SPE60426R0401 A0002.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000229588

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

SPE604-26-R-0401 2026 JUN 15

a. NAME b. TELEPHONE NUMBER (No Collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

ca/ls) LOCAL TIME

2026 AUG 03

INFORMATION CALL: Minna Pham DMP0057 Phone: 571-767-9300

03:00 PM

9. ISSUED BY CODE SPE604 10. THIS ACQUISITION IS [8J UNRESTRICTED OR0SET ASIDE: %FOR:

□SMALL BUSINESS □ WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED DLA ENERGY □ HUBZONE SMALL SMALL BUSINESS PROGRAM INSTALLATION ENERGY BUSINESS 8725 JOHN J. KINGMAN ROAD □ EDWOSB FORT BELVOIR VA 22060 SERVICE-DISABLED NAICS: 221112

USA □ VETERAN-OWNED

SMALL BUSINESS 0 8(A) SIZE STANDARD: 950 Employees

11. DELIVERYFOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS □ 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER

DPAS {15 CFR 700) 14. METHOD OF SOLICITATION

[8] SEE SCHEDULE □ RFQ □ IFB [8] RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE I

SEE SCHEDULE

17a. CONTRACTOR/ CODE I I FACILITY 18a. PAYMENT WILL BE MADE BY CODE I OFFEROR CODE

TELEPHONE NO.

□ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED □ SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 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)

[8] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

[8] ARE

DARE

□ ARE NOT ATTACHED

□ ARE NOT ATTACHED

[8J 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_ □29. AWARD OF CONTRACT: REF OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

Request for Proposal (RFP) / Solicitation SPE60426R0401- A0002 Page 2

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PART I – THE SCHEDULE

SECTION A: SOLICITATION/CONTRACT FORM

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

This date refers only to the non-price proposal requirements of this RFP. Offerors are encouraged to submit their proposals early as pricing is not required prior to the date and time defined in Standard Form (SF) 1449, Block 8. Offerors shall submit all non-price proposal elements and all other required documents pursuant to this RFP. For more information about proposal submission and the proposal evaluation methodology refer to sections L and M of this RFP.

Proposals received in response to this RFP will be valid for 180 calendar days (unless a different period is proposed by the offeror and accepted by the Government).

Prices shall be submitted via Attachment titled “Pricing Sheet TX2026” on a date and time to be determined. The official date and time for the submission of prices will be established via solicitation amendment.

Questions regarding this solicitation must be submitted in writing via email to dlaenergy.eteam@dla.mil no later than 12:00 pm EST, June 30, 2026. The Government may not provide answers to all questions submitted by Offerors prior to the date and time stated in SF 1449, Block 8. Any question not answered by the Government, may be “exception” (rather than a question) to the RFP, and should be submitted within Section K on Attachment titled “Proposal Requirements.” The Government reserves the right not to consider any exceptions to the stated solicitation requirements received after the Offer Due Date.

This RFP is issued in accordance with the applicable regulations and guidance established under the Revolutionary Federal Acquisition Regulation (FAR) Overhaul, as implemented at the time of the solicitation issuance, and may be accessed electronically at these address(es):

FAR: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide DFARS: https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html

SECTION B: SUPPLIES OR SERVICES AND PRICES/COST

1.0 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:

The Contractor shall supply retail electricity and any ancillary services to the point of delivery, to include the scheduling and coordination of the delivery of electricity to the service point for each account under the contract. All quantities ordered by the Government shall be considered firm and guaranteed for delivery by the Contractor to the delivery point, and for scheduling and coordinating, for ultimate delivery to the service point for each account. Charges incurred as a result of the Contractor's failure to abide by the terms of the applicable Retail Access rules and/or the Utility Distribution Company (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 mailto:dlaenergy.eteam@dla.mil https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html

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Texas the scheduling and coordination for delivery of electricity to the service point for each account under the contract. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the non-delivery of the firm requirements in accordance with paragraphs (f) and (m) of the FAR 52.212-4 TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES clause. Additionally, Contract performance shall be accomplished in accordance with the terms and conditions of this solicitation.

