05900 20438 Natural Gas Award 20438A 0590020438a

User Manual: 20438A

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State of New York Executive Department
Office Of General Services
Procurement Services Group
Corning Tower Building - 38th Floor
Empire State Plaza
Albany, New York 12242
http://www.ogs.state.ny.us

CONTRACT AWARD NOTIFICATION
Title

:

Award Number

:

Group 05900 – NATURAL GAS
(Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)
Classification Code: 15
20438
(Replaces Awards 19162 & 19510)

Contract Period

:

November 1, 2006 to October 31, 2008

Bid Opening Date

:

August 15, 2006

Date of Issue

:

August 15, 2006

Specification Reference:

As Incorporated In The Invitation for Bids

Contractor Information:

Appears on Page 2 of this Award

Address Inquiries To:
State Agencies & Vendors
Name
Title
Phone
Fax
E-mail

:
:
:
:
:

Jose De Andres
Purchasing Officer I
518-474-1108
518-474-1160
jose.deandres@ogs.state.ny.us

Political Subdivisions & Others
Phone :
Fax
:
E-mail :

Customer Services
518-474-6717
518-474-2437
customer.services@ogs.state.ny.us

The Procurement Services Group values your input.
Complete and return "Contract Performance Report" at end of document.

Description
This Award describes a contract for the purchase of Fixed Price/Firm Supply Natural Gas and adjustable
price Interruptible and Firm Supply Natural Gas from gas suppliers and/or marketers for use at the
agencies listed herein. This concept is in accordance with gas deregulation action of the Federal Energy
Regulatory Commission, the New York Legislature and the New York Public Service Commission.

PR # 20438

(continued)
20438a.doc/T03md

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD

PAGE 2

NOTE: See individual contract items to determine actual awardees.
CONTRACT # CONTRACTOR & ADDRESS

TELEPHONE #

FED.IDENT.#

PC62689

COLONIAL ENERGY, INC.
3975 FAIR RIDGE DRIVE
SUITE T10 NORTH
FAIRFAX, VA 22033

845-429-3229
582209516
Susan Filgueras
FAX NO.: 845-786-5341
E-mail: sfilgueras@colonialenergy.com
Web Site: www.colonialgroupinc.com

PC62690

CONSTELLATION NEW ENERGY GAS DIVISION
2440 SHERIDAN DRIVE
TONAWANDA, NY 14150

716-541-1667
830456842
Timothy D. Wright
FAX NO.: 716-614-1819
E-mail: tim.wright@constellation.com
Web Site: www.newenergy.com

PC62691

HESS CORP.
ONE HESS PLAZA
WOODBRIDGE, NJ 07095

800-437-7265
800-437-7872
732-750-6888
Nelson Alves OR
Hess Operator
FAX NO.: 732-750-6927
E-mail: nalves@hess.com
Web Site: www.hess.com

PC62692
SB

NATIONAL FUEL RESOURCES, INC.
165 LAWRENCE BELL DRIVE
SUITE 120
WILLIAMSVILLE, NY 14231

800-839-9993
161408956
716-630-6700
Dan Czechowicz OR
Lynn Pohlman
716-630-6717 OR
716-630-6799
FAX NO.: 716-630-6751
E-mail: dczechowicz@nfrinc.com
E-mail: lpohlman@nfrinc.com
Web Site: www.nationalfuelgas.com

PC62693

ENERGY CREDIT GROUP, LLC
1077 CELESTIAL STREET
CINCINNATI, OH 45202

800-598-2046
311662765
513-621-1113
Larry Freeman
FAX NO.: 513-621-3773
E-mail: lfreeman@stand-energy.com
Web Site: www.standenergy.com

134921002

Cash Discount, If Shown, Should be Given Special Attention.
INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.
(See "Contract Payments" and "Electronic Payments" in this document.)
AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR
FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH
DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE
AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP.

(continued)
20438a.doc/T03md

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD

PAGE 3

SMALL, MINORITY AND WOMEN-OWNED BUSINESSES:
The letters SB listed under the Contract Number indicate the contractor is a NYS small business.
Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or
Woman-owned Business Enterprise.
PRICE:
Marketer’s price (also known as the basis cost) includes all costs associated with the acquisition and
transportation of the gas to the LDC’s city gate (Basis Cost) including shrinkage, fuel retainage losses, GRI
surcharge, custom duties and charges. Governmental entities are to be automatically considered federal and state
tax exempt. No supplier/marketer shall incur separately identifiable taxes with the expectation that they are to be
passed along to the governmental user, except in such cases where the agency specifically agrees in writing in
advance.
FIXED PRICE:
Lots indicted as Fixed Price shall be firm and fixed for both commodity and basis costs at the bid price for
the duration of the contract. Price revisions are not applicable for those lots marked as fixed price.
MONTHLY INDEXED PRICE:
“Index Cost” Pricing Method
Month to month indexed prices are calculated by taking the average of the last three (3) days closing
settlement price of NYMEX natural gas daily settlement for the month of gas delivery plus the marketer’s basis
cost. Prices will be carried to the 4th decimal place. Basis cost will be firm throughout the duration of the
contract period. Monthly indexed commodity prices do not apply to those lots identified as Fixed Price.
ALL LOTS FOR INDEXED PRICING:
Monthly prices will represent City Gate full quantity delivery with fuel retention, line losses and
shrinkage. Marketers will model their price structure after the following model:
City Gate
Price

=

Average of Last
Three Days
Close of NYMEX

+

Marketer’s Basis Cost**

where the only variable is the “Average of Last Three Days Close of NYMEX”. Marketer’s “Basis Cost”
is fixed for the duration of the contract. Reductions to marketer’s basis cost may be allowed at any time.
NOTE:
Average of the last three days of the Close of the NYMEX means the average of the last three days
NYMEX Close (Settlement Price) of the NYMEX for natural gas at the Henry Hub Louisiana delivery point as
published in the Wall Street Journal Futures Column and shown on the NYMEX website.
**Basis cost means all costs associated with the marketer’s acquisition and transportation of natural gas to the LDC
City Gate including all costs associated with balancing services to the city gate LDC. This does not include the
commodity cost.
**Carried to the 4th decimal place.

(continued)
20438a.doc/T03md

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD

LOT 1 - DELIVERY TO CENTRAL HUDSON GAS & ELECTRIC - CITY GATE
FIXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.

Fishkill Correctional Facility

LOT 1 - Total Quantities
(Item 1)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

31,400
31,400

$11.9710
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 1: HESS CORPORATION

LOT 2 - DELIVERY TO CENTRAL HUDSON GAS & ELECTRIC - CITY GATE
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.
7.

Agency
NYS DOT (Poughkeepsie)
NYS DOT (Newburgh)
NYS DOT (Poughkeepsie)
NYS DOT (Kingston)
DMNA (Newburgh)
NYS DOT (Poughkeepsie)
DMNA (Poughkeepsie)

LOT 2 - Total Quantities
(Items 1 - 7)

12 Months
Approx.
Quantity
MMBtu's
960
900
4,145
780
3,138
2,548
1,503
13,974

(continued)
20438a.doc/T03md

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

NO AWARD

PAGE 4

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD

PAGE 5

LOT 3 - DELIVERY TO CENTRAL HUDSON GAS & ELECTRIC - CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.

Agency

12 Months
Approx.
Quantity
MMBtu's

Fishkill Correctional Fac.
OMH Hudson River Psych. Center

435,000
18,292

LOT 3 - Total Quantities
(Items 1 - 2)

453,292

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

$0.8517**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

West Virginia

CONTRACTOR, LOT 3: COLONIAL ENERGY INC.

