SPE60424R0400 0001.pdf

New England 2024 0001 Amendment 0001 SPE60424R0400 Request For Proposal (RFP) / Solicitation Page 2

SECTION A – STANDARD FORM (SF) 1449 ON PAGE 1

SECTION B – CONTINUATION BLOCK OF SF 1449

Questions regarding this solicitation must be submitted in writing via email to DLAEnergyEteam@dla.mil dlaenergy.eteam@dla.mil no later than January 22, 2024. The Government may not provide answers prior to the date and time provided on SF 1449, block 8.

CONTINUATION OF SF 1449, BLOCK 8 OFFER DUE DATE

This date refers only to the non-price proposal requirements of this Request for Proposal (RFP). Offerors shall submit all Non-Price Proposal elements and all other required documents pursuant to Section L Section E of this RFP. Offerors are encouraged to submit their proposals early as pricing is not required prior to the date/time defined in SF 1449, Block 8.

Prospective offeror’s are encouraged to review Federal Acquisition Regulation 15.208 regarding timely submission of offers. Specifically, please be aware that it is the offeror’s responsibility to ensure that their offer is received at the designated Government office prior to the solicitation closing. Submission of offers by electronic commerce (e.g. e-mail or fax) is governed by FAR 15.208(b)(1)(i). If an offeror electronically submits its offer on the day the solicitation closes, then timeliness will be determined based on whether or not the offer was actually received prior to closing. In that situation, the offeror will bear the risk of any delay in the transmission of their offer (e.g. offeror clicked “send” prior to the closing of the solicitation, but the e-mail did not arrive until after the time for closing), and offers not actually received prior to closing will be late. However, pursuant to FAR 15.208(b)(1)(i), if an offeror utilizes a means of electronic commerce to send their offer and transmits it not later than 5:00 p.m. ONE DAY PRIOR to the time for closing (and can prove that they have done so), then the offeror will be protected from such unexpected transmission delays and its offer will be considered timely.

*E-mails being sent to DLA Energy by non-DoD entities during the weekdays from 0800 to 1700 may be delayed up to several hours. To minimize potential issues as a result of any e-mail delays, DLA Energy requests that any correspondence from Non-DoD Entities allow at least 24 hours to be received.

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

InOn January 10, 2024, the Government intends to posted a Request for Information (RFI), SP0604-24- 0411, in the System for Award Management (SAM), which seeks information and interest concerning how best to procure Carbon Pollution-Free Electricity (CFE) for Department of Defense and Federal Civilian customers in Independent System Operator New England (ISO-NE). The title of the posting is Carbon Pollution-Free Electricity (CFE) in Independent System Operator New England (ISO-NE).

A link to the posting can be found here: https://sam.gov/opp/b8ab4f93e69f4a24b1c08a58f60aaef9/view

B1.08 SUPPLIES TO BE FURNISHED (ELECTRICITY) (DLA ENERGY APR 2021)

(a) The contract quantities shown below are best estimates based on historical data only of the Government’s requirements for the contract period. The Contractor shall supply and deliver electricity and any ancillary services required in the STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) contract text. Contract performance shall be accomplished in accordance with the terms and conditions of this contract.

(b) As used throughout this solicitation/contract, kW means kilowatt; kWh means kilowatt-hour; and UDC means Utility Distribution Company. Below are the acronyms and full names of each utility service area, public utility commission, the applicable NERC region, and those NERC Regions that border the applicable NERC Region.

mailto:dlaenergy.eteam@dla.mil https://sam.gov/opp/b8ab4f93e69f4a24b1c08a58f60aaef9/view

SPE60424R0400 Request For Proposal (RFP) / Solicitation Page 3

RTO/ISO: Independent System Operator (ISO) – New England NERC Region: Northeast Power Coordinating Council (NPCC) Public Utility Commission: Connecticut Public Utilities Regulatory Authority Maine Public Utilities Commission Massachusetts Department of Public Utilities New Hampshire Public Utilities Commission Rhode Island Public Utilities Commission Utility Service Area: Central Maine Power Eversource Liberty Utilities National Grid

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

Tabel 1: One 12-month Base Period

CLIN1 Location/Installation Name Number of Accounts

Estimated Quantity (kWh)

