SPE60426R0402A0002.pdf

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PJM Navy 2026 Request for Proposal (RFP) / Solicitation SPE60426R0402A0002 Page 2

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 IV – PJM Navy 2026 on a date and time to be determined. A date for the submission of prices will be established via an amendment to be issued after the Offer Due Date.

Questions regarding this solicitation must be submitted in writing via email to dlaenergy.eteam@dla.mil no later than 12:00 pm EST, June 26, 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 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

SPE60426R0402A0002 Page 3 each account (unless said charges are the result of the Contractor's failure to perform in accordance with the contract), the Contractor is responsible for all costs associated with deliveries to the delivery point and the scheduling and coordination for delivery of electricity to the service point for each account under the contract. The Contractor shall be liable for any and all penalties and/or additional costs assessed to the Government for the 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 contract.

As used throughout this solicitation/contract, kW means kilowatt; kWh means kilowatt-hour; and UDC means Utility Distribution Company. Below are the acronyms and full names of each utility service area, public utility commission, and balancing authority.

RTO/ISO: PJM

Balancing Authority: PJM Public Utility Commission: Public Service Commission of the District of Columbia

Maryland Public Service Commission State of New Jersey Board of Public Utilities Pennsylvania Public Utility Commission Illinois Commerce Commission

Utility Service Area: BG&E Baltimore Gas and Electric ComEd Commonwealth Edison JCP&L Jersey Central Power & Light PECO Philadelphia Electric Power Company PEPCO Potomac Electric Power Company PPL Pennsylvania Power and Light

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

Retail CLIN Location / Installation Name # of

Accounts Total Electricity

Requirement (kWh)

LMP

0001 USNO Washington (1 account – 23,519,032kWh) Washington Navy Yard 1 account – 127,880,396kWh) 2

139,639,912

0002 NMIC (1 account – 59,945,130kWh) Navy Carderock (1 account – 55,357,690kWh) 2

115,302,820

0003 Naval Academy 2 203,307,848 0004 Navy Medical Bethesda 2 296,124,842 0005 Philadelphia Depot Mechanicsburg 1 91,172,000 0006 US Navy Depot NSA Philadelphia 1 47,941,060 0007 Naval Station Great Lakes 1 218,830,140 0008 Earle NWS 3 22,919,564

Total 14 1,135,238,186

SPE60426R0402A0002 Page 4

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 Calendar month of December 2026 through the meter read date occurring in the Calendar month of December 2028. Please be advised the UDC may associate the meter read date occurring in the Calendar-month of December with a different month, however performance for each account must begin on the meter read date occurring in the Calendar-month of December 2025 2026 regardless of the UDC’s designated ‘meter read-month’.

SECTION C: DESCRIPTION/SPECIFICATIONS/REQUIREMENTS

1.0 PRICING STRUCTURE AND TREATEMENT

The Government is soliciting offers for Fixed-Price (FFP), Requirements-Type contracts utilizing Locational Marginal Price basis for electricity.

1.1 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 hour of the month, the Government shall pay the Contractor the product of the Real Time Locational Marginal Price (LMP) for the PJM Load Zone through which the account is served and the metered load of the account, grossed up for applicable distribution line losses for the applicable utility and PJM Load Zone. The hourly EDC loss deration factors as determined and published by PJM shall be applied to the account’s load.

(b) TRANSACTION FEE

The Government shall pay the Contractor the product of a fixed fee multiplied by the account’s total metered energy consumption in that month. Payment of this fee shall compensate the Contractor for all services performed, as well as all costs incurred whose recovery is not specifically provided for by the Energy and Other Market Charges components described in this section. The Transaction Fee shall include all current and future costs attributed to meeting state Renewable Portfolio Standards (RPS), Unaccounted for Energy (UFE), Working Capital (as needed), and the cost of all PJM ancillary services. Existing RPS is inclusive of normal annual increases in state RPS requirements that are already established under current law. Future changes in RPS requirements specifically as a result of a change in law, enacted after the contract award date, shall be handled in accordance with Section 13.0 Electricity Regulatory Changes. The price of the fixed fee shall remain constant throughout the term.

