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 : Group 05900 – NATURAL GAS
(Firm Supply – Fixed and Indexed Price)
(Interruptible Supply – Index Price)
Classification Code: 15
Award Number : 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 Political Subdivisions & Others
Customer Services
Name :
Title :
Phone :
Fax :
E-mail :
Jose De Andres
Purchasing Officer I
518-474-1108
518-474-1160
jose.deandres@ogs.state.ny.us
Phone :
Fax :
E-mail :
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
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 2
(Interruptible Supply – Index Price)
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NOTE: See individual contract items to determine actual awardees.
CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.#
PC62689 COLONIAL ENERGY, INC. 845-429-3229 582209516
3975 FAIR RIDGE DRIVE Susan Filgueras
SUITE T10 NORTH FAX NO.: 845-786-5341
FAIRFAX, VA 22033 E-mail: sfilgueras@colonialenergy.com
Web Site: www.colonialgroupinc.com
PC62690 CONSTELLATION NEW ENERGY - 716-541-1667 830456842
GAS DIVISION Timothy D. Wright
2440 SHERIDAN DRIVE FAX NO.: 716-614-1819
TONAWANDA, NY 14150 E-mail: tim.wright@constellation.com
Web Site: www.newenergy.com
PC62691 HESS CORP. 800-437-7265 134921002
ONE HESS PLAZA 800-437-7872
WOODBRIDGE, NJ 07095 732-750-6888
Nelson Alves OR
Hess Operator
FAX NO.: 732-750-6927
E-mail: nalves@hess.com
Web Site: www.hess.com
PC62692 NATIONAL FUEL RESOURCES, INC. 800-839-9993 161408956
SB 165 LAWRENCE BELL DRIVE 716-630-6700
SUITE 120 Dan Czechowicz OR
WILLIAMSVILLE, NY 14231 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 800-598-2046 311662765
1077 CELESTIAL STREET 513-621-1113
CINCINNATI, OH 45202 Larry Freeman
FAX NO.: 513-621-3773
E-mail: lfreeman@stand-energy.com
Web Site: www.standenergy.com
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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 3
(Interruptible Supply – Index Price)
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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 = Average of Last + Marketer’s Basis Cost**
Price Three Days
Close of NYMEX
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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 4
(Interruptible Supply – Index Price)
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LOT 1 - DELIVERY TO CENTRAL HUDSON GAS & ELECTRIC - CITY GATE
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Fishkill Correctional Facility 31,400
LOT 1 - Total Quantities 31,400 $11.9710
(Item 1) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. NYS DOT (Poughkeepsie) 960
2. NYS DOT (Newburgh) 900
3. NYS DOT (Poughkeepsie) 4,145
4. NYS DOT (Kingston) 780
5. DMNA (Newburgh) 3,138
6. NYS DOT (Poughkeepsie) 2,548
7. DMNA (Poughkeepsie) 1,503
LOT 2 - Total Quantities 13,974 NO AWARD
(Items 1 - 7)
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 5
(Interruptible Supply – Index Price)
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LOT 3 - DELIVERY TO CENTRAL HUDSON GAS & ELECTRIC - CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Fishkill Correctional Fac. 435,000
2. OMH Hudson River Psych. Center 18,292
LOT 3 - Total Quantities 453,292 $0.8517**
(Items 1 - 2) (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
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Yonkers) 842
2. DMNA (Whitestone) 1,535
3. DMNA (New York) 1,626
4. DMNA (New York) 758
5. DMNA (Bronx) 1,978
6. Peekskill CSD (Admin. Bldg.) 86
7. Peekskill CSD (Uriah Hill School) 196
8. Peekskill CSD (Oakside School) 284
9. Peekskill CSD (High School) 390
10. Peekskill CSD (Park Street School) 59
11. Peekskill CSD (Peek Middle School) 287
12. Queensboro Correctional Fac. 12,419
13. DMNA (Bronx) 1,395
