SPE60423R0400 0007 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 SEP 13

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

NAICS: 221112

SIZE STANDARD: 950 Employees

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

FEA9082

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SPE60423R0400 0007 Page 2 of 60

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:

“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.

“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).

“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 CHP Combined heat and power CLIN Contract line item DLA Defense Logistics Agency DOD Department of Defense DRP Demand Response Provider 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 RFP Request for proposals

SPE60423R0400 0007 Page 3 of 60

RTO Regional Transmission Operator RTSPP Real-Time Settlement Point Price TDSP Transmission/Distribution Service Provider UDC Utility Distribution Company

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES TO BE FURNISHED (RETAIL ELECTRICITY)

(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 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 for the installations listed in Table 1 below. The Government intends to award on a CLIN basis as stated in Table 1 below.

SPE60423R0400 0007 Page 4 of 60

Section B, Table 1: Supplies to be furnished

Type of Price*

Retail CLIN Location / Installation Name # of

Accounts

Total Electricity Requirement

(kWh)

FFP

0001 Army Reserves 36 56,400,000

0002 Fort Cavazos 2 60,815,974

0003 Texas Air National Guard 147th 3 30,332,883

0004 NAS Kingsville (TX ANG 149th FW) 3 386,889

0005 Naval Air Station Kingsville 20 86,439,418

0006 NAS JRB Fort Worth 3 158,150,535

0007 Navy Reserves – Fort Worth & Harlingen 2 1,893,845

0008 Naval Air Station Corpus Christi 5 341,038,303

0009 Marine Corps Reserve Center (MCRC) Galveston 1 881,100

0010 Marine Corps Reserve Center (MCRC) Waco 1 1,735,083

0011 Customs and Border Protection (CBP) 319 91,874,593

0012 Immigration and Customs Enforcement (ICE) 37 20,952,155

0013 NASA Columbia Scientific Balloon Facility (CSBF) 15 3,628,038

0014 US Department of Agriculture (USDA) 12 2,134,527

0015 Naval Air Station Kingsville (Nueces) 3 1,474,036

0016 NASA Johnson Space Center (JSC)

174,708,070

FFP

Block and

RTSPP

0017 Army/Air Force Exchange Service (AAFES) 12 66,702,556

0018 Strategic Petroleum Reserve (SPR) – Bryan Mound 2 18,842,000

RTSPP 0019 Dyess Air Force Base 9 178,022,862

See I.9 0020 Holdover N/A 0

Total 495 1,296,412,867

SPE60423R0400 0007 Page 5 of 60

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 (CLIN 0018), 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).

(1) All Retail FFP CLIN pricing shall include: All competitive The following 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 and all costs associated with operating and maintaining a Retail Electric Provider and/or Qualified Scheduling Entity, including the cost of complying with the PUCT, ERCOT and TDSP credit and collateral requirements.

(2) All Retail FFP CLIN pricing shall NOT include: TDSP charges, GRT, PUCA, and any retail charges and supply costs to the Service Point unless specifically identified in B.1, Subparagraph (e)(1).ERCOT Contingency Reserve Service, ERCOT Securitization Default Charges, ERCOT Securitization Uplift Charges, and costs directly associated with meeting the requirements of the Texas Renewable Portfolio Standard (RPS). All charges not included in the FFP shall be a direct pass-through with no additional markup.

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

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

(f) During the performance period, any of the installations identified in Section B Table 1 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 (CLIN 0016): 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.

SPE60423R0400 0007 Page 6 of 60

(h) DYESS AFB (CLIN 0019): 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.

(i) Holdover (CLIN 0020): 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 as measured against the sum of the electricity associated with the electricity blocks for the Settlement Period, i.e., the Benchmark Quantity. Electricity Deficiency

SPE60423R0400 0007 Page 7 of 60 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 unless the RTSPP value is negative in which case the Electricity Deficiency Adjustment would appear as a charge.

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 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 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 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. All costs associated with operating and maintaining a Retail Electric Provider and/or a Qualified Scheduling Entity, including the cost of complying with the PUCT, ERCOT and TDSP credit and collateral requirements, shall be included in the Transaction Fee and cannot be passed through to the Government. For CLIN 0016 NASA JSC Only, the Transaction Fee shall include hub to load zone congestion.

