the detroit edison companyact of 1949, as amended, 40 u.s.c. sol(b)(l), and the detrott edison...

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Areawide Public Utility Contract for Electric Service Contract No. GS-OOP-06-BSD-0445 between the United States of America and The Detroit Edison Company for the State of Michigan \ \ ' \

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Page 1: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

Areawide Public Utility Contract

for Electric Service

Contract No GS-OOP-06-BSD-0445

between the

United States of America

and

The Detroit Edison Company

for the

State ofMichigan

middot

Negotiated Areawide Contract No GS~OOP-06-BSD0445

between the United States of America

and The Detroit Edison Company

TABLE OF CONTENTS

Article

Preamble and Whereas Clauses 1 1 Definitions 2 2 Scope and Duration of Contract 3 3 Existing Contracts 3 4 Authorization Procedure and Service Disconnections 3 5 Rates Charges and Public Regulation 4 6 Bills and Billing Data 4 7 Payments for Services 5 8 Contractor-Owned Meters 5 9 Equipment and Facilities 5

10 Liability 6 11 Access to Premises 6 12 Parties of Interest 6 13 Representations and Certifications 6 14 Supplemental Clauses 7 15 Small Business Subcontracting Plan 7 16 Notices bull bull bull 7 17 Reporting 8 18 Miscellaneous 8 Signatures 9 Certificate 10

Authorization for Electric Service Exhibit A

NEGOTIATED AREAWIDE CONTRACT No GSmiddotOOPmiddot06middotBSD-0445

BETWEEN THE UNITED STATES OF AMERICA

AND THE DETROIT EDISON COMPANY

THIS AREAWIDE CONTRACT FOR ELECTRIC SERVICE Is executed this lO-th day of~gtmiddot 2ooJ between the UNITED STATES OF AMERICA acting through the Admlo(strator of General Services (hereinafter referred to as the Government) pursuant to the authority contained In SectiOn 201(a) of the Federal Property and Administrative Services Act of 1949 as amended 40 USC SOl(b)(l) and The Detrott Edison Company (hereinafter referred to as the Contractor

WHEREAS the Contractor Is a public utlnty company that Is regulated by the Federal Energy Regulatory Commission and the Michigan Public Service Commission (heretnafter referred to collectively as the Commtssion~ and having Its principal office and place of business at 2000 Second Avenue Detroit Michigan 48226

WHEREAS the Contractor now has on file with the Commission all of Its effective tariffs rate schedules riders rules and regulatory terms and conditions of service as applicable

WHERpound45 with some exceptions the Government Is generally required by Olapter 1 of Title 48 of the Federal Acquisition Regulation (FAR) 48 CFR 41204 to enter Into a btlateral rontract for Utility service at each Federal facility where the value of the utility service provided Is expected to exceed $50000 per year

WHEREAS where the Government has an Areawide contract In effect wtth a particular utility then such utility servicemiddotis normaUy to be procured thereunder

WHER~ the Government Is now purchasing electric service from the Contractor under some other service arrangement and

WHERpound45 the Contractor and the Government mutually desire that this Areawide Contract be used by the agencies of the Government In obtalntng electric service from the Contractor

NOW THEREFORE in consideration of the premises and mutual covenants herein contained the parties hereby agree as follows

ARTICLE 1 DEFJNmONS

11 As used In this contract

(a) Areawide Contract means this master contract entered Into between the Government and Contractor to cover the electrlt service for all Federal agencies in the franchised certificated service terrttory from Contractor for a period not to exceed ten (10) years

(b) Agency means any Federal department agency or Independent estabtishment in the executive branch of the Government any establishment In the legislative or judicial branches of the Federal Government or any wholly mixed ownership Government corporation as defined in the Government Corporation Control Act

(c) Ordering Agency means any Agency that enters into a bilaterally exea~ted Authonzation for procurement of electric service under this Areawide Contract

(d) Authorization means an order form used to acquire service under this Areawide Contract (see Exhibit Abull AUTHORIZATION FOR ElfCTRIC SERVICE annexed hereto)

(e) Termination Authorization means an order form used to discontinue or dlsconnect services under thiS Areawide Contract (see Exhibit A AIJTHORIZAllON FOR ELECTRIC SERVICE)

(f) Service means any electric service generally available trom the Contractor pursuant to Contractors Tariffs or the Contractors Terms and COnditions whidlever is applicable

(g) Electric service means regulated electric commodities transmission andor distr1bUtion services

(h) MContractors Tariffs means the utility Companys electrtc services Tariffs and lndudes rate schedules riders rules regulations and regulated terms and conditions of service as may be modified amended or supplemented by the Contractor from time to time and approved by the Commission

(I) Contractors Terms and Condltlons for this Ag~ment means the tenns conditions polldes payment terms and prices established by the COntractor for those services that are provided pursuant to this Contract but not specifically subject to Commission approval

0gt Connection Olarge means a Contractors charge for fadUttes on the Contractors side of the delivery point w~~ fadlitJes (1) are required to make connections with the nearest point of supply and (2) are in accordan~ with the Contractors Tariffs and the Commissions rules and regulations lnstaned owned maintained and operat~ by fue Contractor and

(k) 5ervlce Oassiflcation means those categories of service establiShed In the Contractors Tartff as ftled with the Commission

12 This Altide Is hereby expanded to Include the additional definitions contained in FAR dause 52202-1 Oefinitlons (JUL 2004) 48 CFR 52202middot 1 which are Incorporated herein by reference

2

ArtnCLE 2 SCOPE AND DURA noN OF CONTRACT

21 This Areawide Contract shall be In effect upon the date of executfon and shall continue for a period of ten (10) years unless earlier terminated in accordance with this Section 21 provtded however that the ageodes of the Government may only use this Areawide Contract to obtain services from the Contractor In accordance with this Areawide Contract the COntractors Tariffs and the proviSions of the Energy Policy Ad of 1992 (10 USC 2865 and 42 USC 8256) on and after the date of execution The Government pursuant to the dause contained In FAR 52249middot2 (48 CFR 52249-2) Incorporated Into this Areawide COntract under Arncle 141middot25 or the Contractor upon 60 days written notice to the Government may terminate this Areawide Contract In whole or In part when It is In their respective Interest to do so provided however that neither the stated duration of this Areawide Contract nor any other termination of It In whole or In part pursuant to this Artide 21 or otherwise shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors Tariffs andor other Terms and Conditions mutualfy agreed upon by the Ordering Agency and Contractor In an Individual Authorization

22 Authorizations may be executed under this A~wlde Contract at any time durtng the tenn of the contract up to and Including the last effective date Authonzatlons may be executed for a term extending beyond the tenn of this Areawide Contract provided that It Is Within the contracting authority of the Ordering Agency

23 Expiration or termination of this contract shaU not cause the tenninat1on of an Individual Authorizatlon(s) Issued under this AreaWide COntract Such Authorizations shall remain In effect for their designated term and shall Incorporate the terms and conditions of this Areawide Contract

24 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electnc Service which ls consistent with Contractors Tartffs Upon bilateral execution of an Authorization the COntractor agrees to furnish to the Ordering Agency and the Ordering Agency agrees to purchase from the Contractor the above noted seiVkeS for the lnstallatlon(s) or facilities named In the Authorization pyrsoant to the terms of this AreaWide Contract and Contractors Tariffs

25 Nothing In this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering Into an Authorization for negot)ated rates based upon load shedding capability existence of curtallable load unique energy usage patterns or service of a special nature provided such negotiated rates or service are In accordance wtth the rules and regulations ofthe Commission for the partict~lar service

AkTlClE l EXImNG CONTRACTS

31 The parties agree that an Agency currently acquiring service from the Contractor under a separate written contract may continue to do so until that contract expires or until such time as the Agency and the Contractor mutually agree to terminate that separate written contract and have such service provided pursuant to this Areawide Contract by executtng an appropriate AuthoriZation or Authorizations However all new acquisitions or changes of service shall be procured using the Exhibit Authorizations provided With this Areawide Contract GS-QOP-()6-BSD-0445 In aetordance with Article 11 (d) above

32 Existing special rates and servtces of a special nature currently provided under a separate written contract may be continued under the Authorizations descrtbed In Article 31 r requested by the Ordering Agency and agreed upon by the COntractor

ARTlCLE 4 AUTHORJZA110N PROCEDURE AND SERVICE DJSCONNEcnoN

41 To obtain or change service under this Areawide Contract the Ordering Agency shall complete the appropnate AuthoriZation and forward it to the Contractor Upon the request of the Ordering Agency and provided that the Ordering Agency does not have any balance due and owing the COntractor for any servlce(s) and consistent with the applicable COmmiSSion blUing practice rules the Contractor shall endeavor to provide reasonable assistance to the Ordering Agency In selecting the Service Oasslllcation which may be most favorable to the Ordering Agency Upon execution of an Authorization by both the Contractor and the Ordering Agency the date of Initiation or change In service shall be effective as of the date spedfled in the Authorization An executed copy of the Authorization (cover page only) shall be transmitted by the Ordering Agency to GSA at the address provided In Artde 161

42 Outing the term of this Areawide Contract effectlve Authorizations need not be amended modified or changed by an Ordering Agency to reflect changes in accounting and appropriation data the Contractors Tariffs the Contractors cost of purchased fuel or the estimated annual cost of service SUch changes are considered Internal to the party Involved Where changes are required in effecttve Authorizations because of a change In the service requirements of an Ordenng Agency an amended Authorization shall be mutualty agreed upon and executed

43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal fudllty or Installation by delivering a wrttten Tennlnatlon Authorization to the other Soch diSQ)Otfnuance of service by an Ordering Agency or the Contractor shall be In accordance with the terms of this AreaWide Contract ttle Contractors Tariffs and the applicable Commission biMing practice rules

3

44 Within the authorities of the Ordering Agency the tenn of any IndiVIdual Authortzaton Is Independent of the expiration date of this Areawide Contract and the conditions and articles of thls Areawide Contract shad apply throughout the term of any Authorization placed against it In accordance with Article 184 herein

ARnCLE 5 RATES CHARGES AND PUBUC REGULAnON

51 Acomplete listing ofall Contractors Tariffs Is available to the Government and any Ordering Agency electronically at the Contractors website accessible via tQDwwwdteeoeravam bull

52 Subject to the provisions of Article 24 all Elecbic Service purchases under this Areawide Contract as well as any other actlon under this Areawide Contract shall be In acoordance with and subject to the Contractors Tartffs and the applicable Commission billing practice rules except to the extent that same are preempted by Federal law Throughout the term of this Areawide Contract the Government shall have full access to the Contractors currently etfectlve Tariffs In the event the Contractors Tariffs become Inaccessible VIa the Internet or the Ordering A9amp1Cf does not have access to the internet the Contractor agrees to provide newly effective or amended Tariffs in accordance with the Contractors Tariff dlstl1bution practices polides and procedures applicable to all customers

53 lf during the tenn of this Areawide Contract the Commission approves a change in rates for services specified in Authorizations in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees to continue to pay for those services at the newly approved rates from and after the date such fates are made effective As provided In Arttde 42 modlflcatton ofany Authorization hereunder is not necessary to implement highef or lower rates

54 The Contractor hereby represents and warrants to the Government that the servlte rates available to any Ordering Agendes hereunder shall at all times not exceed those available to any other customer served under the same Service Oassiflcatlon for the same or comparable service under like conditions of use Nothing herein 5tlall require the Contractor to apply service rates that are lnappiJcable to the Ordering Agency

55 Reasonable wrttten notice via an Authortzatton shah be given by the Ordering Agency to the Contractor at the address provided In Article 162 of any material changes proposed In the volume or characteristic of utility services required by the Ordering Agency

56 To the extent required by the Contractors Tariffs the Commissions rules and regulations or the Contractors polides and practices applicable to all customers and in accordance therewith any necessary extension alteratIM relocation or reinforcement of the COntractors transmiSSion or distribution lines related special facilities servke arrangements energy audit seNices or other serviceS requtred or requested by an Ordering Agency shall be provided and as applicable billed for by the Contractor to the extent such services do not adversely Impact other customers of the Contractor To the extent available from the Contractor the Contractor shall provide and as applicable bill for such technical assistance on or concerning an Ordering Agencys equipment (such as the inspection or ~ir of sud equipment) as may be requested by such Ordering Agency The charges for such technical assistance shall be calaJlated at the time the technical assistance Is rendered as mutuaUy agreed upon by the Contractor and the Agency and shall comply with Contractors Tantfs The Authorization or any other agreement used to obtain and provide the matters serviceS or technical assistance described In this Article 56 shall contain information desoiptiVe of the matters services or technical assistance required or requested lnduding the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the provision of said matters serlkes or technical assistance

57 The requirements of the Disputes dause at FAR 52233middot1 are supplemented to provide that matters Involving the Interpretation of Contractors Tariffs are subject to the jurisdiction and regulation or the utility rate commission having Jurisdiction

ARDCLE 6 BILLS AND BJLUNG DATA

61 The Electric Service supplied hereunder shall be billed to the Ordering Agency at the address spedfled In ead Authorization Bills shall be submitted in original only unless otherwise specified In the Authorllatlon All bills shall contain such data as Is required by the Commission to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained In bills provided to other customeiS of the Contractor served under the same 5ervlce Oassfficatlon as the Ordering Agency

4

ARnCLE 7 PAYMENTS FOR SERVICES

71 Payments hereunder shan not normally be paid In advance of serviceS rendered In acxordance with 48 CFR Subpart 324 unless required by the Contractors Tariff The Ordering Agency shal effect payment of afl bills for regulated services rendered under thts Contract In accordance with the tenns of the Contractors Tariff Changes In the Contractors Tariff provisions for the payment of bills shall supersede the provisions of this paragraph

72 Each payment made by Treasury check to the Contractor shaM lndude the Contractors billing stub(s) or a Government or Ordering Agency payment document that dearly and correctiy lists art of the Contractors account numbers to whldl the payment appNes and the dollar amount appllcabte to each aaount If payment Is by Electronic Funds Transfer either through the Automated aearlng House (ACH) or the Federal Reserve Wire Transfer system the provisions of FAR Subpart 52232-3-t shall appty (See Artlde 14) The Otdertng tqocy wm make invoice payments for services not subject to the direct regulation of the commission In accordance with the provfslons of the FAR Subpart 52232-25 (Artide 141middot16) The Interest rate for late payments made pursuant to thts dause shan be computed in accordance with the Offlte ol Management and Budget prompt payment regulations at 5 CFR 1315

ARnCU 8 CONTRACTOR-OWNED METERS

81 Metering equipment of standard manufacture suitable to measure aJI utllity services suppled by the Contractor hereunder shaH be fumlshed1 tnstalled cal4brated and maintained by the Contractor at its expense In the event any meter falls to register or registers lnrorrectfy as detennlned by the regcUatlons of the CornrrUssion billing adjustments shall be made In accordance with such regulations and Contractors Tariffs

82 The Contractor so far as possible shall read an meters monthly In accordance with the Contractors Tariff and the Commissions regulations

83 Meters shall be inspected upon~ at no direct charge to the Ordering Ageocy SUbsequent inspection petiodic testing repair and replacement of meters shall be done In such place and manner as provided by the Commissions regulations Upon notice tt1at a meter Is failing to reg~ correctly the Contractor shall take Immediate steps to effect replacement or repair Ordering Agencies shall have the right to request a meter test In accordance wlttl the procedures prescribed In the Commissions regulations and Contractors Tariffs The tests and applicable meter accuracy standards~ those set forth In the Commissions regUiatlons The expense of meter tests shall be borne by the party designatedas responsible therefor in the Commissions regulations

