SPE60425R0406 New England 2026.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000211575

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE604-25-R-0406

5. SOLICITATION NUMBER

2025 OCT 02

6. SOLICITATION ISSUE

DATE

JEMRI SACASAS DJS0422

a. NAME b. TELEPHONE NUMBER (No Collect calls)

Phone: (703) 785-5748

2025 NOV 04

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

SPE60425R0406

New England 2026 Request for Proposal (RFP) / Solicitation Page 2

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

SECTION B – CONTINUATION OF ANY BLOCK ON THE SF 1449

CONTINUATION OF SF 1449, BLOCK 8 OFFER DUE DATE / LOCAL TIME

This date refers only to the non-price proposal requirements of this Request for Proposal (RFP). Offerors are encouraged to submit their proposals early as pricing is not required prior to the date and time defined in SF 1449, Block 8. Offerors shall submit all Non-Price Proposal elements and all other required documents pursuant to this RFP. Refer to Attachment titled “Proposal Requirements” for more information on proposal submission.

Each Offeror, with a Unique Entity Identifier (UEI), must submit an independent and complete proposal.

Additionally, each element of the proposal submission must pertain directly to the Company associated with the UEI.

Prices shall be submitted via a reverse auction on a date and time to be determined. A date for the submission of prices will be established via an amendment to be issued after the Offer Due Date. The reverse auction shall be conducted in accordance with DLAD Note L09 REVERSE AUCTION (OCT 2016).

Prospective offerors 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. Questions regarding this solicitation must be submitted in writing via email to dlaenergy.eteam@dla.mil no later than 17 October 2025. The Government may not provide answers prior to the date and time provided on SF 1449, block 8.

CONTINUATION OF SF 1449, BLOCKS 19 THROUGH 22

ITEM NUMBER, SCHEDULE OF SUPPLIES/SERVICES, QUANTITY, AND UNIT

SUPPLIES TO BE FURNISHED

The contract quantities shown below are best estimates based on historical (or projected) data only of the Government’s requirements for the contract period. The Contractor shall supply and deliver retail electricity and any ancillary services required as follows:

mailto:dlaenergy.eteam@dla.mil

New England 2026 Request for Proposal (RFP) / Solicitation Page 3

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 paragraph (f) of the FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services clause. Additionally, contract performance shall be accomplished in accordance with the terms and conditions of the resultant contract.

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.

RTO/ISO: Independent System Operator (ISO) – New England NERC Region: Northeast Power Coordinating Council (NPCC) PUC: 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 PPL Rhode Island Holdings, LLC

CONTRACT LINE ITEM NUMBERS (CLINS) AND QUANTITIES

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

CLIN Location/Installation Name Total Accounts

Total Estimated Quantity* (kWh)

0001 U.S. Army Reserves 99th Division – NH 6 3,688,744 0002 U.S. Army Reserves 99th Division – RI 5 999,124 0003 U.S. Army Reserves 99th Division – CT 8 5,786,184 0004 U.S. Army Reserves 99th Division – MA 10 9,474,826 0005 U.S. Army Reserves 99th Division – ME 4 588,794 0006 U.S. Coast Guard – MA 12 20,656,654 0007 U.S. Coast Guard Academy 1 22,480,558 0008 Customs and Border Protection – NH 2 51,320

New England 2026 Request for Proposal (RFP) / Solicitation Page 4

0009 Cold Regions Research and Engineering Laboratory (CRREL) 1 11,929,400

0010 Otis Air Force Base 2 44,998,442 0011 Naval Station Newport 1 157,654,292 0012 Portsmouth Naval Shipyard 1 34,871,412 0013 Customs and Border Protection – ME 10 987,222 0014 Devens Army Reserve Depot 1 1,265,430 0015 U.S. Coast Guard – NH 1 614,116

Total 65 316,046,518 *This is the total estimated quantity for the entire 24-month delivery period. Quantities were derived from Attachment I – Installation Data Sheet, which illustrates 12 months of historical usage (or estimated usage, where applicable) for each account being solicited.

Any special account details (such as anticipated change in load, cogeneration, maintenance, shutdowns, etc.) are provided in the applicable CLIN worksheet of Attachment I – Installation Data Sheet.

PERIOD OF PERFORMANCE

The Government is soliciting offers for a 24-month delivery period (from the meter read date occurring within the month of May 2026 through the meter read date occurring within the month of May 2028).

Specifics for each line item are provided within the Installation Data Sheet. The information includes: (1) Line Item Number, (2) Location, (3) Local Electric Utility, (4) Current Tariff Rate, (5) Utility Account Number; (6) Contract Performance Period, (7) Monthly Consumption and Demand Data; and (8) Interval Data. Please use the following link to access the information: https://www.sam.gov

The Government is soliciting the following accounts to begin supply on a May Meter Read Date (MRD), which occurs in the calendar month of April 2026.

