SPE60425R0407A0003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000212011

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE604-25-R-0407

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

Minna Pham DMP0057

a. NAME

Phone: 571-767-9300

b. TELEPHONE NUMBER (No Collect calls)

2025 DEC 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:

SIZE 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

11:00 AM

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

SPE60425R0407 A0003

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 2 of 25

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

SECTION B – CONTINUATION OF BLOCKS 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 shall submit all Non-Price Proposal elements and all other required documents pursuant to Section L of this RFP. Offerors are encouraged to submit their proposals early as pricing is not required prior to the date/time defined in SF 1449, Block 8.

Offerors shall submit all Non-Price Proposal elements, and all other documents pursuant to this RFP with their initial proposal. Offerors are encouraged to submit their initial proposals early as pricing is not required prior to the date/time defined in SF 1449, Block 8. Refer to Attachment II – Proposal Requirements, F. Price for instructions on how to submit pricing. A date for the submission of prices will be established via an amendment to be issued after the Offer Due Date.

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

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 actually 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.

Questions regarding this solicitation must be submitted in writing via email to dlaenergy.eteam@dla.mil no later than 14 November 2025. The Government may not provide answers prior to the date and time provided on SF 1449, block 8.

CONTINUATION OF BLOCK 18b, INVOICE AND PAYMENT

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

mailto:dlaenergy.eteam@dla.mil

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 3 of 25

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

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

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

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

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

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

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

http://www.puc.state.tx.us/electric/rates/TDR.cfm. Standard UDC/TDSP tariff titles of each rate shall be used.

The following shall be provided, per element, with each UDC/TDSP “pass through” charge as indicated in the Continuation of SF 1449, Block 20 Schedule of Supplies/Services, Block Purchases (a)(1).

a. usage

b. rate

c. charge

Each element shall appear on the customer invoice as a direct “pass through” charge with no additional mark up. The usage and/or rate may be excluded from the invoice for those charges where the TDSP does not customarily provide such information.

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

(9) All supporting documentation is required before payment will be made.

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

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

(12) As applicable, any Transaction Fee (Continuation of SF 1449, Block 20 Schedule of Supplies/Services, Block Purchases (a)(2)(b)), or Retail Adder (Statement of Work - Holdover Contract Line Item Number (CLIN)) shall be billed as a separate line item on the invoice.

http://www.puc.state.tx.us/electric/rates/TDR.cfm

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 4 of 25

If Contractor is unable to issue a bill based on actual costs due to the failure of the ISO to transmit the Sub-account / Sub-QSE (Qualified Scheduling Entities) settlement charges to the Contractor, the Contractor may issue a bill based on an estimated invoice for the affected account. The Contractor 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 to obtain the settlement charges. For estimated billing purposes, the estimate of usage provided by the UDC shall be used first. If no such UDC estimate is available, the Contractor shall use the relevant monthly consumption data (as the estimate) included in the applicable Installation Data Sheet, adjusted for the number of days. All estimated bills shall be trued up on the next billing cycle.

CONTINUATION OF SF 1449, BLOCKS 19 THROUGH 22 SCHEDULE OF

SUPPLIES/SERVICES

1. SUPPLIES TO BE FURNISHED

(a) 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 in the STATEMENT OF WORK. 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.

Applicable NERC Region: Texas Reliability Entity ISO/RTO: Electric Reliability Council of Texas (ERCOT) Public Utility Commission (PUC): Public Utility Commission of Texas (PUCT) Utility Service Region: AEP Texas Central, AEP Texas North, and Oncor Electric Delivery

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

Contract Line Item Number

(CLIN)

Location/ Installation Name Number of

Accounts Estimated

Quantity (kWh) Spreadsheet

Name

Goodfellow Air Force Base 10

182,890,364

Attachment I - Installation Data Sheet

Laughlin Air Force Base 7 142,237,876 Sheppard Air Force Base 13 402,094,540

Holdover (See Statement of Work – Holdover Contract Line Item Number (CLIN))

Total 30 727,222,780

(d) The Government is soliciting offers for Fixed Price, Requirements-type utilizing Real Time Settlement Point Pricing (RTSPP)basis for electricity.