LOT 4 - DELIVERY TO CON EDISON – CITY GATE
FIXED PRICE/FIRM SUPPLY

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

DMNA (Yonkers)
DMNA (Whitestone)
DMNA (New York)
DMNA (New York)
DMNA (Bronx)
Peekskill CSD (Admin. Bldg.)
Peekskill CSD (Uriah Hill School)
Peekskill CSD (Oakside School)
Peekskill CSD (High School)
Peekskill CSD (Park Street School)
Peekskill CSD (Peek Middle School)
Queensboro Correctional Fac.
DMNA (Bronx)
DMNA (New York)
Katonah Village Library

LOT 4 - Total Quantities
(Items 1 – 15)

12 Months
Approx.
Quantity
MMBtu's
842
1,535
1,626
758
1,978
86
196
284
390
59
287
12,419
1,395
1,046
797
23,698

(continued)
20438a.doc/T03md

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

NO AWARD

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

LOT 5 - DELIVERY TO CON EDISON – CITY GATE
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

Agency

12 Months
Approx.
Quantity
MMBtu's

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

DMNA (Peekskill)
4,059
Westchester DOT
34,867
Westchester DOT
100,582
Westchester Encon
12,562
Westchester Encon
5,704
Tn of Greenburgh (Police/Court)
1,325
Tn of Greenburgh (Town Hall)
833
Tn of Greenbergh (Recreation Dept.)
1,386
Tn of Greenburgh (Library)
1,016
Tn of Greenburgh (Sprain Garage)
6,983
Tn of Greenburgh (Bryant Ave. Pump Sta.)
152
Tn of Greenburgh (Water & Sewer Dept.)
1,169

LOT 5 - Total Quantities
(Items 1 – 12)

170,638

(continued)
20438a.doc/T03md

NO AWARD

AWARD

PAGE 6

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

LOT 6 - DELIVERY TO CON EDISON – CITY GATE
INDEXED PRICE/FIRM SUPPLY

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.

City of Yonkers (Engine #1)
City of Yonkers (Engine #3)
City of Yonkers (Engine #4)
City of Yonkers (Engine #6)
City of Yonkers (Engine #7)
City of Yonkers (Engine #9)
City of Yonkers (Engine #10)
City of Yonkers (Engine #11)
City of Yonkers (Engine #12)
City of Yonkers (Engine #13)
City of Yonkers (1st Precinct)
City of Yonkers (2nd Precinct)
City of Yonkers (McLean Ave. Library)
City of Yonkers (McLean Ave. Recreation)
City of Yonkers (Veteran’s Office)
City of Yonkers (Health Center)
City of Yonkers (Hillview Pump Sta.)
City of Yonkers (Schultze Field)
City of Yonkers (Police Property)
City of Yonkers (Sewer Dept.)
City of Yonkers (Fac. Maint. Div.)
City of Yonkers (Faye Park)
City of Yonkers (Beczak)
City of Yonkers (Nodine Hill Comm. Ctr.)
City of Yonkers (Recycling Center)
City of Yonkers (Hudson River Museum)
City of Yonkers (City Jail)
City of Yonkers (Yonkers)
City of Yonkers (Armory)
City of Yonkers (285 Nepperhan Ave.)
City of Yonkers (Sign Shop Tuckahoe Rd.)
City of Yonkers (Nepperhan Comm. Ctr.)
City of Yonkers (Cacace Justice Ctr.)
City of Yonkers (Green House)
City of Yonkers (Rifle Range)
City of Yonkers (Cola Center)
City of Yonkers (Chema Center)
City of Yonkers (Scotti Senior Center)

LOT 6 - Total Quantities
(Items 1 – 38)

12 Months
Approx.
Quantity
MMBtu's
2,714
972
1,085
468
3,208
2,859
105
639
1,726
997
1,496
319
180
732
183
3,658
200
125
4,754
1,990
6,599
214
227
567
4,391
4,503
1,663
5,446
68
3,000
1,975
469
8,540
940
492
751
472
725
69,452
69,452

(continued)
20438a.doc/T03md

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

NO AWARD

AWARD

PAGE 7

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD

PAGE 8

LOT 7 - DELIVERY TO CON EDISON – CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.
3.
4.
5.

Agency

12 Months
Approx.
Quantity
MMBtu's

DMNA (New York)
DMNA (New York)
Peekskill CSD
Queensboro Correctional Fac.
Bedford Hills Correctional Fac.

6,676
10,193
5,491
804
168,349

LOT 7 - Total Quantities
(Items 1 – 5)

191,513

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

$0.6621**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Louisiana

CONTRACTOR, LOT 7: COLONIAL ENERGY INC.

LOT 8 - DELIVERY TO KEYSPAN ENERGY (LONG ISLAND) – CITY GATE
FIXED PRICE/FIRM SUPPLY

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

DMNA (Ronkonkoma)
DMNA (Patchoque)
DMNA (Freeport)
DMNA (Bay Shore)
DMNA (Farmingdale)
DMNA (Farmingdale)
DMNA (Bay Shore)
DMNA (Patchoque)
North Massapequa Fire District
North Massapequa Fire District
North Massapequa Fire District
North Massapequa Fire District

LOT 8 - Total Quantities
(Items 1 - 12)

12 Months
Approx.
Quantity
MMBtu's
2,214
1,807
2,444
1,683
609
759
839
541
237
78
525
407
12,143

(continued)
20438a.doc/T03md

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

NO AWARD

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD

LOT 9 - DELIVERY TO KEYSPAN ENERGY (LONG ISLAND) – CITY GATE
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.

12 Months
Approx.
Quantity
MMBtu's

Agency
NYS DOT (Melville)
NYS DOT (Hicksville)
NYS DOT (North Merrick)
NYS DOT (Central Islip)
DMNA (Huntington Station)
DMNA (Ronkonkoma)

1,200
240
600
3,570
2,837
7,062
15,509

LOT 9 - Total Quantities
(Items 1 - 6)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

NO AWARD

LOT 10 - DELIVERY TO KEYSPAN ENERGY (NEW YORK) – CITY GATE
FIXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.

Agency

12 Months
Approx.
Quantity
MMBtu's

DMNA (Staten Island)
Brooklyn DDSO
Brooklyn DDSO
DMNA (Jamaica)

1,286
1,785
103,602
1,275

LOT 10 - Total Quantities
(Items 1 - 4)

107,948

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

$11.5510
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 10: HESS CORPORATION

(continued)
20438a.doc/T03md

PAGE 9

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 10

LOT 11 - DELIVERY TO KEYSPAN ENERGY (NEW YORK) – CITY GATE
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.

12 Months
Approx.
Quantity
MMBtu's

Agency
DMNA (Staten Island)
DMNA (Staten Island)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

2,748
5,223

LOT 11 - Total Quantities
(Items 1 - 2)

7,971

$2.8840**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 11: HESS CORPORATION

LOT 12 - DELIVERY TO KEYSPAN ENERGY (NEW YORK) – CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.
3.
4.
5.

Agency

12 Months
Approx.
Quantity
MMBtu's

DMNA (Jamaica)
DMNA (Brooklyn)
DMNA (Brooklyn)
Brooklyn DDSO
Arthur Kill CF

20,317
4,634
3,255
86,415
4,600

LOT 12 - Total Quantities
(Items 1 - 5)

119,221

(continued)
20438a.doc/T03md

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

NO AWARD (NO BIDS RECEIVED)

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 11

LOT 13 - DELIVERY TO NATIONAL FUEL CITY GATE (NON CAPACITY)
FIXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.

