SPE60424R0408 - A0003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000189697

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE604-24-R-0408

5. SOLICITATION NUMBER

2024 SEP 03

6. SOLICITATION ISSUE

DATE

Minna Pham DMP0057

a. NAME

Phone: 571-767-9300

b. TELEPHONE NUMBER (No Collect calls)

2024 OCT 03

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE604

DLA ENERGY

INSTALLATION ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

221112NAICS:

950 employeesSIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

01:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PJM 2024 SPE60424R0408 – A0003

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 dlaenergy.eteam@dla.mil no later than 15 September 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 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.

Prices shall be submitted by utilizing Attachment VIII – Pricing Sheet PJM 2024. The Pricing Sheet shall be submitted via email to dlaenergy.eteam@dla.mil and must be received at a time to be determined later.

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.

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 mailto:dlaenergy.eteam@dla.mil

Request for Proposal (RFP) / Solicitation Page 3

RTO/ISO: PJM

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

Utility Service Area:

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

Table 1:

CLIN1 Location/Installation Name Number of Accounts

Estimated Quantity (kWh)

(12 months) Type of

Electricity

0001 99th Army Reserve (PA) 47 8,943,904 FFP 0002 Bettis 2 49,314,422 FFP 0003 Carlisle Barracks 2 25,593,699 FFP 0004 DLA Susquehanna 2 32,119,901 FFP 0005 Tobyhanna 1 66,404,977 FFP 0006 Joint Base Henderson-Hall (McNair) 2 16,224,392 FFP 0007 US National Arboretum 9 1,285,767 FFP 0008 Marine Barracks Washington 4 7,095,255 FFP 0009 Naval Research Lab (DC) 1 108,424,768 FFP

0010 DIA (DC) 1 19,285,412 FFP

0011 National Agricultural Library 1 4,576,857 FFP

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

AES AES Ohio

Request for Proposal (RFP) / Solicitation Page 4

0012 National Institutes of Health 3 56,814,266 FFP 0013 Fort Detrick 5 169,896,274 FFP 0014 Fort Detrick - Forrest Glen 3 1,105,724 FFP 0015 VA MD Healthcare 2 19,294,255 FFP 0016 Loch Raven 6 3,234,913 FFP 0017 Naval Research Lab (MD) 1 8,672,131 FFP

0018 CSSG 1 9,683,946 FFP

0019 DIA (MD) 1 2,449,982 FFP

0020 Army Corps of Engineers 22 118,236,697 FFP

0021 Maryland Procurement Office 25 622,619,259

757,010,564 FFP

0022 DISA 1 31,910,070 FFP

0023 Fort Meade 303 88,195,127 FFP 0024 99th Army Reserve (MD) 10 2,511,233 FFP 0025 Catoctin 4 11,412,442 FFP

0026 JBMDL 158 49,046,931 FFP

0027 99th Army Reserve (NJ) 5 1,350,642 FFP

0028 PPPL 2 19,810,654 LMP

0029 NJ IDA 1 6,334,229 FFP

0030 DLA Columbus 1 52,282,852 FFP 0031 Wright-Patterson Air Force Base 5 385,750,650 FFP

0032 JSMC LIMA 1 37,618,000 FFP

0033 Argonne National Laboratory 1 632,554,844 LMP 0034 99th Army Reserve PA - Duquesne 5 1,334,548 FFP 0035 99th Army Reserve PA - UGI 2 590,387 FFP

Total 640 2,624,125,481 2,758,516,786

1Contract Line Item Number (CLIN) *Requires separate pricing for On Peak and Off Peak

NOTE: The (kWh) quantities in Table 1 were derived from Attachment I – Installation Data Sheet PJM 2024, which illustrates twelve months of historical usage for each account being solicited.