(c) OTHER MARKET CHARGES

i. Capacity. Capacity Costs – The cost to secure capacity to comply with PJM Capacity requirements shall be passed through to the Government. The daily capacity charge to the Government shall not exceed the product of the Contractor’s Daily Unforced Capacity Obligation on the account’s behalf and the PJM Final Zonal Net Load Price for Capacity. The PJM Final Zonal Net Load Price for Capacity is equal to the PJM Final Zonal Capacity Price minus the Final Zonal Capacity

SPE60426R0402A0002 Page 5

Transfer Rights Credit Rate. The Daily Unforced Capacity Obligation is equal to the Obligation Peak load multiplied by the Final Zonal Reliability Pricing Model (RPM) Scaling Factor times the Forecast Pool Requirement times the Daily Zonal Obligation Peak Load Scaling Factor, as those terms are defined by PJM, for the relevant time period and zone in which the account is located. Obligation Peak Load is also referred to as Peak Load Contribution (PLC) or Capacity PLC in certain UDC markets. Obligation Peak Load (or Capacity PLC) is assigned to the account annually by the relevant UDC.

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

iii. Transmission and Distribution Losses. The Contractor shall refund to (or charge) the PJM marginal loss credit.

NOTE: For purposes of calculating energy charges, applicable EDC loss deration factors, transmission and distribution losses, are a pass through and the metered load shall be grossed up to account for distribution losses. Offerors shall use the utility-defined line loss factor applicable to the respective rate class(s) for each individual account(s), as set forth in the state-approved distribution tariff of the applicable utility for each account.

NOTE 1: Energy and line losses charges shall be shown as separate line items.

NOTE 2: For grossing up, the Transaction Fee should be applied to the retail metered load (kWh metered at the EDC meter).

iv. Reliability Must Run (RMR) Charges. The Contractor shall treat RMR charges as a direct pass through with no markup.

v. Auction Revenue Rights (ARR). ARR Credits allocated monthly to the load of the Government’s accounts as a firm transmission customer, shall be treated by Contractor as a direct pass through with no mark up, and shall be calculated for each billing period as set forth in Attachment V – Other Market Charge Appendix.

vi. Pennsylvania Line Items: The PA Gross Receipts Tax (GRT) shall not be included in the offered unit prices. It shall be billed as a separate line item as a direct pass- though.

(d) INDICES.

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

2.0 CONTRACT PRICE CONVERSION

(a) At any time during contract performance, the Government may request that the Contractor convert any Locational Marginal Price-based contract line items quantity to a firm-fixed price for a specific delivery

SPE60426R0402A0002 Page 6 month(s) or for the remainder of the delivery period, based on the historical usage identified in the Installation Data Sheets.

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

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

SPE60426R0402A0002 Page 7

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

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 Curtail Service Provider (CSP). The Contractor will be notified of any such enrollment with a third-party CSP and be required to facilitate the Government’s participation by applying any applicable credit from the third-party CSP to the invoice(s) of the participating accounts. Upon enrollment, the DRP will be provided the Contractor’s contact information.

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 contract text 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

SPE60426R0402A0002 Page 8 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 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) The Government will utilize/allow Dual Billing for all CLINs. All invoicing shall be based on meter quantities at the service point for each account. The Contractor may only invoice for charges allowed under the terms and conditions of the contract. Any costs associated with billing shall be the responsibility of the Contractor and shall be included as part of the offered price. Each invoice shall be prepared in a manner consistent with and shall conform to the applicable PUC requirements for Dual Billing. In addition to the requirements set forth in FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS Paragraph (g), each contractor invoice shall include the following information for Dual Billed accounts, if available from the UDC:

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

(2) Billing period for each account

(3) Total consumption (kWh) for each account for the billing period

(4) Total energy charge (broken down by energy charges and demand charges)

(5) Capacity Costs and its associated cost for the billing period

(6) Transmission Costs for the billing period

(7) Renewable Energy Credits for the billing period

(8) Transmission Congestion and PJM Losses for the billing period

(9) Supply Service Fee for the billing period

(10) All information required by the PUC/PSC to be included on customer invoices.

(11) Passed through Other Market Charges for the billing period

(12) Demand information for each account number.

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

To calculate the Total Energy Charge (Number 4 above) for each account the Contractor shall provide on each invoice, a per account energy usage break down (hour-by-hour LMP rates for each hour).

NOTE: If a Contractor is unable to issue a bill based on actual meter reading due to the failure of the UDC to obtain or transmit a meter reading to the Contractor, the Contractor may issue a bill based on an estimated reading fifteen (15) calendar days following the meter read date for the affected account. The

SPE60426R0402A0002 Page 9

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 meter read data. 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.