Agency

12 Months
Approx.
Quantity
MMBtu's

Alfred University
Erie Co. Water Authority
Erie Co. Water Authority
Erie Co. Water Authority
City of Dunkirk

101,419
5,075
7,083
8,307
5,100

LOT 13 - Total Quantities
(Items 1 - 5)

126,984

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

$10.6600
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

West Seneca, NY

CONTRACTOR, LOT 13: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC

LOT 14 - DELIVERY TO NATIONAL FUEL CITY GATE
FIXED PRICE/FIRM SUPPLY (CAPACITY)
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

DMNA (Niagara Falls)
DMNA (Hornell)
DMNA (Dunkirk)
DMNA (Avfuels)
DMNA (Bldg. 923)
DMNA (Bldg. 906)
DMNA (Bldg. 960)
DMNA (Bldg. 904)
DMNA (Bldg. 901)
DMNA (Bldg. 912)
DMNA (Buffalo)

LOT 14 - Total Quantities
(Items 1 - 11)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

2,409
1,022
793
91
324
458
265
1,187
1,658
1,497
973
10,677

$11.4000
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

West Seneca, NY

CONTRACTOR, LOT 14: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC
(continued)
20438a.doc/T03md

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 12

LOT 15 - DELIVERY TO NATIONAL FUEL CITY GATE (CAPACITY)
INDEXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

NYS DOT (Hornell)
NYS DOT (Depew)
NYS DOT (Hamburg)
DMNA (Jamestown)
NYS Parks & Recreation
Wyoming Correction Fac.
Attica Correctional Fac.
DMNA (Multi Bldgs.)
DMNA (Bldg. 902)
Gowanda Correctional Fac.
NYS DOT (Hamburg)
NYS DOT (Hamburg)
NYS DOT (East Aurora)
NYS DOT (Mayville)
NYS DOT (Fredonia)
NYS DOT (Bemus Point)
NYS DOT (Falconer)
NYS DOT (Sherman)
NYS DOT (Hornell)
Collins Correctional Fac.

LOT 15 - Total Quantities
(Items 1 - 20)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

1,920
1,680
3,025
4,103
3,450
4,500
10,450
5,755
11,630
3,291
3,084
2,158
1,338
4,179
1,233
1,043
1,579
1,028
3,200
8,455
77,101

$0.9100**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

West Seneca, NY

CONTRACTOR, LOT 15: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC

(continued)
20438a.doc/T03md

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 13

LOT 16 - DELIVERY TO NATIONAL FUEL CITY GATE (NON CAPACITY)
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.

Agency

12 Months
Approx.
Quantity
MMBtu's

Wyoming Correctional Fac.
Western NY DDSO
DMNA (Buffalo)
DMNA (Buffalo)
DMNA (Bldg. 915)
Lakeview Correctional Fac.

271,600
44,081
7,516
10,380
4,798
1,280

LOT 16 - Total Quantities
(Items 1 – 6)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

339,655

$0.4400**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

West Seneca, NY

CONTRACTOR, LOT 16: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC

LOT 17 - DELIVERY TO NATIONAL FUEL CITY GATE (NON CAPACITY)
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.
3.

Agency

12 Months
Approx.
Quantity
MMBtu's

OMH Buffalo Psych. Center
Collins Correctional Fac.
Lakeview Correctional Fac

46,300
251,000
48,300

LOT 17 - Total Quantities
(Items 1 - 3)

345,600

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

$0.4400**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

West Seneca, NY

CONTRACTOR, LOT 17: CONSTELLATION NEW ENERGY – GAS DIVISION, LLC

(continued)
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(Interruptible Supply – Index Price)

AWARD PAGE 14

LOT 18 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
FIXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.

12 Months
Approx.
Quantity
MMBtu's

Agency
Southport Correctional Fac.
NYS OGS Binghamton SOB
DMNA (Walton)
DMNA (Olean)

LOT 18 - Total Quantities
(Items 1 - 4)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

43,566
11,922
1,233
1,873
58,594

$12.5010
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 18: HESS CORPORATION

LOT 19 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (DAILY)
FIXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.

12 Months
Approx.
Quantity
MMBtu's

Agency
Albion Correctional Fac.
Albion Correctional Fac.
Albion Correctional Fac.

LOT 19 - Total Quantities
(Items 1 - 3)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

152
92
38
282

$11.6830
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 19: NATIONAL FUEL RESOURCES INC.

(continued)
20438a.doc/T03md

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05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 15

LOT 20 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
FIXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.
7.

12 Months
Approx.
Quantity
MMBtu's

Agency
NYS OGS Homer Folks
NYS OGS Homer Folks
NYS OGS Homer Folks
DMNA (Ithaca)
NYS DOT (Canandaigua)
NYS DOT (Canandaigua)
DMNA (Auburn)

LOT 20 - Total Quantities
(Items 1 - 7)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

1,659
852
2,297
1,257
1,152
96
380
7,693

$11.6700
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 20: NATIONAL FUEL RESOURCES INC.

LOT 21 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
FIXED PRICE/FIRM SUPPLY

Item
No.
1.

Agency
Clinton Co. Sheriff Dept.

LOT 21 - Total Quantities
(Item 1)

12 Months
Approx.
Quantity
MMBtu's
18,062
18,062

(continued)
20438a.doc/T03md

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

NO AWARD (NO BIDS RECEIVED)

GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 16

LOT 22 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (DAILY)
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.

12 Months
Approx.
Quantity
MMBtu's

Agency
Albion Correctional Fac.
Orleans Correctional Fac.

LOT 22 - Total Quantities
(Items 1 - 2)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

33,650
6,387
40,037

$0.8780**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 22: NATIONAL FUEL RESOURCES INC.

LOT 23 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

12 Months
Approx.
Quantity
MMBtu's

Agency
J M Murray Ctr.
NYS Veterans Home
DMNA (Auburn)
J M Murray Ctr.
Village of Newark (Municipal Bldg.)
Village of Newark (DPW)
Village of Newark (Fire Dept.)
Village of Newark (Cemetery Office Bldg.)
Village of Newark (Waste Water Treat.)
Village of Newark (Waste Water Plant)
Village of Newark (Waste Water Filter Pt)
Auburn Correctional Fac.
DMNA (Lockport)

LOT 23 - Total Quantities
(Items 1 - 13)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

4,600
10,855
2,807
2,750
2,703
1,497
227
205
2,124
915
1,570
2,221
3,033
35,507

$1.9950**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 23: HESS CORPORATION
(continued)
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(Interruptible Supply – Index Price)

AWARD PAGE 17

LOT 24 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
INDEXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

NYS DOT (Cortland)
NYS DOT (Waterloo)
NYS DOT (Canandaigua)
NYS DOT (Newark)
NYS DOT (Newark)
NYS DOT (Morrisville)
NYS DOT (Oneonta)
NYS DOT (Oneonta)
NYS DOT (Auburn)
NYS DOT (Oxford)
NYS DOT (Oxford)
NYS DOT (Horseheads)
NYS DOT (Horseheads)
NYS DOT (Horseheads)
NYS DOT (Lockport)

LOT 24 - Total Quantities
(Items 1 - 15)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

1,680
600
780
600
977
420
1,000
1,500
300
1,349
360
1,532
507
710
960
13,275

$1.2120**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 24: NATURAL FUEL RESOURCES INC.

(continued)
20438a.doc/T03md

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(Interruptible Supply – Index Price)

AWARD PAGE 18

LOT 25 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
INDEXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

NYS DOT (Hancock)
NYS DOT (Cobleskill)
NYS DOT (Cobleskill)
NYS DOT (Owego)
NYS DOT (Hancock)
NYS DOT (Binghamton)
NYS DOT (Binghamton)
NYS DOT (Binghamton)
NYS DOT (Watkins Glen)
NYS DOT (Binghamton)
DMNA (Binghamton)
DOS Academy of Fire Science
DOS Academy of Fire Science

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

1,440
1,800
960
780
1,706
2,855
205
6,165
1,764
931
4,299
12
9,056

LOT 25 - Total Quantities
(Items 1 - 13)

31,973

$2.3020**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 25: HESS CORPORATION

LOT 26 - DELIVERY TO NEW YORK STATE ELECTRIC & GAS (DAILY)
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.

