SF30 SPE60423R0400 0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

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

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

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

CODE FACILITY CODE

SPE60423R0400

X

2022 DEC 16

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

IN ITEM 10A.

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

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

E. IMPORTANT: Contractor is not, is required to sign this document and return 0 copies to issuing office.

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

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

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

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

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

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

DLA ENERGY

INSTALLATION ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

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

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

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SPE60423R0400 - 0002

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

1. B.1 Paragraph (c) is hereby amendmed to reflect the following changes:

a. ESID 10443720003559983 is hereby removed from Navy Reserves - Fort Worth & Harlingen and designated as Marine Corps Reserve Center (MCRC) Waco. As a result of this change:

i. The Total Electricity Requirement for Navy Reserves - Fort Worth & Harlingen is hereby reduced by 1,735,083 kWh, from 3,628,928 kWh to 1,893,845 kWh.

ii. The Number of Accounts solicted for Navy Reserves - Fort Worth & Harlingen is hereby reduced by 1 account, from 3 accounts to 2 accounts.

iii. The Total Electricity Requirement for MCRC Waco is hereby established as 1,735,083 kwh.

iv. The Number of Accounts solicited for MCRC Waco is hereby established as 1 account.

b. Customer and Border Protection (CBP):

i. All references to ESID 10204049752009200 and ESID 10204049752009211 are hereby replaced with ESID 10204049787542770.

ii. The following ESIDs are hereby removed from the solicitation:

1008901040561552608100 9107 BOUDREAUX RD, Tomball, TX 77375

10032789439810210 2095 MILITARY HWY CAMERA, BROWNSVILLE TX 78520

10032789454722600

iii. The following ESIDs are hereby added to the solicitation:

10032789452125890 2501 Hangar Lane Unit 1, McAllen, Texas 78503-3153 10032789485501613 11119 McPherson Road, Unit A, Laredo, Texas 78045

iv. The Total Electricity Requirement for CBP is hereby increased by 105,159 kWh, from 91,769,434 kWh to 91,874,593 kWh.

v. The Number of Accounts solicited for CBP is hereby increased by 1 account, from 318 accounts to 319 accounts.

c. The Total Electricity Requirement for Strategic Petroleum Reserve (SPR) - Bryan Mound is hereby reduced by 27,356,153 kWh, from 46,198,153 kWh to 18,842,000 kWh.

d. As a result of the changes defined in Items 1a through 1c above, the Total Electricity Requirement of this solicitation is hereby reduced by 27,250,994 kWh, from 1,340,500,819 kWh to 1,313,249,825 kWh. Accordingly, the Total Quantity of the following CLINs are hereby revised:

CLIN 0001 increased by 84,127 kWh, from 685,246,547 kWh to 685,330,674 kWh CLIN 0002 increased by 21,032 kWh, from 171,311,637 kWh to 171,332,669 kWh CLIN 0009 decreased by 21,884,922 kWh, from 36,958,522 kWh to 15,073,600 kWh CLIN 0010 decreased by 5,471,231 kWh, from 9,239,631 kWh to 3,768,400 kWh CLIN 0013 increased by 63,096 kWh, from 513,934,910 kWh to 513,998,006 kWh CLIN 0014 increased by 42,063 kWh, from 342,623,274 kWh to 342,665,337 kWh CLIN 0021 decreased by 16,413,692 kWh, from 27,718,892 kWh to 11,305,200 kWh CLIN 0022 decreased by 10,942,461 kWh, from 18,479,261 kWh to 7,536,800 kWh

e. As a result of the changes defined in Items 1a through 1c above, the Total Number of Accounts solicited are hereby increased by 1 account, from 495 accounts to 496 accounts. Accordingly, the Total Number of Accounts for the following CLINs are hereby revised:

CLIN 0001 increased by 1 account, from 458 accounts to 459 accounts CLIN 0002 increased by 1 account, from 458 accounts to 459 accounts CLIN 0013 increased by 1 account, from 458 accounts to 459 accounts CLIN 0014 increased by 1 account, from 458 accounts to 459 accounts

2. B.1 Paragraph (e), is hereby amended as follows to further clarify the components to be included, and excluded, from All CFE CLIN and Retail FFP CLIN pricing:

a. All CFE CLIN and Retail FFP CLIN pricing shall include:

All competitive retail charges and supply costs to the service point, as defined in F.2, anticipated to be in effect during the delivery period to include: energy, nodal congestion, nodal ancillaries (including Reliability Unit Commitment (RUC) and Reliability Must Run (RMR)), transmission and distribution losses, and Congestion Revenue Rights (CRR) credits.

b. All CFE CLIN and Retail FFP CLIN pricing shall NOT include:

TDSP charges, GRT, PUCA, ERCOT Contingency Reserve Service, ERCOT Securitization Default Charges, and ERCOT Securitization Uplift Charges. All charges not included in the FFP shall be a direct pass-through with no additional markup.