(d) The Government is soliciting offers for a 12-month period of performance beginning with the meter read date occurring in the month of December 2024 to the meter read date occurring in the month of December 2025. Specifics for each line item are provided with each individual Installation Data Sheet. The information includes: (1) Line Item Number, (2) Location, (3) Local Electric Utility, (4) Current Tariff Rate, (5) Utility Account Number; (6) Contract Performance Period, (7) Monthly Consumption and Demand Data; and (8) Interval Data. Please use the following link to access the information: SAM.Gov

(e) The Government is soliciting offers for Firm Fixed Price (FFP), Requirements Type basis for electricity for CLINs 0001 through 00027 and 0029 through 0032, and 0034-0035. The Government is soliciting offers for Fixed Price Requirements Type utilizing Locational Marginal Pricing (LMP) for CLIN 0028 and CLIN 0033. Prices shall include the following charges:

Firm-Fixed-Price:

Request for Proposal (RFP) / Solicitation Page 5

(i) CLINs 0001, 0024, 0027, 0034, and 0035 shall include all retail supply costs to the point of receipt as specified in this solicitation; and include any Gross Receipts, Franchise, or Graft taxes for which the Government is not exempt.

(ii) CLINs 0002 through 0023, 0025, 0026, and 0029 through 0032 shall include: Energy, ancillary services, Auction Revenue Rights (ARR), PJM transmission losses, UDC losses, all costs attributed to meeting state Renewable Portfolio Standards (RPS), FERC Order 745, and independent system operator/regional transmission organization fees (all retail supply costs) to the service point as specified in this solicitation. Balancing Congestion Charges, existing Reserve Market Charges (and credits), and new or modified charges resulting from PJM’s reserve price formation and reserve market enhancements implementation shall be considered part of ancillary services and shall be included in the Firm Fixed Prices for all CLINs. See Attachment V concerning CLIN 0033 Argonne National Laboratory.

Fixed Price Requirements utilizing LMP: See B802

The charges not included in the offered unit price are:

Firm-Fixed-Price:

(i) CLINs 0001, 0024, 0027, 0034, and 0035 shall not include sales tax, property tax, or New Jersey Sales and Use Tax.

(ii) CLINs 0002 through 0023, 0025, 0026, and 0029 through 0032 shall not include:

Transmission (including NITS, TEC, RTEP, and Transmission Enhancement Settlement [EL05-121-009] Charges [PJM Billing Line Item Number 1115]), Reliability Must Run (RMR), and Transmissions Loss Credits shall be handled as a direct pass-through with no additional markup to the Government. See Note 1 below concerning NITS, TEC, RTEP, Capacity, and Reserve Market Costs. See Attachment V concerning CLIN 0033 Argonne National Laboratory.

NOTE 1: (Applicable to Firm Fixed Price CLINS only; not applicable to CLINs 0028 and 0033)

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

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

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

NOTE 2: The following anticipated load requirements and changes are expected:

Request for Proposal (RFP) / Solicitation Page 6

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

0015 - MD VA Medical Center - Installation is enrolled in a 600kW Demand Response program.

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

0021 - MPO –A 9.2% increase from 2023 will be expected beginning October 2024.

0026 - JBMDL - Solar array accounts for 32.3MW in generation. Reference Attachment VI - Dix Solar Power Load Reduction. 2024/2025 solar project of 3.4MW capacity involves a canopy for EV charging infrastructure. 2025/2026 solar project with a capacity of 0.4 MW for EV charging infrastructure and microgrid.

0033 - Argonne - Computer anticipated to be online in 2022 is not fully operational. Once online the additional computer demand may be as high as 57,000 KW and the additional load is expected to be about 200 million KWH per year (accounted for in Attachment V - Argonne Requirements and Schedule). The Government will notify the Contractor of any substantial deviation in usage relating to the computer as soon as is practicable.

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

(g) The Government is soliciting unit prices consistent with and reflecting the structure established in the applicable tariffs. The following symbols have been established for the applicable line items:

Not applicable.

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

**Applicable ONLY to CLINS 0028 PPPL and 0033 Argonne**

NOTE: For Argonne, Attachment V – Argonne Requirements and Schedule supplements default instructions found in B802. For items addressed in both B802 and Attachment V - Argonne Requirements and Schedule, refer to Attachment V shall take precedence.