ARllaE 9 EQUIPMENT AND FACJUTIES

91 Subject to the provisions of Artfde 56 hereof the responsibility for Oyenmlng furnishing In~lltng and maintaining aH equipment and fadllties (other than meters) required to suppiy service at the deivery polnt(s) spedfied In an Authorization shan be determined In accordance wtth the Contractors Tariffs COntractors policies and practices and the Commissions rules and regulations The Ordering ~ shall proWe free of charge to the Contractor mutually agreeable locations oo Its premises for the tnstaJiaOOn of meters and such other equipment fumlshed and owned by the Contractor and necessary to suppty seNice hereunder The Contractor shalt at an times during the life of this Areawide Contract operate and maintain at its expense such equipment or fadlitfes as for which it has responsibility In aaa-dance with this Article 91 and shall assume all taxes and other charges in oonnect1on therewlh Notwtthstandlng anything to the contrary In FAR 52241middot5 (Contractors Fadlltles (FEB 1995) to the extent required by the Contractors Tariffs and In accordance thereof such equipment and fadllttes as tor wh6ch the Contractor has responsibftlty In accordance with this Artlde 91 shall be removed or If there Is any underground equipment or facilities tor wtlkh the Contractor has responsibility In accordance with this Artlde 91 such underground equipment or fadJitfes may be abandoned and In both cases the Agencys premises restored by the COntractor at its expense Within a reasonable time alter discontinuance of service to the Ordertng Agency

92 Ali necessary rlghts-ofmiddotway easements and such other rights necessary to permit the Contractor to perform under this contract shall be obtained and the expense for same borne In accordance With the Contractors Tariffs and the Commissions rules and regulations

5

ARnCLE 10 llABIUTY

101 When the Government andor an Ordering Agency has limited or restricted the Contractors right of ~ccess under Artlde 11 and thereby Interfered with the COntractors ability to supply service or to correct dangerous situations which are a threat to public safety the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Artlde (101) shall not be omstrued to limit the Governments liability under applicable law

102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any Interruptions In service and for any Irregular or defective service shall be determined In accordance with the Contractors Tariffs

103 Except as provided above and In accordance with the Contractors Tariff and Terms and Conditions of Service the Government shall not be liable for any damage or Injury to any person or property Including death occasioned solely by the Contractors itS employees or agents negligent ln~llatton use operation or lntenttonal miSuse of the Contractors equipment or fadlltJes

104 Jn aoordance with the Contractors Tariff andor Terms and COnditions of Service neither the Contractor nor Its employees or agents shall be liable for damage or Injury to any person or property lndudlng death occasioned solely by the negligent Installation use operation or Intentional misuse of Contractors equipment or racllltles by the Government Its employees or agents

105 The Contractor shall not be liable for inddents arising out of or In any way connected with the violation or compliance with any local state or federal environmental law or regulation resulting from pre-existing conditions at a Govemment job site release or spiR of any pre-existing hazardous materials or waste or out of the management and disposal or any pre-existing contaminated soils or ground water hazardous or non-hazardous removed from the ground as a result of WOOc perfonned by the Contractor

106 The Government agrees to accept full responsibility for and bear all costs associated with pre-existing environmefltal liability Responsibility for testing abatement remediation andor disposal of hazardous material lndudng but not limited to contaminated soil lead paint asbestos fuel oil or underground fuel oll tanks shall remain with the Government Wh~ there Is reason to suspect that hazardous material Is present at the work site or where hazardous material is encountered during the course of work being perfonned the Contractor shall stop work notify the Contractlng Officer and Activity personnel and request that the Government test the work site for such hazardous material and appropnately abate and dispose of such hazardous material Once the work site has been deared of all hazardous material the Contractor shall resume wOOlt In that area

ARTICLE 11 ACCESS TO PREMISES

111 The Contractor shaU have access to the premises served at all reasonable times during the term of this AreaWide Contract and at its expiration or termination for the purpose of reading meters making lnstallatlons repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper mUitary or other governmental authority may limit or restrict such light of access In any manner considered by such authority to be reasonably necessary or advisable

ARnCLE 12 PARTIES OF INTEREST

121 This Areawide Contract shall be binding upon and Inure to the benefit of the successors Jegaf representatives and assignees of the respective parties hereto

122 In the event the COntractor becomes aware that a change In ownership has occurred or Is certain to occur the Contractor shall notify the Contracting Officer at the address provided in Artide 161 within thirty (30) days of such ownership change In the event the Contractor falls to make the notification required by this Artide 122 the Government cannot guarantee the payment of outstanding Invoices In accordance with the provisions of Article 71

ARnCLE 13 REPRESENTAnONS AND CERTIFICATIONS

131 This Areawide Contract Incorporates by reference the representations and certifications made by the Contractor on Form PBS 3503 which Is oo fife with the Government

6

ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 2: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

Negotiated Areawide Contract No GS~OOP-06-BSD0445

between the United States of America

and The Detroit Edison Company

TABLE OF CONTENTS

Article

Preamble and Whereas Clauses 1 1 Definitions 2 2 Scope and Duration of Contract 3 3 Existing Contracts 3 4 Authorization Procedure and Service Disconnections 3 5 Rates Charges and Public Regulation 4 6 Bills and Billing Data 4 7 Payments for Services 5 8 Contractor-Owned Meters 5 9 Equipment and Facilities 5

10 Liability 6 11 Access to Premises 6 12 Parties of Interest 6 13 Representations and Certifications 6 14 Supplemental Clauses 7 15 Small Business Subcontracting Plan 7 16 Notices bull bull bull 7 17 Reporting 8 18 Miscellaneous 8 Signatures 9 Certificate 10

Authorization for Electric Service Exhibit A

NEGOTIATED AREAWIDE CONTRACT No GSmiddotOOPmiddot06middotBSD-0445

BETWEEN THE UNITED STATES OF AMERICA

AND THE DETROIT EDISON COMPANY

THIS AREAWIDE CONTRACT FOR ELECTRIC SERVICE Is executed this lO-th day of~gtmiddot 2ooJ between the UNITED STATES OF AMERICA acting through the Admlo(strator of General Services (hereinafter referred to as the Government) pursuant to the authority contained In SectiOn 201(a) of the Federal Property and Administrative Services Act of 1949 as amended 40 USC SOl(b)(l) and The Detrott Edison Company (hereinafter referred to as the Contractor

WHEREAS the Contractor Is a public utlnty company that Is regulated by the Federal Energy Regulatory Commission and the Michigan Public Service Commission (heretnafter referred to collectively as the Commtssion~ and having Its principal office and place of business at 2000 Second Avenue Detroit Michigan 48226

WHEREAS the Contractor now has on file with the Commission all of Its effective tariffs rate schedules riders rules and regulatory terms and conditions of service as applicable

WHERpound45 with some exceptions the Government Is generally required by Olapter 1 of Title 48 of the Federal Acquisition Regulation (FAR) 48 CFR 41204 to enter Into a btlateral rontract for Utility service at each Federal facility where the value of the utility service provided Is expected to exceed $50000 per year

WHEREAS where the Government has an Areawide contract In effect wtth a particular utility then such utility servicemiddotis normaUy to be procured thereunder

WHER~ the Government Is now purchasing electric service from the Contractor under some other service arrangement and

WHERpound45 the Contractor and the Government mutually desire that this Areawide Contract be used by the agencies of the Government In obtalntng electric service from the Contractor

NOW THEREFORE in consideration of the premises and mutual covenants herein contained the parties hereby agree as follows

ARTICLE 1 DEFJNmONS

11 As used In this contract

(a) Areawide Contract means this master contract entered Into between the Government and Contractor to cover the electrlt service for all Federal agencies in the franchised certificated service terrttory from Contractor for a period not to exceed ten (10) years

(b) Agency means any Federal department agency or Independent estabtishment in the executive branch of the Government any establishment In the legislative or judicial branches of the Federal Government or any wholly mixed ownership Government corporation as defined in the Government Corporation Control Act

(c) Ordering Agency means any Agency that enters into a bilaterally exea~ted Authonzation for procurement of electric service under this Areawide Contract

(d) Authorization means an order form used to acquire service under this Areawide Contract (see Exhibit Abull AUTHORIZATION FOR ElfCTRIC SERVICE annexed hereto)

(e) Termination Authorization means an order form used to discontinue or dlsconnect services under thiS Areawide Contract (see Exhibit A AIJTHORIZAllON FOR ELECTRIC SERVICE)

(f) Service means any electric service generally available trom the Contractor pursuant to Contractors Tariffs or the Contractors Terms and COnditions whidlever is applicable

(g) Electric service means regulated electric commodities transmission andor distr1bUtion services

(h) MContractors Tariffs means the utility Companys electrtc services Tariffs and lndudes rate schedules riders rules regulations and regulated terms and conditions of service as may be modified amended or supplemented by the Contractor from time to time and approved by the Commission

(I) Contractors Terms and Condltlons for this Ag~ment means the tenns conditions polldes payment terms and prices established by the COntractor for those services that are provided pursuant to this Contract but not specifically subject to Commission approval

0gt Connection Olarge means a Contractors charge for fadUttes on the Contractors side of the delivery point w~~ fadlitJes (1) are required to make connections with the nearest point of supply and (2) are in accordan~ with the Contractors Tariffs and the Commissions rules and regulations lnstaned owned maintained and operat~ by fue Contractor and

(k) 5ervlce Oassiflcation means those categories of service establiShed In the Contractors Tartff as ftled with the Commission

12 This Altide Is hereby expanded to Include the additional definitions contained in FAR dause 52202-1 Oefinitlons (JUL 2004) 48 CFR 52202middot 1 which are Incorporated herein by reference

2

ArtnCLE 2 SCOPE AND DURA noN OF CONTRACT

21 This Areawide Contract shall be In effect upon the date of executfon and shall continue for a period of ten (10) years unless earlier terminated in accordance with this Section 21 provtded however that the ageodes of the Government may only use this Areawide Contract to obtain services from the Contractor In accordance with this Areawide Contract the COntractors Tariffs and the proviSions of the Energy Policy Ad of 1992 (10 USC 2865 and 42 USC 8256) on and after the date of execution The Government pursuant to the dause contained In FAR 52249middot2 (48 CFR 52249-2) Incorporated Into this Areawide COntract under Arncle 141middot25 or the Contractor upon 60 days written notice to the Government may terminate this Areawide Contract In whole or In part when It is In their respective Interest to do so provided however that neither the stated duration of this Areawide Contract nor any other termination of It In whole or In part pursuant to this Artide 21 or otherwise shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors Tariffs andor other Terms and Conditions mutualfy agreed upon by the Ordering Agency and Contractor In an Individual Authorization

22 Authorizations may be executed under this A~wlde Contract at any time durtng the tenn of the contract up to and Including the last effective date Authonzatlons may be executed for a term extending beyond the tenn of this Areawide Contract provided that It Is Within the contracting authority of the Ordering Agency

23 Expiration or termination of this contract shaU not cause the tenninat1on of an Individual Authorizatlon(s) Issued under this AreaWide COntract Such Authorizations shall remain In effect for their designated term and shall Incorporate the terms and conditions of this Areawide Contract

24 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electnc Service which ls consistent with Contractors Tartffs Upon bilateral execution of an Authorization the COntractor agrees to furnish to the Ordering Agency and the Ordering Agency agrees to purchase from the Contractor the above noted seiVkeS for the lnstallatlon(s) or facilities named In the Authorization pyrsoant to the terms of this AreaWide Contract and Contractors Tariffs

25 Nothing In this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering Into an Authorization for negot)ated rates based upon load shedding capability existence of curtallable load unique energy usage patterns or service of a special nature provided such negotiated rates or service are In accordance wtth the rules and regulations ofthe Commission for the partict~lar service

AkTlClE l EXImNG CONTRACTS

31 The parties agree that an Agency currently acquiring service from the Contractor under a separate written contract may continue to do so until that contract expires or until such time as the Agency and the Contractor mutually agree to terminate that separate written contract and have such service provided pursuant to this Areawide Contract by executtng an appropriate AuthoriZation or Authorizations However all new acquisitions or changes of service shall be procured using the Exhibit Authorizations provided With this Areawide Contract GS-QOP-()6-BSD-0445 In aetordance with Article 11 (d) above

32 Existing special rates and servtces of a special nature currently provided under a separate written contract may be continued under the Authorizations descrtbed In Article 31 r requested by the Ordering Agency and agreed upon by the COntractor

ARTlCLE 4 AUTHORJZA110N PROCEDURE AND SERVICE DJSCONNEcnoN

41 To obtain or change service under this Areawide Contract the Ordering Agency shall complete the appropnate AuthoriZation and forward it to the Contractor Upon the request of the Ordering Agency and provided that the Ordering Agency does not have any balance due and owing the COntractor for any servlce(s) and consistent with the applicable COmmiSSion blUing practice rules the Contractor shall endeavor to provide reasonable assistance to the Ordering Agency In selecting the Service Oasslllcation which may be most favorable to the Ordering Agency Upon execution of an Authorization by both the Contractor and the Ordering Agency the date of Initiation or change In service shall be effective as of the date spedfled in the Authorization An executed copy of the Authorization (cover page only) shall be transmitted by the Ordering Agency to GSA at the address provided In Artde 161

42 Outing the term of this Areawide Contract effectlve Authorizations need not be amended modified or changed by an Ordering Agency to reflect changes in accounting and appropriation data the Contractors Tariffs the Contractors cost of purchased fuel or the estimated annual cost of service SUch changes are considered Internal to the party Involved Where changes are required in effecttve Authorizations because of a change In the service requirements of an Ordenng Agency an amended Authorization shall be mutualty agreed upon and executed

43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal fudllty or Installation by delivering a wrttten Tennlnatlon Authorization to the other Soch diSQ)Otfnuance of service by an Ordering Agency or the Contractor shall be In accordance with the terms of this AreaWide Contract ttle Contractors Tariffs and the applicable Commission biMing practice rules

3

44 Within the authorities of the Ordering Agency the tenn of any IndiVIdual Authortzaton Is Independent of the expiration date of this Areawide Contract and the conditions and articles of thls Areawide Contract shad apply throughout the term of any Authorization placed against it In accordance with Article 184 herein

ARnCLE 5 RATES CHARGES AND PUBUC REGULAnON

51 Acomplete listing ofall Contractors Tariffs Is available to the Government and any Ordering Agency electronically at the Contractors website accessible via tQDwwwdteeoeravam bull

52 Subject to the provisions of Article 24 all Elecbic Service purchases under this Areawide Contract as well as any other actlon under this Areawide Contract shall be In acoordance with and subject to the Contractors Tartffs and the applicable Commission billing practice rules except to the extent that same are preempted by Federal law Throughout the term of this Areawide Contract the Government shall have full access to the Contractors currently etfectlve Tariffs In the event the Contractors Tariffs become Inaccessible VIa the Internet or the Ordering A9amp1Cf does not have access to the internet the Contractor agrees to provide newly effective or amended Tariffs in accordance with the Contractors Tariff dlstl1bution practices polides and procedures applicable to all customers

