<table style="width:100%;">
<colgroup>
<col style="width: 11%" />
<col style="width: 6%" />
<col style="width: 2%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 5%" />
<col style="width: 4%" />
<col style="width: 5%" />
<col style="width: 2%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 1%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 11%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 0%" />
<col style="width: 6%" />
<col style="width: 10%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="11"><p><strong>SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL
ITEMS</strong></p>
<p><em>OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, &amp; 30</em></p></td>
<td colspan="7">1. REQUISITION NO.</td>
<td colspan="5"><p>PAGE 1 OF</p>
<blockquote>
<p>21</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="3">2. CONTRACT NO.</td>
<td colspan="3">3. AWARD/EFFECTIVE DATE</td>
<td colspan="6">4. ORDER NO.</td>
<td colspan="7"><p>5. SOLICITATION NO.</p>
<blockquote>
<p>GS-00P-99-BSD-0117</p>
</blockquote></td>
<td colspan="4"><p>6. SOLICITATION ISSUE DATE</p>
<p>February 17, 1999</p></td>
</tr>
<tr class="odd">
<td colspan="3"><p><strong>7. FOR SOLICITATION</strong></p>
<p><strong>INFORMATION CALL</strong></p></td>
<td colspan="8"><p>a. NAME</p>
<p>Lindsey C. Lee, Contracting Officer</p></td>
<td colspan="7"><p>b. TELEPHONE NO. <em>(No collect calls)</em></p>
<p>(202) 501-2291</p></td>
<td colspan="5"><p>8. OFFER DUE DATE/LOCAL TIME</p>
<p>March 16, 1999, 4:30 pm est.</p></td>
</tr>
<tr class="even">
<td colspan="5"><p>9. ISSUED BY CODE</p>
<p>GS</p></td>
<td colspan="2"></td>
<td colspan="7">10. THIS ACQUISITION IS</td>
<td colspan="3">11. DELIVERY FOR FOB</td>
<td colspan="6">12. DISCOUNT TERMS</td>
</tr>
<tr class="odd">
<td colspan="5"><p>General Services Administration</p>
<p>Energy Center of Expertise (PNU)</p>
<p>1800 F Street, NW, Room 2301</p></td>
<td colspan="2"></td>
<td colspan="7"><p>UNRESTRICTED</p>
<p> SET ASIDE: % FOR</p>
<blockquote>
<p> SMALL BUSINESS</p>
</blockquote></td>
<td colspan="3"><p>DESTINATION UNLESS BLOCK IS MARKED</p>
<p>SEE SCHEDULE</p></td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="5">Washington, DC 20405</td>
<td colspan="2"></td>
<td colspan="7"><blockquote>
<p> SMALL DISADV. BUSINESS</p>
</blockquote></td>
<td colspan="9"><p> 13a. THIS CONTRACT IS A RATED ORDER</p>
<p>UNDER DPAS (15 CFR 700)</p></td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td colspan="2"></td>
<td colspan="7"><blockquote>
<p> 8(A)</p>
</blockquote></td>
<td colspan="9">13b. RATING</td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="2"></td>
<td colspan="7"><p>SIC: 4911</p>
<p>SIZE STD: 4 million MWhrs</p></td>
<td colspan="9"><p>14. METHOD OF SOLICITATION</p>
<blockquote>
<p> RFQ IFB RFP</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="5">15. DELIVER TO CODE</td>
<td colspan="2"></td>
<td colspan="15">16. ADMINISTERED BY CODE</td>
<td></td>
</tr>
<tr class="even">
<td colspan="5"><p>See Block 9 Address - Deliver to:</p>
<p>1800 F Street NW, Room 2301</p>
<p>Washington, DC 20405</p></td>
<td colspan="2"></td>
<td colspan="15"><p>Environmental Protection Agency</p>
<p>1337 South 46<sup>th</sup> Street</p>
<p>Richmond, California 94804</p></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><p>17a. CONTRACTOR/ CODE</p>
<p>OFFEROR</p></td>
<td colspan="2"></td>
<td><p>FACILITY</p>
<p>CODE</p></td>
<td colspan="2"></td>
<td colspan="15">18a. PAYMENT WILL BE MADE BY CODE</td>
<td></td>
</tr>
<tr class="even">
<td colspan="7">TELEPHONE NO.</td>
<td colspan="16"><blockquote>
<p>U. S. Environmental Protection Agency</p>
<p>Region 9 Laboratory</p>
<p>1337 South 46<sup>th</sup> Street</p>
<p>Building 201</p>
<p>Richmond, California 94804-4698</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="7"> 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN OFFER</td>
<td colspan="16">18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a
UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM</td>
</tr>
<tr class="even">
<td><p>19.</p>
<p>ITEM NO.</p></td>
<td colspan="8"><p>20.</p>
<p>SCHEDULE OF SUPPLIES/SERVICES</p></td>
<td colspan="4"><p>21.</p>
<p>QUANTITYY</p></td>
<td colspan="3"><p>22.</p>
<p>UNIT</p></td>
<td colspan="4"><p>23.</p>
<p>UNIT PRICE</p></td>
<td colspan="3"><p>24.</p>
<p>AMOUNT</p></td>
</tr>
<tr class="odd">
<td>1</td>
<td colspan="8"><p>See SUBMISSION REQUIREMENTS - PRICING</p>
<p>SECTION C.1</p>
<p>TOTAL</p></td>
<td colspan="4">1.7 mil. (est.)</td>
<td colspan="3"><p>kWh</p>
<p>.</p></td>
<td colspan="4"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td colspan="8"><em>(Attach Additional Sheets as Necessary)</em></td>
<td colspan="4"></td>
<td colspan="3"></td>
<td colspan="4"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="16"><p>25. ACCOUNTING AND APPROPRIATION DATA</p>
<p>DCN# 990HLP007 Account No. 99T09HA0303G (70%)</p>
<p>DCN# 9909HLP007 Account No. 9900B09HA0303G (30%)</p></td>
<td colspan="7">26. TOTAL AWARD AMOUNT <em>(For Govt. Use
Only)</em></td>
</tr>
<tr class="even">
<td colspan="23"><p>27a. SOLICITATION INCORPORATES BY REFERENCE FAR
52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE
ARE NOT ATTACHED.</p>
<p> 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4.
FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.</p></td>
</tr>
<tr class="odd">
<td colspan="10">28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND
RETURN <strong>_<u>2</u>____</strong> COPIES TO ISSUING OFFICE.
CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR
OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED HEREIN.</td>
<td colspan="13">29. AWARD OF CONTRACT: REFERENCE ___________________
OFFER DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:</td>
</tr>
<tr class="even">
<td colspan="8">30a. SIGNATURE OF OFFEROR/CONTRACTOR</td>
<td colspan="15">31a. UNITED STATES OF AMERICA <em>(SIGNATURE OF
CONTRACTING OFFICER)</em></td>
</tr>
<tr class="odd">
<td colspan="5">30b. NAME AND TITLE OF SIGNER <em>(TYPE OR
PRINT)</em></td>
<td colspan="3">30c. DATE SIGNED</td>
<td colspan="13">31b. NAME OF CONTRACTING OFFICER <em>(TYPE OR
PRINT)</em></td>
<td colspan="2">31c. DATE SIGNED</td>
</tr>
<tr class="even">
<td colspan="8"><p>32a. QUANTITY IN COLUMN 21 HAS BEEN</p>
<p>ACCEPTED, AND CONFORMS TO THE</p></td>
<td colspan="7">33. SHIP NUMBER</td>
<td colspan="6">34. VOUCHER NUMBER</td>
<td colspan="2">35. AMOUNT VERIFIED CORRECT FOR</td>
</tr>
<tr class="odd">
<td colspan="8"><blockquote>
<p> RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED</p>
</blockquote></td>
<td colspan="7"> PARTIAL FINAL</td>
<td colspan="6"></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td colspan="13">36. PAYMENT</td>
<td colspan="2">37. CHECK NUMBER</td>
</tr>
<tr class="odd">
<td colspan="5">32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE</td>
<td colspan="3">32c. DATE</td>
<td colspan="13"> COMPLETE PARTIAL FINAL</td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="3"></td>
<td colspan="7">38. S/R ACCOUNT NO.</td>
<td colspan="6">39. S/R VOUCHER NO.</td>
<td colspan="2">40. PAID BY</td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td colspan="3"></td>
<td colspan="13">42a. RECEIVED BY <em>(Print)</em></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="8">41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR
PAYMENT</td>
<td colspan="13"></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="5">41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER</td>
<td colspan="3">41c. DATE</td>
<td colspan="13">42b. RECEIVED AT <em>(Location)</em></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="3"></td>
<td colspan="13"></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="5"></td>
<td colspan="3"></td>
<td colspan="7">42c. DATE REC’D <em>(YY/MM/DD)</em></td>
<td colspan="6">42d. TOTAL CONTAINERS</td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="3"></td>
<td colspan="7"></td>
<td colspan="6"></td>
<td colspan="2"></td>
</tr>
</tbody>
</table>

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL **STANDARD
FORM 1449** (10-95)

Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by
GSA - FAR (48 CFR) 53.212

**Standard Form 1449 - Continued**

**BLOCK 10.** Offers will be evaluated by adding a factor of ten percent
to the price of all offers, except offers from small disadvantaged
business concerns that have not waived the adjustment. For details
regarding the application of the evaluation adjustment, see subpart
52.219-23 of the Federal Acquisition Regulation. The Small Business Size
Standard for an electricity utility provider is 4 million mWh. Any
utility supplier with sales exceeding this standard for three continuous
calendar years is considered a large business for the purposes of this
procurement.