The total amount charged by the Contractor (for accounts listed in Attachment I - Installation Data Sheet PJM 2024) 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.

(1) Applies to CLIN 0028 PPPL Only: For each hour of the month, the Government shall pay the Contractor the product of the Day-ahead LMP for the PJM Residual Metered Load Aggregate Load Zone through which the account is served and the metered load of the account adjusted for line losses to the Government’s meter.

(2) Applies to CLIN 0033 Argonne For each hour of the month, the Government shall pay the Contractor the product of the Day-ahead LMP for the PJM Residual Metered Load Aggregate Load

Request for Proposal (RFP) / Solicitation Page 7

Zone through which the account is served and the metered load of the account. Metered load should not be grossed up for line losses.

(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 whose recovery is not explicitly provided for by the separate Energy and Other Market Charges components described in subsections (a) and (c) of this section. The price of the fixed fee shall remain constant throughout the term of the contract.

NOTE 1: RPS for CLIN 0033 is not included in the transaction fee, Illinois utility covers the RPS requirement.

(c) OTHER MARKET CHARGES. The charges and credits listed below shall be passed through to the Government with no mark-ups.

(1) Applicable ONLY to CLIN 0028 PPPL

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

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

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

PJM Marginal Loss Credit (PJM Transmission Loss Credit) should be charged as PJM Line Item #2220.

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

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

(2) Applicable ONLY to CLIN 0033 Argonne

(i) CAPACITY. Direct pass-through of PJM Capacity Rate for Commonwealth Edison Company based on Argonne’s Capacity PLC. Daily charge will be assessed during monthly billing period based on the PJM Locational Reliability Charge and Argonne’s Capacity PLC assigned by ComEd. All other capacity related costs must be included in the Transaction Fee.

Formula Based on June 1, 2024 Values:

Argonne’s Capacity PLC MW Zonal 43.280 MW x Scaling Factor Adjustment FPR Pool 1.1743

Request for Proposal (RFP) / Solicitation Page 8

Requirement Adjustment Adjusted x 1.0906 Capacity MW: = 55.428 MW June 1, 2024 PJM Auction Price : Daily $269.92 per MW day = Capacity Cost: $14,961.12 per day

Formula:

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

Where:

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

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

PJM capacity price, scaling factors, pooling requirements, and Argonne PLC subject to change each June

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

(ii) TRANSMISSION. Direct pass-through of only PJM Network Integration Transmission Service Rate (“NITS”) for Commonwealth Edison Company based on Argonne’s Network Service PLC. All other transmission related costs, including enhancement charges, must be included in the Transaction Fee.

Current Cost: 43.280 MW x $39,796.00 per MW per year ÷ 365 = $4,718.82 per day.

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

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

Where:

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

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

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

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

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

Request for Proposal (RFP) / Solicitation Page 9

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

Invoice costs should be prorated when costs change during a billing cycle.

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

(iii) DISTRIBUTION AND TRANSMISSION LOSSES. Direct pass-through of losses.

Losses are to appear as an additional line item on the invoice submitted to Argonne. ComEd’s 2023 - 2025 tariff (ILL. C. C. No 10) distribution loss (“DLF)” and transmission loss (“TLF”) factors are 0.68% and 1.60%, respectively. The combined loss factor is 2.29% [(1 + 0.0068) x (1 + 0.0160) = 1.0229].

All other loss related cost components must be included in the Transaction Fee. This includes ComEd’s Unaccounted For Energy (“UFE”) and PJM’s loss deration.

Formula: 2.29% x ComEd metered kWh x weighted average Commodity Price in the billing period. The Commodity Price shall be consistent with the energy price defined in B802, Subparagraph (a)(2).

(iv) DIRECT PASS-THROUGH RELIABILITY MUST RUN. Direct pass-through of these charges only if they apply to the ComEd zone.