Type of Electricity

0001 U.S. Army Reserves 99th Division – NH 6 1,616,243 FFP 0002 U.S. Army Reserves 99th Division – RI 5 479,548 FFP 0003 U.S. Army Reserves 99th Division – CT 8 2,995,907 FFP 0004 U.S. Army Reserves 99th Division – MA 13 4,306,658 FFP 0005 U.S. Army Reserves 99th Division – ME 4 267,263 FFP 0006 U.S. Coast Guard 14 1,775,598 FFP 0007 U.S. Coast Guard Academy 3 14,002,153 FFP 0008 Customs and Border Protection – NH 2 33,605 FFP

0009 Cold Regions Research and Engineering Laboratory (CRREL) 1 5,721,100 FFP

0010 Otis Air Force Base (AFB) 2 23,052,125 FFP 0011 Naval Station Newport 1 92,027,810 LMP 0012 Portsmouth Naval Shipyard 1 26,947,130 LMP 0013 Customs and Border Protection - ME 10 472,695 FFP 0014 Devens Army Reserve Depot 1 590,622 FFP

Total 71 174,288,457 1Contract Line Item Number (CLIN)

Table 2: Four 1-year Option Periods

CLIN1

Location/Installation Name

Number of

Accounts

Total Estimated Quantity2

(kWh)

Type of Electricity OY* 1 OY* 2 OY* 3 OY* 4

1001 2001 3001 4001 U.S. Army Reserves 99th Division – NH 6 6,464,972 LMP

1002 2002 3002 4002 U.S. Army Reserves 99th Division – RI 5 1,918,192 LMP

1003 2003 3003 4003 U.S. Army Reserves 99th Division – CT 8 11,983,628 LMP

1004 2004 3004 4004 U.S. Army Reserves 99th Division – MA 13 17,226,632 LMP

1005 2005 3005 4005 U.S. Army Reserves 99th Division – ME 4 1,069,052 LMP

1006 2006 3006 4006 U.S. Coast Guard 14 7,102,392 LMP 1007 2007 3007 4007 U.S. Coast Guard Academy 3 56,008,612 LMP

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1008 2008 3008 4008 Customs and Border Protection

– NH 2 134,420 LMP

1009 2009 3009 4009 Cold Regions Research and Engineering Laboratory

(CRREL)

1 22,884,400 LMP

1010 2010 3010 4010 Otis Air Force Base (AFB) 2 92,208,500 LMP 1011 2011 3011 4011 Naval Station Newport 1 368,111,240 LMP 1012 2012 3012 4012 Portsmouth Naval Shipyard 1 107,788,520 LMP

1013 2013 3013 4013 Customs and Border Protection

- ME 10 1,890,780 LMP

1014 2014 3014 4014 Devens Army Reserve Depot 1 2,362,488 LMP Total 71 697,153,828

1Contract Line Item Number (CLIN) 2Summation of all four option years. The estimated quantities are not expected to significantly change from year-to-year, unless detailed in the below notes.

*Option Year (OY), also referred to as Option Period

Option periods will be exercised at the discretion of the Government and are subject to the availability of funds in accordance with FAR 52.232-19.

NOTE: The (kWh) quantities in Table 1 and Table 2 were derived from Attachment I – Installation Data Sheet, which illustrates twelve months of historical usage for each account being solicited.

NOTE 2: CLIN 0003, U.S. Army Reserves 99th Division – CT, has cogeneration via a 39 KW Solar array, which affects account 51025485087. The Solar array became fully operational in 2011.

NOTE 3: CLIN 0007, U.S. Coast Guard Academy, has cogeneration via turbine, 1MW and 420kW solar array for account 51925216020. Turbine is expected to run all year with a semi annual shutdown for maintenance estimated to be 48 hours per shut down.

NOTE 4: CLIN 0009, CRREL, anticipates a significant increase to load. A new Climatic Cold Chamber (CCC) is through construction testing and use began in 2023. Future electrical load impact will depend upon degree of usage. Expect an additional 200kW of load when this facility is operating. Electrical usage will depend upon the nature of research being performed and the down time for setup, knock down, and dead time between research efforts. By 2026, it is anticipated that the Ice Engineering Facility overhaul be either complete or well under way. Ice Engineering Facility (IEF) overhaul is now estimated to be on line in 2026 to 2028. Thus, there will be no impact through 2024. A low temperature laser testing facility is in design, which will increase low temperature work loads in 2026. Expect an additional 150kW of load when the facility has research under way. A Frost Effects Load Simulator (FELS) is scheduled for installation in 2024-2025. This device will increase demand load by approximately 300kW when in operation. Electrical usage will depend upon the nature of research being performed and the down time for setup, knock down, and dead time between research efforts. These four projects will impact the electrical loads significantly. Approximately 500kW of CRREL’s load is continuous base load, including lighting, HVAC, limited heating, and base refrigeration loads.