**NOTE: ALL QUESTIONS MUST BE SUBMITTED IN WRITING AND CAN BE SENT
VIA:**

**ELECTRONIC MAIL AT lindsey.lee@gsa.gov OR BY**

**FACSIMILE TO THE ATTENTION Lindsey Lee at (202) 219-7680**

**SECTION A: SCOPE OF WORK**

**A.1** [GENERAL]{.underline}

The General Services Administration (GSA) is requesting proposals for
electricity generated from 100% renewable generation sources, to be
supplied to the Environmental Protection Agency (EPA) Laboratory located
at 1337 South 46^th^ Street, Building 201, Richmond, California.
Proposals shall be for firm electricity, including firm transmission and
distribution, as well as all ancillary services associated with a full
requirements offering. The successful offeror (i.e. Contractor) will
supply such electricity for thirty-six (36) successive billing cycles
for the account. The expected initial delivery of renewable energy is
scheduled for the May 1999 billing cycle. The contract length will be a
total of thirty-six (36) complete billing cycles with a one (1)
thirty-six month renewal option period.

a.  All electricity ordered by the EPA shall be considered firm and
    guaranteed for delivery by the Contractor to the Delivery Point. The
    Contractor shall be liable for any and all penalties assessed to the
    EPA for the non-delivery of firm requirements. The electricity
    provided under this contract shall conform to the tariffs of the
    interstate transmitting utility(ies) (if source of electricity is
    outside of California), the California Independent System Operator
    and the Pacific Gas and Electric Company (PG&E).

**A.2** [DELIVERY POINT]{.underline}

The "Delivery Point" for such electricity shall be the meter of the EPA
Laboratory located at 1337 South 46^th^ Street, Building 201; Richmond,
California. The Delivery Point shall be where the facility takes title
to the electricity.

**A.3** [BUNDLED SERVICE]{.underline}

The Government desires to have a single contract for all the services
previously included in a fully regulated, bundled electric product.
Therefore, this contract shall cover all electricity services, including
those that will continue to be provided by PG&E. It shall be the
Contractor's responsibility to coordinate with PG&E as necessary to
resolve issues related to PG&E's regulated services and to ensure the
reliable provision of electricity to the EPA facility.

Metering and billing services shall continue to be provided by PG&E. The
EPA will purchase a meter and have it installed by PG&E.

**A.4** [NOMINATING AND BALANCING RESPONSIBILITIES]{.underline}

It is the Contractor's responsibility to conduct all required
nominations on behalf of the EPA. The Contractor shall be fully familiar
with the imbalance, transmission grid loss and line loss policies of
both PG&E and the interstate/intrastate transmission utilities. The
renewable portion of this contract shall abide by the one year
settlement period specified by the California Energy Commission
disclosure regulations. Any costs and/or penalties associated with the
managing and delivery of the renewable energy will be borne by the
Contractor.

**A.5** [CREDIT FOR DEFAULT SERVICE]{.underline}

If at any time (unless under a condition of Force Majeure) the EPA Lab
is forced to accept default service from PG&E serving in its capacity as
the utility supplier of last resort, the Contractor shall be responsible
for payment of any additional service costs incurred.

**A.6** [RISK OF LOSS]{.underline}

Risk of loss of electricity supplied under this contract shall remain
with the Contractor until, and shall pass to the Government upon,
delivery of said electricity to the Delivery Point of the EPA facility.

**A.7** [PROTECTION OF CONTRACT INFORMATION]{.underline}

The Government will take the necessary and usual steps to maintain the
confidentiality of information submitted by Offerors prior to award of
the contract. The Contractor is advised that the Government will make
the awarded contract price publicly available for the full contract
period.

**A.8** [PAYMENT AND BILLING]{.underline}

For the purposes of this contract, the Government shall pay the
Contractor through monthly utility bills rendered by PG&E for the EPA
account in accordance with PG&E's billing procedures which are fully
regulated by the California Public Utility Commission (CPUC). This bill
shall encompass ALL applicable charges and credits for the delivered
electricity (generation, transmission, distribution, and adjustments).
Payment shall be in accordance with FAR 32.9 (Prompt Payment), including
the clause at 52.232-25. If payment is to be made by electronic funds
transfer, the provisions of FAR 32.11 (including the clause at
52.232-33) shall apply.

It shall be the Contractor's responsibility to understand the specific
details regarding PG&E's requirements for billing. The Contractor shall
ensure that the data that is normally provided to full service customers
appears on the bill. It shall also be the Contractor's responsibility to
ensure that proper reimbursement for electricity delivered to the
Delivery Point is obtained from PG&E in accordance with applicable
procedures of the CPUC.

**A.9** [ANTI-DEFICIENCY]{.underline}

In accordance with the Anti-Deficiency Act (31 U.S.C. 1341(a)(1)),
nothing contained herein shall be construed as binding the Government to
expend, in any one fiscal year, any sum in excess of the appropriation
made by Congress for that fiscal year in furtherance of the subject
matter of the contract or to involve the Government in an obligation for
the future expenditure of moneys before an appropriation is made.

**A.10** [RENEWABLE POWER]{.underline}

The EPA would like to take advantage of the opportunity to reduce the
environmental impact of their electricity consumption at the EPA
Richmond, CA laboratory by choosing an electricity supplier that
provides 100% renewable power. For the purposes of this contract,
renewable power is defined as biomass, solar thermal, photovoltaic,
wind, geothermal, small hydropower of 30 megawatts or less, digester gas
and landfill gas. This is the definition for "renewable electricity
generation technology" contained in California Public Utilities Code
383.5, but excludes waste tire and municipal solid waste generation
technologies. In the case of a tie, priority will be given to renewable
power from "New" renewable generation facilities. "New" facilities are
those which became operational on or after September 23, 1996, per
California law.

**A.11** [GREEN-e REQUIREMENTS]{.underline}

Green-e certification, including strict adherence to the Green Power
Board's Code of Conduct (see Exhibit 1) is the minimum standard for this
contract. This is the most efficient way for the EPA to ensure that the
Contractor is adequately fulfilling its obligation to provide green
power, as specified in this contract. The Contractor's product must be
Green-e certified within 45 days of contract award**.** Failure to
obtain the Green-e certification, failure to deliver 100% renewable
energy, as measured by the one year settlement period described in
Section A.4, or the loss of the Contractor's Green-e certification shall
be grounds for Termination for Cause. The Contractor's liability to the
EPA under a Termination for Cause shall be the cost of reprocurement, as
well as any incidental or consequential damages incurred as a result of
the termination.

Green-e requirements can and do change from year to year. Contractors
will be expected to meet all new Green-e requirements, including the
requirement that a percentage for renewable generation come from \"new\"
sources (see Exhibit 2).

If the Green-e brand name ceases to exist, the Contractor shall be
responsible for submitting to the Contracting Officer or his Authorized
Representative a report that includes all the information specified in
the Green-e Code of Conduct, Section VI Product Substantiation. The
report shall be accompanied by a signed affidavit attesting to the

accuracy of the report. If the Contractor knowingly renders erroneous
information, in addition to other remedies available to the Government,
the Contracting Officer may terminate the contract for cause.

**A.12** [CONTRACT ADMINISTRATION]{.underline}

After award, this contract shall be administered by the EPA Laboratory
in Richmond, California. The Contracting Officers Representative (COR)
for the administration of this contract is:

Ms. Jennifer Mann

Environmental Protection Agency Telephone: (510) 412-2314

1337 South 46^th^ Street Facsimile: (510) 412-2304

Richmond, CA 94804 Email: mann.jennifer@epamail.epa.gov

**A.13** [YEAR 2000 COMPLIANCE]{.underline}

Due to the fact that this contract will require date/time processing
involving dates subsequent to December 31, 1999, the Contractor shall:

\(a\) Certify with its offer that the information technology systems
required for performance of this contract are Year 2000 compliant; or

\(b\) Upgrade the information technology systems required for
performance of this contract to be Year 2000 compliant prior to the
earliest date on which the information technology may be required to
perform date/time processing involving dates later than December 31,
1999. The Contractor shall certify to the Government when such
compliance is achieved.