53 lf during the tenn of this Areawide Contract the Commission approves a change in rates for services specified in Authorizations in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees to continue to pay for those services at the newly approved rates from and after the date such fates are made effective As provided In Arttde 42 modlflcatton ofany Authorization hereunder is not necessary to implement highef or lower rates

54 The Contractor hereby represents and warrants to the Government that the servlte rates available to any Ordering Agendes hereunder shall at all times not exceed those available to any other customer served under the same Service Oassiflcatlon for the same or comparable service under like conditions of use Nothing herein 5tlall require the Contractor to apply service rates that are lnappiJcable to the Ordering Agency

55 Reasonable wrttten notice via an Authortzatton shah be given by the Ordering Agency to the Contractor at the address provided In Article 162 of any material changes proposed In the volume or characteristic of utility services required by the Ordering Agency

56 To the extent required by the Contractors Tariffs the Commissions rules and regulations or the Contractors polides and practices applicable to all customers and in accordance therewith any necessary extension alteratIM relocation or reinforcement of the COntractors transmiSSion or distribution lines related special facilities servke arrangements energy audit seNices or other serviceS requtred or requested by an Ordering Agency shall be provided and as applicable billed for by the Contractor to the extent such services do not adversely Impact other customers of the Contractor To the extent available from the Contractor the Contractor shall provide and as applicable bill for such technical assistance on or concerning an Ordering Agencys equipment (such as the inspection or ~ir of sud equipment) as may be requested by such Ordering Agency The charges for such technical assistance shall be calaJlated at the time the technical assistance Is rendered as mutuaUy agreed upon by the Contractor and the Agency and shall comply with Contractors Tantfs The Authorization or any other agreement used to obtain and provide the matters serviceS or technical assistance described In this Article 56 shall contain information desoiptiVe of the matters services or technical assistance required or requested lnduding the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the provision of said matters serlkes or technical assistance

57 The requirements of the Disputes dause at FAR 52233middot1 are supplemented to provide that matters Involving the Interpretation of Contractors Tariffs are subject to the jurisdiction and regulation or the utility rate commission having Jurisdiction

ARDCLE 6 BILLS AND BJLUNG DATA

61 The Electric Service supplied hereunder shall be billed to the Ordering Agency at the address spedfled In ead Authorization Bills shall be submitted in original only unless otherwise specified In the Authorllatlon All bills shall contain such data as Is required by the Commission to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained In bills provided to other customeiS of the Contractor served under the same 5ervlce Oassfficatlon as the Ordering Agency

4

ARnCLE 7 PAYMENTS FOR SERVICES

71 Payments hereunder shan not normally be paid In advance of serviceS rendered In acxordance with 48 CFR Subpart 324 unless required by the Contractors Tariff The Ordering Agency shal effect payment of afl bills for regulated services rendered under thts Contract In accordance with the tenns of the Contractors Tariff Changes In the Contractors Tariff provisions for the payment of bills shall supersede the provisions of this paragraph

72 Each payment made by Treasury check to the Contractor shaM lndude the Contractors billing stub(s) or a Government or Ordering Agency payment document that dearly and correctiy lists art of the Contractors account numbers to whldl the payment appNes and the dollar amount appllcabte to each aaount If payment Is by Electronic Funds Transfer either through the Automated aearlng House (ACH) or the Federal Reserve Wire Transfer system the provisions of FAR Subpart 52232-3-t shall appty (See Artlde 14) The Otdertng tqocy wm make invoice payments for services not subject to the direct regulation of the commission In accordance with the provfslons of the FAR Subpart 52232-25 (Artide 141middot16) The Interest rate for late payments made pursuant to thts dause shan be computed in accordance with the Offlte ol Management and Budget prompt payment regulations at 5 CFR 1315

ARnCU 8 CONTRACTOR-OWNED METERS

81 Metering equipment of standard manufacture suitable to measure aJI utllity services suppled by the Contractor hereunder shaH be fumlshed1 tnstalled cal4brated and maintained by the Contractor at its expense In the event any meter falls to register or registers lnrorrectfy as detennlned by the regcUatlons of the CornrrUssion billing adjustments shall be made In accordance with such regulations and Contractors Tariffs

82 The Contractor so far as possible shall read an meters monthly In accordance with the Contractors Tariff and the Commissions regulations

83 Meters shall be inspected upon~ at no direct charge to the Ordering Ageocy SUbsequent inspection petiodic testing repair and replacement of meters shall be done In such place and manner as provided by the Commissions regulations Upon notice tt1at a meter Is failing to reg~ correctly the Contractor shall take Immediate steps to effect replacement or repair Ordering Agencies shall have the right to request a meter test In accordance wlttl the procedures prescribed In the Commissions regulations and Contractors Tariffs The tests and applicable meter accuracy standards~ those set forth In the Commissions regUiatlons The expense of meter tests shall be borne by the party designatedas responsible therefor in the Commissions regulations

ARllaE 9 EQUIPMENT AND FACJUTIES

91 Subject to the provisions of Artfde 56 hereof the responsibility for Oyenmlng furnishing In~lltng and maintaining aH equipment and fadllties (other than meters) required to suppiy service at the deivery polnt(s) spedfied In an Authorization shan be determined In accordance wtth the Contractors Tariffs COntractors policies and practices and the Commissions rules and regulations The Ordering ~ shall proWe free of charge to the Contractor mutually agreeable locations oo Its premises for the tnstaJiaOOn of meters and such other equipment fumlshed and owned by the Contractor and necessary to suppty seNice hereunder The Contractor shalt at an times during the life of this Areawide Contract operate and maintain at its expense such equipment or fadlitfes as for which it has responsibility In aaa-dance with this Article 91 and shall assume all taxes and other charges in oonnect1on therewlh Notwtthstandlng anything to the contrary In FAR 52241middot5 (Contractors Fadlltles (FEB 1995) to the extent required by the Contractors Tariffs and In accordance thereof such equipment and fadllttes as tor wh6ch the Contractor has responsibftlty In accordance with this Artlde 91 shall be removed or If there Is any underground equipment or facilities tor wtlkh the Contractor has responsibility In accordance with this Artlde 91 such underground equipment or fadJitfes may be abandoned and In both cases the Agencys premises restored by the COntractor at its expense Within a reasonable time alter discontinuance of service to the Ordertng Agency

92 Ali necessary rlghts-ofmiddotway easements and such other rights necessary to permit the Contractor to perform under this contract shall be obtained and the expense for same borne In accordance With the Contractors Tariffs and the Commissions rules and regulations

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ARnCLE 10 llABIUTY

101 When the Government andor an Ordering Agency has limited or restricted the Contractors right of ~ccess under Artlde 11 and thereby Interfered with the COntractors ability to supply service or to correct dangerous situations which are a threat to public safety the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Artlde (101) shall not be omstrued to limit the Governments liability under applicable law

102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any Interruptions In service and for any Irregular or defective service shall be determined In accordance with the Contractors Tariffs

103 Except as provided above and In accordance with the Contractors Tariff and Terms and Conditions of Service the Government shall not be liable for any damage or Injury to any person or property Including death occasioned solely by the Contractors itS employees or agents negligent ln~llatton use operation or lntenttonal miSuse of the Contractors equipment or fadlltJes

104 Jn aoordance with the Contractors Tariff andor Terms and COnditions of Service neither the Contractor nor Its employees or agents shall be liable for damage or Injury to any person or property lndudlng death occasioned solely by the negligent Installation use operation or Intentional misuse of Contractors equipment or racllltles by the Government Its employees or agents

105 The Contractor shall not be liable for inddents arising out of or In any way connected with the violation or compliance with any local state or federal environmental law or regulation resulting from pre-existing conditions at a Govemment job site release or spiR of any pre-existing hazardous materials or waste or out of the management and disposal or any pre-existing contaminated soils or ground water hazardous or non-hazardous removed from the ground as a result of WOOc perfonned by the Contractor

106 The Government agrees to accept full responsibility for and bear all costs associated with pre-existing environmefltal liability Responsibility for testing abatement remediation andor disposal of hazardous material lndudng but not limited to contaminated soil lead paint asbestos fuel oil or underground fuel oll tanks shall remain with the Government Wh~ there Is reason to suspect that hazardous material Is present at the work site or where hazardous material is encountered during the course of work being perfonned the Contractor shall stop work notify the Contractlng Officer and Activity personnel and request that the Government test the work site for such hazardous material and appropnately abate and dispose of such hazardous material Once the work site has been deared of all hazardous material the Contractor shall resume wOOlt In that area

ARTICLE 11 ACCESS TO PREMISES

111 The Contractor shaU have access to the premises served at all reasonable times during the term of this AreaWide Contract and at its expiration or termination for the purpose of reading meters making lnstallatlons repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper mUitary or other governmental authority may limit or restrict such light of access In any manner considered by such authority to be reasonably necessary or advisable

ARnCLE 12 PARTIES OF INTEREST

121 This Areawide Contract shall be binding upon and Inure to the benefit of the successors Jegaf representatives and assignees of the respective parties hereto

122 In the event the COntractor becomes aware that a change In ownership has occurred or Is certain to occur the Contractor shall notify the Contracting Officer at the address provided in Artide 161 within thirty (30) days of such ownership change In the event the Contractor falls to make the notification required by this Artide 122 the Government cannot guarantee the payment of outstanding Invoices In accordance with the provisions of Article 71

ARnCLE 13 REPRESENTAnONS AND CERTIFICATIONS

131 This Areawide Contract Incorporates by reference the representations and certifications made by the Contractor on Form PBS 3503 which Is oo fife with the Government

6

ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 3: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

NEGOTIATED AREAWIDE CONTRACT No GSmiddotOOPmiddot06middotBSD-0445

BETWEEN THE UNITED STATES OF AMERICA

AND THE DETROIT EDISON COMPANY

THIS AREAWIDE CONTRACT FOR ELECTRIC SERVICE Is executed this lO-th day of~gtmiddot 2ooJ between the UNITED STATES OF AMERICA acting through the Admlo(strator of General Services (hereinafter referred to as the Government) pursuant to the authority contained In SectiOn 201(a) of the Federal Property and Administrative Services Act of 1949 as amended 40 USC SOl(b)(l) and The Detrott Edison Company (hereinafter referred to as the Contractor

WHEREAS the Contractor Is a public utlnty company that Is regulated by the Federal Energy Regulatory Commission and the Michigan Public Service Commission (heretnafter referred to collectively as the Commtssion~ and having Its principal office and place of business at 2000 Second Avenue Detroit Michigan 48226

WHEREAS the Contractor now has on file with the Commission all of Its effective tariffs rate schedules riders rules and regulatory terms and conditions of service as applicable

WHERpound45 with some exceptions the Government Is generally required by Olapter 1 of Title 48 of the Federal Acquisition Regulation (FAR) 48 CFR 41204 to enter Into a btlateral rontract for Utility service at each Federal facility where the value of the utility service provided Is expected to exceed $50000 per year

WHEREAS where the Government has an Areawide contract In effect wtth a particular utility then such utility servicemiddotis normaUy to be procured thereunder

WHER~ the Government Is now purchasing electric service from the Contractor under some other service arrangement and

WHERpound45 the Contractor and the Government mutually desire that this Areawide Contract be used by the agencies of the Government In obtalntng electric service from the Contractor

NOW THEREFORE in consideration of the premises and mutual covenants herein contained the parties hereby agree as follows

ARTICLE 1 DEFJNmONS

11 As used In this contract

(a) Areawide Contract means this master contract entered Into between the Government and Contractor to cover the electrlt service for all Federal agencies in the franchised certificated service terrttory from Contractor for a period not to exceed ten (10) years

(b) Agency means any Federal department agency or Independent estabtishment in the executive branch of the Government any establishment In the legislative or judicial branches of the Federal Government or any wholly mixed ownership Government corporation as defined in the Government Corporation Control Act

(c) Ordering Agency means any Agency that enters into a bilaterally exea~ted Authonzation for procurement of electric service under this Areawide Contract

(d) Authorization means an order form used to acquire service under this Areawide Contract (see Exhibit Abull AUTHORIZATION FOR ElfCTRIC SERVICE annexed hereto)

(e) Termination Authorization means an order form used to discontinue or dlsconnect services under thiS Areawide Contract (see Exhibit A AIJTHORIZAllON FOR ELECTRIC SERVICE)

(f) Service means any electric service generally available trom the Contractor pursuant to Contractors Tariffs or the Contractors Terms and COnditions whidlever is applicable

(g) Electric service means regulated electric commodities transmission andor distr1bUtion services

(h) MContractors Tariffs means the utility Companys electrtc services Tariffs and lndudes rate schedules riders rules regulations and regulated terms and conditions of service as may be modified amended or supplemented by the Contractor from time to time and approved by the Commission

(I) Contractors Terms and Condltlons for this Ag~ment means the tenns conditions polldes payment terms and prices established by the COntractor for those services that are provided pursuant to this Contract but not specifically subject to Commission approval

0gt Connection Olarge means a Contractors charge for fadUttes on the Contractors side of the delivery point w~~ fadlitJes (1) are required to make connections with the nearest point of supply and (2) are in accordan~ with the Contractors Tariffs and the Commissions rules and regulations lnstaned owned maintained and operat~ by fue Contractor and

(k) 5ervlce Oassiflcation means those categories of service establiShed In the Contractors Tartff as ftled with the Commission

12 This Altide Is hereby expanded to Include the additional definitions contained in FAR dause 52202-1 Oefinitlons (JUL 2004) 48 CFR 52202middot 1 which are Incorporated herein by reference

2

ArtnCLE 2 SCOPE AND DURA noN OF CONTRACT

21 This Areawide Contract shall be In effect upon the date of executfon and shall continue for a period of ten (10) years unless earlier terminated in accordance with this Section 21 provtded however that the ageodes of the Government may only use this Areawide Contract to obtain services from the Contractor In accordance with this Areawide Contract the COntractors Tariffs and the proviSions of the Energy Policy Ad of 1992 (10 USC 2865 and 42 USC 8256) on and after the date of execution The Government pursuant to the dause contained In FAR 52249middot2 (48 CFR 52249-2) Incorporated Into this Areawide COntract under Arncle 141middot25 or the Contractor upon 60 days written notice to the Government may terminate this Areawide Contract In whole or In part when It is In their respective Interest to do so provided however that neither the stated duration of this Areawide Contract nor any other termination of It In whole or In part pursuant to this Artide 21 or otherwise shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors Tariffs andor other Terms and Conditions mutualfy agreed upon by the Ordering Agency and Contractor In an Individual Authorization

22 Authorizations may be executed under this A~wlde Contract at any time durtng the tenn of the contract up to and Including the last effective date Authonzatlons may be executed for a term extending beyond the tenn of this Areawide Contract provided that It Is Within the contracting authority of the Ordering Agency

23 Expiration or termination of this contract shaU not cause the tenninat1on of an Individual Authorizatlon(s) Issued under this AreaWide COntract Such Authorizations shall remain In effect for their designated term and shall Incorporate the terms and conditions of this Areawide Contract

24 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electnc Service which ls consistent with Contractors Tartffs Upon bilateral execution of an Authorization the COntractor agrees to furnish to the Ordering Agency and the Ordering Agency agrees to purchase from the Contractor the above noted seiVkeS for the lnstallatlon(s) or facilities named In the Authorization pyrsoant to the terms of this AreaWide Contract and Contractors Tariffs