NOTE: CLIN 0002 Holdover has specific conditions for delivery eligible under the terms listed in ‘Statement of Work – Holdover Contract Line Item Number (CLIN)’; should this CLIN have the supply of electricity delivered under these terms, the period of delivery would be no later April 2031.

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 5 of 25

2. STATEMENT OF WORK

The Government is soliciting offers for a 48-month delivery period (from the meter read date occurring in the month of January 2027 through the meter read date occurring in the month of January 2031). 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: https://www.sam.gov.

The Contractor shall supply electricity, and any ancillary services required to deliver electricity to the Point of Delivery, for each account under the contract. The Contractor shall schedule and coordinate, and supply any ancillary services required for the delivery of electricity to the Service Point for each account.

Charges incurred due to the Contractor's failure to abide by the terms of the applicable tariffs and agreements and/or the UDC Service Agreement shall be the responsibility of the Contractor. The Contractor is responsible for all costs required to meet its obligations under this contract, including but not limited to costs associated with deliveries of electricity to the Point of Delivery and with scheduling and coordination for delivery of electricity to the Service Point for each account. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the nondelivery of the electricity requirements in accordance with paragraphs (f) and (m) of Tailored 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS, as incorporated into this contract.

BLOCK PURCHASES

The total amount charged by the Contractor each month shall equal the sum of charges for:

(a) Electricity, (b) the Transaction Fee, and (c) Other Market Charges.

(a) ELECTRICITY. The Contractor shall procure a portion of the electricity to be delivered under the contract in blocks at firm-fixed prices in accordance with subparagraph (1) below. All blocks shall be purchased at the ERCOT Hub (as outlined in Attachment III – Block Purchase Schedule, with the remainder of the electricity requirement at the relevant ERCOT Load Zone Real Time Settlement Point Price (RTSPP) in accordance with subparagraph (2) below.

(1) Electricity – Purchase by Firm-Fixed Price Blocks.

(i) Attachment III, titled “Block Purchase Schedule”, contains details concerning the dates and size of firm-fixed price blocks the Contractor shall purchase on behalf of the Government. The Government reserves the right to modify Attachment II without change to the Contractor’s Transaction Fee.

(ii) All blocks shall be sized in whole megawatts.

(iii) All blocks shall be real-time.

(iv) Blocks may be either all-hour (i.e., 24 hours by 7 days), or on-peak period only, or off-peak period only.

(v) For each block purchase, the Contractor shall provide to the Government at least three executable price quotes, or at least four if one of the executable price quotes is from a Contractor affiliate. Within one hour of receiving notification from the Contractor regarding the executable price quotes for a firm-fixed price block, the Government will notify the Contractor of its decision to accept one, or reject all, of the executable price quotes provided by the Contractor. Typically, the Government will notify the contractor, by telephone, of its decision within five to ten minutes of receiving the executable price(s). Upon receipt of the Government’s acceptance of an executable price quote, the Contractor shall purchase the block. The Government may, in its sole discretion, reschedule the purchase of a block, pursuant to the foregoing procedures, should the Government reject all of the executable price quotes provided by the Contractor for a block. The Government is responsible only for the decision to enter into block electricity purchases. The Contractor is responsible for managing all other aspects as required by the Statement of Work to ensure performance. The Government reserves the right to decline https://www.sam.gov/

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 6 of 25 to purchase any block(s) if, in its sole discretion, it determines the price or any other aspect of the proposed block purchase is unsatisfactory.

(vi) For the blocks of electricity purchased by the Contractor at firm-fixed prices, the Government shall pay the Contractor the product of the market-based block price-per kilowatt-hour (kWh) and the number of kWhs in the block.

(vii) If in any Settlement Period the Government’s kWh consumption is below (or above) the sum of the blocks to be delivered, the Contractor shall credit (or charge) the Government for each kWh of consumption below (or above) the sum of the blocks as specified in subparagraph (2), below.

The blocks detailed on Attachment III Block Purchase Schedule are estimated to represent 80% and 70% of the Government’s on-peak and off-peak load, respectively. All blocks on Attachment III labeled ‘West Hub’ shall be allocated to the largest account at the following installations only:

Goodfellow AFB Sheppard AFB

All blocks on Attachment III labeled ‘South Hub’ shall be allocated to the following installation only:

Laughlin AFB

(2) Pricing Quantities Outside Blocks of Electricity (Relevant ERCOT Load Zone

RTSPP).

