs from the Government’s formula must be matched and verified to the Government’s calculation as posted by ISO-NE.

Forward Capacity Market charges to the Government for each account in each Capacity Commitment Period (“CCP”) shall be calculated in accordance with the formula listed below:

Billable Capacity Cost for Billing Month = [Account’s CLO] * [Capacity Zone’s FCA Capacity Clearing Price] * [ 12

Number of Days in the CCP ] * [Number of Days in Billing Month]

Where:

Account’s CLO, or Capacity Load Obligation, is calculated as:

[Account’s Capacity Tag] * [ 𝐶𝐶𝑍𝑍𝐶𝐶𝑍𝑍𝐴𝐴𝐶𝐶𝑡𝑡𝐶𝐶 𝑍𝑍𝐴𝐴𝐴𝐴𝑅𝑅′𝑠𝑠 𝑇𝑇𝐴𝐴𝑡𝑡𝑍𝑍𝑍𝑍 𝐶𝐶𝑍𝑍𝐶𝐶𝑍𝑍𝐴𝐴𝐶𝐶𝑡𝑡𝐶𝐶 𝑅𝑅𝑅𝑅𝑅𝑅𝐴𝐴𝐶𝐶𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝐴𝐴𝑡𝑡

𝐶𝐶𝑍𝑍𝐶𝐶𝑍𝑍𝐴𝐴𝐶𝐶𝑡𝑡𝐶𝐶 𝑍𝑍𝐴𝐴𝐴𝐴𝑅𝑅′𝑠𝑠 𝑇𝑇𝐴𝐴𝑡𝑡𝑍𝑍𝑍𝑍 𝑃𝑃𝑅𝑅𝑍𝑍𝑃𝑃 𝐶𝐶𝐴𝐴𝐴𝐴𝑡𝑡𝑅𝑅𝐶𝐶𝐶𝐶𝐴𝐴𝑡𝑡𝐶𝐶𝐴𝐴𝐴𝐴𝑠𝑠

Account’s Capacity Tag, expressed in kilowatts, is the account’s annual coincident contribution to the ISO New England system-wide annual peak load in the account’s Capacity Zone, as provided by the applicable Local Distribution Company.

Capacity Zone’s Total Peak Contributions (in megawatts) and Capacity Zone's Total Capacity Requirement (in megawatts) for each month for each Capacity Zone are provided in Section 11.2 (FCM Payments and Charges) of ISO New England’s Monthly Market Operations Report.

A CCP runs from June 1st of a calendar year through the May 31st of the subsequent calendar year.

FCA, or Forward Capacity Auction, capacity clearing price, expressed in dollars per kilowatt per month or $/kW-month, for each CCP for each Capacity Zone is published in ISO New England’s Forward Capacity Market Result Reports. FCA capacity clearing prices for each CCP for each Capacity Zone are provided below for reference.

ISO-NE FCA Capacity Clearing Prices by Capacity Zone by CCP ($/kW-month) CCP Rest-of-Pool Northern New England Southeast New England

June 1, 2021 - May 31, 2022 4.631 4.631 4.631 June 1, 2022 - May 31, 2023 3.800 3.800 3.800

SPE60422R0401 – Amendment 0001 Page 7 of 48

June 1, 2023 - May 31, 2024 2.001 2.001 2.001 June 1, 2024 - May 31, 2025 2.611 2.477 3.980

The Rest-of-Pool Capacity Zone consists of the Western & Central Massachusetts (WCMA), and Connecticut (CT) Load Zones. The Norther New England Capacity Zone consists of the New Hampshire (NH), Vermont (VT), and Maine (ME) Load Zones. The Southeast New England Capacity Zone consists of the Northeastern Massachusetts (NEMA), Southeastern Massachusetts (SEMA), and Rhode Island (RI) Load Zones.

The Billable Capacity Cost defined above includes the charges listed in ISO New England Market Rule 1, Section III.13.7.5.1, but excludes Capacity Transfer Rights (CTR) credits. CTR credits (ISO New England Market Rule 1, Section III.13.7.5.4) are to be passed through to the Government. The charge and credit line items listed in ISO New England Market Rule 1, Section III.13.7.5.1 shall not be passed through to the Government separately from the Billable Capacity Cost as defined above.

(2) Auction Revenue Rights (ARR). ARR Credits allocated monthly to the load of the Government’s accounts as a firm transmission customer, shall be treated by Contractor as a direct pass through with no adjustment, and shall be calculated for each billing period as set forth in Appendix 1.

This component will only be provided as a credit and never billed as a net cost to the Government.

(d) INDICES. In the event that the ISO-NE 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 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of the contract.

