SPE60422R0406A0005-1.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000147243

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE604-22-R-0406

5. SOLICITATION NUMBER

2022 JUL 05

6. SOLICITATION ISSUE

DATE

Jacob Sigler DJS0058

a. NAME

Phone: 703-767-9365

b. TELEPHONE NUMBER (No Collect calls)

2022 AUG 04

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE604

DLA ENERGY

INSTALLATION ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

221112NAICS:

750 employeesSIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

01:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

SPE60422R0406 Page 2

PJM 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 JULY 20, 2022. 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.

Note 1: 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.

Note 2: The Government reserves the right not to consider any exceptions to the stated solicitation requirements received after the Offer Due Date.

Note 3: Prices shall be submitted via a reverse auction commencing at 10:00 AM local Fort Belvoir, VA time on October 4, 2022 and October 5, 2022. The reverse auction shall be conducted in accordance with DLAD Procurement Note L09 REVERSE AUCTION (OCT 2016). Day 1 Auction will price for CLINs 0001-0018 and Day 2 Auction will price for CLINs 0019-0036.

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 mailto:DLAENERGY.ETEAM@DLA.MIL

SPE60422R0406 Page 3 utility service area, public utility commission, the applicable NERC region, and those NERC Regions that border the applicable NERC Region.

RTO/ISO: PJM

Public Utility Commission: Public Service Commission of the District of Columbia Maryland Public Service Commission State of New Jersey Board of Public Utilities Pennsylvania Public Utility Commission Public Utility Commission of Ohio Illinois Commerce Commission

Utility Service Area:

CLIN Installation Number of Accounts

Estimated Quantity

(kWh)

Spreadsheet Name

0001 99th Army Reserve PA 52 20,680,062

Attachment I –

IDS.xlsx

0002 Bettis Atomic Power Laboratory 2 107,674,669 0003 Carlisle Barracks 2 49,061,000 0004 DLA Susquehanna 2 74,526,184 0005 Tobyhanna 1 137,174,000 0006 Joint Base Henderson-Hall-McNair 2 39,506,114 0007 US National Arboretum 9 2,651,230 0008 Marine Barracks Washington 3 14,436,422 0009 Naval Research Lab (DC) 1 211,477,080

0010 DIA (DC) 1 93,915,378

0011 National Agricultural Library 1 10,268,052 0012 National Institutes of Health 4 20,784,168 0013 Fort Detrick 5 345,279,858 0014 Fort Detrick – Forrest Glen 3 2,247,500

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

DPL Dayton Power & Light

SPE60422R0406 Page 4

0015 VA MD Healthcare 1 37,050,408 0016 Loch Raven 6 5,208,694

0017 NRL (MD) 1 18,730,512

0018 Johns Hopkins Applied Physics Laboratory 12 59,068,967

0019 CSSG 1 19,971,108

0020 DIA (MD) 1 5,507,960

0021 Army Corps of Engineers 23 250,563,138 0022 Maryland Procurement Office 24 1,708,706,483

0023 DISA 1 68,848,016

0024 Fort Meade 303 178,756,472 0025 99th Army Reserve Maryland 11 5,060,720 0026 Catoctin 4 22,824,884

0027 JBMDL 159 97,224,832

0028 99th Army Reserve New Jersey 8 4,552,226

0029 PPPL 2 40,919,414

0030 NJ IDA 1 13,935,303

0031 DLA Columbus 1 111,902,240 0032 Wright Patterson Air Force Base 5 781,846,002 0033 JSMC Lima 1 78,926,400

0034 Argonne National Laboratory (On-Peak) Argonne National Laboratory (Off-Peak) 1 296,452,397 (on)

607,365,886 (off) 0035 99th Army Reserve PA – Duquesne 5 2,645,308 0036 99th Army Reserve PA – UGI 2 1,529,128

TOTAL 661 5,545,636,880

5,547,278,215

(d) The Government is soliciting offers for a 24-month delivery period (from the meter read date occurring in the month of December 2022 through the meter read date occurring in the month of December 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

(e) The Government is soliciting offers for Firm Fixed Price, Requirements Type contract(s) for CLINs 0001 through 00028 and 0030 through 0033, and 0035-0036; and Fixed-Price Requirements Type contract utilizing Locational Marginal Price (LMP) basis electricity for CLIN 0029 and 0034. Prices shall include the following charges:

Note: CLIN 0032 – Wright Patterson Air Force Base, DPL Account 0000066000 has an anticipated meter read date of December 31, 2022. Under no circumstances shall supply to this account commence prior to December 2022.