As used throughout this solicitation/contract, kW means kilowatt; kWh means kilowatt-hour; TDSP means Transmission/Distribution Service Provider; and UDC means Utility Distribution Company.

Below are the acronyms and full names of each utility service area, public utility commission, and balancing authority.

RTO/ISO: Electric Reliability Council of Texas (ERCOT) Balancing Authority: ERCOT Public Utility Commission: Public Utility Commission of Texas (PUCT) Utility Service Area: AEP Texas CenterPoint Energy Nueces Electric Cooperative Oncor Electric Delivery Texas New Mexico Power West Texas Utilities

1.1 CONTRACT LINE ITEM NUMBERS (CLINs) AND QUANTITIES

The Government is soliciting offers for supply and transmission of electricity and ancillary services, the total requirement of which shall be fulfilled with retail electricity for the installations listed in Table 1, below. The Government intends to award on a CLIN basis as stated in Table 1, below.

Table 1: Supplies to be Furnished

Type of Price CLIN Location / Installation Name Total

Accounts Total Estimated Quantity (kWh)

FFP

0001 Army Reserves 29 38,056,298

0002 Fort Hood 2 35,072,988

0003 Texas Air National Guard 147th 3 20,052,492

0004 NAS Kingsville (TX ANG 149th FW) 3 262,754

0005 Naval Air Station Kingsville 19 52,927,886

0006 NAS JRB Fort Worth 3 97,283,122

0007 Naval Air Station Corpus Christi 5 209,557,248

0008 Marine Corps Reserve Center (MCRC) Galveston 1 522,050

0009 Marine Corps Reserve Center (MCRC) Waco 1 1,055,040

0010 Customs and Border Protection (CBP) 354 59,391,812

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0011 Immigration and Customs Enforcement (ICE) 37 14,368,774

0012 NASA Columbia Scientific Balloon Facility (CSBF) 16 2,102,346

0013 US Department of Agriculture (USDA) 12 2,198,646

0014 Naval Air Station Kingsville Nueces 3 935,976

0015 NASA Johnson Space Center (JSC)

111,782,764

FFP

Block

Utilizing

RTSPP

0016 Army/Air Force Exchange Service (AAFES) 12 40,519,538

0017 Strategic Petroleum Reserve (SPR) – Bryan Mound 1 30,730,079

RTSPP 0018 Dyess Air Force Base 9 129,101,266

(See 1.3) 0019 Holdover N/A 0

Total 520 845,921,079

Specifics for each line item are provided in the Installation Data Sheet. The information includes: (1) Contract Line Item Number, (2) Location, (3) Local Electric Utility, (4) Utility Account Number, (5) Monthly Consumption, and (6) Cycle Start Date and Cycle End Date.

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

1.2 PERIOD OF PERFORMANCE

The Government is soliciting offers for a 24-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 2029).

1.3 HOLDOVER CLIN 0019

Holdover CLIN 0019 has specific conditions for delivery and should the supply of electricity be delivered under the terms of this CLIN, the period of performance shall be no later than April 2029.

(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 IDs. 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

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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 the 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 ERCOT Settlement interval with no mark-up.

SECTION C: DESCRIPTION/SPECIFICATIONS/REQUIREMENTS

1.0 PRICING STRUCTURE AND TREATMENT

The Government is soliciting offers for Firm Fixed-Price (FFP) Requirements Type contracts and Fixed- Price Requirements Type contracts utilizing Real-Time Settlement Point Pricing (RTSPP).

(a) FFP

1. All retail FFP CLIN pricing shall include all retail supply costs to the service point anticipated to be in effect during the delivery period unless specifically identified in paragraph (ii) immediately below:

2. All retail FFP CLIN pricing shall NOT include Transmission/Distribution Service Provider (TDSP) charges, Gross Receipts Tax (GRT), and Public Utility Commission Assessment (PUCA) which shall be a direct pass-through with no additional markup.

(b) FFP Block utilizing RTSPP (See “Firm Fixed Price Blocks” below)

(c) RTSPP (See “Real Time Settlement Point Price” below)

1.1 FIRM FIXED PRICE BLOCKS

(a) ELECTRICITY. A portion of the electricity to be supplied under the contract shall be from blocks in accordance with paragraph (1) below. The total amount charged by the Contractor each month shall equal the sum of charges for: (a) Electricity, (b) the Transaction Fee, and (c) Other Market Charges.