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

**Applicable ONLY to CLINs 0011 and 0012**

(a) At any time during contract performance, the Government and the Contractor can mutually agree to convert any LMP-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.

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 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

SPE60422R0401 – Amendment 0001 Page 8 of 48

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

(b) INVOICE AND PAYMENT. The Government will utilize Consolidated Billing (UDC) for CLINs 0001-0005, and Dual Billing for CLINs 0006-0013 awarded as a result of this solicitation.

All invoicing shall be based on metered quantities at the service point for each account. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with billing shall be the responsibility of the Contractor and shall be included as part of the offered price. The Government will not pay any additional charges for billing services. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual Billing.

CLINs 0001, 0002, 0003, 0004, 0005, 0008 and 0013 require individual invoices for each account.

CLINs 0011 and 0012 invoices shall include the following Service Point ID (SPID):

CLIN 0011 Naval Station Newport: ML_NP_EL_00001 CLIN 0012 Portsmouth Shipyard: ML_PS_EL_00001

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, if available from the UDC:

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

(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

(5) Average Contract energy rate ($/kWh) and total energy charge

(6) Loss charge rate ($/kWh) and total loss charge.

(7) Transaction Fee rate ($/kWh) and total Transaction Fee

(8) Capacity and demand information for each account (as available), Including ICAP tag value, Capacity Requirement, Peak Contribution, and Net Regional Clearing Price used in calculation for Billable Capacity Cost for Month.

(9) Auction Revenue Rights (ARR) Credit

(10) 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 Public Utility Commission requirements.

(11) All information required by the applicable Public Utility Commission to be included on customer invoice.

(12) All supporting documentation calculations methodologies, assumptions and source data to substantiate all costs charged to the Government) is required before payment will be made. Such documentation may include, but is not limited to:

(i) Interval prices (hourly)

(ii) Interval load data (as described in Item (13)

(iii) Daily Zonal Scaling Factors (as applicable)

(iv) Line Loss Factors (as applicable)

(v) Capacity Prices, Values ($/kW month)

(vi) Service Fees ($/kWh)

(13) 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

SPE60422R0401 – Amendment 0001 Page 9 of 48 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.

(14) If a contractor/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 contractor/supplier, the contractor/supplier may issue a bill based on an estimated reading for the affected account. The contractor/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 contractor/supplier 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.

(15) 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 wires charges must be based on the utility’s billing cycle).

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

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

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

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

(f) ORDERING. Orders shall be made in accordance with the I800 ELECTRICITY ORDERING PROCEDURES contract provision.

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

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

(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.

SPE60422R0401 – Amendment 0001 Page 10 of 48

(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 Contract Terms and Conditions – Commercial Items, Paragraph (a) Inspection/Acceptance.

SECTION F – DELIVERIES OR PERFORMANCE

Not Applicable

SECTION G – CONTRACT ADMINISTRATION DATA

The following Government personnel are the administrative points of contact:

Point of Contact Role Email Phone Jessica Mayeaux Contract Specialist Jessica.g.mayeaux@dla.mil (571) 767 - 7065 Lawrence T. Fratis Contracting Officer Lawrence.Fratis@dla.mil (571) 767 - 8528

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

NOTE: E-mail notification is acceptable, provided it includes the specific tariff change (via cut and paste) and its effective date.

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

SPE60422R0401 – Amendment 0001 Page 11 of 48

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-New England) (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. Invoice requirements are expressed in Section B and C. If awarded, a copy of the state(s) sales tax exemption will be distributed (as needed).

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

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

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE.

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

Subject to the terms and conditions of this contract, the Contractor shall be paid for electricity delivered under the contract prior to the date and time specified by the Government for the termination of any or all contract quantities plus any additional energy the Contractor is required to deliver for the Government’s account under applicable location distribution company tariff sheets.

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

(i) Firm Fixed Price: A = Σ (B - C)*D Where-- A = Termination value.

SPE60422R0401 – Amendment 0001 Page 12 of 48

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

C = Forward market bid price, defined herein D = Contract quantity for each usage period for each season (based on data listed in the Installation Data Sheets).

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

(B) The forward market bid price shall be defined as the average of on and off peak prices at the applicable ISO-NE 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 audit forward market price data obtained by the Contractor.

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

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

NOTE: The termination value formulas 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 that of 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 (SEP 2021)

(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)).

SPE60422R0401 – Amendment 0001 Page 13 of 48

(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. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (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].

__ (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. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep

2021) (15 U.S.C. 657a).

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

Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

X (17) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

X (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

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

SPE60422R0401 – Amendment 0001 Page 14 of 48

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020)

(E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

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

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

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

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

SPE60422R0401 – Amendment 0001 Page 15 of 48

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

(Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.

S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53,…