14. DMNA (New York) 1,046
15. Katonah Village Library 797
LOT 4 - Total Quantities 23,698 NO AWARD
(Items 1 – 15)
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 6
(Interruptible Supply – Index Price)
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LOT 5 - DELIVERY TO CON EDISON – CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Peekskill) 4,059
2. Westchester DOT 34,867
3. Westchester DOT 100,582
4. Westchester Encon 12,562
5. Westchester Encon 5,704
6. Tn of Greenburgh (Police/Court) 1,325
7. Tn of Greenburgh (Town Hall) 833
8. Tn of Greenbergh (Recreation Dept.) 1,386
9. Tn of Greenburgh (Library) 1,016
10. Tn of Greenburgh (Sprain Garage) 6,983
11. Tn of Greenburgh (Bryant Ave. Pump Sta.) 152
12. Tn of Greenburgh (Water & Sewer Dept.) 1,169
LOT 5 - Total Quantities 170,638 NO AWARD
(Items 1 – 12)
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 7
(Interruptible Supply – Index Price)
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LOT 6 - DELIVERY TO CON EDISON – CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. City of Yonkers (Engine #1) 2,714
2. City of Yonkers (Engine #3) 972
3. City of Yonkers (Engine #4) 1,085
4. City of Yonkers (Engine #6) 468
5. City of Yonkers (Engine #7) 3,208
6. City of Yonkers (Engine #9) 2,859
7. City of Yonkers (Engine #10) 105
8. City of Yonkers (Engine #11) 639
9. City of Yonkers (Engine #12) 1,726
10. City of Yonkers (Engine #13) 997
11. City of Yonkers (1st Precinct) 1,496
12. City of Yonkers (2nd Precinct) 319
13. City of Yonkers (McLean Ave. Library) 180
14. City of Yonkers (McLean Ave. Recreation) 732
15. City of Yonkers (Veteran’s Office) 183
16. City of Yonkers (Health Center) 3,658
17. City of Yonkers (Hillview Pump Sta.) 200
18. City of Yonkers (Schultze Field) 125
19. City of Yonkers (Police Property) 4,754
20. City of Yonkers (Sewer Dept.) 1,990
21. City of Yonkers (Fac. Maint. Div.) 6,599
22. City of Yonkers (Faye Park) 214
23. City of Yonkers (Beczak) 227
24. City of Yonkers (Nodine Hill Comm. Ctr.) 567
25. City of Yonkers (Recycling Center) 4,391
26. City of Yonkers (Hudson River Museum) 4,503
27. City of Yonkers (City Jail) 1,663
28. City of Yonkers (Yonkers) 5,446
29. City of Yonkers (Armory) 68
30. City of Yonkers (285 Nepperhan Ave.) 3,000
31. City of Yonkers (Sign Shop Tuckahoe Rd.) 1,975
32. City of Yonkers (Nepperhan Comm. Ctr.) 469
33. City of Yonkers (Cacace Justice Ctr.) 8,540
34. City of Yonkers (Green House) 940
35. City of Yonkers (Rifle Range) 492
36. City of Yonkers (Cola Center) 751
37. City of Yonkers (Chema Center) 472
38. City of Yonkers (Scotti Senior Center) 725
69,452
LOT 6 - Total Quantities 69,452 NO AWARD
(Items 1 – 38)
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 8
(Interruptible Supply – Index Price)
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LOT 7 - DELIVERY TO CON EDISON – CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (New York) 6,676
2. DMNA (New York) 10,193
3. Peekskill CSD 5,491
4. Queensboro Correctional Fac. 804
5. Bedford Hills Correctional Fac. 168,349
LOT 7 - Total Quantities 191,513 $0.6621**
(Items 1 – 5) (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
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Ronkonkoma) 2,214
2. DMNA (Patchoque) 1,807
3. DMNA (Freeport) 2,444
4. DMNA (Bay Shore) 1,683
5. DMNA (Farmingdale) 609
6. DMNA (Farmingdale) 759
7. DMNA (Bay Shore) 839
8. DMNA (Patchoque) 541
9. North Massapequa Fire District 237
10. North Massapequa Fire District 78
11. North Massapequa Fire District 525
12. North Massapequa Fire District 407
LOT 8 - Total Quantities 12,143 NO AWARD
(Items 1 - 12)
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 9
(Interruptible Supply – Index Price)