25 Nothing In this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering Into an Authorization for negot)ated rates based upon load shedding capability existence of curtallable load unique energy usage patterns or service of a special nature provided such negotiated rates or service are In accordance wtth the rules and regulations ofthe Commission for the partict~lar service

AkTlClE l EXImNG CONTRACTS

31 The parties agree that an Agency currently acquiring service from the Contractor under a separate written contract may continue to do so until that contract expires or until such time as the Agency and the Contractor mutually agree to terminate that separate written contract and have such service provided pursuant to this Areawide Contract by executtng an appropriate AuthoriZation or Authorizations However all new acquisitions or changes of service shall be procured using the Exhibit Authorizations provided With this Areawide Contract GS-QOP-()6-BSD-0445 In aetordance with Article 11 (d) above

32 Existing special rates and servtces of a special nature currently provided under a separate written contract may be continued under the Authorizations descrtbed In Article 31 r requested by the Ordering Agency and agreed upon by the COntractor

ARTlCLE 4 AUTHORJZA110N PROCEDURE AND SERVICE DJSCONNEcnoN

41 To obtain or change service under this Areawide Contract the Ordering Agency shall complete the appropnate AuthoriZation and forward it to the Contractor Upon the request of the Ordering Agency and provided that the Ordering Agency does not have any balance due and owing the COntractor for any servlce(s) and consistent with the applicable COmmiSSion blUing practice rules the Contractor shall endeavor to provide reasonable assistance to the Ordering Agency In selecting the Service Oasslllcation which may be most favorable to the Ordering Agency Upon execution of an Authorization by both the Contractor and the Ordering Agency the date of Initiation or change In service shall be effective as of the date spedfled in the Authorization An executed copy of the Authorization (cover page only) shall be transmitted by the Ordering Agency to GSA at the address provided In Artde 161

42 Outing the term of this Areawide Contract effectlve Authorizations need not be amended modified or changed by an Ordering Agency to reflect changes in accounting and appropriation data the Contractors Tariffs the Contractors cost of purchased fuel or the estimated annual cost of service SUch changes are considered Internal to the party Involved Where changes are required in effecttve Authorizations because of a change In the service requirements of an Ordenng Agency an amended Authorization shall be mutualty agreed upon and executed

43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal fudllty or Installation by delivering a wrttten Tennlnatlon Authorization to the other Soch diSQ)Otfnuance of service by an Ordering Agency or the Contractor shall be In accordance with the terms of this AreaWide Contract ttle Contractors Tariffs and the applicable Commission biMing practice rules

3

44 Within the authorities of the Ordering Agency the tenn of any IndiVIdual Authortzaton Is Independent of the expiration date of this Areawide Contract and the conditions and articles of thls Areawide Contract shad apply throughout the term of any Authorization placed against it In accordance with Article 184 herein

ARnCLE 5 RATES CHARGES AND PUBUC REGULAnON

51 Acomplete listing ofall Contractors Tariffs Is available to the Government and any Ordering Agency electronically at the Contractors website accessible via tQDwwwdteeoeravam bull

52 Subject to the provisions of Article 24 all Elecbic Service purchases under this Areawide Contract as well as any other actlon under this Areawide Contract shall be In acoordance with and subject to the Contractors Tartffs and the applicable Commission billing practice rules except to the extent that same are preempted by Federal law Throughout the term of this Areawide Contract the Government shall have full access to the Contractors currently etfectlve Tariffs In the event the Contractors Tariffs become Inaccessible VIa the Internet or the Ordering A9amp1Cf does not have access to the internet the Contractor agrees to provide newly effective or amended Tariffs in accordance with the Contractors Tariff dlstl1bution practices polides and procedures applicable to all customers

53 lf during the tenn of this Areawide Contract the Commission approves a change in rates for services specified in Authorizations in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees to continue to pay for those services at the newly approved rates from and after the date such fates are made effective As provided In Arttde 42 modlflcatton ofany Authorization hereunder is not necessary to implement highef or lower rates

54 The Contractor hereby represents and warrants to the Government that the servlte rates available to any Ordering Agendes hereunder shall at all times not exceed those available to any other customer served under the same Service Oassiflcatlon for the same or comparable service under like conditions of use Nothing herein 5tlall require the Contractor to apply service rates that are lnappiJcable to the Ordering Agency

55 Reasonable wrttten notice via an Authortzatton shah be given by the Ordering Agency to the Contractor at the address provided In Article 162 of any material changes proposed In the volume or characteristic of utility services required by the Ordering Agency

56 To the extent required by the Contractors Tariffs the Commissions rules and regulations or the Contractors polides and practices applicable to all customers and in accordance therewith any necessary extension alteratIM relocation or reinforcement of the COntractors transmiSSion or distribution lines related special facilities servke arrangements energy audit seNices or other serviceS requtred or requested by an Ordering Agency shall be provided and as applicable billed for by the Contractor to the extent such services do not adversely Impact other customers of the Contractor To the extent available from the Contractor the Contractor shall provide and as applicable bill for such technical assistance on or concerning an Ordering Agencys equipment (such as the inspection or ~ir of sud equipment) as may be requested by such Ordering Agency The charges for such technical assistance shall be calaJlated at the time the technical assistance Is rendered as mutuaUy agreed upon by the Contractor and the Agency and shall comply with Contractors Tantfs The Authorization or any other agreement used to obtain and provide the matters serviceS or technical assistance described In this Article 56 shall contain information desoiptiVe of the matters services or technical assistance required or requested lnduding the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the provision of said matters serlkes or technical assistance

57 The requirements of the Disputes dause at FAR 52233middot1 are supplemented to provide that matters Involving the Interpretation of Contractors Tariffs are subject to the jurisdiction and regulation or the utility rate commission having Jurisdiction

ARDCLE 6 BILLS AND BJLUNG DATA

61 The Electric Service supplied hereunder shall be billed to the Ordering Agency at the address spedfled In ead Authorization Bills shall be submitted in original only unless otherwise specified In the Authorllatlon All bills shall contain such data as Is required by the Commission to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained In bills provided to other customeiS of the Contractor served under the same 5ervlce Oassfficatlon as the Ordering Agency

4

ARnCLE 7 PAYMENTS FOR SERVICES

71 Payments hereunder shan not normally be paid In advance of serviceS rendered In acxordance with 48 CFR Subpart 324 unless required by the Contractors Tariff The Ordering Agency shal effect payment of afl bills for regulated services rendered under thts Contract In accordance with the tenns of the Contractors Tariff Changes In the Contractors Tariff provisions for the payment of bills shall supersede the provisions of this paragraph

72 Each payment made by Treasury check to the Contractor shaM lndude the Contractors billing stub(s) or a Government or Ordering Agency payment document that dearly and correctiy lists art of the Contractors account numbers to whldl the payment appNes and the dollar amount appllcabte to each aaount If payment Is by Electronic Funds Transfer either through the Automated aearlng House (ACH) or the Federal Reserve Wire Transfer system the provisions of FAR Subpart 52232-3-t shall appty (See Artlde 14) The Otdertng tqocy wm make invoice payments for services not subject to the direct regulation of the commission In accordance with the provfslons of the FAR Subpart 52232-25 (Artide 141middot16) The Interest rate for late payments made pursuant to thts dause shan be computed in accordance with the Offlte ol Management and Budget prompt payment regulations at 5 CFR 1315

ARnCU 8 CONTRACTOR-OWNED METERS

81 Metering equipment of standard manufacture suitable to measure aJI utllity services suppled by the Contractor hereunder shaH be fumlshed1 tnstalled cal4brated and maintained by the Contractor at its expense In the event any meter falls to register or registers lnrorrectfy as detennlned by the regcUatlons of the CornrrUssion billing adjustments shall be made In accordance with such regulations and Contractors Tariffs

82 The Contractor so far as possible shall read an meters monthly In accordance with the Contractors Tariff and the Commissions regulations

83 Meters shall be inspected upon~ at no direct charge to the Ordering Ageocy SUbsequent inspection petiodic testing repair and replacement of meters shall be done In such place and manner as provided by the Commissions regulations Upon notice tt1at a meter Is failing to reg~ correctly the Contractor shall take Immediate steps to effect replacement or repair Ordering Agencies shall have the right to request a meter test In accordance wlttl the procedures prescribed In the Commissions regulations and Contractors Tariffs The tests and applicable meter accuracy standards~ those set forth In the Commissions regUiatlons The expense of meter tests shall be borne by the party designatedas responsible therefor in the Commissions regulations

ARllaE 9 EQUIPMENT AND FACJUTIES

91 Subject to the provisions of Artfde 56 hereof the responsibility for Oyenmlng furnishing In~lltng and maintaining aH equipment and fadllties (other than meters) required to suppiy service at the deivery polnt(s) spedfied In an Authorization shan be determined In accordance wtth the Contractors Tariffs COntractors policies and practices and the Commissions rules and regulations The Ordering ~ shall proWe free of charge to the Contractor mutually agreeable locations oo Its premises for the tnstaJiaOOn of meters and such other equipment fumlshed and owned by the Contractor and necessary to suppty seNice hereunder The Contractor shalt at an times during the life of this Areawide Contract operate and maintain at its expense such equipment or fadlitfes as for which it has responsibility In aaa-dance with this Article 91 and shall assume all taxes and other charges in oonnect1on therewlh Notwtthstandlng anything to the contrary In FAR 52241middot5 (Contractors Fadlltles (FEB 1995) to the extent required by the Contractors Tariffs and In accordance thereof such equipment and fadllttes as tor wh6ch the Contractor has responsibftlty In accordance with this Artlde 91 shall be removed or If there Is any underground equipment or facilities tor wtlkh the Contractor has responsibility In accordance with this Artlde 91 such underground equipment or fadJitfes may be abandoned and In both cases the Agencys premises restored by the COntractor at its expense Within a reasonable time alter discontinuance of service to the Ordertng Agency

92 Ali necessary rlghts-ofmiddotway easements and such other rights necessary to permit the Contractor to perform under this contract shall be obtained and the expense for same borne In accordance With the Contractors Tariffs and the Commissions rules and regulations

5

ARnCLE 10 llABIUTY

101 When the Government andor an Ordering Agency has limited or restricted the Contractors right of ~ccess under Artlde 11 and thereby Interfered with the COntractors ability to supply service or to correct dangerous situations which are a threat to public safety the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Artlde (101) shall not be omstrued to limit the Governments liability under applicable law

102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any Interruptions In service and for any Irregular or defective service shall be determined In accordance with the Contractors Tariffs

103 Except as provided above and In accordance with the Contractors Tariff and Terms and Conditions of Service the Government shall not be liable for any damage or Injury to any person or property Including death occasioned solely by the Contractors itS employees or agents negligent ln~llatton use operation or lntenttonal miSuse of the Contractors equipment or fadlltJes

104 Jn aoordance with the Contractors Tariff andor Terms and COnditions of Service neither the Contractor nor Its employees or agents shall be liable for damage or Injury to any person or property lndudlng death occasioned solely by the negligent Installation use operation or Intentional misuse of Contractors equipment or racllltles by the Government Its employees or agents

105 The Contractor shall not be liable for inddents arising out of or In any way connected with the violation or compliance with any local state or federal environmental law or regulation resulting from pre-existing conditions at a Govemment job site release or spiR of any pre-existing hazardous materials or waste or out of the management and disposal or any pre-existing contaminated soils or ground water hazardous or non-hazardous removed from the ground as a result of WOOc perfonned by the Contractor

106 The Government agrees to accept full responsibility for and bear all costs associated with pre-existing environmefltal liability Responsibility for testing abatement remediation andor disposal of hazardous material lndudng but not limited to contaminated soil lead paint asbestos fuel oil or underground fuel oll tanks shall remain with the Government Wh~ there Is reason to suspect that hazardous material Is present at the work site or where hazardous material is encountered during the course of work being perfonned the Contractor shall stop work notify the Contractlng Officer and Activity personnel and request that the Government test the work site for such hazardous material and appropnately abate and dispose of such hazardous material Once the work site has been deared of all hazardous material the Contractor shall resume wOOlt In that area

ARTICLE 11 ACCESS TO PREMISES

111 The Contractor shaU have access to the premises served at all reasonable times during the term of this AreaWide Contract and at its expiration or termination for the purpose of reading meters making lnstallatlons repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper mUitary or other governmental authority may limit or restrict such light of access In any manner considered by such authority to be reasonably necessary or advisable

ARnCLE 12 PARTIES OF INTEREST

121 This Areawide Contract shall be binding upon and Inure to the benefit of the successors Jegaf representatives and assignees of the respective parties hereto

122 In the event the COntractor becomes aware that a change In ownership has occurred or Is certain to occur the Contractor shall notify the Contracting Officer at the address provided in Artide 161 within thirty (30) days of such ownership change In the event the Contractor falls to make the notification required by this Artide 122 the Government cannot guarantee the payment of outstanding Invoices In accordance with the provisions of Article 71

ARnCLE 13 REPRESENTAnONS AND CERTIFICATIONS

131 This Areawide Contract Incorporates by reference the representations and certifications made by the Contractor on Form PBS 3503 which Is oo fife with the Government

6

ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 4: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

ARTICLE 1 DEFJNmONS

11 As used In this contract

(a) Areawide Contract means this master contract entered Into between the Government and Contractor to cover the electrlt service for all Federal agencies in the franchised certificated service terrttory from Contractor for a period not to exceed ten (10) years

(b) Agency means any Federal department agency or Independent estabtishment in the executive branch of the Government any establishment In the legislative or judicial branches of the Federal Government or any wholly mixed ownership Government corporation as defined in the Government Corporation Control Act

(c) Ordering Agency means any Agency that enters into a bilaterally exea~ted Authonzation for procurement of electric service under this Areawide Contract

(d) Authorization means an order form used to acquire service under this Areawide Contract (see Exhibit Abull AUTHORIZATION FOR ElfCTRIC SERVICE annexed hereto)

(e) Termination Authorization means an order form used to discontinue or dlsconnect services under thiS Areawide Contract (see Exhibit A AIJTHORIZAllON FOR ELECTRIC SERVICE)

(f) Service means any electric service generally available trom the Contractor pursuant to Contractors Tariffs or the Contractors Terms and COnditions whidlever is applicable

(g) Electric service means regulated electric commodities transmission andor distr1bUtion services

(h) MContractors Tariffs means the utility Companys electrtc services Tariffs and lndudes rate schedules riders rules regulations and regulated terms and conditions of service as may be modified amended or supplemented by the Contractor from time to time and approved by the Commission

(I) Contractors Terms and Condltlons for this Ag~ment means the tenns conditions polldes payment terms and prices established by the COntractor for those services that are provided pursuant to this Contract but not specifically subject to Commission approval

0gt Connection Olarge means a Contractors charge for fadUttes on the Contractors side of the delivery point w~~ fadlitJes (1) are required to make connections with the nearest point of supply and (2) are in accordan~ with the Contractors Tariffs and the Commissions rules and regulations lnstaned owned maintained and operat~ by fue Contractor and

(k) 5ervlce Oassiflcation means those categories of service establiShed In the Contractors Tartff as ftled with the Commission

12 This Altide Is hereby expanded to Include the additional definitions contained in FAR dause 52202-1 Oefinitlons (JUL 2004) 48 CFR 52202middot 1 which are Incorporated herein by reference