(v) RENEWALBE PORTFOLIO STANDARD (RPS) for CLIN 0033 (ONLY) is not included in the transaction fee, Illinois utility covers the RPS requirement.

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

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

**Applicable ONLY to CLINS 0028 PPPL and 0033**

(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 the remaining contract period. The conversion proposal 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

Request for Proposal (RFP) / Solicitation Page 10 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.

NOTE: The point of delivery does not equal service point and the responsibility of the Contractor is to the delivery point.

(b) INVOICE AND PAYMENT.

The contractor must submit all invoice information to the appropriate UDC under the terms of the applicable Retail Access Rule, in accordance with terms of its UDC Service Agreement. All invoicing shall be based on metered quantities at the service point for each account. The contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with invoicing, to include Consolidated Billing, shall be the responsibility of the Contractor and shall be included as part of the offered price.

The Government will utilize/allow Consolidated UDC Billing for the following CLINS:

0001: 99th Army Reserve (PA) 0003: Carlisle Barracks

0010: DIA (DC)

0012: National Institutes of Health 0013: Fort Detrick 0014: Fort Detrick – Forrest Glen 0016: Loch Raven

0018: CSSG

0024: 99th Army Reserve (MD) 0027: 99th Army Reserve (NJ) 0030: DLA Columbus 0034: 99th Army Reserve PA - Dusquene 0035: 99th Army Reserve PA - UGI

The Government will utilize/allow Dual Billing for the following CLINS:

0002: Bettis 0004: DLA Susquehanna 0005: Tobyhanna 0006: Joint Base Henderson-Hall (McNair) 0007: US National Arboretum 0008: Marine Barracks Washington 0009: Naval Research Lab (DC) 0011: National Agricultural Library 0015: VA MD Healthcare

Request for Proposal (RFP) / Solicitation Page 11

0017: Naval Research Lab (MD)

0019: DIA (MD)

0020: Army Corps of Engineers 0021: Maryland Procurement Office

0022: DISA

0023: Fort Meade 0025: Catoctin

0026: JBMDL

0028: PPPL

0029: NJ IDA

0031: Wright-Patterson Air Force Base 0032: LIMA Guard 0033: Argonne National Laboratory

NOTE 1 : CLIN 0028 invoicing instructions are located on Attachment VII – PPPL Invoicing Instructions.

All invoicing shall be based on meter quantities at the service point for each account. The

Contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with billing shall be the responsibility of the Contractor and shall be included as part of the offered price. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual Billing.

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.

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:

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

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

(3) Billing period for each account.

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

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

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

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

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

(9) If a supplier is unable to issue a bill based on actual meter reading due to the failure

Request for Proposal (RFP) / Solicitation Page 12 of the transmission and distribution utility, municipally owned utility or electric cooperative to obtain or transmit a meter reading to the supplier, the supplier may issue a bill based on an estimated reading for the affected account. The supplier must inform the customer of the reason for the issuance of the estimated bill, and the Government reserves the right to obtain documentation relating to the efforts taken by the supplier to obtain the meter read data. For estimated billing purposes, the supplier shall use the relevant monthly consumption data (as the estimate) included in the applicable Installation Data Sheet. All estimated bills shall be trued up on the next billing cycle if the applicable information is received by then.

(10) Supplier coordination with the local utility will be necessary to ensure that these customers receive identical billing data from both the supplier and the local utility (i.e.

commodity and wire charges must be based on the utility’s billing cycle).

(11) Applicable to Line Item 0033 Argonne National Laboratory Only: All information listed in Attachment V – Argonne Requirements and Schedule Sheet, Appendix I - Expected Invoice Format

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

(13) Applicable to Line Item 0026 JBMDL Only: For all the supplier charges on CLIN 0026 JBMDL, the Contractor shall provide a single supplier invoice for all accounts serviced which includes the following billing details, at a minimum, for each account: the billing period, service address, EDC#, JCPL Meter #, kW ICAP, kW Trans, kWh Consumption, Current Total Actual Charges, and all applicable pass-through items. In addition, a single excel spreadsheet will be submitted that contains the invoice information by LDC account.