3. B.2 FIRM FIXED-PRICE BLOCKS (ELECTRICITY) is hereby amended to:

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SPE60423R0400 - 0002

a. Exclude CFE quantities (the awarded percentage of CFE) from all block settlement calculations defined in B.2, Subparagraph (a)(2); and related to the Transaction Fee as defined in B.2, Paragraph (b).

b. Clarify the effect of negative RTSPP values on Electricity Deficiency and Excess Electricity calculations as defined in B.2, subparagraphs (a)(2)(i) and (ii).

c. Clarify that Transmission/Distribution Losses, as defined in Subparagraphs (c)(1)(iv), (c)(2)(v), and (c)(3) (iv); shall be charged as a direct pass-through for the awarded percentage of retail electricity only.

d. Define ERCOT Contingency Reserve Service as a direct pass-through to the Government with no additional markup for AAFES [Subparagraph (c)(1)(vi)], NASA JSC [Subparagraph (c)(2)(vii)], and SPR [Subparagraph (c)(3)(vii)].

e. Subparagraph (c)(3)(vi), applicable only to SPR, is amended to read as follows:

(vi) Ancillary Services: For the awarded percentage of retail electricity only, all other ERCOT market charges (and any applicable credits) not identified in Paragraphs (a) and (b), shall be treated as a direct pass-through with no additional markup.

4. B.3 REAL-TIME SETTLEMENT POINT PRICE (ELECTRICITY) is hereby amended to:

a. Exclude CFE quantities (the awarded percentage of CFE) from all calculations defined in Paragraph (a) Energy;

and realted to the Transaction Fee as defined in B.3, Paragraph (b) Transaction Fee.

b. Clarify that Transmission/Distribution Losses, as defined in Subparagraph (c)(4) shall be charged as a direct pass-through for the awarded percentage of retail electricity only.

c. Add (c)(6) which shall read as follows:

ERCOT Contingency Reserve Service: All ERCOT Contingency Reserve Service charges shall be a direct pass-through to the Government with no additional markup.

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

5. C.2 CFE PERFORMANCE REQUIREMENTS, Paragraph (d) Attestation is hereby amended to read as follows:

For the total amount of CFE purchased by the Government during the reporting period defined in paragraph (e), the Contractor shall ensure the proper completion of, and submit, Attachment II - Attestation Forms.

6. C.8 SPR Bryan Mound, Paragraphs (2) and (3) are hereby amended to increase the 'typical power required for an oil sale' from 12 MW or less to 15 MW or less.

SECTION G – CONTRACT ADMINISTRATION DATA

7. G.1 INVOICE AND PAYMENT is hereby to reflect the following changes:

a. Subparagraph (a)(9) is amended to read as follows:

(9) Each bill shall contain all UDC/TDSP and supplier charges (no partial bills will be accepted). For each ESID number, supplier charges must include the supply of CFE corresponding to each billing period. The CFE Supply Charge shall be based on the awarded percentage of CFE and each account’s total metered usage for the billing period.

b. Paragraph (f) INVOICING – AAFES and Strategic Petroleum Reserve (SPR) is hereby added and shall read as follows:

(f) INVOICING - AAFES and Strategic Petroleum Reserve (SPR): The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Excel. The Contractor shall provide to DLA Energy or to any party designated by DLA Energy interval data, corresponding RTSPP rates, and firm fixed price block rates for each account, in Microsoft Excel format, on a monthly basis throughout the entire delivery term of any resultant contract.

SECTION J - LIST OF ATTACHMENTS

8. Attachment I - Installation Data Sheet is hereby amended to reflect the following changes:

a. Reflect the changes identified in Item 1a above relating to Navy Reserves - Fort Worth & Harlingen and MCRC Waco.

b. Reflect the changes identified in Item 1c above relating to SPR - Bryan Mound.

c. Account Summary Tab:

i. Removed the following Customer and Border Protection (CBP) ESID Numbers:

10089010405615526081009107 BOUDREAUX RD, Tomball, TX 77375

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SPE60423R0400 - 0002

100327894398102102095 MILITARY HWY CAMERA, BROWNSVILLE TX 78520

10204049752009200 CROCKETT HEIGHTS UNIT TOWER 1, OZONA TX 76943

ii. Add the following Customer and Border Protection CBP ESID Numbers:

10032789424932500 FLF or FAL (Falfurrias BPS), 933 County Rd 300, Falfurrias, TX 78355

10204049787542770 CROCKETT HEIGHTS UNIT TOWER 1, OZONA TX 76943

10032789452125890 2501 Hangar Lane Unit 1, McAllen, Texas 78503-3153 10032789485501613 11119 McPherson Road, Unit A, Laredo, Texas 78045

d. CBP Tab:

i. Remove following Customer and Border Protection (CBP) ESID Numbers:

10032789454722600 10032789439810210 10204049752009211

ii. Add the following Customer and Border Protection (CBP) ESID Numbers:

10032789424932500 FLF or FAL (Falfurrias BPS), 933 County Rd 300, Falfurrias, TX 78355

10204049787542770 CROCKETT HEIGHTS UNIT TOWER 1, OZONA TX 76943

10032789452125890 2501 Hangar Lane Unit 1, McAllen, Texas 78503-3153 10032789485501613 11119 McPherson Road, Unit A, Laredo, Texas 78045

9. Attachment II - Attestation Form is hereby amended to replace all references to 'Third Party Marketer' with 'Contractor/CFE Supplier'.