NOTE 5: CLIN 0011, Naval Station Newport, currently has planning and design (P&D) funding in place to evaluate any/all potential cogeneration/combined heat & power options; with findings and recommendations data expected in early FY25. Existing cogeneration is being treated as a closed asset.

The contract under which it was installed doesn’t cover repairs and there is no planned contract action at this time. Additionally, a High Voltage Discount and High Voltage Metering appear on the National Grid invoice.

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NOTE 6: CLIN 0012, Portsmouth Naval Shipyard, has 2 natural gas turbines that are 5.2MW and 5.5MW respectively. A new 7.5MW turbine came online in 2022. The new turbine is prime and not standby. During the winter we would expect to run all three turbines to generate up to 18.2MW but the generation is based on a balance between steam demand and power demand, so we don’t typically run all three at their max output. In the summer we would expect to run two of the units. The numbers provided are nameplate ratings but they can actually output a little more if the weather is cold and air is dry enough. We could squeak around 19.5MW out of them if we had that level of demand. We also have two standby 2MW diesel generators that we typically only run for storm support or if we lose utility power.

We have an SOP in place to import a minimum of 1MW from the utility at all times regardless of our onsite generation so that we don’t accidentally export to the utility if we have a large swing in demand. I do want to caveat that our utility usage can vary based on CTG uptimes. We’ve had our CTG-2 down for nearly 6 months now while we come through a starting issue so our electrical utility usage has been higher than we would typically expect this time of year.

NOTE 7: CLIN 0014, Devens Army Reserve Depot, has several funded energy projects to reduce energy usage through better monitoring and occupant use. Army Climate Strategic Plan is to reduce usage year over year by 1.5%. No other significant usage changes are expected.

(d) The Government is soliciting offers for a 12-month base period beginning with the meter read date occurring in the month of May 2024, plus four one-year option periods. Specifics for each line item are provided with each individual Installation Data Sheet. The information includes: (1) Line Item Number, (2) Location, (3) Local Electric Utility, (4) Current Tariff Rate, (5) Utility Account Number; (6) Contract Performance Period, (7) Monthly Consumption and Demand Data; and (8) Interval Data. Please use the following link to access the information: SAM.Gov

(e) One 12-month base period: The Government is soliciting offers for Firm Fixed Price (FFP), Requirements Type basis for electricity CLINs 0001 – 0010, 0013 and 0014. Prices shall include the following charges: ancillary services, losses and independent system operator/regional transmission organization fees including Reliability Must Run (RMR), Locational Forward Reserve (LFR) charges, Mystic Cost-of-Service Agreement Charges, Inventoried Energy Program (IEP) costs, and all Renewable Portfolio Standard (RPS) costs (all retail supply costs) to the point of receipt as specified in this solicitation. The Government is soliciting offers for Firm Fixed Price, Requirements Type utilizing Locational Marginal Price (LMP) basis for electricity for CLINs 0011 and 0012 (See B802 below).

NOTE 8: This note only applies to the one 12-month base period. For CLINs 0001-0008, 0010, 0013 and 0014, capacity shall be included in the FFP. For CLIN 0009, Capacity shall be treated as a pass-through and calculated in accordance with B802(c)(1).

NOTE 9: Offerors may submit prices based on the requirements clause (Load Following) or in accordance with the bandwidth clause in this solicitation (I801). Both will be evaluated on an equal basis.

Prior to the Reverse Auction date and time, Offerors shall provide a statement to the Government which clearly states if their offer will use the bandwidth clause or not.

Four 1-year option periods: The Government is soliciting offers for Firm Fixed Price, Requirements Type utilizing LMP basis for electricity (See B802 below).

NOTE 10: Executive Order (EO) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, was issued on December 8, 2021. The EO requires the Government transition to 100% Carbon Pollution-Free Electricity (CFE) by 2030.

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It is the Government’s intent to maximize the amount of CFE it procures pursuant to this contract, subject to terms, conditions, and prices mutually agreed to in writing by Contractor and the Government.

Contractor shall use reasonable efforts throughout the period of performance to identify available CFE and timely present options to the Government to fulfill the Government’s energy requirements under this contract with CFE. The parties agree that such reasonable efforts do not constitute a guarantee by the Contractor that it will provide CFE.