NOTE 2: The paying offices for each installation awarded under any resultant contract will be identified below, after contract award.

NOTE 3: Each contractor invoice shall include the information requested in C800(b), if available from the UDC.

NOTE 4: For DLA Susquehanna, Tobyhanna, Marine Barracks Washington, and JBMDL invoicing will be done through Wide Area Work Flow (WAWF).

NOTE 5: REQUIREMENTS FOR MPO'S LOAD SERVING ENTITY (LSE)

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

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

In its May 18, 2012, Order in Docket No. ER12-306-000, the Federal Energy Regulatory Commission

Request for Proposal (RFP) / Solicitation Page 13

(FERC) accepted revisions to Attachment H-2A of the PJM Open Access Transmission Tariff (PJM OATT) to reflect a dedicated facilities charge applicable to the Dedicated Facilities Project. Any agreement entered into between MPO and a LSE for service to the NSAW's Ft. Meade, Maryland campus shall include a requirement that the LSE comply with the terms and conditions of the PJM (PJM Large SPE600-16-R-0413 Page 9 of 54) OATT and pay all applicable PJM tariff charges approved by the FERC, including, but not limited to, all charges related to the Dedicated Facilities Project and the abandonment of the Dedicated Facilities Project, and a requirement to execute any agreements with PJM or other third-parties, including, but not limited to, BGE, that may be necessary to effectuate these obligations.

The LSE shall timely pay to PJM the full amount of all invoices that it receives from PJM, including, but not limited to, invoices that include charges related to the Dedicated Facilities Project and charges related to the abandonment, in full or in part, of the Dedicated Facilities Project. Additionally, the LSE shall also immediately deliver to PJM the full amount of any and all additional payments made by MPO to its LSE in excess of the charges related to the Dedicated Facilities Project that appear on the invoices that MPO periodically receives from its LSE, provided that such additional payments also relate to the Dedicated Facilities Project and are noted as such by MPO.

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

All invoices for deliverables shall be submitted electronically through the Maryland Procurement Office (MPO) website at https://mpo.ec.ncsc.mil, unless otherwise authorized by the Contracting Officer (CO) at the time of contract award. Access to the website requires an External Certificate Authority/Interim External Certificate Authority (ECA/IECA) PKI certificate. Information on purchasing an ECA/IECA certificate, including its initial and annual cost, Is available on the internet at https://mpo.ec.ncsc.mil/ Additional information about the MPO electronic invoicing process can be found at https://www.nsa.gov/business/programs/electronic-invoicing/. Contact the Electronic Commerce office at

(410) 854-5445 if you need additional information. After obtaining the ECA/IECA certificate, contact the Electronic Commerce office to obtain an account If one does not currently exist.

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

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

Allocation of charges for MPO’s Load Serving Entity (LSE) shall be applied to the largest account in

CLIN 0021.

(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, https://mpo.ec.ncsc.mil/

Request for Proposal (RFP) / Solicitation Page 14 transmission, and distribution of electrical power to the service point of each account identified in the contract. As such, the Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract. The Government will not pay any costs associated with the Contractor's failure to deliver electrical power at the delivery point sufficient to meet the demand at the service point of each account under the contract or to schedule and coordinate for the delivery of electricity to each service point.

(e) RECORD KEEPING. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Access or a spreadsheet format compatible with Microsoft 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. For the purposes of this contract, the instantaneous load at the service point, as described in the individual Installation Data Sheet, shall constitute an order for electricity to be furnished under this contract.

(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 PJM 2024.

(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.