10. Attachment VII - AAFES Block Purchase Schedule is hereby amended to display two separate block schedules, one for Option A (80% Retail Electricity) and one for Option B (60% Retail Electricity).

11. Attachment X - Pricing Sheet is hereby amended to reflect the revised quantities detailed in Item 1 above.

12. Attachment XI - 4CP Report Sample is hereby added to the Solicitation.

13. Attachment XII - Responses to Questions Received iis hereby added to the Solicitation.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 68 PAGES

SPE60423R0400 - 0002

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name ATTACH_I_IDS Attachment I - Installation

Data Sheet 0002.xlsx ATTACH_II_Attestation Attachment II - Attestation

Form 0002.pdf ATTACH_VII_AAFES_Bloc k_Schedule Attachment VII - AAFES

Block Purchase Schedule 0002.pdf

ATTACH_X_Pricing_Sheet Attachment X - Pricing Sheet 0002.xlsx

ATTACH_XI_4CP_Sample Attachment XI - 4CP Report Sample.xlsx

ATTACH_XII_Responses Attachment XII - Responses to Questions

Received.pdf ATTACH_Continuation_Pa ges

SPE60423R0400

Continuation Pages 0002.

pdf

SPE60423R0400 0002 Page 6 of 68

ERCOT 2024

Part I – The Schedule

SECTION A – SOLICITATION / CONTRACT FORM

A.1. Definitions and Acronyms

A.1.1 Definitions: For purposes of this contract, the following definitions apply to the contract and its attachments except where the context of a word’s use indicates otherwise:

“24/7 carbon pollution-free electricity” or “24/7 CFE” means carbon pollution-free electricity procured to match actual electricity consumption on an hourly basis and produced within the same regional grid where the energy is consumed. (Sec. 603(a) of E.O. 14057)

“Block-rate structure” means an electric rate schedule with a provision for charging a different unit cost for various increasing blocks of demand for energy. A reduced rate may be charged on succeeding blocks.

“Carbon pollution-free electricity” or “CFE” means electrical energy produced from resources that generate no carbon emissions, including marine energy, solar, wind, hydrokinetic (including tidal, wave, current, and thermal), geothermal, hydroelectric, nuclear, renewably sourced hydrogen, and electrical energy generation from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that meets EPA requirements. (Sec. 603(d) of E.O. 14057)

“Energy attribute certificate (EAC)” is an instrument that conveys information (attributes) about a unit of energy, including the resource used to create it, and the emissions associated with its production and use. A renewable energy certificate, or REC, is a type of EAC. (Appendix A of E.O. 14057 Implementing Instructions)

“Grid region” means the area of the grid within which a balancing authority maintains balance between electric load and resources. (Appendix A of E.O. 14057 Implementing Instructions)

“Grid-supplied CFE” is CFE delivered as part of default electricity service or the electricity grid mix from a utility or electric service provider (in contrast to purchased CFE, in which the CFE and associated EAC are specified contractually). (Sec. 4.2.4 of E.O. 14057 Implementing Instructions)

“Kilowatt hour” means 1000-watt hours and represents one kilowatt of power expended for one hour of time.

“Megawatt” means a unit for measuring power that is equivalent to one million watts (equivalent to one joule per second).

“Purchased CFE” is electricity purchased from a qualifying CFE generation source with the associated EACs, i.e., the original associated energy attributes have not been separately sold, transferred, or retired. (Sec. 4.2.4 of E.O. 14057 Implementing Instructions)

“Purchased EACs” are EACs that are procured independently from the agency’s purchases of physical power, often referred to as “unbundled” EACs. (Sec. 4.2.4 of E.O. 14057 Implementing Instructions)

SPE60423R0400 0002 Page 7 of 68

“Renewable energy certificate” or “REC” means the technology and environmental (non-energy) attributes that represent proof that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource, can be sold separately from the underlying generic electricity with which it is associated. (Sec. VII of M-22-06)

“Renewable energy” means marine energy (as defined in [42 U.S.C. 17211]), or electric energy produced from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (42 U.S.C. 15852(b)(2))

“Retail Electric Choice Markets” or “deregulated markets” means electricity markets where customers can choose their electric supplier.

“Retail electricity” means the default electricity grid mix delivered to the customer that consumes the energy product.