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LOT 9 - DELIVERY TO KEYSPAN ENERGY (LONG ISLAND) – CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. NYS DOT (Melville) 1,200
2. NYS DOT (Hicksville) 240
3. NYS DOT (North Merrick) 600
4. NYS DOT (Central Islip) 3,570
5. DMNA (Huntington Station) 2,837
6. DMNA (Ronkonkoma) 7,062
LOT 9 - Total Quantities 15,509 NO AWARD
(Items 1 - 6)
LOT 10 - DELIVERY TO KEYSPAN ENERGY (NEW YORK) – CITY GATE
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Staten Island) 1,286
2. Brooklyn DDSO 1,785
3. Brooklyn DDSO 103,602
4. DMNA (Jamaica) 1,275
LOT 10 - Total Quantities 107,948 $11.5510
(Items 1 - 4) (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
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 10
(Interruptible Supply – Index Price)
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LOT 11 - DELIVERY TO KEYSPAN ENERGY (NEW YORK) – CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Staten Island) 2,748
2. DMNA (Staten Island) 5,223
LOT 11 - Total Quantities 7,971 $2.8840**
(Items 1 - 2) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Jamaica) 20,317
2. DMNA (Brooklyn) 4,634
3. DMNA (Brooklyn) 3,255
4. Brooklyn DDSO 86,415
5. Arthur Kill CF 4,600
LOT 12 - Total Quantities 119,221 NO AWARD (NO BIDS RECEIVED)
(Items 1 - 5)
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 11
(Interruptible Supply – Index Price)
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LOT 13 - DELIVERY TO NATIONAL FUEL CITY GATE (NON CAPACITY)
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Alfred University 101,419
2. Erie Co. Water Authority 5,075
3. Erie Co. Water Authority 7,083
4. Erie Co. Water Authority 8,307
5. City of Dunkirk 5,100
LOT 13 - Total Quantities 126,984 $10.6600
(Items 1 - 5) (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 Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Niagara Falls) 2,409
2. DMNA (Hornell) 1,022
3. DMNA (Dunkirk) 793
4. DMNA (Avfuels) 91
5. DMNA (Bldg. 923) 324
6. DMNA (Bldg. 906) 458
7. DMNA (Bldg. 960) 265
8. DMNA (Bldg. 904) 1,187
9. DMNA (Bldg. 901) 1,658
10. DMNA (Bldg. 912) 1,497
11. DMNA (Buffalo) 973
LOT 14 - Total Quantities 10,677 $11.4000
(Items 1 - 11) (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
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 12
(Interruptible Supply – Index Price)
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LOT 15 - DELIVERY TO NATIONAL FUEL CITY GATE (CAPACITY)
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. NYS DOT (Hornell) 1,920
2. NYS DOT (Depew) 1,680
3. NYS DOT (Hamburg) 3,025
4. DMNA (Jamestown) 4,103
5. NYS Parks & Recreation 3,450
6. Wyoming Correction Fac. 4,500
7. Attica Correctional Fac. 10,450
8. DMNA (Multi Bldgs.) 5,755
9. DMNA (Bldg. 902) 11,630
10. Gowanda Correctional Fac. 3,291
11. NYS DOT (Hamburg) 3,084
12. NYS DOT (Hamburg) 2,158
13. NYS DOT (East Aurora) 1,338
14. NYS DOT (Mayville) 4,179
15. NYS DOT (Fredonia) 1,233
16. NYS DOT (Bemus Point) 1,043
17. NYS DOT (Falconer) 1,579
18. NYS DOT (Sherman) 1,028
19. NYS DOT (Hornell) 3,200
20. Collins Correctional Fac. 8,455
LOT 15 - Total Quantities 77,101 $0.9100**
(Items 1 - 20) (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
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 13
(Interruptible Supply – Index Price)
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LOT 16 - DELIVERY TO NATIONAL FUEL CITY GATE (NON CAPACITY)
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Wyoming Correctional Fac. 271,600
2. Western NY DDSO 44,081
3. DMNA (Buffalo) 7,516
4. DMNA (Buffalo) 10,380
5. DMNA (Bldg. 915) 4,798
6. Lakeview Correctional Fac. 1,280
LOT 16 - Total Quantities 339,655 $0.4400**
(Items 1 – 6) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. OMH Buffalo Psych. Center 46,300