Agency

12 Months
Approx.
Quantity
MMBtu's

Albion Correctional Fac.

147,500

LOT 26 - Total Quantities
(Item 1)

147,500

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

$0.8500**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 26: NATIONAL FUEL RESOURCES, INC.
(continued)
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(Interruptible Supply – Index Price)

AWARD PAGE 19

LOT 27 - DELIVERY TO NEW YORK STATE ELECTRIC & GAS (DAILY)
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.
3.

Agency

12 Months
Approx.
Quantity
MMBtu's

Cayuga Correctional Fac.
Elmira Psy. Ctr.
NYS DOCS Groveland CF

66,020
24,180
224,380

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

314,580

LOT 27 - Total Quantities
(Items 1 - 3)

NO AWARD

LOT 28 - DELIVERY TO NEW YORK STATE ELECTRIC & GAS (DAILY)
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.

12 Months
Approx.
Quantity
MMBtu's

Agency
Binghamton Psy. Ctr.
Broome Development Ctr.

LOT 28 - Total Quantities
(Items 1 - 2)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

84,000
60,170
144,170

$1.7300**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

NYSEG City Gate

CONTRACTOR, LOT 28: ENERGY CREDIT GROUP

(continued)
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(Interruptible Supply – Index Price)

AWARD PAGE 20

LOT 29 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE
FIXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

DMNA (Scotia)
Rensselaer Co. Family
Troy Senior Center
Rensselaer Main Office
Rensselaer Public Safety (Sheriff)
Rensselaer Hwy. Dept.
Rensselaer Co. Ag/Life Sci. Bldg.
Rensselaer Co. Courthouse
Lansingburg CSD
Lansingburg CSD
Lansingburg CSD
Lansingburg CSD
Lansingburg CSD
Uncle Sam’s House
Uncle Sam’s House
NYS Dept. Agriculture & Markets
NYS Dept. Agriculture & Markets
Heritage Home for Women
DMNA (USPFO Warehouse)
DMNA (Troy)
DMNA (Troy)

LOT 29 - Total Quantities
(Items 1 - 21)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

647
2,148
2,707
2,571
7,732
2,841
529
8,405
1,928
3,239
3,566
5,620
6,023
654
221
1,819
12
1,406
1,096
1,027
229
54,420

$11.5640
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 29: NATIONAL FUEL RESOURCES, INC.

(continued)
20438a.doc/T03md

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(Interruptible Supply – Index Price)

AWARD PAGE 21

LOT 30 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14
15.

DMNA (Latham)
DMNA (Schenectady)
NYS DOT (Waterford)
NYS DOT (Latham)
NYS DOT (Hudson)
NYS DOT (Hudson Falls)
NYS DOH (Incinerator Bldg. “C”)
NYS DOH (Bldg. #9)
NYS DOH (Bldg. #1)
NYS DOT (Defreestville)
NYS DOT (Clifton Park)
DMNA (Historical Museum)
NYS DOT (Washington Co.)
NYS DOT (Saratoga)
NYS DOT (Voorheesville)

LOT 30 - Total Quantities
(Items 1 - 15)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

4,796
4,034
3,920
1,440
1,020
780
5,200
284
368
1,320
420
2,773
1,709
420
240
28,724

$1.1980**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 30: NATIONAL FUEL RESOURCES, INC.

(continued)
20438a.doc/T03md

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(Interruptible Supply – Index Price)

AWARD PAGE 22

LOT 31 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.

DASNY (Delmar)
DASNY (Albany)
City of Albany (City Hall)
City of Albany (Bath #2)
City of Albany (OGS)
City of Albany (Traffic Safety)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

1,987
5,422
5,660
4,085
9,780
3,440

LOT 31 - Total Quantities
(Items 1 - 6)

30,374

$1.2730**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 31: NATIONAL FUEL RESOURCES, INC.

LOT 32 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.
7.

12 Months
Approx.
Quantity
MMBtu's

Agency
OGS Albany Utilities
Hudson Correctional Fac.
DOH Wadsworth Labs
University of Albany
Rensselaer Co. Sewer
OGS Utilities Management
Capital District DDSO

LOT 32 - Total Quantities
(Items 1 - 7)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

313,000
69,100
71,500
20,220
23,400
1,599,947
49,300
2,146,467

$0.6612**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Pennsylvania

CONTRACTOR, LOT 32: COLONIAL ENERGY INC.
(continued)
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(Interruptible Supply – Index Price)

AWARD PAGE 23

LOT 33 - DELIVERY TO NATIONAL GRID WEST GATE
FIXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.

DMNA (Syracuse)
DMNA (Syracuse)
DMNA (Utica)
DMNA (Utica)
OGS Dulles SOB
OGS Utica SOB
Gloversville-Johnston
OGS Hughes SOB
Oneida Co. Sheriff’s Dept.
Oneida Co. Airport
Oneida Co. Airport
Oneida Co. Airport
Oneida Co. Airport
Oneida Co. Airport
Oneida Co. Airport
Oneida Co. Airport
Oneida Co. Airport
NYS DEC (Herkimer)
DMNA (Syracuse)

LOT 33 - Total Quantities
(Items 1 - 19)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

845
1,704
687
845
9,693
11,025
4,200
10,875
30,925
16,142
319
2,802
1,997
1,298
1,287
6
894
71,730
1,548
168,822

$11.6680
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 33: NATIONAL FUEL RESOURCES, INC.

(continued)
20438a.doc/T03md

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(Interruptible Supply – Index Price)

AWARD PAGE 24

LOT 34 - DELIVERY TO NATIONAL GRID WEST GATE
FIXED PRICE/FIRM SUPPLY

Item
No.
1.
2.

12 Months
Approx.
Quantity
MMBtu's

Agency
Gloversville-Johnstown WW
Watertown Correctional Fac.

LOT 34 - Total Quantities
(Items 1 - 2)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

7,100
56,975
64,075

$10.9290
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 34: NATIONAL FUEL RESOURCES, INC.

(continued)
20438a.doc/T03md

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05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 25

LOT 35 - DELIVERY TO NATIONAL GRID WEST GATE
FIXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.

City of Rome (JFK Pool)
City of Rome (JFK Ice Rink)
NYS Dept. of Labor
City of Rome (Steven Park)
City of Rome (PINTI Field)
City of Rome (PINTI Field)
City of Rome (Train Station)
City of Rome (Sewage)
City of Rome (Water Dept.)
City of Rome (Water Filtration)
City of Rome (Pump Station)
City of Rome (Pole KGGA)
City of Rome (Police Dept.)
City of Rome (Garage)
City of Rome (Parking)
City of Rome (Guyer Park)
City of Rome (HI Level Pump)
City of Rome
City of Rome (Fire Dept.)
City of Rome (Water Flirtation)
City of Rome (Fire Dept.)
City of Rome (Water)
City of Rome (City Hall)
City of Rome (Rec. Dept. JFK)
City of Rome (Water)
City of Rome (Pump Station)
City of Rome (VIP Bus)

LOT 35 - Total Quantities
(Items 1 - 27)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

105
1,189
274
197
372
273
2,821
5,510
565
396
57
605
1,414
867
450
214
202
30
1,441
4,553
756
30
3,804
170
132
65
1,049
27,541

$11.6800
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 35: NATIONAL FUEL RESOURCES, INC.

(continued)
20438a.doc/T03md

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(Interruptible Supply – Index Price)

AWARD PAGE 26

LOT 36 - DELIVERY TO NATIONAL GRID WEST GATE
INDEXED PRICE/FIRM SUPPLY
12 Months
Approx.
Quantity
MMBtu's

Item
No.