Reasonable Efforts are defined as, at a minimum, the contractor and government mutually agree to commercial terms such as pricing, product structure, and term duration prior to the purchase of any CFE compliant with EO 14057. Contractor will supply a quarterly update on the market for PJM-based CFE compliant projects to include location, technology, pricing, and estimated COD timing, to the extent this information is known. This may also include information provided to contractor from its industry partners. Contractor will supply DLA a monthly or quarterly pricing update on commonly purchased national EAC prices. Contractor will not be expected to act as a broker.

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

**Applicable ONLY to CLINs 0011 and CLIN 0012 during the base year and all CLINS during the four 1-year option periods** The total amount charged by the Contractor (for accounts listed in Attachment I - Installation Data Sheet) each month shall equal the sum of the following components, consisting of a Transaction Fee that is fixed and therefore not subject to true-up or pass-through, an Energy charge that represents a pass-through of actual energy market charges as set forth below, and various other market charges as set forth and described below that shall provide for pass-through of various cost elements or credits at cost:

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

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

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

Payment of this transaction fee shall compensate the Contractor for all services performed and all costs incurred to supply electricity to the point of delivery, including but not limited to: the cost of ISO-NE ancillary services, RMR, RPS, LFR cost, Mystic Cost-of-Service Agreement Charges, Inventoried Energy Program (IEP) costs, Auction Revenue Rights (ARR), management costs, risk costs, profit margin, and market administration costs, whose recovery is not explicitly provided for by the separate Energy and other market charges pass-through components described below in this section. The ($/kWh) price of the fixed transaction fee shall remain constant throughout the contract term.

(c) OTHER MARKET CHARGES. All other charges, not included in the Energy or transaction fee components, are identified below and shall be passed-through to the Government with no mark-up.

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

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

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

Where:

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

[Account’s Capacity Tag] * [ 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑍𝑍𝑍𝑍𝑍𝑍𝑒𝑒′𝑠𝑠 𝑇𝑇𝑍𝑍𝐶𝐶𝐶𝐶𝑇𝑇 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑅𝑅𝑒𝑒𝑅𝑅𝑅𝑅𝐶𝐶𝑅𝑅𝑒𝑒𝑅𝑅𝑒𝑒𝑍𝑍𝐶𝐶

𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑍𝑍𝑍𝑍𝑍𝑍𝑒𝑒′𝑠𝑠 𝑇𝑇𝑍𝑍𝐶𝐶𝐶𝐶𝑇𝑇 𝑃𝑃𝑒𝑒𝐶𝐶𝑃𝑃 𝐶𝐶𝑍𝑍𝑍𝑍𝐶𝐶𝑅𝑅𝐶𝐶𝐶𝐶𝑅𝑅𝐶𝐶𝐶𝐶𝑍𝑍𝑍𝑍𝑠𝑠

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

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

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

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

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

June 1, 2021 - May 31, 2022 4.631 4.631 4.631 June 1, 2022 - May 31, 2023 3.800 3.800 3.800 June 1, 2023 - May 31, 2024 2.001 2.001 2.001 June 1, 2024 - May 31, 2025 2.611 2.477 3.980

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

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

NOTE 2: If the Supplier projects its actual incurred capacity charges to differ from the allowed capacity charges as specified in the formula, the Supplier may include such (positive or negative) difference in the Transaction Fee. The Government will not treat charge and/or credit billing line items as covered in Section III.13.7.5.1.1.1 through Section III.13.7.5.1.1.10 of Market Rule 1 as a pass-through.

(d) INDICES. In the event that the ISO-NE LMP or any other index upon which any energy price for this contract is determined ceases to publish or is substantially altered in derivation or application (including, but not limited to, the elimination of price caps), the parties shall agree upon a substitute index. If the parties fail to agree on an appropriate substitute index, the matter shall be resolved in accordance with paragraph (d), Disputes, of the FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of the contract.

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

**Applicable ONLY to CLINs 0011 and CLIN 0012 during the base year and all CLINS during the four 1-year option periods**

(a) At any time during contract performance, the Government and the Contractor can mutually agree to convert any LMP-based contract line items quantity to a firm-fixed price for a specific delivery month(s) or for the remainder of the delivery period, based on the historical usage identified in the Installation Data Sheets. Either party can initiate such a proposal for a specific delivery month(s) or for

SPE60424R0400 Request For Proposal (RFP) / Solicitation Page 8 the remaining contract period. The proposal to convert must identify the contract line item(s) for which conversion is proposed and specify a period for acceptance in LOCAL TIME, FORT BELVOIR, VIRGINIA.