A.1.2 Acronyms. For purposes of this contract and its attachments, the following acronyms have the meaning as provided:

4CP Four Coincident Peak AEP American Electric Power CFE Carbon pollution-free electricity CHP Combined heat and power CLIN Contract line item DLA Defense Logistics Agency DOD U.S. Department of Defense DRP Demand response provider EAC Energy attribute certificate E.O. Executive Order ERCOT Electric Reliability Council of Texas ESID Electric service identifier FAR Federal Acquisition Regulation FFP Firm fixed price GRT Gross receipts tax ISO Independent system operator kW Kilowatt kWh Kilowatt hour MW Megawatt NCP Non-Coincident Peak PUC Public Utility Commission PUCA Public Utility Commission Assessment PUCT Public Utility Commission of Texas REC Renewable energy certificate RFP Request for proposals RTO Regional transmission operator RTSPP Real-time settlement point price TDSP Transmission/Distribution service provider UDC Utility distribution company

SPE60423R0400 0002 Page 8 of 68

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES TO BE FURNISHED (RETAIL ELECTRICITY/CFE)

(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 retail electricity, to include a specified percentage of CFE, and any ancillary services required in the STATEMENT OF WORK / SPECIFICATIONS contract text. Contract performance shall be accomplished in accordance with the terms and conditions of this contract.

(b) The utility service area(s), public utility commission, and balancing authority are as follows:

ISO/RTO: ERCOT

Balancing Authority: ERCOT Public Utility Commission: PUCT Utility Service Area(s): AEP Centerpoint Nueces Electric Cooperative Oncor Electric Delivery West Texas Utilities

(c) The Government is soliciting offers for supply and transmission of electricity and ancillary services, the total requirement of which shall be fulfilled with retail electricity and a specified percentage of CFE for the installations listed in Tables 1 and 2 below. The Government intends to award, on a CLIN basis, either Option A or Option B as stated in Tables 1 and 2 below. CFE may be met with either Purchased CFE, Purchased EACs in addition to electricity supply, or a combination of the two. The Government desires CFE solutions that support the acceleration and deployment of energy from sustainable sources and reduce greenhouse gas emissions while ensuring secure and reliable supply at a competitive price. The location(s) identified with each retail electricity CLIN and corresponding CFE CLIN (e.g., Retail CLIN 0001 and CFE CLIN 0002; or Retail CLIN 0013 and CFE CLIN 0014) will be awarded together as a group.

SPE60423R0400 0002 Page 9 of 68

Section B, Table 1: Supplies to be furnished (80% retail electricity and 20% CFE)

Option A:

80% Retail Electricity

Option A:

20% CFE

Type of Price*

Location / Installation Name

# of Accounts

Total Electricity

Requirement (kWh)

Retail

CLIN

Retail Electricity

(kWh)

CFE

CLIN CFE (kWh)

FFP

Army Reserves 36 56,400,000

45,120,000

11,280,000 Fort Hood 2 60,815,974 48,652,779 12,163,195 Texas Air National Guard 147th 3 30,332,883 24,266,306 6,066,577

Texas Air National Guard 149th 3 386,889 309,511 77,378

Naval Air Station Kingsville 20 86,439,418 69,151,534 17,287,884 NAS JRB Fort Worth 3 158,150,535 126,520,428 31,630,107 Navy Reserves – Fort Worth & Harlingen

3,628,928 1,893,845

2,903,142 1,515,076

725,786 378,769

Naval Air Station Corpus Christi 5 341,038,303 272,830,642 68,207,661

Marine Corps Reserve Center (MCRC) Galveston 1 881,100 704,880 176,220

Marine Corps Reserve Center (MCRC) Waco 1 1,735,083 1,388,066 347,017

Customs and Border Protection (CBP)

91,769,434 91,874,593

73,415,547 73,499,674

18,353,887 18,374,919

Immigration and Customs Enforcement (ICE) 37 20,952,155 16,761,724 4,190,431

NASA Columbia Scientific Balloon Facility (CSBF) 15 3,628,038 2,902,430 725,608

US Department of Agriculture (USDA) 12 2,134,527 1,707,622 426,905

Total 458

856,558,184 856,663,343

685,246,547 685,330,674

171,311,637 171,332,669

FFP Naval Air Station Kingsville (Nueces) 3 1,474,036 0003 1,179,229 0004 294,807

FFP NASA Johnson Space Center

(JSC)

191,545,028 0005 153,236,022 0006 38,309,006

FFP

Block and

RTSPP

Army/Air Force Exchange Service (AAFES) 12 66,702,556 0007 53,362,045 0008 13,340,511

Strategic Petroleum Reserve (SPR) – Bryan Mound

2 46,198,153 18,842,000 0009 36,958,522

15,073,600 0010 9,239,631 3,768,400

RTSPP Dyess Air Force Base 9 178,022,862 00011 142,418,290 0012 35,604,572 See I.9 Holdover N/A 0 0025 100% Retail 0025 0% CFE

Total 495

1,340,500,819 1,313,249,825

1,072,400,655 1,050,599,860

268,100,164 262,649,965

* All CFE CLINs shall be priced as FFP. Retail electricity CLINs shall be priced as FFP, FFP Block and RTSPP, or RTSPP.