2. Collins Correctional Fac. 251,000
3. Lakeview Correctional Fac 48,300
LOT 17 - Total Quantities 345,600 $0.4400**
(Items 1 - 3) (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
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 14
(Interruptible Supply – Index Price)
(continued)
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LOT 18 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Southport Correctional Fac. 43,566
2. NYS OGS Binghamton SOB 11,922
3. DMNA (Walton) 1,233
4. DMNA (Olean) 1,873
LOT 18 - Total Quantities 58,594 $12.5010
(Items 1 - 4) (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
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Albion Correctional Fac. 152
2. Albion Correctional Fac. 92
3. Albion Correctional Fac. 38
LOT 19 - Total Quantities 282 $11.6830
(Items 1 - 3) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 15
(Interruptible Supply – Index Price)
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LOT 20 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. NYS OGS Homer Folks 1,659
2. NYS OGS Homer Folks 852
3. NYS OGS Homer Folks 2,297
4. DMNA (Ithaca) 1,257
5. NYS DOT (Canandaigua) 1,152
6. NYS DOT (Canandaigua) 96
7. DMNA (Auburn) 380
LOT 20 - Total Quantities 7,693 $11.6700
(Items 1 - 7) (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
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Clinton Co. Sheriff Dept. 18,062
LOT 21 - Total Quantities 18,062 NO AWARD (NO BIDS RECEIVED)
(Item 1)
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 16
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 22 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (DAILY)
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Albion Correctional Fac. 33,650
2. Orleans Correctional Fac. 6,387
LOT 22 - Total Quantities 40,037 $0.8780**
(Items 1 - 2) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. J M Murray Ctr. 4,600
2. NYS Veterans Home 10,855
3. DMNA (Auburn) 2,807
4. J M Murray Ctr. 2,750
5. Village of Newark (Municipal Bldg.) 2,703
6. Village of Newark (DPW) 1,497
7. Village of Newark (Fire Dept.) 227
8. Village of Newark (Cemetery Office Bldg.) 205
9. Village of Newark (Waste Water Treat.) 2,124
10. Village of Newark (Waste Water Plant) 915
11. Village of Newark (Waste Water Filter Pt) 1,570
12. Auburn Correctional Fac. 2,221
13. DMNA (Lockport) 3,033
LOT 23 - Total Quantities 35,507 $1.9950**
(Items 1 - 13) (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
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 17
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 24 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. NYS DOT (Cortland) 1,680
2. NYS DOT (Waterloo) 600
3. NYS DOT (Canandaigua) 780
4. NYS DOT (Newark) 600
5. NYS DOT (Newark) 977
6. NYS DOT (Morrisville) 420
7. NYS DOT (Oneonta) 1,000
8. NYS DOT (Oneonta) 1,500
9. NYS DOT (Auburn) 300
10. NYS DOT (Oxford) 1,349
11. NYS DOT (Oxford) 360
12. NYS DOT (Horseheads) 1,532
13. NYS DOT (Horseheads) 507
14. NYS DOT (Horseheads) 710
15. NYS DOT (Lockport) 960
LOT 24 - Total Quantities 13,275 $1.2120**
(Items 1 - 15) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 18
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 25 - DELIVERY TO NEW YORK STATE ELECTRIC AND GAS – CITY GATE (MONTHLY)
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. NYS DOT (Hancock) 1,440
2. NYS DOT (Cobleskill) 1,800
3. NYS DOT (Cobleskill) 960
4. NYS DOT (Owego) 780
5. NYS DOT (Hancock) 1,706
6. NYS DOT (Binghamton) 2,855
7. NYS DOT (Binghamton) 205
8. NYS DOT (Binghamton) 6,165
9. NYS DOT (Watkins Glen) 1,764
10. NYS DOT (Binghamton) 931
11. DMNA (Binghamton) 4,299
12. DOS Academy of Fire Science 12
13. DOS Academy of Fire Science 9,056