Firm-Fixed-Price:

Energy, ancillary services, Auction Revenue Rights (ARR), PJM transmission losses, UDC losses, all costs attributed to meeting state Renewable Portfolio Standards (RPS), FERC Order 745, and independent system operator/regional transmission organization fees (all retail supply costs) to the service point as specified in this solicitation. Balancing Congestion Charges, existing Reserve Market Charges (and credits), and new or modified charges resulting from PJM’s reserve price formation and reserve market enhancements implementation shall be considered part of ancillary services and shall be included in the Firm Fixed Prices for all CLINs. See Note 2 below concerning CLIN 0034 Argonne National Laboratory.

DJS0058

Highlight

SPE60422R0406 Page 5

ONLY For CLINs 0001, 0025, 0028, 0035, and 0036, all costs must be built into the price, except for taxes.

Fixed Price utilizing LMP: See B802

The charges not included in the offered unit price are:

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

NOTE: The following anticipated load requirements and changes are expected:

0004 - DLA Susquehanna - Currently enrolled in a 250kW Demand Response program.

0015 - MD VA Medical Center - 10% monthly decrease of load expected due to ESPC project, effective the end of December in 2022. Installation is also enrolled in a 600kW Demand Response program.

0016 - Loch Raven - Anticipated 10% increase of monthly load due to second floor construction and anticipated housing project to go in effect April 2023. 10% reduction in monthly load expected to offset increase from ESPC project beginning in April 2023.

0018 - JHAPL – Accounts #6389992879 and 6264643525 will see a combined estimated 950,000kWh increase, per month, from the historical usage beginning at the start of the first meter read date.

0022 - MPO – An estimated 6.6% annual growth beginning in October 2022. A 10.7% increase from 2022 will be expected beginning October 2023 (816,781,302kWh total). A 9.2% increase from 2023 will be expected beginning October 2024 (891,925,181 kWh total).

0027 - JBMDL - Installation of solar array will begin going online with a total annual load reduction estimated at 4,961,410kWh. Reference Attachment VII - Dix Solar Power Load Reduction.

0030 - NJ IDA – Anticipated computer project is expected to go online in October 2023 which will increase the load by 10% each month.

0034 - Argonne - Beginning in October 2022, a new large-scale computer system is expected to come online over a 15-week period. Once online the additional computer demand may be as high as 56,700 KW and the additional load is expected to be about 200 Million KWH per year.

Note 1:

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

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

Capacity Costs – The cost to secure capacity to comply with PJM capacity requirements shall be

SPE60422R0406 Page 6 passed through to the Government. The price of capacity charged to the Government shall not exceed the product of the Contractor’s Daily Unforced Capacity Obligation and the PJM Zonal Capacity Price net of the Capacity Transfer Rights Credit. The Daily Unforced Capacity Obligation is equal to the Obligation Peak load multiplied by the Final Zonal Reliability Pricing Model (RPM) Scaling Factor times the Forecast Pool Requirement, as those terms are defined by PJM, for the relevant time period and zone in which the account is located.

Note 2: For Argonne National Laboratory (ANL) – Contractor shall review Attachment IV - Argonne Requirements and Schedule Sheet for the price requirements for ANL. Contractor shall provide separate Transaction Fees for Peak Hours and Off-Peak Hours. All energy shall be based on the requirements of section B802 of this solicitation and must include ALL PJM ancillary services and ISO related costs not identified in the pass-through components.

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

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

Formula:

Daily NITS Charge ($) = Annual NSPL Tag (MW) * Daily Zonal NSPL Scaling Factor * Daily Zonal NITS Rate ($/MW-day)

Daily TEC Charge ($) = Annual NSPL Tag (MW) * Daily Zonal NSPL Scaling Factor * Daily Zonal TEC Rate ($/MW-day)

Where:

Annual NSPL tag is the transmission tag assigned to each account by the EDC for each calendar year.

Daily Zonal NITS Rate = Annual Zonal NITS Rate (as published on PJM’s website) divided by the number of days in the year.

Daily Zonal TEC Rate = Annual Zonal TEC Rate (as published on PJM’s website) divided by the number of days in the year.

Daily Zonal NSPL Scaling Factors are as published on PJM’s website.