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

Contractor must provide a monthly spreadsheet that includes the same categorical information as would have been produced and submitted within a sub-account. This information is intended to provide traceability and auditability of invoices, which is made available through the production and submission of a sub-account. The offeror must ensure the categories within the sub-account are represented in the alternative document. If the categories are not produced in the alternative document, the offeror will be required to update and change the document prior to or during the course of service to include specific breakouts of charges or links to PJM published rates. The Government unilaterally may require the offeror to establish a PJM sub-account during the course of the contract, if the information provided lacks the information requested by the installation.

(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 USNO Washington

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

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

Washington Navy Yard

NMIC

Navy Carderock Naval Academy Navy Medical Bethesda Philadelphia Depot Mechanicsburg US Navy Depot NSA Philadelphia Naval Station Great Lakes Earle NWS

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

SPE60426R0402A0002 Page 10

Refer to Section C:

• 6.0 Ordering

• 7.0 Point of Delivery

• 8.0 Service Point

SECTION G: CONTRACT ADMINISTRATION DATA

Refer to Section B, 14.0 Invoice and Payment Offices

SECTION H: SPECIAL CONTRACT REQUIREMENTS

Refer to Section B:

• 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)

(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, SPE60426R0402A0002 Page 11 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.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.

3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

SPE60426R0402A0002 Page 12

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(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

SPE60426R0402A0002 Page 13 termination according to the applicable tariff sheets of the local distribution company. The Contractor shall cause any and all of its suppliers and subcontractors to cease work related to this contract prior to the date and time specified by the Government for the termination. Subject to the terms and conditions of this contract, the Contractor shall be paid for electricity delivered under the contract prior to the date and time specified by the Government for the termination of any or all contract quantities plus any additional energy the Contractor is required to deliver for the Government’s account under applicable location distribution company tariff sheets.

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

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

A = Termination value.

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

C = Forward market bid price, defined herein.

D = Contract quantity for each usage period for each season (based on data listed in the

Installation Data Sheet).

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

(B) The forward market bid price shall be defined as sum of (i) the average of on and off-peak prices at PJM West Hub through which the account is served; and (ii) a reasonable estimate of market charges forming the basis between the Hub and applicable Load Zone; for a term equal to the remaining term of the contract. The forward market price will be determined by the Contractor in a commercially reasonable manner, which may include polling energy brokers on the date of termination.

The Government shall have the right to reasonably audit forward market price data obtained by the Contractor.

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

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

(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.

SPE60426R0402A0002 Page 14

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

SPE60426R0402A0002 Page 15

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, 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. Also, the full text of a clause may be accessed electronically at this/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 DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

Table 3: Clauses Incorporated by Reference

Regulatory Number Title FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government – Alternate I (JUN

2020) FAR 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) FAR 52.204-13 System for Award Management—Maintenance (DEVIATION 2026-

O0038)(FEB 2026)

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded

(DEVIATION 2026-O0038)(FEB 2026)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(DEVIATION 2026-O0038)(FEB 2026)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(DEVIATION 2026-O0038)(FEB 2026)

FAR 52.215-8 Order of Precedence-Uniform Contract Format (DEVIATION 2026-

O0038)(FEB 2026)

FAR 52.216-18 Ordering (AUG 2020) FAR 52.216-21 Requirements (DEVIATION 2026-O0038)(FEB 2026) FAR 52.219-8 Utilization of Small Business Concerns (DEVIATION 2026-O0038)(FEB

2026) FAR 52.219-9 Small Business Subcontracting Plan - Alternate II (DEVIATION 2026-

O0038)(FEB 2026)

FAR 52.219-16 Liquidated Damages—Subcontracting Plan (DEVIATION 2026-O0038)(FEB

2026) FAR 52.222-3 Convict Labor (DEVIATION 2026-O0038)(FEB 2026) FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (DEVIATION

2026-O0038)(FEB 2026)

FAR 52.222-35 Equal Opportunity for Veterans (DEVIATION 2026-O0038)(FEB 2026) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (DEVIATION 2026-

O0038)(FEB 2026)

FAR 52.222-37 Employment Reports on Veterans (DEVIATION 2026-O0038)(FEB 2026) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEVIATION 2026-O0038)(FEB 2026)

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

SPE60426R0402A0002 Page 16

FAR 52.222-41 Service Contract Labor Standards (DEVIATION 2026-O0038)(FEB 2026) FAR 52.222-50 Combating Trafficking in Persons (DEVIATION 2026-O0038)(FEB 2026) FAR 52.222-51 Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (DEVIATION 2026-O0038)(FEB 2026)

FAR 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (DEVIATION 2026-

O0038)(FEB 2026)

FAR 52.222-54 Employment Eligibility Verification (DEVIATION 2026-O0038)(FEB…