Agency

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.

DMNA (Utica)
DMNA (Rome)
DMNA (Gloversville)
NYS DOT (Fultonville)
NYS DOT (Rome)
NYS DOT (Utica)
NYS DOT (Utica)
NYS DOT (Watertown)
NYS DOT (Watertown)
Marcy Correctional Fac.
Marcy Correctional Fac.
Marcy Correctional Fac.
Marcy Correctional Fac.
Oneida-Herkimer
Oneida-Herkimer
Oneida-Herkimer
NYS School f/t Deaf
NYS School f/t Deaf
Oneida Co. (Walker Rd.)
Oneida Co. (Westmoreland)
Oneida Co. (Main St.)
Oneida Co. (James St.)
Oneida Co. (Dominick St.)
Oneida Co. (Elizabeth St.)
Oneida Co. (Elizabeth St.)
Oneida Co. Dominick St.)
Oneida Co. (Elizabeth St.)
Oneida Co. (Gioliotti Ave.)
Oneida Co. (Second St.)
NYS DOT (Salamanca)
NYS DOT (Mexico)
NYS DOT (Camillus)

LOT 36 - Total Quantities
(Items 1 - 32)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

5,995
2,949
2,698
1,200
840
720
2,365
1,080
920
1,750
590
245
430
3,997
1,578
310
11,317
1,984
630
475
6,773
2,468
462
12,663
777
1,035
537
525
505
600
480
720
69,618

$1.2000**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 36: NATIONAL FUEL RESOURCES, INC.

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AWARD PAGE 27

LOT 37 - DELIVERY TO NATIONAL GRID WEST GATE
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.

12 Months
Approx.
Quantity
MMBtu's

Agency
Mohawk Valley Comm. College

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

38,500

LOT 37 - Total Quantity
(Item 1)

38,500

$1.0270**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 37: NATIONAL FUEL RESOURCES, INC.

LOT 38 - DELIVERY TO NATIONAL GRID WEST GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.
3.
4.
5.

Agency

12 Months
Approx.
Quantity
MMBtu's

OMH Mohawk Valley Psych. Ctr.
OMH Hutchings Psych. Ctr.
Mohawk Correctional Fac.
Mid-State Correctional Fac.
Oneida Co. (Utica)

60,000
25,400
330,000
262,750
11,846

LOT 38 - Total Quantities
(Items 1 - 5)

689,996

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

$0.7183**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Pennsylvania

CONTRACTOR, LOT 38: COLONIAL ENERGY, INC.

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AWARD PAGE 28

LOT 39 - DELIVERY TO ORANGE & ROCKLAND CITY GATE
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.

12 Months
Approx.
Quantity
MMBtu's

Agency
NYS DOT (Middletown)
NYS DOT (Middletown)
NYS DOT (Middletown)
NYS DOT (Monroe)
NYS DOT (New City)
DMNA (Orangeburg)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

1,200
198
2,224
957
1,379
2,133

LOT 39 - Total Quantities
(Items 1 - 6)

8,091

$2.9050**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 39: HESS CORPORATION

LOT 40 - DELIVERY TO ORANGE & ROCKLAND CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.
3.

Agency

12 Months
Approx.
Quantity
MMBtu's

OMH Rockland Ctr.
OMH Cook Chill Ctr.
Helen Hayes Hospital

180,000
16,777
85,720

LOT 40 - Total Quantities
(Items 1 - 3)

282,497

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

$0.6588**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

West Virginia

CONTRACTOR, LOT 40: COLONIAL ENERGY, INC.

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AWARD PAGE 29

LOT 41 - DELIVERY TO ROCHESTER GAS AND ELECTRIC - CITY GATE
FIXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.

12 Months
Approx.
Quantity
MMBtu's

Agency
NYS DOT (Rochester)
DMNA (Rochester)
NYS DOT (Sodus)
Rochester Regional Transportation
Rochester Regional Transportation
DMNA (Rochester)

LOT 41 - Total Quantities
(Items 1 - 6)

Fixed Price*
per MMBtu's
Delivered to
LDC City Gate

3,975
2,410
631
10,226
1,772
2,311
21,325

$11.6058
(FIXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 41: NATIONAL FUEL RESOURCES, INC.

LOT 42 - DELIVERY TO ROCHESTER GAS AND ELECTRIC - CITY GATE
INDEXED PRICE/FIRM SUPPLY

Item
No.
1.
2.
3.
4.
5.
6.
7.

12 Months
Approx.
Quantity
MMBtu's

Agency
Butler Correctional Fac.
DMNA (Rochester)
DMNA (Rochester)
NYS DOT (Linden)
NYS DOT (Spencerport)
NYS DOT (Pittsford)
Butler Correctional Fac.

LOT 42 - Total Quantities
(Items 1 - 7)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

13,900
6,368
3,617
1,200
1,200
2,680
15,000
43,965

$1.2089**
(INDEXED PRICE/FIRM SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 42: NATIONAL FUEL RESOURCES, INC.

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LOT 43 - DELIVERY TO ROCHESTER GAS AND ELECTRIC - CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY

Item
No.
1.
2.

12 Months
Approx.
Quantity
MMBtu's

Agency
Rochester Regional Transportation
Finger Lakes DDSO

LOT 43 - Total Quantities
(Items 1 - 2)

Basis Cost*
per MMBtu's
Delivered to
LDC City Gate

20,359
58,361
78,720

$1.0490**
(INDEXED PRICE/INTERRUPTIBLE SUPPLY)

*Cost reflects all shrinkage including Fuel Retaining Losses, G.R.I. Surcharge, etc.
**This cost is added to the Nymex average as described herein to arrive at the city gate price.
Location of Sales Point:

Outside NYS

CONTRACTOR, LOT 43: NATIONAL FUEL RESOURCES, INC.

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AWARD PAGE 31

REQUEST FOR CHANGE:
Any request by the agency or contractor regarding changes in any part of the contract must be made in
writing to the Office of General Services, Procurement Services Group, prior to effectuation.
CONTRACT PAYMENTS:
Payments cannot be processed by State facilities until the contract products have been delivered in
satisfactory condition or services have been satisfactorily performed. Payment will be based on any invoice used
in the supplier's normal course of business. However, such invoice must contain sufficient data including but not
limited to contract number, description of product or service, quantity, unit and price per unit as well as federal
identification number.
State facilities are required to forward properly completed vouchers to the Office of the State Comptroller
for audit and payment. All facilities are urged to process every completed voucher expeditiously giving
particular attention to those involving cash discounts for prompt payment.
If the contract terms indicate political subdivisions and others authorized by law are allowed to participate,
those entities are required to make payments directly to the contractor. Prior to processing such payment, the
contractor may be required to complete the ordering non-State agency's own voucher form.
See "Contract Billings" in Appendix B, OGS General Specifications.
ELECTRONIC PAYMENTS:
The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks.
To obtain an electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact
them by e-mail at epunit@osc.state.ny.us or by phone at 518-474-4032.
PSG's DISPUTE RESOLUTION POLICY:
It is the policy of the Office of General Services’ Procurement Services Group (PSG) to provide vendors
with an opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations
or contract awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff.
All such matters will be accorded impartial and timely consideration. Interested parties may also file formal
written disputes. A copy of PSG’s Dispute Resolution Procedures for Vendors may be obtained by contacting
the person shown on the front of this document or through the OGS website (www.ogs.state.ny.us).
EXTENSION OF USE:
Any contract herein may be extended to additional States or governmental jurisdictions upon mutual
written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions
and other authorized entities within each participating State or governmental jurisdiction may also participate in
any contract if such State normally allows participation by such entities. New York State reserves the right to
negotiate additional discounts based on any increased volume generated by such extensions.
CONTRACT PERIOD AND RENEWALS:
If mutually agreed between the Procurement Services Group and the contractor, the contract may be
renewed under the same terms and conditions for up to an additional three (3) years but not to exceed a total
contract term of five (5) years.
SHORT TERM EXTENSION:
In the event the replacement contract has not been issued, any contract let and awarded hereunder by the
State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the
contractor with the same terms and conditions as the original contract including, but not limited to, quantities
(prorated for such one month extension), prices, and delivery requirements. With the concurrence of the
contractor, the extension may be for a period of up to three months in lieu of one month. However, this
extension terminates should the replacement contract be issued in the interim.