The NITS pass-through formula above also applies to Argonne. The TEC formula above does not apply to Argonne because TEC charges are not to be treated as a pass-through for Argonne.

Current Cost: 35.509 MW x $36,069.00 per MW per year ÷ 365 = $3,311.33 per day

PJM NITS subject to change each June 1 and Argonne’s PLC subject to change each January 1.

Monthly costs should be prorated when costs change during a mid-month billing cycle.

SPE60422R0406 Page 7

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

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

2. PJM Capacity Costs: Direct pass-through of PJM Capacity Rate for Commonwealth Edison Company based on Argonne’s Capacity PLC. Daily charge will be assessed during monthly billing period based on the PJM Locational Reliability Charge and Argonne’s Capacity PLC assigned by ComEd.

Daily Capacity Charge ($) = Annual PLC Tag (MW) * Final Zonal RPM Scaling Factor * Forecast Pool Requirement * Daily Zonal Capacity Scaling Factor * Final Zonal Capacity Price ($/MW-Day)

Where:

Annual PLC tag is the capacity tag assigned to each account by the EDC for each PJM delivery year (June 1st through May 31st).

Final Zonal RPM Scaling Factor, Forecast Pool Requirement, Daily Zonal Capacity Scaling Factors, and Final Zonal Capacity Prices are as published on PJM’s website.

All other capacity related costs must be included in the Fixed Energy Price.

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

3. ComEd Distribution and Transmission Losses: Direct pass-through of losses. Losses are to appear as an additional line item on the invoice submitted to Argonne. ComEd’s 2022 tariff distribution loss (“DLF)” and transmission loss (“TLF”) factors are 0.72% and 1.60%, respectively. The combined loss factor is 2.33% [(1 + 0.0072) x (1 + 0.0160) = 1.0233].

2.16% x ComEd metered kWh x weighted average Commodity Price in the billing period.

All other loss related cost components must be included in the Fixed Peak and Off-Price prices. This includes ComEd’s Unaccounted For Energy (“UFE”) and PJM’s loss deration.

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

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

SPE60422R0406 Page 8

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

Note 3: 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 must be willing to discuss and, if commercially possible for a reasonable price, deliver an agreed amount of CFE to the Government.

Note 4: For Argonne and Princeton Plasma Physics Laboratory Only: 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, the contractor shall notify the site as soon as it becomes viable for them to deliver CFE; contractor must 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)

NOTE: This section applies to CLIN 0029, PPPL and CLIN 0034 ARGONNE National Laboratory only.

NOTE 1: For Argonne, items not addressed in Attachment IV, default instructions are found in B802.

For items addressed in B802 and Attachment IV, default instructions are found in Attachment IV.

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

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

(b) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total metered energy consumption in that month. Payment of this fee shall compensate the Contractor for all services performed, as well as all costs incurred whose recovery is not specifically provided for by the Energy and Other Market Charges components described in this section. The Transaction Fee shall include all current and future costs attributed to meeting state Renewable Portfolio Standards (RPS), Unaccounted for Energy (UFE), FERC Order 745, and the cost of all PJM ancillary services. Existing RPS is inclusive of normal annual increases in state RPS requirements that are already established under current law. Future changes in RPS requirements specifically as a result of a change in law, enacted after the contract award date, shall be treated as a pass-through. The price of the fixed fee shall remain constant throughout the term.

NOTE 2: RPS for CLIN 0034 is not included in the transaction fee, Illinois utility covers the RPS requirement.

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

(1) OTHER MARKET CHARGES APPLICABLE

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

SPE60422R0406 Page 9

Factor times the Forecast Pool Requirement, as those terms are defined by PJM, for the relevant time period and zone in which the account is located.

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

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

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

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

(vi) RESERVE MARKET COSTS –

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

– COMMERCIAL ITEMS clause of the contract.

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

NOTE: Applicable to CLIN 0029 Princeton Plasma Physics Laboratory and CLIN 0034 ARGONNE National Laboratory only.

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

LOCAL TIME, FORT BELVOIR, VIRGINIA.

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

(c) The quantities agreed upon at the time of acceptance of the Contractor’s proposal shall be used to establish the monthly estimated quantity. Electricity provided by the Contractor shall be priced in accordance with the ELECTRICITY ORDERING PROCEDURES contract text.