LOT 25 - Total Quantities 31,973 $2.3020**
(Items 1 - 13) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Albion Correctional Fac. 147,500
LOT 26 - Total Quantities 147,500 $0.8500**
(Item 1) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 19
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 27 - DELIVERY TO NEW YORK STATE ELECTRIC & GAS (DAILY)
INDEXED PRICE/INTERRUPTIBLE SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Cayuga Correctional Fac. 66,020
2. Elmira Psy. Ctr. 24,180
3. NYS DOCS Groveland CF 224,380
LOT 27 - Total Quantities 314,580 NO AWARD
(Items 1 - 3)
LOT 28 - DELIVERY TO NEW YORK STATE ELECTRIC & GAS (DAILY)
INDEXED PRICE/INTERRUPTIBLE SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Binghamton Psy. Ctr. 84,000
2. Broome Development Ctr. 60,170
LOT 28 - Total Quantities 144,170 $1.7300**
(Items 1 - 2) (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
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 20
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 29 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Scotia) 647
2. Rensselaer Co. Family 2,148
3. Troy Senior Center 2,707
4. Rensselaer Main Office 2,571
5. Rensselaer Public Safety (Sheriff) 7,732
6. Rensselaer Hwy. Dept. 2,841
7. Rensselaer Co. Ag/Life Sci. Bldg. 529
8. Rensselaer Co. Courthouse 8,405
9. Lansingburg CSD 1,928
10. Lansingburg CSD 3,239
11. Lansingburg CSD 3,566
12. Lansingburg CSD 5,620
13. Lansingburg CSD 6,023
14. Uncle Sam’s House 654
15. Uncle Sam’s House 221
16. NYS Dept. Agriculture & Markets 1,819
17. NYS Dept. Agriculture & Markets 12
18. Heritage Home for Women 1,406
19. DMNA (USPFO Warehouse) 1,096
20. DMNA (Troy) 1,027
21. DMNA (Troy) 229
LOT 29 - Total Quantities 54,420 $11.5640
(Items 1 - 21) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 21
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 30 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Latham) 4,796
2. DMNA (Schenectady) 4,034
3. NYS DOT (Waterford) 3,920
4. NYS DOT (Latham) 1,440
5. NYS DOT (Hudson) 1,020
6. NYS DOT (Hudson Falls) 780
7. NYS DOH (Incinerator Bldg. “C”) 5,200
8. NYS DOH (Bldg. #9) 284
9. NYS DOH (Bldg. #1) 368
10. NYS DOT (Defreestville) 1,320
11. NYS DOT (Clifton Park) 420
12. DMNA (Historical Museum) 2,773
13. NYS DOT (Washington Co.) 1,709
14 NYS DOT (Saratoga) 420
15. NYS DOT (Voorheesville) 240
LOT 30 - Total Quantities 28,724 $1.1980**
(Items 1 - 15) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 22
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 31 - DELIVERY TO NATIONAL GRID EAST GATE – CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DASNY (Delmar) 1,987
2. DASNY (Albany) 5,422
3. City of Albany (City Hall) 5,660
4. City of Albany (Bath #2) 4,085
5. City of Albany (OGS) 9,780
6. City of Albany (Traffic Safety) 3,440
LOT 31 - Total Quantities 30,374 $1.2730**
(Items 1 - 6) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. OGS Albany Utilities 313,000
2. Hudson Correctional Fac. 69,100
3. DOH Wadsworth Labs 71,500
4. University of Albany 20,220
5. Rensselaer Co. Sewer 23,400
6. OGS Utilities Management 1,599,947
7. Capital District DDSO 49,300
LOT 32 - Total Quantities 2,146,467 $0.6612**
(Items 1 - 7) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 23
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 33 - DELIVERY TO NATIONAL GRID WEST GATE
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Syracuse) 845
2. DMNA (Syracuse) 1,704
3. DMNA (Utica) 687
4. DMNA (Utica) 845
5. OGS Dulles SOB 9,693
6. OGS Utica SOB 11,025
7. Gloversville-Johnston 4,200
8. OGS Hughes SOB 10,875
9. Oneida Co. Sheriff’s Dept. 30,925
10. Oneida Co. Airport 16,142
11. Oneida Co. Airport 319
12. Oneida Co. Airport 2,802