(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:

TDSP charges, GRT, PUCA, transmission and distribution losses, and any retail charges and supply costs to the Service Point (as defined in F.2) except for energy (as defined in B.2, Paragraph (a)).

(1) Applicable only to AAFES (CLIN 0017):

(i) UDC/TDSP Charges: Any and all transmission and distribution related changes

SPE60423R0400 0007 Page 8 of 60 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 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 pass-through 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.

(vii) RPS: All costs directly associated with meeting the requirements of the Texas Renewable Portfolio Standard (RPS) shall be a direct pass-through to the Government.

(2) Applicable only to NASA JSC (CLIN 0016):

(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) 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 pass-through 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.

(viii) RPS: All costs directly associated with meeting the requirements of the Texas Renewable Portfolio Standard (RPS) shall be a direct pass-through to the Government.

(3) Applicable only to SPR (CLIN 0018):

(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.

SPE60423R0400 0007 Page 9 of 60

(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 pass-through to the Government with no additional markup.

(vi) Ancillary Services: All other ERCOT market charges (and any applicable credits) not identified in Paragraphs (a) and (b), to include Reliability Unit Commitment (RUC), 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.

(viii) RPS: All costs directly associated with meeting the requirements of the Texas Renewable Portfolio Standard (RPS) shall be a direct pass-through to the Government.

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. 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. All costs associated with operating and maintaining a Retail Electric Provider and/or a Qualified Scheduling Entity, including the cost of complying with the PUCT, ERCOT and TDSP credit and collateral requirements, shall be included in the Transaction Fee and cannot be passed through to the Government. 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:

TDSP charges, GRT, PUCA, transmission and distribution losses, and any retail charges and supply costs to the Service Point (as defined in F.2) except for energy (as defined in B.2, Paragraph (a)).

(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

SPE60423R0400 0007 Page 10 of 60 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.

(7) RPS: All costs directly associated with meeting the requirements of the Texas Renewable Portfolio Standard (RPS) shall be a direct pass-through to the Government.

(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 (CLIN0019)

(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 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

SPE60423R0400 0007 Page 11 of 60 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.

C.2. RESERVED.

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.

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

SPE60423R0400 0007 Page 12 of 60 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 15 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 15 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.

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

SPE60423R0400 0007 Page 13 of 60 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)).

(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.

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

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(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 Cavazos has a checklist (Attachment V – Fort Cavazos 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:

Location / Installation Name Billing Address Billing POC Army Reserves Fort Cavazos

Texas Air National Guard 147th NAS Kingsville (TX ANG 149th FW)

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)

SPE60423R0400 0007 Page 15 of 60

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.

(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).

(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.

SPE60423R0400 0007 Page 16 of 60

G.2. RECORD KEEPING. The Contractor shall keep records of retail electricity 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. Upon request, these records shall be made available to DLA Energy or to any party designated by DLA Energy as authorized to request this data throughout the entire delivery term of any resultant contract.

(a) For accounts with an electricity meter that collects interval (i.e., hourly) electricity consumption data, the Contractor shall keep records of hourly retail electricity consumption data in Microsoft Excel format throughout the entire delivery term of any resultant contract. The Contractor shall make available on request said hourly retail electricity consumption data to DLA Energy or to any party designated by DLA Energy as authorized to request this data.

(b) RESERVED.

(c) RESERVED.

(d) The Contractor shall store all historical electricity data (including data required to bill in accordance with the utility tariff, hourly retail electricity consumption data) for the duration of the contract for this purpose.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY)

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

Part II – Contract Clauses

SECTION I – CONTRACT CLAUSES

FAR/DFARS CLAUSES INCORPORATED BY FULL TEXT

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) (TAILORED)

(a) INSPECTION/ACCEPTANCE. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) ASSIGNMENT. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

SPE60423R0400 0007 Page 17 of 60

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) CHANGES. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) DISPUTES. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) DEFINITIONS. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) EXCUSABLE DELAYS (Tailored). The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or transmission failure. An excusable delay or similar event suffered by an independent service operator (ISO) (or an equivalent of an ISO) or a utility distribution company (or electric distribution company or transmission distribution services provider) shall constitute an excusable delay hereunder. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly provide notice to the Contracting Officer of the cessation of such occurrence. Upon delivery of notice of the occurrence of an excusable delay, the obligations of the Contractor shall be suspended to the extent affected by such excusable delay.

(g) INVOICE. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by

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Electronic…