SPE60423R0400 0002 Page 10 of 68

Section B, Table 2: Supplies to be furnished (60% retail electricity and 40% CFE)

Option B:

60% Retail Electricity

Option B:

40% CFE

Type of Price* Location / Installation Name # of

Accounts

Total Electricity

Requirement (kWh)

Retail

CLIN

60% Retail Electricity

(kWh)

CFE

CLIN 40% CFE (kWh)

FFP

Army Reserves 36 56,400,000

33,840,000

22,560,000 Fort Hood 2 60,815,974 36,489,584 24,326,390 Texas Air National Guard 147th 3 30,332,883 18,199,730 12,133,153

Texas Air National Guard 149th 3 386,889 232,133 154,756

Naval Air Station Kingsville 20 86,439,418 51,863,651 34,575,767 NAS JRB Fort Worth 3 158,150,535 94,890,321 63,260,214 Navy Reserves – Fort Worth & Harlingen

3,628,928 1,893,845

2,177,357 1,136,307

1,451,571 757,538

Naval Air Station Corpus Christi 5 341,038,303 204,622,982 136,415,321

Marine Corps Reserve Center (MCRC) Galveston 1 881,100 528,660 352,440

Marine Corps Reserve Center (MCRC) Waco 1 1,735,083 1,041,050 694,033

Customs and Border Protection (CBP)

91,769,434 91,874,593

55,061,660 55,124,756

36,707,774 36,749,837

Immigration and Customs Enforcement (ICE) 37 20,952,155 12,571,293 8,380,862

NASA Columbia Scientific Balloon Facility (CSBF) 15 3,628,038 2,176,823 1,451,215

US Department of Agriculture

(USDA) 12 2,134,527 1,280,716 853,811

Total 458

856,558,184 856,663,343

513,934,910 513,998,006

342,623,274 342,665,337

FFP Naval Air Station Kingsville (Nueces) 3 1,474,036 0015 884,422 0016 589,614

FFP NASA Johnson Space Center

(JSC)

191,545,028 0017 114,927,017 0018 76,618,011

FFP

Block and

RTSPP

Army/Air Force Exchange Service (AAFES) 12 66,702,556 0019 40,021,534 0020 26,681,022

Strategic Petroleum Reserve (SPR) – Bryan Mound 2 46,198,153

18,842,000 0021 27,718,892 11,305,200 0022 18,479,261

7,536,800 RTSPP Dyess Air Force Base 9 178,022,862 0023 106,813,717 0024 71,209,145 See I.9 Holdover 0 - 0025 100% Retail 0025 0% CFE

Total 495

1,340,500,819 1,313,249,825

804,300,491 787,949,895

536,200,328 525,299,930

* All CFE CLINs shall be priced as FFP. Retail electricity CLINs shall be priced as FFP, FFP Block and RTSPP, or RTSPP.

SPE60423R0400 0002 Page 11 of 68

Specifics for each line item are provided in the Installation Data Sheet. The information includes: (1) Line-Item Number, (2) Location, (3) Local Electric Utility, (4) Current Tariff Rate, (5) Utility Account Number; and (7) Monthly Consumption and Demand Data.

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

(d) The Government is soliciting offers for a 36-month delivery period (from the meter read date occurring in the month of January 2024 through the meter read date occurring in the month of January 2027). For SPR (CLINs 0009/0010 & 0021/0022), the January 2024 meter read date is anticipated to occur on or around January 31, 2024.

(e) The Government is soliciting offers for FFP, FFP Block-rate and RTSPP, and RTSPP Requirements type contract(s).

All CFE CLIN and Retail FFP CLIN pricing shall include: All competitive retail charges and supply costs to the service point, as defined in F.2, anticipated to be in effect during the delivery period to include:

energy, nodal congestion, nodal ancillaries (including Reliability Unit Commitment (RUC) and Reliability Must Run (RMR)), and transmission and distribution losses, and Congestion Revenue Rights (CRR) credits.

All CFE CLIN and Retail FFP CLIN pricing shall NOT include: TDSP charges, GRT, PUCA, ERCOT Contingency Reserve Service, ERCOT Securitization Default Charges, and ERCOT Securitization Uplift Charges. All charges not included in the FFP shall be a direct pass-through with no additional markup.

Retail FFP Block-rate and RTSPP CLINs (NASA JSC (portion), AAFES, and SPR): See Clause B.2

Retail RTSPP only CLIN pricing (Dyess AFB): See Clause B.3

(f) During the performance period, any of the installations identified in Section B Tables 1 and 2 may elect to enroll in a demand response program with a third-party DRP. The Contractor will be notified of any such enrollment with a third-party DRP and be required to facilitate the Government’s participation by applying any applicable credit from the third-party DRP to the invoice(s) of the participating accounts. Upon enrollment, the DRP will be provided the Contractor’s contact information.