(i) If, in any Settlement Period, consumption of electricity is below or above the contract blocks, the Contractor shall charge the Government in accordance with the methodology specified in Sections (2)(ii) and (2)(iii) of this solicitation, respectively.

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

Expressed as a formula, the Electricity Deficiency Adjustment is EDA = ED x RTSPP where-- EDA is the Electricity Deficiency Adjustment ED is the Electricity Deficiency RTSPP is the relevant ERCOT Load Zone RTSPP value as posted on ERCOT’s website.

The Electricity Deficiency Adjustment is calculated for each Settlement Period in the month in which the electricity was consumed and included on the next monthly invoice.

(iii) If, in any Settlement Period, Excess Electricity is consumed, an Excess Electricity Adjustment shall be made. Excess Electricity means the excess in the Government’s Actual Consumption for the Settlement Period as measured against the Settlement Period Benchmark Quantity.

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

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

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 7 of 25

RTSPP is the relevant ERCOT Load Zone RTSPP value as posted on ERCOT’s website.

The Excess Electricity Adjustment is calculated for each Settlement Period in the month in which the electricity was consumed and included on the next monthly invoice.

(b) TRANSACTION FEE. For each Settlement Period, the Government shall pay the Contractor the product of the transaction fee and the account’s total electricity consumption in that Settlement Period. The transaction fee shall be fixed and identical for each kWh supplied under this contract. The transaction fee shall not include any charges identified in Paragraphs (a) Electricity; or (c) Other Market Charges; of the Block Purchases section in the Statement of Work.

(c) OTHER MARKET CHARGES. The following charges identified below shall be a direct pass-through to the Government with no additional mark-up, and shall be invoiced in accordance with the Block 18b of the SF 1449. All such charges are shown in the ERCOT Nodal Charge Type Matrix, as of 11/05/2025; or are otherwise defined below. An up-to-date version of these charges is available at:

http://www.ercot.com/mktinfo/settlements https://www.ercot.com/mp/data-products/data-product-details?id=np9-605-m

(i) UDC/TDSP Charges: Any and all transmission and distribution related charges payable by the Government to the UDC under the applicable tariff for each account (unless said charges are the result of the Contractor’s failure to perform in accordance with the contract) shall be a direct pass-through to the Government.

(ii) Gross Receipts Tax (GRT): The TX Gross Receipts Tax shall not be included in the offered unit price and shall be billed as a separate line item as a direct pass-through to the Government.

(iii) PUC Charges: All Public Utility Commission related charges shall be a direct pass-through to the Government with no additional markup.

(iv) Transmission and Distribution Losses: All charges for transmission and distribution line losses shall be a direct pass-through to the Government with no additional markup.

Transmission and distribution line losses are to be calculated in a manner consistent with methodologies defined by the TDSPs and ERCOT. Losses shall be applied to the net metered volume as reported by the TDSP. The cost to procure TDSP and ERCOT system losses and UFE (Unaccounted For Energy) assessed to each account by the TDSP and/or ERCOT pursuant to the UDC’s delivery tariff and/or ERCOT’s protocols shall be passed through to the Government as a gross up to metered usage.

(v) Reliability Must Run (RMR): Reliability Must Run Charges shall be a direct pass-through to the Government.

(vi) Reliability Unit Commitment (RUC) Make-Whole: The RUC Make-Whole Charges shall be a direct pass-through to the Government.

(vii) Ancillary Services Costs: The costs to secure ancillary services to comply with ERCOT requirements shall be passed through to the Government. The price of ancillary service charges to the Government shall not exceed ERCOT’s charges. Ancillary service charges passed through to the Government are those charges for: (a) Regulation Up; (b) Regulation Down; (c) Responsive Reserve; (d) Non-Spinning Reserve; (e) Contingency Reserve (ECRS); and (f) all other Ancillary Service Charges incurred to supply the Government account (e.g., Firm Fuel Supply Service, Black Start Service, Voltage Services).

(viii) CRR Auction Revenue Distribution: Any Congestion Revenue Rights (CRR) auction revenue distributions associated with the account loads shall be credited back to the Government and shall be billed as a separate line item.