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WARRANTIES:
See "Warranties" in Appendix B, OGS General Specifications.
EMERGENCY PURCHASING:
In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of
the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b)
of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or
services, the Commissioner reserves the right to obtain such products or services from any source, including but
not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such
emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from
other sources pursuant to this paragraph.
CUSTOMER OBLIGATIONS:
OGS Procurement Services Group provides centralized commodity contracts, such as the natural gas
contract, to leverage the buying power of the State as a single customer, reduce administrative costs and take
advantage of bulk discounts and marketplace economies. The natural gas contract is a particular type of
centralized contract, referred to as a filed requirements contract, placing special obligations on a participating
agency and governed by Uniform Commercial Code section 2-306. In a filed requirements contract, an agency
that wishes to purchase must commit in advance to make all necessary purchases for the natural gas from the
awarded vendor. The agency that selects the "index price - interruptible supply" option also legally commits
itself to making a good faith effort to purchase all of its needs (as indicated by the specified volume or
nomination) from the winning bidder or bearing financial responsibility for not making the purchase. It is not a
good faith effort if the participating agency enters into another contract for the natural gas with another entity.
This level of commitment is necessary to ensure the State receives the most cost effective pricing possible.
While OGS Procurement Services Group is responsible for administering the natural gas contract, it is
expected an agency will attempt to work directly with the vendor to resolve any difficulties that may arise. OGS
Procurement Services Group is available to provide assistance as needed, but should not be considered the first
avenue of recourse.
NOTE:
The sales and deliveries of gas shall commence as soon as practicable after the completion of necessary
transportation arrangements. Each contract type has distinct characteristics and requires specific customer
commitments and obligations. The more significant aspects of each contract type are described as follows:
Fixed Price - Firm Supply
• The customer is committed to contract participation prior to bid solicitation. Quantities cannot be
adjusted after bid offers are accepted (excluding monthly or daily balancing done by contractor).
•

The customer will receive "firm" supply regardless of dual fuel capability.

•

The customer will not be allowed to fuel switch regardless of how favorably priced an alternate fuel
may become.

•

The customer will pay one city gate price for the life of the contract.

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AWARD PAGE 33

Indexed Price - Firm Supply
• The customer must commit to contract participation prior to bid solicitation. Quantities cannot be
adjusted as indicated above.
•

The customer will receive "firm" supply regardless of dual fuel capability.

•

The customer will not be allowed to fuel switch regardless of how favorably priced an alternate fuel
may become.

•

The customer price for natural gas to the city gate will vary monthly based on the New York
Mercantile Exchange (NYMEX) futures commodity prices and a fixed "basis cost" to determine each
month's final price. Prices are revised and released by the OGS Procurement Services Group during
the last week of the month preceding the month of delivery.

Indexed Price - Interruptible Supply
• The customer is committed to contract participation prior to bid solicitation.
•

The customer must have 100% dual fuel capability.

•

The customer price for natural gas to the city gate will vary monthly based on the New York
Mercantile Exchange (NYMEX) futures commodity prices and a fixed "basis cost" to determine each
month's final price. Prices are revised and released by the OGS Procurement Services Group during
the last week of the month preceding the month of delivery.

•

The customer may nominate "0" for any month if the alternate fuel is more economical than the
transportation natural gas. Also, the customer may have its gas supply interrupted when the supplier
can provide satisfactory justification for an interruption or curtailment under the conditions stipulated
in the OGS contract.

NOTE:
When participating in an indexed interruptible supply and the awarded prices for the commodity and basis
prices for natural gas are greater than the customer's alternate fuel, the State reserves the right to buy the alternate
fuel but only if the decision to switch from gas is made at the time of nominations for that particular month
unless otherwise agreed upon by both marketer and individual facility.
IMPORTANT:
Using Dominion Transmission, Inc. (DTI) receipt point at south of Valley Gate is not accepted in
this Award unless the bidder holds primary firm capacity that can deliver gas from the south of Valley
Gate to north of Valley Gate during the winter months. (November 1st to March 31st)
GAS BALANCING REQUIREMENTS:
• Marketers shall be required to exercise reasonable effort to minimize the application of balancing charges.
•

Marketers shall be required to deliver 100% of the buyers' natural gas requirements on a daily basis and
shall be required to balance deliveries to conform to actual consumption by lot on a daily basis.

•

Upon request by the Office of General Services, the marketer shall deliver within 30 days documentation
corroborating any balancing charges billed to buyers under this contract and documentation of marketer's
effort to manage pool balance on a daily basis.

•

The application of excessive or inappropriate balancing charges shall be sufficient basis for canceling this
contract and/or rejection of subsequent bid submissions.

•

Marketer is responsible for all balancing charges to the city gate and all costs related to commodity usage
patterns.
(continued)

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AWARD PAGE 34

SALES/TITLE TRANSFER POINT:
The State of New York takes title at the sales point(s) identified by the bidder. Notwithstanding transfer
of title to the State at the sales point(s), marketer shall be deemed to exercise or continue in control and
possession of the gas being delivered and responsible for any damage or injury caused until gas has been
delivered at the LDC city gate (delivery point). Also, marketer shall be responsible for the coordination and
scheduling of transportation volumes including completing all arrangements for transportation services for
delivery of the natural gas to existing meter at each agency.
WARRANTY OF TITLE:
Marketer warrants title to all natural gas delivered and warrants that it has the right to sell the same and
that such natural gas is free from liens and adverse claims of every kind. Marketer shall indemnify and save the
State harmless against all loss, damage and expense of every kind on account of adverse claims that accrue
before delivery to the State.
TRANSPORTATION CHARGES:
The marketer shall pay all costs associated with the transportation of the gas to the LDC city gate. The
State (i.e. ordering agency) shall enter into a separate agreement with the LDC and pay all costs associated with
the transportation of gas from the LDC city gate to the existing meter at each agency.
PUBLIC SERVICE COMMISSION RETAIL ACCESS BUSINESS RULES:
The marketer shall abide by the New York State Public Service Commission (PSC) Uniform Retail
Access Business Practices Cases including all updates/revisions during the term of contract for all natural gas
transactions and practices under this contract. This includes any PSC provisions covering "Single Billing". A
copy of the PSC Uniform Retail Access Business Practices is available for download from the PSC web page:
www.dps.state.ny.us.
BALANCING:
Due to changes in utility tariffs, and the utility specific balancing charges, the agency reserves the right to
review and/or adjust any aberrant balancing charges. In addition, the marketer is responsible for supplying
documentation supporting these balancing charges.
NOTE:
Marketer’s supplying natural gas must be compliant in all Federal, State and NYS Public Service
Commission tariffs governing each individual utility territory bid, including but not limited to load aggregations,
balancing and individual utility programs.
QUANTITY:
Subject to the terms and conditions of this contract, the marketer agrees to sell and deliver to designated
agencies, and agencies agree to purchase and accept from the marketer the nominated quantity of MMBtu’s of
natural gas per month. (Delivery Schedule reflects estimated quantities only.) Agency will be billed for actual
quantity consumed. The sale and delivery of gas by marketer shall be on an interruptible or firm basis, as
specified within each Lot. Where interruptible gas is specified, the marketer shall not be liable to the State for
any interruption or curtailment of deliveries of natural gas to the State where satisfactory justification for such
action can be provided in writing to the agency’s end-user and the Office of General Services.
Agency’s/End user in an Interruptible Service can only implement alternate fuels usage if decided at time
of monthly nomination and the alternate fuel is determined to be less costly based on price information available
at the time of nomination. Other arrangements can be made providing mutual consent is established between
marketer and end user.