2

ArtnCLE 2 SCOPE AND DURA noN OF CONTRACT

21 This Areawide Contract shall be In effect upon the date of executfon and shall continue for a period of ten (10) years unless earlier terminated in accordance with this Section 21 provtded however that the ageodes of the Government may only use this Areawide Contract to obtain services from the Contractor In accordance with this Areawide Contract the COntractors Tariffs and the proviSions of the Energy Policy Ad of 1992 (10 USC 2865 and 42 USC 8256) on and after the date of execution The Government pursuant to the dause contained In FAR 52249middot2 (48 CFR 52249-2) Incorporated Into this Areawide COntract under Arncle 141middot25 or the Contractor upon 60 days written notice to the Government may terminate this Areawide Contract In whole or In part when It is In their respective Interest to do so provided however that neither the stated duration of this Areawide Contract nor any other termination of It In whole or In part pursuant to this Artide 21 or otherwise shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors Tariffs andor other Terms and Conditions mutualfy agreed upon by the Ordering Agency and Contractor In an Individual Authorization

22 Authorizations may be executed under this A~wlde Contract at any time durtng the tenn of the contract up to and Including the last effective date Authonzatlons may be executed for a term extending beyond the tenn of this Areawide Contract provided that It Is Within the contracting authority of the Ordering Agency

23 Expiration or termination of this contract shaU not cause the tenninat1on of an Individual Authorizatlon(s) Issued under this AreaWide COntract Such Authorizations shall remain In effect for their designated term and shall Incorporate the terms and conditions of this Areawide Contract

24 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electnc Service which ls consistent with Contractors Tartffs Upon bilateral execution of an Authorization the COntractor agrees to furnish to the Ordering Agency and the Ordering Agency agrees to purchase from the Contractor the above noted seiVkeS for the lnstallatlon(s) or facilities named In the Authorization pyrsoant to the terms of this AreaWide Contract and Contractors Tariffs

25 Nothing In this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering Into an Authorization for negot)ated rates based upon load shedding capability existence of curtallable load unique energy usage patterns or service of a special nature provided such negotiated rates or service are In accordance wtth the rules and regulations ofthe Commission for the partict~lar service

AkTlClE l EXImNG CONTRACTS

31 The parties agree that an Agency currently acquiring service from the Contractor under a separate written contract may continue to do so until that contract expires or until such time as the Agency and the Contractor mutually agree to terminate that separate written contract and have such service provided pursuant to this Areawide Contract by executtng an appropriate AuthoriZation or Authorizations However all new acquisitions or changes of service shall be procured using the Exhibit Authorizations provided With this Areawide Contract GS-QOP-()6-BSD-0445 In aetordance with Article 11 (d) above

32 Existing special rates and servtces of a special nature currently provided under a separate written contract may be continued under the Authorizations descrtbed In Article 31 r requested by the Ordering Agency and agreed upon by the COntractor

ARTlCLE 4 AUTHORJZA110N PROCEDURE AND SERVICE DJSCONNEcnoN

41 To obtain or change service under this Areawide Contract the Ordering Agency shall complete the appropnate AuthoriZation and forward it to the Contractor Upon the request of the Ordering Agency and provided that the Ordering Agency does not have any balance due and owing the COntractor for any servlce(s) and consistent with the applicable COmmiSSion blUing practice rules the Contractor shall endeavor to provide reasonable assistance to the Ordering Agency In selecting the Service Oasslllcation which may be most favorable to the Ordering Agency Upon execution of an Authorization by both the Contractor and the Ordering Agency the date of Initiation or change In service shall be effective as of the date spedfled in the Authorization An executed copy of the Authorization (cover page only) shall be transmitted by the Ordering Agency to GSA at the address provided In Artde 161

42 Outing the term of this Areawide Contract effectlve Authorizations need not be amended modified or changed by an Ordering Agency to reflect changes in accounting and appropriation data the Contractors Tariffs the Contractors cost of purchased fuel or the estimated annual cost of service SUch changes are considered Internal to the party Involved Where changes are required in effecttve Authorizations because of a change In the service requirements of an Ordenng Agency an amended Authorization shall be mutualty agreed upon and executed

43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal fudllty or Installation by delivering a wrttten Tennlnatlon Authorization to the other Soch diSQ)Otfnuance of service by an Ordering Agency or the Contractor shall be In accordance with the terms of this AreaWide Contract ttle Contractors Tariffs and the applicable Commission biMing practice rules

3

44 Within the authorities of the Ordering Agency the tenn of any IndiVIdual Authortzaton Is Independent of the expiration date of this Areawide Contract and the conditions and articles of thls Areawide Contract shad apply throughout the term of any Authorization placed against it In accordance with Article 184 herein

ARnCLE 5 RATES CHARGES AND PUBUC REGULAnON

51 Acomplete listing ofall Contractors Tariffs Is available to the Government and any Ordering Agency electronically at the Contractors website accessible via tQDwwwdteeoeravam bull

52 Subject to the provisions of Article 24 all Elecbic Service purchases under this Areawide Contract as well as any other actlon under this Areawide Contract shall be In acoordance with and subject to the Contractors Tartffs and the applicable Commission billing practice rules except to the extent that same are preempted by Federal law Throughout the term of this Areawide Contract the Government shall have full access to the Contractors currently etfectlve Tariffs In the event the Contractors Tariffs become Inaccessible VIa the Internet or the Ordering A9amp1Cf does not have access to the internet the Contractor agrees to provide newly effective or amended Tariffs in accordance with the Contractors Tariff dlstl1bution practices polides and procedures applicable to all customers

53 lf during the tenn of this Areawide Contract the Commission approves a change in rates for services specified in Authorizations in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees to continue to pay for those services at the newly approved rates from and after the date such fates are made effective As provided In Arttde 42 modlflcatton ofany Authorization hereunder is not necessary to implement highef or lower rates

54 The Contractor hereby represents and warrants to the Government that the servlte rates available to any Ordering Agendes hereunder shall at all times not exceed those available to any other customer served under the same Service Oassiflcatlon for the same or comparable service under like conditions of use Nothing herein 5tlall require the Contractor to apply service rates that are lnappiJcable to the Ordering Agency

55 Reasonable wrttten notice via an Authortzatton shah be given by the Ordering Agency to the Contractor at the address provided In Article 162 of any material changes proposed In the volume or characteristic of utility services required by the Ordering Agency

56 To the extent required by the Contractors Tariffs the Commissions rules and regulations or the Contractors polides and practices applicable to all customers and in accordance therewith any necessary extension alteratIM relocation or reinforcement of the COntractors transmiSSion or distribution lines related special facilities servke arrangements energy audit seNices or other serviceS requtred or requested by an Ordering Agency shall be provided and as applicable billed for by the Contractor to the extent such services do not adversely Impact other customers of the Contractor To the extent available from the Contractor the Contractor shall provide and as applicable bill for such technical assistance on or concerning an Ordering Agencys equipment (such as the inspection or ~ir of sud equipment) as may be requested by such Ordering Agency The charges for such technical assistance shall be calaJlated at the time the technical assistance Is rendered as mutuaUy agreed upon by the Contractor and the Agency and shall comply with Contractors Tantfs The Authorization or any other agreement used to obtain and provide the matters serviceS or technical assistance described In this Article 56 shall contain information desoiptiVe of the matters services or technical assistance required or requested lnduding the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the provision of said matters serlkes or technical assistance

57 The requirements of the Disputes dause at FAR 52233middot1 are supplemented to provide that matters Involving the Interpretation of Contractors Tariffs are subject to the jurisdiction and regulation or the utility rate commission having Jurisdiction

ARDCLE 6 BILLS AND BJLUNG DATA

61 The Electric Service supplied hereunder shall be billed to the Ordering Agency at the address spedfled In ead Authorization Bills shall be submitted in original only unless otherwise specified In the Authorllatlon All bills shall contain such data as Is required by the Commission to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained In bills provided to other customeiS of the Contractor served under the same 5ervlce Oassfficatlon as the Ordering Agency

4

ARnCLE 7 PAYMENTS FOR SERVICES

71 Payments hereunder shan not normally be paid In advance of serviceS rendered In acxordance with 48 CFR Subpart 324 unless required by the Contractors Tariff The Ordering Agency shal effect payment of afl bills for regulated services rendered under thts Contract In accordance with the tenns of the Contractors Tariff Changes In the Contractors Tariff provisions for the payment of bills shall supersede the provisions of this paragraph

72 Each payment made by Treasury check to the Contractor shaM lndude the Contractors billing stub(s) or a Government or Ordering Agency payment document that dearly and correctiy lists art of the Contractors account numbers to whldl the payment appNes and the dollar amount appllcabte to each aaount If payment Is by Electronic Funds Transfer either through the Automated aearlng House (ACH) or the Federal Reserve Wire Transfer system the provisions of FAR Subpart 52232-3-t shall appty (See Artlde 14) The Otdertng tqocy wm make invoice payments for services not subject to the direct regulation of the commission In accordance with the provfslons of the FAR Subpart 52232-25 (Artide 141middot16) The Interest rate for late payments made pursuant to thts dause shan be computed in accordance with the Offlte ol Management and Budget prompt payment regulations at 5 CFR 1315

ARnCU 8 CONTRACTOR-OWNED METERS

81 Metering equipment of standard manufacture suitable to measure aJI utllity services suppled by the Contractor hereunder shaH be fumlshed1 tnstalled cal4brated and maintained by the Contractor at its expense In the event any meter falls to register or registers lnrorrectfy as detennlned by the regcUatlons of the CornrrUssion billing adjustments shall be made In accordance with such regulations and Contractors Tariffs

82 The Contractor so far as possible shall read an meters monthly In accordance with the Contractors Tariff and the Commissions regulations

83 Meters shall be inspected upon~ at no direct charge to the Ordering Ageocy SUbsequent inspection petiodic testing repair and replacement of meters shall be done In such place and manner as provided by the Commissions regulations Upon notice tt1at a meter Is failing to reg~ correctly the Contractor shall take Immediate steps to effect replacement or repair Ordering Agencies shall have the right to request a meter test In accordance wlttl the procedures prescribed In the Commissions regulations and Contractors Tariffs The tests and applicable meter accuracy standards~ those set forth In the Commissions regUiatlons The expense of meter tests shall be borne by the party designatedas responsible therefor in the Commissions regulations

ARllaE 9 EQUIPMENT AND FACJUTIES

91 Subject to the provisions of Artfde 56 hereof the responsibility for Oyenmlng furnishing In~lltng and maintaining aH equipment and fadllties (other than meters) required to suppiy service at the deivery polnt(s) spedfied In an Authorization shan be determined In accordance wtth the Contractors Tariffs COntractors policies and practices and the Commissions rules and regulations The Ordering ~ shall proWe free of charge to the Contractor mutually agreeable locations oo Its premises for the tnstaJiaOOn of meters and such other equipment fumlshed and owned by the Contractor and necessary to suppty seNice hereunder The Contractor shalt at an times during the life of this Areawide Contract operate and maintain at its expense such equipment or fadlitfes as for which it has responsibility In aaa-dance with this Article 91 and shall assume all taxes and other charges in oonnect1on therewlh Notwtthstandlng anything to the contrary In FAR 52241middot5 (Contractors Fadlltles (FEB 1995) to the extent required by the Contractors Tariffs and In accordance thereof such equipment and fadllttes as tor wh6ch the Contractor has responsibftlty In accordance with this Artlde 91 shall be removed or If there Is any underground equipment or facilities tor wtlkh the Contractor has responsibility In accordance with this Artlde 91 such underground equipment or fadJitfes may be abandoned and In both cases the Agencys premises restored by the COntractor at its expense Within a reasonable time alter discontinuance of service to the Ordertng Agency

92 Ali necessary rlghts-ofmiddotway easements and such other rights necessary to permit the Contractor to perform under this contract shall be obtained and the expense for same borne In accordance With the Contractors Tariffs and the Commissions rules and regulations

5

ARnCLE 10 llABIUTY

101 When the Government andor an Ordering Agency has limited or restricted the Contractors right of ~ccess under Artlde 11 and thereby Interfered with the COntractors ability to supply service or to correct dangerous situations which are a threat to public safety the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Artlde (101) shall not be omstrued to limit the Governments liability under applicable law

102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any Interruptions In service and for any Irregular or defective service shall be determined In accordance with the Contractors Tariffs

103 Except as provided above and In accordance with the Contractors Tariff and Terms and Conditions of Service the Government shall not be liable for any damage or Injury to any person or property Including death occasioned solely by the Contractors itS employees or agents negligent ln~llatton use operation or lntenttonal miSuse of the Contractors equipment or fadlltJes

104 Jn aoordance with the Contractors Tariff andor Terms and COnditions of Service neither the Contractor nor Its employees or agents shall be liable for damage or Injury to any person or property lndudlng death occasioned solely by the negligent Installation use operation or Intentional misuse of Contractors equipment or racllltles by the Government Its employees or agents

105 The Contractor shall not be liable for inddents arising out of or In any way connected with the violation or compliance with any local state or federal environmental law or regulation resulting from pre-existing conditions at a Govemment job site release or spiR of any pre-existing hazardous materials or waste or out of the management and disposal or any pre-existing contaminated soils or ground water hazardous or non-hazardous removed from the ground as a result of WOOc perfonned by the Contractor

106 The Government agrees to accept full responsibility for and bear all costs associated with pre-existing environmefltal liability Responsibility for testing abatement remediation andor disposal of hazardous material lndudng but not limited to contaminated soil lead paint asbestos fuel oil or underground fuel oll tanks shall remain with the Government Wh~ there Is reason to suspect that hazardous material Is present at the work site or where hazardous material is encountered during the course of work being perfonned the Contractor shall stop work notify the Contractlng Officer and Activity personnel and request that the Government test the work site for such hazardous material and appropnately abate and dispose of such hazardous material Once the work site has been deared of all hazardous material the Contractor shall resume wOOlt In that area

ARTICLE 11 ACCESS TO PREMISES

111 The Contractor shaU have access to the premises served at all reasonable times during the term of this AreaWide Contract and at its expiration or termination for the purpose of reading meters making lnstallatlons repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper mUitary or other governmental authority may limit or restrict such light of access In any manner considered by such authority to be reasonably necessary or advisable

ARnCLE 12 PARTIES OF INTEREST

121 This Areawide Contract shall be binding upon and Inure to the benefit of the successors Jegaf representatives and assignees of the respective parties hereto

122 In the event the COntractor becomes aware that a change In ownership has occurred or Is certain to occur the Contractor shall notify the Contracting Officer at the address provided in Artide 161 within thirty (30) days of such ownership change In the event the Contractor falls to make the notification required by this Artide 122 the Government cannot guarantee the payment of outstanding Invoices In accordance with the provisions of Article 71

ARnCLE 13 REPRESENTAnONS AND CERTIFICATIONS

131 This Areawide Contract Incorporates by reference the representations and certifications made by the Contractor on Form PBS 3503 which Is oo fife with the Government

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ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 5: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