When a credit is applicable, the DRP will send a check to the Contractor to be credited to the participating installation.

(g) NASA JSC (CLINs 0005/0006 & 0017/0018): NASA JSC has a CHP behind ESID 1008901000183000017100 generating 11.9 MW total (2 x 5.7 MW gas turbines and a 500 kW backpressure steam turbine), which began full operation in June 2018. In the event of CHP failure, the immediate requirement for stand-by power would range from approximately 0.5 MW to 11.9 MW depending on what piece of equipment may have failed. Scheduled maintenance includes taking down one turbine for 17 days each February and one turbine for 17 days each November.

(h) DYESS AFB (CLINs 0011/0012 & 0023/0024): Dyess AFB has 11MW of diesel on-site generation used to supplement episodes of higher 4CP type loads (primarily during summer months) and for participation in the ERCOT Emergency Response Service demand response program to support reductions up to 7.5MW. As a secondary function, the generation is used for emergency and/or back-up generation (the installation data sheets show the indicative customer usage with on-site generation).

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

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(i) Holdover (CLIN 0025): has specific conditions for delivery eligible under the terms listed in ‘I.9 Holdover’; should the supply of electricity be delivered under the terms of this CLIN, the period of performance shall be no later than April 2027.

B.2 FIRM FIXED-PRICE BLOCKS (ELECTRICITY)

(a) ELECTRICITY. A portion of the electricity to be supplied under the contract shall be from blocks in accordance with paragraph (1) below. The total amount charged by the Contractor each month shall equal the sum of charges for: (a) Electricity, (b) the Transaction Fee, and (c) Other Market Charges.

(1) FFP Blocks.

(i) For the kWh the Contractor supplies pursuant to Attachment(s) VII, VIII, and IX titled “Block Purchase Schedule”, the Government shall pay the Contractor the product of a FFP per kWh (around-the clock, on-peak, or off-peak as applicable) and the number of kWhs supplied from the block.

The Government reserves the right to modify the “Block Purchase Schedule” to direct the Contractor to provide additional kWhs from FFP blocks, without change to the Contractor’s Transaction Fee. Upon modification of the “Block Purchase Schedule,” the Contractor will propose a FFP of kWhs to be supplied from any additional block the Contractor acquires due to the modification. If the Government accepts the Contractor’s proposed price for additional kWhs, the contract will be modified to reflect that price for the additional block(s). The Government may decline the proposal if it determines the proposed price, or any other aspect of the Contractor’s proposal is unsatisfactory.

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

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

(iv) All FFP blocks shall be priced as follows:

For AAFES and SPR: the ERCOT Load Zone through which the account is served For NASA JSC: the ERCOT Houston Hub

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

(2) Quantities Outside Blocks of Electricity.

(i) Pricing for quantities shall be as follows:

AAFES and SPR: Priced at the relevant ERCOT Load Zone RTSPP NASA JSC: Priced at ERCOT Houston Hub RTSPP If, in any Settlement Period, consumption of retail electricity is below or above the sum of kWhs supplied from blocks, the Contractor shall charge the Government in accordance with the methodology specified in Sections (2)(ii) and (2)(iii) of this contract text, respectively.

(ii) If, in any Settlement Period, an Electricity Deficiency occurs, an Electricity Deficiency Adjustment shall be made. Electricity Deficiency means the deficit in the Government’s Actual Consumption for the Settlement Period (less the awarded percentage of CFE) as measured against the sum of the electricity associated with the electricity blocks for the Settlement Period, i.e., the Benchmark Quantity. Electricity Deficiency is calculated by subtracting the Actual Consumption for a Settlement Period (less the awarded percentage of CFE) from the Settlement Period Benchmark Quantity for that period. The Electricity Deficiency Adjustment is a credit to the Government unless the RTSPP value is negative in which case the Electricity Deficiency Adjustment would appear as a charge.

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Expressed as a formula, the Electricity Deficiency Adjustment is EDA = ED x RTSPP, where-- EDA is the Electricity Deficiency Adjustment ED is the Electricity Deficiency RTSPP is the relevant ERCOT Zone RTSPP (for AAFES and SPR); or the Houston Hub RTSPP (for NASA JSC) value as posted on ERCOT’s website.

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

(iii) If, in any Settlement Period, Excess Electricity is consumed, an Excess Electricity Adjustment shall be made. Excess Electricity means the excess in the Government’s Actual Consumption for the Settlement Period (less the awarded percentage of CFE) as measured against the Settlement Period Benchmark Quantity. Excess Electricity is calculated by subtracting the Settlement Period Benchmark Quantity from the Actual Consumption for the Settlement Period (less the awarded percentage of CFE). The Excess Electricity Adjustment is a charge to the Government unless the RTSPP value is negative in which case the Electricity Deficiency Adjustment would appear as a credit.

