SPE60423R0400 Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000157919

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE604-23-R-0400

5. SOLICITATION NUMBER

2022 DEC 16

6. SOLICITATION ISSUE

DATE

My-Ngoc Pham DMP0057

a. NAME

Phone:

b. TELEPHONE NUMBER (No Collect calls)

2023 FEB 14

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

221118NAICS:

250 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

SPE60423R0400 Page 2 of 65

ERCOT 2023

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 Page 3 of 65

“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 Page 4 of 65

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 Page 5 of 65

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 3,628,928 2,903,142 725,786

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

Customs and Border Protection (CBP) 318 91,769,434 73,415,547 18,353,887

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 458 856,558,184 685,246,547 171,311,637

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 0009 36,958,522 0010 9,239,631

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 1,072,400,655 268,100,164

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

SPE60423R0400 Page 6 of 65

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 3,628,928 2,177,357 1,451,571

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

Customs and Border Protection (CBP) 318 91,769,434 55,061,660 36,707,774

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 458 856,558,184 513,934,910 342,623,274

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 0021 27,718,892 0022 18,479,261

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 1,340,500,819 804,300,491 536,200,328

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

SPE60423R0400 Page 7 of 65

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.

All CFE CLIN and Retail FFP CLIN pricing shall NOT include: TDSP charges, GRT, PUCA, 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.

SPE60423R0400 Page 8 of 65

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

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

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

SPE60423R0400 Page 9 of 65

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

Expressed as a formula, the Excess Electricity Adjustment is EEA = EE x RTSPP, where-- EEA is the Excess Electricity Adjustment EE is the Excess Electricity RTSPP is the relevant ERCOT 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 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 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.

SPE60423R0400 Page 10 of 65

(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.

(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 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.

(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 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.

(vi) Ancillary Services: All other ERCOT market charges (and any applicable credits), shall be treated as a direct pass-through 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

SPE60423R0400 Page 11 of 65 the metered load for the account. The metered load should be increased for the current Transmission Line Losses to the same Load Zone calculated in a manner consistent with the methodologies defined by ERCOT and applicable transmission line loss factors posted by ERCOT, and distribution line losses using the current distribution line loss factors for the voltage level at which the account receives services as posted by ERCOT. There shall be no separate or additional charge for congestion.

(b) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total energy consumption in that month (metered load). 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 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.

(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.

SPE60423R0400 Page 12 of 65

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.

(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

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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, the Contractor shall complete 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)

(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:

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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 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. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

C.6. 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.

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C.7. 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 account’s total electricity requirement (if available) and the two parties shall enter 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.

C.8. SPR Bryan Mound. Under normal conditions, the SPR Bryan Mound operates attempting to use minimal power (< 1MW) in day-to-day operations. Power usage may peak to 4 or 5 MW for a few hours because of pump/motor testing or fluid movements within the site. Aside from this, there are three possible conditions that may require additional power:

(1) In the event of a Reserve Drawdown the Contractor will be required to supply up to 24 MW of power. When a Reserve Drawdown is required, the Government will notify the Contractor as soon as an alert level is set (anticipated to be within hours of the notification). There are 3 alert levels.

Alert level one means that, due to world events, there is a chance the SPR may go into a drawdown sometime in the future. This level can last for days, or sometimes months, and result in either the cancellation of the alert or a move to the next level. Alert level two means that the situation has worsened and there is a greater likelihood that the SPR may go into a Reserve Drawdown. This level can also be either long or short in duration and, in the event of an emergency, even skipped. The Contractor will again be notified following a move to alert level two. Alert level three means that the President has directed a Reserve Drawdown to occur. The Government will immediately notify the Contractor and subsequent discussions may take place as additional details become available. The requirement for commencement of drawdown and need for the addition power is 13 days from when the President directs the SPR to drawdown (initial point of Alert level 3) until the first oil is moved.

(2) The SPR has been conducting non-emergency oil sales as authorized by Congress. These sales started in 2017 and will continue on an annual basis until 2031. These sales typically occur for two months each spring and two months each fall. It is not typical to conduct a sale during peak summer months. Typical power required for an oil sale is 12 MW or less. Normally the Contractor will be given a 30-day notice of such an oil sale event.

(3) The SPR has been supplying crude oil during disasters such as hurricanes and degraded economic conditions that do not rise to the level of a Presidential ordered draw down. Typical power required for such an event is 12 MW or less. These type events require quick movement and often the Contractor will only be given a week or less notice of such a requirement to supply oil to the market.

SECTION D – PACKAGING AND MARKING

Not Applicable.

SECTION E – INSPECTION AND ACCEPTANCE

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

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SECTION F – DELIVERIES OR PERFORMANCE

F.1. 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.

F.2. 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.

F.3. DELIVERY TERM. The meter read date occurring in the month of January 2024 through the meter read date occurring in the month of January 2027. For the Holdover CLIN, the Contractor shall not be required to make any deliveries under this contract after APRIL 2027.

F.4. ORDERING PROCEDURES. Delivery or performance shall be made only as authorized by orders. For the purposes of this contract, the instantaneous load at the service point, as described in the individual Installation Data Sheets, shall constitute an order for electricity to be furnished under this contract.

Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. INVOICE AND PAYMENT. In addition to the the requirements included in FAR 52.212-4(g) and (i), the following billing and payment procedures apply.

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

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

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

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

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

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

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

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

https://www.puc.texas.gov/industry/electric/rates/tdr.aspx. Standard UDC/TDSP tariff titles of each rate shall be used.

The following shall be provided, per element, with each UDC/TDSP “pass through” charge as indicated in Section B.1:

a. usage

b. rate

c. charge

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

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

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

(10) All supporting documentation is required before payment will be made. Fort Hood has a checklist (Attachment V – Fort Hood Invoice Verification Checklist) that is used for invoice verification.

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

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

(13) As applicable, any Transaction Fee (B.2 and/or B.3), or Retail Adder (I.9) shall be billed as a separate line item on the invoice.

(14) For Dyess AFB, 15-minute actual metered usage shall be provided in addition to 15-minute loss adjusted metered usage.

(15) For CBP, a separate invoice must be provided for each individual account.

(b) PAYMENT OFFICES. The payment offices for each installation awarded under any resultant contract will be identified below:

https://www.puc.texas.gov/industry/electric/rates/tdr.aspx

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Location / Installation Name Billing Address Billing POC 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

(c) INVOICING – NAVY SERVICE POINT ID. Invoices for the ESID numbers identified in Attachment VI – Navy Service Point ID List shall include the Service Point ID (SPID) identified in Attachment VI. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Excel. The Contractor shall provide to DLA Energy or to any party designated by DLA Energy, interval data (for those accounts with an interval meter) in Microsoft Excel format, on a monthly basis throughout the entire delivery term of any resultant contract.

(d) INVOICING – NASA CSBF

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

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

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

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

(1) Information listed in G.1(a) Invoice and Payment above.

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

(3) The UDC/TDSP billing page shall contain the information in item (9) of Paragraph G.1(a).

above.

(4) The Contractor may provide the demand information referenced in item (5) of G.1(a) above at the meter level as presented to the supplier by the UDC.

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

(6) The billing package is to be e-mail addresses identified in G.1(b).

G.2. RECORD KEEPING. The Contractor shall keep records of retail electricity and CFE supply data required to bill in accordance with the utility tariff of each account in an electronic database format compatible with Microsoft Access or a spreadsheet format compatible with Microsoft Excel.