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

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

SPE60422R0406 Page 10 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 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/allow Consolidated UDC Billing for CLINS 0001, 0003, 0010, 0012-0014, 0016, 0019, 0025, 0028, 0031, 0035 and 0036. The contractor must submit all invoice information to the appropriate UDC under the terms of the applicable Retail Access Rule, in accordance with terms of its UDC Service Agreement. All invoicing shall be based on metered quantities at the service point for each account. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with Consolidated UDC Billing shall be the responsibility of the Contractor and shall be included as part of the offered price.

The Government will utilize/allow Dual Billing for CLINs 0002, 0004-0009, 0011, 0015, 0017, 0018, 0020-0024, 0026, 0027, 0029, 0030, 0032 – 0034. CLIN 0027 requires Dual Billing with Provider Consolidated Invoicing, one for each location (Dix, Lakehurst – Attachment VI for example). All invoicing shall be based on meter quantities at the service point for each account. The Contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with billing shall be the responsibility of the Contractor and shall be included as part of the offered price. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual Billing.

In addition to the requirements set forth in FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS Paragraph (g), each contractor invoice shall include the following information:

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

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

(3) Billing period for each account.

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

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

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

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

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

SPE60422R0406 Page 11

(9) If a supplier is unable to issue a bill based on actual meter reading due to the failure of the transmission and distribution utility, municipally owned utility or electric cooperative to obtain or transmit a meter reading to the supplier, the supplier may issue a bill based on an estimated reading for the affected account. The supplier must inform the customer of the reason for the issuance of the estimated bill, and the Government reserves the right to obtain documentation relating to the efforts taken by the supplier to obtain the meter read data. For estimated billing purposes, the supplier shall use the relevant monthly consumption data (as the estimate) included in the applicable Installation Data Sheet. All estimated bills shall be trued up on the next billing cycle if the applicable information is received by then.

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

(11) Applicable to Line Item 0034 Argonne National Laboratory Only: All information listed in Attachment IV – Argonne Requirements and Schedule Sheet, Appendix I - Expected Invoice Format

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

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

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

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

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

The LSE shall timely pay to PJM the full amount of all invoices that it receives from PJM, including, but not limited to, invoices that include charges related to the Dedicated Facilities Project and charges related to the abandonment, in full or in part, of the Dedicated Facilities Project. Additionally, the LSE shall also immediately deliver to PJM the full amount of any

SPE60422R0406 Page 12 and all additional payments made by MPO to its LSE in excess of the charges related to the Dedicated Facilities Project that appear on the invoices that MPO periodically receives from its LSE, provided that such additional payments also relate to the Dedicated Facilities Project and are noted as such by MPO.

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

All invoices for deliverables shall be submitted electronically through the Maryland Procurement Office (MPO) website at https://mpo.ec.ncsc.mil, unless otherwise authorized by the Contracting Officer (CO) at the time of contract award. Access to the website requires an External Certificate Authority/Interim External Certificate Authority (ECA/IECA) PKI certificate. Information on purchasing an ECA/IECA certificate, including its initial and annual cost, Is available on the internet at: https://public.cyber.mil/eca. Additional information about the MPO electronic invoicing process can be found at https://www.nsa.gov/business/programs/electronic-invoicing/. Contact the Electronic Commerce office at (410) 854-5445 if you need additional information. After obtaining the ECA/IECA certificate, contact the Electronic Commerce office to obtain an account If one does not currently exist.

Be advised, initial and annual fees may be assessed for the PKI certificate based on the rates listed on the above websites.

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

NOTE 1: The paying offices for each installation awarded under any resultant contract will be identified below. For CLINS 0004, 0005, 0008, and 0027 invoicing will be done through Wide Area Work Flow (WAWF).

(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

SPE60422R0406 Page 13

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 I 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.

(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 Jacob Sigler Contract Specialist Jacob.sigler@dla.mil (571) 767 - 9365

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 mailto:Jacob.sigler@dla.mil

SPE60422R0406 Page 14 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.

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

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 (PJM) (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.

SPE60422R0406 Page 15

(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.

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 PJM Zone where the installation is located for a term equal to the remaining term of the contract. The forward market price will be determined by the Contractor in a commercially reasonable manner, which may include polling energy brokers on the date of termination.

The Government shall have the right to 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.

SPE60422R0406 Page 16

(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 ITMS (MAY 2022)

(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 products and commercial services:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (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 products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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.