13. Oneida Co. Airport 1,997
14. Oneida Co. Airport 1,298
15. Oneida Co. Airport 1,287
16. Oneida Co. Airport 6
17. Oneida Co. Airport 894
18. NYS DEC (Herkimer) 71,730
19. DMNA (Syracuse) 1,548
LOT 33 - Total Quantities 168,822 $11.6680
(Items 1 - 19) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 24
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 34 - DELIVERY TO NATIONAL GRID WEST GATE
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Gloversville-Johnstown WW 7,100
2. Watertown Correctional Fac. 56,975
LOT 34 - Total Quantities 64,075 $10.9290
(Items 1 - 2) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 25
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 35 - DELIVERY TO NATIONAL GRID WEST GATE
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. City of Rome (JFK Pool) 105
2. City of Rome (JFK Ice Rink) 1,189
3. NYS Dept. of Labor 274
4. City of Rome (Steven Park) 197
5. City of Rome (PINTI Field) 372
6. City of Rome (PINTI Field) 273
7. City of Rome (Train Station) 2,821
8. City of Rome (Sewage) 5,510
9. City of Rome (Water Dept.) 565
10. City of Rome (Water Filtration) 396
11. City of Rome (Pump Station) 57
12. City of Rome (Pole KGGA) 605
13. City of Rome (Police Dept.) 1,414
14. City of Rome (Garage) 867
15. City of Rome (Parking) 450
16. City of Rome (Guyer Park) 214
17. City of Rome (HI Level Pump) 202
18. City of Rome 30
19. City of Rome (Fire Dept.) 1,441
20. City of Rome (Water Flirtation) 4,553
21. City of Rome (Fire Dept.) 756
22. City of Rome (Water) 30
23. City of Rome (City Hall) 3,804
24. City of Rome (Rec. Dept. JFK) 170
25. City of Rome (Water) 132
26. City of Rome (Pump Station) 65
27. City of Rome (VIP Bus) 1,049
LOT 35 - Total Quantities 27,541 $11.6800
(Items 1 - 27) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 26
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 36 - DELIVERY TO NATIONAL GRID WEST GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. DMNA (Utica) 5,995
2. DMNA (Rome) 2,949
3. DMNA (Gloversville) 2,698
4. NYS DOT (Fultonville) 1,200
5. NYS DOT (Rome) 840
6. NYS DOT (Utica) 720
7. NYS DOT (Utica) 2,365
8. NYS DOT (Watertown) 1,080
9. NYS DOT (Watertown) 920
10. Marcy Correctional Fac. 1,750
11. Marcy Correctional Fac. 590
12. Marcy Correctional Fac. 245
13. Marcy Correctional Fac. 430
14. Oneida-Herkimer 3,997
15. Oneida-Herkimer 1,578
16. Oneida-Herkimer 310
17. NYS School f/t Deaf 11,317
18. NYS School f/t Deaf 1,984
19. Oneida Co. (Walker Rd.) 630
20. Oneida Co. (Westmoreland) 475
21. Oneida Co. (Main St.) 6,773
22. Oneida Co. (James St.) 2,468
23. Oneida Co. (Dominick St.) 462
24. Oneida Co. (Elizabeth St.) 12,663
25. Oneida Co. (Elizabeth St.) 777
26. Oneida Co. Dominick St.) 1,035
27. Oneida Co. (Elizabeth St.) 537
28. Oneida Co. (Gioliotti Ave.) 525
29. Oneida Co. (Second St.) 505
30. NYS DOT (Salamanca) 600
31. NYS DOT (Mexico) 480
32. NYS DOT (Camillus) 720
LOT 36 - Total Quantities 69,618 $1.2000**
(Items 1 - 32) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 27
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 37 - DELIVERY TO NATIONAL GRID WEST GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Mohawk Valley Comm. College 38,500
LOT 37 - Total Quantity 38,500 $1.0270**
(Item 1) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. OMH Mohawk Valley Psych. Ctr. 60,000
2. OMH Hutchings Psych. Ctr. 25,400
3. Mohawk Correctional Fac. 330,000
4. Mid-State Correctional Fac. 262,750
5. Oneida Co. (Utica) 11,846
LOT 38 - Total Quantities 689,996 $0.7183**
(Items 1 - 5) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 28
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 39 - DELIVERY TO ORANGE & ROCKLAND CITY GATE
INDEXED PRICE/FIRM SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. NYS DOT (Middletown) 1,200