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

C800 STATEMENT OF WORK/SPECIFICATIONS (ELECTRICITY) (DLA ENERGY) (JAN

2012)

(a) STATEMENT OF WORK. The Contractor shall supply electricity and any ancillary services required to deliver electricity to the point of delivery and for the scheduling and coordination of the delivery of electricity to the service point for each account under the contract. All quantities ordered by the Government shall be considered firm for delivery by the Contractor to the delivery point, and for scheduling and coordinating, for ultimate delivery to the service point for each account. Charges incurred as a result of the Contractor's failure to abide by the terms of the applicable Retail Access rules and/or the UDC Service Agreement shall be the responsibility of the Contractor. With the exception of any and all transmission and distribution related charges payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor's failure to perform in accordance with the contract), the Contractor is responsible for all costs associated with deliveries to the delivery point and the scheduling and coordination for delivery of electricity to the service point for each account under the contract. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the nondelivery of the firm requirements in accordance with paragraphs (f) and (m) of the FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause.

(b) INVOICE AND PAYMENT. The Government will utilize Consolidated Billing (UDC) for the following installations awarded as a result of this solicitation:

U.S. Army Reserves 99th Division Devens Army Reserve Depot The Government will utilize Dual Billing for the following installations awarded as a result of this solicitation:

U.S. Coast Guard U.S. Coast Guard Academy Customs and Border Protection Cold Regions Research and Engineering Laboratory (CRREL) Otis Air Force Base (AFB) Naval Station Newport Portsmouth Naval Shipyard All invoicing shall be based on metered quantities at the service point for each account. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with billing shall be the responsibility of the Contractor and shall be included as part of the offered price. The Government will not pay any additional charges for billing services. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual Billing.

CLINs 0008 and 0013 require individual invoices for each account.

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

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

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

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

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

(3) Billing period for each account

(4) Total consumption for each account

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

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

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

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

(9) Auction Revenue Rights (ARR) Credit

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

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

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

(i) Interval prices (hourly)

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

(iii) Daily Zonal Scaling Factors (as applicable)

(iv) Line Loss Factors (as applicable)

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

(vi) Service Fees ($/kWh)

(13) RECORD KEEPING. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Excel. The Contractor shall provide to DLA Energy or to any party designated by DLA Energy, interval data (for those accounts with an interval meter) in Microsoft Excel format, on a monthly basis throughout the entire delivery term of any resultant contract.

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

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

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

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

(d) SCHEDULING AND SUPPLY MANAGEMENT. It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the time period specified herein. The Contractor shall be responsible for supply management and overall coordination of production, transmission, and distribution of electrical power to the service point of each account identified in the

SPE60424R0400 Request For Proposal (RFP) / Solicitation Page 10 contract. As such, the Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract. The Government will not pay any costs associated with the Contractor's failure to deliver electrical power at the delivery point sufficient to meet the demand at the service point of each account under the contract or to schedule and coordinate for the delivery of electricity to each service point.

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

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

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

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

(i) SPECIFICATIONS. The electricity provided under this contract shall conform to the tariff of the transmitting and/or distributing utility at the delivery point(s) specified in the Schedule.

(j) ADDING FUTURE ACCOUNTS. It is possible that additional accounts not included in the solicitation may be added to the resultant contract(s). In that event, the Government will provide the Contractor with the facility’s electric requirement (if available) and the two parties shall enter into good faith negotiations to determine a price. A bilateral modification will be executed adding the line item on the Standard Form 30, Amendment of Solicitation/Modification of Award.

SECTION C – CONTRACT CLAUSES

(a) This solicitation incorporates clauses in full text, as identified below.