CLIN Location/Installation Name Account 0004 U.S. Army Reserves 99th Division – MA 3773496006 0006 U.S. Coast Guard – MA 2610598011 0006 U.S. Coast Guard – MA 3962902024 0011 Naval Station Newport 5040435000

PRICING STRUCTURE AND TREATEMENT

For CLINS 0001-0010, and 0013-0015, the Government is soliciting offers for Firm-Fixed Price (FFP), Requirements-type basis for electricity. Prices shall include the following charges: Prices shall also include capacity, 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 RPS costs for accounts located in Maine shall include the costs of complying with Maine’s Class I, Class IA, Class II, and Thermal REC requirements. The RPS costs for accounts located in Massachusetts shall include the costs of complying with Massachusetts’ Renewable Energy Portfolio Standard (RPS), Alternative Energy Portfolio Standard (APS), Clean Peak Standard (CPS), Clean Energy Standard (CES), and Clean Energy Standard for Clean Existing Generation Units (CES-E) requirements.

For CLINS 0011 and 0012, the Government is soliciting offers for Firm-Fixed Price, Requirements Type utilizing Locational Marginal Price (LMP) basis for electricity. For additional details, refer to the below subsections entitled “Locational Marginal Price (LMP)” and “Contract Price Conversion.”

https://www.sam.gov/

New England 2026 Request for Proposal (RFP) / Solicitation Page 5

METERING AND METER READING SERVICES

Metering and meter reading services will be provided by the incumbent UDC for each account.

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 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.

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.

ORDERING

For the purposes of this contract, the instantaneous load at the service point, as described in Attachment I

- Installation Data Sheet shall constitute an order for electricity to be furnished under any resultant contract.

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.

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.

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.

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.

New England 2026 Request for Proposal (RFP) / Solicitation Page 6

LOCATIONAL MARGINAL PRICE (LMP)

**Applicable ONLY to CLINs 0011 and CLIN 0012 **

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. The LMP settlement points in ISO-NE are as follows:

4001 – MAINE

4005 - RHODEISLAND

(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, 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 𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅

𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑍𝑍𝑍𝑍𝑍𝑍𝑒𝑒′𝑠𝑠 𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶

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.

New England 2026 Request for Proposal (RFP) / Solicitation Page 7

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.

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 Products and Commercial Services clause of the contract.

(e) SUBACCOUNTS. The Contractor shall utilize ISO-NE’s Divisional Accounting feature for Naval Station Newport, and Portsmouth Naval Shipyard to establish an ISO-NE Subaccount for each of the relevant UDC zones. The establishment of ISO-NE Subaccounts shall be used to facilitate the assignment of all assignable pass-through charges and credits to the Government for the account(s) served under the applicable ISO-NE Subaccount. Pass-through charges and credits, if any, that are not assignable under ISO-NE’s Divisional Accounting rules shall be passed through to the Government according to the ISO-NE billing determinant of each respective charge or credit billing line item.

CONTRACT PRICE CONVERSION

**Applicable ONLY to CLINs 0011 and CLIN 0012 **

(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 Sheet. Either party can initiate such a proposal for a specific delivery month(s) or for 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.

New England 2026 Request for Proposal (RFP) / Solicitation Page 8

SPECIAL NOTES

(1) NOTIFICATION OF TARIFF/RATE CHANGES. The Contractor shall use commercially reasonable efforts to provide the Contracting Officer with written notice received by the Contractor of any relevant changes to the transportation tariff/rate or the scheduling of a tariff/rate hearing that would reasonably be expected to have impact on the installations within a commercially acceptable time frame.

Failure of the Contractor to comply with this contract text shall not be grounds for termination for cause.

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

(2) ELECTRICITY REGULATORY CHANGES.

(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.

ISO/RTO/PUC is defined to include the applicable Independent System Operator, Regional Transmission Operator, Public Utility Commission, or any Governmental or regulatory entity with the authority to impose charges to which an account supplied under this contract.