**SECTION B: FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES**

**B.1** [CLAUSES INCORPORATED BY REFERENCE]{.underline}

The FAR Can Be Accessed At The Following Internet Address:
**http://www.arnet.gov/far/**

\(a\) **FAR 52.212-1 Instructions to Offerors-Commercial Items** (4-98)

> \[Reference FAR 12.301(b)(1)\]

\(b\) **FAR 52.212-4 Contract Terms and Conditions-Commercial Items**
(4-98)

\[Reference FAR 12.301(b)(3)\]

> [Addendum To FAR 52.212-410]{.underline}
>
> \(1\) The following section on *Title* overcomes and has precedence
> over the Title section of the clause at FAR 52.212-4 (n) in its
> entirety.
>
> ***Title***
>
> Title to electricity supplied by the Contractor under this contract
> shall pass from the Contractor to the Government upon delivery of said
> electricity to the Delivery Point. The Contractor warrants that the
> electricity delivered to the Government under this contract will be
> free and clear of all liens, claims and encumbrances arising prior to
> delivery to the Delivery Point.
>
> \(2\) The following section on *Force Majeure* overcomes and has
> precedence over the Excusable Delays section of the clause at 52.214-4
> (f) in its entirety.
>
> ***Force Majeure***
>
> The Contractor shall be responsible for delivery of electricity to the
> Delivery Point specified under the terms of the contract unless a
> condition of Force Majeure is in effect. As used herein, "Force
> Majeure" means any cause beyond the reasonable control, of, and
> without the fault or negligence of, the party claiming Force Majeure.
> It shall include, without limitation, sabotage, strikes, acts of God,
> war, riot, civil disturbance, drought, earthquake, flood, explosion,
> fire, lightning, landslide, delays of common carriers, and acts of the
> Government in either its sovereign or contractual capacity. The
> Contractor shall notify the Contracting Officer in writing as soon as
> it is reasonably possible after the commencement of any Force Majeure
> condition, setting forth the full particulars in connection therewith,
> and shall remedy such occurrence with all reasonable dispatch, and
> shall promptly give written notice to the Contracting Officer of the
> cessation of such condition.
>
> In no event shall the economic hardship of either party constitute a
> Force Majeure condition. Likewise, the inability of the Contractor to
> obtain transportation, inability to obtain generation contracts, the
> existence of conditions not conducive to the generation of renewable
> energy or the event of higher actual costs than contracted costs to
> the Contractor shall not constitute a Force Majeure condition.

\(c\) **FAR 52.216-22 Indefinite Quantity** (10-95)

\[Reference FAR 16.506(e)\]

**B.2** [CLAUSES IN FULL TEXT]{.underline}

**FAR 52.212-2 Evaluation-Commercial Items** (10-97)

\[Reference FAR 12.301(c)\]

\(a\) The Government will award a contract(s) resulting from this
solicitation to the responsible Offeror(s) whose offer(s) conforming to
the solicitation will be most advantageous to the Government, price and
other factors considered. The following factors shall be used to
evaluate offers: **Price and Technical Capability.**

b.  Options. The Government will evaluate offers for award purposes by
    adding the total price for all the options to the total price for
    the basic requirement. The Government may determine that an offer is
    unacceptable if the option prices are significantly unbalanced.
    Evaluation of options shall not obligate the Government to exercise
    the option(s).

\(c\) A written notice of award or acceptance of an offer, mailed or
otherwise furnished to the successful Offeror within the time for
acceptance specified in the offer, shall result in a binding contract
without further action by either party. Before the offer's specified
expiration time, the Government may accept an offer (or part of an
offer), whether or not there are negotiations after its receipt, unless
a written notice of withdrawal is received before award.

(End of provision)

**FAR 52.212-5 Contract Terms and Conditions Required to Implement**

> **Statutes or Executive Orders - Commercial Items** (10-98)
>
> \[Reference FAR 12.301(b)(4)\]

\(a\) The Contractor agrees to comply with the following FAR clauses,
which are incorporated in this contract by reference, to implement
provisions of law or executive orders applicable to acquisitions of
commercial items:

\(1\) 52.222-3, Convict Labor (E.O. 11755); and

\(2\) 52.233-3, Protest after Award (31 U.S.C 3553).

\(b\) The Contractor agrees to comply with the FAR clauses in this
paragraph (b) which the contracting officer has indicated as being
incorporated in this contract by reference to implement provisions of
law or executive orders applicable to acquisitions of commercial items
or components:

(Contracting Officer shall check as appropriate.)

\_[\_**√**]{.underline}\_\_ (1) 52.203-6, Restrictions on Subcontractor
Sales to the Government, with

> Alternate I (U.S.C. 253g and 10 U.S.C. 2402).

\_\_\_\_\_ (2) 52.203-10, Reserved.

\_\_[**√**\_]{.underline}\_ (3) 52.219-8, Utilization of Small Business
Concerns and Small

> disadvantaged Business Concerns (15 U.S.C. 637 (d)(4)).

\_\_[\_]{.underline}\_ (4) 52.219-9, Small, Small Disadvantaged and
women Owned Small

> Business Subcontracting plan (15 U.S.C. 637 (d)(4)).

\_\_\_\_\_ (5) 52.219-14, Limitation on Subcontracting (15 U.S.C.
637(a)(14)).

\_\_**[√]{.underline}**\_\_ (6)(i) 52.219-23, Notice of Price Evaluation
Adjustment for Small Disadvantaged Business Concerns

> (Public Law 103-355, section 7102, and 10 U.S.C. 2323 (if the offeror
> elects to waive the adjustment, it shall so indicate in its offer).

\(ii\) Alternate I of 52.219-23

\_\_ [\_]{.underline} (7) 52.222-26, Equal Opportunity

\_\_[**√**\_]{.underline}\_ (8) 52.222-35, Affirmative Action for
Disabled Veterans and Veterans of the Vietnam

> Era (38 U.S.C. 4212).

\_\_**[√]{.underline}**\_\_ (9) 52.222-36, Affirmative Action for
Workers with Disabilities (29 U.S.C. 793).

\_\_[**√**\_]{.underline}\_ (10) 52.222-37, Employment Reports on
Disabled Veterans and Veterans of the

> Vietnam Era (38 U.S.C. 4212).

\_\_\_\_\_ (11) 52.225-3, Buy American Act-Supplies (41 U.S.C. 10).

\_\_\_\_\_ (12) 52.225-9, Buy American Act-trade Agreements Act-Balance
of Payments

> Program (41 U.S.C. 10).

\_\_\_\_\_ (13) \[Reserved\]

\_\_\_\_\_ (14) 52.225-18, European Union Sanction for End Products
(E.O. 12849).

\_\_\_\_\_ (15) 52.225-19, European Union Sanction for Services (E.O.
12849).

\_\_\_\_\_ (16)(i) 52.225-21, Buy American Act-North American Free Trade
Agreement

> Implementation Act-Balance of Payments Program (41 U.S.C. 10, Pub. L.
> 103-187).

\_\_\_\_\_ (16)(ii) Alternate I of 52,225-21.

\_\_\_\_\_ (17) 52,239-1, Privacy or Security Safeguards (5 U.S.C.
552a).

\_\_\_\_\_ (18) 52.247-64, Preference for Privately Owned U.S. Flag
Commercial

> Vessels (46 U.S.C. 1241).

\(c\) The Contractor agrees to comply with the FAR clauses in this
paragraph (c), applicable to commercial services, which the Contracting
Officer has indicated as being incorporated in this contract by
reference to implement provisions of law or executive orders applicable
to acquisitions of commercial items or components:

(Contracting Officer Check as appropriate.)

\_\_\_\_\_\_ (1) 52.222-41, Service Contract Act of 1965, As amended (41
U.S.C. 351, *et.*

> *seq*.).

\_\_\_\_\_\_ (2) 52.222-42, Statement of Equivalent Rates for Federal
Hires (29 U.S.C.

> 206 and 41 U.S.C. 351, *et. seq*.).

\_\_\_\_\_\_ (3) 52.222-43, Fair Labor Standards Act and Service
Contract Act - Price

> Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41
>
> U.S.C. 351, *et*. *seq*.).

\_\_\_\_\_\_ (4) 52.222-44, Fair Labor Standards Act and Service
Contract Act - Price

> Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, *et. seq*.).

\_\_\_\_\_\_ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits
Applicable to

> Successor Contract Pursuant to Predecessor Contractor Collective
> bargaining Agreement (CBA) (41 U.S.C. 351, *et seq.).*

\(d\) *Comptroller General Examination of Record.* The Contractor agrees
to comply with the provisions of this paragraph (d) if this contract was
awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2,
Audit and Records-Negotiation.

> \(1\) 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 actions 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 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 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.

\(e\) Notwithstanding the requirements of the clauses in paragraphs (a),
(b), (c) or (d) of this clause, the Contractor is not required to
include any FAR clause other than those listed below (and as may be
required by an addenda to this paragraph to establish the reasonableness
of prices under Part 15), in a subcontract for commercial components-

\(1\) 52.222-26, Equal Opportunity (E.O. 11246);

\(2\) 52.222-35, Affirmative Action for Disabled Veterans and Veterans
of the Vietnam Era

(38 U.S.C. 2012(a));

> \(3\) 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C.
> 793); and
>
> \(4\) 52.247-64, Preference for Privately-Owned U.S.-Flagged
> Commercial Vessels (46 U.S.C. 1241) (flow down not required for
> subcontracts awarded beginning May 1, 1996.)