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AWARD PAGE 35

National Fuel Gas & Distribution
In National Fuel Gas & Distribution (NFGD) territory, agencies will be served under NFGD’s Dual
Billing and/or supplier transportation, balancing and aggregation (STBA) Agency shall be billed for actual
quantities of gas consumed. Any penalties assessed by the utility will be the sole responsibility of the marketer.
National Grid
If daily balancing, marketer is required to be in balance within the daily tolerance, which is 5% for
November through March and 10% for April through October. Balancing service recovery charge should also be
included in bid price.
Rochester Gas & Electric
In Rochester Gas & Electric (RG&E) territory, agencies will be served under RG&E’s daily balancing
services in accordance with RG&E's PSC No. 12-schedule for gas distribution service. Marketer is required to
provide the utility's monthly Firm Transportation Rate Adjustment Statement (filed at the NYS Public Service
Commission) with the invoice submitted to the end user.
New York State Electric & Gas
Effective January 1, 2004, PSC has approved a demand charge for daily balanced accounts behind
NYSEG that is billed to the marketer. This added demand charge will be allowed to be passed through to the
facility unaltered as billed by NYSEG and be listed as a separate line item on the bill. Do not include the
demand charge in your bid price.
NOMINATIONS:
Agency shall notify marketer in writing not less than five (5) calendar days before the first day of
each delivery of the estimated monthly and/or daily gas nomination of the agency as necessary. (Note: for
the purposes of clarification, the 27th of the previous month if it is a 31-day month and the 26th of the previous
month if it is a 30-day month.)
If agreed to by the marketer, nominations may be submitted to marketer at a later date. Marketer shall take
no action to supply gas unless a formal nomination has been received. Further, marketer should make certain
that the using agency submits a nomination each month, even if the nomination is zero. If agency nominations
are not timely, marketer may contact the Office of General Services for assistance. Agency shall pay for
volumes of gas so nominated which are delivered to agency, subject to the Force Majeure Clause listed herein.
If applicable, marketer shall be responsible for notifying Agency of any mid-month adjustments to
Agency nomination. In instances where an Agency facility has prior monthly balances of natural gas supply
which are carried over into the upcoming month, otherwise know as rollovers or carryovers, it shall be the
responsibility of both the Agency facility and the marketer to communicate said rollovers to the other party in
order to avoid unnecessary penalties imposed by the local utility.
IMPORTANT:
INTERRUPTIBLE CUSTOMERS ARE NOT PERMITTED TO FUEL SWITCH DURING THE
DELIVERY MONTH EXCEPT WHEN THERE IS A PIPELINE OR UTILITY
INTERRUPTION/OPERATION FLOW ORDER (OFO) UNLESS MUTUALLY AGREED UPON BY
MARKETER AND INDIVIDUAL FACILITY.
CURTAILMENTS/INTERRUPTIONS:
If an agency nominates gas, and the LDC and any available pipeline is flowing supply, marketers
are expected to supply gas for the entire month and the end user is required to burn the gas for the entire
month. The State agrees to be interrupted only when marketer can provide satisfactory justification of
interruptions or curtailments that occur on pipelines or at the LDC level, as a result of demand for
transportation service/supply exceeding capacity. Where firm supply is specified, marketer is expected to
deliver natural gas at all times. Note that firm supply specified in this Award means primary firm nonrecallable primary delivery point capacity to the city gate and not secondary firm supply.

(continued)
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AWARD PAGE 36

CURTAILMENTS/INTERRUPTIONS: (Cont’d)
Should curtailment/interruption occur, marketer will be required to provide to the customer and
the Office of General Services satisfactory justification, including written documentation from pipeline or
LDC that clearly describes details of curtailment/interruption. Marketer shall be responsible for notifying
both customer and the Office of General Services, in writing via fax or e-mail of any pipeline curtailments
as soon as possible after marketer becomes aware that a curtailment will take place.
Failure to notify the customer and the Office of General Services in writing within 24 hours of
pipeline curtailment shall be sufficient justification for the agency to apply a charge-back, which shall be
the difference between the contract natural gas price versus the open market purchase price or the utility
supplied price, including any LDC imposed charges. Such notification must be issued by the pipeline in
question and must indicate the name, number and location of the station where curtailment takes place.
This notification is required for each and every instance that capacity curtailment takes place.
If gas should flow after marketer notifies customer of curtailment/interruption of service, marketer
will notify customer, and LDC if applicable, within 12 hours of resumption of service. Marketer will be
liable for any charges caused by marketer's failure to inform customer and LDC, if applicable, of lifting of
curtailment/ interruption.
AGENCY TRAINING:
Marketer is responsible for conducting training sessions of appropriate length for critical agency
personnel. Such sessions shall explain the mechanism of the transportation gas contract and shall be scheduled
as requested by agency.
DELIVERY PRESSURE:
The gas purchased shall be delivered for the account of the State at a pressure sufficient to effect delivery
into the pipeline facilities of the transporter.
NATURAL GAS QUALITY:
All gas delivered to the LDC’s city gate shall have a total heating value of not less than 967 Btu per cubic
foot and not more than 1100 Btu per cubic foot. The gas delivered to the local distribution company’s city gate
shall be commercially free from objectionable odors, dust or other solid or liquid matters which might interfere
with the merchantability of the gas or cause injury to or interference with proper operation of the lines,
regulators, meters, or other appliances through which gas flows. The gas supplied to the local distribution
company’s city gate shall not contain any active bacteria or bacterial agent capable of contribution to or causing
operational problems. The gas delivered to the local distribution company’s city gate shall be free of water and
hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered, and shall not contain
any hydrocarbons which might condense to free liquids under normal conditions in the local distribution
company’s pipelines and shall not contain more than seven pounds of water in vapor phase per one million cubic
feet. The gas delivered hereunder at the primary point of delivery shall be commercially free of gum, gumforming constituents, gasoline and other solid and/or liquid matter that may become separated from the gas
during transportation thereof and shall conform to quality specifications included in the interstate transporter’s
tariff as approved by the Federal Energy Regulatory Commission (FERC) and/or those required by delivering
pipelines.
BILLING AND PAYMENT:
After the delivery of gas has commenced, the marketer shall render to the consuming agency a statement
showing the quantity of gas delivered during the preceding month. The State has made payment of bills a top
priority. Special payment procedures, designed to expedite invoice processing from receipt to mailing of checks
have been implemented and proven effective.
In some utility territories the marketer bills the customer/agency for local LDC delivery (city gate to
burner tip) and in most cases, customer/agencies will be given the option to allow marketer or the LDC to issue
combined bills.