Expressed as a formula, the Excess Electricity Adjustment is EEA = EE x RTSPP, where-- EEA is the Excess Electricity Adjustment EE is the Excess Electricity RTSPP is the relevant ERCOT Zone RTSPP (for AAFES and SPR); or the Houston Hub RTSPP (for NASA JSC) value as posted on ERCOT’s website.

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

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

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

(1) Applicable only to AAFES:

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

(ii) PUCA Charges: All PUC related charges shall be a direct passthrough to the Government with no additional markup.

(iii) GRT: Charges related to the Texas GRT shall be a direct passthrough to the Government with no additional markup.

(iv) Transmission / Distribution Losses: All charges for either transmission line losses or distribution line losses, for the awarded percentage of retail electricity only, shall be a direct pass-through to the Government with no additional markup. Transmission and Distribution Line Losses are to

SPE60423R0400 0002 Page 14 of 68 be calculated in a manner consistent with methodologies defined by ERCOT. Losses should be applied to the net metered volume as reported by the TDSP.

(v) ERCOT Securitization Charges: All ERCOT Securitization Default Charges and ERCOT Securitization Uplift Charges shall be a direct passthrough to the Government with no additional markup.

(vi) ERCOT Contingency Reserve Service: All ERCOT Contingency Reserve Service charges shall be a direct pass-through to the Government with no additional markup.

(2) Applicable only to NASA JSC:

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

(ii) PUCA Charges: All Public Utility Commission related charges shall be a direct passthrough to the Government with no additional markup.

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

(iv) GRT: Charges related to the Texas GRT shall be a direct passthrough to the Government with no additional markup.

(v) Transmission/Distribution Losses: All charges for either transmission line losses or distribution line losses, for the awarded percentage of retail electricity only, shall be a direct pass-through to the Government with no additional markup. Transmission and Distribution Line Losses are to be calculated in a manner consistent with methodologies defined by ERCOT. Losses should be applied to the net metered volume as reported by the TDSP.

(vi) ERCOT Securitization Charges: All ERCOT Securitization Default Charges and ERCOT Securitization Uplift Charges shall be a direct passthrough to the Government with no additional markup.

(vii) ERCOT Contingency Reserve Service: All ERCOT Contingency Reserve Service charges shall be a direct pass-through to the Government with no additional markup.

(3) Applicable only to SPR:

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

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

(iii) GRT: Charges related to the Texas GRT shall be a direct passthrough to the Government with no additional markup.

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

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

(v) ERCOT Securitization Charges: All ERCOT Securitization Default Charges and ERCOT Securitization Uplift Charges shall be a direct passthrough to the Government with no additional markup.

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(vi) Ancillary Services: For the awarded percentage of retail electricity only, all other ERCOT market charges (and any applicable credits) not identified in Paragraphs (a) and (b), shall be treated as a direct pass-through with no additional markup.

(vii) ERCOT Contingency Reserve Service: All ERCOT Contingency Reserve Service charges shall be a direct pass-through to the Government with no additional markup.

B.3 REAL-TIME SETTLEMENT POINT PRICE (ELECTRICITY)

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

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

(b) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total energy consumption in that month (metered load less the awarded percentage of CFE). Payment of this fee shall compensate the Contractor for all services performed and costs incurred, as well as all retail service charges, fees, and applicable taxes associated with supplying energy to the Point of Delivery. The Transaction Fee shall not include any charges identified in Paragraphs (a) Energy or (c) Other Market Charges; of this clause. The price of the fixed fee shall remain constant throughout the contract term.

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

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

(2) PUCA Charges: All PUC related charges shall be a direct passthrough to the Government with no additional markup.

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

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

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

(5) ERCOT Securitization Charges: All ERCOT Securitization Default Charges and ERCOT Securitization Uplift Charges shall be a direct passthrough to the Government with no additional markup.

(6) ERCOT Contingency Reserve Service: All ERCOT Contingency Reserve Service charges shall be a direct pass-through to the Government with no additional markup.

SPE60423R0400 0002 Page 16 of 68

(d) RTSPP. In the event the ERCOT RTSPP or any other tariff 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 Far 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES clause of the contract.

B.4 CONTRACT PRICE CONVERSION (ELECTRICITY)

APPLICABLE ONLY TO Dyess AFB (CLINs 0011/0012 & 0023/0024)

(a) At any time during contract performance, the Government may request that the Contractor convert any RTSPP-based contract line-item number(s) to a FFP for a specific delivery month(s) or for the remainder of the period of performance, based on the historical usage identified in the Installation Data Sheets.

(b) Upon such a request, the Government and Contractor may hold price negotiations. If the parties agree on a FFP, the contract will be modified to reflect that price.