ArtnCLE 2 SCOPE AND DURA noN OF CONTRACT

21 This Areawide Contract shall be In effect upon the date of executfon and shall continue for a period of ten (10) years unless earlier terminated in accordance with this Section 21 provtded however that the ageodes of the Government may only use this Areawide Contract to obtain services from the Contractor In accordance with this Areawide Contract the COntractors Tariffs and the proviSions of the Energy Policy Ad of 1992 (10 USC 2865 and 42 USC 8256) on and after the date of execution The Government pursuant to the dause contained In FAR 52249middot2 (48 CFR 52249-2) Incorporated Into this Areawide COntract under Arncle 141middot25 or the Contractor upon 60 days written notice to the Government may terminate this Areawide Contract In whole or In part when It is In their respective Interest to do so provided however that neither the stated duration of this Areawide Contract nor any other termination of It In whole or In part pursuant to this Artide 21 or otherwise shall be construed to affect any obligation for any payment charge rate or other matter that may be imposed pursuant to the Contractors Tariffs andor other Terms and Conditions mutualfy agreed upon by the Ordering Agency and Contractor In an Individual Authorization

22 Authorizations may be executed under this A~wlde Contract at any time durtng the tenn of the contract up to and Including the last effective date Authonzatlons may be executed for a term extending beyond the tenn of this Areawide Contract provided that It Is Within the contracting authority of the Ordering Agency

23 Expiration or termination of this contract shaU not cause the tenninat1on of an Individual Authorizatlon(s) Issued under this AreaWide COntract Such Authorizations shall remain In effect for their designated term and shall Incorporate the terms and conditions of this Areawide Contract

24 The provisions of this Areawide Contract shall not apply to the Contractors service to any Agency until both the Ordering Agency and the Contractor execute a written Authorization for Electnc Service which ls consistent with Contractors Tartffs Upon bilateral execution of an Authorization the COntractor agrees to furnish to the Ordering Agency and the Ordering Agency agrees to purchase from the Contractor the above noted seiVkeS for the lnstallatlon(s) or facilities named In the Authorization pyrsoant to the terms of this AreaWide Contract and Contractors Tariffs

25 Nothing In this Areawide Contract shall be construed as precluding the Ordering Agency and the Contractor from entering Into an Authorization for negot)ated rates based upon load shedding capability existence of curtallable load unique energy usage patterns or service of a special nature provided such negotiated rates or service are In accordance wtth the rules and regulations ofthe Commission for the partict~lar service

AkTlClE l EXImNG CONTRACTS

31 The parties agree that an Agency currently acquiring service from the Contractor under a separate written contract may continue to do so until that contract expires or until such time as the Agency and the Contractor mutually agree to terminate that separate written contract and have such service provided pursuant to this Areawide Contract by executtng an appropriate AuthoriZation or Authorizations However all new acquisitions or changes of service shall be procured using the Exhibit Authorizations provided With this Areawide Contract GS-QOP-()6-BSD-0445 In aetordance with Article 11 (d) above

32 Existing special rates and servtces of a special nature currently provided under a separate written contract may be continued under the Authorizations descrtbed In Article 31 r requested by the Ordering Agency and agreed upon by the COntractor

ARTlCLE 4 AUTHORJZA110N PROCEDURE AND SERVICE DJSCONNEcnoN

41 To obtain or change service under this Areawide Contract the Ordering Agency shall complete the appropnate AuthoriZation and forward it to the Contractor Upon the request of the Ordering Agency and provided that the Ordering Agency does not have any balance due and owing the COntractor for any servlce(s) and consistent with the applicable COmmiSSion blUing practice rules the Contractor shall endeavor to provide reasonable assistance to the Ordering Agency In selecting the Service Oasslllcation which may be most favorable to the Ordering Agency Upon execution of an Authorization by both the Contractor and the Ordering Agency the date of Initiation or change In service shall be effective as of the date spedfled in the Authorization An executed copy of the Authorization (cover page only) shall be transmitted by the Ordering Agency to GSA at the address provided In Artde 161

42 Outing the term of this Areawide Contract effectlve Authorizations need not be amended modified or changed by an Ordering Agency to reflect changes in accounting and appropriation data the Contractors Tariffs the Contractors cost of purchased fuel or the estimated annual cost of service SUch changes are considered Internal to the party Involved Where changes are required in effecttve Authorizations because of a change In the service requirements of an Ordenng Agency an amended Authorization shall be mutualty agreed upon and executed

43 An Ordering Agency or the Contractor may discontinue service provided pursuant to this Areawide Contract to a particular Federal fudllty or Installation by delivering a wrttten Tennlnatlon Authorization to the other Soch diSQ)Otfnuance of service by an Ordering Agency or the Contractor shall be In accordance with the terms of this AreaWide Contract ttle Contractors Tariffs and the applicable Commission biMing practice rules

3

44 Within the authorities of the Ordering Agency the tenn of any IndiVIdual Authortzaton Is Independent of the expiration date of this Areawide Contract and the conditions and articles of thls Areawide Contract shad apply throughout the term of any Authorization placed against it In accordance with Article 184 herein

ARnCLE 5 RATES CHARGES AND PUBUC REGULAnON

51 Acomplete listing ofall Contractors Tariffs Is available to the Government and any Ordering Agency electronically at the Contractors website accessible via tQDwwwdteeoeravam bull

52 Subject to the provisions of Article 24 all Elecbic Service purchases under this Areawide Contract as well as any other actlon under this Areawide Contract shall be In acoordance with and subject to the Contractors Tartffs and the applicable Commission billing practice rules except to the extent that same are preempted by Federal law Throughout the term of this Areawide Contract the Government shall have full access to the Contractors currently etfectlve Tariffs In the event the Contractors Tariffs become Inaccessible VIa the Internet or the Ordering A9amp1Cf does not have access to the internet the Contractor agrees to provide newly effective or amended Tariffs in accordance with the Contractors Tariff dlstl1bution practices polides and procedures applicable to all customers

53 lf during the tenn of this Areawide Contract the Commission approves a change in rates for services specified in Authorizations in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees to continue to pay for those services at the newly approved rates from and after the date such fates are made effective As provided In Arttde 42 modlflcatton ofany Authorization hereunder is not necessary to implement highef or lower rates

54 The Contractor hereby represents and warrants to the Government that the servlte rates available to any Ordering Agendes hereunder shall at all times not exceed those available to any other customer served under the same Service Oassiflcatlon for the same or comparable service under like conditions of use Nothing herein 5tlall require the Contractor to apply service rates that are lnappiJcable to the Ordering Agency

55 Reasonable wrttten notice via an Authortzatton shah be given by the Ordering Agency to the Contractor at the address provided In Article 162 of any material changes proposed In the volume or characteristic of utility services required by the Ordering Agency

56 To the extent required by the Contractors Tariffs the Commissions rules and regulations or the Contractors polides and practices applicable to all customers and in accordance therewith any necessary extension alteratIM relocation or reinforcement of the COntractors transmiSSion or distribution lines related special facilities servke arrangements energy audit seNices or other serviceS requtred or requested by an Ordering Agency shall be provided and as applicable billed for by the Contractor to the extent such services do not adversely Impact other customers of the Contractor To the extent available from the Contractor the Contractor shall provide and as applicable bill for such technical assistance on or concerning an Ordering Agencys equipment (such as the inspection or ~ir of sud equipment) as may be requested by such Ordering Agency The charges for such technical assistance shall be calaJlated at the time the technical assistance Is rendered as mutuaUy agreed upon by the Contractor and the Agency and shall comply with Contractors Tantfs The Authorization or any other agreement used to obtain and provide the matters serviceS or technical assistance described In this Article 56 shall contain information desoiptiVe of the matters services or technical assistance required or requested lnduding the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the provision of said matters serlkes or technical assistance

57 The requirements of the Disputes dause at FAR 52233middot1 are supplemented to provide that matters Involving the Interpretation of Contractors Tariffs are subject to the jurisdiction and regulation or the utility rate commission having Jurisdiction

ARDCLE 6 BILLS AND BJLUNG DATA

61 The Electric Service supplied hereunder shall be billed to the Ordering Agency at the address spedfled In ead Authorization Bills shall be submitted in original only unless otherwise specified In the Authorllatlon All bills shall contain such data as Is required by the Commission to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained In bills provided to other customeiS of the Contractor served under the same 5ervlce Oassfficatlon as the Ordering Agency

4

ARnCLE 7 PAYMENTS FOR SERVICES

71 Payments hereunder shan not normally be paid In advance of serviceS rendered In acxordance with 48 CFR Subpart 324 unless required by the Contractors Tariff The Ordering Agency shal effect payment of afl bills for regulated services rendered under thts Contract In accordance with the tenns of the Contractors Tariff Changes In the Contractors Tariff provisions for the payment of bills shall supersede the provisions of this paragraph

72 Each payment made by Treasury check to the Contractor shaM lndude the Contractors billing stub(s) or a Government or Ordering Agency payment document that dearly and correctiy lists art of the Contractors account numbers to whldl the payment appNes and the dollar amount appllcabte to each aaount If payment Is by Electronic Funds Transfer either through the Automated aearlng House (ACH) or the Federal Reserve Wire Transfer system the provisions of FAR Subpart 52232-3-t shall appty (See Artlde 14) The Otdertng tqocy wm make invoice payments for services not subject to the direct regulation of the commission In accordance with the provfslons of the FAR Subpart 52232-25 (Artide 141middot16) The Interest rate for late payments made pursuant to thts dause shan be computed in accordance with the Offlte ol Management and Budget prompt payment regulations at 5 CFR 1315

ARnCU 8 CONTRACTOR-OWNED METERS

81 Metering equipment of standard manufacture suitable to measure aJI utllity services suppled by the Contractor hereunder shaH be fumlshed1 tnstalled cal4brated and maintained by the Contractor at its expense In the event any meter falls to register or registers lnrorrectfy as detennlned by the regcUatlons of the CornrrUssion billing adjustments shall be made In accordance with such regulations and Contractors Tariffs

82 The Contractor so far as possible shall read an meters monthly In accordance with the Contractors Tariff and the Commissions regulations

83 Meters shall be inspected upon~ at no direct charge to the Ordering Ageocy SUbsequent inspection petiodic testing repair and replacement of meters shall be done In such place and manner as provided by the Commissions regulations Upon notice tt1at a meter Is failing to reg~ correctly the Contractor shall take Immediate steps to effect replacement or repair Ordering Agencies shall have the right to request a meter test In accordance wlttl the procedures prescribed In the Commissions regulations and Contractors Tariffs The tests and applicable meter accuracy standards~ those set forth In the Commissions regUiatlons The expense of meter tests shall be borne by the party designatedas responsible therefor in the Commissions regulations

ARllaE 9 EQUIPMENT AND FACJUTIES

91 Subject to the provisions of Artfde 56 hereof the responsibility for Oyenmlng furnishing In~lltng and maintaining aH equipment and fadllties (other than meters) required to suppiy service at the deivery polnt(s) spedfied In an Authorization shan be determined In accordance wtth the Contractors Tariffs COntractors policies and practices and the Commissions rules and regulations The Ordering ~ shall proWe free of charge to the Contractor mutually agreeable locations oo Its premises for the tnstaJiaOOn of meters and such other equipment fumlshed and owned by the Contractor and necessary to suppty seNice hereunder The Contractor shalt at an times during the life of this Areawide Contract operate and maintain at its expense such equipment or fadlitfes as for which it has responsibility In aaa-dance with this Article 91 and shall assume all taxes and other charges in oonnect1on therewlh Notwtthstandlng anything to the contrary In FAR 52241middot5 (Contractors Fadlltles (FEB 1995) to the extent required by the Contractors Tariffs and In accordance thereof such equipment and fadllttes as tor wh6ch the Contractor has responsibftlty In accordance with this Artlde 91 shall be removed or If there Is any underground equipment or facilities tor wtlkh the Contractor has responsibility In accordance with this Artlde 91 such underground equipment or fadJitfes may be abandoned and In both cases the Agencys premises restored by the COntractor at its expense Within a reasonable time alter discontinuance of service to the Ordertng Agency

92 Ali necessary rlghts-ofmiddotway easements and such other rights necessary to permit the Contractor to perform under this contract shall be obtained and the expense for same borne In accordance With the Contractors Tariffs and the Commissions rules and regulations

5

ARnCLE 10 llABIUTY

101 When the Government andor an Ordering Agency has limited or restricted the Contractors right of ~ccess under Artlde 11 and thereby Interfered with the COntractors ability to supply service or to correct dangerous situations which are a threat to public safety the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Artlde (101) shall not be omstrued to limit the Governments liability under applicable law

102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any Interruptions In service and for any Irregular or defective service shall be determined In accordance with the Contractors Tariffs

103 Except as provided above and In accordance with the Contractors Tariff and Terms and Conditions of Service the Government shall not be liable for any damage or Injury to any person or property Including death occasioned solely by the Contractors itS employees or agents negligent ln~llatton use operation or lntenttonal miSuse of the Contractors equipment or fadlltJes

104 Jn aoordance with the Contractors Tariff andor Terms and COnditions of Service neither the Contractor nor Its employees or agents shall be liable for damage or Injury to any person or property lndudlng death occasioned solely by the negligent Installation use operation or Intentional misuse of Contractors equipment or racllltles by the Government Its employees or agents

105 The Contractor shall not be liable for inddents arising out of or In any way connected with the violation or compliance with any local state or federal environmental law or regulation resulting from pre-existing conditions at a Govemment job site release or spiR of any pre-existing hazardous materials or waste or out of the management and disposal or any pre-existing contaminated soils or ground water hazardous or non-hazardous removed from the ground as a result of WOOc perfonned by the Contractor

106 The Government agrees to accept full responsibility for and bear all costs associated with pre-existing environmefltal liability Responsibility for testing abatement remediation andor disposal of hazardous material lndudng but not limited to contaminated soil lead paint asbestos fuel oil or underground fuel oll tanks shall remain with the Government Wh~ there Is reason to suspect that hazardous material Is present at the work site or where hazardous material is encountered during the course of work being perfonned the Contractor shall stop work notify the Contractlng Officer and Activity personnel and request that the Government test the work site for such hazardous material and appropnately abate and dispose of such hazardous material Once the work site has been deared of all hazardous material the Contractor shall resume wOOlt In that area

ARTICLE 11 ACCESS TO PREMISES

111 The Contractor shaU have access to the premises served at all reasonable times during the term of this AreaWide Contract and at its expiration or termination for the purpose of reading meters making lnstallatlons repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper mUitary or other governmental authority may limit or restrict such light of access In any manner considered by such authority to be reasonably necessary or advisable

ARnCLE 12 PARTIES OF INTEREST

121 This Areawide Contract shall be binding upon and Inure to the benefit of the successors Jegaf representatives and assignees of the respective parties hereto

122 In the event the COntractor becomes aware that a change In ownership has occurred or Is certain to occur the Contractor shall notify the Contracting Officer at the address provided in Artide 161 within thirty (30) days of such ownership change In the event the Contractor falls to make the notification required by this Artide 122 the Government cannot guarantee the payment of outstanding Invoices In accordance with the provisions of Article 71

ARnCLE 13 REPRESENTAnONS AND CERTIFICATIONS

131 This Areawide Contract Incorporates by reference the representations and certifications made by the Contractor on Form PBS 3503 which Is oo fife with the Government

6

ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 6: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

44 Within the authorities of the Ordering Agency the tenn of any IndiVIdual Authortzaton Is Independent of the expiration date of this Areawide Contract and the conditions and articles of thls Areawide Contract shad apply throughout the term of any Authorization placed against it In accordance with Article 184 herein