CONTINUATION OF SF 1449, BLOCK 18b INVOICES AND PAYMENT

INVOICING

The Government will utilize Consolidated Billing (UDC) for the following installations, awarded as a result of this solicitation:

CLIN 0001, U.S. Army Reserves 99th Division - NH CLIN 0002, U.S. Army Reserves 99th Division - RI CLIN 0003, U.S. Army Reserves 99th Division - CT CLIN 0004, U.S. Army Reserves 99th Division - MA CLIN 0005, U.S. Army Reserves 99th Division - ME CLIN 0014, Devens Army Reserve Depot

New England 2026 Request for Proposal (RFP) / Solicitation Page 9

The Government will utilize Dual Billing for the following installations, awarded as a result of this solicitation:

CLIN 0006, U.S. Coast Guard - MA CLIN 0007, U.S. Coast Guard Academy CLIN 0008, Customs and Border Protection - NH CLIN 0009, Cold Regions Research and Engineering Laboratory (CRREL) CLIN 0010, Otis Air Force Base CLIN 0011, Naval Station Newport CLIN 0012, Portsmouth Naval Shipyard CLIN 0013, Customs and Border Protection - ME CLIN 0015, U.S. Coast Guard - NH

Special invoicing instructions apply as follows:

• CLIN 0006, 0007, and 0015 require individual invoices for each account and shall include a supplier account ID or UID.

• CLIN 0008 and 0013 require individual invoices for each account.

• CLIN 0011 invoices shall include the following Service Point ID (SPID): Naval Station

Newport: ML_NP_EL_00001

• CLIN 0012 invoices shall include the following Service Point ID (SPID): Portsmouth

Shipyard: ML_PS_EL_00001

• When utilizing LMP without the ISO-NE Divisional Accounting feature, the contractor will work in good faith with the Government to provide documentation in Excel format to substantiate monthly charges on invoices.

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 Products and Commercial Services 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 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.

New England 2026 Request for Proposal (RFP) / Solicitation Page 10

(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) 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).

PAYMENT OFFICES

The paying offices for each installation awarded under any resultant contract will be identified below, after contract 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 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 clause may be accessed electronically at these addresses:

FAR: https://www.ecfr.gov/current/title-48/chapter-1 DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

CLAUSES INCORPORATED BY REFERENCE

Regulatory Number Clause Title FAR 52.204-13 System for Award Management Maintenance (OCT 2018) https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

New England 2026 Request for Proposal (RFP) / Solicitation Page 11

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

(MAY 2024)

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 (Oct 2024)

CLAUSES INCORPORATED IN FULL TEXT

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

COMMERCIAL SERVICES (NOV 2023) (TAILORED)

The paragraphs below have been tailored to be more consistent with commercial practice. All other instructions included in FAR 52.212-4 are hereby incorporated by reference (See Block 27A of Standard Form 1449).

(f) EXCUSABLE DELAYS [TAILORED]. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or transmission failure. An excusable delay or similar event suffered by an independent service operator (ISO-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

New England 2026 Request for Proposal (RFP) / Solicitation Page 12

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.

(k) TAXES [TAILORED].

(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 [TAILORED].

(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

New England 2026 Request for Proposal (RFP) / Solicitation Page 13 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.

(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.

The termination value formulas above shall only apply to RPS, 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 [TAILORED]. 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 [TAILORED]. 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 [TAILORED]. 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 [TAILORED]. 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 PRODUCTS AND COMMERICAL

SERVICES (MAR 2025) (DEVIATION 2025-O0003)

(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).

https://www.govinfo.gov/link/plaw/113/public/235 https://www.govinfo.gov/link/plaw/115/public/91

New England 2026 Request for Proposal (RFP) / Solicitation Page 14

(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).

(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 [all listed below] 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:

(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).

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

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

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

(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).

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

(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).

(20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

(21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

(iii) Alternate II (NOV 2016) of 52.219-9.

(24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

(26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C.

632(a)(2)).

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

(32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O.

13126).

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

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

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

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

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

13627).

(40) 52.222-54, Employment Eligibility Verification (JAN 2025) (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.)

(50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.govinfo.gov/link/uscode/31/3553 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/41/4704 https://www.govinfo.gov/link/uscode/10/4655 https://www.govinfo.gov/link/uscode/41/3509 https://www.govinfo.gov/link/plaw/109/public/282 https://www.govinfo.gov/link/uscode/31/6101 https://www.govinfo.gov/link/plaw/117/public/328 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/uscode/31/6101 https://www.govinfo.gov/link/uscode/31/6101 https://www.govinfo.gov/link/uscode/41/2313 https://www.govinfo.gov/link/uscode/15/657a https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/637 https://www.govinfo.gov/link/uscode/15/632 https://www.govinfo.gov/link/uscode/15/632 https://www.govinfo.gov/link/uscode/38/4212 https://www.govinfo.gov/link/uscode/29/793 https://www.govinfo.gov/link/uscode/38/4212 https://www.govinfo.gov/link/uscode/22/7801 https://www.govinfo.gov/link/uscode/19/2501 https://www.govinfo.gov/link/uscode/19/3301

New England 2026 Request for Proposal (RFP) / Solicitation Page 15

(51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of…