SECTION C – STATEMENT OF WORK/SPECIFICATIONS

C.1. GENERAL PERFORMANCE REQUIREMENTS.

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

(b) The total electricity requirement shall be fulfilled with the awarded percentages of retail electricity and CFE. CFE may be met with either Purchased CFE, Purchased EACs, or a combination of the two as identified in the CFE Supply Plan.

C.2. CFE PERFORMANCE REQUIREMENTS.

(a) CFE SUPPLY. The Contractor shall supply CFE from resources that produce CFE; were placed into service on or after October 1, 2021, either as a new resource or as new capacity at an existing resource modified to increase output; and deliver CFE to the same grid region (ERCOT) of Federal facility consumption. Any Purchased EACs used to satisfy the CFE requirement shall meet these same requirements, but may be generated within six months prior to or three months after the Annual CFE Compliance Year.

SPE60423R0400 0002 Page 17 of 68

(b) CFE COMPLIANCE YEAR. The Annual CFE Compliance Year is October 1 through September 30.

(c) ENVIRONMENTAL ATTRIBUTES. The Government shall own and retain the rights to the environmental attributes associated with the purchase of CFE under the contract. The Contractor shall guarantee that the environmental attributes associated with the CFE shall not be sold, transferred, or retired on behalf of any party, other than the Government. No later than January 31 of each year, the Contractor shall deliver all EACs necessary to meet the CFE requirement for the most recent Annual CFE Compliance Year to the Delivery Address(es) defined in Table 1. The Contractor shall deliver all EACs necessary to meet the CFE requirements for the period from October 1, 2026 through January 31, 2027 no later than May 31, 2027.

Section C Table 1: EAC Delivery Addresses

Location / Installation Name EAC Delivery Address Army Reserves Fort Hood Texas Air National Guard 147th Texas Air National Guard 149th Naval Air Station Kingsville Naval Air Station Corpus Christi NAS JRB Fort Worth Navy Reserves – Fort Worth & Harlingen Marine Corps Reserve Center (MCRC) Galveston

Customs and Border Protection (CBP) Immigration and Customs Enforcement (ICE) NASA Columbia Scientific Balloon Facility

(CSBF)

US Department of Agriculture (USDA) Naval Air Station Kingsville (Nueces) NASA Johnson Space Center (JSC) Army/Air Force Exchange Service (AAFES) Strategic Petroleum Reserve (SPR) – Bryan Mound

Dyess Air Force Base

(d) ATTESTATION. For the total amount of CFE purchased by the Government during the reporting period defined in paragraph (e), the Contractor shall ensure complete the proper completion of, and submit, Attachment II - Attestation Forms.

(1) All submitted Attestation Forms shall affirm that the environmental attributes associated with the CFE purchased:

(i) Will not be separately sold, marketed, or otherwise represented as CFE;

(ii) Will not be used to meet any federal, state, or local renewable energy mandate;

(iii) Were transferred to the Government or permanently retired on the Government’s behalf; and

(iv) Complied with the vintage, region and on-line date identified in paragraph C.2(a)

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(v) Attestation Forms shall also clearly state the following information about each qualifying CFE generation resource and/or purchased EAC:

A) The total quantity (in kWh) supplied during the period of delivery B) For each associated generating facility:

a. Name

b. Address

c. ID Number

d. eGRID subregion that facility is located

e. Point of contact and contact information

f. Fuel type

g. Capacity

h. Date first operational

i. NOx emissions

j. Period of delivery

(e) CFE REPORT. The Contractor shall provide to the Contracting Officer CFE Reports documenting the quantity of CFE supplied to the Government as follows:

Reporting Period CFE Report Deadline January 2024 - March 2024 June 30, 2024

April 2024 - June 2024 September 30, 2024 July 2024 - September 2024 December 31, 2024 October 2024 - March 2025 June 30, 2025

April 2025 – September 2025 December 31, 2025 October 2025 - March 2026 June 30, 2026 April 2026 - September 2026 December 31, 2026 October 2026 – January 2027 April 30, 2027

(1) Each CFE Report shall affirm and clearly state the following information for each installation supplied:

(i) The total quantity of retail electricity (in kWh) supplied to each installation during the reporting period;

(ii) The CFE percentage of the total retail electricity supplied to each installation during the reporting period;

(iii) The total quantity of purchased CFE and/or purchased EACs (in kWh) supplied to each installation during the reporting period;

(iv) 24/7 CFE supply, the % CFE match that was supplied that matched the total load in each hour; and

(v) For EACs supplied to each installation, the address(es) to which the EACs were delivered.

C.3. METERING AND METER READING SERVICES. Will be provided by the incumbent UDC for each account.

C.4. SCHEDULING AND SUPPLY MANAGEMENT. It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the delivery period specified herein. The Contractor shall be

SPE60423R0400 0002 Page 19 of 68 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.

C.5. ORDERING. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. See Section F for Ordering Procedures.