(1) FFP Blocks.

(i) For the kWh the Contractor supplies pursuant to Attachment(s) IV, V, and VI titled

“Block Purchase Schedule”, the Government shall pay the Contractor the product of a FFP per kWh (around-the clock, on-peak, or off-peak as applicable) and the number of kWhs supplied from the block.

The Government reserves the right to modify the “Block Purchase Schedule” to direct the Contractor to provide additional kWhs from FFP blocks, without change to the Contractor’s Transaction Fee. Upon modification of the “Block Purchase Schedule,” the Contractor will propose a FFP for the kWhs to be supplied from any additional block the Contractor acquires due to the modification. If the Government accepts the Contractor’s proposed price for additional kWhs, the contract will be modified to reflect that

SPE60426R0401- A0002 Page 6

Texas price for the additional block(s). The Government may decline the proposal if it determines the proposed price, or any other aspect of the Contractor’s proposal is unsatisfactory.

(ii) All blocks shall be sized in 0.5 MW.

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

(iv) All FFP blocks shall be priced as follows:

For CLIN 0016 AAFES and CLIN 0017 SPR: the ERCOT Load Zone through which the account is served

For CLIN 0015 NASA JSC: the ERCOT Houston Hub

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

(2) Quantities Outside Blocks of Electricity.

(i) Pricing for quantities shall be as follows:

CLIN 0016 AAFES and CLIN 0017 SPR: Priced at the relevant ERCOT Load Zone

RTSPP

CLIN 0015 NASA JSC: Priced at ERCOT Houston Hub RTSPP If, in any Settlement Period, consumption of retail electricity is below or above the sum of kWhs supplied from blocks, the Contractor shall charge the Government in accordance with the methodology specified in Sections (2)(ii) and (2)(iii) of this contract text, respectively.

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

Expressed as a formula, the Electricity Deficiency Adjustment is EDA = ED x RTSPP, where--

EDA is the Electricity Deficiency Adjustment ED is the Electricity Deficiency RTSPP is the relevant ERCOT Zone RTSPP (for CLIN 0016 AAFES and CLIN 0017

SPR); or the Houston Hub RTSPP (for CLIN 0015 NASA JSC) value as posted on ERCOT’s website.

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

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

Excess Electricity is calculated by subtracting the Settlement Period Benchmark Quantity from the Actual Consumption for the Settlement Period. The Excess Electricity Adjustment is a charge to the Government unless the RTSPP value is negative in which case the Electricity Deficiency Adjustment would appear as a credit.

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

EEA is the Excess Electricity Adjustment EE is the Excess Electricity RTSPP is the relevant ERCOT Zone RTSPP (for CLIN 0016 AAFES and CLIN 0017

SPR); or the Houston Hub RTSPP (for CLIN 0015 NASA JSC) value as posted on ERCOT’s website.

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

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(b) TRANSACTION FEE. For each Settlement Period, the Government shall pay the Contractor the product of the Transaction Fee and the account’s total electricity consumption in that Settlement Period.

The Transaction Fee shall be fixed and identical for each kWh supplied under this contract. The Transaction Fee shall not include any charges identified in Paragraphs (a) Electricity or (c) Other Market Charges; of this clause. All costs associated with operating and maintaining a Retail Electric Provider and/or a Qualified Scheduling Entity, including the cost of complying with the PUCT, ERCOT and TDSP credit and collateral requirements, shall be included in the Transaction Fee and cannot be passed through to the Government. For CLIN 0015 NASA JSC Only, the Transaction Fee shall include hub to load zone congestion.

(c) OTHER MARKET CHARGES. The following charges shall be a direct pass-through to the Government with no additional mark-up, and shall be invoiced in accordance with the INVOICE and PAYMENT clause:

(1) Transmission/Distribution Service Provider (TDSP) charges.

(2) Gross Receipts Tax (GRT).

(3) Public Utility Commission Assessment (PUCA).