ARnCLE 5 RATES CHARGES AND PUBUC REGULAnON

51 Acomplete listing ofall Contractors Tariffs Is available to the Government and any Ordering Agency electronically at the Contractors website accessible via tQDwwwdteeoeravam bull

52 Subject to the provisions of Article 24 all Elecbic Service purchases under this Areawide Contract as well as any other actlon under this Areawide Contract shall be In acoordance with and subject to the Contractors Tartffs and the applicable Commission billing practice rules except to the extent that same are preempted by Federal law Throughout the term of this Areawide Contract the Government shall have full access to the Contractors currently etfectlve Tariffs In the event the Contractors Tariffs become Inaccessible VIa the Internet or the Ordering A9amp1Cf does not have access to the internet the Contractor agrees to provide newly effective or amended Tariffs in accordance with the Contractors Tariff dlstl1bution practices polides and procedures applicable to all customers

53 lf during the tenn of this Areawide Contract the Commission approves a change in rates for services specified in Authorizations in effect hereunder the Contractor agrees to continue to furnish and the Ordering Agency agrees to continue to pay for those services at the newly approved rates from and after the date such fates are made effective As provided In Arttde 42 modlflcatton ofany Authorization hereunder is not necessary to implement highef or lower rates

54 The Contractor hereby represents and warrants to the Government that the servlte rates available to any Ordering Agendes hereunder shall at all times not exceed those available to any other customer served under the same Service Oassiflcatlon for the same or comparable service under like conditions of use Nothing herein 5tlall require the Contractor to apply service rates that are lnappiJcable to the Ordering Agency

55 Reasonable wrttten notice via an Authortzatton shah be given by the Ordering Agency to the Contractor at the address provided In Article 162 of any material changes proposed In the volume or characteristic of utility services required by the Ordering Agency

56 To the extent required by the Contractors Tariffs the Commissions rules and regulations or the Contractors polides and practices applicable to all customers and in accordance therewith any necessary extension alteratIM relocation or reinforcement of the COntractors transmiSSion or distribution lines related special facilities servke arrangements energy audit seNices or other serviceS requtred or requested by an Ordering Agency shall be provided and as applicable billed for by the Contractor to the extent such services do not adversely Impact other customers of the Contractor To the extent available from the Contractor the Contractor shall provide and as applicable bill for such technical assistance on or concerning an Ordering Agencys equipment (such as the inspection or ~ir of sud equipment) as may be requested by such Ordering Agency The charges for such technical assistance shall be calaJlated at the time the technical assistance Is rendered as mutuaUy agreed upon by the Contractor and the Agency and shall comply with Contractors Tantfs The Authorization or any other agreement used to obtain and provide the matters serviceS or technical assistance described In this Article 56 shall contain information desoiptiVe of the matters services or technical assistance required or requested lnduding the amount of (or method to determine) any payment to be made by the Ordering Agency to the Contractor for the provision of said matters serlkes or technical assistance

57 The requirements of the Disputes dause at FAR 52233middot1 are supplemented to provide that matters Involving the Interpretation of Contractors Tariffs are subject to the jurisdiction and regulation or the utility rate commission having Jurisdiction

ARDCLE 6 BILLS AND BJLUNG DATA

61 The Electric Service supplied hereunder shall be billed to the Ordering Agency at the address spedfled In ead Authorization Bills shall be submitted in original only unless otherwise specified In the Authorllatlon All bills shall contain such data as Is required by the Commission to substantiate the billing and such other reasonable and available data as may be requested by the Ordering Agency provided that such other data are contained In bills provided to other customeiS of the Contractor served under the same 5ervlce Oassfficatlon as the Ordering Agency

4

ARnCLE 7 PAYMENTS FOR SERVICES

71 Payments hereunder shan not normally be paid In advance of serviceS rendered In acxordance with 48 CFR Subpart 324 unless required by the Contractors Tariff The Ordering Agency shal effect payment of afl bills for regulated services rendered under thts Contract In accordance with the tenns of the Contractors Tariff Changes In the Contractors Tariff provisions for the payment of bills shall supersede the provisions of this paragraph

72 Each payment made by Treasury check to the Contractor shaM lndude the Contractors billing stub(s) or a Government or Ordering Agency payment document that dearly and correctiy lists art of the Contractors account numbers to whldl the payment appNes and the dollar amount appllcabte to each aaount If payment Is by Electronic Funds Transfer either through the Automated aearlng House (ACH) or the Federal Reserve Wire Transfer system the provisions of FAR Subpart 52232-3-t shall appty (See Artlde 14) The Otdertng tqocy wm make invoice payments for services not subject to the direct regulation of the commission In accordance with the provfslons of the FAR Subpart 52232-25 (Artide 141middot16) The Interest rate for late payments made pursuant to thts dause shan be computed in accordance with the Offlte ol Management and Budget prompt payment regulations at 5 CFR 1315

ARnCU 8 CONTRACTOR-OWNED METERS

81 Metering equipment of standard manufacture suitable to measure aJI utllity services suppled by the Contractor hereunder shaH be fumlshed1 tnstalled cal4brated and maintained by the Contractor at its expense In the event any meter falls to register or registers lnrorrectfy as detennlned by the regcUatlons of the CornrrUssion billing adjustments shall be made In accordance with such regulations and Contractors Tariffs

82 The Contractor so far as possible shall read an meters monthly In accordance with the Contractors Tariff and the Commissions regulations

83 Meters shall be inspected upon~ at no direct charge to the Ordering Ageocy SUbsequent inspection petiodic testing repair and replacement of meters shall be done In such place and manner as provided by the Commissions regulations Upon notice tt1at a meter Is failing to reg~ correctly the Contractor shall take Immediate steps to effect replacement or repair Ordering Agencies shall have the right to request a meter test In accordance wlttl the procedures prescribed In the Commissions regulations and Contractors Tariffs The tests and applicable meter accuracy standards~ those set forth In the Commissions regUiatlons The expense of meter tests shall be borne by the party designatedas responsible therefor in the Commissions regulations

ARllaE 9 EQUIPMENT AND FACJUTIES

91 Subject to the provisions of Artfde 56 hereof the responsibility for Oyenmlng furnishing In~lltng and maintaining aH equipment and fadllties (other than meters) required to suppiy service at the deivery polnt(s) spedfied In an Authorization shan be determined In accordance wtth the Contractors Tariffs COntractors policies and practices and the Commissions rules and regulations The Ordering ~ shall proWe free of charge to the Contractor mutually agreeable locations oo Its premises for the tnstaJiaOOn of meters and such other equipment fumlshed and owned by the Contractor and necessary to suppty seNice hereunder The Contractor shalt at an times during the life of this Areawide Contract operate and maintain at its expense such equipment or fadlitfes as for which it has responsibility In aaa-dance with this Article 91 and shall assume all taxes and other charges in oonnect1on therewlh Notwtthstandlng anything to the contrary In FAR 52241middot5 (Contractors Fadlltles (FEB 1995) to the extent required by the Contractors Tariffs and In accordance thereof such equipment and fadllttes as tor wh6ch the Contractor has responsibftlty In accordance with this Artlde 91 shall be removed or If there Is any underground equipment or facilities tor wtlkh the Contractor has responsibility In accordance with this Artlde 91 such underground equipment or fadJitfes may be abandoned and In both cases the Agencys premises restored by the COntractor at its expense Within a reasonable time alter discontinuance of service to the Ordertng Agency

92 Ali necessary rlghts-ofmiddotway easements and such other rights necessary to permit the Contractor to perform under this contract shall be obtained and the expense for same borne In accordance With the Contractors Tariffs and the Commissions rules and regulations

5

ARnCLE 10 llABIUTY

101 When the Government andor an Ordering Agency has limited or restricted the Contractors right of ~ccess under Artlde 11 and thereby Interfered with the COntractors ability to supply service or to correct dangerous situations which are a threat to public safety the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Artlde (101) shall not be omstrued to limit the Governments liability under applicable law

102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any Interruptions In service and for any Irregular or defective service shall be determined In accordance with the Contractors Tariffs

103 Except as provided above and In accordance with the Contractors Tariff and Terms and Conditions of Service the Government shall not be liable for any damage or Injury to any person or property Including death occasioned solely by the Contractors itS employees or agents negligent ln~llatton use operation or lntenttonal miSuse of the Contractors equipment or fadlltJes

104 Jn aoordance with the Contractors Tariff andor Terms and COnditions of Service neither the Contractor nor Its employees or agents shall be liable for damage or Injury to any person or property lndudlng death occasioned solely by the negligent Installation use operation or Intentional misuse of Contractors equipment or racllltles by the Government Its employees or agents

105 The Contractor shall not be liable for inddents arising out of or In any way connected with the violation or compliance with any local state or federal environmental law or regulation resulting from pre-existing conditions at a Govemment job site release or spiR of any pre-existing hazardous materials or waste or out of the management and disposal or any pre-existing contaminated soils or ground water hazardous or non-hazardous removed from the ground as a result of WOOc perfonned by the Contractor

106 The Government agrees to accept full responsibility for and bear all costs associated with pre-existing environmefltal liability Responsibility for testing abatement remediation andor disposal of hazardous material lndudng but not limited to contaminated soil lead paint asbestos fuel oil or underground fuel oll tanks shall remain with the Government Wh~ there Is reason to suspect that hazardous material Is present at the work site or where hazardous material is encountered during the course of work being perfonned the Contractor shall stop work notify the Contractlng Officer and Activity personnel and request that the Government test the work site for such hazardous material and appropnately abate and dispose of such hazardous material Once the work site has been deared of all hazardous material the Contractor shall resume wOOlt In that area

ARTICLE 11 ACCESS TO PREMISES

111 The Contractor shaU have access to the premises served at all reasonable times during the term of this AreaWide Contract and at its expiration or termination for the purpose of reading meters making lnstallatlons repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper mUitary or other governmental authority may limit or restrict such light of access In any manner considered by such authority to be reasonably necessary or advisable

ARnCLE 12 PARTIES OF INTEREST

121 This Areawide Contract shall be binding upon and Inure to the benefit of the successors Jegaf representatives and assignees of the respective parties hereto

122 In the event the COntractor becomes aware that a change In ownership has occurred or Is certain to occur the Contractor shall notify the Contracting Officer at the address provided in Artide 161 within thirty (30) days of such ownership change In the event the Contractor falls to make the notification required by this Artide 122 the Government cannot guarantee the payment of outstanding Invoices In accordance with the provisions of Article 71

ARnCLE 13 REPRESENTAnONS AND CERTIFICATIONS

131 This Areawide Contract Incorporates by reference the representations and certifications made by the Contractor on Form PBS 3503 which Is oo fife with the Government

6

ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 7: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

ARnCLE 7 PAYMENTS FOR SERVICES

71 Payments hereunder shan not normally be paid In advance of serviceS rendered In acxordance with 48 CFR Subpart 324 unless required by the Contractors Tariff The Ordering Agency shal effect payment of afl bills for regulated services rendered under thts Contract In accordance with the tenns of the Contractors Tariff Changes In the Contractors Tariff provisions for the payment of bills shall supersede the provisions of this paragraph

72 Each payment made by Treasury check to the Contractor shaM lndude the Contractors billing stub(s) or a Government or Ordering Agency payment document that dearly and correctiy lists art of the Contractors account numbers to whldl the payment appNes and the dollar amount appllcabte to each aaount If payment Is by Electronic Funds Transfer either through the Automated aearlng House (ACH) or the Federal Reserve Wire Transfer system the provisions of FAR Subpart 52232-3-t shall appty (See Artlde 14) The Otdertng tqocy wm make invoice payments for services not subject to the direct regulation of the commission In accordance with the provfslons of the FAR Subpart 52232-25 (Artide 141middot16) The Interest rate for late payments made pursuant to thts dause shan be computed in accordance with the Offlte ol Management and Budget prompt payment regulations at 5 CFR 1315

ARnCU 8 CONTRACTOR-OWNED METERS

81 Metering equipment of standard manufacture suitable to measure aJI utllity services suppled by the Contractor hereunder shaH be fumlshed1 tnstalled cal4brated and maintained by the Contractor at its expense In the event any meter falls to register or registers lnrorrectfy as detennlned by the regcUatlons of the CornrrUssion billing adjustments shall be made In accordance with such regulations and Contractors Tariffs

82 The Contractor so far as possible shall read an meters monthly In accordance with the Contractors Tariff and the Commissions regulations

83 Meters shall be inspected upon~ at no direct charge to the Ordering Ageocy SUbsequent inspection petiodic testing repair and replacement of meters shall be done In such place and manner as provided by the Commissions regulations Upon notice tt1at a meter Is failing to reg~ correctly the Contractor shall take Immediate steps to effect replacement or repair Ordering Agencies shall have the right to request a meter test In accordance wlttl the procedures prescribed In the Commissions regulations and Contractors Tariffs The tests and applicable meter accuracy standards~ those set forth In the Commissions regUiatlons The expense of meter tests shall be borne by the party designatedas responsible therefor in the Commissions regulations

ARllaE 9 EQUIPMENT AND FACJUTIES

91 Subject to the provisions of Artfde 56 hereof the responsibility for Oyenmlng furnishing In~lltng and maintaining aH equipment and fadllties (other than meters) required to suppiy service at the deivery polnt(s) spedfied In an Authorization shan be determined In accordance wtth the Contractors Tariffs COntractors policies and practices and the Commissions rules and regulations The Ordering ~ shall proWe free of charge to the Contractor mutually agreeable locations oo Its premises for the tnstaJiaOOn of meters and such other equipment fumlshed and owned by the Contractor and necessary to suppty seNice hereunder The Contractor shalt at an times during the life of this Areawide Contract operate and maintain at its expense such equipment or fadlitfes as for which it has responsibility In aaa-dance with this Article 91 and shall assume all taxes and other charges in oonnect1on therewlh Notwtthstandlng anything to the contrary In FAR 52241middot5 (Contractors Fadlltles (FEB 1995) to the extent required by the Contractors Tariffs and In accordance thereof such equipment and fadllttes as tor wh6ch the Contractor has responsibftlty In accordance with this Artlde 91 shall be removed or If there Is any underground equipment or facilities tor wtlkh the Contractor has responsibility In accordance with this Artlde 91 such underground equipment or fadJitfes may be abandoned and In both cases the Agencys premises restored by the COntractor at its expense Within a reasonable time alter discontinuance of service to the Ordertng Agency

92 Ali necessary rlghts-ofmiddotway easements and such other rights necessary to permit the Contractor to perform under this contract shall be obtained and the expense for same borne In accordance With the Contractors Tariffs and the Commissions rules and regulations

5

ARnCLE 10 llABIUTY

101 When the Government andor an Ordering Agency has limited or restricted the Contractors right of ~ccess under Artlde 11 and thereby Interfered with the COntractors ability to supply service or to correct dangerous situations which are a threat to public safety the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Artlde (101) shall not be omstrued to limit the Governments liability under applicable law

102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any Interruptions In service and for any Irregular or defective service shall be determined In accordance with the Contractors Tariffs

103 Except as provided above and In accordance with the Contractors Tariff and Terms and Conditions of Service the Government shall not be liable for any damage or Injury to any person or property Including death occasioned solely by the Contractors itS employees or agents negligent ln~llatton use operation or lntenttonal miSuse of the Contractors equipment or fadlltJes