(End of clause)

**FAR 52.233-2 Service of Protest** (8-96)

\[Reference FAR 33.106\]

\(a\) Protests as defined in Section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO) shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from:

> Lindsey C. Lee
>
> Contracting Officer
>
> GSA
>
> Energy Center of Expertise (PNE)
>
> 1800 F Street, NW, Room 2301
>
> Washington, DC 20405

b.  The copy of any protest shall be received in the office designated
    above within one day of filing a protest with the GAO.

(End of Clause)

**FAR 52.241-2 Order of Precedence\--Utilities.** As prescribed in
41.401(c)(1), insert a clause substantially the same as the following:

ORDER OF PRECEDENCE---UTILITIES (FEB 1995)

In the event of any inconsistency between the terms of this contract
(including the specifications) and any rate schedule, rider, or exhibit
incorporated in this contract by reference or otherwise, or any of the
Contractor\'s rules and regulations, the terms of this contract shall
control.

(End of clause)

**SECTION C: SUBMISSION REQUIREMENTS:**

> *[Firm Indexed Price]{.underline}.* Offerors shall provide a fixed
> price bid, that is indexed to the EPA's current Full Service Schedule
> tariff, for electricity delivered to the Delivery Point. This price
> shall remain constant for the term of this contract.

Fixed Percentage of Full Service Schedule

. (to 4 decimal places) for Basic Contract Term

> \* For the purposes of this contract, current Full Service Schedules
> are those terms and conditions or Service Classifications now on file,
> or that will be on file during the term of this contract, with the
> CPUC under which PG&E provides bundled service to retail customers
> within its service territory, as may be modified or superseded from
> time to time during the term of the contract.
>
> *[Offeror Defined Pricing]{.underline}.* Offerors may propose
> alternate pricing approaches that the Government may find
> advantageous. Alternative offers must detail their advantages and
> value to the Government in terms understandable within a business
> context.
>
> [Notes and Instructions to Offerors Regarding Pricing]{.underline}
>
> \(1\) The quantities shown in Exhibit 3 and Attachment 1 are estimated
> load requirements at the facility's meter and are based upon the best
> information available to GSA. The load information submitted is
> intended as an estimate of the magnitude and nature of the loads
> during a specified time period. Such estimates are being furnished for
> information purposes, and for computation of prices. The Government
> will not be penalized in any way for implementing energy efficiency
> measures that result in reduced load requirements. Since it is
> impossible to determine the precise quantities described in this
> solicitation that will be needed during the contract term, the
> Contractor shall be obligated to furnish all of the facility's
> electric requirements to the Delivery Point during the term of this
> contract.
>
> .
>
> \(2\) All costs to the EPA up to the Delivery Point are to be included
> in the price submitted above. This includes but is not limited to all
> applicable taxes and duties, fees, coordination costs, transmission
> charges, competition transition charges, public purpose programs and
> nuclear decommissioning charges etc. Specific adjustments which are
> not part of the Full Service Schedule shall be listed separately (such
> as connection costs, conservation incentives, rebates from the
> Renewables Fund, etc.)
>
> \(3\) The EPA will pay for energy delivered to the Delivery Point
> specified herein. The Contractor will be responsible for all
> nominations and imbalance procedures and costs. Any costs or penalties
> incurred by Contractor's failure to deliver, nominate or balance will
> be the responsibility of the Contractor.
>
> \(4\) Electric accounts of the Federal Government are exempt from
> local and State sales taxes.

**C.2** [EVIDENCE OF TECHNICAL CAPABILITY]{.underline}

\(a\) [General:]{.underline} Due to the critical nature of the
electricity procured under this solicitation, the ability of the offeror
to follow through on the commitments made in this contract is crucial.
Offerors are required to submit the information outlined below so that
the Government may make a determination of capability without requesting
additional information from an offeror. The Contracting Officer reserves
the right to request additional information not outlined below, if
required.

\(b\) [Qualification:]{.underline} To substantiate meeting general and
special capability criteria, the offeror must submit evidence that they
possess the following minimum qualifications:

\(1\) Evidence that they are registered by the California Energy
Commission to sell renewable electric service and that the offer is
consistent with State law governing the provision of electric utility
service, including state utility commission rulings and electric utility
franchise or service territories established pursuant to State statute,
regulation, or territorial agreements \[FAR 41.201(d)\].

\(2\) Evidence that the offeror possesses, at a minimum, one year of
experience (within the past two years) providing electricity to
wholesale and/or retail customers at the time of contract award. To
document this experience, the offeror shall submit the contact person,
company name, and phone number of the 10 largest wholesale/retail
electric customers of the last six months.

\(3\) The offeror must possess, or demonstrate the ability to obtain,
transmission service agreements (network or point to point) in the
offeror's name for the delivery of the energy to the Delivery Point of
this contract.

\(4\) The offeror must include in its offer how it plans to supply
("supply plan") the energy required by this contract to the subject
Delivery Point. Supply plans must include power source(s), power
path(s), and address the issue of mitigation of transmission congestion.
The supply plan shall also include a listing of the renewable electrical
generation capacity that will originate from "old" sources and the
amount of generation capacity that will be "new" sources as defined by
California law. If the "new" renewable generation will be added after
the contract start date, include the estimated on-line date for that
generation.

\(5\) The evidence of capability required by the above is in addition to
the general responsibility criteria set forth in FAR 9.104. In addition,
the Government may conduct pre-award surveys in accordance with FAR
9.106 in order to obtain, from available sources, relevant information
concerning the offeror's ability to satisfy the standards stated in FAR
9.106.

**C.3** [OFFEROR ACKNOWLEDGEMENT]{.underline}

By checking off the following, the offeror acknowledges understanding of
the Government's requirements:

Monthly bills will include all costs of delivery, including the costs
associated with the services provided by PG&E, as well as any
adjustments.

-   The Offeror has referred to the GSA website and has verified that
    all contract amendments have been received and are thoroughly
    understood. The GSA website is located at
    **http://www.gsa.gov/pbs/xu/contracts.htm.**

**C.4** [REPRESENTATIONS AND CERTIFICATION]{.underline}

The offeror is advised that the following items **must** be executed in
Clause 52.212-3 (Pages 12-15) of this RFP plus any other item(s) which
may apply.

**ITEMS:** (b)(1), (b)(2), (c)(1), (c)(2), (c)(3), (d)(2), (d)(3),
(h)(1), and (h)(2)

**C.5** [SUBMISSION OF PROPOSALS]{.underline}

Offerors must submit 1 original and 2 copies of the entire proposal,
which includes both the offeror's pricing and evidence of
responsibility. Proposals must be marked as RFP GS-00P-99-BSD-0117.
Proposals must be received no later than 4:30 p.m. on March 16, 1999.
Proposals must be sent to the following address:

> General Services Administration
>
> Energy Center of Expertise
>
> 1800 F Street, NW Room 2301
>
> Washington, DC 20405
>
> Attn: Lindsey C. Lee, Contracting Officer
>
> **CAUTION: OFFERORS ARE CAUTIONED THAT THE RECEIPT OF ALL AMENDMENTS
> MUST BE**
>
> **ACKNOWLEDGED WITH OFFEROR'S PROPOSAL.**

**SECTION D: EVALUATION FACTORS FOR AWARD:**

**D.1** [PRICE EVALUATION]{.underline}

A.  The price of the delivered electricity shall be indexed to the
    current PG&E Full Service Schedule tariff. The lowest Firm Indexed
    Price shall be deemed the most advantageous to the Government. Index
    shall be presented as follows: 1\_ \_.\_ \_ \_ \_ (to four decimal
    places)

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B.  Offeror Defined Pricing, as defined and described by the offeror,
    will be compared to the Index price as presented in D.1.A. above to
    determine if it is advantageous to the Government. It is the sole
    responsibility of the offeror to explain the economic benefits of
    its offer.

**D.2** [DETERMINATION OF RESPONSIBILITY]{.underline}

Following the determination of the lowest priced proposal(s), the
Government shall make a determination as to whether the offeror
proposing the lowest priced proposal is responsible in accordance with
the FAR at 9.104. Instructions regarding the Government's determination
of responsibility are contained in the Evidence of Responsibility
portion of this solicitation. If the offeror offering the lowest priced
proposal(s) is found to be responsible, then that offeror shall be
deemed eligible for award of the contract. In the event the offeror
offering the lowest priced proposal is found to be not responsible, then
that offeror shall not be considered for award and the next lowest
priced offer shall be in line for award pending a responsibility
determination.