(4) Transmission and distribution losses.

(5) Any retail charges and supply costs to the Service Point except for energy (as defined in

FIRM FIXED PRICE BLOCKS, Paragraph (a)).

1.2 REAL TIME SETTLEMENT POINT PRICE

The total amount charged by the Contractor (for accounts listed in Attachment I) each month shall equal the sum of the following components:

(a) ENERGY. For each 15-minute interval of the month, the Government shall pay the Contractor the product of the RTSPP for the ERCOT Load Zone through which the account is served and the metered load for the account. The metered load should be increased for the current Transmission Line Losses to the same Load Zone calculated in a manner consistent with the methodologies defined by ERCOT and applicable transmission line loss factors posted by ERCOT, and distribution line losses using the current distribution line loss factors for the voltage level at which the account receives services as posted by ERCOT. There shall be no separate or additional charge for congestion.

(b) TRANSACTION FEE. The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total energy consumption in that month (metered load). Payment of this fee shall compensate the Contractor for all services performed and costs incurred, as well as all retail service charges, fees, and applicable taxes associated with supplying energy to the Point of Delivery. All costs associated with operating and maintaining a Retail Electric Provider and/or a Qualified Scheduling Entity, including the cost of complying with the PUCT, ERCOT and TDSP credit and collateral requirements, shall be included in the Transaction Fee and cannot be passed through to the Government. The Transaction Fee shall not include any charges identified in Paragraphs (a) Energy or (c) Other Market Charges; of this clause. The price of the fixed fee shall remain constant throughout the contract term.

(c) OTHER MARKET CHARGES. All other charges, not included in the Energy or Transaction Fee components, are: TDSP charges, GRT, PUCA, transmission and distribution losses, and any retail charges and supply costs to the Service Point except for energy (as defined in REAL TIME SETTLEMENT POINT PRICE, Paragraph (a)).

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

2.0 CONTRACT PRICE CONVERSION

***Applicable to ONLY CLIN 0018 (Dyess Air Force Base) ***

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(a) At any time during contract performance, the Government may request that the Contractor convert any RTSPP-based contract line-item number(s) to a FFP for a specific delivery month(s) or for the remainder of the period of performance, based on the historical usage identified in the Installation Data Sheets.

(b) Upon such a request, the Government and Contractor may hold price negotiations. If the parties agree on a FFP, the contract will be modified to reflect that price.

3.0 METERING AND METER READING SERVICES

Will be provided by the incumbent UDC for each account.

4.0 SCHEDULING AND SUPPLY MANAGEMENT

It shall be the Contractor's responsibility to schedule deliveries for all accounts awarded for the delivery period specified herein. The Contractor shall be responsible for supply management and overall coordination of production, transmission, and distribution of electrical power to the service point of each account identified in the contract. As such, the Contractor shall be knowledgeable of and responsible for imbalance policies, transmission grid losses, transmission congestion charges and UDC line losses for the delivery of electricity to the service point of each account under the contract. The Contractor must meet all applicable State and Federal requirements necessary to successfully complete any contract. The Government will not pay any costs associated with the Contractor's failure to deliver electrical power at the delivery point sufficient to meet the demand at the service point of each account under the contract or to schedule and coordinate for the delivery of electricity to each service point.

5.0 RECORD KEEPING

The Contractor shall keep records of retail electricity supply data required to bill in accordance with the utility tariff of each account in an electronic database format compatible with Microsoft Access or a spreadsheet format compatible with Microsoft Excel. Upon request, these records shall be made available to DLA Energy or to any party designated by DLA Energy as authorized to request this data throughout the entire delivery term of any resultant contract.

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

(b) RESERVED.

(c) RESERVED.

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

6.0 ORDERING

In accordance with FAR 52.216-18, for the purposes of this contract, the instantaneous load at the service point, as described in the individual Installation Data Sheet, shall constitute an order for electricity to be furnished under this contract.

7.0 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.

8.0 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 the Installation Data Sheet.

9.0 SPECIFICATIONS

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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.

10.0 DEMAND RESPONSE

During the performance period, any of the installations identified in Table 1 (Supplies to be Furnished) 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.