2. NYS DOT (Middletown) 198
3. NYS DOT (Middletown) 2,224
4. NYS DOT (Monroe) 957
5. NYS DOT (New City) 1,379
6. DMNA (Orangeburg) 2,133
LOT 39 - Total Quantities 8,091 $2.9050**
(Items 1 - 6) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. OMH Rockland Ctr. 180,000
2. OMH Cook Chill Ctr. 16,777
3. Helen Hayes Hospital 85,720
LOT 40 - Total Quantities 282,497 $0.6588**
(Items 1 - 3) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 29
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 41 - DELIVERY TO ROCHESTER GAS AND ELECTRIC - CITY GATE
FIXED PRICE/FIRM SUPPLY
12 Months Fixed Price*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. NYS DOT (Rochester) 3,975
2. DMNA (Rochester) 2,410
3. NYS DOT (Sodus) 631
4. Rochester Regional Transportation 10,226
5. Rochester Regional Transportation 1,772
6. DMNA (Rochester) 2,311
LOT 41 - Total Quantities 21,325 $11.6058
(Items 1 - 6) (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
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Butler Correctional Fac. 13,900
2. DMNA (Rochester) 6,368
3. DMNA (Rochester) 3,617
4. NYS DOT (Linden) 1,200
5. NYS DOT (Spencerport) 1,200
6. NYS DOT (Pittsford) 2,680
7. Butler Correctional Fac. 15,000
LOT 42 - Total Quantities 43,965 $1.2089**
(Items 1 - 7) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 30
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
LOT 43 - DELIVERY TO ROCHESTER GAS AND ELECTRIC - CITY GATE
INDEXED PRICE/INTERRUPTIBLE SUPPLY
12 Months Basis Cost*
Approx. per MMBtu's
Item Quantity Delivered to
No. Agency MMBtu's LDC City Gate
1. Rochester Regional Transportation 20,359
2. Finger Lakes DDSO 58,361
LOT 43 - Total Quantities 78,720 $1.0490**
(Items 1 - 2) (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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 31
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 32
(Interruptible Supply – Index Price)
(continued)
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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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 33
(Interruptible Supply – Index Price)
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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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 34
(Interruptible Supply – Index Price)
(continued)
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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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 35
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
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 non-
recallable primary delivery point capacity to the city gate and not secondary firm supply.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 36
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
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, gum-
forming 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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 37
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 38
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
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.
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 39
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
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.)
GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) AWARD PAGE 40
(Interruptible Supply – Index Price)
(continued)
20438a.doc/T03md
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
• Product meets your needs
• Product meets contract specifications
• Pricing
CONTRACTOR
Excellent Good Acceptable Unacceptable
• 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
* * * * *