**D.3** [BASIS FOR AWARD]{.underline}

In accordance with the price evaluation process outlined in D.1 and D.2
of this Section, the Government intends to award the contract to the
lowest priced offer received from an offeror that is responsible and
meets the solicitation's minimum qualifications. In the event two
offerors submit the lowest price, the contract will be awarded to the
offeror with the greatest amount of "new" (placed in service after
September 23, 1996) renewable resource generation, in kWh, that is
identified in the supply plan. Award may be made without negotiation of
proposals. Therefore, offerors are requested to initially submit
proposals to the Government on the most favorable terms from a price,
capability, and responsibility standpoint.

**D.4** [POST AWARD REQUIREMENT FOR SMALL BUSINESS SUBCONTRACTING
PLAN]{.underline}

Depending upon the total dollar value of the resultant awarded contract
and the size status of the Contractor, the Contractor may be required to
submit a subcontracting plan for small businesses in accordance with FAR
Clause 52.219-9 - Small, Small Disadvantaged and Women-Owned Small
Business Subcontracting Plan (AUG 1996). A subcontracting plan for
small, small disadvantaged and women-owned businesses will require a
large business concern to develop a strategy to utilize disadvantaged
business categories in the performance of the contract. Utility
companies that have submitted and received approval of a commercial
products subcontracting plan are exempt from this requirement. If
required, the Contractor's plan must be submitted within two (2) weeks
of the award of this contract.

**FAR 52.212-3 Offeror Representations and Certification-Commercial
Items** (1-97) \[Reference FAR 12.301(b)(2)\]

\(a\) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is
no greater than 50 percent of the numerical size standard for the
industrial classification code designated.

"Small business concern" means a concern, including its affiliates, that
is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR Part 121 and size
standards in this solicitation.

"Small disadvantaged business concern" means a small business concern
that---

\(1\) Is at least 51 percent unconditionally owned by one or more
individuals who are both socially and economically disadvantaged, or a
publicly owned business, having at least 51 percent of its stock
unconditionally owned by one or more socially and economically
disadvantaged individuals, and

\(2\) Has its management and daily business controlled by one or more
such individuals. This term also means a small business concern that is
at least 51 percent unconditionally owned by a economically
disadvantaged Indian tribe or native Hawaiian organization, or a
publicly owned business having at least 51 percent of its stock
unconditionally owned by one or more of these entities, which has its
management and daily business controlled by members of an economically
disadvantaged Indian tribe or Native Hawaiian organization and which
meets the requirements of 13 CFR Part 124.

"Women-owned small business concern" means a small business concern---

\(1\) Which is at least 51 percent owned by one or more women or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

"Women-owned business concern"' means a concern which is at least 51
percent owned by one or more women; or in the case of any publicly owned
business by one or more women; and whose management and daily business
operations are controlled by one or more women.

\(b\) Taxpayer identification number (TIN) (26 U.S.C. 6050M.)

> \(1\) Taxpayer Identification Number (TIN).

\_\_\_\_TIN:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_TIN has been applied for.

\_\_\_\_TIN is not required because:

\_\_\_\_Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the U.S. and does not have an office
or place of business or a fiscal paying agent in the U.S.;

\_\_\_\_Offeror is an agency or instrumentality of a foreign government;

\_\_\_\_Offeror is an agency or instrumentality of a Federal, state, or
local\
government;

\_\_\_\_Other. State
basis.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> \(2\) Corporate Status.
>
> \_\_\_\_Corporation providing medical and health care services, or
> engaged in the billing and collecting of payments for such services;
>
> \_\_\_\_Other corporate entity;
>
> \_\_\_\_Not a corporate entity;
>
> \_\_\_\_Sole proprietorship
>
> \_\_\_\_Partnership
>
> \_\_\_\_Hospital or extended care facility described in 26 CFR
> 501(c)(3) that is exempt from taxation under 26 CFR 501(a).
>
> \(3\) Common Parent
>
> \_\_\_\_Offeror is not owned or controlled by a common parent:
>
> \_\_\_\_Name and TIN of common parent:
>
> Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> TIN\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(c\) Offerors must complete the following representations when the
resulting contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. Check all that apply.

> \(1\) Small business concern. The offeror represents as part of its
> offer that it\_\_\_\_ is, \_\_\_\_ is not a small business concern.
>
> \(2\) Small disadvantaged business concern. The offeror represents
> that it \_\_\_\_ is, \_\_\_\_ is not a small disadvantaged business
> concern.
>
> \(3\) Women-owned small business concern. The offeror represents that
> it \_\_\_\_ is, \_\_\_\_ is not a women-owned small business concern.
>
> Note: Complete paragraphs (c)(4) and (c)(5) only if this solicitation
> is expected to exceed the simplified acquisition threshold.
>
> \(4\) Women-owned business concern. The offeror represents that it
> \_\_\_\_ is, \_\_\_\_ is not a women-owned business concern.

5.  Tie bid priority for labor surplus area concerns. If this is an
    invitation for bid, small business offerors may identify the labor
    surplus area in which costs to be incurred on account of
    manufacturing or production (by offeror or first-tier
    subcontractors) amount to more than 50 percent of the contract
    price:

> \(6\) Small Business Size for the Small Business Competitiveness
> Demonstration Program and for the Targeted Industry Categories under
> the Small Business Competitiveness Demonstration Program. \[Complete
> only if the offeror has represented itself to be a small business
> concern under the size standards for this solicitation.\]
>
> \(i\) (Complete only for solicitations indicated in an addendum as
> being set-aside for emerging small businesses in one of the four
> designated industry groups (DIGS).) The offeror represents as part of
> its offer that it \_\_\_\_ is, \_\_\_\_ is not as emerging small
> business.
>
> \(ii\) (Complete only for solicitations indicated in as addendum as
> being for one of the targeted industry categories (TICs) or four
> designated industry groups (DIGs).) Offeror represents as follows:
>
> \(A\) Offeror's number of employees for the past 12 months (check the
> Employees column if size standard stated in the solicitation is
> expressed in terms of number of employees); or
>
> \(B\) Offeror's average annual gross revenue for the last 3 fiscal
> years (check the Average Annual Gross Number of Revenues column if
> size standard stated in the solicitation is expressed in terms of
> annual receipts).
>
> (Check one of the following):
>
> [Number of Employees]{.underline} [Avg. Annual Gross
> Revenue]{.underline}
>
> \_\_\_ 50 or fewer \_\_\_\$1 million or less
>
> \_\_\_ 51 - 100 \_\_\_\$1,000,001 - \$2 mil
>
> \_\_\_ 101 - 250 \_\_\_\$2,000,001 - \$3.5 mil
>
> \_\_\_ 251 - 500 \_\_\_\$3,500,001 - \$5 mil
>
> \_\_\_ 501 - 750 \_\_\_\$5,000,001 - \$10 mil
>
> \_\_\_ 751 - 1,000 \_\_\_\$10,000,001 - \$17 mil
>
> \_\_\_ Over 1,000 \_\_\_ Over \$17 million

\(7\) Complete only if the solicitation contains the clause at FAR
52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged
Business Concerns, and the offeror desires a benefit based on its
disadvantaged status.)

\(i\) General. The offeror represents that either---

\(A\) It is, is not certified by the Small Business Administration as a
small disadvantaged business concern and is listed, on the date of this
representation, on the register of small disadvantaged business concerns
maintained by the Small Business Administration, and that no material
change in disadvantaged ownership and control has occurred since its
certification, and where the concern is owned by one or more individuals
claiming disadvantaged status, the net worth of each individual upon
whom the certification is based does not exceed \$750,000 after taking
into account the applicable exclusions set forth at 13 CFR
124.104(c)(2); or

\(B\) It has, has not submitted a completed application to the Small
Business Administration or a Private Certifier to be certified as a
small disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that no
material change in disadvantaged ownership and control has occurred
since its application was submitted.

\(ii\) Joint Ventures under the Price Evaluation Adjustment for Small
Disadvantaged Business Concerns. The offeror represents, as part of its
offer, that it is a joint venture that complies with the requirements in
13 CFR 124.1002(f) and that the representation in paragraph (c)(7)(i) of
this provision is accurate for the small disadvantaged business concern
that is participating in the joint venture. \[The offeror shall enter
the name of the small disadvantaged business concern that is
participating in the joint
venture:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]

\(d\) Certifications and representations required to implement required
to implement provisions of Executive Order 11246---

> \(1\) Certification of non-segregated facilities. (Applies only if the
> contract amount is expected to exceed \$10,000)---
>
> By submission of this offer, the offeror certifies that it does not
> and will not maintain or provide for its employees, any facilities
> that are segregated on the basis of race, color, religion, or national
> origin because of habit, local custom, or otherwise and that it does
> not and will not permit its employees to perform their services at any
> location where segregated facilities are maintained. The offeror
> agrees that a breach of this certification is a violation of the Equal
> Opportunity clause in the contract.
>
> \(2\) Previous Contracts and Compliance. The offeror represents that
> --
>
> \(i\) It \_\_\_\_ has, \_\_\_\_ has not, participated in a previous
> contract or subcontract subject either to the Equal Opportunity clause
> of this solicitation, the clause originally contained in Section 310
> of Executive Order 10925, or the clause contained in section 201 of
> Executive Order 11114; and
>
> \(ii\) It \_\_\_\_ has, \_\_\_\_has not, filed all required compliance
> reports.
>
> \(3\) Affirmative Action Compliance. The offeror represents that\-\--
>
> \(i\) It \_\_\_\_ has developed and has on file, \_\_\_\_ has not
> developed and does not have on file, at each establishment,
> affirmative action programs required by rules and regulations of the
> Secretary of Labor.