11.0 ADDING FUTURE ACCOUNTS

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

12.0 NOTIFICATION OF TARIFF/RATE CHANGE

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

13.0 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 section, 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 a commercially reasonable time frame 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 section, 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 60 days of the change and if seeking a price increase, simultaneously

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Texas submit a proper claim for equitable adjustment. Price adjustments shall be accomplished via written modification to the contract.

NOTE: 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 is subject.

14.0 INVOICING AND PAYMENT OFFICES

In addition to the requirements included in FAR 52.212-4(g) and (i), the following billing and payment procedures apply.

(a) Consolidated REP Billing. The Government will utilize Consolidated REP Billing. The Government will not pay any additional charges for billing services. The Contractor shall provide a single invoice for each account at each installation serviced under any contract, unless otherwise specified below, or elsewhere in this RFP. The address to which said invoices shall be submitted will be provided at the time of contract award. Each invoice shall be prepared in a manner consistent with all REP/UDC arrangements and shall conform to all PUCT requirements for Consolidated REP Billing. Each Contractor invoice shall include the following information:

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

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

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

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

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

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

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

https://www.puc.texas.gov/industry/electric/rates/tdr.aspx. Standard UDC/TDSP tariff titles of each rate shall be used.

The following shall be provided, per element, with each UDC/TDSP “pass through” charge as indicated in Section B, 1.0, Supplies To Be Furnished:

a. usage

b. rate

c. charge Each element shall appear on the customer invoice as a direct “pass through” charge with no additional mark up.

(8) All of the above info shall be clearly shown on the invoice to include any transmission loss factors.

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

(10) All supporting documentation is required before payment will be made. Fort Hood has a checklist (reference the attachments in Section J of this RFP) that is used for invoice verification.

(11) If a REP is unable to issue a bill based on actual meter reading due to the failure of the transmission and distribution utility, municipally owned utility or electric cooperative to obtain or https://www.puc.texas.gov/industry/electric/rates/tdr.aspx

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

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

(13) As applicable, any Transaction Fee (Section C, 1.1(b) and/or Section C, 1.2(b)), or Retail Adder (Section B, 1.3) shall be billed as a separate line item on the invoice.

(14) For Dyess AFB, 15-minute actual metered usage shall be provided in addition to 15-minute loss adjusted metered usage.

(15) The following CLINS require one (singular) invoice each month, which details all account information from the CLIN:

0003 TANG 147

0011 CBP

0012 ICE

0013 NASA CSBF

0016 NASA JSC

(b) PAYMENT OFFICES. The payment offices for each installation awarded under any resultant contract will be identified below:

Table 2: Payment Offices

Location / Installation Name Billing Address Billing POC Army Reserves

Billing address will be provided in resultant contract(s).

Billing POC will be provided in resultant contract(s).

Fort Hood Texas Air National Guard 147th NAS Kingsville (TX ANG 149th FW) Naval Air Station Kingsville NAS JRB Fort Worth Naval Air Station Corpus Christi Marine Corps Reserve Center (MCRC) Galveston MCRC Waco Customs and Border Protection (CBP) Immigration and Customs Enforcement (ICE) NASA Columbia Scientific Balloon Facility (CSBF) US Department of Agriculture (USDA) Naval Air Station Kingsville (Nueces) NASA Johnson Space Center (JSC) Army/Air Force Exchange Service (AAFES) Strategic Petroleum Reserve (SPR) – Bryan Mound

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Dyess Air Force Base

(c) INVOICING – NAVY SERVICE POINT ID. Invoices for the ESID numbers identified in the RFP Attachment titled Navy Service Point ID List shall include the Service Point ID (SPID) identified in the Attachment. The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Excel. The Contractor shall provide to DLA Energy or to any party designated by DLA Energy, interval data (for those accounts with an interval meter) in Microsoft Excel format, on a monthly basis throughout the entire delivery term of any resultant contract.

(d) INVOICING – NASA CSBF

(1) Invoices. Invoices for NASA CSBF shall be submitted using the steps described at the

NSSC’s Vendor Payment information web site at https://www.nssc.nasa.gov/vendorpayment.