(ix) Transmission Congestion: Transmission congestion, herein referred to as “Congestion Charges,” associated with each account shall be passed through to the Government. All congestion charges associated with the scheduling and delivery of block purchases shall be computed as the difference between the Real-Time Settlement Point Prices (RTSPP) at the applicable ERCOT Hub (at which blocks are purchased for delivery) and the RTSPP at the applicable ERCOT Load Zone, identified in Attachment III – Block Purchase Schedule. Congestion charges shall apply to the electricity blocks that are delivered to the accounts in the real-time market. The Government reserves the right to direct the http://www.ercot.com/mktinfo/settlements https://www.ercot.com/mp/data-products/data-product-details?id=np9-605-m

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 8 of 25

Contractor to fix congestion costs over a specified time period for a specified level of load, with those costs to be assigned to the applicable accounts on a per-kWh basis.

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 each account awarded for the period of performance 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 this contract. The Government will not pay any costs associated with the Contractor's failure to deliver electrical power at the Point of Delivery 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. The Contractor shall also retain all supporting ERCOT invoices and billing reports associated with each of the ERCOT Sub-QSEs / Sub-accounts dedicated to the various Government accounts. 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 the individual Installation Data Sheets, shall constitute an order for electricity to be furnished under this 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

SPECIFICATIONS

The electricity provided under this contract shall conform to the tariff of the transmitting and/or distributing utility at the Point(s) of Delivery 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, Modification of Award.

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 9 of 25

ERCOT SUB-QUALIFIED SCHEDULING ENTITIES (Sub-QSEs) / SUBACCOUNTS Under the contract, DLA Energy shall require that the Contractor establish an ERCOT Sub-QSE for each of the relevant UDC zones. The establishment of ERCOT Sub-QSEs shall be used to facilitate the assignment of pass-through charges to the Government for the account(s) served under the applicable ERCOT Sub-QSE.

HOLDOVER CONTRACT LINE ITEM NUMBER (CLIN)

(a) Purpose - This “HOLDOVER CLIN” is for the sole purpose of alleviating the burden the ERCOT Market places on an incumbent contractor to continue to serve active Electronic Service Identifiers (ESI IDs) when, through no fault of the incumbent, such ESI IDs fail to transfer to a follow-on contractor prior to termination or expiration of the incumbent’s contract. In such instances, the incumbent contractor is without authority to discontinue service and must continue to provide service until such time as the accounts are enrolled with the new contractor. This Holdover CLIN is designed to enable the incumbent to invoice and, if entitled to compensation, receive payment for the non-transferred ESI IDs, subject to certain limitations set forth below.

(b) Pricing – The electricity and ancillary services provided under this Holdover CLIN shall be at the Real-Time settlement point price applicable to the requirement load zone, adjusted to a kWh basis, plus the “retail adder,” excluding all charges and fees associated with the active ESI ID. Any charges and fees will be passed-through to the Government with no mark-up. The contractor shall identify its proposed adder in the Holdover CLIN in Section B, Supplies to be furnished, as part of its proposal.

Proposed retail adders will be evaluated at contract award, but will not be a weighted factor for award.

The Government reserves the right to disqualify any unbalanced or unreasonable price submission for this

CLIN.

(c) Duration – The period of performance for this Holdover CLIN is the 90 days following expiration of the performance period for all remaining CLINs (“Primary CLINS”) under this contract.

(Example: If Primary CLINS have a 24 month performance period, the Holdover CLIN performance period will be months 25 through 27). During this period of performance, the contractor is responsible for identifying any active account which has not been transferred to the follow-on supplier and take any action necessary and appropriate to effectuate the transfer as soon as the contractor becomes aware of the holdover situation.

(d) Requirements – The Holdover CLIN is a requirements item. The estimated quantity is zero as the sole purpose for this CLIN is to provide the ability for the contractor to invoice and receive payment in the event of an error in transfer of accounts which such error occurs without fault of the contractor. The Government shall order from the contractor all of the electricity required by ERCOT Market to be delivered to active ESI IDs that, without fault of the current contractor, are not transferred to the follow-on contractor upon expiration of the Primary CLINs. Due to the contingent nature of this Holdover CLIN, the Government will not be liable for any damages/claims should the actual requirement be zero.