\(e\) Certification Regarding Payments to Influence Federal Transactions
(31 U.S.C. 1352). (Applies only if the contract is expected to exceed
\$100,000.) By submission of its offer, the offeror certifies to the
best of its knowledge and belief that no Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Member of Congress
on his or her behalf in connection with the award of any resultant
contract.

f.  Buy American Act\--Trade Agreements\--Balance of Payments Program
    Certificate. (Applies only if FAR clause 52.225-9, Buy American
    Act---Trade Agreement---Balance of Payment Program, is included in
    this solicitation.) (1) The offeror hereby certifies that each end
    product, except those listed in paragraph (f)(2) of this provision,
    is a domestic end product (as defined in the clause entitled "Buy
    American Act --Trade Agreements---Balance of Payment Program") and
    that components of unknown origin have been considered to have been
    mined, produced, or manufactured outside the United States, a
    designated country, a North American Free Trade Agreement (NAFTA)
    country, or a Caribbean Basin country, as defined in Section 25.401
    of the Federal Acquisition Regulation.

> \(2\) Excluded End Products:
>
> LINE ITEM NO. COUNTRY OF ORIGIN
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (List as necessary)
>
> \(3\) Offers will be evaluated by giving certain preferences to
> domestic end products, NAFTA country end products, and Caribbean Basin
> country end products over other end products. In order to obtain these
> preferences in the evaluation of each excluded end product listed in
> paragraph (f)(2) of this provision, offerors must identify and certify
> below those excluded end products that are designated or NAFTA country
> end products, or Caribbean Basin country end products. Products that
> are not identified and certified below will not be deemed designated
> country end products, NAFTA country end products, or Caribbean Basin
> country end products. Offerors must certify by inserting the
> applicable line item numbers in the following:
>
> \(i\) The offeror certifies that the following supplies qualify as
> "designated or NAFTA country end products" as those terms are defined
> in the clause entitled "Buy American Act---Trade Agreements---Balance
> of Payments Program":
>
> (Insert line item numbers)
>
> \(ii\) The offeror certifies that the following supplies qualify as
> "Caribbean Basin country end products" as that term is defined in the
> clause entitled "Buy American Act---Trade Agreements---Balance of
> Payments Program":

(Insert line item numbers)

> \(4\) Offers will be evaluated in accordance with FAR Part 25.

(g)(1) Buy American Act-North American Free Trade Agreement
Implementation Act - Balance of Payments Program. (Applies only if FAR
clause 52.225-21, Buy American Act-North American Free Trade Agreement
Implementation Act-Balance of Payments Program, is included in this
solicitation.) (i) The offeror certifies that each end product being
offered, except those listed in paragraph (g)(1)(ii) of this provision,
is a domestic end product (as defined in the clause entitled "Buy
American Act-North American Free Trade Agreement Implementation
Act-Balance of Payments Program," and that components of unknown origin
have been considered to have been mined, produced, or manufactured
outside the United States.

\(ii\) Excluded end Products:

LINE ITEM NO. COUNTRY OF ORIGIN

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(List as necessary)

> \(iii\) Offers will be evaluated by giving certain preferences to
> domestic end products or NAFTA country end products over other end
> products. In order to obtain these preferences in the evaluation of
> each excluded end product listed in paragraph (g)(1)(ii) of this
> provision, offerors must identify and certify below those excluded
>
> end products that are NAFTA country end products. Products that are
> not identified and certified below those excluded end products that
> are NAFTA country end products. Products that are not identified and
> certified below will not be deemed NAFTA country end products. The
> offeror certifies that the following supplies qualify as "NAFTA
> country end products" as that term is defined in the clause entitled
> "Buy American Act - North American Free Trade Agreement Implementation
> Act - Balance of Payments Program":
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (Insert line item numbers)
>
> \(iv\) Offers will be evaluated in accordance with Part 25 of the
> Federal Acquisition Regulation. In addition, if this solicitation is
> for supplies for use outside the United States, an evaluation factor
> of 50 percent will be applied to offers of end products that are not
> domestic of NAFTA country end products.
>
> \(2\) Alternate I. If Alternate I to the clause at 52.225-21 is
> included in this solicitation, substitute the following paragraph
> (g)(1)(iii) for paragraph (g)(1)(iii) of this provision:
>
> (g)(1)(iii) Offers will be evaluated by giving certain preferences to
> domestic end products or Canadian end products over other end
> products. In order to obtain these preferences in the evaluation of
> each excluded end products listed in paragraph (b) of this provision,
> offerors must identify and certify below those excluded end products
> that are Canadian end products. Products that are not identified and
> certified below will not be deemed Canadian end products. The offeror
> certifies that the following supplies qualify as "Canadian end
> products" as that term is defined in the clause entitled "Buy American
> Act - North American Free Trade Agreement Implementation Act - Balance
> of Payments Program":
>
> (Insert line item numbers)

\(h\) Certification Regarding Debarment, Suspension or Ineligibility for
Award (executive Order 12549). The offeror certifies, to the best of its
knowledge and belief, that --

> \(1\) The offeror and/or any of its principals \_\_\_ are, \_\_\_ are
> not presently debarred, suspended, proposed for debarment, or declared
> ineligible for the award of contracts by any Federal agency, and
>
> \(2\) \_\_\_ Have, \_\_\_ have not, within a three-year period
> proceeding this offer, been convicted of or had a civil judgment
> rendered against them for : commission of fraud or a criminal offense
> in connection with obtaining, attempting to obtain or performing a
> Federal, state, or local government contract or subcontract; violation
> of Federal or state antitrust statutes relating to the submission of
> offers; or commission of embezzlement, theft, forgery, bribery,
> falsification or destruction of records, making false statements, tax
> evasion, or receiving stolen property; and \_\_\_\_ are, \_\_\_\_ are
> not presently indicted for, or otherwise criminally or civilly charged
> by a Government entity with commission of any of these offenses.
>
> (End of provision)

*Alternate I (Oct 1998).* As prescribed in 12.301(b)(2), add the
following paragraph (c)(8) to the basic provision:

\(8\) (Complete if the offeror has represented itself as disadvantaged
in paragraph (c)(2) or (c)(7) of this provision.) \[The offeror shall
check the category in which its ownership falls\]:

\_\_\_\_\_\_ Black American

\_\_\_\_\_\_ Hispanic American

\_\_\_\_\_\_ Native American (American Indians, Eskimos, Aleuts, or
Native Hawaiians).

\_\_\_\_\_\_ Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Tiawan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust
Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of
the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,
Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_\_\_\_ Subcontinent Asian (Asian -Indian) American (persons with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the
Maldives Islands, or Nepal).

\_\_\_\_\_\_ Individual/concern, other than one of the preceding.

\(i\) 52.241-1 Electric Service Territory Compliance Representation. As
prescribed in 41.501(b), insert a provision substantially the same as
the following:

ELECTRIC SERVICE TERRITORY COMPLIANCE

REPRESENTATION (FEB 1995)

\(a\) The Offeror represents as part of its offer that the Offeror's
sale of electricity is in accordance with the terms and conditions of
this solicitation and is \_\_\_\_ is not \_\_\_\_ consistent with
Section 8093 of Public Law 100-202.

\(b\) The Offeror's supporting rationale is as follows
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End of provision)

**Exhibit 1**

***The Green-e Renewable Electricity Branding Project***

**- - [Code of Conduct - -]{.smallcaps}**

**[Draft VII]{.smallcaps}**

**Contents**

I. Preamble

II\. Mission Statement

III\. Definitions

IV\. Ethical Guidelines

V. Guidelines for Presenting Customer

Contract Information

VI\. Product Substantiation Information

VII\. Censure of Marketers Using Deceptive or

Unethical Practices or Advertising

# 

# I. Preamble

> Creating environmentally preferable electricity services and products
> provides customers with choices that make a positive difference in the
> environment, encourages the development and deployment of clean
> renewable energy technologies, and opens exciting new market
> opportunities for entrepreneurs in the energy sector. In order to
> realize this potential, and to maintain and improve customer
> confidence, power marketers must provide customers with easily
> understood information about their electricity products and services,
> and adhere to the highest standards of professionalism in business
> practices. Signatories of this Code of Conduct pledge to abide by the
> standards reflected in this Code, and to cooperate with the Green
> Power Board in ensuring that these standards are effective in
> providing customers information about environmentally superior
> services and products in competitive electricity markets.
>
> All power marketers committed to providing electricity supply from
> renewable resources, as defined by this Code of Conduct, are eligible
> to become signatories to the Green Power Board's Code of Conduct. In
> addition to signing the Code, power marketers providing a product that
> reflects over 50% renewable electricity supply are eligible to use the
> Green-e assuming they meet additional eligibility requirements.
> Marketers with a product that reflects less than 50% renewable
> electricity content, but more than that contained in system power (to
> the nearest higher 10% increment), may sign the Code of Conduct and
> have the product verified. However, such products may not display the
> Green-e Brand, which is reserved for products that meet the minimum
> criteria listed below.
>
> Environmental performance is at the heart of the classification of
> electric generation technologies as "environmentally preferable." The
> Green Power Board has adopted a definition for renewable energy
> primarily based upon the existing law in states where the program is
> active. In addition, the Board is committed to developing and
> incorporating a new renewable energy supply requirement, improved
> emissions and other environmental performance standards and
> introducing a standard for low-impact hydro electric generation
> technologies over time. The Board anticipates that any substantive
> changes made to the Code of Conduct will be done with the advice of
> marketers and generators, and that most changes will be made on a
> prospective basis. The content of the Code of Conduct could also
> change to be consistent with changes in state and federal laws and
> regulations.