(2) Payment Office. The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(3) Invoices. Except for classified invoices, invoices shall be prepared in accordance with the invoicing instructions in FAR 52.212-4(g). In addition, invoices shall be submitted using the steps described at the NSSC’s Vendor Payment information web site at https://www.nssc.nasa.gov/vendorpayment.

(4) Improper Invoices. The NASA Shared Services Center (NSSC) Payment Office will notify the Contractor of any apparent error, defect, or impropriety in an invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (a) of this section.

(5) In the event that amounts are withheld from payment in accordance with provisions of this award, a separate payment request for the amount withheld will be required before payment for that amount may be made.

(e) INVOICING – NASA JSC The Contractor shall provide one billing package per month containing a separate bill for each individual ESI ID number at NASA JSC (for each month or common billing period of cycle) that includes:

(1) Information listed in 14.0 INVOICING AND PAYMENT OFFICES above.

(2) A summary of all invoices containing the information in Paragraphs (1), (2), (3), and (6) of

14.0(a) above. This summary shall be provided as the first page in the billing package and in an electronic format compatible with Microsoft Excel.

(3) The UDC/TDSP billing page shall contain the information in item (9) of 14.0(a). above.

(4) The Contractor may provide the demand information referenced in item (5) of 14.0(a) above at the meter level as presented to the supplier by the UDC.

(5) A spreadsheet (compatible with Microsoft Excel), calculating the Settlement for quantities outside of established blocks (as defined in Section C, 1.1(a)(2)) to include interval data for all four Block Purchase ESID Numbers.

(6) The billing package is to be e-mailed to the addresses identified in 14.0(b).

(f) INVOICING – AAFES and Strategic Petroleum Reserve (SPR): The Contractor shall keep records of data required to bill in accordance with the utility tariff of each account (demand and consumption data) in an electronic database format compatible with Microsoft Excel. The Contractor shall provide to DLA Energy or to any party designated by DLA Energy interval data, corresponding RTSPP rates, and firm fixed price block rates for each account, in Microsoft Excel format, on a monthly basis throughout the entire delivery term of any resultant contract.

(1) Strategic Petroleum Reserve (SPR): All billing requires simultaneous access to the utility power generator’s meter interval data files. This is to be used for invoice validations.

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(g) INVOICING – Fort Hood (formerly Fort Cavazos): Please refer to Attachment titled “Fort Hood Invoice Verification Checklist” for specific instructions regarding invoice required format.

(h) INVOICING – NAS Kingsville (TX ANG 149th FW): Billing and rates must comply with annual AF IMT 3555, AF IMT 3556, Air Force Pamphlet (AFPAM) 32-10144 and Air Force Instruction (AFI) 32-1061, Providing Utilities to US Air Force Installations.

SECTION D: PACKAGING AND MARKING

Not Applicable

SECTION E: INSPECTION AND ACCEPTANCE

The Offeror shall comply with FAR 52.212-4(b), Inspection/Acceptance.

SECTION F: DELIVERIES OR PERFORMANCE

Refer to Section B:

• 1.2 Period of Performance

• 1.3 Holdover CLIN 0019

Refer to Section C:

• 6.0 Ordering

• 7.0 Point of Delivery

• 8.0 Service Point

SECTION G: CONTRACT ADMINISTRATION DATA

Refer to Section C:

• 14.0 Invoice and Payment Offices

DFARS 252.232-7006 Wide Area Workflow Payment Instructions (JAN 2023) *** This DFARS Clause is only applicable to CLIN 0004 (NAS Kingsville (TX ANG 149th FW)). The information for this clause will be populated by the Contracting Officer and included in any resultant contract. ***

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in

Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

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(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance-based payments, submit a performance-based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

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Routing Data Table* Field Name in WAWF Data to be Entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

Refer to Section C:

• 12.0 Notification of Tariff/Rate Change

• 13.0 Electricity Regulatory Changes

PART II – CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES

FAR 52.212-4 Terms and Conditions – Commercial Products and Commercial Services (DEVIATION 2026-O0038)(FEB 2026)(Tailored)

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(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

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

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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