(continued)
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AWARD PAGE 37

NOTE:
Should the price structure utilized by the parties become unworkable for the State, detrimental or injurious
to the State, or result in prices which are not truly reflective of current market conditions and the price is deemed
unreasonable or excessive by the Commissioner, and no adjustment in price is mutually agreeable, the
Commissioner reserves the sole right upon 10 days written notice mailed to the marketer to terminate any
contract resulting from this bid opening. If the marketer is unable or unwilling to meet contractual requirements
in whole or in part, it shall immediately notify the State of that fact, enabling the State to take appropriate action.
Such notification shall be in writing and shall be directed to the Office of General Services, Procurement
Services Group. The effective date of such termination shall take into consideration the ability of State facilities
to file nominations in a timely manner for the following month’s deliveries.
FORCE MAJEURE:
Curtailment/Interruption of one or more pipelines will not be considered a force majeure situation.
Except for the State’s obligations to make payment for gas delivered hereunder, neither party hereto shall
be liable for any failure to perform the terms of the contract when such failure is due to “force majeure” as
hereinafter defined. The term “force majeure” as employed in this specification shall include but not be limited
to acts of God, strikes, lockouts, or industrial dispute or disturbances, civil disturbances, arrests and restraint
from rulers or people, interruption by government or court orders, present and future valid orders of any
regulatory body having proper jurisdiction, acts of the public enemy, wars, riots, blockades, insurrections,
inability to secure or a delay in securing labor or materials, including delay in securing or inability to secure
materials by reason of allocations promulgated by authorized governmental agencies, epidemics, landslides,
lightning, earthquakes, fires, storms, floods, washouts, explosions, breakage or freezing of pipelines, inability to
obtain easements or right-of-way, the making of repairs or alterations to lines of pipe or plants, mechanical
breakdown of either parties’ facilities, the failure of any local distribution company to accept gas for delivery for
any reason, force majeure of any third party, partial or entire failure of gas supply or any other cause, whether the
kind enumerated above or otherwise so long as the causes are not reasonably within the control of the party
claiming “force majeure.” The “force majeure” shall, so far as possible, be remedied with a reasonable dispatch.
The settlement of strikes or lockouts or industrial disputes or disturbances shall be entirely within the discretion
of the party having the difficulty and the above requirement that any “force majeure” shall be remedied with all
reasonable dispatch shall not require the settlement of strikes, lockouts, or industrial disputes or disturbances by
acceding to the demands of any opposing party therein when such course is inadvisable in the discretion of the
parties having the difficulty.
For purposes of this clause “force majeure” which interferes with the State’s ability to use natural gas shall
be deemed to occur no later than twelve (12) hours after receipt of notification thereof by the State.
GOVERNMENT AUTHORIZATION:
The contract shall be subject to all valid applicable local, state, and federal laws and the orders, directives,
rules and regulations of any governmental body or official having jurisdiction. The contract shall only be
amended by a written instrument executed by the parties hereto. The contract contains the entire understanding
of the parties with respect to the matter contained herein. There are no premises covenants or undertakings other
than those expressly set forth herein.
The headings used throughout the Invitation for Bids, specifications and resulting contract are inserted for
reference purposes only, and are not to be taken into account in construing the terms and provisions of any
Article, not to be deemed in any way to qualify, modify, or explain the effects of any such term or provision.
As to all matters of construction and interpretation, the Invitation for Bids, specification and this Award
shall be interpreted, construed and governed by the laws of the State of New York.
REBATES:
The Office of General Services has the right to determine the disposition of any rebates, settlements,
restitution, liquidated damages, etc. which arise from the administration of this contract.

(continued)
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GROUP

05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 38

NOTICES:
Any notice, request, demand, or statement provided for in the contract shall be in writing and deemed
given when deposited in the United States postage prepaid directed to the post office address of the parties.
INVOICES:
Marketer may be required to furnish copies of monthly invoices to PURCHASING TEAM 3, NYS
OFFICE OF GENERAL SERVICES, PROCUREMENT SERVICES GROUP, 38TH FLOOR CORNING
TOWER, ESP, ALBANY, NY 12242 for recording sales transactions and analysis.

AGENCY/MARKETER RESPONSIBILITIES FOR ALL UTILITY TERRITORIES:
Agency Responsibilities:
Agency will be responsible for placing nominations for natural gas supply to the marketer “in writing” not less
than five (5) calendar days prior to the first day of the month for which supply is needed; or, at a later date if
mutually agreed upon by marketer and the agency.
Agency will be responsible for supplying usage data to marketer on an as-needed basis as required by the
marketer in order to serve Agency under the utility/LDC.
Agency will be responsible for supplying faxed meter reads to marketer on an as-needed basis.
Agency will be responsible for having installed and utility approved remote telemeter devices, if needed.
Agency will be responsible for timely completion of utilities aggregation form upon receipt from Marketer for
further submission to Utility Company.
Agency will be responsible for completion of any additional documentation as deemed necessary by Marketer
and Utility/LDC.
Marketer Responsibilities:
Marketer will be responsible for placing nominations for natural gas supply to LDC “in writing” in accordance
with utilities nomination schedule. (See Appendix B, Article 42 - "Estimated Quantity Contracts" and
"Quantity" clause elsewhere herein.)
Marketer, prior to the start of contract, will inform user agencies of the format and manner of billing, including
whether commodity will be billed separately by the contractor, or whether the contractor will be billing for the
utility transportation on a single bill, and will provide a sample billing format.
Marketer will be responsible for requesting faxed meter reads from the Agency locations as deemed necessary by
the marketer in order to serve Agency under the applicable utility company's program.
Marketer will be responsible for executing the completion and submission of the utilities aggregation form as
required by the utility/LDC.
Marketer will be responsible for creating a pool of customers within the LDC's pooled balancing program to
better facilitate its daily balancing responsibilities. This pool will consist of customers included in this Award
but may also include other customers served by the successful bidder within this LDC territory.

(continued)
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05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 39

AGENCY/MARKETER RESPONSIBILITIES FOR ALL UTILITY TERRITORIES: (Cont’d)
Marketer Responsibilities: (Cont’d)
Marketer will be responsible for requesting any usage data from the Agency locations as deemed necessary by
the marketer in order to serve Agency under utility/LDC's program.
Marketer will be responsible for completion of any additional documentation as deemed necessary by the State
or utility/LDC.
Marketer will be responsible for any and all daily/end-of-month “cash outs” as imposed by LDC, if applicable.
Marketer shall bill customer for actual quantities of natural gas consumed.
Marketer, where required, will secure adequate upstream capacity (and storage, when applicable) to ensure that
service is "firm."
Marketer will not be responsible for any additional costs incurred by Agency locations as a result of Agency
location’s failure to supply Marketer with necessary faxed meter reads as required by Marketer.
Marketer will be responsible to own the balance control account for all agencies listed herein, in accordance
with individual utility/LDC when applicable.
Marketer will be responsible for any excessive balancing charge when applicable. (See "GAS BALANCING
REQUIREMENTS” on Page 33 herein.)

(continued)
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05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)

AWARD PAGE 40

State of New York
Office of General Services
PROCUREMENT SERVICES GROUP
Contract Performance Report
Please take a moment to let us know how this contract award has measured up to your expectations. If reporting
on more than one contractor or product, please make copies as needed. This office will use the information to improve
our contract award, where appropriate. Comments should include those of the product’s end user.
Contract No.:

Contractor.

Describe Product* Provided (Include Item No., if available):
*Note: “Product” is defined as a deliverable under any Bid or Contract, which may include commodities (including
printing), services and/or technology. The term “Product” includes Licensed Software.
Excellent

Good

Acceptable

Unacceptable

Excellent

Good

Acceptable

Unacceptable

• Product meets your needs
• Product meets contract specifications
• Pricing
CONTRACTOR

•
•
•
•
•

Timeliness of delivery
Completeness of order (fill rate)
Responsiveness to inquiries
Employee courtesy
Problem resolution

Comments:

(over)

Agency:

Prepared by:

Address:

Title:
Date:
Phone:
E-mail:

Please detach or photocopy this form & return by FAX to 518/474-2437 or mail to:
OGS PROCUREMENT SERVICES GROUP
Customer Services, 37th Floor
Corning 2nd Tower - Empire State Plaza
Albany, New York 12242
* * * * *

(continued)
20438a.doc/T03md



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