# II. Mission Statement

The Green Power Board seeks to:

1.  Bolster customer confidence in the reliability of retail electricity
    products reflecting renewable energy generation.

2.  Expand the retail market for electricity products incorporating
    renewable energy, including expanding the demand for new renewable
    energy generation.

3.  Provide customers clear information about retail "green" electricity
    products to enable them to make informed purchasing decisions.

4.  Encourage the deployment of electricity products that minimize air
    pollution and reduce greenhouse gas emissions.

# III. Definitions

> [Eligible Renewable Resource Facility]{.underline}: A certified
> project generating electricity from a renewable resource.
>
> [Eligible Renewable Resource Product]{.underline}: A "green"
> electricity product that meets the following conditions:
>
> i\) obtains at least 50% of its total electricity supply from
> "eligible renewable resource facilities;"
>
> ii\) the non-renewable generation component of an eligible product
> must have an emissions rate per kWh for SO2, NOx, and CO2 that does
> not exceed the average emissions rates for the fossil portion of
> system power; moreover, in no event may the total fossil emissions
> from an eligible product exceed the average system power emissions
> rate;
>
> iii\) the product does not include nuclear power other than what is
> contained in any system power purchased for this product.
>
> In addition, within one year from the initiation of this program, the
> Green Power Board will create a standard that includes a requirement
> for "new" renewable resource power supply (i.e., the generation of new
> "renewable" kilowatt hours that were not previously available in the
> marketplace) and low-impact hydro standard. These standards will be
> prospectively incorporated into the minimum criteria, and will be
> periodically reviewed and adjusted by the Board as necessary to meet
> the goals of this program.
>
> Finally, it is the intent of the Green Power Board that the total
> emissions from an eligible renewable facility using waste fuel be a
> net emissions benefit. To achieve this, the total emissions from an
> eligible renewable facility using waste biomass fuel must be less than
> the emissions from the most common alternative method for disposing of
> that fuel plus the emissions associated with producing an equivalent
> quantity of system power. We do not anticipate a problem in this area,
> but the Green Power Board reserves the right to develop an official
> standard of this type in the future and verify compliance if
> necessary.
>
> [Eligible Retail Customers:]{.underline} Customers who satisfy their
> total external electricity need (i.e., power not generated on-site)
> from an "eligible renewable resource product."
>
> [Environmentally Superior Product:]{.underline} A product that
> reflects 1) a greater proportion of renewable energy and 2) lower
> emissions per kilowatt hour of SO~x~, NO~x~, and CO2 than system
> power.
>
> [Fossil Resources:]{.underline} Electric generation using natural gas,
> oil, coal, or petroleum coke or other petroleum based fuels.
>
> [Green Power]{.underline}: This term is synonymous with "eligible
> renewable resource product."
>
> [Green Power Board (Board):]{.underline} The Governing Board for this
> project (see Attachment COC-A \-- Governance Policies). The Board
> meets twice annually as a full board, and may convene meetings in
> subcommittee as necessary.
>
> [Green-e Brand]{.underline}: The certification mark, registered and
> owned by the Center for Resource Solutions, representing an electric
> power product conforming with and used in conformance with the
> requirements of this Code.
>
> [Green-e Certified Supplier]{.underline}: An electric power product
> supplier who has agreed to abide by the Code of Conduct and who sells
> products conforming with Board standards, including a minimum
> renewable resource content not less than the next 10% increment
> greater than the renewable resource content of system power. Board
> certified providers may not use the Green-e Brand in conjunction with
> any product unless the product reflects not less than 50% of its
> energy supply from renewable resources and meets the additional
> eligibility requirements.
>
> [Net System Power:]{.underline} Mix of electricity fuel source types
> based upon governmental reporting and record collection activities for
> electricity generation source that are not disclosed or marketed as
> specific purchases.
>
> [New Renewable Resource Power:]{.underline} Energy generated by a
> certified renewable resource facility that was not available in the
> marketplace prior to January 1, 1997 (either through a utility
> contract or otherwise). Examples: Power generated in excess of that
> provided for in a utility interconnection agreement/utility power
> purchase agreement; increased energy capacity resulting from
> re-powering a renewable resource facility; or power generated by a
> renewable resource facility not operational (not selling into the
> grid) prior to 1997.
>
> [Product:]{.underline} Under the Green-e Program a product is defined
> as a mix of specific purchase and possibly system power resources
> offered to consumers that conforms to the Program's resource content
> and emissions guidelines. Pricing variations that do not change a
> given product's resource mix, SO~x~, NO~x~, or greenhouse gas
> emissions, do [not]{.underline} constitute different products.
>
> [Renewable Resources:]{.underline} Technologies using biomass
> (including waste-to-energy and land-fill gas); geothermal; small
> hydro-electric (30MW); solar; wind or ocean-based renewable resources
> to generate electricity. This definition may be modified upon
> recommendation of a state or regional stakeholders advisory group
> establishing the Green-e Program. In California, the definition is
> intended to be consistent with California Resources Code Section 2805,
> Article 7, 381.b.3, and PURPA's relevant "technology definitions." In
> Pennsylvania, the definition of biomass excludes municipal waste
> incineration, coal and other fossil fuel incineration, and tire
> incineration. The Pennsylvania definition also includes use of
> approved energy efficiency measures (see "*Green-e Energy Efficiency
> Option: Marketer Guidelines*"). In all cases, the definition applies
> unless and until more rigorous standards are adopted by the Board.
>
> [Secondary Use of the Brand:]{.underline} Secondary use of the Brand
> includes any and all uses of the Brand by eligible retail customers,
> whether in advertising, public display or otherwise. Secondary use
> requirements are provided in the Green-e Compliance Review Procedures,
> Attachment C ("*Green-e Logo Use Standards and Guidelines: Large
> Customers*").
>
> [Specific Purchases]{.underline}: Electricity transactions which are
> traceable to specific generation sources by an auditable contract
> trail or equivalent, such as a tradable commodity system, that
> provides commercial verification that the electricity source claimed
> has been sold once and only once to retail consumers.
>
> [Supply:]{.underline} Specific purchases of power reflected in the
> product produced for ultimate sale and sold over the electric grid.
> This Code does not intend to assert that products reflect an actual
> physical relationship between electrons generated at a particular
> facility and those used by a particular customer.

# IV. Ethical Guidelines

> The following ethical guidelines, policies for censure, data for
> verification, and required customer contract information apply to a
> participating company's non-eligible products as well as their to
> eligible products.
>
> Each company wishing to use the Green Power Board Brand (Green-e) or
> to claim status as a Green Power Board Certified Supplier agrees to do
> the following:

1.  Provide all customers, at the time of subscription, a one page
    summary of contract information (using the adopted format and
    guidelines) written in clear, simple and easily understood terms.

2.  Provide a disclosure statement to prospective customers that lists
    (using the standard format provided) the resources from which the
    electricity in the product being marketed will be generated
    (prospective disclosure). The resource disclosure statement shall be
    provided with any mailed marketing materials, before switching a
    customer and once per year thereafter. If applicable, this
    information will also be posted on the company's website. The
    proposed format of the disclosure statement is listed in Attachment
    COC-B; in California, the final format will remain consistent with
    implementation of state of California disclosure requirements.

3.  Provide customers with an annual report that includes data on the
    resources used to generate the past year's electricity purchased by
    the customer (historic disclosure - format consistent with
    Attachment COC-B).

4.  Provide the Center for Resource Solutions with the information
    necessary to substantiate the portfolio electricity sources and air
    emission content required for program eligibility.

5.  Agree to sell retail renewable energy only once and, in the case of
    a reseller that purchases a wholesale product for retail sale, to
    take reasonable measures, to ensure that suppliers (if different
    from the marketer) also do not sell renewable energy more than once.