(e) The “retail adder” means the price adder the Government accepts under this contract prior to contract award with all other applicable charges/fees and utility cost to be priced in accordance with paragraph (b.) as a pass through for each Settlement interval with no mark-up.

DEMAND REPONSE

During the performance period, any of the installations identified in Table 1 above may elect to enroll in a demand response program with a third-party Demand Response Provider (DRP). The Contractor will be notified of any such enrollment with a third-party DRP and be required to facilitate the Government’s participation by applying any applicable credit from the third-party DRP to the invoice(s) of the participating accounts. Upon enrollment, the DRP will be provided the Contractor’s contact information.

When a credit is applicable, the DRP will send a check to the Contractor to be credited to the participating installation.

3. SPECIAL NOTES

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 10 of 25

SPECIAL NOTE 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 note 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.

SPECIAL NOTE 2: ELECTRICITY REGULATORY CHANGES

(a) The contract price includes all applicable independent system operator/regional transmission organization (ISO/RTO/PUC (Public Utility Commission)) 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 note, 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 note, 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.

PUC covers governmental entities with the authority to impose charges that directly affect . 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 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 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

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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

(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 (OCT 2024) DFARS 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders (OCT 2025) 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)

NOTE: INSTRUCTIONS HAVE BEEN TAILORED TO BE MORE CONSISTENT WITH

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

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

OF STANDARD FORM 1449).

(f) EXCUSABLE DELAYS (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

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 12 of 25 restrictions, strikes, unusually severe weather, civil disturbance, hostile forces, terrorist acts or transmission failure. An excusable delay or similar event suffered by an independent service operator (ISO) (or an equivalent of an ISO) or a utility distribution company (or electric distribution company or transmission distribution services provider) shall constitute an excusable delay hereunder. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly provide notice to the Contracting Officer of the cessation of such occurrence. Upon delivery of notice of the occurrence of an excusable delay, the obligations of the Contractor shall be suspended to the extent affected by such excusable delay.

(k) TAXES (Tailored).

(1) The contract price includes all applicable Federal, State, and local taxes and duties in effect at contract signing.

(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) Block Purchases: A = Σ ((B - C)*D) + J Where-- A = Termination value.

B = Block purchase price (per kWh) for each converted block.

C = Forward market bid price per kWh, defined herein.

D = Contract quantity in kWh for each converted block.

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J = The Contractor’s unmitigated cost for forward purchased ancillary services acquired by the Contractor to serve the Government load or other unmitigated costs incurred by the Contractor to serve the Government load, defined herein.

(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 for electric power shall be defined as the prices at applicable ERCOT Hub for a term equal to the remaining term of the block. The forward market price for capacity shall be defined as the capacity price for the relevant delivery point for a term equal to the remaining term of the capacity contract for. The forward market prices will be determined by the Contractor in a commercially reasonable manner, which may include polling energy brokers/capacity brokers on the date of termination. The Government shall have the right to audit forward market price data obtained by the Contractor.

(C) The cost incurred by the Contractor for forward purchased ancillary services, or other cost items, to the extent that these incurred costs cannot be mitigated through market sale or other means, may be recovered by the Contractor in the event of a termination for convenience of the Government upon a showing by the Contractor that the costs for ancillary services (or other costs) to serve the Government load were reasonably incurred, reasonable efforts were made by the Contractor to mitigate the costs, that the costs incurred by the Contractor were for the sole purpose of serving the Government load. The recoverable costs shall be limited to the direct costs for ancillary services forward purchased by the Contractor to serve the Government load or other unmitigated direct costs incurred by the Contractor to serve the Government load and shall not include any Contractor administrative costs, transaction costs, overhead costs, or other indirect costs.

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

NOTE: The termination value formulas above shall only apply to electricity purchased on a fixed price basis (electricity blocks). The Government shall incur no termination liability for electricity purchased on a Real-Time Settlement Point Price (RTSPP) 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 its agent’s gross negligence or willful misconduct.

Texas Air Force 2026 Request for Proposal (RFP) / Solicitation Page 14 of 25

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND COMMERCIAL

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).

(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)…