(b) This solicitation also incorporates clauses by reference, as identified below, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

(c) Alternatively, the full text of any FAR, DFARS, or DLAD clause may be accessed electronically at these addresses: https://www.acquisition.gov/content/regulations

CLAUSES INCORPORATED BY REFERENCE

Regulatory Number Clause Title FAR 52.203-3 Gratuities (APR 1984) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.242-13 Bankruptcy (JUL 1995) https://www.acquisition.gov/content/regulations

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DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (DEC 2022) DFARS 252.203-7003 Agency Office of the Inspector General (AUG 2019)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(JAN 2023)

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023)

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023)

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (JAN 2023) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (JUN 2023) DFARS 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders (OCT 2022) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) – Basic (DEC 2019) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JAN 2023) DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) DFARS 252.225-7021 Trade Agreements – Basic (OCT 2023)

DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten

(JAN 2023)

DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (JAN 2023)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2022) DFARS 252.244-7000 Subcontracts for Commercial Products and Commercial Services (JAN 2023) DFARS 252.247-7023 Transportation of Supplies by Sea – Basic (JAN 2023)

CLAUSES INCORPORATED IN FULL TEXT

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(ELECTRICITY) (TAILORED) (OCT 2018)

NOTE: INSTRUCTIONS HAVE BEEN TAILORED TO BE MORE CONSISTENT WITH

COMMERCIAL PRACTICE UNDER FAR PART 52.212-4. ALL OTHER INSTRUCTIONS

INCLUDED IN FAR 52.212-4 ARE HEREBY INCORPORATED BY REFERENCE (SEE BLOCK 27A

OF STANDARD FORM 1449).

(f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or transmission failure.

An excusable delay or similar event suffered by an independent service operator (ISO-New England) (or an equivalent of an ISO) or a utility distribution company (or electric distribution company or transmission distribution services provider) shall constitute an excusable delay hereunder. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly provide notice to the Contracting Officer of

SPE60424R0400 Request For Proposal (RFP) / Solicitation Page 12 the cessation of such occurrence. Upon delivery of notice of the occurrence of an excusable delay, the obligations of the Contractor shall be suspended to the extent affected by such excusable delay.

(k) TAXES.

(1) The contract price includes all applicable Federal, State, and local taxes and duties in effect at contract signing. Invoice requirements are expressed in Section B and C. If awarded, a copy of the state(s) sales tax exemption will be distributed (as needed).

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

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

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE.

(1) In accordance with all applicable state and local distribution company regulations, the Government reserves the right to terminate this contract with respect to any or all contract quantities, for its sole convenience. In the event of such termination, the Contractor shall cease deliveries hereunder with respect to such terminated contract quantities on the first allowable date subsequent to such termination according to the applicable tariff sheets of the local distribution company. The Contractor shall cause any and all of its suppliers and subcontractors to cease work related to this contract prior to the date and time specified by the Government for the termination. Subject to the terms and conditions of this contract, the Contractor shall be paid for electricity delivered under the contract prior to the date and time specified by the Government for the termination of any or all contract quantities plus any additional energy the Contractor is required to deliver for the Government’s account under applicable location distribution company tariff sheets.

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

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

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

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

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

(B) The forward market bid price shall be defined as the average of on and off peak prices at the applicable ISO-NE Zone where the installation is located for a term equal to the remaining term of the contract. The forward market price will be determined by the Contractor in a commercially reasonable manner, which may include polling energy brokers on the date of termination. The Government shall have the right to audit forward market price data obtained by the Contractor.

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

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

NOTE: The termination value formulas above shall only apply to electricity or capacity purchased on a fixed price basis. The Government shall incur no termination liability for electricity purchased on a locational marginal pricing basis, or capacity on a pass-through basis.

(m) TERMINATION FOR CAUSE. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) TITLE. Title to the electricity supplied by the Contractor under this contract shall pass to the Government upon delivery at the delivery point specified in the Schedule. The Contractor warrants that the electricity delivered to the Government under this contract will be free and clear of any liens, claims and encumbrances arising prior to delivery at the delivery point specified in the Schedule.

(o) WARRANTY. The Contractor warrants and implies that the electricity delivered hereunder conforms to the tariff of the transmitting and/or distributing utility at the delivery point specified in the Schedule.

(p) LIMITATION OF LIABILITY Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for any consequential, special, incidental, punitive, exemplary, or indirect damages or other business interruption damages except to the extent caused by a contractor’s (or that of its agent’s) gross negligence or willful misconduct.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

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(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C 3509).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

X (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L.

115–390, title II).

__ (11) __ (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

X (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022)

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

X (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] __ (18)

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

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

__ (19) __ (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

X (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

__ (21) X (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) __ (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

X (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4) (F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

__ (26) X (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023) (15 U.S.C 632(a)(2)).

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

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34)

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

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

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

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

__ (36) X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C 793).

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

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

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (39) X (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

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

__ (41) __ (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).