CONTRACT ADMINISTRATION

The following Government personnel are the administrative points of contact:

Point of Contact Role Email Jacob Sigler Contract Specialist Jacob.sigler@dla.mil Jessica Mayeaux Contract Specialist Jessica.g.mayeaux@dla.mil Minna Pham Contract Specialist Minna.pham@dla.mil James Knudson Contracting Officer James.Knudson@dla.mil

H800 NOTIFICATION OF TARIFF/RATE CHANGES (ELECTRICITY) (DLA ENERGY FEB

2013) The Contractor shall use commercially reasonable efforts to provide the Contracting Officer with written notice received by the Contractor of any relevant changes to the transportation tariff/rate or the scheduling of a tariff/rate hearing that would reasonably be expected to have impact on the installations mailto:Jacob.sigler@dla.mil mailto:Jessica.g.mayeaux@dla.mil mailto:Minna.pham@dla.mil mailto:James.Knudson@dla.mil

Request for Proposal (RFP) / Solicitation Page 15 within a commercially acceptable time frame. Failure of the Contractor to comply with this contract text shall not be grounds for termination for cause.

NOTE: E-mail notification is acceptable, provided it includes the specific tariff change (via cut and paste) and its effective date.

I820 ELECTRICITY REGULATORY CHANGES (DLA ENERGY DECEMBER 2014)

(a) The contract price includes all applicable independent system operator/regional transmission organization (ISO/RTO/PUC) charges expected to be in effect and applicable to this contract at Government price acceptance.

(b) "After-imposed (ISO/RTO/PUC) charges," as used in this contract text, means any new or modified regulatory (ISO/RTO/PUC) charges not in effect or not applicable to transactions under this contract on the date the Government accepts pricing, but which are now in effect or applicable as the result of legislative, judicial, or administrative action, with the result that the Contractor is now required to pay or bear the charges. The contract price shall be increased by the amount of any after-imposed (ISO/RTO/PUC) charge (with no markup), provided the Contractor warrants in writing within 60 calendar days of the regulation change, that no amount for such after-imposed (ISO/RTO/PUC) charge was included in the contract price, as a contingency reserve or otherwise. The contractor shall provide such evidence as the Government may require in support of a request for adjustment resulting from any after-imposed (ISO/RTO/PUC) charge.

(c) "After-relieved (ISO/RTO/PUC) charges," as used in this contract text, means any amount of regulatory (ISO/RTO/PUC) charges that would otherwise have been payable on the transactions or property covered by this contract but which as the result of legislative, judicial or administrative action taking effect after the contract date the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback. The contract price shall be decreased by the amount of any after-relieved (ISO/RTO/PUC) charges.

(d) “Modified” means an unforeseeable change in law (or equivalent regulatory restructure) which occurs after contract award and results in increased regulatory (ISO/RTO/PUC) charges, the effects of which could not have reasonably been anticipated by the contractor prior to award.

(e) The Contractor shall notify the contracting officer of any after-imposed or after-relieved (ISO/RTO/PUC) charge within a commercially acceptable time frame and if seeking a price increase, simultaneously submit a proper claim for equitable adjustment. Price adjustments shall be accomplished via written modification to the contract.

NOTE: PUC is defined as Public Utility Commission.

NOTE 1: PUC covers governmental entities with the authority to impose charges that directly affect this clause. Entities may include DPU or other utility commissions.

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 from Subpart 12.3 and Subpart 212.3, 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 provision may be accessed

Request for Proposal (RFP) / Solicitation Page 16 electronically at these addresses: https://www.acquisition.gov/content/regulations

CLAUSES INCORPORATED BY REFERENCE

Regulatory Number Clause Title 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) 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 (NOV 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 (DEC 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 252.225-7001 Buy American and Balance of Payments Program (FEB 2024) DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) DFARS 252.225-7021 Trade Agreements – Basic (FEB 2024)

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

(MAY 2024)

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 (NOV 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

https://www.acquisition.gov/content/regulations

Request for Proposal (RFP) / Solicitation Page 17

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

OF STANDARD FORM 1449).

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

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

NOTE 1: Contractor can and will provide notice of an excusable delay as soon as it is reasonably possible after Contractor has been given knowledge of the delay from the ISO or UDC.

(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…