6.  Environmental marketing claims used in advertising will be factually
    based (and be objectively verifiable to the extent technically
    possible) and:

-   Be sufficiently clear and prominent to prevent deception;

-   Not represent that customers are actually delivered electrons from
    specific generation facilities;

-   Not overstate environmental attributes or benefits, expressly or by
    implication; and

-   Present comparative claims in a manner that makes the basis for the
    comparison sufficiently clear to avoid customer deception.

7.  Disclose information, but not make specific claims about the
    attributes of system power purchased as part of an electricity
    product.

8.  Use the Green-e Brand (Green-e) only in compliance with the Brand
    usage standards and guidelines outlined in the contract under "Use
    of Logo" and in accordance with the Green-e Compliance Review
    Procedures, Attachment B ("*Green-e Logo Use Standards and
    Guidelines: Power Marketers*"), including using the specified
    artwork and colors as indicated. Violators of the usage standards
    and guidelines can loose their eligibility to use the Green-e upon
    action by the Board.

9.  Submit to the Board only applications from "eligible retail
    customers," as defined above, for licensed secondary Brand use.

10. Notify customers and the Green Power Board annually if/when an
    eligible product does not meet its eligibility requirements (e.g.,
    if the renewables fraction is reduced by over 5 percent even after
    the four month remedy period) and:

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i.  allow the customer the option of canceling the service if the
    product reflects a lower renewable content than that for which they
    have contracted;

ii. provide the Center for Resource Solutions with the information
    required to substantiate claims for new product supply elements; and

iii. if this change results in a product that does not meet threshold
     criteria, notify customers that this product is no longer eligible
     to use the Green-e Brand.

# V. Guidelines for Presenting Customer Terms of Service Information

> A summary of primary contract terms and provisions will be provided to
> potential customers so they have information for making informed
> decisions. A format for this summary sheet is provided in the Green-e
> Compliance Review Procedures, Attachment A ("*Price, Terms, and
> Conditions of Service*"). The Green Power Board will coordinate with
> appropriate regulatory officials to ensure that the content and format
> of this information is compatible with state regulations. The Green
> Power Board reserves the right to require additional information
> beyond that required by law and regulation. This information includes:

-   Name of the Company and/or joint venture partners with whom the
    customer is contracting (if a subsidiary or joint venture, list name
    of parent company).

-   Primary customer contact person and their phone number (and customer
    service number, email or website, if available).

-   Brief summary (2 or 3 sentences) of the advantages of the portfolio
    being marketed (e.g., "Solar B Power is a competitively priced
    electric service product that reflects more than 50% power from
    solar thermal and solar electric "photovoltaic" renewable resources.
    Solar B Power has 75% lower air emissions (SO2, NOX, and CO2 -
    greenhouse gases) than system power. Solar B subscribers purchase
    the power output from the newly constructed Solar III Power Tower
    and Sacramento photovoltaic facilities.")

-   Duration of the contract (contract length in months).

-   The proposed rate structure, including fixed and variable charges.

-   Price volatility or other price, environmental, or availability
    risks associated with the product.

-   A disclosure statement indicating the percentage of the energy
    portfolio that will be contributed by various resources.
    (Prospective disclosure \-- see label sample).

-   The obligations/charges associated with changing from the current
    portfolio and/or retail provider to another (if any).

    The resource disclosure statement shall be included in written
    marketing materials, at the time of subscription in a written report
    to customers once per year thereafter, and, if applicable, will be
    posted on the company's website.

# VI. Product Substantiation Information  {#vi.-product-substantiation-information .unnumbered}

An independent audit that verifies a marketers purchases of renewable
and non-renewable supply, consistent with a marketer's claims, will be
kept on file at the Green Power Board (or its agent's) offices and will
be made available upon request. The Green Power Board (or its agent)
will verify each product the first year it is introduced, and will spot
check products subsequently. Substantiation data must be provided each
year, and this information must include:

-   Verification that the appropriate information on renewable resource
    purchases and basic resource information has been filed with the
    Center for Resource Solutions;

-   An affidavit that the product (averaged over one year) will be
    comprised of energy from the resources indicated (within
    [+]{.underline} 5% or will be remedied within 4 months of receiving
    the tally of the average resource contributions for that year);

-   An annual affidavit attesting to the product content for the past
    calendar year;

-   Documentation using the program's adopted algorithms (or some other
    credible source such as EPA or local air district reports) that show
    the fossil portion of the product has the same or lower air
    emissions in each category than does the fossil portion of an
    equivalent amount of system power (or other undifferentiated power
    source).

-   Data for verification of non-eligible product claims, prices or
    contract conditions may be requested of a marketer if complaints
    relevant to the Green Power Board's Code of Conduct provisions are
    received by the Board about a participating marketer's product(s)
    and/or professional conduct.

# VII. Censure of Marketers Using Deceptive or Unethical Practices or Advertising  {#vii.-censure-of-marketers-using-deceptive-or-unethical-practices-or-advertising .unnumbered}

Retail electric power marketers who do not adhere to the Code of Conduct
or knowingly use deceptive or unethical practices/advertising will be
denied the right to use the Green-e or statement of verification on any
of their electricity products for 18 months. A repeat or egregious
offender could be permanently censured at the discretion of the Board,
and may be liable for damages incurred by this program and/or its Board
as a result of these offenses.

In the event that the Board decides that a retail electric power
marketer shall not be eligible to use the Brand, the Board may require
the marketer to:

-   Immediately desist using the Green-e; and

-   Refrain from making public reference to participation in the Green-e
    Program's activities in marketing and other materials; and

-   Allow any customer to terminate (without penalty) any existing
    contracts for previously Certified products and offer to compensate
    any customer for switching expenses.

    Further, pursuant to the terms of this Code of Conduct and
    participation in the Green Power Board's activities, the Board
    reserves the right to:

-   Notify the censured power marketer's customers in writing of the
    marketer's loss of authority to use the Brand;

-   Provide such customers with a list of alternative suppliers offering
    products authorized to use the Brand.

Revised July 24, 1998

> **Exhibit 2**

**Green-e Renewable Electricity Program**

**[Standard for New Renewables]{.smallcaps}**

> *On September 3, 1998 the Green Power Board finalized the following
> provisions for the Green-e standard on use of new renewable
> resources.*

***Definition of New Renewables***

1\) The Green-*e* definition of new renewables is consist with
California state law, but with a \"trigger\" date of January 1, 1997.
Green-*e* excludes the use of hydropower to meet the program's new
resource requirements.

***Certified vs. Verified Products***

2\) All products, whether wholesale or retail, must meet the new
standard to remain Green-e certified. Green-*e* will, however, verify
*wholesale* products that meet all Green-*e* criteria other than the new
standard. These products will be unable to use the Green-*e* logo, which
is used only to denote certified products. In all other respects,
marketers with verified products will have equal standing within the
Green-*e* program.

***Standard Start Date***

3\) All products offered in California beginning 1/1/2000 must meet the
new standard. In all other states, the new standard will begin one year
after Green-*e* launch.

***Percentage Requirements for New Resources***

4\) The new standard starts at 5% of total product content in the first
year, increasing to 10% in the following year. Green-*e* has a goal of
increasing the percentage further to 25% by year five, most likely in 5%
increments over the course of the five years. Recognizing that market
conditions may change, however, Green-*e* will only commit to the 5% and
10% standards at this time. Green-*e* commits to reviewing the standard
level, at least two years before a change is made, to assess whether and
how to meet the year five 25% new content goal. These standards are
strict minimum standards.

***Accounting/Audit Mechanism***

5\) Total demand for each certified product in a given year must be met
with the appropriate level of new renewables required in that year, to
be supplied *no later than* one year later. Using the year one standard
as an example, the 5% new requirement in California for the year 2000
must be met *no later than* the end of 2001. That is, total demand for a
certified product in the year 2000 must be met with 5% new renewables
that is supplied *no later than* the end of the year 2001. Total demand
for a certified product in year 2001 must be met with 10% new renewables
by year end 2002.

###  Exhibit 3

> **Electrical Requirements of the Environmental Protection Laboratory**
>
> *(See Attachment 1 for more detailed load data)*
>
> **[Month]{.underline}** **[Demand]{.underline}** **[kWh
> Usage]{.underline}**
>
> January 273 153,000
>
> February 258 144,600
>
> March 282 153,300
>
> April 324 138,300
>
> May 273 142,800
>
> June 333 153,600
>
> July 321 145,200
>
> August 339 150,900
>
> September 300 157,200
>
> October 321 135,600
>
> November 258 123,600
>
> December 273 147,300

## Total 1,747,400

> **Name and Address of Contracting Officers Representative:**
>
> Ms. Jennifer Mann
>
> Environmental Protection Agency
>
> 1337 South 46^th^ Street
>
> Richmond, California 94804-4698
>
> Telephone No. (510) 412-2314
>
> **Environmental Protection Agency Laboratory Account No.**
>
> YJT 01 13902-5
>
> **Payment Office Address**
>
> U.S. Environmental Protection Agency
>
> Region 9 Laboratory
>
> 1337 South 46^th^ Street
>
> Building 201
>
> Richmond, California 94804-4698