104 Jn aoordance with the Contractors Tariff andor Terms and COnditions of Service neither the Contractor nor Its employees or agents shall be liable for damage or Injury to any person or property lndudlng death occasioned solely by the negligent Installation use operation or Intentional misuse of Contractors equipment or racllltles by the Government Its employees or agents

105 The Contractor shall not be liable for inddents arising out of or In any way connected with the violation or compliance with any local state or federal environmental law or regulation resulting from pre-existing conditions at a Govemment job site release or spiR of any pre-existing hazardous materials or waste or out of the management and disposal or any pre-existing contaminated soils or ground water hazardous or non-hazardous removed from the ground as a result of WOOc perfonned by the Contractor

106 The Government agrees to accept full responsibility for and bear all costs associated with pre-existing environmefltal liability Responsibility for testing abatement remediation andor disposal of hazardous material lndudng but not limited to contaminated soil lead paint asbestos fuel oil or underground fuel oll tanks shall remain with the Government Wh~ there Is reason to suspect that hazardous material Is present at the work site or where hazardous material is encountered during the course of work being perfonned the Contractor shall stop work notify the Contractlng Officer and Activity personnel and request that the Government test the work site for such hazardous material and appropnately abate and dispose of such hazardous material Once the work site has been deared of all hazardous material the Contractor shall resume wOOlt In that area

ARTICLE 11 ACCESS TO PREMISES

111 The Contractor shaU have access to the premises served at all reasonable times during the term of this AreaWide Contract and at its expiration or termination for the purpose of reading meters making lnstallatlons repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper mUitary or other governmental authority may limit or restrict such light of access In any manner considered by such authority to be reasonably necessary or advisable

ARnCLE 12 PARTIES OF INTEREST

121 This Areawide Contract shall be binding upon and Inure to the benefit of the successors Jegaf representatives and assignees of the respective parties hereto

122 In the event the COntractor becomes aware that a change In ownership has occurred or Is certain to occur the Contractor shall notify the Contracting Officer at the address provided in Artide 161 within thirty (30) days of such ownership change In the event the Contractor falls to make the notification required by this Artide 122 the Government cannot guarantee the payment of outstanding Invoices In accordance with the provisions of Article 71

ARnCLE 13 REPRESENTAnONS AND CERTIFICATIONS

131 This Areawide Contract Incorporates by reference the representations and certifications made by the Contractor on Form PBS 3503 which Is oo fife with the Government

6

ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 8: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

ARnCLE 10 llABIUTY

101 When the Government andor an Ordering Agency has limited or restricted the Contractors right of ~ccess under Artlde 11 and thereby Interfered with the COntractors ability to supply service or to correct dangerous situations which are a threat to public safety the Government shall be responsible for any liability resulting from such restricted or limited access to the extent permitted by law and authorized by appropriations This Artlde (101) shall not be omstrued to limit the Governments liability under applicable law

102 The Contractors liability to the Government and to any Ordering Agency for any failure to supply service for any Interruptions In service and for any Irregular or defective service shall be determined In accordance with the Contractors Tariffs

103 Except as provided above and In accordance with the Contractors Tariff and Terms and Conditions of Service the Government shall not be liable for any damage or Injury to any person or property Including death occasioned solely by the Contractors itS employees or agents negligent ln~llatton use operation or lntenttonal miSuse of the Contractors equipment or fadlltJes

104 Jn aoordance with the Contractors Tariff andor Terms and COnditions of Service neither the Contractor nor Its employees or agents shall be liable for damage or Injury to any person or property lndudlng death occasioned solely by the negligent Installation use operation or Intentional misuse of Contractors equipment or racllltles by the Government Its employees or agents

105 The Contractor shall not be liable for inddents arising out of or In any way connected with the violation or compliance with any local state or federal environmental law or regulation resulting from pre-existing conditions at a Govemment job site release or spiR of any pre-existing hazardous materials or waste or out of the management and disposal or any pre-existing contaminated soils or ground water hazardous or non-hazardous removed from the ground as a result of WOOc perfonned by the Contractor

106 The Government agrees to accept full responsibility for and bear all costs associated with pre-existing environmefltal liability Responsibility for testing abatement remediation andor disposal of hazardous material lndudng but not limited to contaminated soil lead paint asbestos fuel oil or underground fuel oll tanks shall remain with the Government Wh~ there Is reason to suspect that hazardous material Is present at the work site or where hazardous material is encountered during the course of work being perfonned the Contractor shall stop work notify the Contractlng Officer and Activity personnel and request that the Government test the work site for such hazardous material and appropnately abate and dispose of such hazardous material Once the work site has been deared of all hazardous material the Contractor shall resume wOOlt In that area

ARTICLE 11 ACCESS TO PREMISES

111 The Contractor shaU have access to the premises served at all reasonable times during the term of this AreaWide Contract and at its expiration or termination for the purpose of reading meters making lnstallatlons repairs or removals of the Contractors equipment or for any other proper purposes hereunder provided however that proper mUitary or other governmental authority may limit or restrict such light of access In any manner considered by such authority to be reasonably necessary or advisable

ARnCLE 12 PARTIES OF INTEREST

121 This Areawide Contract shall be binding upon and Inure to the benefit of the successors Jegaf representatives and assignees of the respective parties hereto

122 In the event the COntractor becomes aware that a change In ownership has occurred or Is certain to occur the Contractor shall notify the Contracting Officer at the address provided in Artide 161 within thirty (30) days of such ownership change In the event the Contractor falls to make the notification required by this Artide 122 the Government cannot guarantee the payment of outstanding Invoices In accordance with the provisions of Article 71

ARnCLE 13 REPRESENTAnONS AND CERTIFICATIONS

131 This Areawide Contract Incorporates by reference the representations and certifications made by the Contractor on Form PBS 3503 which Is oo fife with the Government

6

ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 9: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

ARUCLE 14 SUPPLEMENTAL ClAUSES

141 51252middot2 aauses Incorporated by Reference (FEB 1998)

This contract Incorporates one or more dauses by reference with the same force and effect as If they were given In full telltt Upon request the Contracting Officer wtn make their full text available Also the fuK text of a dause may be accessed electronically at thiSthese address(es) httpwwwacqnetgov

FAR REF

(1) 52202-1 (2 52203-3 (3) 52203-5 (4) 52203-6 (S) 52203-7 (6) 52203-8 (7) 52204-4 (8) 52209-6

(9) 52215middot19 (10) 52219middot8 (11) 52219--9 (12) 52222-21 (13) 52222-26 (14) 52223middot14 (15) 52229-1 16) 5223225 (17) 52232-23 (18) 52232middot34 (19) 52233-1 (20) 52237middot2 (21) 52241-2 (22) 52242-13 (23) 52243-1 (24) 52244-5 (25) 52249-2 26) 52253-1

Federal Acaulsltlon Regulation

oetlnitions (JUl2004) Gratultles (APR 1984) Covenant Against Contingent Fees (APR 1984) Restrictions on Subcontractor Sales to~ Government (JUL1995) AntlmiddotKickback Procedures (JUL1995) cancellation Rescission and Remvery of Funds for Illegal or Improper Activity JAN 1997) PrtntedCoped Oouble-Skfed on Recycted Paper (AUG 2000) Protecting the Governments Interest When Subcontracting With Contractors Debarred Suspended or Proposed for Oebannent (JAN 2005) Notifkatlon of OWnership Changes (OCT 1997) UHflzatlon of sman Business Concerns (MAY 2004) Small Business Subcontradlng Ptan (JUL 2005) Prohibition of Segregated Fadlittes (FEB 1999) Equal Opportunity (APR 2002) Toxic Chemical Release Reporting (AUG 2003) State and Local Taxes (APR 1984) Prompt Payment (OCT 2003) Asslgnment~C1atms (JAN 1986) Electronic Funds Transfer Payment (MAY 1999) Disputes (JULY 2002 Protection of Government Buildings Equipment and Vegetation (APR 1984) Order of Precedence - Utilities (FEB 1995) Ban~(JUL1995) Changes-Axed Prtce(AUG 1987) (AltI)(APR 1984) Competition In Subcontracting (Dec 1996) Termination for Convenience of the Government (FIXed Prlce)(MAY 2004 Computer Generated Forms (JAN 1991)

142 Repeat of Clauses Ourtng Term of Contract

If during the term of thls Areawide Contract any of the dauses contained In tNs Article are repealed revoked or dissolved by the Government then such dauses shall no longer be part of this contract as ~ the date of such repeal revocation or dissolutlon The elimination of these clauses by reason of such repeal revocation or dissolution shall not affect the continuing validity and effectiveness of the remainder of the contract or other dauses referenced In this Article

ARDCLE 15 SMALL BUSINESS SUICONTRACONG PLAH

151 Attached hereto and made a part hereof by reference Is a SUBCONTRAcnNG PLAN FOR SMALL BUSINESS CONCERNS SMALL BUSINESS CONCERNS OWNED AND CONTROllED BY SOCIALLY amp ECONOMICAlLY DISADVANTAGED INDMDUALS HUB ZONE BUSINESS CONCERNS WOMAN OWNED SMALL BUSINESS CONCERNS VETERAN-QWNED SMALL BUSINESSES CONCERNS AND DISABLED VETERAN-oWNED BUSINESSES negotiated between the Contractor and the Government which Is applicable on a company-wide basis pursuant to the requirements of Section 211 of PL 95-507 15 USC 637(d)) The Contractor expressly understands that this subcontracting plan Is an annual contractual requirement and hereby agrees to submit a new subcontracting plan by November 3ot of each year dunng the life ot this Contract

152 Information and announcements concerning current developments In the GSA Small Business Subcontracting Program are available on the GSA Energy Center web site accessible Via httpwwwgsagoyenergy

ARUCLE 16 NOnCES

161 Unless specifically provided otherwise all notices required to be provided to the Government under this Areawide Contract shan be mailed to u S General Services Administration Energy Center of Expertise (PLA) 301 7th Street SW Room 4004 Washington DC 20407

7

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 10: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

162 AU Inquiries and notices to the Contractor regarding this Areawide Contract shall be mailed to Mr Steve Friedland Federal Accounts Representatl~ DTE Energy 2000 Second Avenue 1205 WCB Detroit Ml 48226 (telephone number 313~235middot3464) or to such other person as the Contractor may hereafter designate In writing

ARTICLE 17 REPORTING

The Contractor shall provide as prescribed and directed by the Contracting Offtcer an annual report on performance Summary of Subcontract Report (standard Fonn 295) In accordance with the approved subcontracting plan for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged Individuals as required by Article 15 by Apr11 1 of each year during the life of this Areawide contract

ARTICLE 18 MISCELlANEOUS

181 Contract admnjstraton The Ordering Agency shall assist In the day-to-ltlay administration of the utility service being provided to it under an Authorization

182 Anti-PeHdency Unless otherwise authonzed by Public Law or Federal Regulation 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 matter of the contract or to Involve the Government In an obligation for the future expenditure of montes before an appropriation Is made (AntlmiddotDeflclency Act 31 USC 1341A1)

183 Obligation to 5erye Nothing contained in this contract shall obligate the Contractor to take any action which It may consider to be detrimental to Its obligations as a publtc utility

184 Term of Aytborlzatloos lt Is recognized that during the life of this contract situations andor requirements may arise where It may be desirable that the term of service to an Ordeling Agencys factllly extend beyond the term of this contract In such event the particular Authorization Involved may spedfy a term extending beyond the tenn of this contract provided that Is wlthln the contracting authority of the Ordering agency

8

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 11: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

[N WITNESS WHEREOF the parties have exewted this contract as of the day and the year first above wrttten

UNITED STATES OF AMERICA Acting through the Administrator

ofGeneral Services

ATTEST

THE DETROIT EDISON COMPANY

ATTEST

9

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions

Page 12: The Detroit Edison CompanyAct of 1949, as amended, 40 U.S.C. SOl(b)(l), and The Detrott Edison Company (hereinafter referred to as the "Contractor"}: WHEREAS, the Contractor Is a public

EXHIBIT A Contractors 10 NO_____ (Optional)

Ordering Agencys 10 ___(Optional)

THE DETROIT EDISON COMPANY AUTHORIZATION FOR ELECTRIC SERVICE CHANGE IN ElECTRIC SERVICE

OR DJSCONNEcnON OF ELECTRICSERVICE UNDER CONTRACT NO GSmiddotOOPmiddotOampmiddotBSD-0445

Ordering Agency______________________________

Address-------------------------------------Pursuant to Contract No GS-OOP06middotBSD-0445 between the Contractor and the United States Government and subject to all the provisions

thereof service to the United States Government under such contract shall be rendered or modified as hereinafter stated Contract Articles 2 and I shall be followed for the mitiation of service under this contract

PREMISES TO BE SERVED__middotmiddot---------------------- shySERVICE ADDRESS

NATURE Of SERVICE 0 Connect D Change 0 Disconnect o Continue Service 0 Une Extension Alteration Relocation or Reinforcement D Special Fadlities

OTHER TERMS AND CONDffiONS__________________________

Attach any other relevant terms and conditions under which service will be provlded POINT OF DELIVERY_______________________________

TERM OF SERVICE from______ through-----shy

SERVICE HEREUNDER SHALL BE UNDER RATE SCHEDUlE NO______ Hereafter amended or modified by the regulatory body haVIng juflsdictlon (see artide 5 of this cootract) ESTIMATED ANNUAL ENERGY USAGE KWH ESTIMATED DEMAND_____KW ESTIMATED ANNUAL SERVICE COST $-=----------__---------------- ESTIMATED CONNEcnONSPECIAL FACfLITlES OiARGE $ (if applicable)ACCOUNTING AND APPROPRIATION DATA FOR SERVICE___________________

FOR CONNECTJONSPECIAL FAOtrnES CHARGEmiddot----------------- shy

CLAUSES INCORPORATED BY REFERENCE (Check applicable dauses)

(1)__ 52211middot10 Commencement Prosecution and QxnpleUon ofWork APR 1984) (2)_ 52236middot5 HdterilJI and Workmansllip (APR 1984) 3)__ 52241-4 CJange in aass of5erllice (FEB 1995 4)__ 52241-3 Scope andDuration ofContract FEB 1995) (5)__ 52241-5 Contractors Faa1ities FEB 1995) (6)_ _ 52241-7 Orangein Rates or Terms andConditions ofService for RegulitedServias (FEB 1995) (Use FuH Text ofClause) (7)__ 52241-11 Multiple SeYice iIXattons (FEB199S) (8)_ 52243-1 Cllanges-Rxed Price AUG 1987) (9_ 52249-_ Default f ) (Specify appropriate Gause)

BlLLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT TiiE FOLlOWING ADDRESS ----------------------------------------------------In copiesThe foregoing shall be effectiVe upon the retum of the fully executed original Authotizatioo by the Contractor to the ordering Agency

ACCEPTED THE DETROIT EDISON COMPANY

(Ordering Agency)

By=------------shySy=------~-----------Authorizecl Signature Authorized Signature

Title__________ litle_____________

Date__________ Date_____________

Indude a reference to the applicable rate schedule and attach a MOTEcopy of such schedule A fully exeaJted copy of this Authorization shall be transmitted by the

If necessary attach and make part hereof supplemental ordering Agency to the Energy Center of Expertise (PLA) General agreements or sheets that cover required connection or extension Services Administration Washington DC 20107 charges and special fadllties or service arrangements (See Artide 5 of this Contract for instructions